The Modern Lawyer №2(11)





Yury V. Stepanenko

Honoured lawyer of the Russian Federation, Professor of the «Department of Administrative and Information law» Financial University under the Government of the Russian Federation, Chief researcher, Institute of MIA of Russia, Doctor of legal Sciences, Professor Moscow (E-mail:


The draft Code of the Russian Federation on administrative offences (General): first impressions


Analyzes the issues related to the legal reaction of the public to have submitted to the State Duma a draft Code of the Russian Federation on administrative offences, as well as the methodology and the organization of legislative for the implementation of specific legislative initiatives. Conclusions on the need to create and simultaneous work on the bill is three interagency working groups, and discussion on the Internet.

Keywords: draft code of the Russian Federation on administrative offences, the draft of the General part of the code of administrative offences, administrative responsibility, administrative and tort legislation.



Dmitry A. Pashencev

Doctor of legal sciences, Professor of the theory and history of State and law Of the Moscow city Pedagogical University, Professor Department of Civil law the Finance University under The Government of the Russian Federation, Moscow (E-mail:

To the question of administrative nature of state control in the financial sector


The article analyzes the legal nature of the state financial control from the standpoint of administrative law. Emphasizes that financial management is an integral part of public administration. It is noted that the structure of government of the state in the financial sector is derived from the structure of the financial sector. State financial control is considered as a kind of management, in which the rules of administrative law take precedence over the provisions of financial law. It is concluded that the administrative and legal nature of state control in the financial sector.

Keywords: state control, financial control, administrative law, public administration, finance, public authorities, the budget, the right


Natalya F. Popova

Doctor of law, Professor, Professor of Faculty Of the administrative and Financial information Law of the University under the Government of the Russian Federation, Chief Scientist at the research institute of the Ministry of Internal Affairs of Russia “FGKU”, E-mail:

Administrative-legal regulation of banking


The article describes the banking system as one of the most important institutions of the financial system of the RUSSIAN FEDERATION, which has a major impact on the course of economic processes in the State. Expands its characteristic, the essence of the legal regulations in this area, changes in legal regulations. Notes that regulatory objectives are issues of legal protection and guarantees of the rights of clients because their activities are carried out at the expense of attracted funds. Shows the administrative and legal status of the Central Bank of the RUSSIAN FEDERATION as a mega-banking relationship. The mechanism of administrative-legal regulation of the banking relationship. It is concluded that administrative law regulate the following types of administrative legal relations in the sphere of banking: legal relations connected with realization of the powers of the organs of Executive Authority participating in the Organization of banking (the Government of the Russian Federation, Ministry of finance, the FEDERAL TAX SERVICE, federal financial monitoring service, etc.); legal relations connected with the interaction of the CENTRAL BANK of the RUSSIAN FEDERATION with executive authorities; relationship to ensuring the financial sustainability of the banks; the relationship of the administrative supervision of banks for their compliance with the provisions of the existing legislation and other administrative procedures (registration, accounting, etc.); law on the implementation of administrative liability for violations of banking legislation; internal relations in the system of the CENTRAL BANK of the RUSSIAN FEDERATION, etc.

Keywords: banking system, administrative-legal regulation, banking relations, administrative law, administrative and legal status of the Central Bank of the Russian Federation.




Svetlava A. Ivanova

doctor of law, professor, The deputy of the first pro-rector from the training and Systematic work, chairman of department “Civil law” financial University under the Government of the Russian Federation Moscow (E-mail:

On legal issues of debt repayment through repossession on an apartment house (apartment) built or purchased by the mortgage loan


The author proposes changes and amendments to the Civil Code of the Russian Federation and the Federal Law “On Mortgage” in order to simplify the legal procedure of repayment of debt through repossession of the citizen-debtor of the mortgage agreement or target loan he owns a house (apartment) built or purchased at the expense of mortgage

Keywords: improvement of legislation; pledge; mortgages; procedures for repayment; foreclosure; house (apartment) built or purchased at the expense of mortgage.




Nadezhda N. Popova

PhD, Lawyer of the non-commercial partnership «V Moscow bar Association of Moscow», Moscow (E-mail:

To the issue of the legal treatment


The article notes that at a certain stage of development of the information society are becoming an important element of public life, hence the need to provide for specific legal measures to ensure appropriate legal relations in the field of information. The end of the last century in Russia was marked by the rapid development of information legislation, which defines the legal regime of information. A new stage in the development of treatment information began with the adoption of the Federal law «Оn information, information technology and protection of information» 2006. The legal regime of the information sets: types of information; ownership of the individual databases and information systems; procedure for documenting information; the provision, dissemination and protection of information, use of information and telecommunication networks. Further development of legal regulation regimes for the treatment of various types of information received by federal laws – 2014, «About the State information system, housing» and «On the public information system of the fuel and energy complex» 2011. The article analyses the various judgments on the definition of the legal regime of information resources, either directly as an object of information relations, which efficiently and effectively in such a tool as the legal regime.

Keywords: information, data protection, the right of citizens of the Russian Federation on information, legal regime, access to information, the purpose of the treatment; the object of legal regulation; complex ways of legal regulation and the legal effects of




Oksana N. Petyukova

Doctor of jurisprudence, professor оf Department the Civil and Arbitration process of Finance University under the Government Of the Russian Federation (E-mail:

Features of the modern international economic law and world trade organization rules in the legal doctrine


The article provides an overview of different opinions in the legal literature on the relationship between international economic law and the World Trade Organization rules, their place in the system of international law, taking into account the processes of globalization and regionalization at the present stage. It is noted that the accession of the Russian Federation to the WTO makes it necessary to review the doctrinal approaches to the study of the impact of WTO law and international economic law on the Russian legal system.

Keywords: legal doctrine, the World Trade Organization rules, international economic law, the law




Francisco Javier Pérez-Serrabona González

Profesor de Derecho Mercantil, Departamento de Derecho Mercantil, Facultad de Derecho de la Universidad de Granada, Spain, Granada (Email: jpsgonzalez@ugr)

Reflections about the liability of the new individual Spanish entrepreneur: another way to invest in Spain


The Spanish economy is recovering and at the same time consolidating an economic growth due to the structural reforms carried out in the last years. A recent legislative reform based on the possibility for a natural person –individual entrepreneur or foreign investor– in spite of their possible economical entrepreneurial failure, to have the option to put their life back again in the road and even to risk to new initiatives, without having to indefinitely bear a debt that will never be able to pay back, is nowadays a reality. With the current study, we intend to contract this new figure of the Individual Entrepreneur of Limited Liability –consequence of the recent Law on Support of the Entrepreneurship and its Internationalization- and specially its controversial regime of liability, which excludes specific elements of the personal assets of the entrepreneur, as long as the requisites and other legally foreseen conditions are fulfilled. This will be the object of reflection, analysis and critic in the current article. Thus, a new legal form of business is born, where the legislator intends to foster and promote the entrepreneurial activity, creating this singular institution that partially prevents a natural person entrepreneur -or investor- to have to respond for the results of their activity with all their assets (Universal Asset Liability, as was the general rule so far).

Keywords. – Entrepreneur, limited liability, business activity.


Giovanni Berti De Marinis

The Lawyer, Italy (tel: 328 3887795, E-mail:

Consumer protection, economic relations and European harmonization in the Italian perspective: the new regulation of door to door contracts and distance contracts


The paper analyzes the Italian regulation of distance contracts and door to door contracts placing it in the framework of the evolution of the European legislative policy concerning the protection of the consumer. The work also analyzes possible solutions in order to reach a European consumer law.

Keywords: a European level; consumer protection, distance contracts.




Alexander V. Kosov

advocate, Associate Professor of criminal-law disciplines Of the Moscow new juridical Institute, Candidate of legal sciences, Assistant Professor. Moscow (E-mail:

Repentance as the basis of exemption from criminal liability in criminal law and traffic law


The criminal law of all developed countries includes measures to implement the principle of economy of repression against relatively less dangerous criminals and relatively less serious crimes. The specific content of these measures differently. But they are an important part of a release from criminal liability for the basis of law. The article discusses the features of exemption from criminal liability in connection with the active repentance.

Keywords: criminal responsibility; the principle of legality; punishable; active repentance; operatively-search activity; exemption from criminal liability.




Aleksey V. Sereda

The 4th year student of the Faculty of Law of Finance University under the Government, Москва (E-mail:

Features of the social policy of Germany in the field of protection of children's rights


The author considers the main directions of the social policy of the Federal Republic of Germany in the field of protection of children’s rights, analyzes the law “On Protection of Youth”, “Youth on labor protection”, “On Children and Youth” and other normative legal acts.

Keywords: family, social protection, social policy, youth


Denis А. Chepurnykh

graduate student of “Administrative and Information Law”of the Financial University at the Government of the Russian Federation (E-mail:

Civil problems of production on cases of administrative offences


In article actual problems of production on cases of the administrative offenses arising at its stages and possible ways of their decision are considered. The author uses statistics of judicial and executive productions, methods of practical research by modeling of separate situational cases and empirical thinking, forms logical conclusions of analytical data. Results of the conducted research can be applied in practical activities of government bodies, and also entail establishment of a clear boundary and measures of responsibility of the modern administrative legislation.

Keywords: affairs production about administrative offenses, a stage of production on cases of administrative offenses, application of statistics of judicial and executive bodies, administrative responsibility.


Vadim R. Gabasov

Assistant Professor of public law, Institute of law of the Bashkir state University, the lawyer Bar Association “Artless”, (Email:

On the activities of the judicial panel on economic disputes of the supreme court of the Russian Federation


The article attempts to highlight some of the first results of the functioning of the Judicial panel on economic disputes of the Supreme Court of the Russian Federation, within which is formed and appears to be well functioning Judicial composition on corporate disputes and Judicial structure on property disputes.

Keywords: The Constitution, the Supreme Court, the Judicial panel on economic disputes, the Board, the composition of the court, the dispute, the practice case.