The Paper focuses on the results of the XIV International Scientific and Practical Conference "Modern Problems of Commercial Law of Russia" held on October 27, 2017 at the Kutafin Moscow State Law University (MSAL). It develops the theses presented by the Conference speakers. The authors reveal the main problems that the science, legislation and jurisprudence are facing now. Attention is drawn to the concept of teaching commercial (trade) law in leading law universities in Russia.

During reforming the legislation regulating business and commercial relations, the rules regulating several new specific contract constructions have been developed. The author draws a comparison, evaluates the jurisprudence concerning the application of such contracts, formulates conclusions regarding the effective normative-legal regulation. The paper highlights the theory and practice of application of special contractual constructions: Framework, option and subscription agreements. The jurisprudence obviously reflects some results of the reforms aimed at the application of specific agreements. These contractual constructions allow to define the standard conditions included in the agreements and to determine common rules of contractual cooperation between the parties in the future. Differences arise when a number of property and organizational agreements are qualified and their legal nature is determined. An agreement on granting an option to conclude a contract is of great interest for the theory and practice of entrepreneurial interaction, which is explained by the deferred effect of the agreement that depends only on the will of one of the parties. It is substantiated that introduction of the institute of an option agreement, framework and subscription agreements in intreprenerial activity should have positive effect for both the development of contractual business relations and the participants and shareholders of business entities.

The paper scrutinizes the legal nature of the agreement on the retail market trading place lease. Neither the doctrine nor law enforcement jurisprudence provide for the common understanding concerning this issue. The author determines three approaches to qualifying this agreement as a contract of services, as a non-defined contract and as a lease agreement. The main difficulty in this contract qualification is that the law-maker does not define the legal nature of the trade place as the object of law. When examining this question, the author primarily relies on the economic nature of this agreement and its objective that means providing a trade place for temporary use, with the trade place being treated as a part of a building (or a land plot) depending on the type of the market. Thus, the author, on the basis of the study where he examines different scientific approaches to the criteria of the contract system formation in Russian law and jurisprudence, concludes that the agreement on retail market trade place lease amounts to a lease agreement as both agreements are aimed at granting the right to use property.

The paper provides a brief description of the subject of regulation under Federal Law of December 28, 2009 № 381 "On the Foundations of the State Regulation of Trade Activity," elucidates the competence of federal bodies of State power and bodies of the State power of constituent entities of the Russian Federation concerning trade regulation. The paper highlights the problems of trade activity definition and drawing the line between the wholesale trade and retail trade, and, to this end, the author examines the importance of standardization of documents constituting its highest level - national standards. They specify the basic concepts in the sphere of trade (wholesale trade, retail trade, trade object, type of a trading enterprise, forms of trade, etc.), encourage systematization of trade relations and uniform understanding of trade terms. The paper examines the legal nature of national standards, their significance as means of trade relations regulation and the order of their application. A significant feature of standardization in the field of trade is the adoption of the RF national standard GOST R 56876.1-2016 (Part 1) and GOST R 56876.2-2016 (Part 2) entitled "The Guide to Good Practices of Relationships between Trade Networks and Suppliers of Consumer Goods" that provides explanations of terms and criteria of fair conduct of trade participants contained in the Code of Good Practices of Relations between Trade Networks and Consumer Goods Suppliers - a voluntary agreement concluded by representatives of suppliers and traders.

The retail markets commerce has always been of importance to the economy. Based on the Russian and foreign laws analysis, the author draws the conclusion concerning the existence of various approaches to the regulation of this sphere of public relations. The paper highlights decentralization of its legal regulation and the existence of a unified approach to regulating trade in the markets and fairs in the countries of Western Europe, along with the dominance of uniform law rules enshrined in the Federal Law and refusal to form a uniform normative legal framework for the market and fair trade in Russia. The author suggests that new provisions allowing to clearly define the limits of rule-making powers of not only bodies of State authority of constituent entities of the Russian Federation, but also of the bodies of local self-government, be introduced into the Law on Retail Markets The paper draws attention to the necessity of a more precise determination of interrelation between the Law on Retail Markets and the Law on Foundations of the State Regulation of Trade Activity.

At the present stage, it is difficult to overestimate the importance of tenders for the system of economic relations. The tender forms the most effective form of economic activity for the participation of public entities in economical relations by means of ensuring equal access for all participants to the objects of public property and public finance. At the same time, in order to ensure the proper degree of certainty and stability of relations where the tender is used, fundamental issues need to be resolved, namely: the concept "tender" needs to be defined; its main characteristics should be determined; approaches to its classification should be unified. On the basis of the study carried out by the author, it is concluded that the proper degree of certainty in the enforcement of the provisions of the Russian tender laws can be achieved by providing a legal definition of the tender as a sum of elements that should include an adversarial nature of tender participants intending to make a contract (acquisition of civil rights, the right to carry out activities in a particular field) and an obligation to make a contract with the tender winner (granting of civil rights, granting the right to carry out activities in a certain sphere to the tender winner).

The State Duma of the Federal Assembly of the Russian Federation adopted in the first reading a draft law, the key novel of which is supposed to settle the legal status of a new subject of commercial law - an aggregator of goods and services. Similar subjects (combining offers of shops, hotels, taxi companies) are widely represented on the market. In the context of Commercial Law, their qualification as the organizer of trade turnover allows, by analogy with the legal status of other subjects of the same nature, to assume a number of issues that also need to be settled, otherwise they will cause problems in the future: aggregators' ability to determine the terms of contracts between contractors and consumers and qualification of aggregators actions in the context of competition legislation. In addition, it should be borne in mind that for many aggregators the meaning of the business model is that they provide information about goods and services offered by persons who do not have the status of entrepreneurs.

The paper examines the concept of Kommersant as the main subject of Trade (Commercial) Law in Germany that, along with Civil Law, regulates private relations with participation of business entities. The Kommersant status is vested with the business person on various legal grounds: By virtue of commercial activity, by virtue of registration in the commercial registry, or by virtue of creation of business organization of a certain legal form. The author has subjected to analysis the legal definition of the concept "Kommersant" given in § 1 of the Trade Code (HGB) of Germany that defines the subject in question as an entity that is engaged in commercial activity and determines the elements of commercial activity applied in the German doctrine and jurisprudence. As a constitutive element of the Kommersant status the author names voluntary registration of the firm forming a business entity in the Trade Registry in accordance with § 5 of the HGB that is applied to handicraftsmen, peasants, farmers. The Kommersant status can be acquired by economic entities in accordance with § 6 of the HGB regardless of the nature of business by choosing a certain organizational and legal form of a trading company. The article outlines commercial companies as a combination of capitals (joint stock company, company limited by shares, European Joint stock company, limited liability company) and association of persons (trading company, limited partnership). The author delineates the concepts of an "entrepreneur" and "Kommersant."

In the paper the author scrutinizes the process of historical formation of the concept of loan. The author compares the legal regulation of the loan agreement under the Code of Laws (Svod Zakonov) of the Russian Empire, the draft Civil Code (Grazhdanskoye ulozheniye) of the Russian Empire, the RSFSR Civil Code of 1922 with the laws currently in force. Turning to the history of law is not accidental, since the Concept of the Civil Legislation Development 2009 draws attention to the need to take into account the historical development of Russian Law. In support of the conclusions made by the author, the paper provides the examples the legislative and judicial authorities appealing to the history of Russian Law, namely, the rules of law and the doctrine of prerevolutionary and Soviet periods. Based on the analysis of the relevant norms, it is concluded that the current legal regulation of the loan agreement is based on the norms of the Russian pre-revolutionary legislation and pre-revolutionary doctrine, as well as on the norms of the post-revolutionary period, which allows to apply the legal structures developed during the specified periods in the science and jurisprudence. Thus, the author suggests that the possibility of concluding and determining the consequences of refusal from the preliminary contract concerning conclusion of the loan agreement in the future be enshrined in the Civil Code of the Russian Federation. In addition, the author, based on the analysis of the doctrine of the XIX-XXI centuries, substantiates the possibility of concluding the loan agreement in accordance with the consensual model.

The paper is devoted to the classification of legal presumptions by various grounds. In particular, the author scrutinizes classifications with regard to the way the norms are enshrined in the law, the possibility of refuting, the scope of legal regulation, the main function in the protection of interests and rights of legal relations participants and by the criterion of bindingness for the court; the paper reveals the features and and functions of different types of presumptions. Implicit presumptions are deferred trough the interpretation of the law and constitute a reserve for the court. Irrefutable presumptions are only de jure irrefutable to ensure the stability of the rule of law. Substantive presumptions make it possible to resolve the case on the merits and carry out general procedural functions, while procedural presumptions exercise individual procedural functions, which facilitates the normal administration of justice. Besides common and cross-sectoral presumptions, special (sectoral) presumptions are allocated to promote legal regulation in accordance with the subject and objectives of a particular branch of law. The classification of presumptions by the main function they have in the protection of interests and rights of participants of legal relations allows to choose the most efficient model of regulation of relevant relations, and the classification by the criterion of bindingness for the court is important for the presumptions proper application. Each classification plays a very important role in improving the effectiveness of legal regulation.

The article argues that the constitutional (statutory) courts of the constituent entities of the Russian Federation are of a dual nature. The basic laws of the constituent entities of the Russian Federation refer constitutional (statutory) courts to State authorities and to the judicial authorities of the constituent entities of the Russian Federation. In addition, their independent and autonomous nature in relation to the other branches of State power. Constitutional control, as a kind of public activity has its purposes (detection, elimination of contradictions), is carried out by special agents (bodies of the constitutional control), has the scope of application (laws, other regulatory legal acts, practice), and possesses the necessary means (methods and ways) for its implementation. The purpose of the constitutional control is not only provision of the rule of law in the State, but also the appropriateness of legislative act from a position of ensuring human and civil rights and freedoms. On the basis of a decision of a body of the constitutional control, an unconstitutional act loses its legal force in whole or in part and is eliminated from the system of legislation. The nature of the decisions of the constitutional and statutory courts testifies to the presence of law adjusting function with these bodies. However, it is necessary to take account of the authorities of the constituent entities of the Russian Federation do not create new constitutional norms in their decisions but only adjust those that already exist in the legislation of the Russian Federation. Therefore, through constitutional jurisdiction the authorities settle disputes relevant to the strengthening of constitutional legitimacy and the rule of law in the territory of the Russian Federation.

This article presents the results of the analysis of legislation and practice on the duration and other measures when detaining a foreign citizen or stateless person for administrative violation in an institution for the purpose of compulsory administrative deportation. In conclusion, the authors formulate specific proposals on improvement of administrative offences legislation.

The article analyzes controversial issues of applying such a method of protection of civil rights as recognition of law. The specificity of the requirement to recognize the right is that a person makes such a claim when his subjective right has not actually been violated; this requirement is directed, first of all, at the establishment of the existence of a legal relationship (the existence of a right) on the basis of a court decision. In this regard, it seems inexpedient to extend to the requirements for recognizing the right of the provision of the statute of limitations. The recognition of law is characterized by the fact that the court establishes the existence of legal relations between the participants, recognizes that the plaintiff has the right, and thus protects him. The recognition of law does not require the imposition of any restorative measures on the defendant, since non-recognition of law is not accompanied by its violation and, therefore, as a rule, does not require restoration.

This article is devoted to the study of the concept and essence of civil capacity. According to the results of the study, the author comes to the conclusion that civil capacity is clothed in the legal form of strong-willed people and their teams, i.e. recognized by the rule of law ability of legally significant manifestations of will in the area governed by the civilistic branch of property relations. The recognition of legal personality by the State means giving legal qualities to the volition of persons formed by his inalienable natural and social characteristics. Legal personality consists of volitional ability in the form of personal intangible benefits and legal forms of its expression, represented by the legal capability or legal capacity of a certain amount. This intangible benefits (personal rights and freedoms) are responsible for the physical part, and legal capacity and capability for the legal existence of an individual. The equality of legal personality forms the goal to be achieved by legal means only in the specific legal relation. In particular, the carriers of civil capacity should be legally equal as subjects of horizontal linkages in relation to each other or as subordinate actors of similar vertical linkages.

The guarantee of judicial protection of the rights and freedoms of a man and citizen is a fundamental basis of any rule of law. With the development of public relations, rapid development of the economy in a State, the growth of civil turnover became inevitable and, consequently, so did the occurrence of situations in which the rights and legitimate interests of individuals and legal persons engaged in household economic relationship are violated. The implementation of norms of substantive law and protection of rights and interests of entrepreneurial and other economic activities takes place through the arbitration process. In the light of the ongoing transformations in the judicial system of the Russian Federation, the issues of economic justice and the role of the Public Prosecutor's Office do not lose relevance. Constant improvement of the procedural legislation is an important mechanism that ensures efficient handling of economic disputes by arbitration courts. Participation of the Prosecutor in the arbitration process is an important direction of the judicial activity. The degree of the improvement of the judicial system, changes in the structure, role and status of the court, improvement of legislation on the participation of the Prosecutor in the arbitration process, its conformity with the particular realities of society and the State largely determines the efficiency and essence of justice¹⁹. The article reveals the concept and content of the legal regulation of the participation of the Prosecutor in the arbitration process. The author focuses on the depth of research of the problem in the period from 2002 up to now, pointing to the norms of procedural law and the orders of the Prosecutor General of the Russian Federation on this issue. A special attention is given to the powers of the Prosecutor in the arbitration process. The analysis of the practice of the participation of the Prosecutor in the arbitration process allows the author to make conclusions on specific ways to improve the existing legislation.

This article analyzes the level of drug addiction in the Sverdlovsk region, the degree of narcotization of various age groups, identifies the causes of the spread of drug addiction and drug abuse among various motivations groups. The authors identify the basic mechanisms of initiation to drugs and most common drugs, most popular destinations and distribution methods of drugs. The socio-cultural factors that contribute to the emergence and development of drug dependency are analyzed. The authors explore contemporary issues of prevention of non-medical consumption of narcotic drugs and psychotropic substances throughout the region, examine some of the main causes of and conditions affecting the effectiveness of combating illicit trafficking in narcotic drugs and psychotropic substances, including the territory of Sverdlovsk region, the problem of drug control in the Russian Federation. The authors offer the most effective measures to combat illicit trafficking in narcotic drugs and psychotropic substances throughout the region.

The article, taking into account the relevance of the legal regulation of issues of formation of the Register and exclusions from the Register of the substances the author provides recommendations for further development of this work, considering the real situation. The author believes that the Ministry of the Interior of Russia needs to adopt a normative legal act approving the procedure for the formation and maintenance of the Register, as well as the inclusion of the Ministry of the Interior of Russia in the Register in accordance with the established Procedure for New Potentially Dangerous Psychoactive Substances. The author concludes that the results of the medical examination are not sufficient for the inclusion of new potentially harmful psychoactive substances into the Register. Special studies to identify risks for the life and health caused by the use of such substances are required, in particular implementation of forensic examinations, in which psychoactive substances containing, for example, natural and synthetic cannabinoids are subject to identification and determination of their risks to life and health.

The author compares the opportunities given to the fractions and groups of parties by Regulations of the State Duma of the Russian Federation and the National Assembly of France for guaranteeing the opposition to the majority and limitations set for this purpose. It is noted that in addition to achieving this goal, the authors of the regulations seek to achieve the fullest expression of all existing positions, and these objectives may require different measures. A certain similarity of regulations shows that both States belong to a multi-party system. At the same time, the comparative analysis of the texts of the regulations and practical data on their implementation make it possible to conclude that French regulations provide more guarantees to the opposition in the regulation of the activities of Parliament than the Russian one. When regulating the formation of parliamentary groups, on the contrary, the emphasis is placed on ensuring the expression of all available positions. This difference is due primarily to the historical features of parliamentarism in the countries under consideration, as well as the chosen approach to legal regulation. In addition, it is logical to assume that without setting a requirement, the author of the rules simply assumes that the desired position is reached without it.

The article is devoted to the 20th anniversary of the adoption of the Criminal Code of the People's Republic of China. It outlines the history of the development of the Chinese criminal legislation, with particular attention given to the so-called dynastic codes, gives an overview of General and Special Parts of the Criminal Code, and shows the trends in the development of criminal legislation, its changes, which are due primarily to social needs of China. For the past relatively short period the country has become the leader in the global, European and regional production market, trade, agriculture, investment attractiveness. In this regard, in the annex to the article the authors provide an extract from the Criminal Code of China from which it is possible to see the nature and characteristics of criminal law ensuring the normal functioning of the Chinese socialist market, penalization of respective acts.