The article examines the peculiarities of institutionalization of judicial institutions at the governorate level established by Catherine the Great in the course of administrative and judicial reform and on the basis of governing institutions administering governorates of the All-Russian Empire. The author provides his understanding of the problem of determining the stages of administrative and judicial reforms, establishes a system of judicial authorities at the governorate level, presents classification complying with a field of activity, a social status and the sphere of territorial jurisdiction of cases. It is noted that, at the level of the governorate, only one chamber of a civil and criminal court, one governorate magistrate and as many verkhnyaya rasprava (court of second instance dealing with the cases of peasants and smallholders) and supreme zemstvo courts as were necessary due to the governorate could be established. Determining the peculiarities of the structure and operation of judicial institutions, the author comes to the conclusion that their staff did not always correspond to the legislative requirements applied to a class rank.

The article provides for a general understanding of approaches applied in the common law system regarding legal principles aimed at ensuring stability and uniformity of the legal regulation. The paper consistently considers consolidation of principles of law in the case-law system of common law countries. According to the results of the study, the author comes to the conclusion that the further use of principles of law in the Russian judicial system should follow two directions: (1) balanced and judicious development by courts of new algorithms of application of the most important general principles of civil legislation to specific civil disputes; and (2) generalization of the best practices of search for such algorithms in the form of directives of the Supreme Court giving such directives significant weight and prescribing their universal application for lower courts.

The article is devoted to the issues of comparative legal analysis and correlation of theoretical and legal concepts of personal privacy prevailing in foreign legal literature, and is aimed at determining the legal nature, essence and social value of privacy for the individual, society and the State in the conditions of formation and development of social relations in the age of information technology. For the first time in the domestic legal literature, the article attempts to define the author’s theoretical and legal model (concept) of understanding privacy of an individual as a complex system of interrelated elements, i.e. rights and freedoms of the individual, reveals the essence and legal nature of relevant elements, provides for the author’s definitions of elements in question, and draws conclusions concerning importance of this approach for both domestic legal science and court practice.

The aim of the article is to analyze philosophical issues of the development of modern integration law. The subject matter of the article covers philosophical characteristics and features of integration law and its basic model — European Union Law. Methodologically, the author applies general scientific, philosophical and special legal methods of cognition, and in the study he relies on a new philosophic concept – the philosophy of integration law. Following the results of the study, the article describes the main features, peculiarities and development of the philosophy of integration and European law. For the first time in the Russian legal science the philosophy of integration law is subjected to a thorough examination. The article provides for practical proposals that are recommended for the development of this branch of law in the Russian Federation.

The Eichmann Trial was conceived as the embodiment of the unity of morality and law and revealed a complex intertwining and conflict of legal and moral concerns, actualized the idea of the non-ordination of morality and law, focused on the confrontation of morality and sociality, and put philosophers and lawyers before the need to rethink the fundamental concepts and foundations of philosophy of morality and law. The ethical view over the Trial in question is possible only as the view over its moral subject, that is, the one who is responsible for Auschwitz as the act he personally committed: for him, the central question is how not to commit radical evil, not to participate in it. The answer involves rethinking the idea of morality, contrasting it to sociality, including elimination of any legal meanings. Reference to the materials of the Eichmann Trial allows us to describe a number of points that require understanding: differences between Eichmann and witnesses lies in the moral coloration of the language, in their ability to fit in the logic of the trial, in their attitude to their own fault, in their understanding of the truth, in their attitude to the fact. Also, it lies in the possibility of legal and moral attitude to the radical evil that has distroyed law and morality as the foundations of its evaluation, judicial routinization of the evil and instrumentalization of morality that provided for passing a conviction, the difference in understanding the act in light of ethics and law, etc. A consistent ethical response relates to the assumption of an absolute prohibition of murder, which is not based on morality or law, but is the basis of it.

Contemporary problems of the science development combine very acute issues — human freedom as a moral value and the need to create common principles of understanding and interaction, a certain standardization that allows disseminating of knowledge and conducting joint research. Standardization of diverse information flows, especially in modern conditions of global communications, is focused on the development of unambiguous and, therefore, quite rigid systems of description of research activities. However, when individual and collective formats of interaction come into contact, there is a risk of losing important for human life and philosophy of life qualitative characteristics of knowledge, which is especially important for the effectiveness of scientific research. This problem is quite evident in the humanities, in particular in the field of ethics and law.

The article deals with two current situations when the Russian Bank (hereinafter — the Bank) is: 1) a provider; 2) a recipient of credit protection under an OTC derivative transaction “credit default swap” (hereinafter — CDS) that has the nature of security and is subject to both Russian or English law. It is emphasized that in these situations, Russian courts and tax authorities may carry out undesirable for the Bank reclassification of CDS transaction into the contract of guarantee. The paper provides for the description of consequences that may occur if the Bank implements that risk: 1) the Bank may be held responsible for illegal reduction of the tax base on income tax in the amount of credit protection paid by it on CDS; 2) a Russian court may refuse to satisfy the Bank’s claim to recover from the controlling person the amount of the debt on the principal obligation to the Bank in the amount of credit protection already received by the Bank provided that the Bank has received the amount of credit protection on CDS. It is concluded that in order to execute transactions that ensure proper fulfillment of the obligations of the controlling person to the recipient of credit protection, it is necessary to use a surety agreement or standard CDS terms and conditions, including a clause that such transactions are not derivative financial instruments.

The article substantiates the conclusion that recognition of the right is a universal way of protection of civil rights. This method of protection can be applied to liability rights. The article reveals the practical application of recognition of right as a way of protecting liability rights. The author states that the requirement to recognize the contract as concluded is a claim to recognize the obligations legal relationship. The structures similar to the recognition of liability rights are analyzed and the conclusion that such requirements are not claims for recognition, but are claims for award is reasoned. Claims for recognition of obligations are recommended to be divided into positive and negative. Particular attention is given to the legal design of the claim on recognition of obligations rights. In particular, the issues of the subject of the claim, its subjects, the conditions of presentation and satisfaction of the claim were considered. The claim for recognition of the right of obligation in its subject matter should be qualified as a requirement for confirmation of legal relationship.

The majority of contemporary studies devoted to the freedom of contract is devoted to the peculiarities of implementation of this principle in commercial relations. The article analyzes the other side of the freedom of contract — its application in state and municipal procurement. The author analyzes conclusions drawn in Resolution of the Plenum of the Supreme Court of the Russian Federation of March 14, 2014 No. 16 “On freedom of contract and its limits” on the basis of court disputes between public procurement authorities and suppliers within the framework of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the procurement of goods, works and services for state and municipal needs.” The paper determines the key features of the principle of freedom of contract at the stage of determining the supplier and at the stage of performance of obligations under procurement contracts. Special attention is paid to the assessment of negotiation opportunities, public procurement authorities and participants of procurement, the problem of abuse of the right by a stronger party depending on the starting conditions of the purchase and the ways of its implementation by the public procurement authority. The analysis of arguments of courts concerning interpretation of terms of procurement contracts from the point of view of freedom of contract and its limits is presented. To sum up, the author provides for practical recommendations and conclusions.

The article analyzes proposals to reform the institution of judicial representation in terms of legislative consolidation of mandatory provision requiring a representative to have a law degree in the draft federal laws elaborated by the Supreme Court of the Russian Federation (Resolution of the Plenum of the Supreme court of the Russian Federation of October 3, 2017 No. 30) and by Pavel V. Krasheninnikov (draft federal law No. 273154-7 “On implementation of representation of the parties in the courts and on amendments to certain legislative acts”). Also, the paper examines the concept of regulation of the market of professional legal assistance developed by the Ministry of Justice of the Russian Federation. The proposed amendments are evaluated for their necessity and relevance to the constitutional principles. The author substantiates and proves inefficiency of the approach based on giving the possibility to represent the interests in court at the professional level only by persons who have a law degree. Even long-term work experience in legal profession does not always guarantee the possibility of providing qualified legal assistance to represent the interests of individuals and organizations in court.

The article scrutinizes the current legislation aimed at combating corruption. Special attention is paid to crimes the number of which among corruption-related crimes is overwhelming. These include, in particular, Art. 290 “Bribe-taking”, 291 “Bribe-giving”, 204 “Commercial bribery” of the Criminal code of the Russian Federation. Also, attention is paid to relatively new offences providing for liability for crimes of corruption, namely: Article 291.1 “Bribery facilitation,” 291.2 “Petty bribery,” 204.1”Commercial bribery facilitation” and 204.2” Petty commercial bribery “ of the Criminal Code. The paper analyzes international instruments governing the fight against corruption, especially the United Nations Convention Against Corruption. Based on the analysis of the above norms, the authors argue the need to amend the current legislation, inter alia, in order to bring it in line with international instruments.

Currently, due to the rapid development of information technology, there is an urgent need to protect public relations of property from crimes committed in the intellectual rights area. The absence of conceptual apparatus consolidated in laws or supported by the scientific community complicates determination of interrelations between the concepts of “property”, “ownership”, “intellectual property” and “right of ownership,” which subsequently determines the classification of acts as different objects of protection under criminal law. The article examines the complex of topical issues related to the protection against crimes in the field of intellectual property in Russia, the analysis of the ratio of crimes against property and crimes affecting intellectual property, the study of the features of the objects protected under criminal law.

The paper is devoted to the issues of validity of differentiation of criminal liability for bribery depending on the legality or illegality of the civil servant’s conduct preconditioned by a bribe. Special attention is paid to the study of the legal nature of bribe-extortion, i.e. bribery for illegal actions (omissions to act). It is concluded that bribery for illegal actions (omissions to act) in office is not only a qualified element of the crime, but rather an independent main element of the crime entailing more severe criminal punishment due to the increased degree of public danger of this form of bribery. On this basis, it is recommended that the rules for the legislative formulation of qualified elements of crimes should not apply to such a form of bribery as bribe-taking. The opinion of some foreign legislators expressed in the theory of criminal law that the elements of bribery for illegal actions (omissions to act) should be excluded from the criminal law is refuted. 

The rules on categorization of crimes are substantive and legal by their nature. Nevertheless, they have a great influence on the state and development of criminal procedural matter. It is proposed to divide the provisions of the Criminal Procedural Code of the Russian Federation, which reflect the provisions of Art. 15 of the Criminal Code of the Russian Federation, into two groups. The first group includes the norms of criminal proceedings that are a kind of logical continuation of criminal law regulations related to exemption from criminal liability and punishment. The second group consists of strictly procedural rules that are not directly dependent on the substantive law: the composition of the bench, jurisdiction and competence of criminal cases, bail hearing, negotiations control and recording, the return of a criminal case to the prosecutor. Particular attention is given to the possibility for the court to change the classification of crimes. Based on the studied theoretical sources and court practice, the authors make suggestions aimed at improving the existing criminal procedure legislation and optimizing its application in the framework of the issues raised.

The paper discusses the problems of intensification of corruption control and suggests ways to improve this activity. Proposals are made to eliminate violations of the systemic principle in defining the concept of corruption and its structure, building a system of measures and subjects of anti-corruption activities, increasing the interest of citizens in cooperation with law enforcement agencies. The positive foreign and domestic experience is analyzed. Additions to the Federal Law No. 273-FZ dated December 25, 2008 “On Combating Corruption” are proposed. The author justifies the need to consider the impact on corruption of organized crime and related criminogenic background phenomena, primarily prostitution, raises the issue of the need to stimulate citizens’ activity in combating corruption through a system of material and moral incentives, suggests criminal liability in this area by analogy with the construction of art. 205.6 of the Criminal Code of the Russian Federation. The author justifies the need to control the income and expenditure of all subjects of corruption relations that receive illegal income resulting from transactions.

The paper applies an integrated approach to the study of the system of conflict of laws and legal regulation of industrial property objects. The author emphasizes the absence of unified conflict of laws rules that would regulate the procedure for determining the law applicable to industrial property and the scope of such law. There is a tendency to form a systematic approach to the conflict of laws and regulation of industrial property. The system of conflict of laws regulation of industrial property is based on the remaining territorial principle of protection of industrial property objects, which has a significant impact on the development of conflict of laws regulation of industrial property. The paper summarizes various aspects of the conflict of laws regulation of industrial property based on legislation of different states, as well as the harmonizing principles of the conflict of laws regulation of intellectual property, and the use of the conflict principles. The use of the following conflict of laws principles is noted: “the law of the country where protection is claimed”, “the law of the country for which protection is claimed”, “the law of the country of registration”, “the law of the country of granting protection”, “the law of the country of creation”, “the law of the country of origin”, “the law of the country of offense”. The author concludes that the specifics of relations developing in the field of the protection of industrial property predetermines the development of a system of conflict-law regulation of industrial property. The complication of such relations by a foreign element in a wide variety of variations indicates the specificity of industrial property objects and the need to develop separate conflict of laws approaches to the definition of law applicable to various aspects of industrial property rights.

The paper provides a historical, substantive and functional analysis of the legal regulation of deposit insurance systems (hereinafter referred to as DIS) in the European Union based on Directive 2014/49 / EC of the European Parliament and of the Council of April 16, 2014. “On Deposit Insurance Systems” (revised). The author considers the contribution of DIS to improving the financial stability of the EU banking sector. The paper shows a conducted assessment of the measures implemented and planned for implementation initiated by the European Commission and the European Central Bank for the implementation of a single European DIS as the third pillar of the Banking Union. The author concludes that the third Directive “On DIS” allows for a qualitative step forward towards the creation of the third pillar of the Banking Union. Despite some unresolved and controversial issues, it creates uniform rules of the game for national DIS in a deposit insurance policy. Further development and movement towards European DIS will make it possible to increase the effectiveness of the EU deposit insurance policy by reducing costs, overcoming administrative barriers in national DISs, increase the level of protection of depositors’ rights, and strengthen confidence in the banking sector and its stability.

The purpose of the paper is to analyze the role of mutual recognition in the implementation of the individual rights and freedoms on the example of the right to labor mobility and mutual recognition of professional qualifications in the European Union. The author draws a parallel with philosophical concepts that often highlight the issue of human rights in conjunction with freedom. Many philosophers have written that the freedom of one ends where the freedom of another one begins. J. G. Fichte noted that mutual recognition between free rational beings is a prerequisite for the possibility of their self-awareness. The European Union considers mutual recognition as the basis for the freedom of movement of persons and institutions — the freedoms of the European Union internal market. Without mutual recognition, it is impossible to realize the right to the free movement. The free movement of persons and free provision of services are fundamental freedoms of the internal market. These freedoms provide the individuals and legal entities right to organize and conduct business anywhere in the European Union. The mutual recognition of professional qualifications is a key mechanism facilitating the freedoms’ realization; it allows qualified specialists to cross borders and carry out their work in another Member State. The mutual recognition of professional qualifications eliminates the need for retraining in another Member State. The mutual recognition of professional qualifications system, gradually developed in the European Union, is an important element of the internal market freedoms effective functioning. The European Union mechanism of mutual recognition of professional qualifications confirms the idea that recognition by rules is a guarantee of mutual freedom. The right to recognition is determined by recognition.

The paper provides an analysis of regulatory legal acts enshrining the powers of the institutions and bodies of the European Union, their interaction, as well as prospects for the further development of the mechanism for regulating the antitrust policy of the Union. According to the results of the study, the author concludes that the mechanism for regulating antimonopoly policy, established within the European Union, is adequately effective mainly due to the system of checks and balances, when no Union institution has exclusive power to make decisions. Despite this, the mechanism is developing, and it is developing along the path of decentralization. It appears that this should lead to the fact that compliance with Union antitrust laws will only increase.

The paper is devoted to some basic aspects of the legal regulation of investment funds in the European Union, including the issue of understanding the legal nature of an investment fund as a type of collective investment schemes, in comparison with the law of the Russian Federation. Based on the analysis of the Russian regulatory legal acts, the author concludes that the legal system of the Russian Federation, despite some shortcomings, successfully copes with the regulation of investment funds. In addition, an important factor in the development of legal regulation in this area is the growing role of the Eurasian Economic Union (EAEU), in particular, the initiative to create a common financial services market, under which a number of basic agreements have already been adopted. The author believes that, within the framework of the EAEU, additional stricter requirements for investment funds similar to those provided for in EU law should not be introduced as this can lead to a negative result associated with the loss of investor interest in the use of such schemes.

The paper considers the issues and legal aspects of building relationships between the European Union and the UK. The current difficult situation between the European Union and Britain cannot be under the radar. On June 19, 2018, Brussels saw the start of negotiations on the secession of the UK from the European Union. This process is called Brexit. Before the EU reformed the Lisbon Treaty, the possibility of withdrawing from the organization was not specified. However, there are several cases when the territories left the EU (which changed their political and administrative status within the country of the organization). For example, Greenland, which in 1979 became an autonomous constituent country of the Kingdom of Denmark, left the EEC (European Economic Community, predecessor of the EU) in 1985. In 2007, an island in the Caribbean, Saint-Barthelemy, left the Union. At first, it was part of the French overseas department of Guadeloupe, but then separated from it and received the status of an overseas community (a special territorial unit of France). Each time the exit process was discussed individually. At present, Greenland and Saint-Barthelemy are on the list of Special Territories of the Member States of the European Union (more than 20 territories in total).

The paper analyzes the features of legal drafting in Islamic law. Based on the study, the author concludes that Muslim law appears to be in many ways religious and legal comments. This is set by its religious sources that contain specific legal provisions. These sources lack structuring and systematic character, which is a source of rather a high degree of casuistry of Islamic law. The paper proves that Islamic law has shown a confusion of religious principles with legal norms since the moment of its appearance. The comments of legal scholars were actively used to justify illegal — from the point of view of European lawyers — behavior. With the help of legal drafting in Islamic law, legal postulates and opinions were legalized, which to this day largely determine the legal culture of the overwhelming majority of the population. This means that the problem of the relationship between secular and confessional law in countries where Islam is the state religion appeared in the Middle Ages and remains the main one to this day.

The paper provides the author’s approach to understanding the issues of adversarial system and truth, evidence and proof in criminal proceedings, the main approaches to the issue of truth in the criminal procedure legislation of the Azerbaijan Republic and the Russian Federation. Adversarial nature of judicial proceedings is assessed as an effective mechanism for ensuring equal participation of the parties in establishment of evidence, as manifestation of the essence of the modern criminal procedure. The author analyzes the problems of the relationship of objective truth and the adversarial nature of the criminal procedure, correlation between adversarial system, equality of the parties and the establishment of objective truth in a criminal case. The paper justifies the conclusion that if at the time of the initial verdict, the parties and the court did everything that was possible under those conditions, then by the time the sentence was pronounced, it was actual and was perceived by everyone as a statement “beyond reasonable doubt”. This approach is more consistent with the nature of procedural knowledge and makes it possible to organically combine, rather than oppose, the pursuit of truth and adversarial nature in modern criminal proceedings.