Review. The Article is devoted to the history of the Department of Labor and Social Security Law of the Kutafin Moscow State Law University and timed to the 85th Anniversary of the University

Review. The Article is devoted to the consideration of membership of the Russian Federation in the Council of Europe including the history of Russia's accession to the international organization, and the assessment of the results of Russia's twenty-year membership in the Council. The Article is prepared on the basis of personal interviews the author held with the participants of past events and with experts in European and International Law.

The Author considers the issues of the impact of the Council of Europe made on sovereign rights and law and order of Member States by means of institutional and legal mechanisms of the organization. The Author concludes that the cooperation of the Council of Europe with its Member States is based on the principle of noninterference in the internal affairs of states and their sovereignty in accordance with international legal practice associated with the restriction of exclusive domestic jurisdiction of states, particularly in respect of human rights. Particular attention is paid to the activity of the European Court of Human Rights, the Application of the European Convention For Protection of Human Rights and Fundamental Freedoms of 1950, their impact on the legal systems of Member States. It is emphasized that the Council of Europe by means of legal approaches exercised by the Court, directly or indirectly influences the law and order of Member States harmonizing their legal systems and law enforcement practices. The Author notes that membership in the Council of Europe, in turn, contributes to the development of the common cooperation vector between Member States and the advancement of the rule of law in Member States.

This article is dedicated to the judgment of the Constitutional Court of Russia of 14 July 2015, as well as to an issue of conflict between the «Strasbourg human rights protection system» and the «Russian human rights protection system». This article focuses on the request of deputies and positions of the European Court of Human Rights, which formed the basis for the decision of the Constitutional Court of Russia. Special attention is paid to the experience of the British courts in similar cases.

In the twentieth year of Russia's accession to the Council of Europe, the most heated debates are held over the correlation between the Russian Constitution and the European Convention on Human Rights 1950 (ECHR), the "legal powers" of the Constitutional Court of the Russian Federation (the CC of the RF) and the European Court of Human Rights (ECtHR), the place of judgments and decision of the ECtHR in the legal system of the Russian Federation. The Article substantiates the idea that, within the dualistic model of correlation between international and national law, the supremacy of the Constitution within the framework of the Russian legal system does not eliminate the requirement to honor international obligations. In this context, the failure to perform the obligation to enforce final decisions of the ECtHR (Art. 46 of the ECHR) that the Russian Federation has assumed cannot be justified solely by the reference to the supremacy of the Russian Constitution, because the Russian Constitution enjoys supremacy only within the framework of the Russian legal system. The wrongfulness of the act under international law and, therefore, international responsibility can be excluded only on the legal grounds adopted by the international legal system. The Article considers one of such grounds, namely, the state of necessity. The possibility of reference to this ground in the context of implementation of the procedure of hypothetical failure to enforce certain decisions of the ECtHR was declared in the Resolution of the Constitutional Court of the RF №21-P of 14 July 2015.

The Article analyzes the problems of resolving contradictions between provisions of the Constitution of the Russian Federation and the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Author concludes that it is unconditionally necessary to enforce the decisions of the European Court of Human Rights. The Author provides concrete examples to show that a potential conflict between the provisions of the Constitution of the Russian Federation and the Convention for the protection of Human Rights and Fundamental Freedoms is illusory, since the norms enshrined in the Russian Constitution are not inconsistent with the Provisions of the Convention on Human Rights. The Author proposes a mechanism for resolving these contradictions by means of introducing the institution of reviewing the Russian Constitutional Court resolutions in connection with final judgments passed by the European Court of Human Rights. The Author concludes that it is inadmissible for the Constitutional Court to consider the issues connected with cases on constitutionality of the judgments of the European Court on Human Rights because this contradicts international law.

The Article is devoted to considering amendments to Civil Procedure Law made in connection with the participation of the Russian Federation in the Council of Europe. It is stated that such amendments have been made at least in four cases. First, in connection with the enforcement of pilot judgments of the European Court of Human Rights. Second, in connection with the implementation of other judgments of the European Court of Human Rights. In particular, the Author considers the implementation of the principle of legal certainty, including the principle of res judicata. Third, initiating the procedure of reviewing Russian courts decisions due to the newly discovered circumstances, after the case was decided by the European Court of Human Rights. Fourth, the necessity for the higher courts to lay down the rule concerning the requirement for lower courts to take into account reasonings of the European Court of Human Rights.

The Article analyzes interconnections between international law and Russian national law concerning criminal procedure rules under the Charter of Criminal Proceedings 1864 and effective legislation. The Charter laid down the foundations for the implementation of international standards in the sphere of criminal justice. The principle of priority of national law over international law was implemented in the Russian Empire. The current Criminal Procedure Code contains the reverse principle of priority of international law over national law, which causes some difficulties in law enforcement. Primarily this takes place due to the fact that unlike the Charter that employed treaties with foreign powers only, the current criminal procedure contains a wide range of international legal principles, rules and treaties that should be applied. The Article provides examples demonstrating enormous but adverse impact of international law rules on the national legal system. The Author draws a conclusion that it is required to lay down a certain mechanism that allows to avoid and eliminate conflicts and to provide conditions to implement international law rules in national legal relations. Research methods: general methods of cognition (dialectical method); general scientific methods (the comparative law method, the structural-functional method, the systematic method, the method of formal-logical research, the method of theoretical analysis and synthesis of different reference sources, the method of generalization of findings and materials, conclusions); specific scientific methods (the method of comparative study, the historical method) and specific legal methods (the legalistic method, methods of comparative jurisprudence, law interpreting, generalization of judicial practice). The Author draws a comparison between the Charter of Criminal Proceedings 1864 and the current law concerning implementation of international law rules in the sphere of criminal proceedings. In order to avoid and eliminate conflicts arising in implementing international law rules in Russian criminal proceedings, the Author suggests that the legal mechanism should be developed that can make it possible to avoid and eliminate conflict situations and to provide conditions for implementing international law rules in national legal relations.

The Article analyzes the relationships between rulemaking activities of the Council of Europe and the Bologna Process that are aimed at creating the European Higher Education Area (EHEA). The Author proves that the Council of Europe was at the forefront of the Bologna process and the European Council is playing an active role in the Bologna process at the present stage. The Article describes the mechanism of educational qualifications recognition under the Lisbon Convention of the Council of Europe / UNESCO, 1997 (Convention on the Recognition of Educational Qualifications Concerning Higher Education in the European Region). Innovations of the Bologna Process introduced to educational systems of European countries are also subjected to analysis and critical assessment, and on this grounds the Author proposes alternative approaches to the further development of the EHEA.

The authors attempt to review current legal phenomena relying on the classic legal definition of the "legal system", based on the latest achievements in the theory of the state and law, the theory of international and constitutional law and the categorical scientific apparatus that was developed in these spheres of knowledge. mong numerous and diverse legal systems that can be distinguished in the world today, the authors draw main attention to legal systems of two types, namely, national and supranational legal systems. Applying theoretical and legal foundations, the authors make a typology of legal systems, provide their main characteristics and define their structure and functions. When making the typology of legal systems the critical importance is given to peculiarities of legal systems interaction with the external environment, i.e. in the context of interaction with another legal systems. The authors note potential positive and negative consequences of dissipative (public) legal systems that constantly exchange their elements with the external environment. Legal system protection becomes one of its important functions. The correlation of legal systems of two types is exemplified by the correlation of the law of the Russian Federation and the law of the Council of Europe. Along with numerous positive developments that have taken place during twenty-year experience of joint productive work of the Russian Federation within the framework the Council of Europe the Article defines a number of sensitive issues of co-existence of these two legal rules of law. Besides, the authors analyze more general disputable issues of correlation of international and national law, state sovereignty, legal systems autonomy, etc.

The law maker pays little attention to the importance of principles and terminology in the sphere of electronic documents management. This sphere requires an essential rather than formal approach. The Author notes that there is a systematic inconsistency of such terms as "an original document", "a copy of a document", "electronic image of a document" and "an electronic copy of a document" in current legal instruments and standards. The Author substantiates in detail that only the concept of a copy of an electronic document on paper can be unequivocally defined. The Author also notes the absence of the concepts "an original document" and "a copy" regarding any electronic (digital) document. In order to ensure an adequate level of security and long-term preservation of electronic documents the author offers to introduce into circulation the concepts of "a backup copy of an electronic document" and "a backup copy of a data carrier". The author analyzes the existing principles in terms of terminology vacuum in the sphere of documents management. In contrast to the European principle of equivalence of electronic and paper documents, in Russia the alternative principle of priority of data contained on a paper carrier prevails. Besides the requirement for certainty and unification of the terminology and conceptual framework, the author also underlines the importance of establishing unified principles of electronic documents management.

The article considers the content and interrelation of the concepts of "the right to natural resources management", "the right to forest management" and "the right to the access to natural resources". The author explores the concept of the "right to natural resources management" as one of the major institutions in the theory of environmental law, its characteristics and elements. The author also analyses the content of the concept of "the right to forest management" as a specific element of the right to natural resources management.

The article considers the issues of the legal status of the entities involved in small and medium business, the issues of providing legal basis in supporting entities involved in small and medium business, and legal status and functions of the joint-stock company "Corporation for the Development of small and medium business".

The article is devoted to the role of the Decent Work Agenda in integration procedures in the Eurasian Economic Union (EAEC). The article also considers cooperation and provides analysis of the acts of coordination between the International Labor Organization (ILO) and EAEC member states in the sphere of implementing fundamental principles of the Decent Work Agenda. The article provides thorough analysis of national decent work agendas and cooperation programs between EAEC member-states. On the basis of this analysis the author identifies general and specific problems in facilitating the Decent Work Agenda within the framework of regional integration. Special attention is paid to the existing mechanisms of the EAEC legal regulation with regard to labor and social security and to regulation mechanisms that can appear in the future. The author highlights a high level of flexibilization of the Decent Work Agenda that allows to transform strategic objectives taking into account national peculiarities of each EAEC member-state, employing different forms of cooperation on the ground of specific character of such cooperation. On the basis of the cumulative analysis of the priorities of the EAEC member-states the author suggests that the EAEC Decent Work Agenda should be developed and enacted. The EAEC Decent Work Agenda should be aimed at implementing strategic objectives of the Decent Work Agenda at both supranational and national levels.

The author of the study supports the scientists' standpoint on the presence of evidence of non-public investigation actions in the activities of an investigator and believes that under modern circumstances the effective investigation of crimes is simply impossible without non-public investigative criminal proceedings. Moreover, non-public investigation action means all activities in a criminal case (investigative actions and criminal procedure) which have the signs of secrecy and confidentiality. Given these signs of non-public investigative criminal proceedings the author suggests his own classification of the acts in question; besides, some common signs of non-public investigating and investigative actions and decisions are disclosed. While dividing non-public investigating activities in criminal cases into relatively and absolutely non-public, the author classifies non-public investigative activities and making non-public decisions according to the degree and purposes of non-publicity as absolutely non-public, relatively non-public and confidential. To sum up, the author dwells upon the need to revise current legal doctrines in terms of integration of investigating and criminal procedure.

The article analyzes different approaches to the dividing of the evidence into direct and indirect which are explained in the national criminal procedure works. The author expresses critical judgments concerning the position of a number of scientists who consider the relation of the evidence to the general subject of proof as the basis of classification of evidence to the general fact in proof which is currently enshrined in Art.73 of the Criminal Procedure Code of the Russian Federation. Moreover, the author considers the relation of evidence to the main fact (i.e. a certain person guilty of committing a specific crime) to be the most important element of proof in a particular criminal case and more appropriate and relevant to the traditional understanding which prevails in the national criminal procedure science. Based on this approach, the author proposes to understand the position of the fact, which is being proved, in the frameworks of the fact in proof in a particular criminal case as the basis for dividing evidence into direct and indirect. Moreover, the direct evidence is thought to be those stating the principal fact directly, and indirect evidence establishing it only in a secondary (intermediate, evidentiary) way which further help to establish the truth concerning the principal facts.

The article analyzes such subject matter of the investigative procedure as monitoring and recording of telephone and other conversations. The relevance of this issue stems from the fact that the wording of Art. 186 of the Criminal Procedure Code of the Russian Federation does not provide a clear answer to the question of what kinds of conversations can be monitored in the course of the investigative action in question. The issue has not been resolved at the theoretical level as well, which complicates the enforcement practice greatly. Analyzing the legislative wording and using a systematic method of interpretation, the author concludes that in the course of the investigative action under Art. 186 of the Criminal Procedure Code of the Russian Federation, the conversations conducted solely by means of telecommunications can be controlled. It is argued that such conversations include not only voice, but also non-voice messages. The author proposes to change the wording of the legal definition of this investigative action, bringing it into compliance with both the legislation in the field of communication, and with modern realities.

The article deals with some problems of classification of mediation in bribery and inflicting punishment for such actions taking into account the practice of application of Art. 291.1 of the Criminal Code of the Russian Federation and the provisions of the resolution of the Plenum of the Supreme Court as of 09/07/2013 №24 "On judicial practice in cases of bribery and other corruption crimes". Attention is drawn to the contradictory approaches to the question of whether the size of the bribe is a prerequisite for the criminal procedure under Art. 291.1 of the Criminal Code. Similar approaches are found when finding a solution to the question of possible recharacterization of mediation in obtaining or giving a bribe for mediation in bribery and vice versa. Higher courts concede such recharacterization in some decisions while in others not. The excessive severity of certain sentences regarding the size of the penalty for mediation in bribery is stated, making the penalties originally unenforceable. The author proposes to reflect the answers to these and other controversial issues which arise in the course of application of Art. 291.1 of the Criminal Code of the Russian Federation in a new version of the Resolution of the Plenum of the Supreme Court of the Russian Federation "On judicial practice in cases of bribery and other corruption crimes".

The article is devoted to the comprehensive study of the legal framework for combating corruption in China. The author considers the provisions of the existing acts of the law-making process in the field of study in question: China's Constitution, the Criminal Code of the PRC, the existing laws and regulations, departmental and party documents. The author makes a conclusion about a possible use of the Chinese government's experience in their combatting corruption, in particular restoring institutions of seizure of proerty and criminal liability of legal persons for corruption offenses in the criminal law of the Russian Federation. The unwillingness of Russian society to apply capital punishment for corruption (on the model of China), a serious increase of salary for public servants (on the model of Singapore). The downside of the Chinese experience is believed to be a comprehensive due process of official's activities regarding the costs undertaken by them, which leads to increased levels of bureaucracy in the system of public authorities. Much attention is paid to the study of the role of the ruling of the Communist Party in the liquidation of corruption in the Chinese society. The author states the need to examine the experience of China's law-making process in the field of anti-corruption in order to be applied by the Russian legislators, taking into account national peculiarities of national legal culture and enforcement practice.

This article analyzes the legislator's approach to the construction of sanctions of criminal law norms which exist in criminal legislation of the Russian Federation, governing sexual offences against sexual inviolability of minors.

The crimes committed by medical workers, belong to the category of crimes that are most difficult to disclose and investigate. The crimes of this category usually cause great public interest, which requires a high level of training of law enforcement officials. If a crime is discovered, the preliminary investigation authorities may face a high degree of confrontation on the part of related persons. Illegal admission of a person into a residential psychiatric facility is no exception. The importance of an effective investigation of this category of crimes is connected with the vulnerability of the human mind and the adherence to the citizens' constitutional rights. Because of the gaps in forensic activities on disclosure and investigation of crimes in question, problems arise both at the stage of criminal case initiation and at the initial stage of the investigation. It is algorithmization of authorized persons' activities in criminal proceedings which will make a preliminary investigation more effective, and thus will contribute to the implementation of the principles imposed on pre-trial investigation authorities through criminal procedure legislation. It will contribute inevitably to ensuring an adequate level of adherence to constitutional rights of those who defend people from illegal restriction of freedom, their right to health care, as well as the right of refusal to gain such.

The article discusses the essential features of the legal system of the Kyrgyz Republic during the transition period. The study of the essential features of the legal system is based on application of the methodology of general theory of systems, namely reductionism and integrativizm. The author analyzes such basic features of the legal system as integrity, hierarchy, objectivity and dynamism that reflect changes taking place in the Kyrgyz Republic during the transition period. As a result of the theoretical and legal analysis of regulatory legal acts which govern the law-making process in the Kyrgyz Republic, the author substantiates the proposition that such essential features of the legal system as the synergies, multiplicative and nonadditivity, which are important for the law-making process, are often not taken into account during the scientific examination of drafts of regulatory legal acts. In order to improve the legal system the author suggests including the principle of compulsory registration of the results of scientific expertise when deciding to adopt the drafts of legal acts into the legal acts governing the legislative activities in the Kyrgyz Republic.

The article examines a possibility of implementation of implied powers of the UN Security Council through the creation of international tribunals - the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, as well as the legitimacy of the creation of a tribunal in connection with the Malaysian airlines Boeing MN17 crash over the territory of Donbass.

The scale of globally significant events that took place after the Second World War and the victory over fascism, have radically changed the existing world order. These changes have affected not only the political map of the world, but also the general climate of the planet conditioned by the creation and subsequent development of a new universal platform for international cooperation of states - the United Nations, which is not only takes central place in the system of interstate organizations, but also plays an exceptional role in today's international political development. In light of recent events - the aggravation of existing and emerging international conflicts, the threat of international terrorism through "Al-Qaeda" and "Islamic State," the large-scale and flagrant violations of human rights as a result of the activities of the latter - the issue of improvement of the UN and its adapting to severe changes in the international political landscape has become urgent. Additional tasks appear in front of the Organization. Still, in order to be solved, these tasks require some improvements of operational mechanisms and even creation of new ones. The question of reforming the organization has arisen. There have been a discussion on the urgent need for changes within the Organization, but at the beginning of the new millennium, the issue has become particularly relevant. It is obvious that in the current, very complex international environment the main focus of attention in this process should be on reforming the UN Security Council as the principal organ responsible for the maintenance of international peace and security. The article discusses possible models for improving Organization's activities, namely, the expansion of its membership, the problems of working methods, including the use of the institute of veto power, as well as the analysis of the position of member states on the issue of UN Security Council reform. In conclusion, the author highlights the lack of alternative solutions to existing problems through multilateral diplomacy and the special role of the UN in this process as a unique international platform for cooperation of the international community of states.

The article gives overview of new academic and research book prepared by a group of young scientists. It is devoted to influence of Council of Europe law on the Russian legal system. It is stated that comprehensive review and certain theoretical understanding of provisions of Russian criminal, constitutional, municipal, administrative, civil law and process taken from COE law.