Аннотация: 1. On the form legal acculturation can be: – an expantion, which expects forcible unilateral obtrude society or his part determined element legal system other sociuma; – an reception, under which define the unilateral process of the issue element legal system sociuma-donor with obligatory their assimilation sociumom- reception; – an assimilation, presenting itself process and result interaction, under which occurs full or practically full loss of the suit culture sociumom-reception and so full assimilation of the culture sociumа-donor; – an interference, under which understand the process and result interaction, where legal systems can actаas the donor and in swing; societyreception. 2. On territory of the spreading she is characterized as: – universal acculturation sooner is certain whole-ma vague ideal, than reality; – regional acculturation became the reality. For instance, regional european legal integration distinctly reveals itself in history to prospect. 3. On method of change process of the interaction she can be: – voluntary, under which socium, enterring in contact, strive to more deep integration on base of the transformations their own legal sistem; – forced expects the violence, obtrude sociumоm-donor of its legal system or her element socium-reception; – compelled by caused mastery (for instance, economic, have political) dominant sociumа on subordinated that brings about necessary confession of the last row legal institute main. 4. On result of the process of the interaction legal acculturation possible divide into: – an adaptation, which expects the get fat or practically get fat loss sociumоm-reception its suit culture (the cultural specificity) and full assimilation of the new culture sociumа-donor; – a transformation, as a result which occurs the partial , change of the right sociumа-reception at conservation their own base devil;– an interference, connected with cultural change each contacting sociumа; – an integration (literally association in integer of some parts) expects the mutual adjustment in process which appear new cultural-legal systems, new lifestyle; – annihilation – mutual destruction cultures contacted socium. As a result of mutual destruction, as a rule, will be born new socium, which in the following will form the qualitative new culture. 5. Depending on facilities used in process legal acculturation: – legislative – by means of legislation; – usings of the right – by means of joint legal activity, which brings about shaping cognate , usings of the right practical persons; – contractual – by means of conclusion of the agreements legal on cooperation agreements on legal help; – doctrine – a quotient by way. 6. On depth of the influence acculturation can incidences-cotton wool or separate rates, or integer institutes and branches so she can be: – full, which expects not only external, but also internal uniformity; – partial, which is limited by achievement only external monotony i.e. occurs the perception separate legal institute. 7. Depending on type of the cultures contacted socium distinguish: – traditional acculturation, which exists at interaction traditionallyreligious and usually-legal cultures; – mundane, resulting from interaction \"state\" legal cultures; – an between type, which appears at interaction of the cultures different civilization (east and west civilization, traditional and modern society). 8. On degree of openness of the process of the interaction her possible subdevides in: – an openning, connected with legal expantion and рецепцией and, as rule, coverring sphere publicly-legal institute; – hiding (latent) acculturation, connected with assimilation and interference and coverring sphere quotient right. 9. Depending on amount subject perceiving cultures-but-legal traditions: – mutual – a voluntary interaction, mutual exchange cultural value. – unilateral – a voluntary borrowing. 10. Shaping united legal space different way occurs In process legal acculturation. So in envybridges from ways of the realization legal acculturation it differs on: – a modernization – within the framework of which, possible select following about-cession: development of the small group modernized (overtaking) state; the overtaking development, in the course of which lagged behind overtake gone onward; the attempts modernized state to give the answers to new call on way инноваций; – internation– given way intensifies the influence of the external factor on development of the national legal system; – an unification – under which exists process of the production uniform rates of the legal regulation determined public relations, expecting removal difference in regulation cognate or related phenomenas and creating miscellaneous level universal standard of the acts 11. In dependencies of the directivities of the process legal acculturation she can be – a straight line – as a result of invasions, colonizations, migration; – indirect – through legal value, rates, institutes, judicial practical person, mass media.

Ключевые слова: правовая аккультурация, рецепция, ассимиляция, адаптация, интерференция, трансформация

Abstract: 1. On the form legal acculturation can be: – an expantion, which expects forcible unilateral obtrude society or his part determined element legal system other sociuma; – an reception, under which define the unilateral process of the issue element legal system sociuma-donor with obligatory their assimilation sociumom- reception; – an assimilation, presenting itself process and result interaction, under which occurs full or practically full loss of the suit culture sociumom-reception and so full assimilation of the culture sociumа-donor; – an interference, under which understand the process and result interaction, where legal systems can actаas the donor and in swing; societyreception. 2. On territory of the spreading she is characterized as: – universal acculturation sooner is certain whole-ma vague ideal, than reality; – regional acculturation became the reality. For instance, regional european legal integration distinctly reveals itself in history to prospect. 3. On method of change process of the interaction she can be: – voluntary, under which socium, enterring in contact, strive to more deep integration on base of the transformations their own legal sistem; – forced expects the violence, obtrude sociumоm-donor of its legal system or her element socium-reception; – compelled by caused mastery (for instance, economic, have political) dominant sociumа on subordinated that brings about necessary confession of the last row legal institute main. 4. On result of the process of the interaction legal acculturation possible divide into: – an adaptation, which expects the get fat or practically get fat loss sociumоm-reception its suit culture (the cultural specificity) and full assimilation of the new culture sociumа-donor; – a transformation, as a result which occurs the partial , change of the right sociumа-reception at conservation their own base devil;– an interference, connected with cultural change each contacting sociumа; – an integration (literally association in integer of some parts) expects the mutual adjustment in process which appear new cultural-legal systems, new lifestyle; – annihilation – mutual destruction cultures contacted socium. As a result of mutual destruction, as a rule, will be born new socium, which in the following will form the qualitative new culture. 5. Depending on facilities used in process legal acculturation: – legislative – by means of legislation; – usings of the right – by means of joint legal activity, which brings about shaping cognate , usings of the right practical persons; – contractual – by means of conclusion of the agreements legal on cooperation agreements on legal help; – doctrine – a quotient by way. 6. On depth of the influence acculturation can incidences-cotton wool or separate rates, or integer institutes and branches so she can be: – full, which expects not only external, but also internal uniformity; – partial, which is limited by achievement only external monotony i.e. occurs the perception separate legal institute. 7. Depending on type of the cultures contacted socium distinguish: – traditional acculturation, which exists at interaction traditionallyreligious and usually-legal cultures; – mundane, resulting from interaction \"state\" legal cultures; – an between type, which appears at interaction of the cultures different civilization (east and west civilization, traditional and modern society). 8. On degree of openness of the process of the interaction her possible subdevides in: – an openning, connected with legal expantion and рецепцией and, as rule, coverring sphere publicly-legal institute; – hiding (latent) acculturation, connected with assimilation and interference and coverring sphere quotient right. 9. Depending on amount subject perceiving cultures-but-legal traditions: – mutual – a voluntary interaction, mutual exchange cultural value. – unilateral – a voluntary borrowing. 10. Shaping united legal space different way occurs In process legal acculturation. So in envybridges from ways of the realization legal acculturation it differs on: – a modernization – within the framework of which, possible select following about-cession: development of the small group modernized (overtaking) state; the overtaking development, in the course of which lagged behind overtake gone onward; the attempts modernized state to give the answers to new call on way инноваций; – internation– given way intensifies the influence of the external factor on development of the national legal system; – an unification – under which exists process of the production uniform rates of the legal regulation determined public relations, expecting removal difference in regulation cognate or related phenomenas and creating miscellaneous level universal standard of the acts 11. In dependencies of the directivities of the process legal acculturation she can be – a straight line – as a result of invasions, colonizations, migration; – indirect – through legal value, rates, institutes, judicial practical person, mass media.

Keywords: retseptsiya, assimilyatsiya, adaptatsiya, interferentsiya, transformatsiya

Аннотация: In literature there are two different points of view on the Russian statute at large. The first is that in the Russian statute at large (Russkaya Pravda) there were no crimes against public officers. The other one is that the Russian statute at large contained corresponding rules. Authors suppose that the necessity of power protection was already predetermined by the existence of the state itself. Based on the analysis of norms of the Russian statute at large’s Short edition, it is proved that that time physical integrity of the princely public agent was the object of special criminal protection. In the article two parts can be nominally detached. In the first part it is said about taking life of the victims, specified there, on personal grounds. In the second it is about taking life of victims in connection with their official duties. Such conclusion is also based on the comparison of punishment for given crimes. Special attention is paid to analysis of art. 19–23 Russian statute at large (Yaroslavichi’s statute at large) because, firstly, they are dedicated to protection of the persons serving to the prince. Secondly, they form original criminal institution of Old Russian legislation. While analyzing of the rule of art. 21, which has different interpretations (firstly, about definition of ognishanin’s (head of prince\'s administration) criminal status, authors affirm that during its assessment first of all it is necessary to proceed from two points: a) the article fastens the principle, produced by the custom – right to kill the thief on the scene of a crime, if it was committed at night. Therefore, the aim of the rule is to restrict gibbet law; b) the article’s formulation and correlation of certain phrases suppose appearance of a new person who is by no means designated in the article. Moreover the article is necessary to be estimated in the aggregate with two previous articles. In this case legislator’s logic is understood: in the legal monument rules which provide intensification of punishment according to circumstances of committed infringement on feudal administration’s representative were sequentially given. In Russian statute at large’s Vast edition the number of rules about responsibility for infringement on life increase considerably in comparison with its previous versions, the content of earlier known rules changes essentially, new penal prohibitions appear, foundations of legal materials’ abstract description are laid. Thereby the Russian statute at large singles out two types of infringement on life and de facto means two different objects of criminal protection: life and activity of authority, which also seizes a person as bearer of specific power authorization. Infringing on victim – the representative of a palace-patrimonial government system, – the offender ipso facto breaks the order of governance, peculiar to early-feudal society. Prince and his administration executed justice at the same time with administrative duties. Since earliest times legal procedure had public character. The status of prince’s power representative, who executed justice, strictly reflected his criminal protection. However, it should be noticed that such situation was typical not only for Russian law. In Novgorod and Pskov judgment credentials the indication on the social trend of a crime is met for the first time. In such acts it is emphasized that the crime causes harm not only to a private person, but also to the state.

Ключевые слова: Русская Правда, уставы, уставные грамоты, власть, представитель власти, уголовно-правовая охрана

Abstract: In literature there are two different points of view on the Russian statute at large. The first is that in the Russian statute at large (Russkaya Pravda) there were no crimes against public officers. The other one is that the Russian statute at large contained corresponding rules. Authors suppose that the necessity of power protection was already predetermined by the existence of the state itself. Based on the analysis of norms of the Russian statute at large’s Short edition, it is proved that that time physical integrity of the princely public agent was the object of special criminal protection. In the article two parts can be nominally detached. In the first part it is said about taking life of the victims, specified there, on personal grounds. In the second it is about taking life of victims in connection with their official duties. Such conclusion is also based on the comparison of punishment for given crimes. Special attention is paid to analysis of art. 19–23 Russian statute at large (Yaroslavichi’s statute at large) because, firstly, they are dedicated to protection of the persons serving to the prince. Secondly, they form original criminal institution of Old Russian legislation. While analyzing of the rule of art. 21, which has different interpretations (firstly, about definition of ognishanin’s (head of prince\'s administration) criminal status, authors affirm that during its assessment first of all it is necessary to proceed from two points: a) the article fastens the principle, produced by the custom – right to kill the thief on the scene of a crime, if it was committed at night. Therefore, the aim of the rule is to restrict gibbet law; b) the article’s formulation and correlation of certain phrases suppose appearance of a new person who is by no means designated in the article. Moreover the article is necessary to be estimated in the aggregate with two previous articles. In this case legislator’s logic is understood: in the legal monument rules which provide intensification of punishment according to circumstances of committed infringement on feudal administration’s representative were sequentially given. In Russian statute at large’s Vast edition the number of rules about responsibility for infringement on life increase considerably in comparison with its previous versions, the content of earlier known rules changes essentially, new penal prohibitions appear, foundations of legal materials’ abstract description are laid. Thereby the Russian statute at large singles out two types of infringement on life and de facto means two different objects of criminal protection: life and activity of authority, which also seizes a person as bearer of specific power authorization. Infringing on victim – the representative of a palace-patrimonial government system, – the offender ipso facto breaks the order of governance, peculiar to early-feudal society. Prince and his administration executed justice at the same time with administrative duties. Since earliest times legal procedure had public character. The status of prince’s power representative, who executed justice, strictly reflected his criminal protection. However, it should be noticed that such situation was typical not only for Russian law. In Novgorod and Pskov judgment credentials the indication on the social trend of a crime is met for the first time. In such acts it is emphasized that the crime causes harm not only to a private person, but also to the state.

Keywords: Russkaya Pravda, ustavy, ustavnye gramoty, ugolovno-pravovaya okhrana

Аннотация: This article deals with current problems of ecological safety in the Russian Federation. Facts from various sources demonstrate how important it is to provide for ecological safety of the Russian Federation. They also speak about ecological problems, generally unfavourable situation, related to the environmental protection and efficient use of natural resources of the Russian Federation. The State report “On the protection of Environment of the Russian Federation” is one of the sources of such information. The report is annually submitted by the Ministry of natural resources and ecology of the Russian Federation alongside with other ministries, services, agencies and organizations. The place and significance of ecological problems among the so-called “global” problems is proved by the fact, that anyway nearly all “strategic” documents of the last decade include sections related to environmental protection and efficient land use. One of the recent examples– the Decree of the President of the Russian Federation of May 12, 2009, No. 577 “On the Strategy of the National Security of the Russian Federation till 2020.” The article contains the analysis of the above mentioned document, that for the first time specifies and assesses many political and social processes both in the world and in the country. It also identifies national interests and priorities of national security. In addition, the authors the of the article express their opinion on the changes in the approaches to the protection of environment as the element of national security in the light of new Strategy. They emphasize substantial shift in the priorities and assessments of threats to national security. In conclusion, the authors stress that problems of “ecological safety” are far from being in the focus of political and state priorities.

Ключевые слова: экологическая безопасность, Стратегия национальной безопасности, охрана окружающей среды, рациональное использование природных ресурсов

Abstract: This article deals with current problems of ecological safety in the Russian Federation. Facts from various sources demonstrate how important it is to provide for ecological safety of the Russian Federation. They also speak about ecological problems, generally unfavourable situation, related to the environmental protection and efficient use of natural resources of the Russian Federation. The State report “On the protection of Environment of the Russian Federation” is one of the sources of such information. The report is annually submitted by the Ministry of natural resources and ecology of the Russian Federation alongside with other ministries, services, agencies and organizations. The place and significance of ecological problems among the so-called “global” problems is proved by the fact, that anyway nearly all “strategic” documents of the last decade include sections related to environmental protection and efficient land use. One of the recent examples– the Decree of the President of the Russian Federation of May 12, 2009, No. 577 “On the Strategy of the National Security of the Russian Federation till 2020.” The article contains the analysis of the above mentioned document, that for the first time specifies and assesses many political and social processes both in the world and in the country. It also identifies national interests and priorities of national security. In addition, the authors the of the article express their opinion on the changes in the approaches to the protection of environment as the element of national security in the light of new Strategy. They emphasize substantial shift in the priorities and assessments of threats to national security. In conclusion, the authors stress that problems of “ecological safety” are far from being in the focus of political and state priorities.

Keywords: okhrana okruzhayushchei sredy

Аннотация: In the article the content of the expense liabilities in the field of the national defense is described in detail. The list of indicated expense liabilities is prepared with the help of the analysis of normative acts, regulating the relations in the field of defense. The contradiction, which exists between the budgetary legislation and the court practice in the field of interbudgetary relations, is shown. According to the budgetary legislation the expense liabilities of one budgetary system level can not be passed for execution to the budget of the other level; it reflected in the principle of budget independence. Differentiation of the expense liabilities means that the Russian Federation is not responsible for the expense liabilities of the Russian Federation subjects and vice versa – the Federation subjects and municipal formations are not responsible for the Russian Federation liabilities. Under such approach it is taken as a dogma that the expenses for the national defense should be financed exclusively from the federal budget. Completely another construction was realized in the budgetary scheme of the USSR, which was characterized by the high level of centralization and stability. The USSR budget system was combined by the state budget, through which expenditures and revenues were redistributed; the budgetary system in whole was balanced. There was no need of either expense liabilities division, or, all the more, the development of the interbudgetary relations complex conception and budgetary federalism. According to the specialists, today the unitarism tendency in Russian budgetary system development exists too, in the form of reaction to the negative consequences of independent budgets. The unity and mutual budget responsibility are used abroad, for example, in the Federative Republic of Germany, where the principles of harmonization and subsidiary responsibility in the budget system are used. The practice of the Constitutional Court of the Russian Federation acts on the premise that the Russian Federation budgets or municipal formations are the part of the Russian Federation financial system together with the federal budget, that means the responsibility to allot the financial aid from the federal budget in case of insufficient revenues of subordinate budgets to provide their expense liabilities. This position is consequently formulated in the whole range of resolutions of the highest judiciary authority of the country. In the article the author’s thesis is substantiated that expenses for the national defense, as especially important expenses, providing the realization of the defense state function, can be covered at the expense of all the budgets of Russian Federation budgetary system. Its suitability is supported by the wide range of different expenses for the national defense, including some “non-military expenses” such as accommodation assignment. Using all the resources of all the budgets of the Russian Federation budgetary system might allow meeting the challenges of the defense more effectively.

Ключевые слова: расходные обязательства бюджета, расходы на национальную оборону, реформа бюджетного процесса, бюджетная классификация, межбюджетные отношения, единство бюджетной системы

Abstract: In the article the content of the expense liabilities in the field of the national defense is described in detail. The list of indicated expense liabilities is prepared with the help of the analysis of normative acts, regulating the relations in the field of defense. The contradiction, which exists between the budgetary legislation and the court practice in the field of interbudgetary relations, is shown. According to the budgetary legislation the expense liabilities of one budgetary system level can not be passed for execution to the budget of the other level; it reflected in the principle of budget independence. Differentiation of the expense liabilities means that the Russian Federation is not responsible for the expense liabilities of the Russian Federation subjects and vice versa – the Federation subjects and municipal formations are not responsible for the Russian Federation liabilities. Under such approach it is taken as a dogma that the expenses for the national defense should be financed exclusively from the federal budget. Completely another construction was realized in the budgetary scheme of the USSR, which was characterized by the high level of centralization and stability. The USSR budget system was combined by the state budget, through which expenditures and revenues were redistributed; the budgetary system in whole was balanced. There was no need of either expense liabilities division, or, all the more, the development of the interbudgetary relations complex conception and budgetary federalism. According to the specialists, today the unitarism tendency in Russian budgetary system development exists too, in the form of reaction to the negative consequences of independent budgets. The unity and mutual budget responsibility are used abroad, for example, in the Federative Republic of Germany, where the principles of harmonization and subsidiary responsibility in the budget system are used. The practice of the Constitutional Court of the Russian Federation acts on the premise that the Russian Federation budgets or municipal formations are the part of the Russian Federation financial system together with the federal budget, that means the responsibility to allot the financial aid from the federal budget in case of insufficient revenues of subordinate budgets to provide their expense liabilities. This position is consequently formulated in the whole range of resolutions of the highest judiciary authority of the country. In the article the author’s thesis is substantiated that expenses for the national defense, as especially important expenses, providing the realization of the defense state function, can be covered at the expense of all the budgets of Russian Federation budgetary system. Its suitability is supported by the wide range of different expenses for the national defense, including some “non-military expenses” such as accommodation assignment. Using all the resources of all the budgets of the Russian Federation budgetary system might allow meeting the challenges of the defense more effectively.

Keywords: reforma byudzhetnogo protsessa, byudzhetnaya klassifikatsiya, mezhbyudzhetnye otnosheniya, edinstvo byudzhetnoi sistemy

Аннотация: Procedural form of action implies a certain order of procedure actions and a special way of their registrating – creating special procedural acts (documents). Procedure decisions are to be pointed out. Every stage of criminal legal procedure implies acceptance of certain types of procedure decisions. Their peculiarities are determined by the tasks solved at different procedural stages. The article analyses peculiarities of decisions taken at different procedural stages according to given tasks of the stage of the procedure. The author regards lawfulness and validity requirements concerning different kinds of decisions. Special attention is paid to the analysis of decisions, which are taken during the judicial investigation monitoring. The article also deals with the problem of law procedure violations and their consequences. The classification of law procedure violations and pointing out critical ones is essential for solving problems of the consequences of these violations and choosing ways of eliminating judicial mistakes. Once a procedural violation is considered essential the lawfulness and justice of any final decision including the sentence is doubted. Legislation development towards the differentiation of procedural forms needs more detailed legal regulations of issues concerning the contents of the decisions taken in different procedures. It is desirable to define lawful grounds and conditions for making decisions taking into consideration different types of legislation. It is also desirable to solve the problem of lawfulness and validity monitoring. The article suggests measures aimed at guaranteeing the lawfulness and justice of the sentences in the course of simplified legal procedure.

Ключевые слова: процессуальные решения, судебный контроль, существенное нарушение процессуального закона, правосудие, уголовное судопроизводство, приговор, истина

Abstract: Procedural form of action implies a certain order of procedure actions and a special way of their registrating – creating special procedural acts (documents). Procedure decisions are to be pointed out. Every stage of criminal legal procedure implies acceptance of certain types of procedure decisions. Their peculiarities are determined by the tasks solved at different procedural stages. The article analyses peculiarities of decisions taken at different procedural stages according to given tasks of the stage of the procedure. The author regards lawfulness and validity requirements concerning different kinds of decisions. Special attention is paid to the analysis of decisions, which are taken during the judicial investigation monitoring. The article also deals with the problem of law procedure violations and their consequences. The classification of law procedure violations and pointing out critical ones is essential for solving problems of the consequences of these violations and choosing ways of eliminating judicial mistakes. Once a procedural violation is considered essential the lawfulness and justice of any final decision including the sentence is doubted. Legislation development towards the differentiation of procedural forms needs more detailed legal regulations of issues concerning the contents of the decisions taken in different procedures. It is desirable to define lawful grounds and conditions for making decisions taking into consideration different types of legislation. It is also desirable to solve the problem of lawfulness and validity monitoring. The article suggests measures aimed at guaranteeing the lawfulness and justice of the sentences in the course of simplified legal procedure.

Keywords: pravosudie, ugolovnoe sudoproizvodstvo, prigovor, istina

Аннотация: Federal laws adopted by the State Duma are submitted for examination by the Federation Council. Law is a system of rules established by the state. The main aim of law is to consolidate and safeguard the social and state system and its economic foundation. The system of law in our country consists of different branches of law. Laws of Russia confide to Constitution of Russia, federal constitutional law, federal law and law of subject of Russian Federation. The Constitution sets basic from of government: tree separate branches, each one having powers (“check and balances”) over the others. The Constitution has been repeatedly amended to meet the changing needs of the nation, bat it is still the “supreme law of the land.” All governments and governmental groups, federal, state, and local, must operate within its ruidelines. The federal and state governments formed under the Constitution. Lawmaking cannot come to an end at a certain stage by virtue of development of social, economic and political relationships that require legal regulation. Dynamism of the sources of the Russian administrative legislation, its changing and improving, passing of new acts, making amendments to those and reversal of obsolete law make it necessary to organize the entire set of the existing administrative regulation into a definite scientifically grounded system. That is during recent years the systematization by which the activity of the relevant governmental authorities in terms of regulation of the legislation is usually is of great importance in Russia in the context of forming of the new system of the sources of the Russian administrative legislation. Codification is the main form of systematization aimed at creation of consolidated or integrating acts regulating social relations in a new way and replacing the previous legislation or creating absolutely unknown acts missing in the legal system. From the moment of adoption of the Russian Constitution in 1993 there appeared the necessity to revise the entire existing administrative law matters with a view to clear out a large quantity of actually dormant but formally still not void administrative acts and to create the new ones consolidating the separated existing regulations. Administrative legislation is uncodified to utmost extent. Currently there exist a large number of non-interrelated rules of the administrative laws that are contained in different sources adopted by the authorities of different levels. Interaction and coordination on these rules are not regulated, often resulting in contradicting and duplicating. For the purpose of implementation of the principle of democratism it would be expedient to separate the whole group of the rules regulating the administrative legal status of citizens as an independent section and to issue a unified codified act covering these matters.

Ключевые слова: законодательство, кодификация, нормативные правовые акты, административное право, кодекс, федеральный закон

Abstract: Federal laws adopted by the State Duma are submitted for examination by the Federation Council. Law is a system of rules established by the state. The main aim of law is to consolidate and safeguard the social and state system and its economic foundation. The system of law in our country consists of different branches of law. Laws of Russia confide to Constitution of Russia, federal constitutional law, federal law and law of subject of Russian Federation. The Constitution sets basic from of government: tree separate branches, each one having powers (“check and balances”) over the others. The Constitution has been repeatedly amended to meet the changing needs of the nation, bat it is still the “supreme law of the land.” All governments and governmental groups, federal, state, and local, must operate within its ruidelines. The federal and state governments formed under the Constitution. Lawmaking cannot come to an end at a certain stage by virtue of development of social, economic and political relationships that require legal regulation. Dynamism of the sources of the Russian administrative legislation, its changing and improving, passing of new acts, making amendments to those and reversal of obsolete law make it necessary to organize the entire set of the existing administrative regulation into a definite scientifically grounded system. That is during recent years the systematization by which the activity of the relevant governmental authorities in terms of regulation of the legislation is usually is of great importance in Russia in the context of forming of the new system of the sources of the Russian administrative legislation. Codification is the main form of systematization aimed at creation of consolidated or integrating acts regulating social relations in a new way and replacing the previous legislation or creating absolutely unknown acts missing in the legal system. From the moment of adoption of the Russian Constitution in 1993 there appeared the necessity to revise the entire existing administrative law matters with a view to clear out a large quantity of actually dormant but formally still not void administrative acts and to create the new ones consolidating the separated existing regulations. Administrative legislation is uncodified to utmost extent. Currently there exist a large number of non-interrelated rules of the administrative laws that are contained in different sources adopted by the authorities of different levels. Interaction and coordination on these rules are not regulated, often resulting in contradicting and duplicating. For the purpose of implementation of the principle of democratism it would be expedient to separate the whole group of the rules regulating the administrative legal status of citizens as an independent section and to issue a unified codified act covering these matters.

Keywords: kodifikatsiya, normativnye pravovye akty, administrativnoe pravo, kodeks

Аннотация: The article stresses out the importance of understanding the phenomena of a contract not taken as a dogma of policy or law history, but also taking into consideration the viewpoint of its basic ideas (principles) which possess the potential of practical implementation of its legal ideal. It is stated that the development of principles (basic elements) of contractual right as well as its “disclosure” within the system of the present legal norms can be considered to be one of the key trends of civil law researches. The legal basing is made on a general theory (from the viewpoint of law theory) for using the word-combination “reciprocity principle” as a definition of a lawful conception, at this, the answer is given to the question whether to consider “reciprocity” to be the principal legal element in general and contractual juridical structures, in particular. The basic features of “reciprocity” as a main element of social-legal relations are determined: two-sidedness, tie-up of actions and moves of members of correspondent relations, mutual orientation of carried out actions which can be primary or a response one. Attention is attracted to the fact that the reciprocity principle and connected with it equivalence principle have deep social roots and due to this private law (and its basic institutes) should show the basic social rules, actions within the system should be mutually balanced and equivalent. This principle is compared with the causa (basis) of a contract. It is determined that general basis of “reciprocity” actually makes it possible to disclose (synthesize) causa (basis) of a contract. The principle of equivalent reciprocity or mutual equity (iustitia commutativa), as it is stressed in the article, is really possesses the correspondent keyrole in systems of private-legal regulations. In the systems of modern contractual rights (national (including rights of the Soviet period), foreign, international) reflection of this principle can be found as well as its efficiency and practical application. To confirm the initial hypothesis of meaning of reciprocity in the system of contractual right the article also gives analysis of juridical constructions known since Roman legislation and updated juridical constructions: “fair price” (iustum pretium), “excessive loss” (laesio enormis), “mutual fairness” (iustitia commutativa), “counter satisfaction” (“consideration”), which show in their own forms the discussed principle legal origin. As a result it is stated that the intention to make the ground for legal nature of a contract on the position of justice, consideration of mutual interests has always been the main goal uniting different trends оf developments of contractual theories. The modern Russian science of contractual right is evolving within the same parameters.

Ключевые слова: принцип, взаимность, договорное право, справедливость, римское право, кауза (основание), интересы сторон

Abstract: The article stresses out the importance of understanding the phenomena of a contract not taken as a dogma of policy or law history, but also taking into consideration the viewpoint of its basic ideas (principles) which possess the potential of practical implementation of its legal ideal. It is stated that the development of principles (basic elements) of contractual right as well as its “disclosure” within the system of the present legal norms can be considered to be one of the key trends of civil law researches. The legal basing is made on a general theory (from the viewpoint of law theory) for using the word-combination “reciprocity principle” as a definition of a lawful conception, at this, the answer is given to the question whether to consider “reciprocity” to be the principal legal element in general and contractual juridical structures, in particular. The basic features of “reciprocity” as a main element of social-legal relations are determined: two-sidedness, tie-up of actions and moves of members of correspondent relations, mutual orientation of carried out actions which can be primary or a response one. Attention is attracted to the fact that the reciprocity principle and connected with it equivalence principle have deep social roots and due to this private law (and its basic institutes) should show the basic social rules, actions within the system should be mutually balanced and equivalent. This principle is compared with the causa (basis) of a contract. It is determined that general basis of “reciprocity” actually makes it possible to disclose (synthesize) causa (basis) of a contract. The principle of equivalent reciprocity or mutual equity (iustitia commutativa), as it is stressed in the article, is really possesses the correspondent keyrole in systems of private-legal regulations. In the systems of modern contractual rights (national (including rights of the Soviet period), foreign, international) reflection of this principle can be found as well as its efficiency and practical application. To confirm the initial hypothesis of meaning of reciprocity in the system of contractual right the article also gives analysis of juridical constructions known since Roman legislation and updated juridical constructions: “fair price” (iustum pretium), “excessive loss” (laesio enormis), “mutual fairness” (iustitia commutativa), “counter satisfaction” (“consideration”), which show in their own forms the discussed principle legal origin. As a result it is stated that the intention to make the ground for legal nature of a contract on the position of justice, consideration of mutual interests has always been the main goal uniting different trends оf developments of contractual theories. The modern Russian science of contractual right is evolving within the same parameters.

Keywords: printsip, dogovornoe pravo, rimskoe pravo, kauza (osnovanie), interesy storon

Аннотация: The article is devoted to problems related to filling and proceeding of claims and other applications of military servants. Many claims are filled due to problems with provision of rations to military servants. Participation of military servants in counterterrorist operations on the territory of the Chechen Republic resulted in a range of claims related to payment of allowances and compensations. The most frequently appealed category of regulations is regulations of military administration bodies, especially orders and directives of military officers and commanders. In connection with this the Order of the Minister of Defense of the Russian Federation No. 200 “On approval of the order of payment of military compensation to the Armed Forces of the Russian Federation” (also referred to as the “military financial code”) is considered. To the author\'s mind, claim of at least one military servant contesting illegal actions of any officer or commander after entry of judgment into legal force shall lead to prohibition of application of such act to any military servants of the military unit whose rights are violated by this act.

Ключевые слова: судопроизводство, оспаривание действий (бездействия), военнослужащие, органы военного управления, воинские должностные лица, гражданский процесс

Abstract: The article is devoted to problems related to filling and proceeding of claims and other applications of military servants. Many claims are filled due to problems with provision of rations to military servants. Participation of military servants in counterterrorist operations on the territory of the Chechen Republic resulted in a range of claims related to payment of allowances and compensations. The most frequently appealed category of regulations is regulations of military administration bodies, especially orders and directives of military officers and commanders. In connection with this the Order of the Minister of Defense of the Russian Federation No. 200 “On approval of the order of payment of military compensation to the Armed Forces of the Russian Federation” (also referred to as the “military financial code”) is considered. To the author\'s mind, claim of at least one military servant contesting illegal actions of any officer or commander after entry of judgment into legal force shall lead to prohibition of application of such act to any military servants of the military unit whose rights are violated by this act.

Keywords: sudoproizvodstvo, osparivanie deistvii (bezdeistviya), voennosluzhashchie, organy voennogo upravleniya, voinskie dolzhnostnye litsa, grazhdanskii protsess

Аннотация: This article is concerned with the research of legal status features of religious associations as civil matters participants. Author puts into practice historical – legal analysis of the legislation development on religious associations, discover the modern state of legal relationships regulation, arising in connection with creation and activity these organizations. It is thus marked inconsistency of legal regulation, consisting in that the public and religious associations admit a uniform organizational-legal form of noncommercial legal bodies , but for them are established a different legal regimes. In this connection there are two probable positions: 1) religious association – is a specific version of public associations; 2) public and religious associations are diverse concepts and they can not be corresponded as general and private. In result it is formed a conclusion about presence at religious organization the special signs, which testify its recognition importance the independent form of noncommercial bodies. This article is also focused on the legal status specificity of different kinds of religious associations, an opportunity to create them are providing by law: religious groups, local and central religious organizations, establishments and organizations created by central religious organizations. On the basis of their essence and structure research the way of create and activity express ones views, that in special legislation the term religious association is using as generalize meaning not the organizational – law form of legal body, it means some organizations of different nature law, for example to a religious associations, representing a voluntary citizens association which unreasonable belonged to religious establishment, being on character the unitary. Author turns attention to occurrence and termination of religious associations as civil law subject. A circle of persons are investigated capable to act as founders and participants of religious organization of different kinds, demands made to their, feautures of the state registration as legal bodies the bases and an order their liquidation. In article scrutinizes the main ways of religious associations property formation, including gratuitous transfer in their property or using the state property or municipal property of religious appointment, are defind conditions, order and limits of realization enterprise activity by religious associations it is direct and through created commercial legal bodies.

Ключевые слова: религиозные объединения, религиозные организации, общественные объединения, общественные организации, некоммерческие организации, юридические лица, субъекты гражданского права

Abstract: This article is concerned with the research of legal status features of religious associations as civil matters participants. Author puts into practice historical – legal analysis of the legislation development on religious associations, discover the modern state of legal relationships regulation, arising in connection with creation and activity these organizations. It is thus marked inconsistency of legal regulation, consisting in that the public and religious associations admit a uniform organizational-legal form of noncommercial legal bodies , but for them are established a different legal regimes. In this connection there are two probable positions: 1) religious association – is a specific version of public associations; 2) public and religious associations are diverse concepts and they can not be corresponded as general and private. In result it is formed a conclusion about presence at religious organization the special signs, which testify its recognition importance the independent form of noncommercial bodies. This article is also focused on the legal status specificity of different kinds of religious associations, an opportunity to create them are providing by law: religious groups, local and central religious organizations, establishments and organizations created by central religious organizations. On the basis of their essence and structure research the way of create and activity express ones views, that in special legislation the term religious association is using as generalize meaning not the organizational – law form of legal body, it means some organizations of different nature law, for example to a religious associations, representing a voluntary citizens association which unreasonable belonged to religious establishment, being on character the unitary. Author turns attention to occurrence and termination of religious associations as civil law subject. A circle of persons are investigated capable to act as founders and participants of religious organization of different kinds, demands made to their, feautures of the state registration as legal bodies the bases and an order their liquidation. In article scrutinizes the main ways of religious associations property formation, including gratuitous transfer in their property or using the state property or municipal property of religious appointment, are defind conditions, order and limits of realization enterprise activity by religious associations it is direct and through created commercial legal bodies.

Keywords: religioznye ob'edineniya, religioznye organizatsii, obshchestvennye ob'edineniya, obshchestvennye organizatsii, nekommercheskie organizatsii, yuridicheskie litsa, sub'ekty grazhdanskogo prava

Аннотация: The article notes that the thought-out system of criminal and legal sanctions is an important tool of crime control. Such modern purposes of applying this system which concern the general and the private prevention are considered in this article, the brief retrospective of application of death penalty since 1397 when it was fixed in the Dvina Judgement Certificate and its subsequent legislative regulation in the Pskov Judgement Certificate of 1467, the Code of Laws of 1467, the Code of Laws of 1550, the Council Code 1649, the Military Field Code of 1812, the Criminal Code of 1903, the Soviet period legislation and up to the present day, which allowed stage by stage to track the tendency to reduction of its application in our country and abroad, as well as criminal consequences of waiving it as a higher measurement of punishment, is made. Further the author analyzes the position which developed in the Russian Federation after introduction of the moratorium on capital punishment, compares main arguments of opponents (abolitionists) and supporters of capital punishment (conservatives), concerning its sociopolitical, moral, religious, historical and cultural, ethic, legal aspects, in particular such as contradiction of capital punishment to the ideas of civilization and progress, Christian dogma, its low preventive value, danger of making a fatal mistake at condemnation of an innocent person, etc. The author directs attention to negative consequences of an effect of the moratorium on capital punishment in the Russian Federation, its replacements with life imprisonment and referring to positive experience of such countries as the USA, Japan, China, Saudi Arabia, which apply it for fulfillment of the most grave crimes against a person, the author makes a conclusion that the moratorium on capital punishment in our country mismatches the imaginations of the majority of the Russian citizens concerning justice and humanity, they consider it as a connivance of the most notorious offender, the indifference to victims of their evil deeds that is why taking into account difficult conditions of the Russian society’s life now it should be cancelled as fast as possible since the death penalty is still necessary.

Ключевые слова: смертная казнь, применение, мораторий, отмена

Abstract: The article notes that the thought-out system of criminal and legal sanctions is an important tool of crime control. Such modern purposes of applying this system which concern the general and the private prevention are considered in this article, the brief retrospective of application of death penalty since 1397 when it was fixed in the Dvina Judgement Certificate and its subsequent legislative regulation in the Pskov Judgement Certificate of 1467, the Code of Laws of 1467, the Code of Laws of 1550, the Council Code 1649, the Military Field Code of 1812, the Criminal Code of 1903, the Soviet period legislation and up to the present day, which allowed stage by stage to track the tendency to reduction of its application in our country and abroad, as well as criminal consequences of waiving it as a higher measurement of punishment, is made. Further the author analyzes the position which developed in the Russian Federation after introduction of the moratorium on capital punishment, compares main arguments of opponents (abolitionists) and supporters of capital punishment (conservatives), concerning its sociopolitical, moral, religious, historical and cultural, ethic, legal aspects, in particular such as contradiction of capital punishment to the ideas of civilization and progress, Christian dogma, its low preventive value, danger of making a fatal mistake at condemnation of an innocent person, etc. The author directs attention to negative consequences of an effect of the moratorium on capital punishment in the Russian Federation, its replacements with life imprisonment and referring to positive experience of such countries as the USA, Japan, China, Saudi Arabia, which apply it for fulfillment of the most grave crimes against a person, the author makes a conclusion that the moratorium on capital punishment in our country mismatches the imaginations of the majority of the Russian citizens concerning justice and humanity, they consider it as a connivance of the most notorious offender, the indifference to victims of their evil deeds that is why taking into account difficult conditions of the Russian society’s life now it should be cancelled as fast as possible since the death penalty is still necessary.

Keywords: primenenie, moratorii, otmena

Аннотация: The subject of this paper is the study of one of the most important issues of criminal procedure today – the mechanism of judicial review of the activity of inquiry and preliminary investigation bodies with respect to the constitutional right to immunity of residence. Thus the critical analysis of different views of the problem and the author’s own guarantee of the right to immunity of residence in criminal justice. However the author believes that the judicial review shouldn’t be idealized and that this instrument of criminal procedure (including the ensuring of the right to immunity of residence) is far from being absolutely perfect and contains a lot of unsolved procedural and practical issues. One of the most important problems pointed to by the author is the so called competition between the preliminary and subsequent judicial review as two independent forms of ensuring legality while conducting investigatory actions. Incidentally, in the modern criminal procedural legislature “competition” is won by the preliminary judicial review; it is this type of review that takes priority over other mechanisms of ensuring the right to immunity of residence. However, neither the international standards of human rights ensuring, nor the provisions of the Constitution of the Russian Federation are the sources of this priority. The author comes to the conclusion that the above mentioned priority is only accounted for by the legislator’s intention to once again demonstrate the Russian Federation’s transition to the entirely new theoretical foundation of criminal justice based on the absolute priority of human rights. At the same time thus created mechanism of judicial review has a certain number of essential flaws amounting to two important problems. The first of them consists in creating additional legal obstacles for quick and efficient criminal investigation at the initial stage. In order to overcome such obstacles preliminary investigation officers often either avoid conducting a number of investigatory actions or abuse the opportunity of conducting such actions in situations of urgency, which only results in aggravating the risk of limiting the right to immunity of residence. The second problem, in the author’s opinion, consists in the fact that the preliminary judicial review during the examination, search of the premises or a seizure from them is conducted secretly and thus makes the adversarial procedure impossible. That, in its turn, by no means conforms with the idea of realisation of judicial power and in fact turns judicial review into a kind of administrative procedure. The author’s analysis of various statistic data leads to the conclusion that this kind of pocedural mechanism is extremely ineffective. Moreover, in his article the author motivates his point of view that this mechanism gives rise to further unsupervised activity of inquire and preliminary investigation bodies. As a result the author makes a conclusion about complete practical incompetence of preliminary judicial review as far as ensuring the right to immunity of residence is concerned. The author sees the way out of the situation in substituting subsequent review for preliminary review. It is the mechanism of subsequent review, according to the author, that will be capable of creating real guarantees for ensuring the right to immunity of residence in criminal justice.

Ключевые слова: досудебное производство, судебный контроль, следственные действия, осмотр, обыск, жилище, неприкосновенность жилища

Abstract: The subject of this paper is the study of one of the most important issues of criminal procedure today – the mechanism of judicial review of the activity of inquiry and preliminary investigation bodies with respect to the constitutional right to immunity of residence. Thus the critical analysis of different views of the problem and the author’s own guarantee of the right to immunity of residence in criminal justice. However the author believes that the judicial review shouldn’t be idealized and that this instrument of criminal procedure (including the ensuring of the right to immunity of residence) is far from being absolutely perfect and contains a lot of unsolved procedural and practical issues. One of the most important problems pointed to by the author is the so called competition between the preliminary and subsequent judicial review as two independent forms of ensuring legality while conducting investigatory actions. Incidentally, in the modern criminal procedural legislature “competition” is won by the preliminary judicial review; it is this type of review that takes priority over other mechanisms of ensuring the right to immunity of residence. However, neither the international standards of human rights ensuring, nor the provisions of the Constitution of the Russian Federation are the sources of this priority. The author comes to the conclusion that the above mentioned priority is only accounted for by the legislator’s intention to once again demonstrate the Russian Federation’s transition to the entirely new theoretical foundation of criminal justice based on the absolute priority of human rights. At the same time thus created mechanism of judicial review has a certain number of essential flaws amounting to two important problems. The first of them consists in creating additional legal obstacles for quick and efficient criminal investigation at the initial stage. In order to overcome such obstacles preliminary investigation officers often either avoid conducting a number of investigatory actions or abuse the opportunity of conducting such actions in situations of urgency, which only results in aggravating the risk of limiting the right to immunity of residence. The second problem, in the author’s opinion, consists in the fact that the preliminary judicial review during the examination, search of the premises or a seizure from them is conducted secretly and thus makes the adversarial procedure impossible. That, in its turn, by no means conforms with the idea of realisation of judicial power and in fact turns judicial review into a kind of administrative procedure. The author’s analysis of various statistic data leads to the conclusion that this kind of pocedural mechanism is extremely ineffective. Moreover, in his article the author motivates his point of view that this mechanism gives rise to further unsupervised activity of inquire and preliminary investigation bodies. As a result the author makes a conclusion about complete practical incompetence of preliminary judicial review as far as ensuring the right to immunity of residence is concerned. The author sees the way out of the situation in substituting subsequent review for preliminary review. It is the mechanism of subsequent review, according to the author, that will be capable of creating real guarantees for ensuring the right to immunity of residence in criminal justice.

Keywords: dosudebnoe proizvodstvo, sledstvennye deistviya, osmotr, obysk, zhilishche

Аннотация: The article contains the analysis of the actual international legal status of the Spitsbergen archipelago. The archipelago was discovered by Russian seafarers in the XIII century. Norwegian hunters appeared there in the XVIII century. The actual international legal status of the Spitsbergen archipelago was determined by the 1920 Treaty. In 1922 Norway officially claimed the Spitsbergen a part of the Norwegian territory. Simultaneously the Mining Code was adopted. 41 state including the Russian Federation is a party to the Treaty. In the legal sense the archipelago belongs to the territories with a special regime. Actually this is the only state land territory in joint use. According to the Law on the Spitsbergen the archipelago falls under the Norwegian jurisdiction. In June 1977 the Norwegian government set a 200-mile fish protection zone around the Spitsbergen. In accordance with this law Norway exerts the control over fishing in the zone. The zone was officially recognized by Finland and Canada only. The USSR and later on Russia did not officially recognize this zone. According to the Norwegian rules during the fishery in the Spitsbergen zone captains of Russian ships must take Norwegian inspectors on board and assist them in carrying out their inspections. Norwegian inspectors as a rule impose a fine on Russian ships, which is two or three times more than the same sanctions against fishermen from the EU countries. Many Russian ships are arrested and fines are imposed on them. In order to bring the situation back to normal the author of the article has elaborated a number of recommendations, among them signing a bilateral agreement on the preservation and rational use of resources and the organization of the joint control over ships. It is also recommended to turn to the International Tribunal for the Law of the Sea (ITLOS) with an action of the legitimacy of setting the fish protection zone around the Spitsbergen by Norway.

Ключевые слова: архипелаг Шпицберген, права Норвегии, рыбоохранная зона, горный устав, аресты судов, защита интересов России

Abstract: The article contains the analysis of the actual international legal status of the Spitsbergen archipelago. The archipelago was discovered by Russian seafarers in the XIII century. Norwegian hunters appeared there in the XVIII century. The actual international legal status of the Spitsbergen archipelago was determined by the 1920 Treaty. In 1922 Norway officially claimed the Spitsbergen a part of the Norwegian territory. Simultaneously the Mining Code was adopted. 41 state including the Russian Federation is a party to the Treaty. In the legal sense the archipelago belongs to the territories with a special regime. Actually this is the only state land territory in joint use. According to the Law on the Spitsbergen the archipelago falls under the Norwegian jurisdiction. In June 1977 the Norwegian government set a 200-mile fish protection zone around the Spitsbergen. In accordance with this law Norway exerts the control over fishing in the zone. The zone was officially recognized by Finland and Canada only. The USSR and later on Russia did not officially recognize this zone. According to the Norwegian rules during the fishery in the Spitsbergen zone captains of Russian ships must take Norwegian inspectors on board and assist them in carrying out their inspections. Norwegian inspectors as a rule impose a fine on Russian ships, which is two or three times more than the same sanctions against fishermen from the EU countries. Many Russian ships are arrested and fines are imposed on them. In order to bring the situation back to normal the author of the article has elaborated a number of recommendations, among them signing a bilateral agreement on the preservation and rational use of resources and the organization of the joint control over ships. It is also recommended to turn to the International Tribunal for the Law of the Sea (ITLOS) with an action of the legitimacy of setting the fish protection zone around the Spitsbergen by Norway.

Keywords: arkhipelag Shpitsbergen, prava Norvegii, rybookhrannaya zona, gornyi ustav, aresty sudov, zashchita interesov Rossii

Аннотация: Local political conflicts definitely have an impact on the insurance of sea transport operations. This action on the system of loss estimation is conclusive. Depositary funds only promote mechanical distribution of charges. Such procedure frequently compromises an optimal solution to the insurance incident. The adequate insurance covering under military risk conditions is difficult to realise. In this case, the reimbursement on insurance deficiency should not cause an overpayment for risk. The fresh approach to maintenance a category of danger involves the universal thesis about certainty of damage what mediates all stages of charge of a paid coverage. Each member from 12 Associations P&I of a mutual insurance reffering shipowners is an independent unit. Therefore the method of attack to the factor of danger can be various. This or that club assigns the military risks to that of liquidity. In so doing compensation of actives only approaches military risks to the obligations under indemnification. It is difficult to doubt about their relation to legal insurance. At the same time the guaranteed payment in terms of the insurance policy is not included into the concept of extreme covering. This circumstance extremely affects procedure of averaging of damage and fair estimation of an insurance case. In this connection, any of the concepts about an increase of financial stability of great risks offered by clubs deserves attention. Insurance brokers overcome an uncooperative altitude to risks from the commission, despite of excessively high level of deduction of the insurance premium. The sphere of a covering of reinsurance pool gets big definiteness. The coordination of insurance payment sizes also undergoes deformation. At no time insurance singles are identical. The affinity to danger will make useless any calculation methodology, expressing a favor of potentially flexible parameters and plurality ways of attraction relative to free actives. Unfortunately, other clubs prefer to take advantage from compensation due to the responsibility for a delay, having generated separate group of obligations on “all risks” classification. The consolidated point of view has not developed yet. Therefore the differentiation of an insurance coverage serves as reliable demonstration of loyalty to the available limits of compensation. It is obvious, that if such concept of local damage will prevail finally the key details of insurance covering will not resist. The commonness of concepts will favor situation, and at the same time will not slow to the affect of constancy of the insurance interest. Finally the insurance premium will overcome aspiration to momentary bias. Then both the payment of debt from an overpayment and action manufacture from the reporting become the uniform mechanism. Otherwise, reinsurance protection methods based on expenses and charges could not level a difference between the insurance rates.

Ключевые слова: страхование, морские перевозки, убытки, потери, клубная практика, P&I, специфические условия, военные риски

Abstract: Local political conflicts definitely have an impact on the insurance of sea transport operations. This action on the system of loss estimation is conclusive. Depositary funds only promote mechanical distribution of charges. Such procedure frequently compromises an optimal solution to the insurance incident. The adequate insurance covering under military risk conditions is difficult to realise. In this case, the reimbursement on insurance deficiency should not cause an overpayment for risk. The fresh approach to maintenance a category of danger involves the universal thesis about certainty of damage what mediates all stages of charge of a paid coverage. Each member from 12 Associations P&I of a mutual insurance reffering shipowners is an independent unit. Therefore the method of attack to the factor of danger can be various. This or that club assigns the military risks to that of liquidity. In so doing compensation of actives only approaches military risks to the obligations under indemnification. It is difficult to doubt about their relation to legal insurance. At the same time the guaranteed payment in terms of the insurance policy is not included into the concept of extreme covering. This circumstance extremely affects procedure of averaging of damage and fair estimation of an insurance case. In this connection, any of the concepts about an increase of financial stability of great risks offered by clubs deserves attention. Insurance brokers overcome an uncooperative altitude to risks from the commission, despite of excessively high level of deduction of the insurance premium. The sphere of a covering of reinsurance pool gets big definiteness. The coordination of insurance payment sizes also undergoes deformation. At no time insurance singles are identical. The affinity to danger will make useless any calculation methodology, expressing a favor of potentially flexible parameters and plurality ways of attraction relative to free actives. Unfortunately, other clubs prefer to take advantage from compensation due to the responsibility for a delay, having generated separate group of obligations on “all risks” classification. The consolidated point of view has not developed yet. Therefore the differentiation of an insurance coverage serves as reliable demonstration of loyalty to the available limits of compensation. It is obvious, that if such concept of local damage will prevail finally the key details of insurance covering will not resist. The commonness of concepts will favor situation, and at the same time will not slow to the affect of constancy of the insurance interest. Finally the insurance premium will overcome aspiration to momentary bias. Then both the payment of debt from an overpayment and action manufacture from the reporting become the uniform mechanism. Otherwise, reinsurance protection methods based on expenses and charges could not level a difference between the insurance rates.

Keywords: strakhovanie, morskie perevozki, ubytki, poteri, klubnaya praktika, P&I, spetsificheskie usloviya, voennye riski

Аннотация: The relations between Russia and European Communities have passed the way from state of “useless indifference” through relations of “partnership and cooperation” to modern relations of “strategic partnership” during two last decades. There is no doubt that is a practical achievement in mutual relations. Existing relations of strategic partnership mean a high level of the relations between Russia and the European Union (EU). The Paradox consists in that the term “strategic partnership” is not defined legally. It is not clear what type of the legal regulation should cover these relations in the future. The term “strategic partnership” means the relations of partnership, which the Parties consider prior, synchronizing common actions. Practically for Russia, they are a real prior relations predestined by unalternative economic dependency from the European market. There is a doubt concerning a prior nature of the relations for the EU. The European law sets other privileged forms of the relations with the third countries, in particular, “association” and “neighbourhood.” The partnership, as a form of the relations between Russia and the EU, is defined legally by the objectives and principles of the Partnership and Cooperation Agreement between Russia and the EU 1994 (PCA). Obligations of the Parties to follow the values and principles, on which a modern development of civilized society is based, are put in the ground of the partnership. The “strategic partnership” is characterized by its aims and objectives stated in Joint statements of the Russia-EU High Level Summits. In this context the “strategic partnership” means the relations of partnership, complemented by the purposes of the regional security and by practical objective to build the Four Common Spaces between the Russia and the EU. Furthermore, the term “strategic partnership” is also used for the relations between the EU and other third countries, as well as between Russia and other countries. This article deals with a legal analysis of concept and principles of strategic partnership between Russia and European Union. Author considers a legal sense of the strategic partnership as modern level of legal relations, analyses etymological, teleological and comparative aspects of the strategic partnership, makes a definition of the strategic partnership from the legal point of view. Also the article contains definition, analysis and classification of principles of the strategic partnership between Russia and EU, specified in the Basis Russia–EU agreement, and in other documents on their mutual relations.

Ключевые слова: Европейский Союз, стратегическое партнерство, право, принципы, Россия

Abstract: The relations between Russia and European Communities have passed the way from state of “useless indifference” through relations of “partnership and cooperation” to modern relations of “strategic partnership” during two last decades. There is no doubt that is a practical achievement in mutual relations. Existing relations of strategic partnership mean a high level of the relations between Russia and the European Union (EU). The Paradox consists in that the term “strategic partnership” is not defined legally. It is not clear what type of the legal regulation should cover these relations in the future. The term “strategic partnership” means the relations of partnership, which the Parties consider prior, synchronizing common actions. Practically for Russia, they are a real prior relations predestined by unalternative economic dependency from the European market. There is a doubt concerning a prior nature of the relations for the EU. The European law sets other privileged forms of the relations with the third countries, in particular, “association” and “neighbourhood.” The partnership, as a form of the relations between Russia and the EU, is defined legally by the objectives and principles of the Partnership and Cooperation Agreement between Russia and the EU 1994 (PCA). Obligations of the Parties to follow the values and principles, on which a modern development of civilized society is based, are put in the ground of the partnership. The “strategic partnership” is characterized by its aims and objectives stated in Joint statements of the Russia-EU High Level Summits. In this context the “strategic partnership” means the relations of partnership, complemented by the purposes of the regional security and by practical objective to build the Four Common Spaces between the Russia and the EU. Furthermore, the term “strategic partnership” is also used for the relations between the EU and other third countries, as well as between Russia and other countries. This article deals with a legal analysis of concept and principles of strategic partnership between Russia and European Union. Author considers a legal sense of the strategic partnership as modern level of legal relations, analyses etymological, teleological and comparative aspects of the strategic partnership, makes a definition of the strategic partnership from the legal point of view. Also the article contains definition, analysis and classification of principles of the strategic partnership between Russia and EU, specified in the Basis Russia–EU agreement, and in other documents on their mutual relations.

Keywords: Evropeiskii Soyuz, strategicheskoe partnerstvo, pravo, printsipy, Rossiya

Аннотация: The trade phenomenon “the live goods” for the purpose of sexual operation of women and children falls outside the limits frontiers and gets transnational character. Today interaction between law-enforcement structures of the sovereign states is one of priority directions of struggle against the organised crime. Many scientists come to conclusion about necessity of studying of an advanced experience on preventive maintenance and suppression of the offences connected with sexual operation of people. On the basis of studying of positive experience of the various states in struggle against a human trafic there is possible a working out of optimum strategy of effective influence on a criminal situation. Russia acts for today as the supplier of young women on the markets of sexual services in various areas of the world. The criminal legislation of Russia establishes strict legal responsibility for a human trafic, including for the purpose of sexual operation. The Russian Federation has joined and carries out norms of the international legal certificates forbidding a human trafic and their sexual operation. However in the conditions of a global economic crisis presence of a wide social base in the form of a great number of jobless people, childrenalcoholics and addicts does not allow our state in necessary measure to cope with this promptly developing branch of criminal business. Habitual methods of law-enforcement structures of Russia on revealing, registration, to preventive maintenance and prostitution suppression any more are not effective. In connection with this problem experience of legal creativity of state structures and a police role in realisation of standard instructions in sphere of counteraction is represented interesting for studying to a human trafic in such European state, as Kingdom of the Netherlands. The prostitution history in the Netherlands totals some centuries. Attempts of the authorities to achieve prostitution prohibition invariably provoked occurrence of corruption, extortion from outside officials, police. After almost three hundred years of struggle against prostitution the state has gone on its legalisation. Since October, 1st, 2000, in the Netherlands the law cancelling an interdiction for the maintenance of brothels and other places for employment by prostitution has come into force. Prostitution has been equal to usual enterprise activity. Prostitutes are obliged to receive now registration of the business and to pay to the state taxes. They have the right to place advertising, to use a legal aid, to receive social benefits, to consist in trade union. The control over correct execution of the legislation on prostitution is assigned to police. The police of the Netherlands is a component of a civil society. It provides protection and safety of inhabitants of the country. In sphere of a human trafic the police conducts the basic struggle against illegal souteneurs and prostitutes who do not wish to register the business. The legislation of the Netherlands provides strict legal responsibility for such persons.The legislation of the Netherlands provides strict legal responsibility for sucIn the Netherlands are developed and effective programs of protection of victims of a human trafic operate. In each police station brochures and posters in which the rights of the women who have become by victims of sexual operation are listed are placed. At local level municipalities are engaged in prostitution regulation. For example, in Amsterdam and in Arnhem the power have taken away for employment by prostitution special “zones” on suburbs of the cities. In these “zones” of the prostitute under supervision of police and physicians are engaged in the business. Results of sociological researches in human trafic sphere have formed for the government of the country a basis for working out of the bill establishing new Regulations of prostitution. Infringement of these rules involves strict legal responsibility for owners of brothels, prostitutes and their clients. Now the bill is on the coordination in parliament committees. Thus, the government of the Netherlands constantly improves the legal base directed on struggle against a human trafic. In the Russian Federation the measures directed on struggle against a human trafic too are taken. However visible results in the decision of this problem did not manage while to achieve. For the problem decision carrying out of the whole complex of the actions including working out of effective kinds and directions of lawenforcement activity is required. The political will of heads of the country is necessary for carrying out of these actions.

Ключевые слова: торговля людьми, взаимодействие между правоохранительными структурами, опыт правотворчества, регулированием проституции на местном уровне

Abstract: The trade phenomenon “the live goods” for the purpose of sexual operation of women and children falls outside the limits frontiers and gets transnational character. Today interaction between law-enforcement structures of the sovereign states is one of priority directions of struggle against the organised crime. Many scientists come to conclusion about necessity of studying of an advanced experience on preventive maintenance and suppression of the offences connected with sexual operation of people. On the basis of studying of positive experience of the various states in struggle against a human trafic there is possible a working out of optimum strategy of effective influence on a criminal situation. Russia acts for today as the supplier of young women on the markets of sexual services in various areas of the world. The criminal legislation of Russia establishes strict legal responsibility for a human trafic, including for the purpose of sexual operation. The Russian Federation has joined and carries out norms of the international legal certificates forbidding a human trafic and their sexual operation. However in the conditions of a global economic crisis presence of a wide social base in the form of a great number of jobless people, childrenalcoholics and addicts does not allow our state in necessary measure to cope with this promptly developing branch of criminal business. Habitual methods of law-enforcement structures of Russia on revealing, registration, to preventive maintenance and prostitution suppression any more are not effective. In connection with this problem experience of legal creativity of state structures and a police role in realisation of standard instructions in sphere of counteraction is represented interesting for studying to a human trafic in such European state, as Kingdom of the Netherlands. The prostitution history in the Netherlands totals some centuries. Attempts of the authorities to achieve prostitution prohibition invariably provoked occurrence of corruption, extortion from outside officials, police. After almost three hundred years of struggle against prostitution the state has gone on its legalisation. Since October, 1st, 2000, in the Netherlands the law cancelling an interdiction for the maintenance of brothels and other places for employment by prostitution has come into force. Prostitution has been equal to usual enterprise activity. Prostitutes are obliged to receive now registration of the business and to pay to the state taxes. They have the right to place advertising, to use a legal aid, to receive social benefits, to consist in trade union. The control over correct execution of the legislation on prostitution is assigned to police. The police of the Netherlands is a component of a civil society. It provides protection and safety of inhabitants of the country. In sphere of a human trafic the police conducts the basic struggle against illegal souteneurs and prostitutes who do not wish to register the business. The legislation of the Netherlands provides strict legal responsibility for such persons.The legislation of the Netherlands provides strict legal responsibility for sucIn the Netherlands are developed and effective programs of protection of victims of a human trafic operate. In each police station brochures and posters in which the rights of the women who have become by victims of sexual operation are listed are placed. At local level municipalities are engaged in prostitution regulation. For example, in Amsterdam and in Arnhem the power have taken away for employment by prostitution special “zones” on suburbs of the cities. In these “zones” of the prostitute under supervision of police and physicians are engaged in the business. Results of sociological researches in human trafic sphere have formed for the government of the country a basis for working out of the bill establishing new Regulations of prostitution. Infringement of these rules involves strict legal responsibility for owners of brothels, prostitutes and their clients. Now the bill is on the coordination in parliament committees. Thus, the government of the Netherlands constantly improves the legal base directed on struggle against a human trafic. In the Russian Federation the measures directed on struggle against a human trafic too are taken. However visible results in the decision of this problem did not manage while to achieve. For the problem decision carrying out of the whole complex of the actions including working out of effective kinds and directions of lawenforcement activity is required. The political will of heads of the country is necessary for carrying out of these actions.

Keywords: opyt pravotvorchestva, regulirovaniem prostitutsii na mestnom urovne