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Actual Problems of Russian Law

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No 2 (2017)

LEGAL EDUCATION AND SCIENCE

11-15 472
Abstract
The development of a modern society and Russia's accession to the Bologna process have resulted in changing the requirements set down for training, including the field of jurisprudence. The article analyses the problems of training lawyers in conditions of transition to the Bologna system and changing requirements imposed on a graduate of a law university. One of the main modern requirements in legal education amounts to the development of a creative, proactive specialist possessing organizational skills and an ability to put new achievements of scientific thought into practice. The educational process subjected to reforms requires changes in the system of assessment of student knowledge and skills. The author suggests that the practice-oriented teaching methods should be distinguished from practice-oriented elements implemented in assessment tools. The author submits her own understanding of the system of assessment tools. The author concludes that today the forms of control should become a kind of continuation of teaching methods; students' scientific research is a way to meet modern requirements to the educational results of graduates of law universities.
16-21 432
Abstract
The article is devoted to the inquiry into problems of the transition to a tiered system of legal education. The paper examines the issues related to the ensuring the quality of the Bachelor's Programs, the demand for graduates in the labor market, prospects for the development of federal state educational standards. The author addresses criteria of efficiency and quality of educational activities, including the demand for graduates in the labor market, used in practice. The article defines the basic problems of the formation of the content of educational programs for Bachelors within the framework of training program 40.03.01 Jurisprudence; the author concludes that there are significant deficiencies in differentiating the content of Bachelor's and Master's Programs. According to the author, educational activities have not experienced any shift from the disciplinary principle applied to set up an educational program to the competence principle. As a result, the disciplinary isolation has not been overcome; interdisciplinary subjects are insufficiently used, as well as duplication of educational material takes place. The author concludes that there is the need to find a new legal concept for training law Bachelors based on the requirements applied to the professional activity of the lawyer.
22-28 468
Abstract
The subject of a scientific study carried out for the purpose of this paper covers the questions of consolidating principles and legislative regulation of educational activities using the example of teaching constitutional law in the paradigm of constitutional law. The author makes a comparative analysis of constitutional law implementation of principles regulating educational activities in different states; he proposed the definition of the concept "the legal basis for the regulation of the educational process." The legislation and literature analysis carried out for the purpose of this inquiry revealed major shortcomings in the legal regulation of the educational process, problems of choosing and implementation of methods of teaching constitutional law, and helped to formulate certain proposals. The main conclusion that is made according to the results of the study is that the federal legislation governing the education process needs to be further improved. The main contribution that is made by the author in this article includes clarification of the content and the role of the principles applied to regulate educational activities in the Russian Federation, as well as identification of the need for further regulation of public relations in this sphere by the Federal legislator in strict accordance with the legal basis of the regulation of the educational process.
29-36 456
Abstract
The article analyses problems of training lawyers in the context of the transition to a competency model of training and education. The author focuses attention on inadmissibility of reducing the level of theoretical foundations of legal disciplines in training Bachelors. The author substantiates the thesis concerning impossibility of cognition and evaluation of legal reality, mastering the skills of a lawyer without deep theoretical knowledge of the constitutional law theory initially. The author emphasizes the importance of direct intense intellectual interactions of a professor with students, which is primarily achieved during auditory lessons held with the use of productive technologies, various kinds of creative profession-oriented work of students. The author identifies productive technologies performance efficiency indicators. Using creative methods is labor-consuming; however, the author formulates a position that the effectiveness of using such techniques during training of lawyers requires teacher's dedication, good preparation for each lesson regardless of teaching experience. The author believes that it is important for the teacher to elaborate home assignments to develop independent work of students for the next seminar. To this end, it is necessary to focus on the timely discussion of current problems. Attention is drawn to the mandatory nature of an educational component of training, its relevance for the future lawyer.
37-44 543
Abstract
The article demonstrates peculiarities of teaching subjects of the state law course. Special attention is given to the use of interactive teaching methods in teaching constitutional law. The author believes that these features are caused, first and foremost, by the public nature of an academic subject, the complexity of the subject of cognition, its ideological-patriotic and political character. The fundamental nature of the subjects of the state law course predetermines the acquisition of basic norms, values and categories crucial for the subjects in question. Modern higher vocational education standards require the use of interactive methods in the teaching process of higher educational institutions. In the face of increasing globalization and information challenges, implementation of interactive teaching methods in Russian model of legal education is inevitable as it constitutes a necessary element of educational technology. It should also be borne in mind that the transition to the Bologna system led to an overall reduction in teaching hours for the students of Bachelor's Programs. In these circumstances, it is necessary to search for the most effective learning methods with limited time of student-professor communication in the classroom. One of the main tasks of a modern university is to find the best balance between "the old and the new", traditional and innovative, and maintain it. Keeping in mind the ultimate goal and the main content of the educational process, interactive training change, to some extent, conventional communicating forms into dialog forms based on mutual understanding and cooperation. The paper demonstrates common models of interactive classes and their peculiarities in teaching subjects of the state law course.
45-56 448
Abstract
The article is of methodological nature. It describes the features of practical application of new educational technologies, such as drafting expert opinions concerning draft laws as a performance assessment method, writing coursework in the form of draft laws, and, finally, using different variations of "law-and-film» methodology. In addition to the introduction and conclusion, the work consists of three main parts. The first part provides guidance regarding preparation, conduct and evaluation of a performance assessment quiz in the form of expert opinions on draft laws, explains the goals of such quizzes. The second part deals with peculiarities of scientific supervision over the students who choose to elaborate a draftfederal law, Federal Constitutional law or Constitution Amendment Act as a year paper, with special attention being paid to the principles of reasonableness and proportionality. Finally, the third part describes various examples of "law-and-film" technique, and the purposes of their application -- starting with the analysis of a feature or documentary film with regard to its compliance with legislation on protection of children from information causing harm to their health and development to writing essays and year papers based on watched works of cinematic art.
57-60 391
Abstract
In the article the author considers one of the major problems related to the impact of technological progress, development of the Internet and using electronic resources on the ability to analyze materials studied by both applicants seeking admission to the university and students. The author writes about the need to use different teaching methods for the development of students' ability to analyze positive and negative aspects of those techniques that affect the analysis of the received material.
61-66 458
Abstract
The article is devoted to the problems of democratization in the education system. Democratization of the educational process, according to the authors, is possible by means of increased participation of self-governing associations and public unions. The authors examine issues related to the participation of public associations in the field of educational and enlightening activities. The analysis of the charters of municipal councils has allowed the authors to highlight the forms of educational and enlightening activities; they also propose their classification into general and special forms. The authors draw a conclusion according to which activities of unions, associations of municipalities of constituent entities of the Russian Federation in educational activities aimed at raising legal consciousness and activity of residents of municipalities in addressing the issues of local importance are very significant and important.
67-71 452
Abstract
At the present stage of development of constitutional law, interdisciplinary research is becoming one of the most promising areas of academic and scientific work. The Department of Constitutional and Municipal Law included into the structure of the Kutafin Moscow State Law University (MSAL) successfully develops such new directions of interdisciplinary research as constitutional foundations of energy law. As the part of this work the Department of Constitutional and Municipal Law has elaborated a curriculum and tutorials, it is scheduled to defend the dissertation for the scientific degree of PhD. The author summarizes the experience of personal participation of lecturers in scientific and educational activities in collaboration with the Department of Energy Law at the Kutafin Moscow State Law University (MSAL).
72-75 431
Abstract
The article discusses the features and current approaches to teaching new branches of jurisprudence based on positive experience gained at the Kutafin Moscow State Law University (MSAL), where in 2010 the Institute of Energy Law (now the Institute of Contemporary Applied Law) was founded -- the first and only educational institution at that time in Moscow and in Russia that focused on training professional lawyers for the energy industry. The paper carries out an analysis of an innovative learning system developed for teaching "Constitutional and Legal Framework of Energy Law" in accordance with current legislation and recommendations of the educational-methodical literature. The article outlines specific characteristics of the training course "Constitutional and Legal Framework of Energy Law" formed in such a way that in the process of studying this subject the student masters both basic knowledge in the field of constitutional law and additional knowledge necessary for a lawyer in the sphere of energy. The education results of the students of the Institute are largely determined by the competences, students' abilities to apply that knowledge, skills and personal qualities acquired by students in accordance with the objectives of professional activity.
76-86 669
Abstract
Among legal categories that are important to distinguish branches of Russian law a special place is occupied by the category "subject". Meanwhile the subject of a branch of law acts as an object of study of a relevant sectoral legal science and legal discipline. Constitutional (state) law of Russia as a branch of law also has its own scope of regulation (a certain range of public relations) that have been subjected to constant debates in scientific and academic circles during the Soviet and post-Soviet periods. With all peculiarities of a state ideology at each stage of the development of the Russian State and uniqueness of author's opinions, we can detect certain continuity in understanding the essence, structure, content and value of the subject of the Russian constitutional (state) law. In particular, the continuity is observed, firstly, in the perception of categorical understanding the phenomenon to be researched (a category "the subject of constitutional (state) law" established itself as a combination of homogeneous, coherent public relations subject to regulation by means of constitutional (state) law norms); secondly, in identifying basic public relations and specific, narrowly formed public relations regulated by the rules of the constitutional (state) law; thirdly, in structuring regulated social relations into groups with a focus on the structure of the Russian Constitution; fourthly, the content of individual groups of social relations that form the subject of the constitutional (state) law of Russia of the Soviet and post-Soviet periods; fifthly, in establishing and justifying the leading role of the constitutional (state) law in a number of other areas of Russian law, primarily because of uniqueness of regulated social relations. The author determining some continuity of the subject of the constitutional (state) law of the Soviet and post-Soviet periods does not deny supplementing of the subject of legal regulation by a new content on the basis of an updated system of social values, an upgraded system of the theory and practice of Russian constitutionalism.
87-94 456
Abstract
In the article, the author concludes that the system of education complies with the system of governing the society and the State as a whole. Thus, the right to education in socialist countries where the unity of power is proclaimed is based on the unity of science, education and up-bringing is aimed at integrating people. To this end, education still continues to demonstrate its effectiveness and high quality. A liberal education system, by contrast, is closed and allows only wealthy people take advantage of this "social elevator." The masses are not provided with an available basic, fundamental education allowing perceiving reality adequately. In this regard, due to the rise of internal and external threats to the Western model of education is hardly suitable for our country. Education in Russia should be reformed, above all, in the light of its national interests, historical, ethnic and other peculiarities.
95-103 457
Abstract
This article discusses organization of legal education in Canada, identifies its peculiarities. Among them: lack of uniform standards of legal education; a multilevel system of conditions and tests required for admission to law schools as learning experiences, attainment in previous university, logical thinking, etc.; the system of "credits" for each academic subject allowing students to choose them independently; ban on entering the Master's program without basic legal education; a system of students' performance evaluating keeping a record of their performance during the entire period of training; the combination of theoretical and practical training, priority of constitutional law among other subjects, the focus on studying examples of genuine protection of the rights of citizens; an interactive training system where the professor primarily stimulates interest in knowledge, the work of thought and the formation of arguments; the introduction of a system of admission to the profession where skills of practical work are acquired; certification of legal qualification. These features, according to the author, have a positive impact on the quality of legal education in Canada; therefore, it is advisable to consider the possibility of their application in Russia.

THE THEORY AND PHILOSOPHY OF LAW

104-115 427
Abstract
This article deals with the history of foreign and Russian legislative practice of applying such a legal-technical method as a separate article-glossary. The author examines current trends in the field of using articles-glossaries and the quality of their compilation in the Russian legislation including: application of the system of concepts only "for the purposes of this Act"; increase in volumes of articles-glossaries; inflation of legal terminology; increasing complexity of the concepts defined in the glossary; a phenomenon of "doubling the concepts," introduction to articles-glossaries non-informative definitions; change of legal interpretation of definitions by means of using information technologies. On the basis of the analysis, the author anticipates three possible scenarios for the further development of the situation in the sphere of using articles-glossaries. The author proposes a scientific concept of improving articles-glossaries in Russian legislation.

STATE POWER AND LOCAL SELF-GOVERNMENT

116-125 667
Abstract
The article describes the procedure of enacting laws in Russia and in the world. After revolutionary liquidation of absolute monarchies in democratic countries of the world the following theses have established: laws of the state are passed by the Parliament, not by a monarch, and the Parliament is the only legislative body (laws of constituent entities of the Federation and some territorial autonomies then were not discussed). These provisions are enshrined in many national constitutions, are justified in scientific inquiries, and are given in textbooks. In XVIII-XIX centuries, when Constitutions included such provisions, there existed bicameral parliaments. Unicameral parliaments appeared later. In Russia Parliament is bicameral, but the wording is such that the provision regulating enactment of a law is applied only to one chamber. Part 1 Article 105 of the Constitution provides that federal laws are passed by the State Duma. In our view, neither general position with regard to Parliament nor the rule of the Russian Constitution concerning the State Duma reflected the complexity of the process of passing laws in the State in changed circumstances of our time. The text adopted by Parliament as a law, in fact, may not become a law if it is not signed by the head of the State, and the text adopted by the State Duma may remain under the threat of being vetoed, which can be not overridden. In some foreign countries (for example, in the United States), there are many cases when laws passed by Parliament had not, in fact, become laws, but remained as draft laws adopted by the Parliament because the Parliament failed to overcome the veto of the President. In France, Italy and other countries there were cases when the Senate did not confirm the texts of draft laws adopted by the lower House, and they did not become laws. In Russia the Federation Council also rejected texts adopted by the State Duma, and they were adopted only after being approved by the Conciliation Commission. Therefore, not always Parliament itself (and one Chamber - the State Duma in Russia - decides it even more rarely) finally decides whether its text will become a law. There is a need to clarify constitutional wordings with regard to exercise of the constitutional right to pass laws, and not only in the Russian Constitution, but also in the constitutions of other countries of the world under contemporary conditions. The article deals exclusively with the laws of the State (in addition to them there are laws of constituent entities of the Federation and, sometimes, territorial autonomous entities) and with the role of Houses of Parliament and the Head of the State in passing laws. Regulatory issues and problems of delegated legislation, as well as promulgation of laws by emergency authorities (military, revolutionary councils, etc.) are not considered within the framework of this article. Also, the author does not dwell on law-making bodies in some other countries (for example, the Grand Jirga in Afghanistan or the People's Consultative Assembly in Indonesia).
126-131 485
Abstract
The proposed article discusses the impact of globalization processes on the content of the right to privacy. The author notes that constitutionalization of the right to privacy is possible by adjusting the content of the constitutional right to privacy, modifying the constitutional negative right into a multicomponent right, which includes both positive and negative rights. Constitutional justice takes a special place in this case, which would allow such adjustments without changing the wording of the Constitution itself.

FINANCIAL LAW

132-143 7488
Abstract
This article considers the issues of monetary circulation from the example of the development of the national payment system introduced with the adoption of the law on the national payment system in the 2011. The author analyzes the provisions of the development strategy of the national payment system, the aims and objectives of its adoption. The developing payment system "MIR" is assessed and its international analogues are presented. The aim of this study is to analyse the existing Russian legislation for the improvement of the national system of payment cards.

LABOR RELATIONS AND SOCIAL SECURITY

144-151 2181
Abstract
The article is devoted to an topical problem of labour law of the Russian Federation - a lack of improvement of legislative framework regulation of labour relations and other directly related relations which leads to deterioration of the legal status of workers. This situation determines the need to analyse the different forms of this issue with a view to making recommendations to improve the labour legislation in the sphere of definition of the goals and objectives of the regulation of labour relations and other directly related relations. The need for this optimization is dictated by the need to achieve an optimal balance between the interests of employers and employees. The article distinguishes between six forms of the problem, namely: the absence of optimal formulation of the goals and objectives of the legal regulation of labour and other directly related relations; a mismatch of contractual regulation of labour and other directly related relations goals and objectives of the labour legislation; the contradiction between the goals and objectives of the labour law, on the one hand, and the fundamental principles of legal regulation of labor and other directly related relations, on the other hand; the underestimation of the role and importance of written agreements on full material liability of employees; the actual failure that apprenticeship is a form of regulation; the presence of the inconsistency of Article 419 of the LC RF "Types of liability for violation of the labour legislation and other acts containing rules of labour law articles 91 LC RF "The concept of working time. The normal duration of working time" and Art. 189 of the LC RF "Labour discipline and work schedule."
152-158 464
Abstract
The article is devoted to bringing highly qualified specialists to the implementation of work in the Russian Federation. In light of the transition of the Russian economy to the innovation way of development, the article raises the issue of the need to engage highly qualified specialists from foreign countries in the work of the scientific and educational organizations. The author gives an overview of the status of highly qualified specialist, identifies problems in the legal regulation of the employment relationship with this category of workers. Thus, the analysis of the procedure for the election of the competition to fill the position with highly qualified specialists is carried out. In addition, the author raises the question of the advisability of holding certification suitability qualified specialist positions. The author identifies conflict of laws of labour and migration legislation. In order to solve this problem the author suggests that the labour code of the Russian Federation be introduced into a new chapter governing the peculiarities of attraction of foreign workers to the work in Russia.

LEGAL REGULATION IN THE INFORMATION SPHERE

159-165 791
Abstract
This article takes a look at topical issues of legal and institutional information security of Russia in the light of the doctrine of informational security of the Russian Federation, approved by the Decree of the President of the Russian Federation dated December 5, 2016 No646. Analyzing in detail the document of strategic planning, the authors point to the need for a qualitative improvement of the legal framework and mechanism of information security system in the light of new threats and challenges of the modern world. The objective assessment of a new law in legislation in the field of information security of the Russian Federation is accompanied by reflections on the problems of information security at the national and international level, responsibility for the effective resolution of which largely rests precisely on the law.

CIVIL LAW

166-174 644
Abstract
The specifics of the proprietary-legal protection of the right of ownership and other material rights is to use special claims based on the evidence of the plaintiff of its title. A draft legislation to amend the Civil Code of the Russian Federation proposes the establishment of a closed list of code proprietary ways to protect property rights. These methods include the vindicatory and negatory actions, as well as the recent widespread in judicial practice action for release of property from seizure (deletion from inventory) and an action for the recognition of property rights. The usufruct takes place in the system of independent proprietary rights under the draft legislation. This article discusses the features of the protection of usufruct by the claim for recognizing the right, namely: the author reveals the essence of the claim, defines its subject matter and grounds, actors (the plaintiff and the defendant), the conditions of presentation. In addition, on the basis of the analysis of judicial practice and legislation on the limitation period, the author finds that the claim for recognition of the rights in the essence refers to the requirements on which the Statute of limitation does not apply.

CRIMINAL LAW

175-182 795
Abstract
The article considers the history of adding the norm about criminal responsibility for the organization and participation in the terrorist community (Art. 205.4), as well as some changes to it. There is an analysis of the current edition of Art. 205.4 of the Criminal Code of the Russian Federation. The author notes some gaps controversial nature of some of its provisions, as well as their possible negative impact on law enforcement. Some proposals for improvement of editorial standards under consideration are offered. In particular, with a view to eliminating unnecessary duplication and contradictions it is proposed to delete from Part 1 Art. 205.4 of the Criminal Code of the Russian Federation the reference to terrorist activity with simultaneous addition of the list of crimes contained in the terrorist act. It is concluded that the terrorist community cannot and must not be created for the purpose of committing any crime. Dissemination of Art. 205.4 the on cases that are not directly related to terrorist crimes looks artificial and far-fetched. In this connection, it is proposed to exclude from Art. 205.4 of the Criminal Code of the Russian Federation the words about preparation or perpetration of any crime in order to "promote, justify and support terrorism."
183-190 911
Abstract
This article discusses the provisions of the penal law, defining the concept and meaning of mental disorder, not precluding sanity. The author shows the similarities between the characteristics of mental disorder, not precluding sanity, provided for in Art. 22 and 106 of the criminal code, and identifies the differences between them. So, the author notes the specific features associated with the fact that the provisions contained in Art. 22 of the Criminal Code are a means of individualization of punishment and not limited to any kind of crime and may be taken into account when sentencing and deciding on the imposition of coercive measures of a medical nature, i.e. they affect the individualization of criminal responsibility and limited sanity in design Art. 106 of the Criminal Code is used as a sign of a privileged membership, i.e. as a means of differentiation of criminal responsibility. When analyzing the provisions of Art. 06 of the Criminal Code of the Russian Federation, the author examines the relationship of mental disorder, not precluding sanity, childbirth and the post-natal period.

CRIMINALISTICS AND CRIMINOLOGY. FORENSIC SCIENCE

191-197 471
Abstract
This article discusses some of the features of different types of tactical interrogations in cases of violations of privacy. The author justifies that characteristics such as the completeness and relevance, objectivity and efficiency of descriptions are stem-forming in all sorts of interrogation. It is stated that the characteristics of interrogations are relized in quite a specific way: communication is the basis for questioning between the investigator and the parties to it. Among those from whom you may need to obtain information during investigation of criminal violations of privacy can be found the following categories: the victim, a witness, an expert, the suspect or the accused. The article considers the problem of objectivity when questioning descriptions as misinformation. It is recommended that the investigator should choose the tactics of interrogation, take into account the interest of persons under interrogation in the outcome of the case, particularly the establishment of psychological contact and effective use of techniques aimed at preventing attempts to perjury. Based on examples from the investigative practices, other recommendations for the interrogation to ensure its completeness and objectivity are provvided.
198-208 931
Abstract
The scope of "expert knowledge of a forensic examinor" and its contrast to the notion of "competence of a forensic examinor" for many years has been the subject of scientific debate. The article carries out structural-linguistic analysis of the proposed definitions of competence, based on the analysis proposed by author's formulation of this notion. Special attention is given to the structural elements of competence, allowing you to fully appreciate the competence of the forensic examiner to conduct expert studies.

THE JUDICIARY AND COURT SYSTEM

209-218 2366
Abstract
The article examines the conflicts and contradictions that have arisen in the implementation of the concept of judicial reform in the Russian Federation, adopted in 1991. The author highlights the main problems in the implementation of the objectives set out in the Concept: super-centralization of the judicial system, social stratification of justice, strengthening the conviction bias, staffing issues, breach of the principle of judicial independence. In the course of the study of this subject the author makes conclusions about the urgent need for a new reform of the Russian judicial system. Besides, the country needs radical innovations to ensure the real independence of judges from both the Executive Branch and from market players, and simultaneously loosening the centralization of authority of presiding judges. Otherwise, it will not be possible to regain the trust of the Russian society to justice.

INTERNATIONAL LAW

219-226 734
Abstract
The article is devoted to legal methods and means of unification of legal regulation of foreign trade of energy sources of the countries belonging to the international integration association BRICS. It is concluded that in the development of international energy cooperation of BRICS Member States, priority objective of jurists is the creation of a common legal space. As for the trade of energy resources itself, the priority, first and foremost, must be given to the harmonization of national civil law, as a branch of law governing private legal relations with foreign element, which requires a method of harmonization of law. The author identifies and analyses the modern objective reality factors that complicate the process of forming a unified legal space of the foreign trade turnover of the energy resources of the BRICS. It has been established that existing agreements are in fact software acts establishing only the general direction of the development cooperation of the participating countries, and do not contain specific provisions on the regulation of the energy market. In this context, there is an obvious need for modernization of private law foundations of circulation of energy resources, first of all, the law applicable to the contract of sale. It is proved that the provisions of the Vienna Convention of 1980 are of the utmost importance for the BRICS Member States, which must be taken into account by national legislators in the process of convergence of the civil-legal regulation. The author concludes that the legal regulation of the sale of the BRICS countries can hardly be called a uniform, but the fact of participation in the Vienna Convention, a majority of the members of the Association and its application in those countries provide the necessary fundamentals of much-needed for the successful implementation of the trade of energy resources, a unified legal space integration inter-country Union. The author identifies uniform legislative approaches of countries-participants of the BRICS in the regulation of the conditions of recognition agreements (deals, agreements) associated with foreign trade circulation of energy resources that define them as prisoners (valid) and the reasons for their termination.

INTEGRATION LAW

227-233 496
Abstract
The article is devoted to the identification of the characteristics of the formulation and the principle of mutual recognition in the European Union. This principle is set in the area of the internal market, in particular in the framework of its four freedoms, and the area of freedom, security and justice. The establishment of the principle of mutual recognition in different areas happens differently, moreover its clear wording is still not reflected in the constituent acts of the European Union. There is no direct definition of principle and precedents of the Court of the European Union. Thus, fixing pretty multifaceted mechanism to implement the principle of mutual recognition, regulatory acts of the European Union do not give its definition, which certainly carries a feature in disclosing the problem.
234-242 1289
Abstract
The article discusses the evolution of the sources of the customs law of the European Union, much attention is paid to the background and reasons of the reform of EU customs legislation, in particular in view of the adoption of the Lisbon Treaty of 2007 and the Customs Code of the Union. We consider the rules of primary EU law, have the greatest significance in the sphere of customs regulation. Also, an analysis of the role of secondary law in the system of sources of EU customs law. Particular attention is paid to the role and development of codified acts in EU customs law, either directly of the Customs Code, and the regulations adopted in its development. Detailed study of the phenomenon of non-entry into force have already adopted the modernized Community Customs Code. The features and the role of acts of "soft law", international treaties in the field of customs. The paper paid attention to the place of judicial precedent in the customs law of the European Union.


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ISSN 1994-1471 (Print)
ISSN 2782-1862 (Online)