Аннотация: The article discloses the concept of “sovereignty” and its parity with “political power”; it is underlined that the institute of the state is the most adequate expression of political integrity. The theory of “systematic” state is considered. The article states that if the basis of the statehood is the idea and the principle, the basis of the society is the nature and the nation as a part of the natural. The nation also may represent certain integrity, not only incorporated in a state, under its authority and in its territory: only state may be really sovereign but not nationality. Evolution of concept and attributes of the sovereignty in the political theory is considered; some aspects of the theory of division of powers are mentioned. The “state – a legal person” concept and the “legal solidarism” doctrine are analyzed. The latter is built upon the combination of the private and the public: here the private becomes a systematic element of the public; however the integrity as such may be conceived only from the public, uniform and solidary position; and advocates of this opinion emphasize the objective nature of such approach inspired by the vital reality itself. The article states that the “legal solidarism” doctrine has generated concept of the social right based on the idea of priority of a society and objective right in relation to an individual and subjective rights which by all means originate from social duties, and any “human rights” here appear no more than just consequences of its duties. The concept of “basic (benchmark) rule” as a priori inherent in any positive law order is considered. The law order “basic rule” is not a material standard (its content is considered expressly obvious), it is postulated as the highest institutionalizing standards, and other standards are originated from it (as the private from the general) logically and causally. The “basic rule” in the system of imperous relations becomes a transdential-logic condition of normative interpretation with carrying out not an ethic-political but an epistemological function. The “the basic rule” function is in substantiation of the objective validity of the law order, i.e. compulsory order standards established by acts of human will, in interpretation of subjective sense of these acts as their objective sense. The article analyzes the “natural law” evolution and the content of this concept. It is stated that the “natural law” has gradually turned into an unconditional criterion of an ethic-political estimation of the positive law itself.

Abstract: The article discloses the concept of “sovereignty” and its parity with “political power”; it is underlined that the institute of the state is the most adequate expression of political integrity. The theory of “systematic” state is considered. The article states that if the basis of the statehood is the idea and the principle, the basis of the society is the nature and the nation as a part of the natural. The nation also may represent certain integrity, not only incorporated in a state, under its authority and in its territory: only state may be really sovereign but not nationality. Evolution of concept and attributes of the sovereignty in the political theory is considered; some aspects of the theory of division of powers are mentioned. The “state – a legal person” concept and the “legal solidarism” doctrine are analyzed. The latter is built upon the combination of the private and the public: here the private becomes a systematic element of the public; however the integrity as such may be conceived only from the public, uniform and solidary position; and advocates of this opinion emphasize the objective nature of such approach inspired by the vital reality itself. The article states that the “legal solidarism” doctrine has generated concept of the social right based on the idea of priority of a society and objective right in relation to an individual and subjective rights which by all means originate from social duties, and any “human rights” here appear no more than just consequences of its duties. The concept of “basic (benchmark) rule” as a priori inherent in any positive law order is considered. The law order “basic rule” is not a material standard (its content is considered expressly obvious), it is postulated as the highest institutionalizing standards, and other standards are originated from it (as the private from the general) logically and causally. The “basic rule” in the system of imperous relations becomes a transdential-logic condition of normative interpretation with carrying out not an ethic-political but an epistemological function. The “the basic rule” function is in substantiation of the objective validity of the law order, i.e. compulsory order standards established by acts of human will, in interpretation of subjective sense of these acts as their objective sense. The article analyzes the “natural law” evolution and the content of this concept. It is stated that the “natural law” has gradually turned into an unconditional criterion of an ethic-political estimation of the positive law itself.

Аннотация: The article states that the process of studying the problem of interaction of morality, morals and law was not linear; it was complicated and depended on political realities. However, despite of the apparent mastermindness of the issue it is necessary to mention that the dispute on differentiation of such categories as the morals and morality still goes on. In the modern scientific literature when considering the categories of “morals” and “morality” two opposite positions were generated. Some authors believe that these two categories are synonymous and there is no need to oppose them. Others attempt to differentiate between these concepts. According to the latter position, morality is something permanent, generic, belonging to all mankind, which arises simultaneously with the human society becoming and exists in all socioeconomic structures. The morals appear at rather later stages of the human society development. In the basis of differentiation of morals and morality lie differences between specific historical and general historical interests and purposes. Morals are seen as morality adapted for preservation of a specific environment. It not universal, and always socially caused; and in relation to these two categories morality dominates over morals. Being an integral part of any system of morals, morality has relative independence, what is testified by the fact that it is preserved in its basis during the entire history of human society as those elementary moral requirements which developed at the dawn of human history and ever since then invariable are included in all systems of morals, both classless and class, being universal by content. The dialectics of interrelations of the law, morals and morality is well traced during the influence of social-normative system on a person. In the opinion of the author, the distinction between them is in the following: – The legal regulatory system necessarily is subject to “recording”, i.e. it is the result of law-making activity of the state bodies or people; – The moral regulatory system is not always “recorded” in certain moral codes. It is kept in a certain environment and supported by the opinion of this environment, formally established instructions; – The system of morality principles cannot be expressed through specific, existing norms at all, cannot be subject to “recording”. The morality does not seek accommodation of social regulatory functions; it always has them. The dialectics of morality, morals and law, representing a dialectic contradiction, is a unity of contrasts. In fact the law, morals and morality are forms of an integral whole – a universal culture. The morals and law are the transformed forms of morality and as those express the morality-based content in the form adapted to the limited actual genesis of an individual as member of a social group. The author believes that morality develops a human opinion of what it can and should become in the upward tendency. Tracing the interrelation of law, morals and morality it is necessary to emphasize the primate of the moral origin in the human activity genesis. It may be explained, first, by the morality (customs) historically preceding moral and law rules and was one of their sources. Second, morality, and later morals, is much richer and wider than the law rules by its regulatory functions. Third, within the framework of moral requirements a person is much wider than in legal framework, shows freedom of choice of a behavior version. And, at last, the highest form of consciousness of a person is observance legal and moral standards at the level of a moral control. The consciousness of a person simultaneously is environment based, i.e. reflects certain standards of a certain environment, and universal, i.e. expresses universality of an individual as an in-situ generic being and is aimed at its preservation. These elements are in close interaction with each other by virtue of a specific person integrity and unity.

Abstract: The article states that the process of studying the problem of interaction of morality, morals and law was not linear; it was complicated and depended on political realities. However, despite of the apparent mastermindness of the issue it is necessary to mention that the dispute on differentiation of such categories as the morals and morality still goes on. In the modern scientific literature when considering the categories of “morals” and “morality” two opposite positions were generated. Some authors believe that these two categories are synonymous and there is no need to oppose them. Others attempt to differentiate between these concepts. According to the latter position, morality is something permanent, generic, belonging to all mankind, which arises simultaneously with the human society becoming and exists in all socioeconomic structures. The morals appear at rather later stages of the human society development. In the basis of differentiation of morals and morality lie differences between specific historical and general historical interests and purposes. Morals are seen as morality adapted for preservation of a specific environment. It not universal, and always socially caused; and in relation to these two categories morality dominates over morals. Being an integral part of any system of morals, morality has relative independence, what is testified by the fact that it is preserved in its basis during the entire history of human society as those elementary moral requirements which developed at the dawn of human history and ever since then invariable are included in all systems of morals, both classless and class, being universal by content. The dialectics of interrelations of the law, morals and morality is well traced during the influence of social-normative system on a person. In the opinion of the author, the distinction between them is in the following: – The legal regulatory system necessarily is subject to “recording”, i.e. it is the result of law-making activity of the state bodies or people; – The moral regulatory system is not always “recorded” in certain moral codes. It is kept in a certain environment and supported by the opinion of this environment, formally established instructions; – The system of morality principles cannot be expressed through specific, existing norms at all, cannot be subject to “recording”. The morality does not seek accommodation of social regulatory functions; it always has them. The dialectics of morality, morals and law, representing a dialectic contradiction, is a unity of contrasts. In fact the law, morals and morality are forms of an integral whole – a universal culture. The morals and law are the transformed forms of morality and as those express the morality-based content in the form adapted to the limited actual genesis of an individual as member of a social group. The author believes that morality develops a human opinion of what it can and should become in the upward tendency. Tracing the interrelation of law, morals and morality it is necessary to emphasize the primate of the moral origin in the human activity genesis. It may be explained, first, by the morality (customs) historically preceding moral and law rules and was one of their sources. Second, morality, and later morals, is much richer and wider than the law rules by its regulatory functions. Third, within the framework of moral requirements a person is much wider than in legal framework, shows freedom of choice of a behavior version. And, at last, the highest form of consciousness of a person is observance legal and moral standards at the level of a moral control. The consciousness of a person simultaneously is environment based, i.e. reflects certain standards of a certain environment, and universal, i.e. expresses universality of an individual as an in-situ generic being and is aimed at its preservation. These elements are in close interaction with each other by virtue of a specific person integrity and unity.

Аннотация: The article states that the history of the Russian statehood, nation and culture is intimately associated with the history of the Orthodox Christian Church. Even during the “atheistic” statehood (the Soviet period) communication between the Russian society and the Orthodox Christian Church was never lost. It is underlined that for the Velikiy Knyaz of Kiev Vladimir Svyatoslavich and his successors as well as for the Byzantian Christian emperors struggle against pagandom, against the religious cults and customs dominating among the Slavs became one of the key governmental functions and Christian duties. But with regards to other confessions not traditional for Russia, demesneveche (Kiev) period of our history is characterized by tolerance (even in the “softest” model of the state tolerance) towards other confessions. The history of the Catholic Mission in Russia during the pre-Mongolian period must be divided into two stages, border between which is the final division of the eastern and western churches in 1054. After the division of churches, the rules of relations with non-Christians created by the Russian church pastors (theoretical model of religious intolerance) were taken from the Greeks: any dialogue with non-Christians is an insult of true belief, a sacrilege, a crime for an orthodox (true believer) Christian. As to the Knyaz power attitude towards the infidels (and non- Christians), it was expressed only in several rules of the church regulation of Yaroslav Mudriy and was based on the Nomokanon norms, opinion of the Greek polemists and Russian pastors (and regarding sanctions – on the rules of the Russian Truth). The Regulations articles mostly touch upon infidels (not baptized) and upon the cast-off persons: joint meal (for the infringer the only excuse may be ignorance of the messmate professing another religion), cohabitation (and certainly marriage) are prohibited. That is, not only religious (this is not even mentioned in the Regulations as an evident fact) but also everyday relations with the infidels. These violations of the rules of church discipline are transferred exclusively to the church court. But the interdiction originates not only from the church power but also from the secular one. There is not only church punishment provided (excommunication, penance, exile to a monastery for repentance and correction) but also secular one – the Russian tradition introduces penal sanctions in the field of activity of the church court. The utmost intolerance to the non-Christians in the old Russian society existed only in theory. For practical implementation of the intolerance to the Latins (and to the infidels) no corresponding religious feeling had been built yet. The Kievan Rus, unlike the Moscow Rus, was an absolutely open country: it was in permanent and most active trade relations almost with all countries and nationalities of Europe and Asia. And toleration was caused not only economically but also by the state interests. So, despite of the theoretical intolerance to the Catholics, the church law (the regulations of the Metropolitans) and the secular law prohibition, not only the prayer, marriage but also everyday relations with infidels, the Russian Knyazes made marital unions with the West-European sovereigns during the pre-Mongolian period. In parallel with the marriage relations, the Russian Knyazes maintained permanent political relations with Europe. The most democratic form of the state tolerance with the existence of one dominating religion in a state is the one where other religious societies have the right to free public cult. With regards to the Catholics, there information, though very incomplete, on churches and Latin clegery existing in the Russian trade centers. However, the religion tolerant Russian government remained as such until foreign visitors stack to their practical (trade, household, etc.) interests. And the government reaction was rapid as soon as such interests became of a religious and dangerous nature to the Orthodoxy.

Abstract: The article states that the history of the Russian statehood, nation and culture is intimately associated with the history of the Orthodox Christian Church. Even during the “atheistic” statehood (the Soviet period) communication between the Russian society and the Orthodox Christian Church was never lost. It is underlined that for the Velikiy Knyaz of Kiev Vladimir Svyatoslavich and his successors as well as for the Byzantian Christian emperors struggle against pagandom, against the religious cults and customs dominating among the Slavs became one of the key governmental functions and Christian duties. But with regards to other confessions not traditional for Russia, demesneveche (Kiev) period of our history is characterized by tolerance (even in the “softest” model of the state tolerance) towards other confessions. The history of the Catholic Mission in Russia during the pre-Mongolian period must be divided into two stages, border between which is the final division of the eastern and western churches in 1054. After the division of churches, the rules of relations with non-Christians created by the Russian church pastors (theoretical model of religious intolerance) were taken from the Greeks: any dialogue with non-Christians is an insult of true belief, a sacrilege, a crime for an orthodox (true believer) Christian. As to the Knyaz power attitude towards the infidels (and non- Christians), it was expressed only in several rules of the church regulation of Yaroslav Mudriy and was based on the Nomokanon norms, opinion of the Greek polemists and Russian pastors (and regarding sanctions – on the rules of the Russian Truth). The Regulations articles mostly touch upon infidels (not baptized) and upon the cast-off persons: joint meal (for the infringer the only excuse may be ignorance of the messmate professing another religion), cohabitation (and certainly marriage) are prohibited. That is, not only religious (this is not even mentioned in the Regulations as an evident fact) but also everyday relations with the infidels. These violations of the rules of church discipline are transferred exclusively to the church court. But the interdiction originates not only from the church power but also from the secular one. There is not only church punishment provided (excommunication, penance, exile to a monastery for repentance and correction) but also secular one – the Russian tradition introduces penal sanctions in the field of activity of the church court. The utmost intolerance to the non-Christians in the old Russian society existed only in theory. For practical implementation of the intolerance to the Latins (and to the infidels) no corresponding religious feeling had been built yet. The Kievan Rus, unlike the Moscow Rus, was an absolutely open country: it was in permanent and most active trade relations almost with all countries and nationalities of Europe and Asia. And toleration was caused not only economically but also by the state interests. So, despite of the theoretical intolerance to the Catholics, the church law (the regulations of the Metropolitans) and the secular law prohibition, not only the prayer, marriage but also everyday relations with infidels, the Russian Knyazes made marital unions with the West-European sovereigns during the pre-Mongolian period. In parallel with the marriage relations, the Russian Knyazes maintained permanent political relations with Europe. The most democratic form of the state tolerance with the existence of one dominating religion in a state is the one where other religious societies have the right to free public cult. With regards to the Catholics, there information, though very incomplete, on churches and Latin clegery existing in the Russian trade centers. However, the religion tolerant Russian government remained as such until foreign visitors stack to their practical (trade, household, etc.) interests. And the government reaction was rapid as soon as such interests became of a religious and dangerous nature to the Orthodoxy.

Аннотация: The work states that one of the earliest laws containing criminal rules was the Regulations of Knyaz Vladimir, which archetype text refers to the 12th century. However, the oldest basis for the Regulations of Knyaz Vladimir was the Charter given by Vladimir to the Church of the Tithes or the Church of the Dormition of the Virgin is (the Desyatinnaya Tserkov in Kiev) in the beginning of the 11th century. The Regulations survived in more than two hundred replicas of the 14–19th centuries and in plenty of reworked copies where we may separate seven versions and a few text variants and types. First, the author analyzes the Olenin Version (the late 12th – first half of the 13th century) which clause 9 contains following components of crimes: “divorce, suit because of marriage portion, abduction (abduction of maidens for marriage), quarrels between a husband and a wife because of belongings, marriage between relatives or courtship, sorcery, hebon ( poisoning by means of potion), magia, sectary, toothing (bites during fights), or a son beats his father, or a mother beats her daughter; or children, or a daughter-in-law beats her mother-inlaw; or brothers or children suit for the inheritance.” Further the author analyses each component using various points of view on the interpretation of the provisions. It is stated that the Synodical Version of the Regulations (second half of the 13th – early 14th century), which is the most common, largely amends the ninth clause. The Synodical Version expands the sorcery related trespass with witchery, theurgy, and indulgence. Naming as offence comes in three forms – in swear word, charge in creating potions and in witchery. The author points out that by time of Synodical Version a whole group of encroachments on orthodox ceremonial procedures is formed and enacted. The Russian Orthodox Church starts to strengthen protection of its direct objects, besides the orthodox dogma (church property, ceremonialism, symbols, constructions, public order in the church and so forth). Researches often unite these components by one patrimonial concept – sacrilege in a broad sense of the word. Such crimes are separated as theft in church, “cutting of a cross or cutting the walls”, “slander of the dead”, and letting kettle, dogs and poultry in the church. Broad versions of the Regulations of Knyaz Vladimir contain another components like: “indecorous protection of a husband by his wife”, prohibition on sodomy, and “a woman inflicts harm to a child”. Later versions and editions of Vladimir’s Regulations start to include the crime components expressly prohibiting pagan ceremonies. The article states that clause 9 of the Regulations of Knyaz Vladimir does not contain any reference to the penalty. The author comes to a conclusion that clause 9 of the Regulations of Knyaz Vladimir simply was a referential clause, assuming in each specific case use of other acts of church nature.

Abstract: The work states that one of the earliest laws containing criminal rules was the Regulations of Knyaz Vladimir, which archetype text refers to the 12th century. However, the oldest basis for the Regulations of Knyaz Vladimir was the Charter given by Vladimir to the Church of the Tithes or the Church of the Dormition of the Virgin is (the Desyatinnaya Tserkov in Kiev) in the beginning of the 11th century. The Regulations survived in more than two hundred replicas of the 14–19th centuries and in plenty of reworked copies where we may separate seven versions and a few text variants and types. First, the author analyzes the Olenin Version (the late 12th – first half of the 13th century) which clause 9 contains following components of crimes: “divorce, suit because of marriage portion, abduction (abduction of maidens for marriage), quarrels between a husband and a wife because of belongings, marriage between relatives or courtship, sorcery, hebon ( poisoning by means of potion), magia, sectary, toothing (bites during fights), or a son beats his father, or a mother beats her daughter; or children, or a daughter-in-law beats her mother-inlaw; or brothers or children suit for the inheritance.” Further the author analyses each component using various points of view on the interpretation of the provisions. It is stated that the Synodical Version of the Regulations (second half of the 13th – early 14th century), which is the most common, largely amends the ninth clause. The Synodical Version expands the sorcery related trespass with witchery, theurgy, and indulgence. Naming as offence comes in three forms – in swear word, charge in creating potions and in witchery. The author points out that by time of Synodical Version a whole group of encroachments on orthodox ceremonial procedures is formed and enacted. The Russian Orthodox Church starts to strengthen protection of its direct objects, besides the orthodox dogma (church property, ceremonialism, symbols, constructions, public order in the church and so forth). Researches often unite these components by one patrimonial concept – sacrilege in a broad sense of the word. Such crimes are separated as theft in church, “cutting of a cross or cutting the walls”, “slander of the dead”, and letting kettle, dogs and poultry in the church. Broad versions of the Regulations of Knyaz Vladimir contain another components like: “indecorous protection of a husband by his wife”, prohibition on sodomy, and “a woman inflicts harm to a child”. Later versions and editions of Vladimir’s Regulations start to include the crime components expressly prohibiting pagan ceremonies. The article states that clause 9 of the Regulations of Knyaz Vladimir does not contain any reference to the penalty. The author comes to a conclusion that clause 9 of the Regulations of Knyaz Vladimir simply was a referential clause, assuming in each specific case use of other acts of church nature.

Аннотация: The article states that the aspect of safety and protection of personal dignity and rights a crime victim always existed in all religious, moral and legal systems. The author analyzes provisions of ancient law monuments including laws of tsar Hammurapi and the Russian Truth. It is underlined that the history of criminal proceedings in the extend of the prosecution build-up passes through three basic stages of evolution: the stage of domination of the private interest of the crime victim in criminal proceedings; the stage of absorption of the private interest of the crime victim by the state interest, narrowing the criminal trial down to impersonal will of the law bounding all participants of the criminal trial by seeking establishing the issue; and finally the stage of the constitutional guarantee of the rights and freedom of the parties of criminal trial (both of the victim and the accused), their statutable equality and competitiveness with preservation of superiority of concept of validity (justice) and the state origin of the criminal legal proceedings. Gradually, prosecution seized to be the act of private satisfaction of rights and legitimate interests of the victim turning into a law function of the state. At the start of such criminal proceedings evolution, the state by law established the procedure of the state protection of the violated rights and legitimate interests of victims. The author analyzes the situation that existed in Ancient Rome, in the German and British tribes in the Middle Ages, in ancient Athens. Further the author analyses the criminal trial in medieval England, Germany, France and Italy. The author underlines the that comparative analysis of the history of development of various models of promotion and support of the state and private prosecution which basic purpose is also to protect the dignity, safety and rights of victims revealed the tendency of dual development of criminal and punitive legislation of different states. On the one hand, criminal and punitive legislation of different countries has propensity to essential expansion of the range of private prosecution cases, increase remedial and legal status and role of the victim in criminal prosecution of criminals. On the other hand, more often it provides additional remedy not only for the state protection of the rights of victims but also for creation of non-governmental funds and organizations for the necessary moral and psychological, legal, material and organizational-technical assistance to the victims.

Abstract: The article states that the aspect of safety and protection of personal dignity and rights a crime victim always existed in all religious, moral and legal systems. The author analyzes provisions of ancient law monuments including laws of tsar Hammurapi and the Russian Truth. It is underlined that the history of criminal proceedings in the extend of the prosecution build-up passes through three basic stages of evolution: the stage of domination of the private interest of the crime victim in criminal proceedings; the stage of absorption of the private interest of the crime victim by the state interest, narrowing the criminal trial down to impersonal will of the law bounding all participants of the criminal trial by seeking establishing the issue; and finally the stage of the constitutional guarantee of the rights and freedom of the parties of criminal trial (both of the victim and the accused), their statutable equality and competitiveness with preservation of superiority of concept of validity (justice) and the state origin of the criminal legal proceedings. Gradually, prosecution seized to be the act of private satisfaction of rights and legitimate interests of the victim turning into a law function of the state. At the start of such criminal proceedings evolution, the state by law established the procedure of the state protection of the violated rights and legitimate interests of victims. The author analyzes the situation that existed in Ancient Rome, in the German and British tribes in the Middle Ages, in ancient Athens. Further the author analyses the criminal trial in medieval England, Germany, France and Italy. The author underlines the that comparative analysis of the history of development of various models of promotion and support of the state and private prosecution which basic purpose is also to protect the dignity, safety and rights of victims revealed the tendency of dual development of criminal and punitive legislation of different states. On the one hand, criminal and punitive legislation of different countries has propensity to essential expansion of the range of private prosecution cases, increase remedial and legal status and role of the victim in criminal prosecution of criminals. On the other hand, more often it provides additional remedy not only for the state protection of the rights of victims but also for creation of non-governmental funds and organizations for the necessary moral and psychological, legal, material and organizational-technical assistance to the victims.

Аннотация: The article states that the proceeding quality of criminal cases in Russia lacks behind the imposed requirements. Herewith, the major designation of judicial authority is settlement of legal disputes and conflicts arising in the society, protection of the regulatory directions established by the law. Therefore, purposeful strong-willed nature of exercise of judicial power is absolutely needed especially when it is a matter of criminal proceedings. In this case as far as it concerns violation of the Criminal Code of the Russian Federation, i.e. commitment of crimes in defiance of the property and other interpersonal relations entrenching on health and life of citizens, other protected rights and freedoms. Therefore, the author answers the question: what are the tasks, the decision of which such branch of governmental activity as criminal proceedings are created and functioning for? The strong connection with real life, with its specific criminal situations, with practical of work of all levels of law-enforcement system, and judicial bodies must become major and indispensable reference point of national jurisprudence, first of all, of the criminal trial. The new qualitative situation of modern Russia generates exigency of urgent scientific understanding of fundamental realignment occurring in the country, among which booming crime is the principal concern triggered. The article mentions that the country criminal situation is sensitivity influenced by the consequences that appeared in real life as a result of alterations brought into the criminal procedures and law. Moreover, unexacting naturalization of legislative provisions from other states without their coordination with radical Russian traditions, and discord of new kid on the block ideas with the public sense of justice, in particular with the professional one, has already given negative results. The author believes that the Eurasian ideas may become a much more effective base for optimization of criminal proceedings in Russia, rather than the West-European ones. The necessary condition of further development of criminal procedure and law and its diligent effective application is the reflection of the purpose of criminal proceedings and its tasks, in the criminal law, regardful and adequate to the needs of citizens, society and state. Procedural rules of criminal proceedings, in particular the proceedings securing averment, in relation to the process participants, must be balanced. The essential shortcoming of the national criminal proceedings is the disbalance between the rights and duties of the accused, the abuser and the rights of the process participants to which it has cursed. The author comes to a conclusion that criminal proceedings is called to secure protection of the rights and legitimate interests of the citizens and organizations, society, and government, harmed by the crimes. It assists criminal prosecution of criminals guilty of committing crimes; their prosecution, criminal sentencing adequate to the criminal conduct, and relief from criminal responsibility and punishment under criminal law of innocent persons. It allows to buildup legalism and law order in the society. In other words, criminal proceedings are called to effectively resolve the sharp contradictions dangerous for normal society existence and development, to life and well-being of its members, and the Russian state. Otherwise, criminalization of the Russian reality will go on. The effective criminal law will encourage it in no smaller measure.

Abstract: The article states that the proceeding quality of criminal cases in Russia lacks behind the imposed requirements. Herewith, the major designation of judicial authority is settlement of legal disputes and conflicts arising in the society, protection of the regulatory directions established by the law. Therefore, purposeful strong-willed nature of exercise of judicial power is absolutely needed especially when it is a matter of criminal proceedings. In this case as far as it concerns violation of the Criminal Code of the Russian Federation, i.e. commitment of crimes in defiance of the property and other interpersonal relations entrenching on health and life of citizens, other protected rights and freedoms. Therefore, the author answers the question: what are the tasks, the decision of which such branch of governmental activity as criminal proceedings are created and functioning for? The strong connection with real life, with its specific criminal situations, with practical of work of all levels of law-enforcement system, and judicial bodies must become major and indispensable reference point of national jurisprudence, first of all, of the criminal trial. The new qualitative situation of modern Russia generates exigency of urgent scientific understanding of fundamental realignment occurring in the country, among which booming crime is the principal concern triggered. The article mentions that the country criminal situation is sensitivity influenced by the consequences that appeared in real life as a result of alterations brought into the criminal procedures and law. Moreover, unexacting naturalization of legislative provisions from other states without their coordination with radical Russian traditions, and discord of new kid on the block ideas with the public sense of justice, in particular with the professional one, has already given negative results. The author believes that the Eurasian ideas may become a much more effective base for optimization of criminal proceedings in Russia, rather than the West-European ones. The necessary condition of further development of criminal procedure and law and its diligent effective application is the reflection of the purpose of criminal proceedings and its tasks, in the criminal law, regardful and adequate to the needs of citizens, society and state. Procedural rules of criminal proceedings, in particular the proceedings securing averment, in relation to the process participants, must be balanced. The essential shortcoming of the national criminal proceedings is the disbalance between the rights and duties of the accused, the abuser and the rights of the process participants to which it has cursed. The author comes to a conclusion that criminal proceedings is called to secure protection of the rights and legitimate interests of the citizens and organizations, society, and government, harmed by the crimes. It assists criminal prosecution of criminals guilty of committing crimes; their prosecution, criminal sentencing adequate to the criminal conduct, and relief from criminal responsibility and punishment under criminal law of innocent persons. It allows to buildup legalism and law order in the society. In other words, criminal proceedings are called to effectively resolve the sharp contradictions dangerous for normal society existence and development, to life and well-being of its members, and the Russian state. Otherwise, criminalization of the Russian reality will go on. The effective criminal law will encourage it in no smaller measure.

Аннотация: The article points out that the nature and the political and normative essence the deputy mandate define the Member of Parliament legal status, character and forms of relations with voters. Occurrence of the representative system was based on recognition of the deputy mandate imperativeness, with the deputy being the Charge d’Affaires of the voters and bounded by their orders and instructions. The deputy mandate evolution resulted in the modern democratic states with the principle of free deputy mandate lodgment recognizing the deputy as the representative of all people, to be guided by its conscience and not to be bounded by any assignments and directions. At the same time, the modern practice of national representation testifies that the deputy freedom in many aspects is an illusion: frequently it is directly dependent on the nominating parties or under which slate it was elected, and on other forces, as a rule, hidden from public control lobbying their interests in the parliament. Therefore the free deputy mandate concept in many aspects today lost the original meaning when opposing to the imperative mandate. New political conditions, in which today the parliamentary institutions operate and the deputies work, cause the new peculiarities of the deputy mandate expressly exposed in the deputy mandate evolution analysis and which should be considered during the settlement of the deputy status legal regulation issues. Further the article reveals the deputy mandate concept, lists its constitution and normative principles, highlights and analyzes it separate types. The representative (nation-wide) mandate is particularly relieved. The author comes to a conclusion that the idea of the representative deputy mandate is rather viable, it must be considered defining the status and functions of a nation-wide representation: the deputies, the parliament as a whole must realize the responsibility to the voters for the failure to carry out the programs supported by the people during the parliamentary elections; the electoral programs amendments must be clear to the voters; these changes must be communicated to them with necessary comments and explanations. For this purpose the law shall provide various forms of deputy-voter relations. Communication of the deputies with their voters must be maintained through various organizational legal forms; the public opinion and the voter estimation of the deputy and the entire parliament work must be considered by the Members of the Parliament, and this estimation must be pronounced by the voters not only during the scheduled elections but during the parliament work, through the civil society institutions system. The recently formed Public Chamber could take on the job of the body that forms such public opinion on the basis of mutual relations with numerous public structures functioning in this country, and expressing it in its annual reports.

Abstract: The article points out that the nature and the political and normative essence the deputy mandate define the Member of Parliament legal status, character and forms of relations with voters. Occurrence of the representative system was based on recognition of the deputy mandate imperativeness, with the deputy being the Charge d’Affaires of the voters and bounded by their orders and instructions. The deputy mandate evolution resulted in the modern democratic states with the principle of free deputy mandate lodgment recognizing the deputy as the representative of all people, to be guided by its conscience and not to be bounded by any assignments and directions. At the same time, the modern practice of national representation testifies that the deputy freedom in many aspects is an illusion: frequently it is directly dependent on the nominating parties or under which slate it was elected, and on other forces, as a rule, hidden from public control lobbying their interests in the parliament. Therefore the free deputy mandate concept in many aspects today lost the original meaning when opposing to the imperative mandate. New political conditions, in which today the parliamentary institutions operate and the deputies work, cause the new peculiarities of the deputy mandate expressly exposed in the deputy mandate evolution analysis and which should be considered during the settlement of the deputy status legal regulation issues. Further the article reveals the deputy mandate concept, lists its constitution and normative principles, highlights and analyzes it separate types. The representative (nation-wide) mandate is particularly relieved. The author comes to a conclusion that the idea of the representative deputy mandate is rather viable, it must be considered defining the status and functions of a nation-wide representation: the deputies, the parliament as a whole must realize the responsibility to the voters for the failure to carry out the programs supported by the people during the parliamentary elections; the electoral programs amendments must be clear to the voters; these changes must be communicated to them with necessary comments and explanations. For this purpose the law shall provide various forms of deputy-voter relations. Communication of the deputies with their voters must be maintained through various organizational legal forms; the public opinion and the voter estimation of the deputy and the entire parliament work must be considered by the Members of the Parliament, and this estimation must be pronounced by the voters not only during the scheduled elections but during the parliament work, through the civil society institutions system. The recently formed Public Chamber could take on the job of the body that forms such public opinion on the basis of mutual relations with numerous public structures functioning in this country, and expressing it in its annual reports.

Аннотация: The article proposes the concept of protection, considers the difference between protection and security and highlights various forms and levels of protection. The article considers the powers of the bodies extrajudicially engaged in protection of the right to local self-government. The legal process of protection of the right under consideration is characterized, first of all, by the Constitutional Court of the Russian Federation activity, and the work of courts of general jurisdiction and arbitration courts. The article analyzes the provisions of the Constitution of the Russian Federation and the laws regulating protection of the right to local selfgovernment, including the 2003 laws on the general principles of the organization of local self-government, and the Civil and the Arbitration Procedure Codes. The article compares the current law to the previous one (in particular, the provisions of the 2003 Federal Law On the General Principles of the Organization of Local Self-government and the 1995 Federal Law On the general Principles of the Organization of Local Self-government). The shortcomings of the legal regulation are pointed out. Attention is paid to the citizens rather actively using the right to legal protection, however local government institutions do not expose such activity. The reasons leading to absence of interest on behalf of the municipal formations in the outcome of the matter and to decline of their activity in protecting the violated rights are analyzed. It is stated that efficiency of legal protection of the right to local selfgovernment is connected and with other issues, among which it is necessary to purposely separate the following: permanently varying local self-government laws not always having a necessary level of legal methodology, absence of single law enforcement practice and quality of the judicial manpower training. The traditional judge force in courts of the general jurisdiction is not prepared to such work; corresponding qualification, another level of psychological and vocational training is needed. Besides, judges in courts of the general jurisdiction have very broad specialization. The author suggests correcting the situation at hand, including by training of judges in the municipal law fundamentals, by generalization of the practice of the Supreme Court and the Supreme Arbitration Court of the Russian Federation, and by adoption of the plenum decisions. Speaking about legal protection as the major guarantee of the rights to local self-government the author emphasizes that if the citizens consider protection of violated rights and legitimate interests in local self-government a constitutional law, the authorities and officials take it as their constitutional duty. The author comes to a conclusion that the citizens exercising the right to local self-government have simultaneously the right to legal protection of such right; but the authorities and officials of local self-government not just have such right but and are obliged to protect the right of the citizens to local selfgovernment in all legitimate ways and remedies, including in an action at law. Otherwise, such failure to act may be considered as the authorities and officials failure to execute their liabilities to the population.

Abstract: The article proposes the concept of protection, considers the difference between protection and security and highlights various forms and levels of protection. The article considers the powers of the bodies extrajudicially engaged in protection of the right to local self-government. The legal process of protection of the right under consideration is characterized, first of all, by the Constitutional Court of the Russian Federation activity, and the work of courts of general jurisdiction and arbitration courts. The article analyzes the provisions of the Constitution of the Russian Federation and the laws regulating protection of the right to local selfgovernment, including the 2003 laws on the general principles of the organization of local self-government, and the Civil and the Arbitration Procedure Codes. The article compares the current law to the previous one (in particular, the provisions of the 2003 Federal Law On the General Principles of the Organization of Local Self-government and the 1995 Federal Law On the general Principles of the Organization of Local Self-government). The shortcomings of the legal regulation are pointed out. Attention is paid to the citizens rather actively using the right to legal protection, however local government institutions do not expose such activity. The reasons leading to absence of interest on behalf of the municipal formations in the outcome of the matter and to decline of their activity in protecting the violated rights are analyzed. It is stated that efficiency of legal protection of the right to local selfgovernment is connected and with other issues, among which it is necessary to purposely separate the following: permanently varying local self-government laws not always having a necessary level of legal methodology, absence of single law enforcement practice and quality of the judicial manpower training. The traditional judge force in courts of the general jurisdiction is not prepared to such work; corresponding qualification, another level of psychological and vocational training is needed. Besides, judges in courts of the general jurisdiction have very broad specialization. The author suggests correcting the situation at hand, including by training of judges in the municipal law fundamentals, by generalization of the practice of the Supreme Court and the Supreme Arbitration Court of the Russian Federation, and by adoption of the plenum decisions. Speaking about legal protection as the major guarantee of the rights to local self-government the author emphasizes that if the citizens consider protection of violated rights and legitimate interests in local self-government a constitutional law, the authorities and officials take it as their constitutional duty. The author comes to a conclusion that the citizens exercising the right to local self-government have simultaneously the right to legal protection of such right; but the authorities and officials of local self-government not just have such right but and are obliged to protect the right of the citizens to local selfgovernment in all legitimate ways and remedies, including in an action at law. Otherwise, such failure to act may be considered as the authorities and officials failure to execute their liabilities to the population.

Аннотация: The article points out that following the struggle against paper expenditure the tax authorities started to pay steadfast attention to economic feasibility of expenditure, for the purposes of taxation. The tax payers and the tax authorities may have different ideas about economic correctness of specific expenses; in this connection, inevitably there are plenty of conflicts and disputes on these issues. On the one hand, it is mentioned that the uncertainty of the “economic correctness of expenses” notion promotes tax terrorism as any expenses may be called into question. On the other hand – adoption of article 25 of the Tax Code of the Russian Federation, in comparison to the earlier effective closed list of expenses, is a step forward since it allows to record the expenses which the law does not refer to expressly. The analysis of court practice shows that for the purposes of taxation one the same expenditure for are accepted by some courts and rejected by other courts. The estimation of economic feasibility in some cases is connected to violations of the law in other fields, having nothing to do with taxes. In this connection, provisions of departmental statutory acts are provided, and court practice is analyzed. The author analyses the position of the Constitutional Court of the Russian Federation in relation to the address of a group of deputies of the State Duma with an inquiry on expertise of the constitutionality of provisions of item 1 of clause 252 of the Tax Code of the Russian Federations establishing that, with the purpose of calculation of the profit tax, the expenses proved and documentary supported, carried out (suffered) by the tax payer are recognized; the proved expenses are understood as economically justified expenses which estimation is expressed in monetary form. In opinion of the applicants, these challenged provisions are uncertain, contain estimated and duplicating concepts, and these results in their arbitrary application in practice and, as consequence, to violation of constitutional rights of tax payers. It is stated that one of the reasons of the disputable allocation to the “economic feasibility” category is the absence of economic activity standards for the majority of industries, and methods of definition of expenses. In fact, the question of economic feasibility of expenses is not only a legal one but also economic. Currently, the Ministry of Finance is actively collecting corresponding data, processing it and making standards.

Abstract: The article points out that following the struggle against paper expenditure the tax authorities started to pay steadfast attention to economic feasibility of expenditure, for the purposes of taxation. The tax payers and the tax authorities may have different ideas about economic correctness of specific expenses; in this connection, inevitably there are plenty of conflicts and disputes on these issues. On the one hand, it is mentioned that the uncertainty of the “economic correctness of expenses” notion promotes tax terrorism as any expenses may be called into question. On the other hand – adoption of article 25 of the Tax Code of the Russian Federation, in comparison to the earlier effective closed list of expenses, is a step forward since it allows to record the expenses which the law does not refer to expressly. The analysis of court practice shows that for the purposes of taxation one the same expenditure for are accepted by some courts and rejected by other courts. The estimation of economic feasibility in some cases is connected to violations of the law in other fields, having nothing to do with taxes. In this connection, provisions of departmental statutory acts are provided, and court practice is analyzed. The author analyses the position of the Constitutional Court of the Russian Federation in relation to the address of a group of deputies of the State Duma with an inquiry on expertise of the constitutionality of provisions of item 1 of clause 252 of the Tax Code of the Russian Federations establishing that, with the purpose of calculation of the profit tax, the expenses proved and documentary supported, carried out (suffered) by the tax payer are recognized; the proved expenses are understood as economically justified expenses which estimation is expressed in monetary form. In opinion of the applicants, these challenged provisions are uncertain, contain estimated and duplicating concepts, and these results in their arbitrary application in practice and, as consequence, to violation of constitutional rights of tax payers. It is stated that one of the reasons of the disputable allocation to the “economic feasibility” category is the absence of economic activity standards for the majority of industries, and methods of definition of expenses. In fact, the question of economic feasibility of expenses is not only a legal one but also economic. Currently, the Ministry of Finance is actively collecting corresponding data, processing it and making standards.

Аннотация: The article states that the administrative reform in the Russian Federation entered the final phase. The processes of formation of the federal executive authority structure and system are practically completed, the structures of the governmental bodies in the federal districts and constituent entities of the Russian Federation continue to improve, and interaction of executive authorities and citizens comes to a new level. However, it is too early to speak about achieving the purposes of the administrative reform established in the Concept of the Administrative Reform in the Russian Federation in 2006–2008. The most important issues of the administrative reform are: introduction of results based principles and procedures in the executive bodies; development and introduction of the state services standards provided by the executive authorities and administrative rules in the executive authorities. Further, the author analyzes functions of the federal ministries, federal services, and federal agencies. It is stated that the structure of the federal executive authorities is strictly divided into two parts: federal executive authorities which activity is controlled by the President of the Russian Federation, and bodies which activity is controlled by the Government of the Russian Federation. In connection with such division the author has a number of issues to discuss. First. How can we to correlate the functions of the federal ministries, services, and agencies if they are divided into three, substantially independent components? Second. With is the purpose and the basis for the federal executive authorities dividing into two parts – those controlled by the President of the Russian Federation and the Government of the Russian Federation? Another issue lies in the context of execution of the Concept of the Administrative Reform provisions – how realistic is one of the goals, i.e. increasing the efficiency of the executive authorities activity? In conclusion the author mentions that the issues of formation of strong executive authorities are so far forth complicated as the administrative activity as a whole is comprehensive. It can not, surely, be subject to a legal regulation; and this is not necessary. However, there are fundamental and prime problems, which the achievement of the administrative reform goals depends on. They are mostly connected to the vices of the theoretical and methodological approaches to its implementation. Everything the article refers to concerns, basically, the federal executive authorities system. If we speak about the level of federal districts and constituent entities of Russia, the legal groundwork for the executive authorities formation there still needs conceiving. There are also theory related problems. Thus, there are no uniform, scientifically based and legally finalized concepts of: the state function, the state service, etc. There is no federal law on standards and state services; the methodical fundamentals for carrying out the administrative reform are so bulky, complicated and difficult to implement that they cause established claims of heads of various structures at the local level. Practically, there is no legal basis for the reform in the municipalities.

Abstract: The article states that the administrative reform in the Russian Federation entered the final phase. The processes of formation of the federal executive authority structure and system are practically completed, the structures of the governmental bodies in the federal districts and constituent entities of the Russian Federation continue to improve, and interaction of executive authorities and citizens comes to a new level. However, it is too early to speak about achieving the purposes of the administrative reform established in the Concept of the Administrative Reform in the Russian Federation in 2006–2008. The most important issues of the administrative reform are: introduction of results based principles and procedures in the executive bodies; development and introduction of the state services standards provided by the executive authorities and administrative rules in the executive authorities. Further, the author analyzes functions of the federal ministries, federal services, and federal agencies. It is stated that the structure of the federal executive authorities is strictly divided into two parts: federal executive authorities which activity is controlled by the President of the Russian Federation, and bodies which activity is controlled by the Government of the Russian Federation. In connection with such division the author has a number of issues to discuss. First. How can we to correlate the functions of the federal ministries, services, and agencies if they are divided into three, substantially independent components? Second. With is the purpose and the basis for the federal executive authorities dividing into two parts – those controlled by the President of the Russian Federation and the Government of the Russian Federation? Another issue lies in the context of execution of the Concept of the Administrative Reform provisions – how realistic is one of the goals, i.e. increasing the efficiency of the executive authorities activity? In conclusion the author mentions that the issues of formation of strong executive authorities are so far forth complicated as the administrative activity as a whole is comprehensive. It can not, surely, be subject to a legal regulation; and this is not necessary. However, there are fundamental and prime problems, which the achievement of the administrative reform goals depends on. They are mostly connected to the vices of the theoretical and methodological approaches to its implementation. Everything the article refers to concerns, basically, the federal executive authorities system. If we speak about the level of federal districts and constituent entities of Russia, the legal groundwork for the executive authorities formation there still needs conceiving. There are also theory related problems. Thus, there are no uniform, scientifically based and legally finalized concepts of: the state function, the state service, etc. There is no federal law on standards and state services; the methodical fundamentals for carrying out the administrative reform are so bulky, complicated and difficult to implement that they cause established claims of heads of various structures at the local level. Practically, there is no legal basis for the reform in the municipalities.

Аннотация: The article states that modern criminal situation in the country is far from being perfect; the problem on restraining the crime is very urgent. Therefore, in this case we hardly may do without what is usually referred to as “political will”. In favor of this wording is the fact that recently as the quantitative and qualitative characteristics of the country criminological research and development declined, and, accordingly, the role of criminology in decision of today’s problems of criminal control really decreased, it is possible more often to come across statements in favor of many our problems in this extent not being solved properly not by virtue of their scientific background weakness, not because of lack of effective activity of law enforcement bodies and other administrative and supervising structures directly involved in criminal control, but because of absence of clearly expressed political will in this context. However, all not that simple and categorical; our rich and at the same time inconsistent practice of struggle against crime, in particular, of revealing and prevention of corruption crimes shows that even clearly and unambiguously expressed political will not always gives expected results, is realized properly by those who should do this. Naturally, in such situation the political will regardless of the personal qualities of the individual that initiates it remains just a good wish. When estimating the past Russian and foreign experience, there is always a certain danger as exaggeration and underestimation of the role of political will in meeting of modern challenges of struggle against crime. To minimize possible mistakes and miscalculations, it is obviously necessary to stand on criminological positions to solve a number of theoretical issues concerning, first of all, the concept of political will, its basic components, forms and means of expression of political will, place of political will in the general mechanism of counter-crime. Such judgment of political will as of a set of internal properties and conditions of the political subject expressing its capability for consecutive realization of objectives and goals in the sphere of political power seems quite comprehensible to the purposes and problems solved by criminology. When defining the concept of political will, presence of other elements of sociological, philosophical, psychological, and legal nature is possible.

Abstract: The article states that modern criminal situation in the country is far from being perfect; the problem on restraining the crime is very urgent. Therefore, in this case we hardly may do without what is usually referred to as “political will”. In favor of this wording is the fact that recently as the quantitative and qualitative characteristics of the country criminological research and development declined, and, accordingly, the role of criminology in decision of today’s problems of criminal control really decreased, it is possible more often to come across statements in favor of many our problems in this extent not being solved properly not by virtue of their scientific background weakness, not because of lack of effective activity of law enforcement bodies and other administrative and supervising structures directly involved in criminal control, but because of absence of clearly expressed political will in this context. However, all not that simple and categorical; our rich and at the same time inconsistent practice of struggle against crime, in particular, of revealing and prevention of corruption crimes shows that even clearly and unambiguously expressed political will not always gives expected results, is realized properly by those who should do this. Naturally, in such situation the political will regardless of the personal qualities of the individual that initiates it remains just a good wish. When estimating the past Russian and foreign experience, there is always a certain danger as exaggeration and underestimation of the role of political will in meeting of modern challenges of struggle against crime. To minimize possible mistakes and miscalculations, it is obviously necessary to stand on criminological positions to solve a number of theoretical issues concerning, first of all, the concept of political will, its basic components, forms and means of expression of political will, place of political will in the general mechanism of counter-crime. Such judgment of political will as of a set of internal properties and conditions of the political subject expressing its capability for consecutive realization of objectives and goals in the sphere of political power seems quite comprehensible to the purposes and problems solved by criminology. When defining the concept of political will, presence of other elements of sociological, philosophical, psychological, and legal nature is possible.

Аннотация: The article states that prevention of crime committed by the military is exercised on the same principles as in the society as a whole. This includes the aggregate of various interconnected measures aimed at prevention of punishable offence in the Army and in the Navy and at elimination of the reasons that cause the criminal behavior of the military. However, in opinion of the authors, in the context of the military crime the prevention theory has certain peculiarities. Moreover, it is the military command that plays the major role in prevention of crime committed by the military. The article considers the fundamentals of their participation in this activity and system of practical work. The article states that depending on the reasons and conditions of crime of the military we may separate three basic levels of its prevention: social; specialized criminological and individual. Each of these levels is revealed further in the article. It is emphasized that a necessary element of the system are the crime prevention subjects. They are the state and public institutions, formations of citizens influencing on the crime prevention, in the broad sense of the word. Among these subjects there are such which are purposely created for these reasons; or their competence, alongside with other powers includes the responsibility to prevent crime, to a certain extent. The authors state that while studying the prevention of crime in the Armed Forces optimum goals and tasks of proactive measures assume significance. In the opinion of the authors, prevention of crime committed by the military assumes creation of an effective system; first, measures of general prevention as an aggregate of social economic, ideological, cultural educational, organizational administrative, and legal activities; second, individual prevention measures. Many other measures and activities of state, public, departmental, collective nature are subject to the goals of prevention of crime of the military. The article states that victimization the military plays the critical or essential role in the prevention of crime. Victimologic prevention of crime against the military service must include measures aimed at easing the military medium crime orientation and formation of safe life skills. The authors see the optimum way of struggle against crime against military service in the state approach towards the considered problem, the reasonable combination of public procuracy supervision, the criminal prosecution, the introduction of prevention of crime and preventive work within a certain system of measures. The authors come to a conclusion that prevention of crime and other violations committed by the military is the basis for strengthening troop readiness which represents such situation of the Armed Forces where they can perform there tasks within the shortest period of time. In the army, the prevention of offences includes activities aimed against the military crimes and minor offences, and other crimes and offences committed by the military men and civil personnel. The aggregate of military crime prevention activities include measures of various natures. The entire complex of preventive measures must be aimed at one general goal: to foster in each person in the active duty positive and legal qualities since only the active moral and legal position of a person is capable to resist any determinations of criminal behavior.

Abstract: The article states that prevention of crime committed by the military is exercised on the same principles as in the society as a whole. This includes the aggregate of various interconnected measures aimed at prevention of punishable offence in the Army and in the Navy and at elimination of the reasons that cause the criminal behavior of the military. However, in opinion of the authors, in the context of the military crime the prevention theory has certain peculiarities. Moreover, it is the military command that plays the major role in prevention of crime committed by the military. The article considers the fundamentals of their participation in this activity and system of practical work. The article states that depending on the reasons and conditions of crime of the military we may separate three basic levels of its prevention: social; specialized criminological and individual. Each of these levels is revealed further in the article. It is emphasized that a necessary element of the system are the crime prevention subjects. They are the state and public institutions, formations of citizens influencing on the crime prevention, in the broad sense of the word. Among these subjects there are such which are purposely created for these reasons; or their competence, alongside with other powers includes the responsibility to prevent crime, to a certain extent. The authors state that while studying the prevention of crime in the Armed Forces optimum goals and tasks of proactive measures assume significance. In the opinion of the authors, prevention of crime committed by the military assumes creation of an effective system; first, measures of general prevention as an aggregate of social economic, ideological, cultural educational, organizational administrative, and legal activities; second, individual prevention measures. Many other measures and activities of state, public, departmental, collective nature are subject to the goals of prevention of crime of the military. The article states that victimization the military plays the critical or essential role in the prevention of crime. Victimologic prevention of crime against the military service must include measures aimed at easing the military medium crime orientation and formation of safe life skills. The authors see the optimum way of struggle against crime against military service in the state approach towards the considered problem, the reasonable combination of public procuracy supervision, the criminal prosecution, the introduction of prevention of crime and preventive work within a certain system of measures. The authors come to a conclusion that prevention of crime and other violations committed by the military is the basis for strengthening troop readiness which represents such situation of the Armed Forces where they can perform there tasks within the shortest period of time. In the army, the prevention of offences includes activities aimed against the military crimes and minor offences, and other crimes and offences committed by the military men and civil personnel. The aggregate of military crime prevention activities include measures of various natures. The entire complex of preventive measures must be aimed at one general goal: to foster in each person in the active duty positive and legal qualities since only the active moral and legal position of a person is capable to resist any determinations of criminal behavior.

Аннотация: The article considers the concept of the national sovereignty, gives the definitions of the latter as provided by the foreign and Russian international jurists, and experts in the field of a constitutional law. The article investigates the norms of the international law and analyzes international jurisdictional body acts exposing the principle of respect of the national sovereignty. The article provides distinctions between the principle of respect of the national sovereignty and the principle of sovereign equality of the nations. The article raises the question related to the limited sovereignty doctrine, its implementation by the United States of America in respect to Iraq and related consequences. Elements of the regulatory nature of the principle of respect of the national sovereignty are allocated and reveal. The author considers them as: 1) The jurisdiction of the state above all individuals and legal persons living or located (including operating) in its territory; 2) The jurisdiction to settle disputes in court and crimes committed in territory of the state by foreigners, and by foreigners against foreigners (the territorial and national principle); 3) The jurisdiction to secure strict observance of the territorial right of a specific state; 4) The right of a state to freely use and dispose of the territory under its jurisdiction and to perform any type the activity necessary or favorable for living of its population; 5) Prohibition on intervention to the territory of other states; 6) The right to immunity from jurisdiction of foreign courts in relation to acts and the actions undertaken by the state as a sovereign; 7) The right of the state to immunity of the state representatives operating in official quality (functional immunity); 8) The right of citizens abroad and officials of the foreign state to life and property and to their protection. The author comes to a conclusion that the principle of respect of the national sovereignty is the central principle of the entire international law system. The national sovereignty makes the nations legally equal. The respect of the national sovereignty is the liability of all subjects of international law. The sovereignty is indivisible; it is firm. However, under the influence of international developments and processes (for example globalization), the regulatory concept of the principle of respect of the national sovereignty may be refined, expanded and further advanced.

Abstract: The article considers the concept of the national sovereignty, gives the definitions of the latter as provided by the foreign and Russian international jurists, and experts in the field of a constitutional law. The article investigates the norms of the international law and analyzes international jurisdictional body acts exposing the principle of respect of the national sovereignty. The article provides distinctions between the principle of respect of the national sovereignty and the principle of sovereign equality of the nations. The article raises the question related to the limited sovereignty doctrine, its implementation by the United States of America in respect to Iraq and related consequences. Elements of the regulatory nature of the principle of respect of the national sovereignty are allocated and reveal. The author considers them as: 1) The jurisdiction of the state above all individuals and legal persons living or located (including operating) in its territory; 2) The jurisdiction to settle disputes in court and crimes committed in territory of the state by foreigners, and by foreigners against foreigners (the territorial and national principle); 3) The jurisdiction to secure strict observance of the territorial right of a specific state; 4) The right of a state to freely use and dispose of the territory under its jurisdiction and to perform any type the activity necessary or favorable for living of its population; 5) Prohibition on intervention to the territory of other states; 6) The right to immunity from jurisdiction of foreign courts in relation to acts and the actions undertaken by the state as a sovereign; 7) The right of the state to immunity of the state representatives operating in official quality (functional immunity); 8) The right of citizens abroad and officials of the foreign state to life and property and to their protection. The author comes to a conclusion that the principle of respect of the national sovereignty is the central principle of the entire international law system. The national sovereignty makes the nations legally equal. The respect of the national sovereignty is the liability of all subjects of international law. The sovereignty is indivisible; it is firm. However, under the influence of international developments and processes (for example globalization), the regulatory concept of the principle of respect of the national sovereignty may be refined, expanded and further advanced.

Аннотация: The article is devoted to the analyses of the Universal Declaration of Human Rights adopted on December 10, 1948, at the third session of the General Assembly of the United Nations and to the consideration of the international treaties made on its basis. In particular, the article states that the Universal Declaration of Human Rights developed for the first time the complex of the civil, political, economic, social, and cultural rights and freedoms of a person. The Universal Declaration also specified that alongside with the rights and freedoms each person has duties to the society, where free and comprehensive development of a personality is possible. The article also states that though the document does not possess the power of a binding international treaty it has received general recognition among the states, where the level of development, political order, and cultural traditions differ critically. The Universal Declaration of Human Rights provisions were developed and fixed in the subsequent international instruments. The author analyzes the provisions of the International Covenant on Economic, Social, and Cultural Rights and the International Covenant on Civil and Political Rights, and related Optional Protocols. The article states that the doctrine refers to the 1948 Universal Declaration of Human Rights and the two specified international covenants on human rights as the Charter of Fundamental Rights. The Convention on Prevention and Punishment of the Crime of Genocide, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Suppression and Punishment of the Crime of Apartheid, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment are considered, too. The author states that the international law specifically protects the rights and freedoms of women and children. With reference to this issue, the article considers the Convention on Political Rights of Women, the Convention on Citizenship of Married Women, the Convention on Consent for Marriage, Minimum Age for Marriage and Registration of marriage, the Convention on Elimination of All Forms of Discrimination Concerning Women, the Convention on the Rights of the Child are considered. The United Nations continue the process of development and adoption of new documents concerning the rights and freedoms of various categories of people. Thus, in September 2007, the General Assembly of the United Nations at its 61st session adopted the Declaration on the Rights of Indigenous People. The observance of the international standards of human rights and consideration of complaints related to violation of human rights are secured by means of a number of treaty and non-treaty mechanisms. The treaty mechanisms represent independent expert committees created for monitoring of execution of the international treaties on human rights by the participating states. The powers of non-treaty mechanisms originate not from the states, but from resolutions of corresponding bodies of the United Nations, such as the Council for Human Rights or General Assembly. Besides, the non-treaty mechanisms may be generated by expert bodies. Except for universal documents, regional documents in the field of human rights are adopted, and a good few. In particular, the article analyzes the provisions of the European Convention on Protection of Human Rights and Fundamental Freedoms, the Declarations of the CIS on the International Obligations in the Field of Human Rights and Fundamental Freedoms, the Convention of the CIS on the Human Rights and Fundamental Freedoms.

Abstract: The article is devoted to the analyses of the Universal Declaration of Human Rights adopted on December 10, 1948, at the third session of the General Assembly of the United Nations and to the consideration of the international treaties made on its basis. In particular, the article states that the Universal Declaration of Human Rights developed for the first time the complex of the civil, political, economic, social, and cultural rights and freedoms of a person. The Universal Declaration also specified that alongside with the rights and freedoms each person has duties to the society, where free and comprehensive development of a personality is possible. The article also states that though the document does not possess the power of a binding international treaty it has received general recognition among the states, where the level of development, political order, and cultural traditions differ critically. The Universal Declaration of Human Rights provisions were developed and fixed in the subsequent international instruments. The author analyzes the provisions of the International Covenant on Economic, Social, and Cultural Rights and the International Covenant on Civil and Political Rights, and related Optional Protocols. The article states that the doctrine refers to the 1948 Universal Declaration of Human Rights and the two specified international covenants on human rights as the Charter of Fundamental Rights. The Convention on Prevention and Punishment of the Crime of Genocide, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Suppression and Punishment of the Crime of Apartheid, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment are considered, too. The author states that the international law specifically protects the rights and freedoms of women and children. With reference to this issue, the article considers the Convention on Political Rights of Women, the Convention on Citizenship of Married Women, the Convention on Consent for Marriage, Minimum Age for Marriage and Registration of marriage, the Convention on Elimination of All Forms of Discrimination Concerning Women, the Convention on the Rights of the Child are considered. The United Nations continue the process of development and adoption of new documents concerning the rights and freedoms of various categories of people. Thus, in September 2007, the General Assembly of the United Nations at its 61st session adopted the Declaration on the Rights of Indigenous People. The observance of the international standards of human rights and consideration of complaints related to violation of human rights are secured by means of a number of treaty and non-treaty mechanisms. The treaty mechanisms represent independent expert committees created for monitoring of execution of the international treaties on human rights by the participating states. The powers of non-treaty mechanisms originate not from the states, but from resolutions of corresponding bodies of the United Nations, such as the Council for Human Rights or General Assembly. Besides, the non-treaty mechanisms may be generated by expert bodies. Except for universal documents, regional documents in the field of human rights are adopted, and a good few. In particular, the article analyzes the provisions of the European Convention on Protection of Human Rights and Fundamental Freedoms, the Declarations of the CIS on the International Obligations in the Field of Human Rights and Fundamental Freedoms, the Convention of the CIS on the Human Rights and Fundamental Freedoms.

Аннотация: The article states that for legal systems of all states the establishment of exclusive international judicial jurisdiction is traditional for disputes where the subject is immovable property. By virtue of this principle, immovable property civil cases are subject to hearing in courts of the state in which territory this immovable property is located. The Russian law has also always stuck to this principle. The 1995 Arbitration Procedure Code of the Russian Federation for the first time has established a special rule by having assigned to the exclusive competence of the Russian arbitration courts only cases with a “foreign element” where buildings, constructions and land plots were the subject. The law-maker did not mention other objects of immovable property. Besides, only strongly defined categories of civil disputes were included in the exclusive jurisdiction of the Russian arbitration courts. The author believes that such position is not comprehensive. The 2002 Procedure Codes of the Russian Federation have eliminated this shortcoming. Rules of exclusive jurisdiction, including cases concerning the immovable property in Russia, obtained greater finalization. Today, the lawmaker does not limit the establishment of exclusive judicial jurisdiction in the case connected to the immovable property in Russia by a specific range of disputable material relations; therefore, all cases where such property is the subject, regardless of the dispute nature, are subject to hearing exclusively by the Russian courts. Both the CPC and the APC of the Russian Federation when determining the exclusive judicial jurisdiction in such cases set legal effect only to the fact of the property location (i.e. physical presence) in the territory of Russia, instead of to the fact of its state registration in the Russian Federation. In this connection we may specify that these rules preserved certain uncertainty related to the possibility of an establishing the exclusive jurisdiction of the Russian courts for disputes with a “foreign element” where the subjects are marine and air craft, inland vessels and space objects subject to the state registration. In civil cases with a “foreign element” connected to immovable property, as the basis for establishing exclusive judicial jurisdiction, it is expedient to set legal effect not only to the fact of “location” of property in the territory of Russia but also to the fact of the state registration of the immovable property and rights to it in the territory of the Russian Federation. In this connection, corresponding clauses of the CPC and the APC of the Russian Federation seem practical to be reworded as follows: the exclusive competence of the courts of the Russian Federation must include disputes where the subject is immovable property if such property is located in the territory of the Russian Federation, or the rights to it, and if the record about such property or the rights to it is made by a competent body in the state register (the list, the cadastre) in the Russian Federation. Consequently, the list of the bases of the exclusive international judicial jurisdiction containing in the 2002 Procedure Codes and their regulatory status are more successful and detailed in comparison to the earlier effective statutory acts. At the same time, we see that, despite of the advance of the new procedure code rules regulating the international judicial jurisdiction in cases connected to the immovable property, these rules still need further improvement; what is unprejudiced by virtue of the international civil turnover dynamism.

Abstract: The article states that for legal systems of all states the establishment of exclusive international judicial jurisdiction is traditional for disputes where the subject is immovable property. By virtue of this principle, immovable property civil cases are subject to hearing in courts of the state in which territory this immovable property is located. The Russian law has also always stuck to this principle. The 1995 Arbitration Procedure Code of the Russian Federation for the first time has established a special rule by having assigned to the exclusive competence of the Russian arbitration courts only cases with a “foreign element” where buildings, constructions and land plots were the subject. The law-maker did not mention other objects of immovable property. Besides, only strongly defined categories of civil disputes were included in the exclusive jurisdiction of the Russian arbitration courts. The author believes that such position is not comprehensive. The 2002 Procedure Codes of the Russian Federation have eliminated this shortcoming. Rules of exclusive jurisdiction, including cases concerning the immovable property in Russia, obtained greater finalization. Today, the lawmaker does not limit the establishment of exclusive judicial jurisdiction in the case connected to the immovable property in Russia by a specific range of disputable material relations; therefore, all cases where such property is the subject, regardless of the dispute nature, are subject to hearing exclusively by the Russian courts. Both the CPC and the APC of the Russian Federation when determining the exclusive judicial jurisdiction in such cases set legal effect only to the fact of the property location (i.e. physical presence) in the territory of Russia, instead of to the fact of its state registration in the Russian Federation. In this connection we may specify that these rules preserved certain uncertainty related to the possibility of an establishing the exclusive jurisdiction of the Russian courts for disputes with a “foreign element” where the subjects are marine and air craft, inland vessels and space objects subject to the state registration. In civil cases with a “foreign element” connected to immovable property, as the basis for establishing exclusive judicial jurisdiction, it is expedient to set legal effect not only to the fact of “location” of property in the territory of Russia but also to the fact of the state registration of the immovable property and rights to it in the territory of the Russian Federation. In this connection, corresponding clauses of the CPC and the APC of the Russian Federation seem practical to be reworded as follows: the exclusive competence of the courts of the Russian Federation must include disputes where the subject is immovable property if such property is located in the territory of the Russian Federation, or the rights to it, and if the record about such property or the rights to it is made by a competent body in the state register (the list, the cadastre) in the Russian Federation. Consequently, the list of the bases of the exclusive international judicial jurisdiction containing in the 2002 Procedure Codes and their regulatory status are more successful and detailed in comparison to the earlier effective statutory acts. At the same time, we see that, despite of the advance of the new procedure code rules regulating the international judicial jurisdiction in cases connected to the immovable property, these rules still need further improvement; what is unprejudiced by virtue of the international civil turnover dynamism.

Аннотация: Regular completion of a maritime transport operation assumes that the stability of good delivery process starts from a principle of legitimacy of various title documents, such as the foreign trade sale and purchase and delivery contracts, on the one hand, and maritime insurance contracts, on the other hand. Otherwise, creation of favorable conditions for permanent increase in the range of products in transboundary commodity circulation, with almost continuous change of products, will turn into a hard Laputan enterprise. Execution of everyday duties of freighters, vessel owners and carriers means permanent coordination of legal responsibility concepts irrespective of the will of a person or of the route obviousness. It is not traditional to save on navigation safety since hardly many are impressed to pay losses at their full compensatory cost indemnifying not only incident losses but the subsequent expenses. However, are all aspects inherent in norms of determination of actual responsibility for damage established irrevocably? We have to recognize that the overwhelming majority of proposals have not overcome certain position vulnerability since the criteria of lawful vessel operation are affirmed according to the 1982 United Nations Convention on the Law of the Sea (the UNCLOS Convention). Meanwhile, substantiations of the vessel reliability, its seaworthiness are made purely a posteriori, especially if the scheduled repair works are not neglected by the carrier company, and the freights duration and frequency do not fall outside the reasonable limits. In the sphere of responsibility for sea incidents it is accustomed to use legal settlement of legal responsibility relations based on timeliness, universality and uniformity criteria. But the offence frequently rejects even the slightest private principles of statute, property, and substantive law. In this connection, it is not excluded that in one country the criteria of causing damage and loss occurrence will be applied simply to acknowledge imprudent delictual behavior or overcoming of its possible consequences. At the same time, the other legal system strictly observes the steady trinity of key attributes such as duty and damage, damage and breach, breach and duty; the list of possible parities may be continued. Nevertheless, indemnification of loss gets real sense only when judicial hearings on causing damage really become the resolving factor. The international civil law operates with ready, settled models of legal regulation, preferring to apply the law order of the country which is identified with the flag of the vessel. As a result, reproduction of all transport cargo or voyage documentation does not suppose any establishment of the vessel owner title contrary to the predecessor in title will. Moreover, according to the 1972 Convention on the International Regulations for Preventing Collisions at Sea only display of the national legal regime, under the flag of which the transport operation is undertaken, explain, whether transportation was accompanied by an individualization procedure yet at the stages of loading of goods. Permanent improvement of various institutes of transboundary sea transportation, the prevailing framework of commodity logistics, electronic commerce in the field of preselling service make to reconsider the existing conflict norms and legal principles. Obvious easing of the “flag state”, continuous changes characteristic to the framework responsible for property aspects of the transport operation allow to assume that creation of exhaustive algorithm of a conflict regulation will not finish soon. On the contrary, even the participants of the violation of law may face the fact of occurrence of essentially new, complex, inter-branch, flexible, and pragmatic system which will establish the ways and forms of conflict and substantive regulation in further.

Abstract: Regular completion of a maritime transport operation assumes that the stability of good delivery process starts from a principle of legitimacy of various title documents, such as the foreign trade sale and purchase and delivery contracts, on the one hand, and maritime insurance contracts, on the other hand. Otherwise, creation of favorable conditions for permanent increase in the range of products in transboundary commodity circulation, with almost continuous change of products, will turn into a hard Laputan enterprise. Execution of everyday duties of freighters, vessel owners and carriers means permanent coordination of legal responsibility concepts irrespective of the will of a person or of the route obviousness. It is not traditional to save on navigation safety since hardly many are impressed to pay losses at their full compensatory cost indemnifying not only incident losses but the subsequent expenses. However, are all aspects inherent in norms of determination of actual responsibility for damage established irrevocably? We have to recognize that the overwhelming majority of proposals have not overcome certain position vulnerability since the criteria of lawful vessel operation are affirmed according to the 1982 United Nations Convention on the Law of the Sea (the UNCLOS Convention). Meanwhile, substantiations of the vessel reliability, its seaworthiness are made purely a posteriori, especially if the scheduled repair works are not neglected by the carrier company, and the freights duration and frequency do not fall outside the reasonable limits. In the sphere of responsibility for sea incidents it is accustomed to use legal settlement of legal responsibility relations based on timeliness, universality and uniformity criteria. But the offence frequently rejects even the slightest private principles of statute, property, and substantive law. In this connection, it is not excluded that in one country the criteria of causing damage and loss occurrence will be applied simply to acknowledge imprudent delictual behavior or overcoming of its possible consequences. At the same time, the other legal system strictly observes the steady trinity of key attributes such as duty and damage, damage and breach, breach and duty; the list of possible parities may be continued. Nevertheless, indemnification of loss gets real sense only when judicial hearings on causing damage really become the resolving factor. The international civil law operates with ready, settled models of legal regulation, preferring to apply the law order of the country which is identified with the flag of the vessel. As a result, reproduction of all transport cargo or voyage documentation does not suppose any establishment of the vessel owner title contrary to the predecessor in title will. Moreover, according to the 1972 Convention on the International Regulations for Preventing Collisions at Sea only display of the national legal regime, under the flag of which the transport operation is undertaken, explain, whether transportation was accompanied by an individualization procedure yet at the stages of loading of goods. Permanent improvement of various institutes of transboundary sea transportation, the prevailing framework of commodity logistics, electronic commerce in the field of preselling service make to reconsider the existing conflict norms and legal principles. Obvious easing of the “flag state”, continuous changes characteristic to the framework responsible for property aspects of the transport operation allow to assume that creation of exhaustive algorithm of a conflict regulation will not finish soon. On the contrary, even the participants of the violation of law may face the fact of occurrence of essentially new, complex, inter-branch, flexible, and pragmatic system which will establish the ways and forms of conflict and substantive regulation in further.

Аннотация: The article provides a systematic overview of the constituent acts of the European Union (EU) as they result from the comprehensive reform undertaken by the Treaty of Lisbon of 13 December 2007. After the entry into force of the Treaty of Lisbon (expected in 2009) the European Union will be founded on two constituent acts both having equal legal value and officially called “Treaties”: the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The Charter of the Fundamental Rights of the European Union having the same legal value supplements the Treaties. The article contains a detailed analysis of the subject matter and structure of the TEU and TFEU preceded by a description of the legal nature of the Treaties in general. The special attention is paid to the new legal provisions inserted by the Treaty of Lisbon such as: – the new revision procedures of the Treaties with enlarged powers for the European Parliament and the European Commission; – the additional fields of the EU competencies (energy, civil protection, administrative cooperation, tourism, space policy etc.); – the new legal dimension for the existing fields of the EU activity (internal market, Area of Freedom, Security and Justice, Economic and Monetary Union, Union policies). The great attention is also paid to those provisions of the Treaties that may have repercussions on the future relationship between the EU and the Russian Federation. Accordingly, the article deals a lot with the legal foundations of the EU external action comprising: – the general principles and objectives established by the TEU and covering all the fields of the EU external action; – the provisions on the Common Foreign and Security Policy (including the Common Security and Defence Policy) as an non-economic part of the EU external action also governed by the TEU; – the other fields and instruments of the EU external action regulated by the TFEU such as Common Commercial Policy, Economic, Financial and Technical Cooperation with the Third Countries, International Agreements, Restrictive Measures (economic sanctions), EU diplomatic service and cooperation with the United Nations and other international organizations. The final part of the article characterises the protocols and annexes to the Treaties which include provisions on special issues, derogations for some Member States as well as transitional measures.

Abstract: The article provides a systematic overview of the constituent acts of the European Union (EU) as they result from the comprehensive reform undertaken by the Treaty of Lisbon of 13 December 2007. After the entry into force of the Treaty of Lisbon (expected in 2009) the European Union will be founded on two constituent acts both having equal legal value and officially called “Treaties”: the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The Charter of the Fundamental Rights of the European Union having the same legal value supplements the Treaties. The article contains a detailed analysis of the subject matter and structure of the TEU and TFEU preceded by a description of the legal nature of the Treaties in general. The special attention is paid to the new legal provisions inserted by the Treaty of Lisbon such as: – the new revision procedures of the Treaties with enlarged powers for the European Parliament and the European Commission; – the additional fields of the EU competencies (energy, civil protection, administrative cooperation, tourism, space policy etc.); – the new legal dimension for the existing fields of the EU activity (internal market, Area of Freedom, Security and Justice, Economic and Monetary Union, Union policies). The great attention is also paid to those provisions of the Treaties that may have repercussions on the future relationship between the EU and the Russian Federation. Accordingly, the article deals a lot with the legal foundations of the EU external action comprising: – the general principles and objectives established by the TEU and covering all the fields of the EU external action; – the provisions on the Common Foreign and Security Policy (including the Common Security and Defence Policy) as an non-economic part of the EU external action also governed by the TEU; – the other fields and instruments of the EU external action regulated by the TFEU such as Common Commercial Policy, Economic, Financial and Technical Cooperation with the Third Countries, International Agreements, Restrictive Measures (economic sanctions), EU diplomatic service and cooperation with the United Nations and other international organizations. The final part of the article characterises the protocols and annexes to the Treaties which include provisions on special issues, derogations for some Member States as well as transitional measures.