The Modern Lawyer №1(10)

Content

ADMINISTRATIVE PROCESS

16

Natalia F. Popova

Doctor of law, Professor, Chief researcher NRI of the Ministry of Internal Affairs of the Russian Federation, Professor of the Chair «Administrative and Information Law» of the Financial University Under the Government of the Russian Federation Moscow (E-mail: nfpopova51@mail.ru)

To the question of the allocation of administrative procedure law in a separate branch of law

Abstract.

This article analyzes the views of scholars and leading scholars on the disclosure of the legal process in General and the administrative process in particular. Expanded understanding of the administrative process only as proceedings (jurisdictional activities) and shows the managerial approach to the concept and role of the administrative process. Describes the various views of scholars on the structure of the administrative process. Three points of view on the selection of administrative procedure law in an area of law, there is the author’s own judgment about this.

Keywords: legal process, the administrative process, the jurisdictional activity, “management” approach, the administrative procedural law, an area of law, scientific views, scientists-administrativisty.

16

THE HISTORY OF RUSSIAN STATE AND LAW

34

Stanislav V. Nikolyukin

Phd, Assistant Professor, Deputy Head of Department of History and Theory of State and Law Financial University under the Government of the Russian Federation (e-mail: stanislav-fa@yandex.ru)

Theoretical and historical features of the emergence and development of arbitration courts in Russia

Abstract.

The article considers the peculiarities of formation and development of arbitration as an alternative to the state court form of dispute resolution, as well as the development of legislation on arbitration courts in different historical periods from Ancient Rus to the present time.

Keywords: the court of arbitration; arbitration proceedings; the form of the arbitration court in Russia; the judicial reform of 1864; circular explanation 1924; Statute of the arbitration court; Provisional rules of consideration of economic disputes by the arbitration court; the arbitration Act; the Law on arbitration courts in the Russian Federation.

34

ADVOCACY AND NOTARIES

51

Sergei G. Pavlikov

chief. the Department Of Constitutional and municipal law” of the Financial University under the Government Of the Russian Federation, Prof. jorid. Sciences, Professor, Moscow (E-mail: 89152499929@mail.ru)

Natalia B. Fleischer

notary notarial district Of Magnitogorsk (E-mail: n.fleisher@mail.ru)

Lawyers, notaries and other potential elements of the system to ensure judicial activities

Abstract.

The theme of the article is associated with the Genesis system to ensure judicial activities, defined by the authors as a collection of organs, structures, institutions, which are based on a judicial act, provide for the protection of the rights and freedoms of citizens, interests of society and state. The objective is to justify the formation of such a system, due to the needs of compulsory execution of judicial acts, minimize the number of judicial errors.

Keywords. The state, law, court, government, judiciary, judiciary, court practice, system, legal profession, lawyer, notary, notary.

51

CONSTITUTIONAL LAW

66

Ilya S. Iksanov

candidate of legal Sciences Associate Professor of Department of Constitutional and municipal law” of the Financial University under the Government of the Russian Federation, Moscow (Е-mail: isiur@mail.ru)

The crimean question: сonstitutional-legal aspects

Abstract:

The article analyzes the constitutional and international legal aspects of the accession of the Republic of the Crimea and city of Sevastopol. Detailed reviewed the procedure for the transfer of the territories of the RSFSR in Costa of the USSR dedicated to the 300th anniversary of the reunification of Ukraine with Russia in 1954. The constitutional consequences of the collapse of the USSR in 1991 and the subsequent territorial disengagement between Russia and Ukraine are analyzed from the positions of constitutional and international law. Events 2014 on accession of the Republic of the Crimea and city of Sevastopol provides estimates on the norms of Russian law and international acts. The author draws conclusions about the illegality of the transfer of the Autonomous region of Crimea from the Russian Soviet Federative socialist Republic in 1954, about the absence of a legal framework for the transfer, Sevastopol flaw some in 1954 closed military Casio and legitimacy of the reunification of Republic the Crimea and city of Sevastopol to Russia in 2014 based on a true Institute of democracy (referendums).

Keywords: Republic of Crimea, city of Federal importance Sevastopol, the Russian Federation Constitution, the Constitution of the RSFSR, the USSR Constitution, the transfer of the territory of the Union state, the connection of the subject of Federation, the international Treaty

66

ADMINISTRATIVE LAW

80

Dmitri V. Karpukhin

PhD, associate professor Department of Administrative and information Law, Financial University Under the Government of Russian Federation, Moscow (e-mail: dimak7571@mail.ru)

Administrative and legal aspects of activities of federal executive bodies in the sphere of housing (comparative legal analysis of the functioning of the rf ministry of construction and ministry of construction and housing and communal services of the Russian Federation)

Abstract.

In an article in comparative format analyzed the activity of liquidated Rosstroy and the newly created Ministry of construction and housing and communal services of the Russian Federation. The article noted that Rosstroy, despite a wide range of granted powers, was deprived of normative competence. In practice, this has resulted in a number of legal acts issued by the Agency in the form of letters, in fact, has concentrated the regulations. Established in 2013, the Ministry of construction and housing has broad rule-making competence, including specific control functions related to the monitoring of housing and ensuring that it is preserved, that is certainly effective administration of socially important spheres of public relations will show further analysis of the experience of the functioning of this structure.

Keywords: normative competence, judicial competence, official interpretations of the law, Agency, Ministry, Federal Agency for construction and housing and communal services, the RF Ministry of construction, Ministry of construction and housing and communal services of the Russian Federation.

80

CRIMINAL PROCESS

93

Irina V. Golovinskaya

Doctor of Law, Federal Service punishment implementation, Russia, Vladimir (Email: irgolovinskaya@yandex.ru)

Public control in criminal legal proceedings

Abstract.

In article questions of expediency of expansion of powers of jurymen are considered; and also aspects of activity of jurymen in criminal trial of Russia.

Keywords: jurymen, jurymen, court, independence of judges, efficiency of criminal legal proceedings, judgements.

93

INTERNATIONAL LAW

108

Anatoly Y. Kapustin

the doctor of juridical Sciences, professor, chairman of department “International law”, financial university with the Government of the Russian Federation, Moscow (Email: anatoly.kapustin@gmail.com)
 

The right to a Eurasian economic union: approaches to conceptual understanding

Abstract.

The article discusses the main conceptual approaches to the concept of the Eurasian economic Union (EAEU) as interstate association, its international legal status as an “international organization of regional economic integration”. Conducted comparative analysis of the EAEU with the relevant concepts of Western European integration (supranationality and “community”), and hybrid international organization to which the author regards the European Union. Based on the analysis of the EAEU Treaty and its annexes articulates the author’s understanding of the contours of the legal system of this international organization.

Keywords: The Eurasian economic Union, the European community, the European Union, supranationality, the international organization of regional economic integration, the EAEU Law.

 

108

CIVIL LAW

109

Eugenio Llamas Pombo

Full professor of Civil Law University of Salamanca (Spain) (E-mail: ellamas@usal.es)

The present and future of civil law

Abstract.

The author has sketched out a brief analysis of the “body” of Civil Law, which has the capacity for adapting to the new era. The article begins with a historical overview that gives sufficient basis for the following comparative analysis of the modern situation. Reader’s attention is drawn to the great transformation of Civil Law during the 20th century that consisted in removing historical backlog and latching on to the major technological developments of the end of the millennium: property, credit, family and civil liability. Certain trends of Civil Law development are highlighted, among them its principles of solidarity, de-assimilation and de-codification, the favouring of the victim, socialisation and collective phenomena. Also, the article reflects upon the changes in Spanish Civil Law due to European integration. In the conclusion the author warns against the tendency of making laws only to change them alongside political change as it is essentially converting the scientific foundation of Law into mere technique.

Keywords: Civil Law, Civil Code, diversification of Spanish Civil Law, collective phenomena, centrifugal Civil Law.

109

YOUNG SCIENTIST TRIBUNE

133

Murad M. Shiriev

graduate legal Faculty Financial University Under the Government of Russian Federation, Moscow (E-mail: m_sheriev@mail.ru)

On the mechanism of the social functions of the state at the regional level

Abstract.

The article attempts to describe the concept and essence of the mechanism of the social functions of the state, particularly in the subjects of the Russian, to identify some of its basic elements.

Keywords: The Constitution, the Mechanism, the social function of the state, the subject of the Russian Federation, social rights and freedoms, rights, law, freedom, protection, security.

133