Vol 2, No 6 (2018)

Analyzed the category “legal reality” formed in philosophical and legal science taking into account different points of view. Identified three approaches to the interpretation of the essence of legal reality. The first broad approach is based on the fact that the term “legal reality” is relatively new, and to refer to the analyzed object in its broad sense, other terms are used – “legal validity”, “legal system”, “legal life”, “legal framework” and some others. The second approach is narrow, according to which there is a limitation of the scope of the concept of “legal reality” of any one or several parties to its manifestation, for example, only within the framework of the legal relationship. It is assumed that the interpretation of legal reality as the action of law narrows the scope of understanding and the boundaries of its essence, since legal reality should not act as a legal relationship, and that the scope of the essence of legal reality is much wider. The third approach is to deny the need to separate the legal reality into an independent section of the reality as a whole. It is concluded that legal reality is a kind of social reality, the whole set of legal phenomena both objective and subjective, positive and negative, taking into account the independent nature of social reality and representing a special normative way of regulation of potentially conflicting social relations, including a set of all legal manifestations in their unity.

The trends of globalization, political and economy integration, the arising of multipolar world and the weakness of the international law on behalf of the geopolitical interests, as well as the strengthening of the religion radicalism creates the contures of the new world architecture. In this connotation, money laundering perfectly fits as complex phenomenon, which, despite the economy involves into the law, the political, ethical, even the cultural dimension of the society. In some cases, there can be included also the financing of the terrorism, which, lately, even more looks like a useful tool. Therefore, it is impossible to say that money laundering can be stopped, but it might be minimized using a national law frame, good established institutional networking and effective international cooperation, in direction of making the money laundering less worthy. The structure of the article includes four sections on the signs of money laundering and financing of terrorism as a phenomenon, its consideration in the context of threats to the national economy and the creation of restrictions for the prevention, the state of the fight against money laundering and the financing of terrorism in the Republic of Macedonia, as well as final provisions.

Currently, some animals and aquatic biological resources are listed in the Red List of the Russian Federation and (or) are protected by international treaties. The attention is drawn to the fact that taking into account the international treaties ratified by the Russian Federation or the USSR aimed at the international legal protection of certain animals and biological resources, as well as the peculiarities of their implementation in the domestic criminal legislation, the Federal law of July 2, 2013 was adopted. No. 150-FZ “on amendments to certain legislative acts of the Russian Federation”, in accordance with which, in particular, the Criminal Code of the Russian Federation was supplemented by article 258.1 “Illegal extraction and trafficking of particularly valuable wild animals and aquatic biological resources belonging to species listed in the Red List of the Russian Federation and (or) protected by international treaties of the Russian Federation». Presented a public danger, prevalence and experience of foreign countries, and also compliance of this crime to the principle of justice. It is emphasized that the domestic legislator should be excluded, taking into account the public danger and the principle of justice, from article 8.35 of the Code of the Russian Federation on Administrative Offences, a sign expressed in the destruction of, in particular, animal species, while reflecting it in article 258.1 of the Criminal Code of the Russian Federation.

The relevance of the study is due to a number of reasons, including the increasing role of the European Court of human Rights in interpreting the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, the transformation of national procedural mechanisms for the protection of citizens' rights in order to bring them in accordance with international standards. The objectives of this study were: to study the chronology of changes in civil procedural legislation that occurred under the pressure of international obligations of the Russian Federation; to assess the effectiveness of their application at the national level. The process of reforming the civil procedural legislation of the Russian Federation under the influence of the practice of the European Court of Human Rights is investigated. The problem of execution of judgments of the European Court of Human Rights adopted on complaints of citizens against the Russian Federation in connection with violation of the right to a fair trial is studied in detail. A provision on the possibility of abuse of the European Court of Human Rights in the formation of judicial practice against the Russian Federation is formulated. It is stated that the scope of legal regulation of the European Court of Human Rights is expanded through a new interpretation of the Convention provisions. It is concluded that the decision on the possibility of execution of judgments of the European Court of Human Rights establishing violations in the field of constitutional regulation is the competence of the Constitutional Court of Russia.

Analyzed the principle of adversarial parties with an active role of the court in administrative proceedings. Studied in detail the manifestation of the adversarial principle in administrative proceedings and its correlation with the principle of activity of the court. Purpose: to study the problem of the principle of adversarial and equality with the active role of the court. The methodological basis of the research is the general scientific dialectical-materialistic method of cognition and private scientific methods: comparative legal, logical, theoretical and legal. The author argues that the main idea of the regulation on the active role of the court in administrative proceedings is to create equal conditions for the parties to perform their procedural duties and exercise their rights. The conclusion is made about the need to combine in administrative proceedings adversarial and investigative principles.

The analysis of the problems arising in the implementation of the subjects of transport legal relations of the right to judicial protection. It is noted that the difficulty in choosing the appropriate method of protection of civil rights is due to the variety of types of claim. It, in turn, leads to one of current problems of civil procedural law, namely the competition of claims. Ambiguity in determination of essence of the analyzed legal phenomenon and finding of ways of his permission demonstrate relevance of a case in point. The aim of the study was to form a holistic view of the features of the competition claims in the transport sphere of legal regulation. A comprehensive and complex theoretical and practical study of this topic was carried out in the application of general scientific (logical (induction, deduction, the analysis and synthesis), system and functional) and private-law (historical and legal, legalistic, comparative and legal) methods. On the basis of the conducted research it is stated that the court practice confirms the existence of competition of claims as a phenomenon of civil process. The idea that neither in the legal doctrine, nor in law enforcement activity there is no constructive solution of this problem is caused. Therefore proceeding from the received results of scientific work, the author comes to a conclusion about need of development of the procedural mechanism of permission of the competition of claims for implementation of effective judicial protection of the violated the rights and legitimate interests.

Determined the importance and specificity of tourist knowledge and skills in the formation of future specialists in the field of law and national security. Considered the diversity and a wide range of practical problems solved by the department of special training and national security of the Institute of law and national security in the training of future specialists for the internal affairs bodies. Analyzed the key sections, which include the block of tourism training, the discipline “special training”, and their general characteristics. Examined the questions of the positive impact of tourism on the mental and physical condition of the person and the body as a whole.

State assessment in Russian Federation, going through a difficult path of development, follows all the changes in the economic, social and political spheres. Constant changes in the legislation, both in the sphere of real estate circulation and in the appraisal activity itself, are important components in the real estate market. The determination of cadastral value is an extremely important issue affecting both the interests of property owners and the public interest. The purpose of the study: to establish the features of the state assessment in the Russian Federation, to identify the main problems in this area. In order to achieve the goal of the work and solve the tasks, general scientific methods were used, which contributed to the creation of a holistic view of the phenomenon under study. The use of dialectics as one of the methods of cognition helped to trace the evolution of valuation activities in the system of Russian law, as well as to determine the prospects for further development of the legislation of the Russian Federation in the field of real estate valuation. The historical method was used, which revealed the historical features of the formation of the state assessment as a whole. The methods of formal logic allowed to analyze and reveal the state assessment in the Russian Federation. The study proved that the introduction of innovations in the legislation on valuation activities primarily affects the development of the entire system of state cadastral valuation of real estate. Correct and accurate results of cadastral evaluation of real estate contribute not only to the replenishment of the budgets of municipalities, but also have environmental, organizational, technological, information and social efficiency.