The Modern Lawyer №2(3)



Stanislav V. Nikolyukin

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

On the issue of reform of the Russian judicial system and the formation of the World's ships during the second half of the xix century

In this article analyses the peculiarities of the reform of the judicial system in Russia, when the Emperor Alexander II were approved four Court of the Constitution, forming the normative-legal base of the judicial reform. In addition, the article explores the issues of establishment and development of the world’s ships.

Keywords: The prereform court, the vices of the pre-reform of the court, the judicial system, the judicial reform of 1864., the judicial system, the world’s courts, the radicalism of the judicial reform.


Alibek S. Gukov

candidate of juridical sciences, associate professor of Department of theory and history of state and law of the Finance University under the Government of Russian Federation (E-mail:

The personal crimes and punishments by Circassian common law of the end of XVIII and first part of XIX centuries

The article is devoted a personal crimes and punishments by Circassian common law of the end of XVIII and first part of XIX centuries.

Keywords: Circassian (Adighe), crime, punishment, common law.


Yulia V. Pozharskaya

Lecturer and aspirant of Russian State Social University (E-mail:

The concept and role of notariate in the Russian and German legal systems

The article considers the history of notariate in Germany in the periods of Late Middle Ages, Modern and Contemporary ages. History of Russian notariate since 1729 when was used the term “notary”. There is given the review of evolution “of the concept notariate” in the important legislative acts and the bills concerning the organization of a notariate in Germany and Russia.

Keywords: notarial system, notary, Notariat in Germany, Russian notariate, history of the notariat.


Sergei G. Pavlikov

the doctor of juridical sciences, professor, chairman of department “constitutional and municipal right”, financial university with the government of the Russian Federation (E-mail:

In a State governed by the rule of the Constitution and judicial constitutional control

The judgment is against constitutional flexibility properties link with the presence of “gaps and weaknesses”. The 20-year practice of the Russian Constitution confirms the validity of that conclusion: from a purely declaratory instrument, it has become an act of direct action, in large part, on the basis of judicial constitutional control, which ensures identification of the real meaning of constitutional provisions in accordance with the rapidly changing social relationships.

Keywords: Government, Constitution, Constitutional Court (judicial) control, constitutional control, power control, court compromise


Vitaly V. Vyshkvartsev

PhD in Law, Senior Lecturer of the Department of theory and the history of law and state International Law Institute (Krasnoznamensk branch) (E-mail:

Theoretical and regulatory aspects of restricting the rights and freedoms of citizens in the Russian Federation

In this article the author examines some theoretical and normative aspects of limiting the rights and freedoms of individuals. Using comparative structural and functional studies of this problem, the author comes to the conclusion that the rights and freedoms of the citizens may be limited by the state to the extent to which this is necessary to prevent or eliminate damage or other damage, threatened to certain benefits and value in use of those rights, if that is not possible by other means and thus caused damage to the rights and freedoms is the smallest.

Keywords: constitutional status of citizen, duties, «restriction», rights and freedoms, «obstacle».


Mikhail Y. Voronin

Professor of Department of criminal-law disciplines of the Moscow new juridical Institute, Moscow (E-mail:

The ratio of State anti-drug policies and criminal policy in the control of drug trafficking

The article deals with the content of the State anti-drug policy; Describes the various approaches to the content of criminal policy; is the ratio of these phenomena; proposed State self-composed differentiation of anti-drug policies.

Keywords: anti-drug policy, criminal policy and system of measures.


Alexandra Y. Denisova

Assistant Chair of «Financial law» Finance University under the Government of the Russian Federation (E-mail:

The legal basis of regulation of customs duties in the Customs Union, Eurasec

This paper is selected as the object of study for one of the types of customs duties — customs fees. Attempt to show that the uniqueness of the customs regulation in the EurAsEC Customs Union is, inter alia, in the fact that the unification of the legal regulation at the supranational level is not carried out completely on the important “core” issue of customs policy, as customs duties. Also on the basis of different scientific positions on the definition of the legal nature of the charges highlighted features characteristic of Customs and presented their own vision of this issue.

Keywords: Customs Union; Customs payments; customs fees.


Vladimir M. Shumilov

doctor of juridical sciences, professor, head of the international law department of the All-Russian Academy for foreign trade. (E-mail:

The Phenomenon of WTO Law and Russia’s legislation

The author’s attention is concentrated to the following aspects: a phenomenon of WTO Law and its peculiarities; character and role of the principles-methods (principles-standards) into the WTO Law; influence of the WTO Law over Russia’s legislation, over the normative base of the Customs union of Russia, Belarus and Kazakhstan, and also of the formed Euroasian economic union (ЕAEU).

Keywords: WTO Law, internal law, the most-favoured-nation principle, non-discrimination-in-trade principle, a principle of granting of a national treatment, a principle of the preferencies for the developing countries, Russia’s legislation, integration, Euroasian economic union.


Natalia S. Rumyantseva

PhD, Assistant Professor of the Department of private law of the autonomous non-profit organization of higher professional education of the Russian Federation «Russian University of cooperation» (E-mail:

To the issue of misconduct spouse as the basis of exemption from the duty to provide maintenance

It is impossible to give even an indicative list of actions that characterize the misbehavior. In particular, it can manifest itself in the mistreatment of the other spouse or other family members who commit crimes against them. This article discusses the misbehavior as the basis for his wife’s release from detention of another.

Keywords: misconduct, pursuant to an exemption from the obligation of a spouse to pay alimony or restrictions wife.


Anastasia V. Buyanova

associate professor of Department the «Civil and arbitration» the Finance University under the Government of the Russian Federation (E-mail:

The emergence and change of labour relations with minors

The article studies the characteristics of and changes in labour relations with persons under the age of 18 years, related to certain actions of bodies and officials, and parents of minors or persons acting in their stead.

Keywords: juvenile, guardianship and custody Agency, employer, employment quotas, expression, labor legal relations, legal facts.


Dmitry V. Syngaevsky

graduate student of criminal law and criminology, penal law MNYUI «Moscow New Law Institute» (E-mail:

Prevention of common fraud schemes

This article contains measures to prevent scams in the Internet.

Keywords: fraud, online auction, victimization prevention, carder.


Svetlana A. Ivanovа

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

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 (E-mail:

Development of doctrine in the development of constitutional economics in the departments of Faculty of law University of Finance under the Government of the Russian Federation

(This work was based on State Government job: R & D of “civil law”, “Constitutional and municipal law, 2013) The authors justify the opportunity to increase the effectiveness of the legal regulation of the Russian economy through strengthening the role of the representatives of the scientific community, the creative teams of leading educational institutions of the Russian Federation.

Keywords: Government, law, economics, economy, Constitution, constitutional society, Court, property, Department