The article analyzes historical and legal sources of transport law in the Soviet State after the October Revolution, the 100-year anniversary of which is to be celebrated in 2017. The early months of the Soviet Rule were characterized by the tendency supported by public authorities for rejecting legal institutions that had operated in the Imperial Russia and being guided by revolutionary legal consciousness with the view to law disappearing as a legal category in the future. However, the daily reality urged that the immediate implementation of that step was impractical; the author develops the concept of preserving legal norms until "the establishment of the communist system." Decrees adopted with the participation of the All-Russian Congress of Soviets, the All-Russian Central Executive Committee (ARCEC), the Council of People's Commissars (CPC) became main normative-legal acts of transport law. In the conditions of the Civil War the decrees of the Council of Workers' and Peasants' Defense (CWPD) amounted to important sources of transport law. The author considers that not only law-making activities of the Soviet State authorities should be taken into account, but also activities of the Governments of the White Movement and "democratic counterrevolution" that operated in several regions of the country. The hierarchical ladder of transport law sources included decrees, orders, regulations and decisions of departmental regulatory authorities, charters of railways, business customs, and treaties. The author outlines his opinion with regard to a debatable issue concerning the possibility of referring party acts to sources of law. The paper demonstrates the specificity of the sources of transport law.

This article analyzes the criminal procedure legislation of the pre-revolutionary period, starting with individual decrees of Peter the Great. On the basis of analysis, the author concludes that the prerequisites for the formation of the court powers for correcting pre-trial investigation defaults are the individualization of independent judicia'y and the separation of investigatory functions from settlement of a criminal case.

Examination of the constitutional and legal framework used for the implementation of the national policy through the prism of its definition based on the works of domestic and foreign researchers and limited to two main approaches revealing its scope clearly illustrates the significance of an exclusive jurisdiction of constituent entities of the Russian Federation in the sphere of the national policy and encourages the examination of the adequacy of its legal regulation. Thus, articulation of a research problem makes it possible to answer the question concerning the possibility of an independent legal regulation of the national policy implementation by constituent entities of the Russian Federation with regard to the issues not covered by the joint jurisdiction. The analysis of the constitutions and charters (basic laws) of the constituent entities of the Russian Federation makes it possible for the author to determine 6 approaches to the legal regulation of issues of the national policy in their highest legislative acts. In conclusion, on the basis of the national policy existential significance for multinational Russia, the author states the need to consolidate its separate issues related to a separate jurisdiction at the level of federal legislation.

The article discusses different points of view on the concept of ”a legal proposition (ratio decidendi) of the Constitutional Court of the Russian Federation.” Based on analysis of the points of view in question, the author highlights the main features of this notion and offers the author's definition of legal propositions (ratio decidendi) of the constitutional (charter) courts of the constituent entities of the Russian Federation. The analysis of the regional legislation regulating constitutional (charter) courts shows that the legal propositions of constitutional (charter) courts of the constituent entities of the Russian Federation and the decisions of the authorities mentioned are not identical concepts. A legal proposition of a court (ratio decidendi) is referred to as a rule (principle) formulated by the court in a case dealt with by this court as a result of the court interpretation of a legal act. The legal proposition of a regional body of constitutional justice is assigned a normative-interpretative nature and it applies not only to a purely specific normative legal act that should be evaluated in a particular case, but also to regulations that duplicate the provisions of the law evaluated by the court.

The subject of the research involves issues of the legal and organizational regulation of the activity of the territorial public self-government. The object of the research covers the issues of territorial public self-government in the Russian Federation. The author carries out the analysis of the legal status of the territorial public self-government, an organizational structure of the TSG, the balance between the federal legislation and municipal legal acts in relation to this specific area. The analysis of the literature on the subject of the research made it possible to reveal major shortcomings in the legal regulation of the territorial public self-government. The main conclusion that is made according to the results of the study highlights that the federal legislation governing the activities of the territorial public self-government needs further improvement. The main contribution that is made by the author in this article is identification of the need for determining the organizational structure of the territorial public self-government by means of the federal legislation. The novelty of the article involves elaboration of proposals aimed at further improvement of the legislation in order to regulate the basic elements of the TSG organizational structure. In particular, the author suggests that federal legislation should provide for such elements as an executive and supervisory body of TSGs (in an individual or collegiate form), determine the term limits for such bodies, and contain the rule on granting the Assembly (Conference) of Citizens an exceptional power for an early termination of the activities of these bodies.

The paper analyzes administrative regime of transit movement of foreign citizens and stateless persons through the territory of the Russian Federation. The author describes characteristics of this legal regime, reveals its peculiarities, classifies foreign citizens engaged in transit movement through the territory of Russia, clarifies the definition of "transit", as well as provides definitions of "transit movement of foreign citizens via the territory of the Russian Federation" and administrative regime of transit movement of foreign citizens through the territory of the Russian Federation." The author identifies the problems and suggests ways of their solution.

A financial sector plays an important role in the economy of each country. Russia is not an exception in the sense that after political sanctions were imposed against our country the issue of improving an investment climate in the country has become particularly relevant. To this end, Islamic finance can serve as a source of an internal financial reserve that encourages us to establish relations with the countries of the Persian Gulf and, at the same time, stimulate the lagging economic sectors.

The article is devoted to the study of peculiarities of an Islamic financial model. The key conclusion of the article reads as follows: Islamic finance is not an established model of financial relations. The Islamic financial model (IFM) has not yet developed its own concepts with regard to a number of methodological issues arising from the requirements imposed by Sharia on finance and it uses the concepts adopted from conventional finance models. Therefore, despite its name, the IFM has not become a model yet and, despite promising perspectives, it is still an integral part of the traditional financial system.

The article is devoted to actualization of legal regulation of moral harm compensation relations in the context of systematization of problems of their legislative regulation In order to draw the directions of actualization of the legal regulation of the institute of moral harm compensation, the article examines, summarizes (classifies) some problems of the legal regulation of relations involving moral damage compensation that have been repeatedly discussed and analyzed by domestic civil law scholars, the ways to deal with certain problems have also been examined. Such problems traditionally include: unjustified restriction of the methods of moral harm compensation, lack of a full and adequate definition of moral harm, certain conflicts of terminology, lack of both a complete list of criteria for determining the amount of compensation for moral harm and methods of determining the amount of the compensation for moral harm. Systematization of problems of legal regulation of compensation awarded for moral harm made it possible to justify and isolate individual directions of actualization of the legal regulation of the institution in question: 1) improvement of a conceptual apparatus of the institute of moral harm compensation; 2) improvement of the legal regulation of individualization and differentiation of moral harm compensation; 3) consolidation of methodology for determining the amount of moral harm compensation in legislation.

The article identifies foundations, a structure and significant aspects of scientific cognition of interconⁿections between civil procedural law and substantive law in the Russian legal system. Taking into account such interconnections makes it possible for this branch of the procedural science to elicit an obvious indication of such interconnections, which is important during the study of the procedural area of court proceedings by means of examination of the essence of the court proceedings in view of its substantive and procedural nature. This focus of research is illustrated by examples of the modern legal regulation and judicial application.

The paper estimates a theoretical and legal content of the notion of self-protection as an institution of substantive civil law and the admissibility of evidence as an institute of procedural law by the example of using audio and video recordings as evidence in court. Based on the fundamental work written by V.P. Gribanov "Implementation and protection of civil rights," the author reveals the most significant aspects of the admissibility of audio and video recordings for the purpose of self-protection. As a result of the analysis of modern jurisprudence, the author concludes that in the practice of representatives and in judicial decisions the evaluation of admissibility of evidence by court is substituted by the evaluation of "admissibility" of self-protection when making audio and video recordings. As the result of this work the author identifies incomparability of the concepts in question: self-protection of civil rights is a way to protect civil rights, while the admissibility of evidence is associated with their procedural form. Such a substitution prevents evaluation of admissibility of audio and video recordings in law-enforcement practice.

In a market economy the volume of government procurement of goods is constantly increasing. Thus, public procurement can be considered as an incentive for the production of competitive goods, as well as State programs to support domestic manufacturers and small businesses. The author analyses the application of anti-dumping measures. This article discusses both the positive and negative sides of the adoption of the Federal Law dated April 5 2013 № 44-FZ "On the contract system in the area of procurement of goods, works and services for public and municipal needs," analyses the main differences with the Federal Law dated July 21 2005 № 94-FZ «On placing orders for the supply of goods, works and services for public and municipal needs." It is proposed to eliminate an auction as a way of defining suppliers for procurement for State and municipal needs, since this contradicts the principle of stimulating innovation, in favor of ar a tender as a priority means of determining suppliers.

The article using the example of the Soviet law of 1920-1930 proposes and develops the concept of ad-ministrativizm as a normative paradigm inherent in labor law. The content of the paradigm is understood as state authorities' regulation of labor relations and associated relations by means of a centralized method imposing detailed regulations on the widest possible range of social relations. The author highlights the following as elements of administrativizm: the lack of a fixed scientific-theoretical explanation and justification, a constant and steady increase in the number of regulatory legal acts at the federal level, deterioration of consistency of the sources of a branch, focus on the State supervision and control in the sphere of labor, an exposure of the labor legislation to the influence of political considerations, a tendency of the legal consciousness to opt for a centralized authoritarian settlement of labor relations. The author concludes that modern Russian labor law possesses some features of this paradigm.

Lately, the criminal law has seen quite a particular trend to changes aimed at combating corruption. Many of the changes do not possess the nature of absolute novelties which is vividly evident in the case of Art. 2911 of the Criminal Code of the Russian Federation. This article had already been present in the 1960 Criminal Code of the RSFSR and again has found its place in the existing Criminal Code. This article is devoted to consideration of issues arising from addition to the Russian Criminal Code of articles providing for criminal responsibility for mediation in commercial bribery, as well as for petty bribery and small commercial bribery. The supplement of these articles of the Criminal Code of the Russian Federation is reactionary in nature, since it is caused by the high rush around corruption crimes committed by officials and have received quite a lot of publicity. The article considers positive and negative aspects associated with the addition of the articles into the Criminal Code of the Russian Federation, as well as suggests ways to address emerging problems of criminal law.

This article discusses specific issues relating to the history of Russian legislation on responsibility for mediation in bribery. It is noted that the rule introduced in the Criminal Code of the Russian Federation in 2011 had been known in the Soviet criminal legislation (Criminal Code of the RSFSR, 1922, Edition of 1926 and 1960), and it is also proposed in the Model Criminal Code for CIS Member States (1996). When analyzing Article 2911 of the Criminal Code of the Russian Federation the author takes notice of a number of controversial wordings in dispositions and sanctions of the rules contained in this article. The author proposes to review the disposition of Art. 2911 Part 1 of the Criminal Code of the Russian Federation. The article also addresses the rulings of the Plenum of the Supreme Court of the RF (RSFSR, USSR) on responsibility for bribery mediation, and provides modern enforcement practice. It is noted that some recommendations of the highest court of the state must be brought into line with the language of the law - a legal definition of bribery mediation.

The subjective part of the elements of endangering under Art. 215, 217, and 247 of the Criminal Code of the Russian Federation is characterized by willful or negligent form of guilt. The science has not developed a single concept in relation to legislative structure of the elements of endangering. Some scholars consider the elements of endangering to be formal, and others - materially defined. The author is a supporter of the latter position. In situations where the elements of endangering are implemented by several persons, among whom at least one person acts intentionally but others negligently, it is advisable to consider crimes as ones committed through an innocent agent. The article substantiates the need for recognizing identical socially dangerous consequences as elements of endangering in the form of: 1) a threat causing grievous bodily harm to one or more persons; 2) threats causing the death of one or more persons; and 3) threats causing other serious consequences.

International organizations, as primarily subjects of public international law, often become a part of private law, employment relationship being an important part thereof. Persons entering into these relationships, have to take the special legal status of international organizations into consideration, as well as their non-submission, in some cases, to the jurisdiction of national courts. This article analyzes the practice of Russian courts on labour disputes involving international organizations. The author suggests that the initiation of proceedings with respect to an international organization as a defendant and the court judgments on the merit of the dispute only with the express consent of the organization may distort the point and the assignment of the provided immunity and violate the right of everyone to have access to justice. It is noted that, on the one hand, there should be a balance of the rights and interests of international organizations, and on the other hand, of all those entering into a relationship with this organization.

This article describes the genesis of the jurisdiction of the judicial institution of the European Union in the field of one of the most rapidly developing economic spheres - energy. The author touches upon the main features of supranational jurisdiction court of the EU as a whole, as well as analyzes the main provisions of the constitutive treaties of the EU and the precedents of the Court of the EU in the energy sector in different periods of the European integration development, starting from the year 1951, namely enshrined by the Treaty establishing the European Coal and Steel Community of the onset of the European Coal and Steel Community - the first regional integration organization on the continent having made a significant contribution to the creation of the European energy market and ending with the date of entry into force of the current Lisbon Treaty, embodying the fundamentals of the EU energy policy. In conclusion, the author highlights the main trends in the evolution of the EU Court jurisdiction on reviewing and resolving cases in the energy sector.

This article is devoted to the analysis of the legal nature and essence of the pilot judgments procedure in the European Court of Human Rights. The author explores the views of domestic and foreign scientists on the question of the legal nature, content and other aspects of the essence of the procedure of pilot judgments. The author concludes that initiation of the procedure of the pilot judgment does not cover and does not reflect all violations and related legal problems faced by the claimants, including those caused due to structural problems. The article also discusses the European Court properties acquired due to the application procedure of the pilot judgments, deficiencies in the legal framework of the procedure of pilot judgments and other issues related to the legal content of the considered procedure. The author notes that with the fixation of a pilot judgment mechanism the Court has given itself a new function - the ability to dictate state-defendants specific ways to address the violations of the Convention in the domestic legal system. In the final part of the article it is indicated that there is a need and necessity for further improvement and regulation of standards and provisions that would fully disclose the nature and paradigm of the procedure development.

The article discusses the nature and analyzes the features of fee simple absolute as a key, fundamental title in the system of real property law in the United States. It is noted that this title is the closest to continental (incl. Russian) proprietary structures. The author examines the characteristics of this title: its potentially infinite duration, alienability, completeness of powers given to the owner, the absence of encumbrances, etc. The article explores the requirements on the use of certain reservations and phraseological units in agreements and unilateral contracts, on the basis of which property is transferred due to the fee simple absolute. The author examines controversial provisions of the doctrine, legislation and case practice of the United States that define the principles of application of the rules on fee simple absolute. Particular attention is given to the special statutory rules, which contribute to the interpretation of the party's intent to transfer ownership based on fee simple absolute and/or to obtain such a right. In conclusion, the author summarizes the analysis of the Anglo-American approach to defining fee simple absolute as a subjective civil right, as well as evaluates the risks of artificial delineation of property rights and objects which these rights can be applied to.

Business with partners from countries belonging to different legal families is often connected with legal uncertainty. The present study, without claims for fundamentalism, attempts to shed light on the peculiarities of legal characteristics of penalty institute in the countries of the Islamic legal family. The article is not only aimed at scientists, but also possesses a strong practical meaning, and, therefore, will be useful for both "theoreticians" and those participating in business, working in the markets of the countries of the Middle East. The study questions the specifics of the application of the provisions of the Islamic Sharia. In particular those relating to the prohibition of interest (Riba). The question about the feasibility of the application of the doctrine of Riba to the penalty is studied. The author provides opinions and practice of state courts in the region, and international arbitral institutions. The author suggests a generic characteristic of penalty in the countries of the Middle East. He defines probable causes of formation of the Institute under study in its current form. In order for the penalty clause to be executed in the Middle East, the author provides particular recommendations for those participating in business activities.

This article is devoted to the comparative legal analysis of an interdisciplinary concept "association of citizens" in the practice of CIS countries. The focus of the article is given to the constitutional concept of specified content in conjunction with the international principle of freedom of an association. It is revealed that, on the one hand, within the framework of the CIS countries the constitutional text comprises reproduction of international standards and principles, according to which everyone has the right to associate for the purpose of joint activities in the area of mutual interest. However, on the other hand, further constitutional provisions aimed at promoting the concept of "association of citizens" specify and highly restrict the right for association. The author advocates the position that the term "association of citizens" and the legal status of public associations in the CIS countries, taking into account the material constitutional proceedings in application of the international principle of freedom of association, requires substantial legislative work.

The article highlights the objective relationship between investigation and criminal procedure and, as a consequence, the inadvisability of individualization of public prosecutor's supervision over execution of laws by the authorities conducting investigative activities as an independent branch of the public prosecutor's supervision. On the basis of an analysis of the provisions of the Constitution of the Russian Federation, federal laws and departmental normative legal acts, the author reveals the specifics of arranging public prosecutor's supervision over investigative activities, and justifies the necessity of such an arrangement. The article indicates the imperfection of legislative regulation of the implementation issues of public prosecutor's supervision over investigative activities. The author justifies the position that supervision over the execution of departmental normative legal acts by the authorities carrying out investigative activities, which contain provisions relating to the restriction of the constitutional rights of citizens, is part of the subject of public prosecutor's supervision over investigative activities.

This article attempts to present the author's approach to understanding the essence and contents of the monitoring and supervision, the need for their distinction as separate and autonomous forms of public power meaningful activities. The author concerns that in some cases we are talking about the irrelevance of differentiation of both the concepts of monitoring and supervision, and their functional amenities. The article shows the essence of monitoring and supervision activities, provides objective criteria in distinguishing the activities of monitoring and supervision bodies in terms of their powers, documentation of the results of monitoring and supervision, the ability to bring the perpetrators to justice, etc. It is noted that in fact the legislator ignores the achievements of scholars on the problem of distinguishing the terms "monitoring-supervision", still using them as synonyms that negatively affects not only the terminology, but also to a certain extent a clear definition of functional conditioning of monitoring and supervision bodies. The author proposes to recognize only Public Prosecutor's Office as a supervisory body, and to consider all other authorities (federal services, inspections, etc.) as monitoring ones. In support of this approach, the author studies the supervision powers of the Procurator's Office established by the Constitution and the Law, including exceptional (supervision over the compliance with the Constitution of the Russian Federation, and execution of laws by the legislative, executive and other public bodies, including regulatory, etc.). The special role of the Public Prosecutor's Office in supervision over ensuring the rights and freedoms of citizens is emphasized. The author notes historical autonomy of monitoring and supervision, as well as the fact that the modern period will require both legislative and functional individualization and differentiation.

The article contains the analysis of normative base, mechanism of data support of dissertation councils, the methodology of analysis examines the methodology for analyzing the performance of the members of the disserta-tional council and organizations for compliance with criteria values, examines issues related to the formation and analysis of performance indicators of members of dissertational councils and organizations. The research allowed the authors to come to the conclusion that there is a significant inconsistency in the composition of the dissertation councils, which is caused both by overstated requirements for the indicators of publication activity and by the lack of an analysis of these indicators at the level of organizations in general on the composition of the dissertational council. It seems that the solution to this problem should be related to the implementation of the road map activities, which in the future should allow the performance of members of dissertational councils to match the criterion requirements set by the VAK for dissertational councils and organizations in which these councils are created.