The Article is devoted to the analysis of the RSFSR Constitution of 1918 applied as an act of the supreme legal force of the nascent Soviet State during the wartime period. The paper examines the reasons for the accelerated adoption of the RSFSR Constitution of 1918, among which the author names the emergence of anti-Bolshevik regimes on the territory of Russia. The work emphasizes that the Constitution of 1918 played a significant role in the organization of the Red Army and the formation of its image. The author provides for an independent evaluation of adverse opinions concerning the significance of the Basic Law of 1918 given by the Russian constitutionalists O.I. Chistyakov, S.A. Avakyan, M.V. Baglay. The author focuses special attention on the content of the concepts democratizm and class nature in the RSFSR Constitution of 1918 and correlates them with the period of the Civil War. The author substantiates the idea of ideological significance of the RSFSR Constitution of 1918, and analyzes its influence on the process of Soviet constitutionalism development.

The article is devoted to the issues of interrelations between and development of fundamental and branch legal knowledge. It is noted that in Russia, since the end of the last century, the general theory of law, branch and applied legal sciences have demonstrated a tendency towards mutual isolation and autonomous existence, which leads to the formalization of legal knowledge. The latter acquires a trivial and compilative nature. The author analyzes the process of changing the role of the fundamental legal doctrine in Russia due to the social reorganization in the beginning of the 21st century that resulted in the loss of mechanisms of an ideological legal order. It is concluded that the fundamental part of the legal science envolves an essential politicized element. Nevertheless, considerable autonomy and internal integrity of scientific jurisprudence is discribed as a form of social consciousness. The author represents the key directions of reproduction of fundamental legal knowledge, including vectors of research studies. It is concluded that the growing uncertainty of the Russian legal doctrine can be overcome in the general theory of law by means of development of a new legal subject matter. The paper provides for the thorough analysis of the subject matter of the legal science in its research capacity, including the most significant collisions with respect to the subject matters and relations examined within the scope of the branch legal research. It is concluded that the development of fundamental ideas concerning law can have a positive impact on the structure of social relations.

The main problem of enhancing the mechanism for ensuring national security is seen in maintaining legal and institutional mechanisms that are kept by the resources of the state and society at the proper level (corresponding to modern challenges and threats in this field). The author highlights the main directions of enhancing the mechanism for ensuring national security in the Russian Federation that include the improvement of legislation (elimination of collisions, deficiencies, gaps, etc.), adoption of new laws, and improvement of the effectiveness of the participants of this mechanism by means of coordination and interaction of bodies and entities of a relevant administrative level. The author makes a proposal for legislative consolidation of the functions and powers of the Security Council of the Russian Federation as the sole and main coordinating center for ensuring national security.

In the Russian society of the 21st century, there are a number of dysfunctional aspects of the socio-legal system that influence the society negatively in the short, medium and long term. Dysfunctions are clearly observed against a background of large-scale transformations that have taken place in all main fields and subsystems of the Russian society. The author believes that, under the current conditions, the importance of institutional tools that contribute to the strengthening of the stance of law in the Russian society and facilitate the influence of the socio-legal system on people's conscience and behavior increases significantly. Legal socialisation represents one of such effective tools of influencing the younger generation. With a stable system of legal socialization, the State achieves effective counteraction to a wide range of social deviations. On the contrary, when legal socialization is characterized by the presence of the signs of disorganization, the state is forced to make maximum use of law enforcement agencies to compel citizens to comply with the rules of law without deep, sociocultural awareness of the expediency of lawful behavior (both in the context of individual and social approaches).

The authors of the article draw attention to the long-standing approaches to the understanding of legal responsibility. For the legal responsibility to raise, grounds that can be objective and subjective, legal and factual are necessary. Deterministically minded scholars tend to transfer responsibility from an individual to his or her environment. However, a person, as a rational and moral actor, must be in charge of his actions, and not just obey circumstances. Internally, a human person is always independent, since freedom is an inalienable inner quality of a person regardless of external conditions of his existence. The participant cannot and should not be responsible for the only possible action in a particular situation, since a person could not act differently, he had no other choice. And he cannot be punished for this. Thus, the participant of legal relations is not responsible for external circumstances beyond his control.

The study examines the importance of patriotism in the development of legal culture. Attention is given to such categories as "value" and"patriotism." The author's concept of patriotism is formulated. The author substantiates inalienability of the influence of the ideas of patriotism on the legal culture due to its positive impact on the law, legal consciousness and legal behavior in the process of law enforcement, implementation of rights and law-making.

The article is devoted to the analysis of the category of offense in the context of legal positivism on the example of the works written by an outstanding Russian lawyer of the early 20th century Gabriel F. Shershenevich. The paper is devoted to the analysis of his views concerning law. Gabriel Shershenevich's understanding of law was not limited to the order of the state power, because the need for observance of laws is laid in the person subconsciously. In the researcher's opinion, non-observance of the rule of law is inherent in itself. The paper analyzes such signs of an offense as an act that can be expressed in forms of commissions and assumptions, its strong-willed character, wrongfulness, guilt, harm and punishability. Also, the author highlights the circumstances that exclude criminality of the act, namely, necessary defense and extreme necessity, as well as explains their differences.

The interest of legal science in the category of "interaction" is preconditioned by the desire to study legal phenomena in its dynamic aspect. On the one hand, this allows us to disclose new aspects of the legal phenomena that have already been studied, and, on the other hand, to solve practical problems. The constitutional-legal category of interaction presupposes harmonization of legal knowledge concerning its properties and basic links, it is distinguished for its independence and a fundamental character. The article deals with the interaction of political parties and the State. The author gives a definition of the constitutional-legal category in question and provides for a brief analysis of its constituent elements. The author comes to the conclusion that the category of interaction allows us to formulate a theoretical model of ideal relations between political parties and the State under which the formation and development of a multiparty system and political pluralism will be possible. The interaction of political parties and the State will only be effective when joint actions will be governed by the proper goal-setting. To exclude the risk of substitution, a goal important for the State shall be enshrined in the Basic Law. In accordance with the Constitution of the Russian Federation, such a goal requires to ensure the power of the people by forming public authorities on the basis of democratic and just elections.

The article defines the distortion of the will of the voter and the distortion of the will of the people. The article provides for the grounds for classification of various kinds of distortions of the will of the people: depending on the order of the voting provided for by law (distortions made in the ordinary course of the voting or in special voting procedures); depending on the form of demonstrating the political choice of the voter in the elections (they can be on paper or electronic); depending on the use of different types of election documents and the degree of their involvement in the distortion (use of main, supplementary or ancillary election documents); depending on the culpability of acts (omissions to act) of actors involved in distortion of the will of the people in the elections (divided into guilty and innocent, including the assumption of error); depending on the method of violation of the principle of equality in elections (distortions in which 1) the votes are not counted; 2) the votes are not properly counted; 3) the votes are counted more than once; 4) votes of non-existent voters are counted); depending on the impact of the distortion commited during elections on the will of the people (direct and indirect distortions).

The research rational is preconditioned by the need to improve organizational and legal foundations of the civil service system in the Russian Federation. On the basis of general scientific and private law methods, the author performs an in-depth analysis of organization and legal regulation of this system. The paper shows the evolution of the regulatory framework that has been formed since the adoption of the Federal Law "On the Civil Service System of the Russian Federation" in conjunction with federal laws and other regulatory legal acts that determine distinctive features of various types of public service, including those related to law enforcement. The author highlights that the so-called other types of public service designated by the acting law form a kind of federal public service connected with the implementation of law enforcement activity representing an independent form in the system of civil service of the Russian Federation.

The article examines the peculiarities of administrative and disciplinary proceedings in the administrative process. Attention is drawn to a number of current trends that influence the development of administrative and disciplinary proceedings, and new types of branches that form the part of the system of administrative and disciplinary proceedings. An attempt was made to distinguish two adjacent legal institutions: administrative and disciplinary proceedings in the administrative process and disciplinary proceedings in the labor law, as well as to analyze the features of procedural legal relations arising in the administrative and disciplinary proceedings in cases involving administrative and disciplinary misconduct of lawyers, notaries, members of self-regulatory organizations. It is noted that, depending on the type of a administrative and disciplinary offense, the law-maker establishes different procedural reasoning for bringing to disciplinary responsibility. At the same time, a number of functions implemented by self-regulating organizations are of a public nature, this also applies to disciplinary proceedings. It is concluded that administrative and disciplinary proceedings are carried out not only by state authorities, but also by civil society institutions in the form of the activities of non-profit organizations exercising public-law functions.

The article analyzes the provisions concerning ownership, property rights and their protection in the Draft Federal Law on Property Rights. It is concluded that the draft law does not provide for significant differences between the concepts of "possession" and "ownership" although ownership is regarded as an actual state. Analyzing the norms of the German Civil Code (GGU) on Possession, the author comes to the conclusion that a possession-fact under the property contract becomes a possession-right, therefore, it is the legal fact with which the German law-maker associates the occurrence of certain legal consequences. This means that protection of possession provided by the German Civil Code (GGU) is based on parity in its nature and that in Germany there is no possessory protection in its classical form as it was applied during the early periods of statehood development. The conclusion is made that the mechanism of protection of possession in the draft law is not settled. The author substantiates the conclusion that the concept of a property contract is not envisaged either by the Civil Code of the Russian Federation or by a draft law. Any limited property right created by the property contract as the means of contractual obligation contradicts the meaning of the concept of separation of property rights and rights under obligations, in practice, may create the problem of the choice of causes of action typical for the Anglo-American, rather than the continental European legal order. Our civil legislation does not provide for an opportunity to choose cause of action and, thus, does not admit choosing the cause of action. This approach enshrined in the Civil Code of the Russian Federation deals with the differences in the grounds and conditions for the application of proprietary remedies and remedies based on obligation and applied to protect subjective civil rights. Therefore, establishment by law of both limited proprietary rights and rights based on obligations will practically mean a departure from this rule, and will create problems related to the choice of the cause of action.

At present, in connection with the reform of civil law on legal entities, general provisions on corporate organizations have been highlighted, while differences in the methods of protecting the rights of participants in commercial and non-profit corporations are enshrined in law. Thus, for participants of commercial corporations there are special ways to protect their rights, both in the general provisions of the Civil Code of the Russian Federation and in particular laws. However, to protect the corporate rights of members of non-profit organizations, the construction of special protection methods is poorly developed. This is due both to objective differences in the legal status of commercial and non-profit corporations, and to the greater development of the provisions of the law on commercial corporations, in particular, about business companies, and established judicial practice regarding the protection of the rights of participants in commercial organizations. At present, it is relevant to further improve the provisions on non-profit corporations, including the identification of adequate ways to protect the rights of their members (members) and the resolution of corporate disputes.

The article examines the issue of applying presumptions in the framework of the implementation of measures to protect the violated civil rights. Based on the author's understanding of the presumptions and their significance in the formation of legal certainty, a solution to the problem of the legal identification of presumptions in the mechanism of legal regulation is proposed. The approaches known in legal science to understanding presumptions as legal norms and analogues of legal facts are critically evaluated. It is proposed to consider presumptions as metamodels of legal norms that exist along with legal regulations - the main models of legal norms. Particular attention is given to the issue of systemic application of substantive and procedural presumptions in the dynamics of the mechanism of protection of violated civil rights. To this end, aspects of the determination of offenses and the factor of the initiative to protect civil rights are analyzed. The question of choosing a method of protection and its subsequent implementation in the framework of judicial and administrative forms of protection, as well as in the process of self-defense of civil rights, is investigated. The influence of the principles of the protection of civil rights on the application of presumptions in the mechanism of protection of civil rights is revealed.

Based on the analysis of current civil legislation and law enforcement practice on the protection of civil rights, the article reveals the problems of applying such measures as prohibition of succession, compensation for damages, and a set of pre-contractual liability measures in the context of protecting the rights of parties to organizational relations, suggested their own approaches to solving them. The legal nature of pre-contractual liability is investigated. The author's approach to the definition of its legal nature is presented. The problems of applying a set of pre-contractual liability measures in the light of the reform of civil legislation are being investigated. The problems of indemnification in the framework of pre-contractual and organizational responsibility are considered. Special attention is given to the practical difficulties of proving the size of actual damages and lost profits for the failure to perform an organizing contract and breach of organizational obligation. The above problems are studied taking into account the main current trends in the development of doctrine and law enforcement practice. The author considers legal positions of the Supreme Court of the Russian Federation with regard to succession and civil liability, presented in the decision of the Plenum of the Supreme Court of the Russian Federation of March 24, 2016 No. 7 "On application of some provisions of the Civil Code of the Russian Federation on liability for breach of obligations" and the decision of the Plenum of the Supreme Court of the Russian Federation of December 21, 2017 No. 54 "Some issues of application of the provisions of Chapter 24 of the Civil Code of the Russian Federation on the change of persons in the obligation on the basis of the transaction".

The article deals with topical issues of regulation of contract negotiations for an advertising campaign. The question of providing information to the parties to the negotiations, the need negotiations agreements is studied. Practical recommendations are proposed for determining the scope of information about the activities of the advertiser and the advertising agency requested by potential counterparties when negotiating. The article discusses the main provisions of the confidentiality agreement, justifies the need to include conditions on the penalty in the confidentiality agreement. It is recommended to enter into full-fledged agreements on negotiations, in which the counterparty's obligations for the preparation of contractual documentation, the formation of conditions for a future contract, and the procedure for the distribution of expenses should be distributed. The problem of adherence to the principle of good faith in refusing further negotiations is investigated. The issues of a tender for an advertising campaign are considered. It is shown that changes to the Civil Code significantly increase the level of protection of the rights and interests of the parties to the negotiations.

It is shown that the essence of the judicial interpretation of the concept of a person who first committed a crime comes down to recognizing the person as having committed the crime for the first time, if the person had not committed the crime before, or even though it did, but is not tried at the time of such recognition. It is emphasized that in solving the problem of legal interpretation of this concept the question of its scope or thematic focus remains. The Plenum of the Supreme Court of the Russian Federation, giving an interpretation of the concept of a first-time offender, does not create uniformity in the understanding. The disadvantages of the judicial interpretation of the concept under consideration are the attempt to pinpoint it to certain types of exemption from criminal liability and to limit its clarifications to the effect of individual criminal law institutions. Both require the legalization of the definition of the concept under consideration.

The article highlights the problem of criminal law assessment of the actions of individuals who use their official position in the commission of illegal logging of forest plantations, carried out by means of an innocent agent. There is no unified position on the issue of an innocent agent in crimes with a special subject in the criminal law. Some scientists admit the possibility of classifying wrongful acts with a special subject, performed by using non-objects, within the limits of an innocent agent; others exclude such a possibility. The author holds the first point of view. An analysis of criminal cases involving crimes, including illegal logging of forest plantations committed by an innocent agent, showed that the courts do not always take into account the way the crime was carried out - "the use for criminal purposes of persons not subject to criminal liability due to age, insanity and other conditions "- as an aggravating circumstance. It is proposed to supplement the decision of the Plenum of the Supreme Court of the Russian Federation of October 18, 2012 No. 21 "On the application by courts of legislation on liability for violations in the field of environmental protection and environmental management" with a provision on the classification of illegal logging of forest plantations, committed by an innocent agent using his official position .

The article considers modern scientific views on the development of forensic crime investigation techniques. The directions are given for using the category "criminalistic structure of crimes" proposed by V. F. Ermolovich with regard to the classification of crime mechanisms developed by A. M. Kustov. The following multi-level classification of forensic structures of interrelated crimes is proposed, using the principle of combining the classification grounds, according to the nature of the given interrelations between crimes (or their methods of committing) and their subjects, taking into account criminal intent and the dynamics of criminal activity: 1) by intent to commit a major crime: preparatory, attendant, cumulative; 2) by intent to commit several crimes: complex, two-level; varied; the following: on concealment of a crime or realization, as well as legalization (laundering) of property obtained by criminal means; on the use of a criminal result; on the acquisition and sale of stolen property or its legalization (laundering) by a new person; to achieve a criminal result due to "chain reaction"; 3) by the method of committing a crime or the dynamics of its development: monotypic, heterogeneous, careless. The necessity of using the proposed classification of criminalistic structures of interrelated crimes as an element or a link to create typical mechanisms of interrelated types of crimes and, accordingly, of new complex forensic crime investigation methods is grounded.

For a long time, Specialized Agencies of the United Nations have been existing as subjects of international law. Despite this, scholars still have not decided whether International Organizations acquire international legal personality. The problem is that the Constituent Acts of the Specialized Agencies do not contain provisions on the international legal personality, although in practice these Organizations have a complex of rights and duties. The main aim of this research is to make scientific and theoretical analysis of the legal nature of the Specialized Agencies of the United Nations. The article pursues the following objectives: to make an analysis of organization types of the Specialized Agencies in terms of their international legal personality, to define main rights and duties of the Specialized Agencies according to their Constituent Acts.

The article considers the dispute concerning the Russian-Ukrainian debt constituting the sole precedent that involves the Russian Federation. This debate reveals a lot of problems of modern legal regulation of debtor-creditor relations between States, in particular the application of State immunity in light of the debtor-creditor relations; restructuring of "debt" transactions by issuing bonds; legal consequences of failure to pay the debt; the problem of enforcement of court decisions in debt disputes. The author makes a thorough analysis of legal causes and aspects of Ukrainian debt settlement. The article presents a review of concepts of "odious debt," "doctrine of impracticability" and "doctrine of interference," and raises the question of admissibility of using the terms mentioned above in international debt and economic law science.

International standards act in various fields of international relations: trade, finance, ecology, human rights, etc. The analysis of the few existing works on the issue proves that international standards are associated with either international law or its principles, or it is treated as a special concept in the international legal system. The work contains the review of doctrinal provisions with regard to general theoretical questions: "What is the principle of international law?" and "What is the rule of international law?" The paper provides for a differentiated approach to the formulation of the concept "international standard" in the doctrine of international law. To this end, the author gives theoretical basis for a further study of the diversity of international standards' manifestations in various branches of international law.

The article considers various aspects of reference to minority as grounds for procedural objections in the administration of the international judicial bodies of juvenile justice on charges of international crimes. It is noted that, despite the lack of a unified approach to the issue of the admissibility of the prosecution of juveniles for such crimes the international criminal tribunals (existing permanent and ad hoc) and hybrid judicial bodies, seems to be indisputable the validity of the qualification of minority of the accused as mitigating circumstances. Moreover, it is necessary to set the minimum age of criminal responsibility for international crimes through the adoption of a treaty.

The relevance of the article is determined by a variety of international disputes in the field of fisheries, which is the main way of extracting food products from the oceans. The article contains the definition of international fishing disputes as a form of international Maritime disputes arising in the extraction of living marine resources and in the management of living resources of the oceans. Special attention is paid to the categories of international fishing disputes that are allocated basing on the analysis of court practice of the International Tribunal for the Law of the Sea and the Permanent Court of Arbitration in fishing disputes. The classification of international fishing disputes allows international judicial bodies to systematize the knowledge concerning the data categories of disputes in question and to apply the knowledge in their jurisprudence.

Based on the analysis of the European and Russian legislation, the practice of its application and scientific literature, the terms "private life", "personal privacy" and "privacy" are defined. The content of an individual's right to privacy during the transition from industrial society to a post-industrial information society, including the right to information privacy and the right to informational self-determination, is revealed. The limits of permissible intervention in the sphere of a person's private life are indicated, which can be physical, behavioral, alternative, etc. In particular, the right to privacy must be considered in two interconnected levels: as a value and as a legal norm. Based on the broad understanding of the content of the right to privacy category, the author makes a conclusion about the emergence of a new generation of individual rights that can be established as technogenic informational human rights.

The speech of the prosecutor - the public prosecutor in pleadings when the court considers a criminal case - requires high professional training and considerable practical experience in performing this activity. The public prosecutor is obliged not only to be perfectly aware about the materials of the criminal case, but also to confidently master the techniques of rhetoric, logical analysis of the evidence with which he operates in pleadigs, defending his position. This gives some grounds for concluding that it is necessary to pay more attention to this component of the professional training of prosecutors.

The article reveals the concept and content of legal regulation of prosecutor's supervision over the implementation of laws on the prevention of neglect and juvenile delinquency. The author focuses on the specifics of the application by the Prosecutor's Office of the Russian Federation and the subjects of the system for the prevention of neglect and juvenile delinquency of regulatory legal acts, regional legislation of the constituent entities of the Russian Federation, and law enforcement practice. The article reveals the peculiarities of streamlining public relations in this area, gives special attention to the analysis of measures taken by the state to improve, the need to eliminate legislative gaps. Specific ways of improving legal regulation are proposed by adopting a federal law on Committees for minors and their rights protection, amending the federal law regulating crime prevention by excluding prosecutors from the list of subjects of prevention. The author also proposes approval of the organizational and legal act of the Prosecutor General of the Russian Federation on the organization of the prosecutor's office supervision over the implementation of laws on the prevention of child neglect and juvenile delinquency.

The article analyzes the current environmental legislation of the Russian Federation, as well as changes introduced since January 1, 2015. Federal Law of July 21, 2014 No. 219-FZ "On Amendments to the Federal Law 'On Environmental Protection' and certain legislative acts of the Russian Federation". Legal relations being developed in the environmental field are distinguished by complexity and diversity. The author notes that modern legislation in the field of environmental protection is characterized by a significant number of imperfections (gaps, conflicts), declarative, reference, duplicate norms, incomplete legal definitions and insufficient regulation of the mechanisms for implementing legal regulations. By virtue of Art. 3 of the Federal Law "On Environmental Protection" one of the most important principles of environmental activities is the principle of respecting the right of everyone to receive reliable information about the state of the environment, as well as the participation of citizens in making decisions regarding their rights to a favorable environment. However, the Federal Law "On Environmental Protection" itself lacks specific legal mechanisms for the implementation of this principle, as well as the definition of the concept of "environmental information". According to the author, securing the definition of "environmental information" and revealing its content in the Federal Law "On Environmental Protection", the legislator will not only fill a significant gap in the legal regulation of this sphere of public relations, but also make a significant step in the implementation of citizens' constitutional rights to environmental awareness.

The results of the round table "Measures of criminal procedure compulsion", organized on September 22, 2017 by the Department of Criminal Procedure and Criminalistics of the Law Institute of the Siberian Federal University, are summarized. The main problems raised by the participants are outlined: 1) the direction of the criminal policy on the application of measures of criminal procedural compulsion in the Russian criminal process; 2) the essence of the auxiliary evidentiary process for establishing the grounds for making a decision on the choice of a preventive measure; 3) the role of the severity of the crime and the possibility of imposing punishment for a long period during the initial election of a preventive measure in the form of detention; 5) the interaction of the prosecution authorities and the investigation in the election of detention; 6) an effective strategy of advocacy in the election of detention; 7) the concept of suspicion and its various degrees under German law; 8) the ratio of the concept of "suspicion" and "detention"; 9) the principle of proportionality as a condition of detention in the German criminal process. A discussion has arisen.