Abstract.

The article gives the concept of economic activities which has been captured in the legislative regulations and other sources. The basic directions of legal regulation of economic relations at the present stage of the economic development has been summarized. The feature of economic activity, which main goal is to suit both public and private interests at the same time, has been also identified. This feature of the economy implies the legality of her both public and private regulation. Civil law is the foundation of private legal regulation governing economic (entrepreneurial) activity, while administrative law is the basis of the public legal regulation of this sphere. The basic directions of the administrative legal regulation in the sphere of economy have been determined. The author qualifies to them the establishment of the order of implementation of the following management of state property; the functioning of the branches of the economy (fuel-power complex, industrial complex, agricultural complex, transport, communications, etc.); public registration of legal entities and individual entrepreneurs; public registration of rights to real estate and transactions therewith; licensure of several types of economic activities; public supervision and control in the sphere of economics and investments. The legal provisions of the administrative law establish the functions and powers of the federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation in the sphere of economy, i.e. govern both the public administration in the field of economics and administrative responsibility for offences in the sphere of economy. The author proposes to pass a special federal law, which provides the basic principles and mechanisms of administrative legal regulation of the economy and the limits of public intervention in economic activities. The main goal of the administrative-legal regulation of the economy have been also determined in the present paper as well as the special attention to the need for taking into account the instructions of the President of the Russian Federation, denoted in the annual letters to the Federal Assembly, on the economic policy orientation for the following year has been drawn.

JEL: K 23

Keywords: economic activity, economic relations, private interest, public interest, administrative legal regulation.

References:

1. Borisov 2014 – Borisov E.F. Economic fundamentals: a tutorial and workshop for SBO [Osnovy ekonomiki: uchebnik i praktikum dlya SPO] / / E.f. Borisov. – 6 Ed., revised. and extras [E.F. Borisov. – 6-e izd., pererab. i dop]. -М.: Publishing Harvard Business Press. [M.: Izdatel’stvo Yurayt.]. 2014. 399p. [in Russian].
2. Belykh 2009 – Belykh V.S. On the concept of the draft law on the management of property [O kontseptsii proekta zakona «Ob upravlenii sobstvennost’yu»] // Business, management and law [Biznes, menedzhment i pravo]. 2009. N 1. P. 4-8 [in Russian].
3. Belykh 2015 – Belykh V.S. Economics and law: the basic models of relationships between [Ekonomika i pravo: osnovnye modeli sootnosheniya] Yurist, 2015, N 20. P. 23 [in Russian].
4. Gabov: 2015 – Right and economic activity: modern challenges: monograph [Pravo i ekonomicheskaya deyatel’nost’: sovremennye vy-zovy: monografiya] / Yelena Azarova, A.a. Aûrova, M.k. Belobabčenko, etc.; OTV. Ed. A.v. Gabov [E.G. Azarova, A.A. Ayurova, M.K. Belobabchenko i dr.; otv. red. A.V. Gabov]. M.: IZiSP, Statute, 2015. 400 p. [in Russian].
5. Message from the President of the Russian Federation Vladimir Putin to the Federal Assembly on December 3, 2015 [Putin V.V. Poslanie Prezidenta RF Federal’nomu Sobraniyu ot 03 dekabrya 2015 g] // Rossiyskaya Gazeta. No. 275. December 4, 2015  [Rossiyskaya gazeta. N 275. 4 dekabrya 2015 ] [in Russian].
6. Saidov 2015 – Saidov Z.A. Principles of administrative-legal regulation of the economy and business [Printsipy administrativno-pravovogo re-gulirovaniya ekonomiki i predprinimatel’stva] // Modern law [Sovremennoe pravo] 2015. № 9. P. 49-51 [in Russian].
7. Gryaznova 2002 – Financial-credit encyclopedic dictionary [Finansovo-kreditnyy entsiklopedicheskiy slovar’] / A.G. Gryaznova [pod red. A.G. Gryaznovoy]. М: the finance and statistics [M: Finansy i statistika], 2002. P. 278 [in Russian].
8. Yakovlev, Y Talapina 2012 – Yakovlev V.F., Talapina E.V. Tthe role of public and private law in the regulation of the economy [Rol’ publichno-go i chastnogo prava v regulirovanii ekonomiki] // Journal of Russian law [Zhurnal rossiyskogo prava]. 2012. N 2. P. 13 [in Russian].

Abstract

The regulators of the public relations (both the morality and the law) among with the historical and modern aspects of their formation have a big value for the life of modern society. The author of the present paper notes that social regulatory system includes not only the morality and the law but the other kinds of norms such as traditions, religion and corporate norms. In such a case this system is still being developed by the society which seeks for self-regulation and arranging its’ activity. The general and various properties of the morality and the law are presented in the following paper. The author suggests her own individual conclusions and assertions based on the conducted research of the correlation of the state, the law and the morality and their interdependence, paying a special attention to the activity of society and its’ certain social groups. The author of the research considers that the modern person should have his own moral way leaned on the historical experience which will help to society to coexist peacefully.

Keywords: morality, law, society, social rules, person, social, delinquency, illegality.

Refereces:

1. Albov, Nikolukin (2014) – Albov A.P., Nikolukin S.V. Law for economists and managers [Pravo dlja jekonomistov i menedzherov]. Moscow: Urait [Jurajt], 2014.
2. Fatkhutdinova (2014) – Fatkhutdinova A.M. Formation of positive image of the regional Executive authority [Formirovanie pozitivnogo imidzha regional’nogo organa ispolnitel’noj vlasti]// Proceedings of the Russian Academy of advocacy and notaries [Uchenye trudy Rossijskoj akademii advokatury i notariata].2014, N1(32), p.58-61.
3. Fatkhutdinova (2015) – Fatkhutdinova A.M. The problem of the relation of the state, law and morality in legal science [Problemy sootnoshenija gosudarstva i nravstvennosti]// Proceedings of the Russian Academy of advocacy and notaries [Uchenye trudy Rossijskoj akademii advokatury i notariata].2015, N2(37), p.58-61.
4. Shagieva (2014) – Shagieva R.V. Ratio of the state and right//actual problems of the theory of the state and right: manual [Aktual’nye problemy teorii gosudarstva i prava: uchebnoe posobie]/ edition of R. V. Shagiyev. Moscow: Norma: Infra-M [Norma: Infra-M], 2014.
5. Rassolov, Nikitin (2012) – Rassolov, M.M., Nikitin, P.V., History of state and law: textbook [Istorija otechestvennogo gosudarstva i prava: uchebnik dlja bakalavrov]. Moscow: Urait [Jurajt], 2012.

Abstract.

The subject of this research are the basic approaches to understanding of legal culture and the particularities of the legal culture of Russians as well as the factors affecting its’ condition and the measures encouraging increase of legal culture level of one of the largest socio-demographic groups in society – the young generation. The main goal of this article is to propose concrete measures to improve the level of legal culture of modern youth in Russia. The authors have employed such research methods as dialectical, logical, systemic-structural, hermeneutical and formal legal methods. As the result, a complex of general and specific measures that will contribute to increase the legal culture level of Russian youth has been proposed by the researchers based on current Russian legislation and law enforcement practice. It is concluded that only the systemic usage of these measures provides the possibility to overcome legal nihilism, to form a legal mentality and increasing the level of legal culture of youth.

Keywords: legal culture, legal awareness, legal mindset, deformation of legal consciousness, legal nihilism, legal values, legal literacy

Abstract

The article dedicated to the tercentenary of the Congress of Vienna 1814 – 1815 deals with the historical and legal positions of the Russian delegation’s participation role both in the formation of several institutions of international law and the establishment of a new system of international relations in the beginning of the 19th century and in the formation of such important international law institutions as institution of intergovernmental organizations, institute of permanent neutrality, institute of an international treaty for the rights of foreign relations and the institution of the alternat. The conclusion on the key importance of Russia in the formation and consolidation of liberal values in the fundamental laws of some European countries in the early XIX century including the Constitution of the Kingdom of Poland of 1815 and the Constitution of France of 1814 (The Royal Charter of 1814) has been made.

Keywords: History of State and Law, Institute of International Law, an international treaty, permanent neutrality, the principle of legitimacy, liberalism.

Abstract.

The subject of scientific analysis in this article is the basis of the “economic Constitution” – the Russian Constitution of 1993, which is a unique document allowing to determine the specific type of national economy, definitions of which may vary (“regulated capitalism”, “an intermediate model”, “socially focused economy”, etc.). The mail goal of the article is to take a foray to understand the role of constitutional mechanisms of regulation (“economic Constitution”) in the development of the modern state. The author has employed such general-theoretical and special scientific methods of cognition as analysis and synthesis, logical, dialectic, systemic-structural, comparative legal, sociological and statistical methods. Based on the research findings, the conclusion on the establishment by the Russian “economic Constitution” both the general requirements for the Russian economic model (economy should contribute to the realization of constitutional principles of democracy (the basic principle), legal, democratic and social state) and the specific requirements (the unity of economic space, free movement of goods, services and financial resources, support of competition, freedom of economic activity, the equal recognition and protection of any (private, state, municipal and other) forms of property) has been made. It is proved that the fundamental necessity and the limits of state intervention in economic processes can not be captured in the Constitution of the state, because in such case the fundamental law will have to be changed depending on the socioeconomic situation, which may require whether minimal government intervention (“government is the night watchman”) or more militant actions by the state authorities.

Keywords: The Constitution, the market, economy, society, state, law, law, capitalism, model, market economy, product, price, property, currency, the ruble.

Abstract:

This article presents the constitutional duties of an individual and a citizen in the Russian Federation. These constitutional duties can be divided into two types: 1) directly enshrined in the norms of the Constitution; 2) arising from the norms of the Constitution and generally set out in other legislative acts. The matters of interrelations between rights and responsibilities and the establishment of a balance between them should be investigated further and legislative solutions. The author comes to conclusion that the legal framework of the Russian economy is formed not only with the current legislation and the judicial system but also with the execution of judgement decisions and regulations of other govermental bodies.

Keywords: rights and freedoms; the ratio of rights, constitutional duties, taxes, judicial protection, enforcement mechanisms, court judgements, standards of enforcement proceedings

Abstract.

The subject of scientific analysis within the present paper is the complex of problems caused by both the low rate of economic development of the Russian Federation and the insufficient level of economic entities protection especially insufficient legal elaboration of the categories of “investment”, “investor”, “investment activities”. The mail goal of the article is to take a foray to understand the formation of theoretical conclusions and practical recommendations aimed at improvement of the mechanisms ensuring investment and economic activity as a whole specifically through enhancing the role of notaries. The authors have employed such general-theoretical and special scientific methods of cognition as analysis and synthesis, logical, dialectic, systemic-structural, comparative legal, sociological and statistical methods. Based on the research findings, the conclusion on the necessity of the adoption of the new legislation on notaries in order to encourage the transformation of its legal and factual status in the near future has been made. In according to that, solutions and proposals which must be perceived by the legislator in order to improve the efficiency of the Russian notaries to protect business emerge their applicability.

Keywords: Investments, investing, investment, investor, capital, commodity, money, value, property, law, notaries, notary, contract, law, government.

Abstract.

The subject of this article is the legislation governing the financing of infrastructure projects in the Russian Federation in the sphere of housing and communal services, as well as its application in practice. The purpose of research – analysis of the legal regulation of the financing of major repairs and modernization of municipal infrastructure by the Fund of assistance to reforming housing and communal services. The author has been involved in the study of state programs on the integrated development of utility infrastructure systems, the Federal Law «About the Fund of assistance to reforming housing and communal services» and a number of subordinate legislation, leads the statistical data on the state of municipal infrastructure. The author notes that in order to better spending budgets at all levels should focus on new financing mechanisms, based on the provision of public funds on the principles of repayment and interest payment for the long term at an interest rate no higher than the rate of inflation to return to the federal budget.

Keywords: housing and communal services, financing, legislation, infrastructure projects, legal regulation

Abstract.

Rationale. The author of the present paper briefly analyzes the structure of the mental element of corpus delict and considers the question of inclusion in this structure of emotions as an independent sign. Further the critical evaluation of researches of an emotional component in the content of fault and also as a sign of the subject of a crime is given.

Objective. The main goal of consideration of the declared subject consists in clarification of a place of emotions among corpus delict components.

Methods. During work on the present research paper general scientific methods of research, namely the analysis, synthesis, deduction and induction have been employed whereas the system approach has been taken as a methodological basis.

Conclusions and relevance. It is necessary to include the following components into the structure of the mental element of corpus delict: fault (obligatory sign), motive, goal and emotions (facultative signs).

JEL: K14

Keywords: emotions, subject of a crime, subjective party of a crime.

Abstract.

In the following article problems of legal regulation of protection of the right of property to such a new for the Russian civil legislation real estate item as a sole real estate complex are considered. In particular, the author notes the gaps in the legislation on the state registration of the rights for such immovable objects. The mandatory requirement of the principle of impartibility of the real property items alongside with the absence of the principle of a special legal structure for the land plot and a sole real estate complex can limit the sphere of private interests relating to a sole real estate complex. At the same time, the federal law No. 218-FZ “On the state registration of real estate” unifying the requirements for both the state registration of the rights for the real property and its’ cadastral registration and defining the rules of Unified State Register of Rights to Real Property maintenance, which will be carried into effect since 01/01/2017, would not completely settle the legal disputes concerning a sole real estate complex. The existence of the registered right for property to a sole real estate complex will encourage complete and comprehensive protection of the right for property to the real estate in general.

Keywords: legal regulation of protection of the right of property, sole real estate complex, civil legislation