Contents # 3/2017

ECONOMICS OF JUSTICE: THE STATE WEAL AND THE BENEFITS OF A PRIVATE PERSON  Pdf 16

V. V. MOMOTOV

chairman of the Council of Judges of the Russian Federation, judge of the Supreme Court of the Russian Federation, judge of the highest qualification class, doctor of legal sciences, professor
8, Barrikadnaya st., Moscow, Russia, 123995
E-mail: ssrf@ssrf.ru

The economic component of the courts’ activities on the administration of justice is a complex issue that, unfortunately, still remained outside the field of view of the Russian researchers. The court financing system, as well as mechanisms to improve the economic efficiency of the administration of justice are topical issues of the modern legal orders, which are closely associated with the principle of independence of judges and the guarantees of independence. Justice is a point of collision of public and private interests, that is why the question of the relation of these interests within the economy of justice is particularly relevant. The purpose of this study is to identify trends in economic aspect of the activity of courts from the standpoint of the ratio between private and public interests both in Russian and in foreign legal systems of Continental-European and Anglo-American legal families, as well as determining the future prospects of such development. The objective of the study is to analyze the financing systems of the judicial system and mechanisms to improve the economic efficiency of the administration of justice, including the optimization of the case load, the introduction of e-justice, regulation of the state fee. To achieve the goals and objectives of the study can be applied a systemic-structural, comparative legal, historical, systemic and statistical methods and scientific methods of induction and deduction. As the results of the study were identified the main models of financing of the judiciary and tendencies of their development, the problem of the case load and ways for its reduction were considered in comparative legal aspect in present article. Also the author has taken an assessment of institutions of electronic justice and state duties, as well as their role in improving the economic efficiency of the courts. On the basis of these results the author has made a few suggestions for the further development of the proceedings.

Keywords: economics of justice, financing of the courts, caseload, e-justice, state duties.

DOI: 10.12737/article_593fc3438b36c6.70253943

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PROBLEMS OF FORMATION OF THE LEGAL CULTURE OF THE MODERN SOCIETY  Pdf 16

A. S. AKHMETOV

assistant professor at the Department of economics, law and philosophy of the Pavlodar State Pedagogical Institute, Ph.D., associate professor
60, Mira st., Pavlodar, Kazakhstan, 140000
E-mail: arman.ahmetov@mail.ru

This article analyzes the legal culture of the modern society. The aim of the paper is to select the values of the legal culture of the Republic of Kazakhstan during its development as a democratic state. Special attention is paid to the study of axiological aspects of the legal culture in the process of development of democratic state and formation of civil society. The scientific work was based on a scientific research of Kazakh and foreign authors on nature of law, legal culture, its values in the process of formation of civil society and a state governed by the rule of law. The author believes that legal culture is a phenomenon quite complex and diverse in its internal structure and variety of social relations. The legal culture is not only knowledge of the laws, norms of law and methods of their use, however, and involves them as mandatory elements of the legal system. Legal culture includes awareness and the level of law-enforcement activities in the interests of ensuring and strengthening the rule of law. There are a few conclusions at the end of the article. The author believes that the legal culture is a certain steady state of social consciousness and social practice whish are based on repeated certain activities, the systematic functioning of the various structural elements of the legal system - the law, morality and traditions.

Keywords: law, culture, society, legal culture, democratic state and its values, civil society, legal consciousness, legal education, absolute human values.

DOI: 10.12737/article_593fc3439943f8.88868960

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SHARIA COURTS IN THE UK: A PARALLEL LEGAL SYSTEM OR RELIGIOUS ARBITRATION?  Pdf 16

N. A. GOLOVANOVA

leading research fellow of the Department of foreign constitutional, administrative, criminal law and international law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: foreign1@izak.ru

The article deals with the question of the status of Sharia courts in the United Kingdom, acting as a religious arbitration. In total, 85 Sharia courts (councils) with jurisdiction to handle family conflicts and divorces (divorces account for approximately 90%) are currently officially functioning in this country. These courts (councils) are not part of the British legal system and are not subject to judicial review. Some Sharia councils, contrary to English law, discriminate on the basis of sex. The lack of real protection on the part of state structures puts women who are victims of domestic violence at particular disadvantage. Unlike women of other confessions in the UK, a significant part of Muslim women who are in a religious marriage can be divorced only by religious ceremony. Concluding a Sharia marriage in the UK, a Muslim woman receives an Islamic marriage certificate that includes many conditions, but does not contain an item on the right to divorce. Unlike Britain in Muslim countries, such as, for example, Tunisia, Sharia courts for divorce are no longer used, and spouses have equal rights in divorce. The absence of legal provisions of the rights of women participating in the proceedings by agreement of the parties, and numerous instances of discrimination have led to investigations at the level of the British government and the parliament. It was concluded that in the country formed a parallel legal system that violates human rights.

Keywords: Sharia courts, Islamic Sharia Council, parallel legal system, religious arbitration, divorce, family conflict, domestic violence, human rights, gender equality, parliamentary inquiry.

DOI: 10.12737/article_593fc3439c3fa4.59845597

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COURT AND OTHER BODIES OF THE CONSTITUTIONAL CONTROL: “PRO” AND “CONTRA” (SUBJECTIVE NOTES)  Pdf 16

V. E. CHIRKIN

chief research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor, honored scientist of the Russian Federation, honored lawyer of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: vechirkin@yandex.ru

This article discusses several types of non-specialized and specialized bodies, carrying out legal protection in the countries of the world of the сonstitution: the ordinary courts, constitutional courts. constitutional councils, specific authorities in some muslim countries, some other organs. Applying a multifaceted approach, content analysis of constitutions and laws governing the constitutional control, methods of analysis and synthesis. induction and deduction, techniques of comparative law, the author notes the existence of the pros and cons of the Institute of constitutional control in four areas: 1) in organizing such bodies (the formation and composition) in countries with different institutional forms of such Institute; 2) in the process of reviewing cases, including in a different composition of the judicial presence and forms of other meetings of the relevant bodies; 3) in the effectiveness of their decisions, including the situation, when such decisions are final and not subject to appeal, and order in individual countries when on-demand some higher state bodies (Parliament, Head of state) bodies of the constitutional control again examine the case and only then their decision is final; 4) the problematic issue of the relationship between the decisions of the bodies of the constitutional control and of laws of the Parliament when the law (part of it) is contrary to the Constitution and therefore does not apply, whereas it is believed that exactly Parliament. as a folk representation expresses the sovereignty of the people ((no such allegations against a constitutional control body). It is also referred to the importance of the decisions of the courts of general jurisdiction, if they come to the conclusion about contradiction of the Constitution of a provision of the law, applied by the Court in resolving the case, and of the procedure for further action, the pros and cons of such practices in Russia.

Keywords: constitutional control, bodies for the legal protection of the constitution, dignity and disadvantages.

DOI: 10.12737/article_593fc3439fd014.98773314

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DECENTRALIZATION OF PUBLIC ADMINISTRATION: A COMPARATIVE ANALYSIS OF THE EXPERIENCE OF THE REPUBLIC OF UZBEKISTAN AND FOREIGN COUNTRIES (BY THE EXAMPLE OF FRANCE AND THE FEDERAL REPUBLIC OF GERMANY)  Pdf 16

S. A. ALIMUKHAMEDOV

senior research fellow of the Institute for Monitoring of Current Legislation under the President of the Republic of Uzbekistan
43, Uzbekistanskaya st., Tashkent, Uzbekistan, 100163
E-mail: info@monitoring.uz

The article provides a comparative analysis of the experience of the Republic of Uzbekistan in the sphere of decentralization of public administration, and developed countries such as France and Germany. The issues concerning organizational and legal support of decentralization of public administration in these countries were analyzed as well. The author has analyzed the stages of decentralization of public administration in France and its peculiarities; the administrative-territorial entities of the French Republic and their relations with the central authorities are also considered in present article. The powers of the Federation and the German federal land, as well as their relationships are considered. The article also studied the powers of the communities in Germany, as well as their relationships with each other, with the federal states and the federation. Moreover, the Institute of Federal enforcement in Germany as a means of control by the Federation is considered as well. The article contains the stages of the decentralization of public administration in the Republic of Uzbekistan, issues on the differentiation of powers between the central government and state authorities in the local areas. There are disclosed the powers of the authoritative local bodies, the issues of organizational and legal support to their activities, as well as their relationship with the central bodies of state administration. The article also shows the role and nature of self-government bodies in the process of decentralization of public administration in the Republic of Uzbekistan.

Keywords: decentralization, public administration, central bodies of state administration, administrative-territorial units in the local areas, public authority in local areas, self-government bodies.

DOI: 10.12737/article_593fc343a74d88.99496618

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BASICS OF THE JUDICIAL CONSTITUTIONAL REVIEW AND ENFORCEMENT IN RUSSIAN AND BRAZILIAN FEDERAL STRUCTURE  Pdf 16

I. D. SEMENOVSKY

postgraduate student at the Financial University under the Government of the Russian Federation
9, Akademik Sakharov ave., Moscow, Russia, 107996
E-mail: i.semenovskiy@yandex.com

This article is devoted to the comparative analysis of bases of legal regulation of the constitutional proceedings and enforcement in the Russian Federation and the Federative Republic of Brazil, whihc are the Member States of BRICS. The author provides a brief overview of the constitutional regulation of the judiciary and a comparative analysis of the models of judicial constitutional control in Brazil and Russia; examines in detail the legal regulation of judicial constitutional control of the two states, including a review of the constitutional regulation of judicial procedures used by the Federal Supreme Court of Brazil. The article contains a few examples of the application by the highest bodies of judicial constitutional control of the constitutional principles of the federal structure and analyzes some decisions of the Federal Supreme Court of Brazil and Constitutional Court of the Russian Federation, which have influenced the development of federalism in these states. On the basis of the study of the basic laws and other acts the author has made a conclusion about the similarities and differences in the legal regulation of judicial constitutional control in the sphere under consideration. So, he marked even more rigid interpretation of the Constitution by the Federal Supreme Court of Brazil, unlike the Russian practice, to the consideration of cases on conformity with Brasilian Constitution, state legislation and other normative-legal acts. For example, Brazilian and Russian federalism specifies and examines the constitutional principle of the Federal structure - the principle of symmetry. The conclusion is that the approach of the Russian legislator and the Constitutional Court of the Russian Federation is more variable to regulate the issues and opportunities change the criteria of construction of models of organization of state power at the level of constituent entities of the Russian Federation with greater freedom in determining the internal structure then in Brazil.

Keywords: Constitution, judicial constitutional control, federal structure, federalism, comparative legal analysis, Russia, Brazil, BRICS.

DOI: 10.12737/article_593fc343aac832.56581856

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DEVELOPMENT OF LEGISLATION ON THE REGISTRATION OF POLITICAL PARTIES IN AUSTRALIA  Pdf 16

T. I. CHURSINA

head of the Department of joint editorial office of scientific periodical publications, research fellow of the Constitutional, administrative, criminal and international law department of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: tatyanachursina@hotmail.com

Nowadays it is difficult to imagine a stable political environment without the functioning of political parties in modern democracies. In order to cover new or existing political views and stimulate the formation of new parties, the legislation regulating the activities of political parties is dynamically developing. The state also creates various restrictions on the way to continue the activities of existing parties or the formation of new ones, especially in multi-party democracies, where a multiplicity of parties creates confusion for voters, and can lead to instability in the activities of the government or parliament. For the stable functioning of a political party, there is a need for clearly defined legal requirements that it must follow, and for its registration it must comply with all formalities prescribed by law, including those related to the preparation of a set of documents. These reasons determine the relevance of the problems of legal regulation of registration of political parties. All these processes are observed in Australia, where over the past 30 years have been significant reforms that entailed the legal consolidation of political parties in the electoral process. The requirement for a relatively low membership for the party registration in Australia facilitates the formation of parties that seek to solve local or regional problems, and the possibility of creating representative offices and regional affiliates of political parties contributes to defending regional and local interests without violating the state’s national integrity and unity of the system of state power, as the basis of a federal system. To register the party at the federal level and the level of a number of states, it is also possible to use the rule of “parliamentary representation”. Achieving a balance between different regimes of party registration facilitates the organization of candidates in clearly structured groups, ensuring equal conditions for political competition.

Keywords: political party, registration of a political party, multi-party system, democracy, political competition, parliamentary representation, candidates, Australia, elections.

DOI: 10.12737/article_593fc343ade3a7.44177788

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CONTEMPORARY STATE OF GERMAN COPYRIGHT LAW  Pdf 16

Yu. M. YUMASHEV, E. V. POSTNIKOVA

Yu. M. YUMASHEV, professor at the Department of public international and private international law of the National Research University “Higher School of Economics”, doctor of legal sciences
20, Myasnitskaya st., Moscow, Russia, 101000
E-mail: Yyumashev@hse.ru

E. V. POSTNIKOVA, associate professor at the Department of public international and private international law of the National Research University “Higher School of Economics”, candidate of legal sciences
20, Myasnitskaya st., Moscow, Russia, 101000
E-mail: epostnikova@hse.ru

This article analyzes the common problems of German copyright law (GCL). The authors begin with the concept of copyright law, emphasizing the personal, absolute and inalienable GCL. It operates on the basis of the so-called “monistic doctrine”, whereby its indivisibility and the creative individuality of the author play a vital role. Then the authors describe the sources of GCL (first of all, the Basic Law of Germany, the German Law on Copyright and Related Rights, the International Convention on Copyright, the Agreement on trade-related aspects of intellectual property rights (trips) concluded under the World Trade Organization (WTO), and the primary and secondary law of the European Union). Also there is an analysis of objects of GCL (copyrighted works) and their main elements: personal character, intellectual content, forms, and their perception of others. Original work must be the result of intellectual effort of the author, who is the subject of copyright. The content of the GCL, the mechanism of its regulation and the scope of its application, including the dates of validity are analyzed in present article. Special attention is paid to the peculiarities of copyright and publishing contracts, issues of related rights, as well as a distinctive trait of GCL - the societies for the collective management of copyright and related rights. Also the article addresses civil and criminal penalties for violations of the GCL. In conclusion the authors noted that the images of historically significant personalities can be published without their consent in a public and justice interests.

Keywords: GCL, personal absolute and inalienable character, related rights, open access to publishing and copyright contracts, collective societies for management of copyright and related rights.

DOI: 10.12737/article_593fc343b1df17.24854769

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REFORM OF LEGISLATIVE REGULATION OF PROTECTION OF THE ADULT PERSONS’ RIGHTS IN SWITZERLAND  Pdf 16

N. N. PETUROVA

postgraduate student at the Department of civil legislation of foreign states of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: embassysquare@yahoo.com

The article shows the evolution of the Swiss civil legislation in the sphere of guardianship over an adults in Switzerland, presents the principles which are the basis of the system of measures for protection of these persons at present, analyzes the approaches to the reform 2012 of the Swiss Civil Code, embodied the concept of the protection of the fundamental rights and freedoms. The author paid attention on a specific reform measures of protection and the procedure of their adoption. Also the attention paid to new concepts, laid the basis for the reform, such as respect for human dignity, promoting self-determination of individuals, strengthening the solidarity of the family, reducing the degree of state intervention in private life of a person, differentiational approach to the application of safeguards, the non-evaluative terminology, and disclosure of information on application of protection measures. The article discusses the current legislative regulation of Switzerland (order in case of loss of ability to reason intelligently, accommodation in an institution for assistance, the representation of the spouse or registered partner and the four kinds of guardianship: guardianship by the guardianship cooperation, guardianship representation and custody of the common actions). The theme of the article is relevant considering the need for the further revision of the Russian legislation in the part of protection and promotion of the interests of persons with mental disabilities. Foreign experience is extremely useful, as important changes of the Civil code of the Russian Federation (2012) and the Civil Procedural Code of the Russian Federation (2013), prepared under pressure of the European Court of Human Rights and the Constitutional Court of the Russian Federation, are not sufficient and the reform in Russia should be continued.

Keywords: guardianship, protection of the rights of adult persons, self-identity, solidarity of the family.

DOI: 10.12737/article_593fc343b66593.51952039

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PRE-CONTRACTUAL RELATIONS IN INTERNATIONAL COMMERCIAL TURNOVER: SPECIFICITY AND TENDENCIES OF LEGAL REGULATION  Pdf 16

O. V. MURATOVA

junior research fellow of the Department of private international law of the Institute of Legislation and Comparative Law under the Government of Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: olgbelusva@rambler.ru

The article is devoted to analysis of specifics and trends of legal regulation of pre-contractual relations in international commercial turnover. The emergence of disputes arising from pre-contractual relations, the recognition of the doctrine of culpa in contrahendo, which appeared in the late nineteenth century and helped to establish the Institute that meets the needs of the international commercial turnover in the XXI century. The determining factor in the formation of the new Institute of pre-contractual relations of the Russian civil law are the successes of the foreign national codifications of private law and the unification of international private law in the European Union in the framework of non-governmental organizations: International Institute for the Unification of Private Law (UNIDROIT), the Hague conference on private international law, etc. These achievements prefaced the inclusion in the civil code provisions on pre-contractual relations by putting the question of formal recognition of their existence as an independent Institute of the civil law on the legal consequences occurring as the result of unfair behavior at the pre-contractual stage. The author also draws attention to the complexity of the recognition of those or other actions of potential contractors of the existence of pre-contractual relations, which raises the question of whether their formalization through written fixation. In addition, the author considers the problem of implementation in the Russian legislation the principle of autonomy of will of parties to select the law applicable to pre-contractual relations. At the end the author comes to a conclusion that the most suited to modern commercial reality is an approach, according to which the principle of autonomy of will of the parties is a fundamental criterion for determining the law applicable to pre-contractual relations. The choice of such rights must be granted to the parties pre-contractual relations, as the conclusion of the main contract or after its conclusion (for example, if you have any pre-contractual dispute).

Keywords: pre-contractual relations, negotiating, conflict regulation, formalization, standardization, autonomy of will, international commercial turnover.

DOI: 10.12737/article_593fc343b94613.23365582

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ON THE REFORM OF CRIMINAL SANCTIONS IN THE DRAFT OF THE NEW CRIMINAL CODE OF MONGOLIA  Pdf 16

Yu. V. KHARMAYEV

head of the Department of criminal procedure and criminalistics of the Law faculty of the Buryat State University, Candidate of legal sciences, associate professor, honored lawyer of the Republic of Buryatia
6, Sukhe-Bator st., Ulan-Ude, Russia, 670023
E-mail: kharmaev@mail.ru

The author points out the peculiarities of the reform of the criminal legislation of Mongolia. In July 2017 it is planned the adoption of the new Criminal Code of Mongolia, in this regard, it is interesting to observe what are the trends of changes in the Institute of criminal sanctions of neighboring state, considering that the Russian Criminal Code in recent years is also subject to frequent changes and additions. Mongolia borders to Russia from the South-East and its history, culture, politics are closely intertwined with the population of such regionsof the Russian Federation as Buryatia, Irkutsk oblast, Tuva, ZabaykalskyKrai, so it is always interesting to observe the changes taking place there. It should be noted that in Europe the rejection of the cruelty of execution and application of penalties has fallen to XIX century, whereas the national legislation of Mongolia is changing in the humanistic direction in recent years. Due to the similarity of legal systems of Russia and Mongolia, it should be paid a particular attention to the reforming features of the national legislation of the neighboring border states, including in search of the most effective means of combating crime. Changes and improvements of the criminal legislation of Mongolia, including the penal system, in the author’s opinion, will provide food for thought and certain experience for the Russian legislator and law enforcers. In particular, the arrestas a form of criminal punishment which is not being performed in Russia so far since the present Criminal Code had entered into force, following the example of Mongolian colleagues, can simply be excluded from the list of punishments, it is enough to change the lower limit of imprisonment from 2 months, for example, up to 10 days.

Keywords: reforms, criminal sanctions, Mongolia, foreign experience.

DOI: 10.12737/article_593fc343bd0597.85858738

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CRIMINALLY-LEGAL MAINTENANCE OF OPERATIONAL-INVESTIGATIVE ACTIVITY IN AUSTRALIA AND THE UNITED STATES: THE EXPERIENCE FOR THE RUSSIAN LEGISLATOR  Pdf 16

G. S. SHKABIN

associate professor at the Department of criminal law of the Kikot Moscow University of the Ministry of Internal Affairs of the Russian Federation, candidate of legal sciences, associate professor
12, Akademik Volgin st., Moscow, Russia, 117437
E-mail: uprzn@ya.ru

For a relatively long time there is consideration of criminal law maintenance for secrecy activity of law enforcement agencies in order to combat crime in the legislation, judicial practice and jurisprudence of some foreign countries. In many states this process has undergone numerous changes. The article presents the experience of legal regulation of causing harm during performance of activities, which is called operational-investigative in Russia. The provisions of legal acts and court decisions of Australia and the United States as the countries with the most developed regulatory and scientific basis for solving these problems are analyzed. It is noted that in both countries the root cause of the formation of the regulatory framework dedicated to harm causing during covert operations were specific criminal cases. The legislation of Australia, which establishes the procedure for controlled operations causing harm to the objects of criminal law protection, is considered. The conditions of the legitimacy of the controlled behavior are described. Attention is paid to the border admissibility of acts as well as the release of the Australian legislator since 2010, the so-called auxiliary crime during a controlled operation. Legal maintenance for acts of secret FBI employees in USA, conditions of their lawful conduct and the limits of harm causing are described. The author comes to a conclusion that the representatives of US law enforcement-enforcement agencies have extremely broad powers during operational implementation. Based on the review conclusions, including and recommendations for the improvement of the Russian legislation are drawn.

Keywords: criminally-legal maintenance, covert operations, controlled behavior, operational-investigative activity, harm causing, operational implementation, crime provocation, auxiliary crime, protection of the government.

DOI: 10.12737/article_593fc343c04c73.33901692

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THE DEVELOPMENT OF THE USA LEGISLATION ON THE FIGHT AGAINST TERRORISM AFTER 11 SEPTEMBER 2001  Pdf 16

A. E. EFREMOV

legal counsel of legal security group of the Military unit No. 44643
11а, Kirov st., Yoshkar-Ola, Russia, 424038
E-mail: dreamlife1988@yandex.ru

The article is devoted to development of the USA legislation on the fight against terrorism. The author considered the objectives and tasks of the state in a particular historical period; analyzed the laws passed by the USA Congress aimed at combating home and international terrorism; identifies the main directions of the state policy of the USA in the field of counter-terrorism. The article covers the events after 11 September 2001 to the present. The author gives a brief overview of the events of 11 September 2001, discusses the Patriot Act and other laws, aimed at combating terrorism. The Patriot Act allows the Federal Bureau of Investigation to intercept telephone, verbally and electronic communications relating to terrorism, computer and mail fraud; introduces special measures to combat money-laundering; expands immigration rules, in particular, mandatory requirement of detention of persons suspected of terrorism appeared; reveals the procedure of multilateral cooperation to combat terrorism, strengthening measures to investigate terrorist crimes; established rewards for information on terrorism; introduces the procedure of identification of DNA of persons charged for committing terrorist crimes or any violent crime; introduced the concept of domestic terrorism and Federal crimes of terrorism, the prohibition on harboring terrorists and material support; there is a new crime - terrorist and other acts of violence against public transportation systems. The law abolished for the statute of limitations for crimes of terrorist orientation. In 2002 5 laws wer adopted: “Homeland Security Act of 2002”, “Maritime Transportation Security Act of 2002”, “Aviation and Transportation Security Act“, “Public Health Security and Bioterrorism Preparedness and Response Act of 2002”, “Terrorism Risk Insurance Act of 2002”. The Palestinian Anti-Terrorism Act was adopted in 2006. This law restricted the financial assistance to the Palestinian national authority; Haqqani Network Terrorist Designation Act of 2012 included the Haqqani Network in the list of international terrorist organizations; the political act of refusal of admission to the United States representative to the United Nations, because he was accused of the occupation of the espionage or terrorist activities against the United States and poses a threat to the national security interests of the United States.

Keywords: USA law, fight against terrorism, 11 September 2001, USA PATRIOT ACT, Palestinian Anti-Terrorism Act of 2006, Al-Qaeda, Hamas, Haqqani Network, civil war in Syria, Edward Snowden, USA FREEDOM Act of 2015, Hezbollah, the Islamic state of Iraq and the Levant, NSA, CIA.

DOI: 10.12737/article_593fc343c391e2.71878517

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THE LEGISLATION IN THE SPHERE OF COUNTERACTION OF CORRUPTION: RUSSIA AND CHINA (COMPARATIVE LEGAL ASPECT)  Pdf 16

V. V. SEVALNEV

senior research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: sevalnev77@gmail.com

The article considers the actual issues of combating corruption in the Russian Federation and People's Republic of China. The author conducts a comparative analysis of legislation in the sphere of anti-corruption in Russia and China. The study identified the main approaches in combating corruption in both countries. The author proposes a periodization of the process of formation of anti-corruption legislation in both countries. The author distinguishes three main stages in the development of Russian legislation in the anti-corruption sphere and four stages in the development of similar legislation in China. On the basis of the conducted analysis the author concludes that the anti-corruption legislation of Russia and China, mostly already formed, however, within the legal framework of China, unlike Russia, has not yet been adopted the basic anti-corruption legislative act. The author also notes that in China in anti-corruption legislation widely use a subordinate rule-making and regulations of inner-party character, which can be attributed to regulations at national level, in Russia anti-corruption legislation is divided into the Federal normative legal acts, laws and other normative legal acts of bodies of constituent entities of the Russian Federation and municipal legal acts. The author also notes that PRC authorities in addition to legislative procedures widely use the program to search and return “runaway” officials. This approach is really interesting for the relevant Russian bodies, such as the Federal financial monitoring service and requires further scientific understanding to explore the possibility of using in Russian legal space and law enforcement.

Keywords: anti-corruption, anti-corruption legislation, legal regulation, special program, departmental normative act, asset recovery, China.

DOI: 10.12737/article_593fc343c6e286.74734563

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JURIDICAL FRAMEWORK OF IMPLEMENTATION OF UN CONVENTIONS ON BIOLOGICAL DIVERSITY (CBD) IN AZERBAIJAN REPUBLIC (in English)  Pdf 16

T. I. HUSEYNOV

associate professor at the Department of international private and european law of the Law faculty of the Baku State University
38, Z. Khalilov st., Baku, Azerbaijan, AZ1033
E-mail: turgay@legcon.org

The article deals with the study of the issues over the implementation of the provisions of the Convention on Biological Diversity, 1992 in the Azerbaijan Republic. National regulations and legal acts, aimed at realization of the mentioned Convention hereupon, are analyzed. The gaps existed in the legislation of the republic are identified. The intended measures on the provision of biological diversity to be fulfilled within the National strategy plans asserted by the Decree of the President of the Azerbaijan Republic are analyzed as well. Biodiversity conservation is not to be limited to the territory of individual states. It is necessary to proceed from the protected area, which sometimes may cover the territory of several states. These elements should be taken into account when forming the national legal framework and the implementation of the provisions of international agreements in the field of biodiversity conservation. The importance of active participation of each State in the preservation of biodiversity and, thus, protection of the environment as a whole. Naturally invaluable role here, and the public, and each one of us. All this requires improved national legal framework and institutional arrangements in this area. The fight for the preservation of biodiversity is achieved not only by the struggle with the consequences, by the application of administrative and criminal sanctions, but preventive actions to prevent them. An important role will be played by the National Plan, providing for comprehensive measures for the conservation of biodiversity.

Keywords: biological diversity, ecology, environmental law, Azerbaijan Republic, Cartagena Protocol, environmental safety.

DOI: 10.12737/article_593fc343ca4ed3.12927086

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LAND FEES: A COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF UZBEKISTAN AND THE RUSSIAN FEDERATION  Pdf 16

M. M. NURMATOV

senior research fellow of the Tashkent State Law University, candidate of legal sciences, associate professor
35, Sayilgokh st. Tashkent, Uzbekistan, 100047
E-mail: nmirgolib@bk.ru

The article contains the analysis of the Constitution and laws of the Republic of Uzbekistan and the Russian Federation in the sphere of land ffes. The analysis is carried out on the basic provisions on land, environmental, tax and civil legislation. It defines the specific features of the system of payment for land in the studied countries. In article the essence of the principle of land fees uses as a basic principle of nature, the conditions of the item and requirements in the system of economic-legal mechanism. The essence of such purposes of the principle of fees, as replenishment, promotion of environmental management, improve the efficiency of environmental activities. The author studied the main forms of land fees in the legislation of the aforementioned countries and revealed a general economic and legal mechanisms of land fees in the legislation of the two countries. Also he determined the characteristics and the differences in the provisions of the Uzbek and Russian legislation on issues such as rent of land, the procedure for establishing tax rates for land, etc. As a result the author made a few proposals for improvement of the land legislation of the states under consideration. The most important features of the system of land tax in Uzbekistan were defined in present article such as species, the subjects of land tax, the single land tax, procedure of establishment, change and cancellation, the status of rents, assignments of benefits for a land tax, a specific system of differentiating land tax rates. There were also mentioned similar rules of the land, tax and civil legislation of the Republic of Uzbekistan and the Russian Federation in the sphere of land fees. It is concluded that the most democratic and liberal way of the formation of land value is the market price. It is proposed to fix the fee for any harm to the earth as a species of land rent.

Keywords: payment, tax, land, standard price, property, rent, land legislation, tax legislation.

DOI: 10.12737/article_593fc343cdd0b3.48268758

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IMPLEMENTATION OF INTERNATIONAL COMMITMENTS UNDERTAKEN MEMBER STATES WITHIN THE FRAMEWORK OF THE EURASIAN ECONOMIC UNION  Pdf 16

A. N. MOROZOV

leading research fellow of the Department of foreign constitutional, administrative, criminal law and international law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: ccla1@izak.ru

The article explores the issues related to the fulfillment of international obligations accepted by the member states within the framework of the Eurasian Economic Union, on the basis of an analysis of international legal and domestic legal acts. The purpose of the article is to develop scientifically grounded recommendations and proposals on improving the legal mechanisms for the fulfillment by Member States of international obligations arising from international legal acts operating within the framework of the Eurasian Economic Union. Tasks of the article: analysis of the provisions of the Treaty on the Eurasian Economic Union of May 29, 2014, concerning the application and implementation of decisions adopted by the bodies of the Eurasian Economic Union; an analysis of the regulatory legal acts of the member states of the Eurasian Economic Union affecting the implementation of international obligations arising from international treaties and decisions of international organizations; comparative legal analysis of the provisions of the constitutions of the member states of the Eurasian Economic Union on the place of international treaties in national legal systems; development of proposals on the improvement of legal mechanisms for the implementation of international obligations adopted within the framework of the Eurasian Economic Union. Among the methods used in the preparation of the article, it is necessary to distinguish the dialectical method, the philosophical method, the formal logical method, the system-structural method, the historical method, the formal legal method, the method of interpreting the law, the comparative legal method, the method of expert appraisal, the method Legal modeling and forecasting. In the article, based on the results of the study of international legal acts, legislative and by-laws of the member states of the Eurasian Economic Union, as well as scientific developments, proposals were made to improve the legislation of the Russian Federation in the field of fulfilling international obligations, the source of which are decisions of international organizations, including the Eurasian Economic Union.

Keywords: Eurasian Economic Union, international treaties, decisions, international obligations, implementation, the Eurasian Economic Commission, the bodies of the Eurasian Economic Union.

DOI: 10.12737/article_593fc343d18604.60607510

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THE TERRITORIAL APPLICATION OF INTERNATIONAL TREATIES  Pdf 16

S. B. BALKHAEVA

senior research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: mp4@izak.ru

The article is devoted to research on the territorial application of international treaties. This author examines a number of particularities arising in treaty practices of individual states. These particularities are due to the fact of possessing overseas territories. In this case, in the absence of the treaty provisions on its territorial effect the extension of treaty provisions for a certain territory of the state is carried out by means of a unilateral statement when the state is expressing its consent to be bound. Thus, they either extend the scope of application of the treaty in respect of a certain territory or exclude it from its scope. The various types of treaty provisions regulating the territorial scope of a treaty (territorial positions) are discussed in the article. Among them are the general provisions of a treaty relating to the territorial application. These provisions provide that any party of a treaty may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories in respect which are the subject of a treaty. Also in the treaty practice of states there are special treaty provisions relating to the territorial application. They contain a detailed list of territories in respect of which the relevant treaty is, or is not applicable. The author indicates the need to distinguish between territory that is the object of a relevant international treaty and the territory in respect of which the treaty is binding for the application, as the provisions of article 29 of the Vienna Convention only applies to the latest variant. Also the author notes the need to distinguish between the territorial application of an international treaty and separate protocols to it. They should be treated as separate documents as each of them can have a different territorial application, depending on the presence of territorial provisions and their wording.

Keywords: international law, international treaty, territorial application, territorial clauses, the Vienna Convention on the Law of Treaties.

DOI: 10.12737/article_593fc343d518e1.64716974

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THE PILOT JUDGMENT PROCEDURE OF THE EUROPEAN COURT OF HUMAN RIGHTS: LEGAL NATURE AND CONTENT  Pdf 16

T. D. OGANESYAN

postgraduate student at the Department of international law and political science of the Belgorod State National Research University, lecturer at the Department of international law of the North Caucasian Branch of the Russian State University of Justice
187/1, Levanevsky st., Krasnodar, Russia, 350002
E-mail: onassis33@mail.ru

This article is devoted to analysis of the legal nature and essence of the procedure of pilot judgments of the European Court of Human Rights. The article contains the reviews and ratings ECtHR judges and scholars regarding the procedure of the pilot r judgments. The author examines the terminology used in the framework of the pilot judgment procedure, taking into account the views of other researchers on the definition of a pilot judgment and other phenomena that are contained in the procedure for pilot judgments. Among the objectives of the pilot judgment procedure, the author focuses on ensuring effective execution of court decisions in the future by specifying by ECtHR for the states the defendants to an effective remedy for structural or systemic problems. In addition, the author considers such a category as “quasipilot” judgments in which the ECtHR expresses concerns about the systemic problem identified in the legal system of the respondent state, however, does not mandate or oblige to take measures of a general nature. The article also analyses the constituent elements of the procedure of pilot judgments, assesses the effectiveness of pilot judgment procedure, with reference to separate submitted to the pilot judgments of the European Court. It is noted that the elements of a pilot judgment are uncertain, since it formed and is enshrined in various regulations. In the final part of the article it is noted that there is a need and the need for further improvement and regulation of standards, regulations that would fully reveal the essence of the paradigm of the development procedure. The author notes that the development of the pilot judgment procedure can be possible for the study and in subsequent application developments for improving the procedure for pilot judgments.

Keywords: the pilot judgment procedure, pilot judgments, the European court of human rights, Convention for the protection of human rights and fundamental freedoms, systemic (structural) problems, the mechanism of protection of human rights.

DOI: 10.12737/article_593fc343d8a884.43909377

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FORMATION OF THE INTERNATIONAL CRIMINAL COURT’S JURISDICTION OVER THE CRIME OF AGGRESSION  Pdf 16

S. G. TIMOSHKOV

postgraduate student at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, lecturer at the Department of international law of the Law faculty of the Russian State University for the Humanities
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: stantim88@yandex.ru

This research article examines the activities of the international community for inclusion in the Rome Statute of the International Criminal Court a number of amendments, concerning the fixation of the definition of the crime of aggression and the establishment of the Court's jurisdiction over the international wrongful act. In a view of disputes between the states in the adoption of the Rome Statute concerning the definition of this international crime, set up a special working group whose objective was the development of a project for amendments in the Statute. After a long work at the international conference in the Ugandan capital - Kampala, the Member States of the Rome Statute were considered the amendments to be made to the Statute of the International Criminal Court for its greater efficiency. In considering these amendments were also taken into account the fact that not all states ratified the Rome Statute, respectively, for their adoption it was necessary to consider the national interests of these states. Despite the fact that the introduction of the amendments regarding the crime of aggression was deferred for a certain period, their adoption will strengthen the system of international justice. However, the article notes that it is important to consider the national interests of the states exercising the jurisdiction of the International Criminal Court over the crime of aggression. This aspect concerns the extradition of persons accused of committing serious international crimes, especially the crime of aggression. In a view of the fact that, in accordance with the constitutions of most States, including the Russian Federation, not allowing the extradition of its citizens to the international judicial authorities, as a result, there is a conflict between the provisions of the Rome Statute and national law of several states. Thus, to prevent the crime of aggression and the development of liability rules for it, it is necessary to maintain joint action between states and international judicial organs.

Keywords: crime of aggression, jurisdiction, Rome Statute of the International Criminal Court, UN Security Council, amendments, responsibility.

DOI: 10.12737/article_593fc343dc4296.42771330

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CONSTITUTIONAL REFORM IN THE REPUBLIC OF KAZAKHSTAN: TRENDS AND PROSPECTS  Pdf 16

T. Y. KHABRIEVA, L. V. ANDRICHENKO

T. Y. KHABRIEVA, vice-president of the Russian Academy of Sciences, director of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, member of the European Commission for Democracy through Law (Venice Commission of the Council of Europe), academician of the Russian Academy of Sciences, associate member of the Academy of Comparative Law, doctor of legal sciences, professor, honored lawyer of the Russian Federation, honored lawyer of the Republic of Tatarstan
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: office@izak.ru

L. V. ANDRICHENKO, head of the Center of public law research of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor, honored lawyer of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: federal@izak.ru

The article is devoted to the analysis of the main results of the constitutional reform implemented in the Republic of Kazakhstan in March 2017. The main stages of the constitutional reform, which testify to a clear organizational support for its conduct, are analyzed. The scale of the constitutional changes in the Republic, which affected the basic institutions of state and society development: the foundations of the constitutional system, the rights and freedoms of man and citizen, citizenship, the system of public authorities and local self-government, including the status of the President of the Republic. At the same time, constitutional reforms not only preserved, but also strengthened such elements of the inviolability of the state as independence, unitarity, territorial integrity and republican form of government. The result of the reform was the democratic modernization of the presidential republic by enhancing the role of Parliament, strengthening the independence of the Government, while at the same time expanding the mechanisms of its accountability and control over Parliament. A significant innovation was the refusal of the President of the Republic in favor of the Parliament from his legislative powers, which makes the Parliament of the Republic of Kazakhstan the only legislative and supreme representative body of the Republic. In addition, there are significant changes in the institution of citizenship, as well as the organization of local government. It is emphasized that the past constitutional changes are of the nature of evolutionary changes; they do not carry any radical measures, but continue the logic of previous constitutional reforms in the country. The constitutional reform carried out in the country is not limited to the constitutional text itself; today it is confirmed by significant changes in the legislation of the Republic of Kazakhstan, including a number of constitutional laws, will affect the level of subordinate regulation, and lead to the formation of new law enforcement practice in the country.

Keywords: Constitution of the Republic of Kazakhstan, constitutional reform, President of the Republic of Kazakhstan, Parliament of the Republic of Kazakhstan, Majilis, Senate, Constitutional Council of the Republic of Kazakhstan, Supreme Court of the Republic of Kazakhstan, constitutional law, law, international treaty, redistribution of powers, citizenship.

DOI: 10.12737/article_593fc343e09a66.75343728

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LEGAL ANALYSIS OF THE OPINION OF THE VENICE COMISSION ON THE DRAFT AMENDMENTS TO THE CONSTITUTION OF THE TURKISH REPUBLIC  Pdf 16

Ya. I. LEBEDEVA

specialist of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: venkom@izak.ru

The following article analyzes the Venice Commission Opinion on the Turkey’s constitutional reform that is deemed to be one of the most important political events of the recent times. On 16 April 2017 many Turkish citizens living in Turkey as well as numerous Turkish Diaspora took part in the referendum to determine the country’s development path for at least a decade ahead. The results of the referendum in a literal sense have split the Turkish society in two parts: 51% said “Yes” to the proposed amendments, while 49% voted against them. The Venice Commission of the Council of Europe could not overlook this crucial constitutional reform introduced in the state of emergency, since one of the Commission’s areas of focus is provision of world-class expert opinions on draft amendments to the Constitutions of the Member States of the Venice Commission. On its 110th Plenary session the Commission adopted Opinion on the amendments to the Constitution adopted by the Grand National Assembly on 21 January 2017 and to be submitted to a National Referendum on 16 April 2017 (CDL-AD (2017)005-e), that gives an independent expert assessment of the recent changes taking place in Turkey. The Venice Commission’s conclusions as the result of the deep legal analysis of the text of the amendments may appeal to a wide range of readers, including lawyers and those interested in significant political events, abundant in the modern politics.

Keywords: Turkey, the Council of Europe, constitution, constitutional reform, referendum, president, state of emergency, military coup, democracy, human rights, rule of law.

DOI: 10.12737/article_593fc343e44b56.34892143

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