Аннотация: On 3 December, 2008 on the Day of Men of Law, the International Conference devoted to the 15th anniversary of the Constitution of the Russian Federation was held in Moscow State Law Academy. Plenary reports of the prominent scholars participating in the Conference were published in the magazine: Ye.I. Kozlova. Substantiation of New Concepts of the Russian Constitution in Legal Theory N.S. Bondar. Judicial Constitutionalism: Problem Definition in the Context of the Role of the Constitutional Court in Approval of the “Live” Russian Constitutionalism G.N. Komkova. Constitutional Principles of Relations between the Power and an Individual: Implementation in the Present Day Russia A.N. Kokotov. On the Conception of “Law” in the Constitution of the Russian Federation V.I. Fadeyev. The Main Challenges of Implementation of the Constitutional Model of Local Government at the Present Stage

Abstract: On 3 December, 2008 on the Day of Men of Law, the International Conference devoted to the 15th anniversary of the Constitution of the Russian Federation was held in Moscow State Law Academy. Plenary reports of the prominent scholars participating in the Conference were published in the magazine: Ye.I. Kozlova. Substantiation of New Concepts of the Russian Constitution in Legal Theory N.S. Bondar. Judicial Constitutionalism: Problem Definition in the Context of the Role of the Constitutional Court in Approval of the “Live” Russian Constitutionalism G.N. Komkova. Constitutional Principles of Relations between the Power and an Individual: Implementation in the Present Day Russia A.N. Kokotov. On the Conception of “Law” in the Constitution of the Russian Federation V.I. Fadeyev. The Main Challenges of Implementation of the Constitutional Model of Local Government at the Present Stage

Аннотация: The founding fathers of narodnichestvo – A.I. Herzen, N.P. Ogarev. N.G. Chernyshevskii dealt with the prospects of state and law development in the general context of socioeconomic progress. The ideas of freedom and democracy are interwoven in their works with the concepts of a social state, and the problems of constitutional law – with problems of social and labor legislation. In the second half of the 19th century, there came into a sharper focus in Western Europe the discussion on the degree of involvement of a state in economic activity. N.G. Chernyshevskii was one of the first ideologists in Russia to join the polemics between the adherers and opponents of “laissez-faire” – motto of economic liberalism. His conclusions were supported and developed further by other ideologists of the Russian narodnichestvo. Chernyshevskii regarded the “laissez-faire” principle as a derivative from “optimistic philosophy” of the 18th century that gave rise to the concept of a possibility of capitalist economy self-regulation. However, subsequently, economic crises and sharp social conflicts contradicted the theories on “natural movement of everything towards the better” and the “invisible hand” directing private benefit to the general good. While sharing the “benign truths” of economic liberalism, Chernyshevskii thought it was inadmissible to turn liberal ideology into a system of indisputable doctrines of capitalism that retard social progress. He realized eventually that the argument between the advocates of noninterference of a state in economic relations and their opponents has no unambiguous solution because there had always existed both trends in economic and political life as well as in public opinion: both towards more active state management of the economy by the state and minimizing such management. “Reasonable participation of the state in economic affairs and “initiative on the part of private activity” should not rule out, but, rather, are to supplement each other, stressed Chernyshevskii. An optimum combination of the two is not something given once and for all: it will have to be sought in each particular situation, at each historic moment. The state, Chernyshevskii insisted, cannot but have some influence on the economy. The question is: will that influence be transparent and in the interests of the entire society, or will it be tacit – in the interests of plutocracy connected with the government circles? Chernyshevskii believed that what was required was not the “Utopian system of non-interference,” but determining the reasonable limits for unavoidable interference.” The government should not deal with matters that can be settled without its assistance. However, where there arises the threat of heavy economic losses and crucial social injustice, “reasonable participation of the government” is necessary. When he was talking about the “limits” of state interference in economic and social relations, N.G. Chernyshevskii was not an etatist, but, rather, a humanist. According to him, “interference” is unjustified when it leads to sacrificed rights of an individual in order to satisfy the whims of the state,” and it is legitimate when it serves to widen the range of human rights, their guarantees and subjects. The founding fathers of Russian narodnichestvo supported those demands of legislative and financial measures required to improve the life of the peoples’ masses that were put forward in the advanced countries of the West. Herzen, Ogarev and Chernyshevskii were among those thinkers of the 19th century who, being guided by human rights of man and citizen, referred to afterwards as the “rights of the first generation,” started the struggle for socioeconomic “rights of the second generation.” In these matters, the stance of the founding fathers of the Russian narodnichestvo fits in the history of the development of the European sociodemocratic and labor ideology.

Ключевые слова: Конституция, основной закон, отрасль, подотрасль, конституирование

Abstract: The founding fathers of narodnichestvo – A.I. Herzen, N.P. Ogarev. N.G. Chernyshevskii dealt with the prospects of state and law development in the general context of socioeconomic progress. The ideas of freedom and democracy are interwoven in their works with the concepts of a social state, and the problems of constitutional law – with problems of social and labor legislation. In the second half of the 19th century, there came into a sharper focus in Western Europe the discussion on the degree of involvement of a state in economic activity. N.G. Chernyshevskii was one of the first ideologists in Russia to join the polemics between the adherers and opponents of “laissez-faire” – motto of economic liberalism. His conclusions were supported and developed further by other ideologists of the Russian narodnichestvo. Chernyshevskii regarded the “laissez-faire” principle as a derivative from “optimistic philosophy” of the 18th century that gave rise to the concept of a possibility of capitalist economy self-regulation. However, subsequently, economic crises and sharp social conflicts contradicted the theories on “natural movement of everything towards the better” and the “invisible hand” directing private benefit to the general good. While sharing the “benign truths” of economic liberalism, Chernyshevskii thought it was inadmissible to turn liberal ideology into a system of indisputable doctrines of capitalism that retard social progress. He realized eventually that the argument between the advocates of noninterference of a state in economic relations and their opponents has no unambiguous solution because there had always existed both trends in economic and political life as well as in public opinion: both towards more active state management of the economy by the state and minimizing such management. “Reasonable participation of the state in economic affairs and “initiative on the part of private activity” should not rule out, but, rather, are to supplement each other, stressed Chernyshevskii. An optimum combination of the two is not something given once and for all: it will have to be sought in each particular situation, at each historic moment. The state, Chernyshevskii insisted, cannot but have some influence on the economy. The question is: will that influence be transparent and in the interests of the entire society, or will it be tacit – in the interests of plutocracy connected with the government circles? Chernyshevskii believed that what was required was not the “Utopian system of non-interference,” but determining the reasonable limits for unavoidable interference.” The government should not deal with matters that can be settled without its assistance. However, where there arises the threat of heavy economic losses and crucial social injustice, “reasonable participation of the government” is necessary. When he was talking about the “limits” of state interference in economic and social relations, N.G. Chernyshevskii was not an etatist, but, rather, a humanist. According to him, “interference” is unjustified when it leads to sacrificed rights of an individual in order to satisfy the whims of the state,” and it is legitimate when it serves to widen the range of human rights, their guarantees and subjects. The founding fathers of Russian narodnichestvo supported those demands of legislative and financial measures required to improve the life of the peoples’ masses that were put forward in the advanced countries of the West. Herzen, Ogarev and Chernyshevskii were among those thinkers of the 19th century who, being guided by human rights of man and citizen, referred to afterwards as the “rights of the first generation,” started the struggle for socioeconomic “rights of the second generation.” In these matters, the stance of the founding fathers of the Russian narodnichestvo fits in the history of the development of the European sociodemocratic and labor ideology.

Keywords: Konstitutsiya, osnovnoi zakon, konstituirovanie

Аннотация: A modern epoch produces the requirements to the process of cooperation of the in a civilized manner-legal systems. So scale influencing of legal ideas of the West and the East will fail, if before existing social and legal structures will not be taken into account. It is impossible to take the modern process of acculturation only to mechanical co-operation. The modern legal world stands on the threshold of new alternative, the search of decision of legal problems goes within the framework of this process. For example, collision of society and religious right, docking of cultures of east and western civilizations. The process of acculturation is determined ethnic, political, cultural and by other originality, combination of different receptions and methods of affecting legal systems of incoming in a contact groups. Therefore there are different ways, characteristic features of legal acculturation for every sociuma In this work on the example of Russia the features of legal acculturation, its forms, methods and results, are probed. Russia belongs to the digit of countries, in a civilized manner-legal system, which once or twice changed as a result of legal acculturation. It was not elemental copying of stranger standards of life, including legal, and their conscious and systematic borrowing. True, borrowing of stranger legal experience was almost always going after, therefore some lawyers name Russian civilization civilization of “going after development.” Thus, legal acculturation for Russia came forward as one of basic mechanisms of modernization sociokultur, including legal, systems. During millenniums a country once or twice spoke to borrowing of stranger legal tradition. Thus legal аккультурация was carried out on initiative of public power and carried out in different forms, by different ways and methods. Therefore we suggest to distinguish the followings stages of legal acculturation in Russia: traditionally-religious, mongolo-tatar dominion, Russian centralized state, empire, totalitarian (soviet), democratic (modern). In durance vile an author marks works, that legal acculturation it is the concretely-historical phenomenon which it is impossible to probe without historical and cultural descriptions of concrete of incoming in a contact groups. Ignoring of cultural originality of one or another people, including features of their legal systems and cultures hampers the process of legal acculturation. Today domestic ethnologists, anthropologists, philosophy, produced enormous material which allows to probe legal acculturation in the civilization measuring. It is therefore necessary to continue to probe the problem of cultural co-operation in the conditions of global integration.

Ключевые слова: Конституция, основной закон, конституционализм, Конституционный Суд, глобализация

Abstract: A modern epoch produces the requirements to the process of cooperation of the in a civilized manner-legal systems. So scale influencing of legal ideas of the West and the East will fail, if before existing social and legal structures will not be taken into account. It is impossible to take the modern process of acculturation only to mechanical co-operation. The modern legal world stands on the threshold of new alternative, the search of decision of legal problems goes within the framework of this process. For example, collision of society and religious right, docking of cultures of east and western civilizations. The process of acculturation is determined ethnic, political, cultural and by other originality, combination of different receptions and methods of affecting legal systems of incoming in a contact groups. Therefore there are different ways, characteristic features of legal acculturation for every sociuma In this work on the example of Russia the features of legal acculturation, its forms, methods and results, are probed. Russia belongs to the digit of countries, in a civilized manner-legal system, which once or twice changed as a result of legal acculturation. It was not elemental copying of stranger standards of life, including legal, and their conscious and systematic borrowing. True, borrowing of stranger legal experience was almost always going after, therefore some lawyers name Russian civilization civilization of “going after development.” Thus, legal acculturation for Russia came forward as one of basic mechanisms of modernization sociokultur, including legal, systems. During millenniums a country once or twice spoke to borrowing of stranger legal tradition. Thus legal аккультурация was carried out on initiative of public power and carried out in different forms, by different ways and methods. Therefore we suggest to distinguish the followings stages of legal acculturation in Russia: traditionally-religious, mongolo-tatar dominion, Russian centralized state, empire, totalitarian (soviet), democratic (modern). In durance vile an author marks works, that legal acculturation it is the concretely-historical phenomenon which it is impossible to probe without historical and cultural descriptions of concrete of incoming in a contact groups. Ignoring of cultural originality of one or another people, including features of their legal systems and cultures hampers the process of legal acculturation. Today domestic ethnologists, anthropologists, philosophy, produced enormous material which allows to probe legal acculturation in the civilization measuring. It is therefore necessary to continue to probe the problem of cultural co-operation in the conditions of global integration.

Keywords: Konstitutsiya, osnovnoi zakon, konstitutsionalizm, Konstitutsionnyi Sud, globalizatsiya

Аннотация: In clause the system of scientific knowledge in the field of interpretation of the law is considered. This knowledge is called as the theory of interpretation of the law which is a component of the general theory of law. The author pays attention to the importance of system of knowledge of interpretation of the law for jurisprudence and practice, and also for training a legal specialty. Thus it is marked, that for the modern educational literature under the theory of the law there is high degree of “making theoretic,” and existence of the big number of concepts on those or other questions. It to the full concerns also to teaching the theory of interpretation of the law where are especially important definiteness at a statement of a teaching material, its reference to practice. Subject of the theory of interpretation of the law are the general laws of interpretation of the law as one of kinds of legal activity. Their knowledge has great value as for the further development of the theory of interpretation of the law, and for practical activities in this area. Therefore the laws revealed by this theory should be considered by branch jurisprudence, and also by subjects of law-using. The important role is played also with the conceptual device of the theory of interpretation of the law. In clause it is marked, that now there isn’t, perhaps, any concept of this theory which would be treated in jurisprudence in one way. In structure of scientific knowledge of interpretation of the law the author allocates following sections: “system of theoretical knowledge of interpretation of the law,” “interpretation of the law as activity,” “object of interpretation of the law,” “subjects of interpretation of the law,” “ways of interpretation of the law,” “stages of interpretation of the law,” “results of interpretation of the law,” “certificates of interpretation of the law.” Necessity of allocation of these sections is proved and the characteristic of each of them is given. It is not necessary to allocate as independent section in the theory of interpretation of the law the questions connected with interpretation of normative contracts. The activity connected with their interpretation, doesn’t differ from interpretation of normative legal certificates. Finishing clause, the author emphasizes, that though in jurisprudence certain knowledge in the field of interpretation of the right are saved up, however, hardly there is developed enough, effectively helping in the decision of various practical problems a theory of interpretation of the law. In the given theory many contradictions and blanks are found out. For these reasons it is impossible to find clear and precise answers to a lot of pressing questions of interpretation of the law in the literature. The jurisprudence should eliminate these lacks and create the theory of interpretation of the law which would meet the requirements and could be demanded in practice.

Ключевые слова: личность, власть, реализация, Конституция, основной закон

Abstract: In clause the system of scientific knowledge in the field of interpretation of the law is considered. This knowledge is called as the theory of interpretation of the law which is a component of the general theory of law. The author pays attention to the importance of system of knowledge of interpretation of the law for jurisprudence and practice, and also for training a legal specialty. Thus it is marked, that for the modern educational literature under the theory of the law there is high degree of “making theoretic,” and existence of the big number of concepts on those or other questions. It to the full concerns also to teaching the theory of interpretation of the law where are especially important definiteness at a statement of a teaching material, its reference to practice. Subject of the theory of interpretation of the law are the general laws of interpretation of the law as one of kinds of legal activity. Their knowledge has great value as for the further development of the theory of interpretation of the law, and for practical activities in this area. Therefore the laws revealed by this theory should be considered by branch jurisprudence, and also by subjects of law-using. The important role is played also with the conceptual device of the theory of interpretation of the law. In clause it is marked, that now there isn’t, perhaps, any concept of this theory which would be treated in jurisprudence in one way. In structure of scientific knowledge of interpretation of the law the author allocates following sections: “system of theoretical knowledge of interpretation of the law,” “interpretation of the law as activity,” “object of interpretation of the law,” “subjects of interpretation of the law,” “ways of interpretation of the law,” “stages of interpretation of the law,” “results of interpretation of the law,” “certificates of interpretation of the law.” Necessity of allocation of these sections is proved and the characteristic of each of them is given. It is not necessary to allocate as independent section in the theory of interpretation of the law the questions connected with interpretation of normative contracts. The activity connected with their interpretation, doesn’t differ from interpretation of normative legal certificates. Finishing clause, the author emphasizes, that though in jurisprudence certain knowledge in the field of interpretation of the right are saved up, however, hardly there is developed enough, effectively helping in the decision of various practical problems a theory of interpretation of the law. In the given theory many contradictions and blanks are found out. For these reasons it is impossible to find clear and precise answers to a lot of pressing questions of interpretation of the law in the literature. The jurisprudence should eliminate these lacks and create the theory of interpretation of the law which would meet the requirements and could be demanded in practice.

Keywords: realizatsiya, Konstitutsiya, osnovnoi zakon

Аннотация: The Russian Federation is democratic federative law-governed state with a republican from of government. State power in the Russian Federation is exercised by the President, the Federal Assembly, the Government and the courts. The President of the Russian Federation is the Head of State. The President is the guarantor of the Constitution and of human rights and freedoms. He takes measures to protect the sovereignty of Russia, its independence and state integrity. The President determines the basic objectives of the internal and foreign policy of the state. He represents the Russian Federation within country and abroad. The President is elected for the term of four years by citizens of Russia on the basis of universal, equal, direct suffrage by secret ballot. The President of the Russian Federation approve federal laws. The Federal Assembly – parliament of Russian Federation – is representative and legislative body. The Federal Assembly consists of two chambers – the Federation Council and the State Duma. Federal laws adopted by State Duma are submitted for examination by the Federation Council. 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 and federal law. 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 guidelines. The federal and state governments formed under the Constitution. Constitutional law is the leading branch of the whole system of law. Its principal source is the country’s Constitution. It deals with social structure, the state system, organization of state power and the legal status of citizens. Administrative law is closely connected with constitutional law but it deals with legal forms of concrete executive and administrative activity of the government and ministries. Financial law regulates the budget, taxation, state credits and other spheres of financial activity.

Ключевые слова: Конституция, основной закон, закон, федеральный закон, федеральный конституционный закон, закон о поправках к Конституции

Abstract: The Russian Federation is democratic federative law-governed state with a republican from of government. State power in the Russian Federation is exercised by the President, the Federal Assembly, the Government and the courts. The President of the Russian Federation is the Head of State. The President is the guarantor of the Constitution and of human rights and freedoms. He takes measures to protect the sovereignty of Russia, its independence and state integrity. The President determines the basic objectives of the internal and foreign policy of the state. He represents the Russian Federation within country and abroad. The President is elected for the term of four years by citizens of Russia on the basis of universal, equal, direct suffrage by secret ballot. The President of the Russian Federation approve federal laws. The Federal Assembly – parliament of Russian Federation – is representative and legislative body. The Federal Assembly consists of two chambers – the Federation Council and the State Duma. Federal laws adopted by State Duma are submitted for examination by the Federation Council. 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 and federal law. 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 guidelines. The federal and state governments formed under the Constitution. Constitutional law is the leading branch of the whole system of law. Its principal source is the country’s Constitution. It deals with social structure, the state system, organization of state power and the legal status of citizens. Administrative law is closely connected with constitutional law but it deals with legal forms of concrete executive and administrative activity of the government and ministries. Financial law regulates the budget, taxation, state credits and other spheres of financial activity.

Keywords: Konstitutsiya, osnovnoi zakon, zakon, zakon o popravkakh k Konstitutsii

Аннотация: The article treats the variety of views on action and inaction as crimes typical of Russian criminal law of classical, soviet and modern periods and the way they are stipulated by the corresponding criminal and political situations. Classical crime teaching is represented here as a scheme of theoretical premises. A deed is an infringement on a legal norm possessing certain intrinsic properties. The latter find their expression in action, inaction or combination of the two. Thus action and inaction had been interpreted as juridical forms of criminal deed (juridical action and juridical inaction). At the basis of this system of views lies the notion of a crime as criminal- juridical category. The definition of this notion in the classical Russian criminal law was purely formal and treated legal norm as the object of the crime. Consequently the essence of the deed was linked with infringement upon law (or infringement upon the norm) and entailed differentiation of the juridical content of the forms of deeds. Classical treatment of the notion of crime should differ from its material treatment in the same way as formal definition of crime differs from its material definition. If we start from the premise that “crime” as juridical category has no formal property, then “deed” as an objective part of imputation does not possess any formal juridical features either. Consequently various forms of the “deed” are devoid of their own juridical properties. Russian up-to-date criminal and legal doctrine defines crime as a notion possessing formal and material nature at the same time. Criminal and political meanings of the formal and material definitions differ so much that to form a new criminal-juridical category through their synthesis and coordination is not possible. They are so different that we may even call them antagonistic. Representation of “crime” as a synthetic category possessing formal and material nature at the same time reflect the attempts of scientists to create a new criminal juridical conception different from those underlying the systems of classical and soviet criminal law in Russia. Though Russian criminal law excludes precidential law, the essence of “crime” category remains material which is indicated in the degree of its social danger. Practically modern Russian criminal law does not contain any conceptual foundations which might allow to differentiate juridical content of action and inaction; the latter must be recognized as forms of behaviour determining manifestations of the individual consciousness and will.

Ключевые слова: Конституция, основной закон, местное самоуправление, муниципальная власть, муниципальное образование

Abstract: The article treats the variety of views on action and inaction as crimes typical of Russian criminal law of classical, soviet and modern periods and the way they are stipulated by the corresponding criminal and political situations. Classical crime teaching is represented here as a scheme of theoretical premises. A deed is an infringement on a legal norm possessing certain intrinsic properties. The latter find their expression in action, inaction or combination of the two. Thus action and inaction had been interpreted as juridical forms of criminal deed (juridical action and juridical inaction). At the basis of this system of views lies the notion of a crime as criminal- juridical category. The definition of this notion in the classical Russian criminal law was purely formal and treated legal norm as the object of the crime. Consequently the essence of the deed was linked with infringement upon law (or infringement upon the norm) and entailed differentiation of the juridical content of the forms of deeds. Classical treatment of the notion of crime should differ from its material treatment in the same way as formal definition of crime differs from its material definition. If we start from the premise that “crime” as juridical category has no formal property, then “deed” as an objective part of imputation does not possess any formal juridical features either. Consequently various forms of the “deed” are devoid of their own juridical properties. Russian up-to-date criminal and legal doctrine defines crime as a notion possessing formal and material nature at the same time. Criminal and political meanings of the formal and material definitions differ so much that to form a new criminal-juridical category through their synthesis and coordination is not possible. They are so different that we may even call them antagonistic. Representation of “crime” as a synthetic category possessing formal and material nature at the same time reflect the attempts of scientists to create a new criminal juridical conception different from those underlying the systems of classical and soviet criminal law in Russia. Though Russian criminal law excludes precidential law, the essence of “crime” category remains material which is indicated in the degree of its social danger. Practically modern Russian criminal law does not contain any conceptual foundations which might allow to differentiate juridical content of action and inaction; the latter must be recognized as forms of behaviour determining manifestations of the individual consciousness and will.

Keywords: Konstitutsiya, osnovnoi zakon, mestnoe samoupravlenie

Аннотация: The article covers the research of the Russian Civil Procedural Legislation progress in the course of the 20th and 21st centuries, the analysis of legal regulation of civil cases proceedings in the exercise of supervisory functions. One of the great problems of modern Russian civil procedure is a problem of the supervisory instance court. This is most reform phase in all civil procedure during 15 years last its legal transformation. The article considers the issue of limits of case trial by supervisory– instance court, scrutinizes the statutory grounds for the review of judgment which has entered into legal force and their last twenty years’ history. Such requirements provided by the Law as legality and justification of court decisions are analyzed here along with brief characteristics, notions, essence and interaction of mentioned requirements. Further in this article, an influence of Law requirements such as legality and justification of court judgment on the process of the above grounds’ definition by the lawgivers and those grounds interpretation by the courts is viewed over the period of supervisory instance existence in the Soviet and Russian civil litigation. The Author of this article focuses on study, interpretation and the definition of the rules put in the Civil Procedure Code of the Russian Federation by the Federal Law dated December 4, 2007. Based on the analysis of legal positions of the European Court of Human Rights, of Constitutional Court of the Russian Federation, of The Supreme Court of the Russian Federation and on practice of Presidium of the Supreme Court of the Russian Federation, the attempt is undertaken to construe the content of current procedural rules strengthening the grounds for the vacation of court judgment in the exercise of supervisory powers. Author’s attitude is specifically stated in this article as to what substantial infringements of material or procedural law rules, having influenced outcome of the case, are considered to be the grounds for vacation of the court judgment in the exercise of supervisory powers. Very important idea – put all unconditional procedure reasons (equal unconditional procedure reasons in revision phase and appellation phase – art. 364 Civil Procedure Code) on the list of supervisory’s reasons. But with all supervisory’s reasons apply one reservation – each of them must be considerable. The category “public interest protected by law” had also been looked into in the context of the analysis of the grounds for vacation of court judgment.

Ключевые слова: народничество, Герцен, laissez faire, laissez passer, невмешательство государства

Abstract: The article covers the research of the Russian Civil Procedural Legislation progress in the course of the 20th and 21st centuries, the analysis of legal regulation of civil cases proceedings in the exercise of supervisory functions. One of the great problems of modern Russian civil procedure is a problem of the supervisory instance court. This is most reform phase in all civil procedure during 15 years last its legal transformation. The article considers the issue of limits of case trial by supervisory– instance court, scrutinizes the statutory grounds for the review of judgment which has entered into legal force and their last twenty years’ history. Such requirements provided by the Law as legality and justification of court decisions are analyzed here along with brief characteristics, notions, essence and interaction of mentioned requirements. Further in this article, an influence of Law requirements such as legality and justification of court judgment on the process of the above grounds’ definition by the lawgivers and those grounds interpretation by the courts is viewed over the period of supervisory instance existence in the Soviet and Russian civil litigation. The Author of this article focuses on study, interpretation and the definition of the rules put in the Civil Procedure Code of the Russian Federation by the Federal Law dated December 4, 2007. Based on the analysis of legal positions of the European Court of Human Rights, of Constitutional Court of the Russian Federation, of The Supreme Court of the Russian Federation and on practice of Presidium of the Supreme Court of the Russian Federation, the attempt is undertaken to construe the content of current procedural rules strengthening the grounds for the vacation of court judgment in the exercise of supervisory powers. Author’s attitude is specifically stated in this article as to what substantial infringements of material or procedural law rules, having influenced outcome of the case, are considered to be the grounds for vacation of the court judgment in the exercise of supervisory powers. Very important idea – put all unconditional procedure reasons (equal unconditional procedure reasons in revision phase and appellation phase – art. 364 Civil Procedure Code) on the list of supervisory’s reasons. But with all supervisory’s reasons apply one reservation – each of them must be considerable. The category “public interest protected by law” had also been looked into in the context of the analysis of the grounds for vacation of court judgment.

Keywords: narodnichestvo, Gertsen, laissez faire, laissez passer

Аннотация: This article is devoted, in the author’s opinion, to one of the most pressing problems in modern tax laws that can be formulated as gaining tax advantage from business relations with so-called “fly-by-night companies.” The commodity turnover that has formed in Russian Federation shows that more than one half of companies registered in our country are founded with the purpose of tax avoidance. The usage of such organizations in tax evasion schemes is vividly illustrated in notorious court cases against such companies as “UKOS,” “Rusneft,” “MIAN” and others. Still, up to now there is no unified approach to the legal estimation of the transactions in which such a “vicious” company is a party to the trade. The tendency of judiciary law enables us to claim that in our country courts gradually cease applying to such an important presumption as innocence of a tax payer. It often happens that it is a tax bearer, who carries a burden of adducing evidence of his/her conscientiousness despite the fact of public legal relations in which tax officers have potentially wider legal opportunities. Such situation justifies scientific community’s opinion about the necessity of reviewing the abovementioned tendency, with the balance between a tax office’s and a taxpayer’s interests kept. In this connection the important thing is the application of a scientifically-founded approach to trying similar disputes, taking into consideration common regularities of tax law in the whole jurisprudence system. This article represents an attempt to introduce such a theoretical conception. Chasing this task, on the base of law enforcement practice, the author points out the characteristic features and classifies fly-by-night companies, defines the extent of their influence on a tax bearer’s tax risks. On the ground of studying modern researches in tax law science the author makes a conclusion that the main thing in the case of having a dispute should be the exposure of the economic operations reality, not defining a contractor’s civil- law status. Undoubtedly, a party to the trade’s defective status can be a reason for the declaration of a deal’s invalidity, but only in civil-law relations. For tax purposes it is the fact of making an economic transaction that is important. The attention also should be drawn to the attendant payment (to be exact real commodity and money movement). The existence of such circumstances should be a subject to be proven in such disputes. Other point of view would broaden tax control purposes and would transfer into the sphere of civillaw relations.

Ключевые слова: аккультурация, правовая аккультурация, этап аккультурации, кросскультурное взаимодействие, ассимиляция

Abstract: This article is devoted, in the author’s opinion, to one of the most pressing problems in modern tax laws that can be formulated as gaining tax advantage from business relations with so-called “fly-by-night companies.” The commodity turnover that has formed in Russian Federation shows that more than one half of companies registered in our country are founded with the purpose of tax avoidance. The usage of such organizations in tax evasion schemes is vividly illustrated in notorious court cases against such companies as “UKOS,” “Rusneft,” “MIAN” and others. Still, up to now there is no unified approach to the legal estimation of the transactions in which such a “vicious” company is a party to the trade. The tendency of judiciary law enables us to claim that in our country courts gradually cease applying to such an important presumption as innocence of a tax payer. It often happens that it is a tax bearer, who carries a burden of adducing evidence of his/her conscientiousness despite the fact of public legal relations in which tax officers have potentially wider legal opportunities. Such situation justifies scientific community’s opinion about the necessity of reviewing the abovementioned tendency, with the balance between a tax office’s and a taxpayer’s interests kept. In this connection the important thing is the application of a scientifically-founded approach to trying similar disputes, taking into consideration common regularities of tax law in the whole jurisprudence system. This article represents an attempt to introduce such a theoretical conception. Chasing this task, on the base of law enforcement practice, the author points out the characteristic features and classifies fly-by-night companies, defines the extent of their influence on a tax bearer’s tax risks. On the ground of studying modern researches in tax law science the author makes a conclusion that the main thing in the case of having a dispute should be the exposure of the economic operations reality, not defining a contractor’s civil- law status. Undoubtedly, a party to the trade’s defective status can be a reason for the declaration of a deal’s invalidity, but only in civil-law relations. For tax purposes it is the fact of making an economic transaction that is important. The attention also should be drawn to the attendant payment (to be exact real commodity and money movement). The existence of such circumstances should be a subject to be proven in such disputes. Other point of view would broaden tax control purposes and would transfer into the sphere of civillaw relations.

Keywords: assimilyatsiya

Аннотация: In this article the author analyzes international treaties and decisions of intergovernmental organizations, which determine or clarify the legal regime of international watercourses. A number of doctrines is carefully considered in the article including the doctrine of absolute territorial sovereignty, the doctrine of territorial integration, the doctrine of initial acquisition, the doctrine of equitable use of water resources, the doctrine of common management of water resources and watercourses, and other modern doctrines. In the author’s opinion, the legal regime of international watercourses and their resources is regulated by the following principles: the principle of optimal and rational use of resources, the principle of non-discrimination in the use of spaces and resources of international watercourses, the principle of prevention of contamination of international watercourses, the principle of the freedom of shipping by navigable waterways, the principle of precautionary measures. The existence of the abovementioned principles permitted to formulate an opinion, according to which a new branch of law has been formed in international law – law of international watercourses. The Russian Federation bilateral agreements on the use of watercourses are studied in the article. The term “international watercourses” can be applied not only to rivers, but also to international lakes. There exists more than 100 transboundary lakes in the world. The legal regime of these lakes is determined by respective agreements of coastal states. Almost each one of them has its own regime of navigation, fishing, etc. According to their international legal standing transboundary lakes are divided into two categories: regular transboundary lakes and those open to third parties for international navigation and fishing. The article is based of the analysis of the doctrinal literature, international treaties and decisions of international courts and arbitration.

Ключевые слова: толкование права, теория права, право, теория толкования, уяснение, разъяснение

Abstract: In this article the author analyzes international treaties and decisions of intergovernmental organizations, which determine or clarify the legal regime of international watercourses. A number of doctrines is carefully considered in the article including the doctrine of absolute territorial sovereignty, the doctrine of territorial integration, the doctrine of initial acquisition, the doctrine of equitable use of water resources, the doctrine of common management of water resources and watercourses, and other modern doctrines. In the author’s opinion, the legal regime of international watercourses and their resources is regulated by the following principles: the principle of optimal and rational use of resources, the principle of non-discrimination in the use of spaces and resources of international watercourses, the principle of prevention of contamination of international watercourses, the principle of the freedom of shipping by navigable waterways, the principle of precautionary measures. The existence of the abovementioned principles permitted to formulate an opinion, according to which a new branch of law has been formed in international law – law of international watercourses. The Russian Federation bilateral agreements on the use of watercourses are studied in the article. The term “international watercourses” can be applied not only to rivers, but also to international lakes. There exists more than 100 transboundary lakes in the world. The legal regime of these lakes is determined by respective agreements of coastal states. Almost each one of them has its own regime of navigation, fishing, etc. According to their international legal standing transboundary lakes are divided into two categories: regular transboundary lakes and those open to third parties for international navigation and fishing. The article is based of the analysis of the doctrinal literature, international treaties and decisions of international courts and arbitration.

Keywords: tolkovanie prava, teoriya prava, pravo, teoriya tolkovaniya, uyasnenie, raz'yasnenie

Аннотация: The objectives and principles of international legal safeguards are their fundamentals defining the legality of international legal safeguards and specifying the vector of their development in the legal reference system. Such objectives and principles as establishment and development of friendly relations, safeguarding of security of states, protection of rights and interests of individuals, generality of safeguards, their commensurability and effectiveness, etc. are of the utmost importance with regard to this matter. In full accordance with the objectives and principles of the safeguards, the content of the latter is the following: 1) maintaining of the definite established state of affairs (this constituent of the content of the safeguards agrees with one of the objectives); 2) ensuring of acts (omission of acts) stipulated by the international treaties and agreements; 3) measures to achieve the effectiveness or to maintain the firmness and stability of some rule (provision), etc. The following shall be ranked among the rights of guarantors: a) a right to participate in safeguards agreements; b) a right to determine the scope and specific content of any given international safeguard on an equal basis with the others; c) a right at one’s own discretion to select specific measures of implementation of one’s safeguards obligations in case of breach of the underlying agreement (undoubtedly, acts of force applied by guarantor for the purpose of ensuring of his obligations is not allowed). If the matter is related to ensuring of collective safeguards the guarantors are entitled to determine actions to influence the infringer by means of making of a written agreement. Obligations of guarantors are of more importance since their execution has a defining meaning for the outcome of the safeguarded international agreement. The international law is aware of the wide range of obligations of guarantors: prohibition to impose any behavior model upon the state whose interests the guarantor undertook to protect, to interfere directly or indirectly intro the affairs of the state, to occupy a part of the territory of any state supposedly for the purpose of ensuring of the safeguards obligations, to violate the rights of the state under protection, to render assistance not stipulated under the safeguards agreement, to impart a meaning to the ensured agreement that is not in line with the interpretation of the agreement by the parties under the agreement. The summarizing obligation of the guarantor is to take all the possible measures for the purpose of stimulating of the participants of the agreement to execute the international agreement consistently. Besides, it is important that the guarantors are imbued with understanding of the fact that they shall ensure the rights and interests being violated irrespective of how disadvantageous it may turn out to be for them. Inadmissibility of deviation from the safeguards obligations in case of breaching of the agreements by other guarantors is deemed to be an obligation of the guarantor under the agreement. Class of form of international legal safeguards is of interest in addition to their content. Content and form as two closely interrelated concepts are considered in the same context. With regard to international legal safeguards it is due to the fact that the content comprising the unity of all the legal constituents exists and is expressed by means of a form. A form of international legal safeguards is presented as an agreed instrument by means of which the safeguards given by one state to the other state can obtain explicit or textual nature. Therefore, content and form of safeguards are closely connected and inseparable. A form of safeguards is in writing. Only owing to languages any international safeguards become explicit. International legal safeguards of agreements shall be classified in two groups in terms of their nature, namely, general and special. General safeguards may be of two levels: a) general safeguards on bilateral basis; b) general safeguards on multilateral basis within the scope of multi-purpose and regional organizations for collective security. Being a means of effective enforcement of international legal norms and regulations, international safeguards differ in objects and subjects. Ensuring of security of a state, integrity and inviolability of its territory, certain status, state of affairs, etc. may be the objects of safeguards. It is assumed that states may be the subjects of safeguards as they are the only sovereign entities. Depending on the number of states participating in ensuring of international legal safeguards, it is conventional to distinguish simple (individual) and complex (collective) safeguards.

Ключевые слова: нормативный правовой акт, Федеральное собрание, классификация нормативных правовых актов, типология нормативных правовых актов, административная норма

Abstract: The objectives and principles of international legal safeguards are their fundamentals defining the legality of international legal safeguards and specifying the vector of their development in the legal reference system. Such objectives and principles as establishment and development of friendly relations, safeguarding of security of states, protection of rights and interests of individuals, generality of safeguards, their commensurability and effectiveness, etc. are of the utmost importance with regard to this matter. In full accordance with the objectives and principles of the safeguards, the content of the latter is the following: 1) maintaining of the definite established state of affairs (this constituent of the content of the safeguards agrees with one of the objectives); 2) ensuring of acts (omission of acts) stipulated by the international treaties and agreements; 3) measures to achieve the effectiveness or to maintain the firmness and stability of some rule (provision), etc. The following shall be ranked among the rights of guarantors: a) a right to participate in safeguards agreements; b) a right to determine the scope and specific content of any given international safeguard on an equal basis with the others; c) a right at one’s own discretion to select specific measures of implementation of one’s safeguards obligations in case of breach of the underlying agreement (undoubtedly, acts of force applied by guarantor for the purpose of ensuring of his obligations is not allowed). If the matter is related to ensuring of collective safeguards the guarantors are entitled to determine actions to influence the infringer by means of making of a written agreement. Obligations of guarantors are of more importance since their execution has a defining meaning for the outcome of the safeguarded international agreement. The international law is aware of the wide range of obligations of guarantors: prohibition to impose any behavior model upon the state whose interests the guarantor undertook to protect, to interfere directly or indirectly intro the affairs of the state, to occupy a part of the territory of any state supposedly for the purpose of ensuring of the safeguards obligations, to violate the rights of the state under protection, to render assistance not stipulated under the safeguards agreement, to impart a meaning to the ensured agreement that is not in line with the interpretation of the agreement by the parties under the agreement. The summarizing obligation of the guarantor is to take all the possible measures for the purpose of stimulating of the participants of the agreement to execute the international agreement consistently. Besides, it is important that the guarantors are imbued with understanding of the fact that they shall ensure the rights and interests being violated irrespective of how disadvantageous it may turn out to be for them. Inadmissibility of deviation from the safeguards obligations in case of breaching of the agreements by other guarantors is deemed to be an obligation of the guarantor under the agreement. Class of form of international legal safeguards is of interest in addition to their content. Content and form as two closely interrelated concepts are considered in the same context. With regard to international legal safeguards it is due to the fact that the content comprising the unity of all the legal constituents exists and is expressed by means of a form. A form of international legal safeguards is presented as an agreed instrument by means of which the safeguards given by one state to the other state can obtain explicit or textual nature. Therefore, content and form of safeguards are closely connected and inseparable. A form of safeguards is in writing. Only owing to languages any international safeguards become explicit. International legal safeguards of agreements shall be classified in two groups in terms of their nature, namely, general and special. General safeguards may be of two levels: a) general safeguards on bilateral basis; b) general safeguards on multilateral basis within the scope of multi-purpose and regional organizations for collective security. Being a means of effective enforcement of international legal norms and regulations, international safeguards differ in objects and subjects. Ensuring of security of a state, integrity and inviolability of its territory, certain status, state of affairs, etc. may be the objects of safeguards. It is assumed that states may be the subjects of safeguards as they are the only sovereign entities. Depending on the number of states participating in ensuring of international legal safeguards, it is conventional to distinguish simple (individual) and complex (collective) safeguards.

Keywords: normativnyi pravovoi akt, klassifikatsiya normativnykh pravovykh aktov, tipologiya normativnykh pravovykh aktov, administrativnaya norma

Аннотация: Evolution of concept “a non-standard vessel” occurs slowly enough. The thesis about infringement of conditions of traditional technology of shipment, arrangement of structurally not stipulated rooms, apertures in the case is forced to cooperate constantly with other distinctive attributes “substandard shipping,” the numerous engineering updatings presented, for example, altering technical properties of a vessel. The various innovative technical attributes, actually, also call for reference of similar vessels in the isolated register classifying them. Unfortunately, the considerable number “substandard shipping” is involved in transportation of oil, nocuous, dangerous substances. The international convention on approach of the responsibility and on compensation of damage in connection with sea transportation dangerous, and as nocuous substances (HNS Convention), operating in last edition from October, 20th, 2006, it is necessary to express only the proved anxiety in this plan. Whereas definition of criteria of seaworthiness of a non-standard vessel at all does not release from the sanction of diverse aspects of transboundary insurance. Thus stabilization of the sizes of insured risks hardly will occur. Though it is possible to count on an invariance of recommended franchises, or to hope for specific properties of a cargo. But the bottom rod of reinsurance of a nonstandard vessel in any case begins to support that limit, whose estimated level while is inaccessible to the insurer. The individualization of the insurer or the insurant, certainly, takes place and becomes one of probable variations of development of all insurance business, as a whole. The final specification of a vessel will necessarily specify probable restrictions in sphere of action of separate clubs P & I, to one these opposing itself to other clubs of a mutual insurance. On positions by way of formation of an insurance covering it is not necessary to be afraid of dissociation of clubs. To what policy P & I Clubs would not adhere, denying of rules of bonus payments, let alone trends of an estimation of got risk, concerns to a category of the drama decision. Objective complexities are necessary for investigating. Still it is necessary to consider as the burdening factor the legal nature of the conclusion about a physical condition of the case of a vessel where only technological innovations prevail. But such efficiency factor as amortisation deterioration, is rejected practically completely. Overcoming of a known dilemma, that, actually, is a subject to immutable insurance – integrity of structurally innovative vessel or its problem part – it is represented while very remote problem. Clubs P & I will choose, probably, the first variant as returning means under the insurance category in that case becomes simpler, and the bonus rate of this or that club correctly reveals a noncommercial component правоотношений. Far not everyone P & I association will really dare to act as the insurer of a becoming outdated vessel. It is necessary then cardinally to forget about returning insurance gathering. But also the aspiration to the novelty denying any beginnings, is unimportant, whether legal, or especially technological, will be poorly welcomed among followers of an insurance pool, participants of the big corporate game on considerable dividends. It is unable even basically to render essential influence on cost of reinsurance. Who, is asked, interested in the rate of the premium making as a whole zero: one, two percent a maximum? In this plan, exarticulation of a non-standard vessel in an independent qualifying subsystem can in what – to a measure to help, if the operator of a distance of movement will refrain from practice of the independent statement of rates of the insurance extra charge to the tariff under the freight.

Ключевые слова: форма преступного деяния, преступление, история уголовного права, объективная сторона преступления, деяние

Abstract: Evolution of concept “a non-standard vessel” occurs slowly enough. The thesis about infringement of conditions of traditional technology of shipment, arrangement of structurally not stipulated rooms, apertures in the case is forced to cooperate constantly with other distinctive attributes “substandard shipping,” the numerous engineering updatings presented, for example, altering technical properties of a vessel. The various innovative technical attributes, actually, also call for reference of similar vessels in the isolated register classifying them. Unfortunately, the considerable number “substandard shipping” is involved in transportation of oil, nocuous, dangerous substances. The international convention on approach of the responsibility and on compensation of damage in connection with sea transportation dangerous, and as nocuous substances (HNS Convention), operating in last edition from October, 20th, 2006, it is necessary to express only the proved anxiety in this plan. Whereas definition of criteria of seaworthiness of a non-standard vessel at all does not release from the sanction of diverse aspects of transboundary insurance. Thus stabilization of the sizes of insured risks hardly will occur. Though it is possible to count on an invariance of recommended franchises, or to hope for specific properties of a cargo. But the bottom rod of reinsurance of a nonstandard vessel in any case begins to support that limit, whose estimated level while is inaccessible to the insurer. The individualization of the insurer or the insurant, certainly, takes place and becomes one of probable variations of development of all insurance business, as a whole. The final specification of a vessel will necessarily specify probable restrictions in sphere of action of separate clubs P & I, to one these opposing itself to other clubs of a mutual insurance. On positions by way of formation of an insurance covering it is not necessary to be afraid of dissociation of clubs. To what policy P & I Clubs would not adhere, denying of rules of bonus payments, let alone trends of an estimation of got risk, concerns to a category of the drama decision. Objective complexities are necessary for investigating. Still it is necessary to consider as the burdening factor the legal nature of the conclusion about a physical condition of the case of a vessel where only technological innovations prevail. But such efficiency factor as amortisation deterioration, is rejected practically completely. Overcoming of a known dilemma, that, actually, is a subject to immutable insurance – integrity of structurally innovative vessel or its problem part – it is represented while very remote problem. Clubs P & I will choose, probably, the first variant as returning means under the insurance category in that case becomes simpler, and the bonus rate of this or that club correctly reveals a noncommercial component правоотношений. Far not everyone P & I association will really dare to act as the insurer of a becoming outdated vessel. It is necessary then cardinally to forget about returning insurance gathering. But also the aspiration to the novelty denying any beginnings, is unimportant, whether legal, or especially technological, will be poorly welcomed among followers of an insurance pool, participants of the big corporate game on considerable dividends. It is unable even basically to render essential influence on cost of reinsurance. Who, is asked, interested in the rate of the premium making as a whole zero: one, two percent a maximum? In this plan, exarticulation of a non-standard vessel in an independent qualifying subsystem can in what – to a measure to help, if the operator of a distance of movement will refrain from practice of the independent statement of rates of the insurance extra charge to the tariff under the freight.

Keywords: forma prestupnogo deyaniya, prestuplenie, istoriya ugolovnogo prava, ob'ektivnaya storona prestupleniya, deyanie

Аннотация: This Article is prepared on the basis of my materials, reports and speeches at the International conferences and workshops, which were held in Moscow, Florence and Bruges in autumn 2007 to summer 2008. The purpose of this paper is to analyze existing normative achievements between Russia and the European Union (EU) in the context of proposals for conceptual grounds of a future Treaty between Russia and the European Union, which will replace the Partnership and Cooperation Agreement between Russia and the EU after 2007. The Partnership and Cooperation Agreement was a practicable and efficient instrument in relations between Russia and the EU. It does not reflect the experience, reached results and new problems of strategic partnership, as well as the essential changes, which occurred in Russia, in the EU and in the World. The PCA has become old, it does not fully reflect the reality of a modern relationship of strategic partnership, does not take into account membership of Russia in the WTO, or the changed geography of the EU, or indeed new challenges in the international arena. Today legal backgrounds of the relations between Russia and the EU have become weak. Rebilling the contractual basis of the EU-Russia strategic partnership is the main current problem in the relations between Russia and the EU. The challenge lies in replacing the central ground of legal achievements of their relations, and in modernizing the basic norms of the strategic partnership acquis. Unfortunately, there are a number of the political difficulties for the conclusion of the new Basic agreement on relations between the Russia and the EU. The problem is that the Parties have not solved yet, what they wanted to reach within the framework of established relations. Now only conceptual proposals for the future Agreement exist, but the concept for the development of the relations, which provided for the universal technological approach to the situations, is absent. This will reduce a dependency of the negotiation process from current political dischords and help to concentrate an attention on real problems of the strategic partnership. This Article looks at the current legal basis of relations between Russia and the European Union, sheds light on the main legal difficulties in working out a new agreement between Russia and the EU, analyzes initiatives concerning the content and form of the new agreement, and contributes proposals on the main objective of the future agreement. Also this material analyzes the impact of the Lisbon Treaty 2007 to the strategic partnership between Russia and the European Union.

Ключевые слова: надзор, гражданский процесс, отмена решения, пересмотр, диспозитивность

Abstract: This Article is prepared on the basis of my materials, reports and speeches at the International conferences and workshops, which were held in Moscow, Florence and Bruges in autumn 2007 to summer 2008. The purpose of this paper is to analyze existing normative achievements between Russia and the European Union (EU) in the context of proposals for conceptual grounds of a future Treaty between Russia and the European Union, which will replace the Partnership and Cooperation Agreement between Russia and the EU after 2007. The Partnership and Cooperation Agreement was a practicable and efficient instrument in relations between Russia and the EU. It does not reflect the experience, reached results and new problems of strategic partnership, as well as the essential changes, which occurred in Russia, in the EU and in the World. The PCA has become old, it does not fully reflect the reality of a modern relationship of strategic partnership, does not take into account membership of Russia in the WTO, or the changed geography of the EU, or indeed new challenges in the international arena. Today legal backgrounds of the relations between Russia and the EU have become weak. Rebilling the contractual basis of the EU-Russia strategic partnership is the main current problem in the relations between Russia and the EU. The challenge lies in replacing the central ground of legal achievements of their relations, and in modernizing the basic norms of the strategic partnership acquis. Unfortunately, there are a number of the political difficulties for the conclusion of the new Basic agreement on relations between the Russia and the EU. The problem is that the Parties have not solved yet, what they wanted to reach within the framework of established relations. Now only conceptual proposals for the future Agreement exist, but the concept for the development of the relations, which provided for the universal technological approach to the situations, is absent. This will reduce a dependency of the negotiation process from current political dischords and help to concentrate an attention on real problems of the strategic partnership. This Article looks at the current legal basis of relations between Russia and the European Union, sheds light on the main legal difficulties in working out a new agreement between Russia and the EU, analyzes initiatives concerning the content and form of the new agreement, and contributes proposals on the main objective of the future agreement. Also this material analyzes the impact of the Lisbon Treaty 2007 to the strategic partnership between Russia and the European Union.

Keywords: nadzor, grazhdanskii protsess, otmena resheniya, peresmotr

Аннотация: The Criminal Procedure Code of the Republic of Kazakhstan stipulates cases to determine a criminal cause when a criminal case is at the phase of investigation or of prejudicial inquiry. If a judge invalidates a disputed judgement and falsifies such judgement, the judgement having come into effect, it is subject to submittal by the court to the body (official) that has made the reversed judgement. If a court holds that procedural determination of counsel for prosecution is not reversed but the counsel is imposed to take measures to eliminate committed violations of rights and legitimate interests of the claimant such determination is submitted to the subject counsel for prosecution after it comes into effect. When a case is submitted to court a judge is entitled to impose restrain upon the defendant unless it has been imposed by the case investigator or the counsel for prosecution or to substitute the restrain for a more severe one. In such cases the judge carries the corresponding resolution. If restrain by way of arrest is imposed the resolution of the judge is subject to be immediately submitted to the Law Enforcement Agencies to take the defendant into custody. The court shall notify the defendant’s relatives of imposing of restrain by way of arrest. The Law Enforcement Agencies and the administration of the detention facility to which the arrested defendant is taken shall immediately notify the court proceeding the case. For the purpose of ensuring the enforcement of judgement with regard to civil proceedings or possible deprivation of property or other property claims the property of the defendant can be attached. The court determines to seize the defendant’s property if at the prejudicial phase the interrogating officer or case investigator or counsel for prosecution has not taken measures to ensure indemnification against damages caused by the crime, possible forfeit. Execution of determination of court on seizure of property is imposed upon law-enforcement officer who distraints the property, confiscates it or at his discretion transfers it for keeping by its owner, housing and maintenance department, representatives of the local administration or by other person. These persons give acknowledgement of being advised of safety of the seized property and the document is entered into the record together with the distraint. If funds available with loan institution, at bank accounts or deposits are seized the execution of the court determination on suspension of transactions with the funds is imposed upon the management of such institutions and law-enforcement officer is given a signed testimony and explain the liability for nonperformance of the judge’s determination. Individual determination is carried into effect by means of the relative order given by the judge with identification of the executing officer and the due dates of execution. The persons who were sent an individual court determination shall take the corresponding measures within one month from the date of its receiving and to report the results to the court that has made the determination. Decisions of courts of appeal come into effect immediately upon the delivery. Execution of all determinations and decisions, including those of the said instances, is imposed upon the courts of the first instance that have investigated the case. None of the provisions of the law specifies who is imposed with the responsibility to execute decisions of supervisory instance. In this connection it is advised to be guided by the general provisions of the law. That is why execution of decisions of supervisory instance shall be just like execution of decisions of courts of appeal since both comes into effect immediately.

Ключевые слова: правоприменительная практика, налоговый спор, «порочный» контрагент, арбитражный суд, уплата налога

Abstract: The Criminal Procedure Code of the Republic of Kazakhstan stipulates cases to determine a criminal cause when a criminal case is at the phase of investigation or of prejudicial inquiry. If a judge invalidates a disputed judgement and falsifies such judgement, the judgement having come into effect, it is subject to submittal by the court to the body (official) that has made the reversed judgement. If a court holds that procedural determination of counsel for prosecution is not reversed but the counsel is imposed to take measures to eliminate committed violations of rights and legitimate interests of the claimant such determination is submitted to the subject counsel for prosecution after it comes into effect. When a case is submitted to court a judge is entitled to impose restrain upon the defendant unless it has been imposed by the case investigator or the counsel for prosecution or to substitute the restrain for a more severe one. In such cases the judge carries the corresponding resolution. If restrain by way of arrest is imposed the resolution of the judge is subject to be immediately submitted to the Law Enforcement Agencies to take the defendant into custody. The court shall notify the defendant’s relatives of imposing of restrain by way of arrest. The Law Enforcement Agencies and the administration of the detention facility to which the arrested defendant is taken shall immediately notify the court proceeding the case. For the purpose of ensuring the enforcement of judgement with regard to civil proceedings or possible deprivation of property or other property claims the property of the defendant can be attached. The court determines to seize the defendant’s property if at the prejudicial phase the interrogating officer or case investigator or counsel for prosecution has not taken measures to ensure indemnification against damages caused by the crime, possible forfeit. Execution of determination of court on seizure of property is imposed upon law-enforcement officer who distraints the property, confiscates it or at his discretion transfers it for keeping by its owner, housing and maintenance department, representatives of the local administration or by other person. These persons give acknowledgement of being advised of safety of the seized property and the document is entered into the record together with the distraint. If funds available with loan institution, at bank accounts or deposits are seized the execution of the court determination on suspension of transactions with the funds is imposed upon the management of such institutions and law-enforcement officer is given a signed testimony and explain the liability for nonperformance of the judge’s determination. Individual determination is carried into effect by means of the relative order given by the judge with identification of the executing officer and the due dates of execution. The persons who were sent an individual court determination shall take the corresponding measures within one month from the date of its receiving and to report the results to the court that has made the determination. Decisions of courts of appeal come into effect immediately upon the delivery. Execution of all determinations and decisions, including those of the said instances, is imposed upon the courts of the first instance that have investigated the case. None of the provisions of the law specifies who is imposed with the responsibility to execute decisions of supervisory instance. In this connection it is advised to be guided by the general provisions of the law. That is why execution of decisions of supervisory instance shall be just like execution of decisions of courts of appeal since both comes into effect immediately.

Keywords: nalogovyi spor, «porochnyi» kontragent, arbitrazhnyi sud, uplata naloga

Ключевые слова: международный водоток, река, море, озеро, охрана

Keywords: mezhdunarodnyi vodotok, reka, more, ozero, okhrana

Ключевые слова: международная гарантия, правовая гарантия, понятие гарантии, классификация гарантий, форма гарантий

Keywords: mezhdunarodnaya garantiya, pravovaya garantiya, ponyatie garantii, klassifikatsiya garantii, forma garantii

Ключевые слова: страхование, международная перевозка, нестандартное судно, авария, морская перевозка

Keywords: strakhovanie, mezhdunarodnaya perevozka, nestandartnoe sudno, avariya, morskaya perevozka

Ключевые слова: Европейский Союз, взаимоотношения, договор, квазиассоциация, Россия

Keywords: Evropeiskii Soyuz, vzaimootnosheniya, dogovor, kvaziassotsiatsiya, Rossiya

Ключевые слова: уголовный процесс, исполнение, уголовное дело, постановление суда, Казахстан

Keywords: ugolovnyi protsess, ispolnenie, ugolovnoe delo, postanovlenie suda, Kazakhstan