The Modern Lawyer №4(13)




Aleksandr A. Makorin

Head FGKU “VNII MVD Rossii” PhD, Assistant Professor, Police Major General Moscow (Email:

Yuriy V. Stepanenko

doctor of juridical sciences, Professor, of Administrative and information Entitled Department of the Finance University under the Government of the Russian Federation, Honoured lawyer of the Russian Federation, Moscow (Email:

For the anniversary of flagship science in the system of the ministry of internal affairs of Russia


The article is devoted to 70-th anniversary of the all-Russian Scientific Research Institute of the Ministry of Internal Affairs of the Russian Federation. The study of historical stages of its formation and development; archival materials scientists, works that glorified the Institute in the area of investigations, criminal procedure, administrative and other activities of internal affairs bodies. The authors noted the role of leading legal scholars, experts in the field of counteraction of corruption, the relevance of their research, in particular on the issues of the impact of corruption on various spheres of public life, the improvement of counteraction to this phenomenon; appreciated the results of the research activities of the Institute, and identified new tasks aimed at ensuring the execution of instructions, orders, instructions and planned activities of the Russian Interior Ministry.

Keywords: Institute of the Russian Ministry of Internal Affairs, MINISTRY OF INTERNAL AFFAIRS of USSR, leading scientists, scientific portal of the Russian Interior Ministry, the Institute’s anniversary




Alexey P. Albov

Doctor of Law, PhD, Professor, Head of Department “History and Theory of State and Law” Financial University under the Government of the Russian Federation, Moscow (E-mail:

Legal culture of Russia in the context of globalization and «WESTERNIZATION»


The idea of human progress, based on the growth of industrial production in the XX century was subjected to repeated tests. The paper shows that in the beginning of the XXI century there was a revision of the criterion of human development. In contrast to the fashionable concept of “clash of civilizations” (which are grounded) mankind should and must defend the idea of preservation of universal humane perspective – the formation of a new global consensus on the dialogue of civilizations. The criterion for the success of the current social and legal transformation becomes the extent to which society provides the conditions for maximum self-realization of personal potential of its citizens, and not the accuracy of the copy Western or the American model, even prevailing in more developed countries. Traced a single chain of processes, linking economic and legal globalization with radical changes of human existence in the information society. The paper shows that, together with the social nature of globalization is characterized by increasing social inequality between social strata, the reorientation of all human activities aimed at survival in the environmental disaster, the global expansion of information and cultural space.

Keywords: theory of law, globalization, legal culture, legal, law, freedom, legal values.


Olga V. Popova

PhD, Associate Professor, Associate Professor, Deputy Head of Department “Theory and history of State and rights” on scientific work Financial University under the Government of the Russian Federation, Moscow (Email:

Enforcement of judgments under customary law bore


The article presents some aspects of the execution of court decisions on customary law is drilled. Development activities of bailiffs Buryatia conventionally divided into three periods: the pre-Soviet, Soviet and post-Soviet periods. In post-Soviet history of political development of the Russian Federation led to the final consolidation of the bailiff service of Buryatia in the Russian government

Keywords: Enforcement of judgments, the customary law of the Buryats, mononorma, the usual norm, rule of law, the bailiff, the bailiff function, the writ of execution, the right to judicial protection and enforcement.




Elena D. Mitya

Аssociate Professor Of theoretical and public-legal disciplines of Institute Of Economics and law (branch) of Educational institution Of higher Professional education Academy of labour and social Relations in Sevastopol (Email:;)

Zoryana V. Kameneva

the Chairman Of the Civil Law Chair, The assistant Professor, PhD in Law of the All-Russian State University of Justice Moscow (Email:

The development of ways of protection of the rights of consumers of financial services in modern conditions


this article discusses the features of the methods used in modern conditions to ensure appropriate protection, or to suppress or prevent the fraud perpetrated by financial and credit institutions in respect of consumers of financial services. The study was conducted on the basis of comparative legal analysis of provisions of international and supranational legislation as well as legislation of foreign countries and the Russian Federation on the implementation of protection of rights of consumers of financial services. In the result of the study, conclusions were formulated aimed at improving legislation and law enforcement practice in the sphere of legal regulation of protection of rights of consumers of financial services.

Keywords: financial services, consumer financial services, ways of protection of rights, state supervision of the financial markets, self-defense, class actions


Alexey A. Terenichenko

Candidate of Historical Sciences, Associate Professor of “Theory and History State and Law » Finance University under the Government Russian Federation, Moscow (E-mail:

Prospects for legislative consolidation of ownership in civil law of Russian Federation


The problem of ownership as a separate category, as well as possessory protection in civil legislation of the Russian Federation. The conclusion is that the science of civil law at the moment there is no uniform concept possessory protection, and there it different, radically different from the other models. In this current stage of legislative reform related to the prospect of the resumption of the Institute of ownership of a separate category of property determines the relevance of the theoretical study of the issue.

Keywords: civil law; proprietary rights; ownership; material goods; legal title; property right; legislation; doctrine; title; bestitulnoe possession; methods of ownership.




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 privatization of dwellings: theory and practice


The article discusses the features of such an important institution, is to move the premises of state property into private as privatization. It is noted that the legal consequence of privatization is the appearance of corporeal and liability laws in the premises. Research arising from this relationship reveals the peculiarities of realization of subjective civil rights to premises in the manner of privatization.

Keywords: Housing relations; property right; privatization; housing; participants of privatization; veins room; privatization object; office premises; Communal apartment; closed military town.




Sergey G. Pawlikov

doctor of juridical sciences, Professor, Head of the Chair “Constitutional and International law”, Finance University under the Government of the Russian Federation, Moscow (Email:;

Svetlana N. Shevchenko

the notary of Moscow, tel. 84959595188; Email:

Modern constitutionalism in the context of the problems of «conflict» national and international values and interests


An attempt was made to justify the judgment that one of the tendencies of development of modern Russian constitutionalism is related to resistance imposed by the US and some European countries «quasisoliton» international and Russian law, the punishment of attempts «legal distortions», for example, the law of the European Court of human rights, national values and interests (family, marriage, public service, etc.). It is proved that the stability of the Constitution of the Russian Federation consists of including in the provision of basic constitutional values and national interests.

Keywords. Constitutionalism, Constitution, law, right, interest, values, state, society, court.




Lyudmila M. Kupriyanova

PhD in economic sciences, associate professor, Deputy Head of the Chair of “Economics of intellectual property”, Associate professor of Department of the “Economic analysis” The Finance University under the Government of the Russian Federation, Moscow (Е-mail:

System of formation of effective contract of foreign countries


In foreign practice as legal contracts or other agreements, determine conditions for academic employment. In the system of labour relations effective contract is presented as a form of agreement and balance vector purposes of the University and the particular scientist. Study on trends of the transition of the faculty to appointments of limited duration and an increase in educational activities with incomplete loading in European countries; academic salary and incentive systems. Loyal and adequate remuneration of university professors is focused on attracting the most talented teachers to ensure a high level of teaching and research in order to improve the competitiveness of countries. The analysis of University practices aimed at creating conditions for potential teachers and employees using the enabling factors. This system of remuneration of scientists and university professors operates in many countries, particularly in the United States, Germany, Britain, France and China. Conclusion on factors for achievement of high results of educational innovation and pedagogic activity of foreign universities in the system of effective contract based on motivation and stimulation of professors of universities-results of research, publishing activity of the faculty, the integration of science and production, commercialization of high technologies, etc.

Keywords: effective contract, academic work, academic, science, production contract, salary, reward, a lifelong contract, bonus system, European system of promotion, research universities, visiting Professor, educational features, innovative potential, educational functions, scientific potential, publishing activity, American model, Japanese model, University of Munich, differentiated contracts, evaluation criteria.




Tatiana B. Gvozdeva

candidate of historical sciences, Associate professor Departments are «Theory and history Of the state and right» Financial University under the Government, Moscow (E-mail:

Inna A. Gvozdeva

candidate of historical sciences, Associate professor Departments of history of the ancient world Of historical faculty of Moscow state University (E-mail:

STRIGATIO-SCAMNATIO – stage of development of the roman landed law


Roman land law differs from analogous legal systems of other archaic societies, because the Roman state succeeded in binding agrimensura (land surveying) with jural understanding of different legal conditions of lands. Roman land surveying was developed in the archaic period slow, it depended on relief. Some categories of agrimensura were legally designed already in the archaic period. More systematically designed land surveying used a rectangle as a land measure. Such a surveying was called strigatio-scamnatio and became a stage of the developing of the legal norms of private property und possession in the Roman land law.

Keywords: rigor, strigatio-scamnatio, centiriatio, cadastres, privatus finis, Ager Publicus.