The article provides an analytical review of the International Scientific and Practical Conference "Morality and Law: Reality and Prospects for Interaction" held on 20-23 April, 2018, at the Kutafin Moscow State Law University (MSAL). The Conference was prepared and held under the auspices of the Department of Philosophical and Socio-Economic Disciplines of the Kutafin University (MSAL) by the Philosophical and Legal Club "The Moral Dimension of Law" guided by Doctor of Philosophy, Professor Vyacheslav M .Artemov. The given context and the purpose of such scientific and educational events demonstrate its specificity and role in understanding the problem of interaction between morality and law, implementation of the strategy of ethics of the latter.

The article deals with the specificity of formation of common moral concepts. It is noted that this process involves consciousness, sub-consciousness and intuition. At the same time, intuition brings moral ideas to such an extent of abstraction to which consciousness, due to the selfish interest represented in it, can not bring them. Sub consciousness provides for automatic behavior and, at the same time, completes our ideas to systemic integrity. Moral thinking, awareness of the relationship with others constitute an important aspect of the formation of human consciousness as a whole. The article also deals with the problem of freedom of will and moral responsibility. The author criticizes the views of analytical philosophers who believe that free will is an illusion. It is demonstrated that freedom of will is already included into the mental mechanisms associated with the orientation ability on the basis of ideal images. It arises because the brain works through all possible action situations in a hypothetical reality, the state of which refers to a certain moment in the future. It makes you put yourself in the place of another, and, thus, a primary moral attitude arises. To some extent, higher animals are also capable of this, but a human being can analyze the action situation more deeply, and refer his ideas to a distant future, because the language allows him to overcome immediate emotional reactions to the situation. In resolving the problem of free will, we accept the theory of emergent causation, i.e. the idea that some neural networks can control others, and this allows us to interpret the Ideal on the basis of the Material. The Ideal in this interpretation turns out to represent a sense generated by complex interactions of brain networks. At the same time, the senses generated by the work of the brain take into account the phenomenal experience of the participant, his past emotional reactions to various events of his individual life. This makes it possible to classify events, to separate the important from the unimportant when planning future actions.

The study is focused on the practice of resorting to a sense of shame in the process of imposing sanctions for offenses. The practice involves organization of special shaming procedures acting as an independent punishment or addition to the basic punishment. Among the countries with the legal culture of the modern Western type, this practice has become most widespread in the United States. The relevance of discussing shameful legal sanctions is associated with the shortcomings of the basic form of punishment applied in the legal systems of our time, i.e. deprivation of liberty. In the philosophy of law and social ethics, the status of shameful legal sanctions has given rise to a broad discussion. This article analyzes only one argument. The opponents of shameful legal sanctions rely on characteristics of shame as a moral emotion. Within the framework of criticism of this moral emotion based on the results of J. Tangney research, shame appears as a depressogenic experience blocking empathy and provoking agression. Thus, its use in the penitentiary system can result in negative consequences. However, many provisions of the psychological criticism of shame are not supported by more recent studies. At the moment, this emotion has to some extent been rehabilitated. This leads to an important conclusion regarding shameful legal sanctions. The socio-ethical validity of their use can not be based on contradictory data of the general psychology of shame. To determine rationality or irrationality of these sanctions, special sociological and psychological studies of the influence of shaming procedures on the further behavior of law-breakers and witnesses of shaming, as well as on the psychological climate in the community, are necessary.

The article analyzes the acts in compliance with which the state committees that carried out the concession activity were formed, and considers the issues of correlation of their powers with the powers of other state bodies, including trade missions of Russia in foreign countries. The author provides economics and law expert evaluation of state efforts given in literature (both during the period under review and during the modern period). The author comes to the conclusion that, by the end of the 1920s, two forms of concession had developed, namely: the so-called pure and mixed concessions. The former was completely based on foreign capital. In this case the concessionary enterprise was operated independently by a foreign concessionaire. The latter presupposed the existence of joint capital-foreign and Russian (state or cooperative). Pure concessions prevailed in Russian concession practice. Mixed concessions operated mainly in the sphere of commerce. Their formation was possible only if a special joint-stock company was organized in advance.

The article is devoted to an event that took place 185 years ago: In 1832, the Digest of Laws of the Russian Empire was published, and on January 19,1833, at the general meeting of the State Council it was approved as an official collection of the acting legislative acts, and it was declared to come int force on January 1,1835. The significance and role of the Digest in the development of the system of Russian legislation have been scrutinised many works. This article analyzes 130 years of experience in setting up commissions dealing with laws collection and reveals the reasons why work in this direction turned out to be unproductive. The accumulated array of laws was partially duplicated, contained errors and inaccuracies. Thus, the collection of laws failed to achieve the desired goal. It was necessary to harmonize and systematize the laws, and that could be done only on the basis of clear ideas concerning the essence of current law and the relations regulated by law. A new stage in the history of the development of domestic law was marked by the work done by Mikhail M. Speransky, under whose leadership the Digest of Laws of the Russian Empire that became a means of enforcing rule of law in the state was created.

The article deals with the interrelation between innovation and ideology of law. Particular attention is paid to the most important innovative objectives of ideology of law. The author makes a thorough analysis of the process of emergence of a new, innovative legal idea, since the transformation of a new idea into theory, legal principles and concepts is one of the key moments of the process of innovation in law. The author believes that the legal ideology is destined to support, develop and disseminate innovative ideas related to universal human values: rights and freedoms of an individual, democracy, rule of law, legitimacy, civil society, socially-oriented market economy. The paper notes that the essence of innovative legal ideology provides for the process of identifying theoretical consciousness, coordination and harmonization of various public interests by means of reaching a social compromise. Moreover, in the author's opinion, when innovative elements are introduced, the legal ideology should contain a great moral potential, which implies ensuring the rights of an individual, support, protection and development of the family. The most important task of an innovative legal ideology is to create legal ideas regulating the penetration of national culture into the legal system. In addition, the innovative legal ideology is aimed at developing ideas of economic relations regulation. Modern ideology can not just state the movement towards a self-regulating market economy. The innovative legal ideology makes it important to express a clear position concerning such processes as free trade, entrepreneurship, property issues.

The article scrutinizes topical issues of functioning of the strategic planning system in the Russian Federation insofar as it concerns the establishment of liability for violation of legislation in this field. The interrelationship between strategic planning and counteracting corruption in Russia is determined. The authors provide for the analysis of disciplinary offenses committed in the implementation of strategic planning carried out by state bodies and their officials, and give reasons to rank violations committed by state civil servants in order to impose a relevant penalty. The authors propose to develop and implement methodological recommendations concerning differentiation of wrongdoings in the sphere of strategic planning that take into account specificities of violations committed and their consequences for the public administration system and society as a whole. Moreover, taking into account the frequency of gross wrongdoings in the sphere of strategic planning and the practice of imposing penalties, the authors conclude that it is important to amend the Federal Law "On the Civil Service of the Russian Federation" with a view to emshrining responsibility for poor planning and unsatisfactory implementation of state programs that cause damage to the society and the state.

The article points out the absence of a normatively determined definition of the term "diamond." However, it is pointed out that it is referred to precious stones. Then, diamonds are related to financial instruments, which are considered in the paper in broad and narrow senses, and to monetary surrogates. In addition, the authors draw attention to the fact that in other branches of law, diamonds are regarded as a commodity. Based on the study of the financial nature of diamonds, the possible ways of organized trade are analyzed: trading in futures on the Stock Exchange, creation of diamond exchanges and foundation of a specialized center to trade in diamonds. Particular attention is paid to the study of the activities of a recently established Eurasian Diamond Center in Russia. Based on the study, the authors have drawn a conclusion that it forms a multifunctional center for organized diamond trade.

At present, the issue of financial and legal regulation of remittances of foreign citizens is not properly covered in the science of financial law. The authors of the study carry out an analysis of the legal regulation of remittance in Russia and foreign countries. The article provides for various classifications of money transfers of migrants, including transfers made by migrants in virtual and digital currencies (cryptocurrency). The work reveals a direct correlation between the GDP growth of the CIS countries and the remittances of foreign citizens from Russia to the countries in question. The authors propose a number of initiatives that will allow accumulating the funds in Russia.

Analyzing the current budgetary and civil legislation of the Russian Federation and relying on the provisions of the doctrine of budgetary law and the theory of the legal entity of public law, the author comes to the conclusion that, as a general rule, legal entities are not subjects of budgetary law, but in certain cases, in compliance with the RF Budget Code and other regulatory legal acts, they can be participants of the budgetary process and, accordingly, subjects of the budget law. The author justifies that at present the following legal entities are participating in the budgetary process and, accordingly, are constituting subjects of monetary law: 1) bodies of state power and local self-government endowed with the status of a legal entity; 2) government agencies; 3) the Bank of Russia: 4) most significant institutions of science, education, culture and health that are the main administrators of budgetary funds.

The article describes essential characteristics of a framework agreement. The author substantiates inadmissibility of considering the legal phenomenon in question as a quasi-agreement. The framework agreement is considered as an independent specific contractual construction. The author analyzes the balance between organizational and organized relations with respect to the subject matter of the framework agreement. Based on the results of the research, the author comes to the conclusion that the specific goal of framework agreements is to create a system of stable legal relations, general rules of the game, which subsequently govern mutual relations between the parties. In its turn, the subject matter of framework agreements includes actions of the parties aimed at determining the general conditions for the emergence, modification and execution of individual obligations in a certain field of activity. In addition, the article scrutinizes the structure of contractual relations in framework contracts, as well as the specific nature of the contracts being organized.

The article examines new provisions of the Civil Code of the Russian Federation that came into force on September 1, 2018, with respect of inheritance funds. It is stated that an inheritance fund is one of the tools that expand possibilities for inheritance protection and administration. The author focuses on its peculiarities under Civil Law and specificity of its operation as a legal entity that significantly distinguish it from common funds. This specificity is associated with the special purpose of establishing the fund, namely: the fund is established to administer the property of a certain individual, who is the sole founder of the fund, after his or her death. At the same time, unlike the usual goal of establishing a fund, this goal is not universally useful and social, but rather private, which distinguishes the hereditary fund among other categories of funds that are created, as a rule, for charitable and other socially useful purposes. The article also notes the difficulties in determining the procedure for establishing the fund, the procedure for the formation of its management bodies, as well as the further formation of its estate and activities.

The author examines main directions for the development of the doctrine of third parties in the sources of Russian Civil Law. The article determines mandatory and optional legal forms of the third party's participation in a contractual relationship. During the common law dominance, such a mandatory form of third party's participation emerged as verification of the will of the parties to the contract. By the XVII century, a procedure for public verification of transactions by third parties had been established. Optional participation of a third person in a contractual relationship was permitted under Prostrannaya redaktsiya Russkoy Pravdy [The Expanded Version of Russkaya Pravda] when testator's obligations were transferred to third-parties, i.e. his heirs. Pskovskaya sudnaya gramota [The Pskov Court Charter] mentions such a way of enforcing the fulfillment of obligations as a third person performing the contract as a guarantor (surety). Legislation of the 18th century provides for the participation of a third person as a voluntary representative. In business practice of the 19th century, it became possible to conclude contracts in favor of a third person, as well as to give to the third person the opportunity to act as a pledger who is not a debtor under the main obligation. The Civil Code of the Russian Federation of 1964 established the possibility of the third party's participation as a guarantor. Federal Law No. 100-FZ of 07 May 2013 enshrined the provision containing a general rule with respect of the consent of a third party to the transaction in the Civil Code of 1994.

The article provides for the thorough examination of separate theoretical and practical problems of appealing against determinations made by arbitrazh courts and courts of general jurisdiction in fist instance, as well as in cases dealt with in the course of administrative proceedings. The author examines the history of the issue applying criteria differentiating the court's decisions that cannot be appealed independently from the decision that is subject to appeal. Based on the analysis of legislative terminology, it is proposed to supplement Para. 2 of Part 1 of Art. 331 of the Code of Civil Procedure of the Russian Federation by means of providing for the right of appeal against the decisions of the court that not only exclude the possibility, but also against "determinations" that"impede" the further movement of the case. The article substantiates the necessity of vesting the right of appeal against the decision on refusal to bring to court a third person who has not brought any independent claims with the person "who filed the relevant motion" in the Arbitration Procedural Code of the Russian Federation and the Civil Procedure Code of the Russian Federation. The author proposes to consolidate in the Code of Civil Procedure of the RF and the Code of Administrative Procedure of the RF the rules similar to the rules set forth in the Code of Administrative Procedure of the RF: 1) the issue concerning restoration of the missed appeal lodging period should be considered by the appellate court (rather than by the court that passed the appealed decision); 2) the right to file a cassation appeal against a court decision (determination, ruling) when the appellate court refused to reinstate the missed deadline for filing an appeal.

The article concludes that te civil right that by virtue of law can be assigned to a legal entity of a certain organizational and legal form terminates when a legal entity changes its organizational and legal form. The author analyzes the conflict between Para. 5 of Art. 58 of the Civil Code of the Russian Federation, according to which the rights and obligations of the legal entity when it is reorganized do not change, and Para. 1 of Art. 296 of the RF Civil Code, according to which the right of operational management can belong only to an entity and state enterprise. It is proved that Para. 5 of Art. 58 of the Civil Code of the Russian Federation is subject to restrictive interpretation and applies exclusively to the obligations of the legal entity in question. Consequently, the conflict between Para. 5 of Art. 58 and Para. 1 of Art. 296 of the RF Civil Code is resolved in favor of the latter rule. Due to the principle of free exercise of rights, a legal entity bears all risks of adverse consequences caused by reorganization, including consequences associated with the termination of specific legal rights. Termination of the right of operational control when a legal entity is replaced by an organizational and legal form correlates with the general legal tendency aimed at reducing the number of cases of using the institute of operational management to govern economic transactions. The main arguments of supporters and opponents of this point of view are analyzed on the example of a specific dispute in case No. A60-18402/2015.

A fair punishment should be based on two criteria: the nature and degree of public danger of crime and the identity of the offender. In the context of the provisions of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment (restoring social justice, correcting the convict and preventing the commission of new crimes), the prevalence of one criterion over another is unacceptable in law enforcement. Domination of the assessment of the nature and degree of public danger of crime will mean retaliation through punishment. However, the committed crime characterizes the offender in a certain way. Achieving the goals of punishment is impossible if, when defining the punishment, one does not take into account the pre-criminal and post-criminal behavior of the person. Based on these arguments, the author concludes that the two criteria for the imposition of punishment are inextricably linked and in interaction with each other. With the increase in the risk of criminal behavior, the influence of the circumstances characterizing the positive pre-criminal and post-criminal behavior of the individual on the punishment is weakened. The less dangerous the criminal behavior is, the greater the circumstances positively characterizing the person influence the measure of punishment. The compliance with these patterns will make it possible to avoid mistakes in law enforcement.

The peculiarities of criminal case initiation are considered as an independent element of a private criminalistic methodology for investigating criminal violations of the inviolability of private life. The reasons for initiating criminal cases have been investigated in detail. An analysis of various approaches to the definition of the concept of "cause to initiate a criminal case" is conducted. The particular importance of the statement about the crime as an excuse for instituting criminal proceedings in cases of private-public accusation is underlined. The author proposes to distinguish reports on crimes discovered by employees of state authorities, public and other organizations and enterprises as a separate group of ways to express a free cause. It is noted that the establishment of reliability of the received information and its sufficiency in order to become the basis for initiating a criminal case is carried out as part of a preliminary audit. The main directions of such verification are the establishment of the object and the objective side of crimes, as well as the delineation of criminal acts and administrative offenses criminalized by criminal law.

Refusal of persons concluding a plea agreement from a full-fledged judicial investigation in exchange for a milder sentence requires enshrinement of increased guarantees of compliance with their rights and legitimate interests in the Criminal Procedural Code of the Russian Federation. Along with others, such a guarantee is the principle of inadmissibility of turning to the worse (non reformatio in peius), which manifests itself in the verification stages of the criminal procedure. The effect of this principle in the procedure under chapter 40.1 of the Criminal Procedural Code of the Russian Federation has peculiarities connected with the rules for the imposition of punishment, as well as restrictions on the grounds for appealing the sentence. The article carries out a complex exposition of rules and conditions, which, if observed, may result in a turn for the worse when reviewing sentences passed following the order of chapter 40.1 of the Criminal Procedural Code of the Russian Federation in the court of appeal, cassation, supervisory instance, with the resumption of proceedings in view of new or newly discovered circumstances. It is proposed to resolve the problem situations identified in court practice when there are two valid judgments that differently assess the same factual circumstances. These should be brought into conformity in connection with the prejudicial nature of the sentences passed in the general procedure for criminal trials. There is a system of arguments against criminal responsibility of persons who have given false information when concluding a plea agreement.

The article raises a problem of criminal investigations phasing and emphasizes the mobility of the boundaries of crime investigation stages due to their dynamism and intensity. The author justifies the boundaries of the initial stage of the investigation of crimes and argues its main function. The conditionality of the investigator's activities during the investigation of personal freedom violation by features of the establishment of evidence in the component elements of a crime and the specifics of the mechanism for their commission is indicated. The author carries out an analysis of judicial and investigative practice and identifies the lines of activity of the investigator at the initial stage of the investigation of encroachment on personal freedom. The article provides classification of the evidential matter that reflects the elements of the criminal activity and examines its evidentiary content. The work with natural and legal persons is investigated as one of the directions of the investigator's activity and its component parts are singled out. The classification of traces of criminal violation of the personal freedom is given and the work therewith is argued as the direction of the investigator's activities. The work with the victim is analyzed as the most significant direction of the initial stage of the investigation of encroachment on personal freedom, conclusions are drawn and the results of the study are summarized.

The article explores the problems of differentiation between cross-border and internal legal relations based on the criteria relating to the operation of mandatory norms in private international law. A detailed analysis of domestic and foreign legal acts and doctrines allows us to conclude that the criterion for considering legal relationship as internal is the connection of all the substantive circumstances to only one country. The study notes that the significance of this or that element of the legal relationship is not a particular territorial contact, but the presence of a significant public interest provided by law and closely related to territorial contact. In the absence of significant foreign public interests in the legal relationship, this relationship is internal (collision is false). Significant conflicting public interests of foreign law and order related to this or that territorial contact point to the fact that this legal relationship is transboundary (Romano-Germanic doctrine), the collision is true (American doctrine). In order to choose the applicable law in both the domestic and cross-border legal relationship, one should be guided by the principle of the closest relationship allowing for the court to apply the law of the country that is associated with the least damage to the public interests (values) affected by this relationship.

The article deals with the specifics of the content of the right to freedom of conscience and religion in accordance with the Constitution of the Russian Federation and the constitutions of a number of countries relating to CIS countries (the Republic of Belarus, the Republic of Kazakhstan, the Republic of Azerbaijan, Ukraine) and non-CIS countries (Germany, Switzerland, USA). The author singles out, analyses the features of this right, and draws attention to the fact that the right to freedom of conscience and religion is fixed in different constitutions of the countries in different ways, which is conditioned by the historical development of each state. Taking into account the analysis of the norms of international legal acts, the Constitution of the Russian Federation and the constitutions of foreign countries, the author concludes that Art. 28 of the Constitution of the Russian Federation does not contain any significant differences in the regulation of the analyzed law. In addition, the concepts of "freedom of conscience" and "freedom of religion" are determined; given these definitions, it is concluded that the concept of freedom of conscience is broader than the concept of freedom of religion.

The article is devoted to the study of issues arising from the correlation of the principles of legality and expediency in the organization of the activities of the prosecution authorities of the Russian Federation. Attention is drawn to the examples of the prevalence of the principle of expediency in the practice of organizing public prosecutorial activities as a result of departmental regulatory legal regulation. Based on the results of the research, the author concludes that in the organization and activities of the prosecution authorities the principle of expediency with respect to the principle of legality should be a derivative. Expediency is appropriate only in a situation when the law allows one to choose an alternative form of behavior. Criterion for choosing an expedient form of activity of the prosecutor's office in the absence of direct indication of the law should be a systemic interpretation of the legislative provisions determining the main purpose of the prosecutor's office in the system of state and legal institutions.

This review laconically highlights the III International Scientific Symposium "Business and Law. French and Spanish as business communication languages" held on April 6, 2018 at the Kutafin Moscow State Law University (MSAL). The most important reports presented at this event will be published in leading peer-reviewed scientific journals.

The article deals with the legal basis of the emerging legal regime of self-employment in Russia. The order of legalization by self-employed citizens of their status is shown. The emphasis is placed on changing the legislative definition of entrepreneurial activity. Attention is drawn to the "tax holidays" granted to the legalized self-employed. A statistical portrait of self-employment is given. It was stated that the list of activities authorized for self-employed citizens should be expanded. The view was expressed that the legalized self-employed persons should acquire the legal status of microenterprises.

The article considers the role and place of the discipline "Foreign Business Language" in the process of vocational training for law students. Knowledge of a foreign business language is necessary for communication in any professional field. A foreign business language is currently an essential component of the legal language teaching. The article explores different methods of teaching a foreign business language and ways to enhance its effectiveness.

The article deals the issue of gender equality and its reflection in the language. The author considers the emergence of feminine inflections in the traditionally masculine gender words as well as revises the masculine gender prevalence in noun-adjective coordination of various kinds. If these changes take root in the language, it will be necessary to account those in the process of business communication with the French partners.

Speaking about the spaces in which law is practiced, it is necessary to distinguish between geographical space, where they speak French, and legal (as well as economic), where the law is based on the French system. In this case, we are only talking about French law, regardless of the language in which it operates. To consider the geographical areas in which the law "thinks" in French, it is necessary to regard them as territories with their own language, to build a normative legal system that will go hand in hand with modern technologies of automated translation. Continuity between linguistic spaces and legal territories is not essential.

The article is about some types of labour organization in Medieval France, which gave birth to entrepreneurship. Craft corporations, consisting of a master, companion and apprentice, can be considered the predecessor of modern enterprises. Companionage that do not interrupt their existence and consist only of workers precede modern trade unions, but, unlike them, are aimed at preserving the working culture, spirit, traditions and transferring professional skills and knowledge and deserve more detailed familiarization with them.

The article examines the impact of the economy on the development of law in general, including modern private international law. Globalization, the development of economic principles in the EU countries, such as the free movement of persons, goods, works and services, as well as the need to attract investment in the economies of states, have led to the need to modernize the legal regulation of cross-border private-legal relationship.

This report examines the new EU General Data Protection Regulation (GDPR) that will go into effect in May 2018 and will be directly applicable in all Member States without the need for implementing national legislation. Despite containing some onerous obligations for organizations, it protects and empowers all EU citizens' data privacy. Adoption of the regulation is a huge step towards EU Digital Single Market and expanded territorial scope of the GDPR will ensure a more balanced interaction between data controllers within and outside the EU.

When the Regulation on the Prohibition of Geoblocking voted on February 27, 2018 comes into force next December, consumers will be able to shop online freely within the European Union. This means that e-traders will have to serve foreign consumers «like the locals».