This paper describes a particular court case dealt with by Peter the Great personally and that served as the cause of the Decree dated February 21,1697; the paper also analyzes changes caused by subsequent decrees, sentences by boyarins and judicial practice. It was revealed that amendments and changes made following the Decree of 21 February brought new laws in compliance with the jurisprudence and the Decree of 1649. The Decree of February 21, 1697 failed to replace the Court and confrontations by the Moscow Investigation Department completely. The court and confrontations were repealed in the narrow sense (as the stages of court proceedings). By March 16, 1697 they had been replaced by interrogation that was later supplemented by provision of evidence (the participants plead one more time after a cause of action is pronounced and the respondent objects). Court pleadings (sudogovoreniye) (a procedural stage) returned to the normal order (when the participants exchange their speeches) but with defining influence of a judge and a limited number of speeches. This assessment is confirmed by the analysis of legislative texts, legal terminology of the 17th century, texts of the 1700-1703 Decree Chamber, and judicial practice of the end of the XVII - early XVIII centuries.

The article is devoted to a number of specific methods that were used by the law-makers to form a legal framework of the Institute of Crimes against the State. The paper subjects the provisions of the 1903 Criminal Code to examination. In particular, the author scrutinizes the Third and the Fifth Chapters of the Act. Examination of the rules reveals a number of special methods of scientific significance employed by law-makers for legal regulation and forming specific legal mechanisms. In the scientific literature such methods and approaches have been given relatively little attention. For this reason their examination, identification of specific features and peculiarities, characterization, as well as giving titles to them meet the requirements of scientific novelty. The article examines two special methods applied in the 1903 Criminal Code. They were defined during the study and comparison of a number of articles that provide the definitions of elements of crimes. The author gives the following titles: absolutization of gravity of a crime and assignment of a punishable status that is a legal fiction.

The paper is devoted to the principles of law and their influence on the process of the development of law. This article analyzes historical stages of the development of principles of law, compares principles of law and morality, scrutinizes the doctrinal concepts of law.

The article provides a brief analysis of a new law on a public-private partnership. The author provides a forecast of possible legal consequences of continuing state intervention in the economy. It is proved that the declared objectives of the Russian legal policy are rather ambiguous. From the perspective of legal technique the author points at the fact that the law-makers ignore basic criteria of consistency of a law and legislation.

In the paper the author specifies that the active interaction and stronger relations between different branches of law regulating homogeneous legal relations, as well as increasing differentiation of legal regulation of certain relations within the bounds of one branch of law, on the one hand, results in the progressive development of law, but, on the other hand, for some objective or subjective reasons, in legal conflicts that have an adversely affect on the effectiveness of the legal regulation of social relations. In this regard, conflict rules of national law are essential tools applied for the legal regulation of intrastate relations that provide unbiased, equitable, legitimate settlement of different kinds of legal conflicts. They perform a technical function in the process of defining a governing rule in the event of a conflict between legal rules governing homogeneous or similar relationships. Due to the increasing demands of the society for the law reform and an increase in the number of legislative acts, the number of legal conflicts is constantly increasing. In this regard, under the operation of conflict rules of law, a variety of instances of contradictions between legal rules and uniform principles and methods of resolving, overcoming and eliminating such controversies should be provided.

The article deals with the concept and characteristics of the system, as well as the need to form a system of electoral commissions in the legal entities of the Russian Federation resistant to the influence of internal and external factors. The primary objective of the research that the authors pursue is to improve legislation in order to ensure adequate reflection of the will of the people in the election results (referendums) and other institutions of direct democracy where election commissions participate. The paper provides an analysis of the constitutional and legal system of electoral commissions in the legal entities of the Russian Federation, makes proposals to improve legislation in this sphere by means of enhancing the powers of electoral commissions of the RF territorial entities aimed at monitoring respect for electoral rights of citizens of the Russian Federation and their right to vote. The authors define an electoral commission as one of the public authorities with a special status and highlight a number of problems arising in practice and associated with the status of electoral commissions, in particular, with the special legal status of election commissions of municipalities.

In recent years, the construction sphere in the Russian Federation has undergone special, major transformations. The Institute of Self-regulating Organizations was established, advanced technical regulations and rules have been introduced and law-makers changed their approach to the system of protective legal relations. As a result, a scientific and practical approach to the mechanism of legal regulation of the construction industry has changed. The construction industry is described by the authors as a complex process that, to some extent, involves establishment, expansion and improvement of new facilities, buildings and other objects. When offenses in the construction industry are committed, the most common measure of administrative punishment is administrative suspension of activities which, within the framework of the construction industry, can act as both an administrative warning and administrative preventive measure. However, in proceedings that involve administrative offenses in the sphere of construction in cases determined by the law interim measures can be applied, the most important and significant among them is a temporary prohibition of activities. The study not only reveals essential problems of using this measure in practice, but it also draws special attention to possible ways of improving its practical application to the offenses in the construction industry.

The paper in question deals with social and legal aspects of corruption in the modern Russian society. The author describes the main causes that have contributed to the growth of corruption in the system of social relations. The author has elucidated provisions of the Russian legal regulatory rules on resisting corruption, as well as legislation on educational, scientific and research activities. The paper enumerates certain provisions of the draft Strategy of the scientific and technological development of the Russian Federation in the long term in the context of resisting corruption in educational and scientific activities. The author describes instances of corruption in higher educational and research institutions of the Russian Federation. The article presents the concept and main varieties of corruption risks in scientific and educational activities. The author consistently analyses the most topical issues of corruption prevention in the field of higher education and science. Based on researched sources the author makes conclusions and proposals aimed at minimizing corruption risks in the field of higher education and science.

This article discusses theoretical issues of classification of a licensing system in administrative law, different points of view of various authors are analyzed, the author has developed her own classification of permissions in the field of communications.

This article deals with a concept of a subject of law, in particular, in financial law, its main features and types. The author analyses different viewpoints of scholars exploring perspectives of the problems of a subject in financial law highlighting its specific characteristics. Special attention is given to financial legal capacity as a special kind of legal capacity. The author distinguishes between such concepts as a subject of financial law and a subject of a financial legal relation. In addition, the author gives his own classification of subjects of financial law on the ground of analysis of classifications set forth in the writings by financial jurists: E.A. Rovinsky, O.N. Gorbunova, E.Yu. Gracheva, M.V. Karaseva, A.I. Khudyakov, etc. Separately the author defines a "collective entity" and its types, specifies characteristics of the State, public bodies, courts, legal persons of various business and legal forms including legal entities of public law as subjects of financial relations. The author talks about emergence of special subjects of financial law such as clusters and technology platforms, as well as the possibility of participation in financial relations by means of implementation of a public-private partnership mechanism.

The article is devoted to the current problems in the financial law system formation that are of major importance not only for the theory of the science, but also for their practical implementation. The paper provides a detailed analysis of the research of the general theory of law and financial and legal papers, which results in identification of elements of a system of financial law. In the paper a law institute is defined as a primary legal unity. The author considers the features that distinguish law institute from other unities of financial law regulatory rules. The article highlights that legal institutes can include sub-institutes. As a structural element of the system of law the author also examines a sub-sector that is different from other legal unities because it has a common institute or an association of general rules in its structure. The article draws attention to the allocation of other unities of legal norms, namely - parts and sections - by representatives of the financial law science. On the basis of the analysis carried out in the paper the author concludes that in the theory of law when describing a legislative system such elements as a part and a section are applied to describe an element of the structure of a law or a legal act. The author provides the definition of financial law. He criticizes a "flexible" approach to the definition of financial law that denies the need to clearly denote the elements of the system of law.

The article is devoted to the analysis of the problems of applying the principle of "pass-through taxation” when using the concept of the beneficial owner of the income. The article describes general rules for application of the principle of transparency; when a Russian organization paying passive income to a foreign person shall act as a tax agent and when not. The research in question has shown that a Russian organization acts as a tax agent with respect to a Russian beneficiary owner when it pays any revenue to a physical entity and when it pays dividends to a legal entity. Also, the paper considers special rules of "pass-through taxation" when paying dividends. On the basis of the study carried out by the author a following important conclusion has been made. If a foreign company is resided in the country of an agreement and does not act as a beneficiary owner of a passive income received from Russia because it transfers the income to a foreign company, a Russian company must deduct income tax from an institution in Russia at common rates of the Tax Code equal to 20% or 15% regardless of who is a final shareholder (beneficiary) of an offshore company - a tax resident of a third State or the Russian Federation. This approach to greater extent deprives Russian beneficiaries of tax incentives to create offshore companies and is correct, whereas the interpretation given in the Letters of the Ministry of Finance of the Russian Federation that allows ignoring all intermediate foreign (offshore) structures up to an ultimate beneficiary who is a resident of the Russian Federation should be avoided

The author addresses the problem of correlation of the fate of a construction and a land plot on which it has been built. The author analyses the process of establishment of the principle of superficies solo cedit in Russian law: the unity of fate, the elements of a single facility that have developed in practice. The main conclusion is that this principle is only partially accepted by the domestic legal order. Also, the article reviews major developments associated with this process that will take place within the framework of the reform of property rights, offers individual improvements of the new regulations that would facilitate the further development of this principle. The principle of superficies solo cedit should eventually lead to a rem unity of land and objects firmly associated with it. The author concludes that this process had already been completed for a number of facilities. The main problem today, according to the author, is the completion of the process in relation to buildings.

Based on the analysis of the bankruptcy legislation rules, as well as judicial and arbitrazh practice, the author makes a conclusion that it is necessary to carry out preventive and restorative bankruptcy procedures in order to prevent massive bankruptcies. A special role in the solution of this problem is given to arbitrazh tribunals.

This article analyzes the possibility of recognizing claim preclusion value of judicial rulings in cases involving administrative offenses in arbitrazh proceedings. Implementation of claim preclusion character of such orders is determined by procedural efficiency. In this case, the author indicates the difference in the legal regulation of the procedure of bringing to administrative responsibility in courts of general jurisdiction and arbitrazh courts. Whereas in courts of general jurisdiction such an activity cannot be called justice because neither the principle of adversarial procedure nor the principle of objective truth are applied, arbitrazh tribunals apply general rules of claim proceedings whereby shortfalls of proceedings under the Code of Administrative Offenses are eliminated. Proceedings regulated under the Code of Administrative Offenses do not meet the requirements of justice, which prevents from recognizing the claim preclusion significance of the judicial decisions made during such proceedings. Provisions of the Code of Arbitrazh Proceedings spread general principles of justice over the procedure of brining to administrative responsibility: adversarial character of proceedings and the principle of objective truth. For this reason, arbitrazh courts assign preclusive significance to court holdings in cases that involve administrative offenses passed by arbitrazh tribunals and deny preclusive character of similar rulings of courts of general jurisdiction. The author justifies the failure to use analogy of law with regard to the judicial rulings in cases involving administrative offenses held by courts of general jurisdiction and analyzes the existing judicial practice.

The article is devoted to the identification of types of potential participants (actors) of cross-border copyright relations and their classification as authors and other rights holders (successors). On the basis of the fundamental international agreements - the Bern Convention for the Protection of Literary and Artistic Works of 1886 and the World Copyright Convention 1952, the author studies the question of legal capacity of individuals and legal entities from the point of view of their capacity to participate in cross-border copyright relations as authors and other rights holders. The author investigates the possibility of possessing the status of author and copyright holder by natural and legal persons in accordance with the national copyright law of the Russian Federation and some other countries (United Kingdom, Germany, United States, etc.). The article deals with the features of the status of the copyright holder in works of folklore based on legal regulation in a number of developing countries (Ghana, Tunisia, Bolivia, Chile, Morocco, Algeria, Senegal, Kenya, Mali, Burundi, Côte d'Ivoire, Iran, Barbados, Indonesia, Nigeria, etc.) and some developed countries (Canada, Cyprus, Sri Lanka). It is concluded that despite the fact that the Civil Code states that the status of the author can only be legally held by individuals as a result of authorship based on legal regulations previously ceased to be in force and effect at present, as well as due to ambiguity of interpretation of certain rules in the legislation; in fact, in RF both natural and legal persons can possess the status of the author. It is also concluded that due to the nature of the Convention and the national legal regulation in different States, overall, in individual States the status of the author can be held by either only natural or natural and legal persons; this fact should be taken into account when classifying the authorship in relation to cross-border copyright relations.

The article discusses selected issues of legal regulation of relations between trade unions and employers. The author touches upon some aspects of internal relations within unions, as corporations, and concludes that granting trade union members with the right to challenge the Trade Union decisions in cases stipulated by law, in particular, when the rights of workers are being breached. Given the public nature of collective agreements, the author justifies the opportunity to challenge the provisions of collective agreements that violate the rights of third parties. The author supports the suggestion made by T.A. Soshnikova on enshrining the right of Trade Unions to appear in court in order to protect the rights and freedoms of their members. In connection with the extension of the scope of work of employees temporarily assigned to other parties under contracts for the provision of personnel, the author justifies the necessity of disseminating the provisions of the collective agreement for this category of workers in order to prevent the infringement of their rights.

Corruption-related crimes have evolved alongside the society; the origin of such social phenomena as corruption, in our opinion, can be traced back to the primitive society. The analysis of the scientific literature on the given topic, allowed us to come to the logical conclusion that the emergence of corruption is connected with the pagan beliefs of our forefathers, who believed in the power of nature and tried to appease the gods, to whom, in their view, they were addicted. People made sacrifices to gods, some kind of gifts. With the development of the society, the first clergy - shamans - began to appear, and people considered them to be "close to the gods”, and as a result, they also began to provide the clergy with various gifts. The author analyzes historical documents proving the existence of corruption, its origin and development.

On the basis of criminal cases considered by the courts, the author makes a conclusion about the ambiguity of the approach of law-enforcement bodies and courts for the qualification of deeds under Article 238 of the Criminal Code of the RF. In order to resolve these contradictions in the law-enforcement practice, the author identifies the features of goods (works, services) that do not meet the requirements of safety of life and health of consumers, in the framework of the analyzed norms. The study refines the features of the subject of crimes. Art. 238 of the Criminal Code of the Russian Federation provides for criminal liability for the sale of goods (works, services) that do not meet the safety requirements of consumers, rather than purchasers. As a result, the framework for the criminal legal protection of the analyzed norms covers the facts of distribution of goods (works, services) to other persons who cannot be considered consumers under the law. The author justifies the criteria for differentiation of a crime under Art. 238 of the Criminal Code from adjacent structures (Arts. 109.118, 293 of the Criminal Code) and administrative delicts (Art. 6.3, 14.43 of the Administrative Offenses Code of the Russian Federation).

The article covers the up-to-date problem of "negative reformation " of the Russian Criminal Law through the implementation of the provisions of the international treaties binding on Russia. For example, Russia's membership in the Council of Europe, provides certain examples of the impact of international law on the domestic criminal law policy and highlights several main directions of this influence. The modern doctrine shows a clear position on the need to limit the implementation of the provisions of international treaties in criminal law. However, it is obvious that a complete refusal to cooperate with the international community will significantly hurt Russian foreign policy which makes impossible to find one correct, clear and universal solution to the problem of the negative influence of international law on the criminal policy of Russia. On the basis of studying and summarizing the basic philosophical concepts, as well as the positions of the criminal legal doctrine, the paper suggests the method by which, in the opinion of the author, it is possible to monitor compliance with the necessary balance between Russian interests and the requirements of international law. The author proposes the use of the category "scientific paradigms of criminal law" which, in his opinion, have provided and ensured the relative stability of the Russian criminal law for many decades. This article contains the concept of scientific paradigms of criminal law, their main functions, as well as examples of influence on criminal policy of Russia.

Judicial control over the activities of the bodies of preliminary investigation is an integral part of the legal state and civil society. Enshrined in the Constitution of the Russian Federation, the provisions that do not allow the limitation of constitutional rights and freedoms of citizens without a court order, are an express guarantee of the respect for the rights and legitimate interests of individuals involved in criminal proceedings. However, the lack of legislative regulation of procedural forms of activity within the supervisory Court productions allows you to doubt its effectiveness. One of the debating points requiring prompt legislative approval is the right of the head of an investigative body to challenge interlocutory judgments in a pre-trial proceeding. The author concludes that the existing legal regulation makes it possible to state the changing functional purpose of powerful participants in criminal proceedings in the judicial supervisory activities, establishment of the procedural autonomy of the investigating body, necessitating legislative consolidation of the rights of the head of the investigative body to make the appeal submission, and the head of the superior investigating body - to make a Cassation Court decision on submission of the results of forensic control productions.

In frames of the realization of the State program "Justice" the Ministry of Justice of Russia developed the concept of market regulation of professional legal assistance. The concept was supported by the Federal Chamber of Lawyers of Russia. The concept has been actively criticized by the widespread legal community: it received many negative reviews from stakeholders, resulting in the refusal of the Government to adopt it. The concept involved such ideas as: attorney monopoly on legal representation in all types of proceedings, legal monopoly on providing paid legal aid, commercialization of advocacy through the implementation of market mechanisms in the organization of the legal profession. This article is devoted to the scientific analysis of the provisions of this concept, as well as the State program "Justice".

The article explores the conflict model "terrorism-State" during the second half of the XIX-beginning of the XX centuries in terms of applying methods of cognition. The article also considers the matter of optionality of external methods attracted towards the methodology of jurisprudence. The author provides the analysis of application of system structural method facilitating the consideration of the problem of conflict ratio of terrorism and the State, as well as the exploration of the phenomenon of integrity of terrorist activities. Among the existing methods of the decision making, the author highlights a tree method and the minimax method, which are used in studies of the designated conflict model and contributed to identifying the optimal combination of theoretical legal developments with enforcement practices in a specific historical period. The attention is focused on preventing the possibility of introducing a factor of randomness in creation of legal norms regulating social relations connected with countering terrorist manifestations. Special attention is given to building of the model of reflection system used in the theory of reflexive control.

This article contains information about the target object and scientific works devoted to forensic problems and issues relating to cellular communication. It explores the content of the private forensic doctrines, their place in the theory of Criminology. The concepts of individual private forensics doctrines are considered. The author provides her own definition of a forensics doctrine on cellular communication tools. The author studies the object and subject of private forensics doctrine as a part of general forensics doctrine. The article provides an analysis of the content of forensic doctrines on vehicles, skills and human habits, on investigation of a crime, knowledgeable persons, on the use of computerized information and processing tools. The author proposes the definition of the object and subject of forensic doctrine on cellular communication tools. Based on the analysis of systems of private forensic doctrine, the author developed a system of forensic doctrine on cellular communication tools, consisting of common and special parts, each of which contains certain elements.

This article describes the trafficking in women and children from two standpoints - trafficking for exploitation of their labour as a form of slavery and for prostitution of these categories of the population by a third party; it also analyses international legal instruments aimed at combating trafficking in women and children for sexual exploitation (in particular, the International Convention on the Suppression of the White Slave Traffic, 1910; International Convention for the Suppression of the Traffic in Women and Children, 1921; Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949; the Optional Protocol to the UN Convention on the Rights of the Child of 1989 on the Sale of Children, Child Prostitution and Child Pornography, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, 2000). The author defines the concept of "child prostitution", discusses the causes of trafficking in women and children for sexual exploitation as international crimes relating to the categories of crimes, which violate the personal rights of a person.

The article provides a critical review of the concept of "international double taxation” and raises a question of permissibility of its use in the science of international economic and international tax law.

This article examines peculiarities of the regulation of labour of those employees who have signed an employment agreement for a period of up to two months. These features, according to the author, are manifested in the conclusion and termination of the employment agreement, as well as when an employee performs some work arising from the contract. The author believes that, in view of the growing crises in the economy and an increase in the number of unemployed citizens, such agreements will become more frequent, which means you must comply with the legal guarantees for employees under such short-term contracts.

Attempts at international harmonization of provisions on a penalty have been undertaken for a long period of time with varying degrees of success. However, their success has always been hampered by a number of objective factors. Formed in the various legal systems, the approaches to understanding a penalty have generated antagonism. As a result, the system lacks a unified legal Act governing such relationships. The idea of harmonization in this area can be facilitated by reassessment of relationship to previously agreed amounts in case of non-performance of the contract in Anglo-Saxon law. The change in institution of liquidated damages management and rule against penalty in Anglo-Saxon law has long been overdue. The English case law, through the decisions of the Supreme Court of England and Wales of 05.11.2015, has significantly changed the interpretation of the provisions which remained unchanged for centuries. Gone are the texts wildly criticizing the penalty. Their place is now occupied by a new approach that considers a fixed amount in the light of its adequacy of actual damages which a party to the agreement incurred. Based on the analysis of the decisions of the Supreme Court of England and Wales, the author makes a number of conclusions. The Law of England has committed itself to narrowing the application of the rule against the penalty under the influence of some critics. This example of the English approach might be followed by other countries of the Anglo-Saxon system of law. During the comparison of the updated approach of the Supreme Court of England and Wales and of uniform rules on the contractual terms of the agreed amount due in the event of default, developed by the UN Commission on International Trade Law in the year 1983, the author concludes that there are no fatal contradictions. Further narrowing of the rule against penalty by the Anglo-Saxon legal system makes it possible to adopt and ratify the unified uniform rules on penalties.

The article analyses the main trends in the development of science of financial law. The work provides basic statistical data related to the preparation and defense of candidate and doctoral theses, special field 12.00.04 - Financial Law; Tax Law; Budget Law.