Gosudarstvo i pravo

The author of the present paper analyses problems of building single legal space in legal life of modern Russian society. The article contains consistent and systematic measures towards organizing legal policy in this field for the Russian Federation

The review notes that an epoch-making event took place in Russian science - a three-volume monograph “Military Law” was published under the general editorship of A.N. Savenkov and A.V. Kudashkin. The relevance of the study is due to the profound transformation of modern international relations, in which the Russian Federation is included, and their adequate reflection in the system of domestic relations of the Russian state. Assessing the contribution of the reviewed work to military science, the author emphasized the global coverage of the study of almost all objective reality related to the functioning of the military organization of the state, and the conditions in which this functioning occurs. On the basis of theoretical analysis, the team of authors managed to identify the main core, the essence of Military Law – the law of armed conflicts. For the first time in legal science, the military-industrial complex (MIC) as a state and social phenomenon has found its place as an object of fundamental legal research. Of scientific value is the study by the authors of the peer-reviewed monograph of the sanctions regimes in force against Russian defense industry organizations, as well as issues of legal support for military-technical cooperation. The conclusion is formulated that the author’s team, led by A.N. Savenkov and A.V. Kudashkin, conducted a fundamental military-theoretical study that includes all the legal issues of ensuring the country’s defense and state security in the functioning of the military organization of the Russian state, which will serve as a powerful incentive for subsequent legal research in military science

The article is devoted to the study of causal relations of legal behavior as an important area of theory and Sociology of Law and the final level of implementation of legal forecasting. The foundation of law is a static legislative array, and in order for regulatory regulations to come into motion, an effective right-wing mechanism is needed. Legal conduct forms the core of legal implementation and is embodied in the legal actions of individuals, causing the circulation of the social mechanism of the law. In the work, the concepts of legal conduct and legal activity are differentiated, reflecting the positive and negative characteristics of legal activity. Predicting legal behaviour has a direct impact on preventive measures to stabilize and develop positive factors of legitimate actions and to limit the blocking of negative determinants of deviating actions at all stages of the legal implementation mechanism.

In the article, the main, basic component of Economic (Entrepreneurial) Law, which is the main achievement of Academician V.V. Laptev, as an independent branch of law, branch of legal science, branch of legislation and academic discipline is defined as an organic combination of legal regulation of economic activity (entrepreneurial) and its management. In fact, it is an organic combination of private law and public law principles. Noting that the development of this industry, according to scientists, went through three stages during the Soviet period, called: “two-sector” theory (20s), a single pre-war theory (the second half of the 30s) and the post-war so-called “addressee” theory, the author believes that Entrepreneurial Law as well as the Economic Law of the market economy - this is the fourth stage, which is another significant scientific achievement of V.V. Laptev. The author has made 10 conclusions and makes appropriate proposals

The article describes the problematic issues about the operative-investigative control over the continuing crimes. The author presents the reasons why operative officers don’t immediately suppress crimes. Analysis of judicial practice shows that such forced inaction is recognized as acceptable because of various socially justified reasons, although there is no sufficient legal basis for this. For the solvation of presented problem author proposed to improve the Federal Law “On operative-investigative activity”: establish the conditions for documenting continuing crimes; establish the definitions for the operative-investigative measures and special conditions for the “experimental” measures; provide guarantees for the restoration of the victim’s rights violated due to the necessity of the operative-investigative control over continuing crimes.

The article examines alternative legal institutions for the regulation of financial relations, the causes of which are, on the one hand, a change in the principles of the international financial system and the need to counter geopolitical risks, and on the other hand, the imperfection of the mechanism of financial and legal regulation, including the inconsistency of financial and legal norms, as well as the firm opinion that the Financial Law does not have its own legal instruments, etc. By alternative legal constructions, the authors of the article understand the action of legal instrument, the use of which is dictated by non-standard or not foreseen situations in the course of legal regulation of financial relations. Without excluding the possibility of using alternative legal regulation in some situations, the authors formulate a conclusion that the application of this approach should not cause the invariance of the actions of the law enforcer: the choice between legal and semi-legal regulation of financial relations. The alternative approach should be seen as restorative and subsidiary to the mainstream legal regime

The article is devoted to the search for an answer to the question about the criteria for determining the methods and forms of protection of violated or contested rights in interstate legal conflicts. The problem of dispute resolution procedures in which sovereign states and international entities act as parties is currently particularly acute. International cooperation is acquiring the broadest forms, which results not only in the improvement of the positions of states in certain areas, but also in the growth in the number of interstate and international conflicts. Based on the analysis of the domestic Russian system for the protection of rights, freedoms and legitimate interests, it was concluded that there are two alternative methods of protection: public law, based on the present position of the judicial authority over the disputing parties; and private law, in the form of arbitration. The criterion for their application in the domestic sphere is the legal nature of the disputed material relationship and the ratio of the legal statuses of the disputing subjects: “vertical” disputed legal relations allow only public legal protection, private law, “horizontal” legal relations allow arbitration, subject to the consent of both parties. It is shown that interstate legal relations in a similar way can be private law, that is, based on the equality of the member states participating in them, and “vertical”, legal relations of the coordination type, in which sovereign states renounce part of their sovereignty and voluntarily submit to the jurisdiction of a certain international judicial body. The conclusion is formulated that in interstate conflicts both methods of protection retain their significance and are applied on the basis of the criterion of the correlation of the legal statuses of the persons (states) involved in the case. It is shown that the arbitration of interstate disputes (international arbitration) retains all the features and properties of the arbitration of “internal” cases and should be applied solely on the basis of the will of the states - parties to the disputed material legal relationship.

The article relates to the evolution of the form of governance in the process of state and constitutional construction of the Republic of Armenia, the mechanisms of separation of branches of state power under different forms of governance, the mechanisms of ensuring balance, restraints and counterbalances, the powers of state institutions, their relations, as well as issues of mutual control. The theoretical basis of the article is the scientific works dedicated to the forms of mutual control. The normative-legal basis of the study is the Constitution of the Republic of Armenia of 1995 and the constitutional amendments of 2005 and 2015, as well as the Constitution of the Russian Federation and constitutions other states. Using both the general research methods (historical, analytical) and special legal methods (systemic-structural, comparative legal) to study the topic, the authors analyzed the constitutional legislation of the Republic of Armenia and the experience of public administration of the last thirty years, identified the existing theoretical and practical problems, conclusions are formulated

In the context of the reform of control and supervision activities, it is important to distinguish between the various areas of state control and supervision in certain areas of regulation. With regard to the customs sphere, one can state the simultaneous use of the categories of financial and customs control without determining the limits of control and supervisory influence. An analysis of the existing positions on the ratio of these types of state control made it possible to identify four methodological approaches to the model of such a ratio. The selected approaches are based on the identification, absorption, delimitation of financial and customs control, substantiation of scientific categories that unite them, consolidating their regulation and implementation. The existing approaches are united by the recognition of the inseparable connection, mutual conditionality of the categories under consideration and are based on theoretical provisions on the complexity of customs law and the comprehensive nature of financial control in public administration.On the basis of the analysis carried out, the concept of partial absorption is proposed to justify the relationship between customs and financial control.The part of customs control related to the payment of customs duties is positioned as an element of state financial control. At the same time, financial control exercised in the field of cross-border movement of goods can be attributed to customs control. In modern conditions, the role of the financial aspects of customs control is gradually decreasing.

The material of the Interuniversity Scientific and Practical Conference “Traditional spiritual and moral values as the basis of legal development in the XXI century”, held at the Faculty of Law of Lomonosov Moscow State University, is presented. An attempt is made to show the connection between the values of the people (including the Russian people) and its political and legal institutions. In particular, it is noted that the concept of spirituality includes public consciousness, is permeated with value imperatives (religious, ethical, political, aesthetic). It is pointed out that, although every ethnic group has its own value imperatives, not every one of them was able to create a state. It is argued that the spirituality of the Russian people has become the basis of a thousand-year statehood – one of the greatest in world history.