The Modern Lawyer №3(12)




Yuriy V. Stepanenko

doctor of juridical sciences, Professor of the department «State-legal disciplines» The Finance University under the Government of the Russian Federation, honoured lawyer of the Russian Federation (Email:

Interpretation risks legal providing of transport security


In the article with critical analyses the term “transport security” introduced in normative legal turnover by federal law No. 16-FZ, February 9, 2007 “on transport security. Modeled risks its misinterpretation in the rule-making process and practice. On the basis of an analysis of the relevant normative legal acts and literary sources are developed and proposed concrete measures to overcome legal uncertainties in terminology related to transport security.

Keywords: security, transport security, anti-terrorism security, legal risks, interpretation risks.




Vasiliy V. Gushchin

doctor of law, Professor, Department of civil and arbitral process the Finance University under the Government of the Russian Federation, Moscow (E-mail:

The concept and classification of legal persons


in this article the author considers the essence of the legal nature of the legal entity, as civil construction. Analysis of the three theories about the nature of the legal entity allowed the author to consider the legal person both instrumental and institutional education, indicating functional dynamic side of civil turnover. Also in this article, the author of the legal definition of a legal person, which gives the legislature, selects the characteristic signs of a legal entity. The article also provided regulatory classification of legal persons is attached using different criteria. So the legislator highlights corporate and unitary, public and non-public legal persons. At the same time, the traditional classification of the legislator of legal persons on commercial and not commercial has evolved. Changed list of commercial organizations, and a list of non-profit organizations became closed.

Keywords: legal persons, civil construction, civil law, classification of legal persons.


Victor A. Baranov

Ph.D. in Law, associate Professor, head of the department Of “Civil and arbitral process” of Financial university Under the Government of the Russian Federation Moscow (E-mail:

Alena N. Prizhennikova

Ph.D. in Law, Associate Professor, the associate professor of the department Of “Civil and arbitral process” Of Financial university under the Government of The Russian Federation Moscow (E-mail:

Private and public interests in landed legal relations


The article is dedicated to the mechanism of legal protection the right of bone fide vendees referred to specially protected areas with a breach of prescribed procedure. Judicial practice regarding the problems of legality of limitation of rights of land plot owners in connection with changes in their usage. Attention is also paid to the limited list of the grounds for limitation of rights of citizens and conditions of such limitations associated with protection measures regarding the rights violated with such transfer of rights on the basis of provisions of the Constitution of the Russian Federation and law enforcement practice of the European Court of Human Rights.

Keywords: legal regulation mechanism, territories of historical-cultural importance, specially protected areas, private interests of land users and landlords, public interests, ground categories, recategorisation of land, cadastral registration, zoning standards and rules, residential areas.




Stanislav V. Nikolyukin

candidate of juridical sciences, Deputy Head of Department of History and Theory of State and Law Financial university at the Government of the Russian Federation (E-mail:

The specificity of housing relations in contemporary Russian society


Housing legislation, presenting a complex polysystem, which includes norms of various branches of law, private law and public law regulates housing and relationships that acquiring legal form become housing legal relations. Thus, housing legal relations is a public relations regulated by the norms of housing law and research issues of housing relations are of particular interest.

Keywords: Relationship; housing legal relationship; signs of relationship; the nature of housing relations; housing legislation.




Michael N. Moskalenko

Notary, PhD the faculty of law Sciences, Russia, Volokolamsk City, (E-mail:

The nature and specificity of the constitutional conflict at the present stage of development of the Russian state


The constitutional conflict, which is the kind of social conflict described in the article as really existing (conflict between different parts of the “people” in its constitutional – legal sense), or more often artificially generated and presented to the society (in the interests of a group of persons, parties, blocks, etc.) of the contradictions that in the first case can be resolved through the use of institutions envisaged in the Constitution of the Russian Federation (the referendum and free elections) and the second would require the application of standards that recognize the appropriate type of legal liability.

Keywords: The Constitution, law, government, conflict, revolution, power, conflict.




Vladimir M. Shumilov

Doctor of juridical sciences, professor, chairman of international law department of All-Russia academy For foreign trade of the Ministry for economic development Of Russian Federation, Moscow (E-mail:

The conception of global law and global normative system


The article contains the original author’s conception of Global Law and Global Normative System which takes into account in complex the whole line of juridical phenomina under conditions of Globalization. The Global Law appears as indissoluble unity of international law and national law systems in which aroused law blocs named supranational law and transnational law – all of them it’s Global Law System. It includes also the mechanisms of law regulations, law-consciousness on every level, functioning law regimes and so on. Global Law System is hierarchical, structurally organized in definite mode, although it is under initial stage of forming. The States of west civilization type govern deliberately by the evolution of Global Law System in its interests exclusively, intending the supremacy of west (Anglo-Saxon) civilization in globalized World Order of XXI siècle. Global Law System is part of more vast Global Normative System.

Keywords: law and globalization, Global Law, Global Law System, Global Normative System, international law, internal (internal) law, law families, supranational law, transnational law, soft law, states of west civilization type and Russia.


Sergey G. Pavlikov

Doctor of juridical sciences, professor, Chairman of department “constitutional and Municipal right”, financial university with The government of the Russian Federation Moscow, (E-mail:

Constitutional law in Russia: framework for the implementation of international financial law in modern geo-economic conditions


Transformation trends characterized the Russian constitutional law, including in the context of its relationship with contemporary international law, which is increasingly used to dominating the political scene. It is proved that attempts to “economic isolation” of Russia, predetermined adequate retaliatory measures, including through the establishment of “regional” international financial law that confirm the results of the Summit of the BRICS-SCO in July, 2015.

Keywords: Law, international law, constitutional law, the Constitution, the economy, the sanctions, the State sovereignty.


Sergey G. Pavlikov

the doctor of juridical sciences, Professor, chairman of department “Constitutional and Municipal right”, Financial University with the Government of the Russian Federation, Moscow (E-mail:

Svetlana N. Shevchenko

notary of Moscow, (E-mail:, tel. 84959595188)

On the formation of international financial centres and unions to facilitate their activities (for example, notaries)


An attempt was made to justify the judgment that formed with the active participation of the Russian Federation financial centres (associations of States, regional economic integration, with international legal personality, forming a single economic and right space and creating conditions to ensure a “bipolar world”) and require the creation of structures that promote “unification and harmonization” of their right fields, including, in the future new notary unions.

Keywords: Law, government, notaries, notary, trend, economy, financial center, Union.




Olga B. Zaitseva

Doctor of Law, Associate Professor, Head of Department “Labour law and social security”, Orenburg Institute (Branch) of Moscow State Law University named after O.E. Kutafin (MSAL) (Email:

Show Content


Review prepared on the collective monograph written by the results of research carried out at the expense of budgetary funds of the state task financial University, 2014. The review noted that the monograph is based on the analysis of legal acts of the federal and regional level, law enforcement and scientific literature, as well as legal expertise in Germany, England, the Republic of Belarus. In the book under review makes proposals aimed at creating an effective model of legal regulation of social security for families with children. Highlighted the urgent measures that do not require significant expenses from the state budget and require additional expenditures, as well as offer recommendations.

Keywords: social security, family, legal regulation, social security, legal experience, the federal legislation, regional legislation.