Vol 2, No 8 (2018)

The study is devoted to the relevance of legitimate interest, which is due to the radical economic, political, legal and cultural transformations taking place in the country, carried out by the judicial reform. The word “interest” comes from the Latin “interest”, which means “to be important”. Interest in objective right performs many functions: it acts as a conscious need (motive) of a person's volitional behavior, due to a legal fact, a prerequisite for filing a claim, the basis for entering into the process, the criterion for determining the procedural position, the basis for challenge, etc. It should be noted, however, that there is still no holistic concept of interest and its role in legal science. If we consider the interest from these positions, it can be noted that most often the goals of individuals do not coincide with the interests of society. Especially when we take into account the fact that almost the full expression of the interests of society is the government with its apparatus, implementing its tasks. However this is more of a subjective or situational factor, and its impact can be tried to be minimized, still it has a value. If we consider the interests expressed in law from such positions, we can note the presence of both public presumably objective interest, and at the same time private subjective-objective.

We consider development of modern criminal legislation features in the anti-corruption sphere. The urgency of the fight against corruption in the Russian Federation and the difficulties standing in its way are emphasized. Noted the specificity of the Russian legislation in the anti-corruption sphere, which consists in the fact that the modern Russian criminal law mechanism of combating corruption is firmly based on international legal acts. The main stages of development and formation of modern anti-corruption legislation, its connection with international law are considered. The role of legal norms in strengthening the security of the state, increasing its authority in the world is revealed. A large number of sources of corruption law are analyzed, including the Criminal Code of the Russian Federation, Federal laws, the Decision of the Supreme Court of the Russian Federation, Decrees of the President of the Russian Federation. Changes made to the legislation in different years concerned the subject structure, the minimum size of a bribe, nature of commission of crime, etc. In the course of the analysis of anti-corruption norms of criminal law traced their relationship with the non-criminal legislation in force in this area, noted their mutual influence. It is concluded that the current anti-corruption criminal legislation has been formed in the Russian Federation, but the process of its development due to the ongoing socio-economic transformations of society is not completed. The necessity of an effective legal mechanism regulating public relations arising in the case of a corruption-related crime is noted.

The relevance of the topic is due to the relevance of the contract on the provision of legal services in the modern civil turnover, on the one hand, and the lack of common approaches to understanding the legal essence of the said contract in the doctrine of civil law – on the other. The study deals with the problem of defining the concept of a contract for the provision of legal services. Analyzed number of definitions proposed by modern representatives of civil science. It is concluded that the legal nature of the contract for the provision of legal services is ambiguous. It considers the basic approaches to its understanding and qualifications as the agreement of chargeable rendering of services agency contract, mixed contract, etc. In a particular situation, the choice of contractual design, as a rule, is due to a set of services, actual and legal actions, dictated by the goal that the parties to the relationship seek to achieve. The versatile design of the agreement of paid rendering of services and the effective mechanism of protection of the rights of the applicant, as the weaknesses of the commitments were the main reasons are the most widespread of the agreement in practice. However, it is concluded that the restriction of contractual forms of legal services only by the specified design is unacceptable, since it can lead to a wrong understanding of the legal nature of the relations in question and difficulties in practice associated with the conclusion and execution of contracts.

This study is devoted to the question of qualification of the legal status of a citizen in a dispute arising in the field of economic activity, and its impact on the determination of the jurisdiction of the arbitration court. On the example of cases on debt collection from the guarantor-citizen it is noted that the latter can participate in the disputed legal relations as an natural person, as an self-employed entrepreneur or as the founder of a legal body. It is the legal status of a person, as established judicial practice shows, that is the key argument in determining the legal within jurisdiction of the case. It seems that this circumstance in itself cannot determine the nature of the dispute, which previously drew the attention of the Supreme Arbitration Court of the Russian Federation It is important to take into account the specific legal nature of material legal relations, as well as the nature of the interest of its participants. It is concluded that it is necessary to take into account the abovementioned aspects in the aggregate when determining the jurisdiction of arbitration courts of the cases of the analyzed category. In order to ensure the legal certainty and effectiveness of the protection of the rights of persons in the field of business and economic activity, proposed a technical and legal solution to this problem.

We examine processes of desovereignization and the loss of a state political subjectivity. Noted the necessity of research and analysis of state sovereignty in the context of globalization and threats to international peace, which affect the degree of independence of the state and require the search for legal and political levers to protect the monolithic right of the state to independence, inviolability and non-interference in internal affairs. Has been made an attempt to search for detect and establish acceptable grounds for limiting state sovereignty. It is established that the voluntary restriction of sovereignty with the transfer of powers to supranational entities has constructive consequences in the form of good-neighborly cooperation, financial and economic support of states from international financial institutions, etc. In cases where, in order to establish the rule of law, protect human rights and freedoms and under other good intentions, the policy of the state is interfered with by both the organs of the international community and individual states that have endowed themselves with the right of “international arbiter”, fears for the stable development of national states increase. It is concluded that any limitation of sovereignty should not lead to interference in the national interests of the state and to the loss of political and legal independence.

With the advent of the first computer, human life changed forever. Virtual space has become an integral part of our lives. However, crime has evolved, a new specific species has emerged called cybercrime. In this study, we consider the features of a new type of crime. The history of the first criminal acts, the formation of the concept of cybercrime and its subsequent development are shown. Despite the rapid popularity among criminal circles, there is no clearly defined and generally accepted concept of cybercrime in science. These acts are characterized by very specific features. This encourages considering cybercrimes as not quite the standard of a crime. The classification and the main threats generated by these criminal acts are shown. The legislation of Russia and foreign countries is considered. In Russia, as in some foreign countries, the main focus is on fixing the responsibility for this act in the Criminal Code. At the same time, it should be noted that the states react rather quickly to the emergence of new threats and try to form relevant legislation. Identified and justified the problem of disclosure of cybercrime. These crimes are very relevant threats to human security, society and the state. Cybercrime is not only a national and regional threat, but also a threat to international security.

We present a review conducted in May 2018 2nd International Scientific Conference “Tambov Legal Readings named after F.N. Plevako”. The conference program included a plenary session, “round table” – “The State, Civil Society and the Individual in the Mechanism of Observance and Protection of Human and Civil Rights”, dedicated to the 70th anniversary of the universal declaration of human rights and organized jointly with the theory of state and law department, international and European law of the Academy of Federal Penitentiary Service of Russia, and the following breakout sessions: “Historical and Legal Problems of Russian Statehood Development”, “Theory and Practice of State-Building”, “State Policy on Combating Against Crime”, “Legal Regulation of Property Relations: Balance of Private and Public Interests”, “Current Issues of Civil, Arbitration, Administrative Process, Enforcement Proceedings and Advocacy”, “Problems in the Sphere of National Security and Law and Order: Specifics, Threats, Priorities”. The conference was attended by both legal scholars and practicing lawyers, including representatives of the advocateship, notary, law enforcement agencies, other public authorities, local authorities. The review briefly highlights the substantive part of the conference programme, including selected issues that attracted attention and discussion among the participants.

Commercial courts formation mechanisms preserved after the judicial reform of 1864 are investigated. We analyze the influence of judicial reform of 1864 on commercial legal proceedings. The main provisions of the discussion on the need for the functioning of commercial courts are given. We also substantiate the conclusion about the commercial legal proceedings system creation, primarily for the resolution of disputes from international merchant shipping. The separation of trade jurisdiction process was planned earlier, at the beginning of the 19th century, the trade process began to stand out from the general civil process. By the decree of the Emperor on March 10, 1808 in Odessa was established the first commercial court and approved its Charter, which laid the foundations of the trade process. Innovations in the process of recruitment for the justice system after the reform of 1864 are considered. The provisions of judicial statutes and other normative acts regulating the formation of the staff of post-reform judicial institutions are analyzed. The study considers in detail the state's censorship policy in the field of justice: moral, age, educational, property qualification, experience qualification. Along the same lines we consider the principles of recruitment of judges in each of them. Taking into account the particular features, we expose the commercial courts general system formation. The requirements to the candidates for the members of the courts, as well as the positions of pre-revolutionary and modern scientists in relation to the effectiveness of the current design are analyzed.

We investigate the questions of the qualitative impact of enforcement proceedings on the state of the legal order in the country. Also we provide the statistical data on the state of the legal order in the Russian Federation and the relevant conclusions about the impact of the detected crimes on the perception of this order by citizens. The ineffectiveness of the policy in the sphere of stabilization and reduction of the number of offenses in the country was noted. It is concluded that a significant distortion of human and legal values in the Russian society, including due to non-compliance with legal principles by the authorities. Special attention is paid to the existing interaction of the principle of humanism with the person who committed the crime. We substantiate the harmful influence of certain mass media on citizens due to incorrect and sometimes frankly false legal education. Special attention is paid to the reasons for the incompleteness of the reform of the penal system of the country. The current issues in the activities of corrections facilities are considered. The position that without effective institutions and bodies executing court decisions, it is impossible to properly counteract crime and ensure the desired public order is justified.