V. E. CHIRKIN
chief research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor, honored scientist of the Russian Federation, honored lawyer of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
In the Russian and foreign constitutions (except some monarchical States) stated that laws are passed by the Parliament (Russia-one of the Chambers — the State Duma). The objective of the study is to check those out, seemingly indisputable, approval when comparing them with the other provisions of the constitutions and practices suggest (if scan install inconsistencies) certain refinements to existing constitutional language.
The article uses the techniques of content analysis, induction, comparative law, historical. Compares the different articles of the Russian and foreign constitutions concerning the enactment of laws, the history of the emergence of such provisions in constitutions, practical use of Veto.
Abstracts: laws are not enacted by the monarch, but by the Parliament. The Parliament is the only legislative body established in the constitutional law of the countries in the world after the revolutionary liquidation of absolute monarchies in democratic countries. These provisions are justified in scientific research, presented in textbooks. In our view neither the general provision on Parliament nor the rule of the Russian Constitution on the State Duma did not reflect the complexity of the process of the adoption of the law in the state in the changed conditions of our time. The text adopted by Parliament as the Act, though, in fact, may not become them if it does not sign, the head of state, and the text adopted one chamber could threaten another and veto another Chamber that can not be overcome. These facts occurred in many foreign countries. In Russia Council of Federation too rejected texts adopted by the State Duma, and they are taken only after conciliation commission. It is therefore not always Parliament itself (much less one Chamber, the State Duma in Russia) solves finally, if the text is the law.
As a result the author comes to the conclusion that the position of part 1 art. 105 is inaccurately. It is also appropriate to clarify the relevant constitutional language in the constitutions of other countries of the world, they too are not accurate. A new concept of modern structures of Parliament enacting laws it is suggested.
Keywords: Russian and foreign constitutions concerning the adoption of the law, the State Duma, the Council of Federation, President of the Russian Federation, the new concept of a modern Parliament.
V. A. CHEREPANOV
professor аt the Stavropol State Agrarian University, doctor of legal sciences, professor, honored lawyer of the Russian Federation
12, Zootekhnichesky lane, Stavropol, Russia, 355017
A direct application of the Russian Constitution and judgements of the Constitutional Court of the Russian Federation as interconnected foundations of the practice of an enforcement of law under immediate and careful consideration proved to be connected with some problems emerging by collision between constitutional norms and judgements of the Constitutional Court, on the one hand, and positions of other normative acts, on the other hand, because in author’s point of view there is a legal uncertainty about what of these are liable to be used by a subject of law.
The aim of the research consists in revealing such problems and considering probable ways of their solution. This aim is implementing by means of realization of following tasks: to study concrete legal cases, within the limits of which necessity of a direct application has been emerged; to analyse the actual practice of the Constitutional Court; to formulate some proposals to eliminate the legal uncertainty connected with such collisions.
The methodological basis of this scientific work was dialectical, systemic, comparative-legal, normative and other methods of cognition.
The author arrives to the conclusion that any subject of law in case of collision between constitutional dispositions and rules of any normative act must apply the Constitution but not rules of this normative act even if this fact has not yet determined by the Constitutional Court.
In an effort to solve problems arising during the direct action of the Constitution and judgements of the Constitutional Court active application of messages of the Constitutional Court is proposed which is created in the Constitution but does not apply in the constitutional practice and is needed in detail legal regulation. To consider differently means to think that constitutional norms are declarative, not to have a direct application in the Russian Federation and not to addressed to Russian citizens, but only to judicial bodies. A similar conclusion is drown about judgements of the Constitutional Court which should be used when they do not execute by legislators. In an effort to solve mentioned problems cardinally active application of messages of the Constitutional Court is proposed which is created in the Constitution but does not apply in the constitutional practice and is needed in detail legal regulation.
Keywords: direct application of the Constitution and judgements of the Constitutional Court, nullification of federal legislation, legal positions of the Constitutional Court, differentiated restriction of passive electoral rights, message of the Constitutional Court.
S. R. CHEDGEMOV
professor at the North Ossetian State University, doctor of pedagogical sciences
46, Vatutin st., Vladikavkaz, Russia, 362040
This article analyzes the most important phenomenon of law - adherence to law, as a result of legal acculturation in southern Russia up to 1917 year revolutionary events (on materials of the Ossetian people). The re-establishment of genuine history of the development of State-legal relations is an indispensable element in building and consolidating of the rule of law and civil society on the basis of successful sustainable development of Russia as a great power, given its historical and legal heritage. This problem has great educational value for the new generation of Russian citizens must preserve traditions and spiritual values of their ancestors, that is unthinkable without comprehension of history.
The aim of the work is the process of interaction between the institutes of State and law of the Ossetian people, in collaboration with employers. Identification and analysis of social and criminological especially Outlook and understanding of laws allow not only complement the history of fatherland's analysis of the facts of the region.
Adherence to law is considered on the basis of analytical and synthesis methods of research of normative and legal documents. This allows the author to claim that this term is more capacious than legality, because unlike the latter implies a conscious desire to individuals-individuals (private) individuals not only enforce laws under the threat of sanctions for non-compliance, but also informed pursuant to regulations of the State.
The author identifies peculiarities of interaction of State and national institutions of the State and law, the “intersectionality” of public-legal policy and fundamental elements of the legal culture and criticized the notion that Russia before revolution 1917 was “prison of the peoples”. He finds that adherence to law is provided by the State of legal education of the people, i.e. it’s the right education and training. This contributes to the modernization of the Russian State and law and strengthening civil society's ideas.
Keywords: law, acculturation, South Russia, Ossetia, customary law, legal culture, history of State and law.
A. I. ABRAMOVA
leading research fellow of the Department of theory of legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
The comprehension of the phenomena of social being and the development of the legal instruments that correspond to them are today one of the most urgent tasks of the legal science. The article is devoted to the problem of legal concepts, increasing their role as a legal tool aimed at maintaining the unity of consistency and systemic legislation.
The goals and objectives of the study are to identify and analyze current trends in the formation of legal concepts used in Russian legislation and their functioning in the overall mechanism of legal regulation.
The article deals with theoretical and practical aspects of understanding of the legal concept, an attempt is made to identify the most significant characteristics of this legal category. The problems of the formation and improvement of the conceptual apparatus are investigated both from the point of view of continuity and the renewal of the conceptual apparatus by introducing legal concepts that have no analogues earlier to legal circulation, designed to reflect the changing phenomena of objective reality, the general laws of their development in the conditions of modern Russian society. The problem of doctrinal and legal concepts is analyzed, their interrelation and interdependence are shown. Particular attention is paid to the analysis of the problems of the system organization of the conceptual apparatus in the aspect of the processes of differentiation and integration of legal regulation.
As a result of the research, the author comes to the conclusion that the process of introducing into legal circulation legal concepts must be accompanied by the mandatory requirement that these concepts, by expressing the doctrinal idea of the phenomenon, be adapted to the current system of norms and used in a uniform for all legislation and practice of its application sense.
The methodological basis of the work was made by general scientific and special methods of cognition, including: system-structural, logical, method of ascent from concrete to abstract and from abstract to concrete, formal legal method, method of legal modeling.
Keywords: conceptual apparatus, legal concept, terminology, definition, legal regulation, definition of concept.
A. I. KOVLER
head of the Center of legal issues of integration and international cooperation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, honored lawyer of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
The article analyses the systemic problem existing in the Russian Federation as a non- enforcement of judicial decisions concerning pecuniary and non-pecuniary (“natural”) obligations of the State towards its citizens. The existence of such problem was recognized by the Supreme Court of the Russian Federation and by the European Court of human rights who received a great number of complaints of Russian citizens on the non-enforcement of judgments and on the violation of their property rights.
In 2009 the European Court delivered a pilot judgment on this issue “Burdov v. Russia (2)” in which besides a recognition of a violations of the right to a fair trial and to the protection of the property, the Court recommended to the respondent State to adopt necessary legislative mesures stimulating the enforcement within the reasonable time of judicial decisions concerning the State's material obligations towards its citizens or a compensation for the procrastination or non-enforcement of judicial decisions.
The Federal law on 30 April 2010 No. 68-FZ “On the compensation for the violation of the right to a fair trial within a reasonable time or for the violation of the right to an enforcement of a judicial decision in a reasonable delay” despite its evident progressive meaning concerned only the so called pecuniary obligations and this restrictive interpretation was confirmed by the supreme courts of Russia in December of the same year.
It' s only after the second pilot judgment “Gerasimov and Others v. Russia” (2014) a new Federal law on 19 December 2016 No. 450-FZ providing a fulfillment of non- pecuniary obligations was adopted. Thus the Russian citizens obtained a possibility to appeal before the national courts a non-enforcement or judicial decisions concerning pecuniary as well as non pecuniary obligations ( “obligations in nature”) of the State. Time is necessary to analyse the implementation of the new lawKeywords: pecuniary obligations, non-pecuniary (“natural”) obligations, non-enforcement of judicial acts, Supreme Court of the Russian Federation, the European Court on Human Rights, legislature, judicial practice.
Keywords: pecuniary obligations, non-pecuniary (“natural”) obligations, non-enforcement of judicial acts, Supreme Court of the Russian Federation, the European Court on Human Rights, legislature, judicial practice.
E. V. POZDNYSHEVA
leading research fellow of the Department of civil legislation and procedure
of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
The article is devoted to the analysis of the provisions of Article 453 of the Civil Code of the Russian Federation, which determines the consequences of termination and modification of the contract, and the practice of their application with regard to the effect of the contract termination or modification on a fate of the contractual obligation. The relevance of the topic is due to both the enactment of the new edition of Chapter 29 of the Civil Code of the Russian Federation, including Article 473 of the Civil Code of the Russian Federation and the emergent amendments to the first part of the Civil Code of the Russian Federation by Federal Law on 8 March 2015 No. 42-FZ “On Amending Part One of the Civil Code of the Russian Federation” in law enforcement practice’s issues in dealing with cases of the effect of the contract’s termination or modification to a contractual obligation.
The main objective of the conducted research is to determine whether termination or modification of any obligation entails termination or modification of the contract, respectively, and, first of all, whether the agreement itself falls off in these cases, since it is the clarification of the effect of termination and modification in the contract on the contractual obligation that allows to resolve the issue of the possibility of recognizing the terminated contract as invalid or not, as well as the possibility for the parties to the contract to conclude an agreement, which a court recognized as null and void, and which would have been removed from the fact that the basis for the recognition of the treaty was invalid. In connection with this, the task of determining the moment from which the contract is considered to be terminated or amended, in the first place in legal process it becomes of fundamental importance.
The Civil Code of the Russian Federation with regard to the regulation of the fate of the contractual obligation as a result of contract’s termination or modification is limited to just a few paragraphs of the article (paragraphs 1, 2 of article 453 of the Civil Code of the Russian Federation), where the crucial significance for the subjects of property turnover becomes an analysis of a litigation and arbitration background, which allows to form an understanding of how the norm of law is perceived by practice in order to determine the strategy and tactics of protecting the rights and legitimate interests of the subjects of turnover. Thus, studying the risen questions requires a systematic approach, based, inter alia, on formal-legal and comparative methods of the research.
As a result of the analysis of the legal provisions and the judicial practice’s approaches, it is concluded that the subject-matter of the claim to recognise the transaction as invalid may be any contract entered into force, regardless whether it is terminated or is in effect, because as a result of the termination of the contract only the duty to fulfil the contractual obligation becomes eliminated and therefore the right of the other party to demand execution is eliminated too. In addition, it was concluded that the purpose and essence of legislative regulation allow one to raise the question of the possibility of establishing a different norm than that defined in Art. 453 of the Civil Code of the Russian Federation, in the part determining the moment from which the obligations are considered as terminated or modified in a judicial procedure.
Keywords: contract modification, termination of a contract, consequences of termination and modification of a contract, prospective nature of termination and modification of a contract, an effect of termination and modification of a contract to the contractual obligation, annulment of a terminated contract.
A. A. RAYLYAN
professor at the Department of civil law and procedure of the Griboyedov Institute of International Law and Economics, candidate of legal sciences, associate professor
21, Shosse Entuziastov, Moscow, Russia, 111024
The article deals with the problematic issues of codification of Russian consumer legislation and with the need in a codification process.
The purpose of the research is to show how the normative legal act should ultimately result in the on-going codification work of this legislation, for which it was necessary to solve the following tasks: to determine the legal nature of consumer relations, to reveal the structure of the legislation regulating these relations; to prove that consumer relations are ambiguous by their legal nature, not all belong to civil-law, fall under the jurisdiction of other branches of law, in particular, administrative and municipal. Moreover, these relations fall under the jurisdiction of different levels of legislation: federal, regional and municipal.
In the process of research a formal legal method was used.
Based on the analysis the author comes to the following conclusions: consumer relations are heterogeneous, they cannot be covered completely by a single legal branch and, as a consequence, they are not subject to regulation by normative legal acts adopted only at the federal level. Therefore, the codification process of consumer legislation should culminate in the adoption of a non-unitary “Consumer Code of the Russian Federation”, and a comprehensive normative legal act in the form of the “Principles of the Consumer Law of the Russian Federation”, combining the norms of various branches of law subject to the jurisdiction of consumer relations. It is also necessary to take into account the federal structure of our country. The consumer code is the most suitable one for unitary states.
It would be advisable to conduct a preliminary development of a scientific doctrine on the issue under consideration, which should precede the adoption of the law, for what it would be desirable to initiate a corresponding scientific discussion in the journal.
Keywords: Constitution of the Russian Federation, codification, municipal consumer market, local government bodies, consumer relations, Consumer Code of the Russian Federation, problems of consumer protection, Fundamentals of consumer legislation of the Russian Federation, structure of consumer legislation.
S. A. BOGOLYUBOV
head of the Department of environmental legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor, honored scientist of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
The need to ensure the sovereignty of Russia leads to the understanding and studying of its unified ecological-legal space not opposed to other European and Asian vectors and directions of development at the scale of continents and a planet. The unity of the ecological-legal space is based on common economic, legal, historical, and cultural grounds and guaranteed by the diversity of traditions, means and methods of implementation of the state environmental administration and environmental protection, forms of ownership, use and disposal of land, other natural resources and objects, implementation of multi-level public functions that maintain the integrity of the Russian state and the adjacent spaces. Numerous factors, general and particular, determine its importance in the conservation and functioning of a united and diverse natural areas consisting of forests, water, subsoil and other natural resources subject to legal protection and rational use. Numerous factors, General and particular determine its importance in the conservation and functioning of a United and diverse natural areas consisting of forests, water, subsoil and other natural resources subject to legal protection and rational use.
The article deals with the concept of “space” and its legal dimension, its relationship with the concepts of “territory”, “zone” and other categories. The features, unique characteristics of the Russian legal space in general and the environmental and legal space in particular are distinguished. The legal space is studied from the point of view of a complex integrated system that performs certain functions. Correlation of the environmental and legal space and environmental legislation of the Russian Federation is revealed. Special attention is paid to the conditions affecting the formation and development of the Russian ecological and legal space, the mutual influence of the Russian ecological and legal space and legal spaces of neighboring states, and interstate associations are assessed. Suggestions are made to improve the Russian ecological and legal space through rational and scientifically grounded lawmaking to include in the national legislation new mechanisms for legal protection of the environment and to improve the effectiveness of existing instruments.
Keywords: environment, legal environment, integrity, unity, diversity, the Russian state, territory.
E. A. GROMOVA
associate professor at the South Ural State University, candidate of legal sciences
78, Lenin ave., Chelyabinsk, Russia, 454082
The successful creation and operation of special economic zones — institutions that facilitate the attraction of private investments to the domestic economy — directly depend on the procedure established by law that provides a land plot in order to create them. In this regard, as well as due to the absence of comprehensive studies of the order and specifics of granting land plots within the boundaries of special economic zones, the study of the specifics of the provision of these land plots is relevant.
The purpose of the scientific article is to study a legal regime of land plots in special economic zones and to identify its features.
Based on the application of formal legal and comparative legal methods, as well as analysis of the current legislation on special economic zones and land and urban codes, a number of features of land use within the boundaries of special economic zones are revealed.
The author comes to the conclusion that there is a special regime of land plots in special economic zones, the distinctive features of which are: the creation of a special economic zone in the territory of certain purposive appointment, the non-distribution of the effect of town planning regulations on land plots located in a special economic zone; a special (and the only) basis for the withdrawal of a land plot for state and municipal needs in order to create a special economic zone; providing land for the construction of infrastructure in the special economic zone without bidding and prior approval of the location for their allocation, as well as using special contractual forms.
Keywords: land plots, special economic zone, special regime of land using.
O. V. MOTSNAYA
senior research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
Conflict of interests as a category has appeared in Russian labor legislation recently, while the general rules governing the conflict of interests of the employee and employer are not contained in the labour legislation. In addition, there are no specific doctrinal features of it in the labour relationship in labor law, and its application is associated with the special status of such categories of employees as employees of state corporations, public service, state companies, employees specified in Art. 3492 of the Labor Code of the Russian Federation, as well as citizens filling the office of state or municipal service.
In this regard, the author was concentrated on the investigation of the meaning of the category “conflict of interests” in labor relationships in general, and not only to specified employees. To achieve this goal, it was required to answer the question about the place occupied by the categories of “interest” and “conflict of interests” in labor relationships, and also to substantiate the possibility of existence of a conflict of interests in labor law as a prerequisite for the emergence of a labor dispute; also to identify differences in the meaning of the notion of “conflict of interests”, applicable for the purposes of anti-corruption legislation and for labor legislation.
For this work general and special legal methods of scientific knowledge are used: analysis of terminology, studying of legislation, generalization of ideas available in the science regarding the concept and regulation of “conflicts of interests”.
As a result of the study, the author came to the conclusion that in labour relationships, a conflict of interests can be considered as a prerequisite for the emergence of a labor dispute.
Keywords: labor relationships, conflict of interests, employee, employer, legal conflicts, Labor Code of the Russian Federation.
O. I. ILINSKAYA
senior lecturer at the Department of international law of the Kutafin Moscow State Law Academy, candidate of legal sciences
9, Sadovaya-Kudrinskaya, Moscow, Russia, 123995
On the eve of the 100th Anniversary from the date when the League of Nations was founded, the first universal international organization for maintenance of peace and security, we have to ascertain that the majority of scientific works, related to the examination of its legacy, focuses mainly on one aspect of the League of Nations international activity – maintenance of peace and security. Meanwhile, it is obvious that little attention has been paid to its activity in humanitarian field, in particular, in the field of human rights protection. However, the text of the Covenant of the League of Nations shows that its authors attached a considerable amount of significance to the human rights protection.
The purpose of the present article is to analyze the role of the League of Nations in the formation of the institute of human rights protection in international law. The author analyses the League of Nations efforts in the field of protection of some vulnerable groups’ rights (children, women, refugees). Special attention is paid to the study of the system protecting rights of national minorities.
The author uses different methods of scientific research: systematic, structural, functional, historical, comparative analysis.
All the international legal measures in the field of human rights protection, analyzed in the present article (formation of the system for protection of rights of national minorities, adoption of international documents aimed at protection of children and women, refugees’ rights and which were responses to the current demands of that time, must be considered as the ground for further cooperation in the field of human rights after World War II. Thus, all the initiatives, introduced by the League of Nations in the field of human rights protection, made significant contribution to the further progressive development of international law.
Keywords: human rights, the League of Nations, international law, cooperation in the field of human rights.
O. I. SAKAEVA
research fellow of the Department of foreign constitutional, administrative, criminal legislation and international law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
In contemporary legal doctrine and practice the terms “slavery” and “trafficking in persons” are often conflated or used to refer to acts that go beyond the legal definitions as established by the 1926 Slavery Convention and 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. The main purpose of the study of the relevant jurisprudence of international judicial bodies is to identify legal features that allow us to distinguish between these and other related concepts.
The methodological basis of the research consists of a set of scientific knowledge methods: universal dialectical method, basic (analysis and synthesis, induction and deduction, systematic approach) and special legal (formal-legal and normative-legal) methods. Particular attention is paid to the comparative analysis of the definitions of slavery, trafficking in persons, servitude and other related concepts. For example, the practice of the European Court of Human Rights was assessed. The ECHR considers cases of trafficking in persons since 2010 (Case of Rantsev v. Cyprus and Russia), despite the fact that Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 contains only the prohibition of slavery, servitude, and forced or compulsory labor.
The article substantiates the need to clarify and harmonize conceptual approaches in the sphere of counteraction to slavery and human trafficking. The author considers it inadmissible to expand the understanding of slavery by including any deprivation of personal liberty. Cases of slavery shall be distinguished from those where, though there has been control exercised, this control is not tantamount to possession (as the power attaching to the right of ownership and the factual condition for the exercise of any or all the other powers attaching to the right of ownership).
Keywords: slavery, trafficking in persons, servitude, forced labour, European Court of Human Rights, powers attaching to the right of ownership.
A. A. GRAVINA
leading research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
The requirements for judges in the administration of justice such as fairness, integrity, respect of the moral principles are essential prerequisites to the proper performance of judicial duties. These requirements are largely form by the international standards and relevant not only to ensuring the independence of judges, but anti-corruption in the administration of justice. Increase the public danger of corruption determines the state anti-corruption policy and the need of implementation of the anticorruption norms in administration of justice into the Russian legislation. International acts contain the principles, contents and basic requirements for judges in the administration of justice, and these acts need to be analyzed.
The UN Convention against corruption 2003 essentially is a programmatic anti-corruption document. The problem of coordination of domestic anti-corruption legislation with international standards is still relevant. The Convention’s principles have defined the legal regulation of the anti-corruption activity. One of them is the requirement of a particularly accurate selection to the post of judge. In accordance with this requirement few Federal laws and amendments to the Law on status of judges of the Russian Federation were adopt; they concerned the significant additions to the requirements of judges, the procedure for resolution of conflicts of interest. Anti-corruption measures are: the requirements on Declaration of judge's income; suppression of exerting pressure on judges.
The methodological basis of the study consists of the dialectical materialist method, which allows to study the phenomena as a whole, taking into account the mutual relations and dependencies. Also the general scientific and special legal methods of studies, comparative legal and systemic methods were used.
The article analyzes the powers provided by the international acts for judge while they are considering the corruption cases and their implementation in Russian legislation. The author makes some recommendations to prevent conflict of interest and other corruption risks.
The International principles of the enhancing the court credibility and the effectiveness of anticorruption can be seen in the transparency of justice, accessibility for the population, providing access to information. The implementations of these principles are: legal forms of engaging citizens to the administration of justice; informing the people about decisions made by the courts; and the establishment of public control over the administration of justice.
Keywords: international principles, anti-corruption, illicit enrichment, control over the income of a judge, non-procedural appeal to the judge, transparency, justice, access to information, public participation in the administration of justice, public control over the administration of justice.
A. A. FATIYANOV
head of the Department of state-legal and criminal-legal disciplines of the Faculty of economics and law of the Plekhanov Russian University of Economics, doctor of legal sciences
36/3, Stremyany lane, Moscow, Russia, 117997
The content of the “legal science” concept and its constituent elements (branches of law) are analyzed. The structure of legal science in the Nomenclature of scientific specialties is compared with the structure of other branches of science. It is noted that there are two large blocks of scientific directions in the legal science: law and applied legal sciences. In this connection, the author considers the main mistake in the Nomenclature to be the representation of legal science as an aggregation of a certain set of sciences. The role of the nomenclature of scientific specialties in the establishment of a system of constituent parts of the legal science is determined. In the opinion of the author, the spontaneous emergence of new scientific specialties is related also to a deficit of doctrinal provisions that determine the division of law into sectoral sciences.
The necessity of enlarging the list of scientific specialties in the field of law is substantiated, according to which the scientific orientation of the qualification works for the scientific degrees of a candidate and a doctor of law should be determined. The implementation of this approach will also allow to solve ultimately the problem of the gradual diminution of certain scientific specialties from the Nomenclature and the inclusion others into it, and also to bring the provisions of this normative act as closely as possible with the provisions of the legal science itself.
The necessity for further development of the theory of complex legal entities is substantiated, many of which are presented in the current Nomenclature of scientific specialties as separate scientific directions. An important condition for the development of complex branches of law is a closer relationship of their positions with other sciences (economics, mathematics, medicine, biology, etc.) than the same in the main branches of law. The author comes to the conclusion that in the legal science there should be a block of branches that would be basic and most detached one from other socioeconomic and social sciences.
Keywords: legal science, branch of law, basic branch of law, interdisciplinary legal education, nomenclature of scientific specialties, science of law, law.
N. A. SHEVELEVA
head of the Department of state and administrative law of the Law faculty of the Saint-Petersburg State University, doctor of legal sciences, professor
7/9, Universitetskaya emb., St. Petersburg, Russia, 199034
Radical change in educating young scientists in the Russian Federation, which was poor formulated in several provisions of the Federal law “On Education in the Russian Federation”, urgently requires further legal regulation with acts of the Government of the Russian Federation and the Department of Education of the Russian Federation. Main reasons for changes are accepting that postgraduate is a level of education, so all the requirements for education program must be applied, such as status of student, standardization of requirements for the education content. In legal regulation we can see the gap between Postgraduate and scientific work. A postgraduate student has the same status as expelled-and-reinstated student who needs to follow the curriculum requirements with the certain number of credit points per year, etc. The education program itself started to be called “training of highly qualified personnel” without even mentioning the “post-graduation” term. So the widely used term “postgraduate training” has lost any connection to the Federal law “On Education in the Russian Federation”.
Issuing of by-laws should be organically based on that limited experience that has already been acquired by Law Schools after the entry into force of the new Federal Law “On Education of the Russian Federation”, including getting answers to all questions that impede the development of the Postgraduate. And the most important among them is a question about the results’ correlation of postgraduate education and Ph.D. defense procedure and harmonization of these autonomous phenomena seems to be the biggest challenge.
The postgraduate reform, that recently received a new appearance of the education program, should be carried out thoughtfully and carefully, trying to save and not ruin the interest of young researchers in the scientific work. It is offered to separate the targets that can be implemented at this educational level as well as to distinguish the programs: scientific and pedagogical ones.
Keywords: education program, training of highly qualified personnel, research work, teaching practice, final qualifying paper, Ph.D. examinations, credit or units.
A. V. MARTYNOV, M. V. NIKIFOROV, I. F. LYAPIN
A. N. BODAK, G. A. VASILEVICH
A. N. BODAK, head of the Standing committee of the Council of the Republic National Assembly of the Republic of Belarus for legislation and state construction, candidate of legal sciences, associate professor
9, Krasnoarmeyskaya st., Minsk, Republic of Belarus, 220016
G. A. VASILEVICH, head of the Department of constitutional law of the Law faculty of the Belarusian State University, doctor of legal sciences, professor, honored lawyer of the Republic of Belarus
8, Leningradskaya st., Minsk, Republic of Belarus, 220030
The main attention in present article is paid to modern tendencies of legislative process improvement in the Republic of Belarus. The author shows the motivation of the Parliament, as legislative body, to establish on the basis of the Constitution and in line with the Law "On normative legal acts of the Republic of Belarus" a detailed procedure for drafting, discussion, analysis (examination), adoption and enactment and, if necessary, the interpretation of legislation. On 10 January 2010 the first Law "On normative legal acts of the Republic of Belarus" was adopted. Since the adoption of the mentioned law a great experience was accumulated in Belarus, which shows some problems and these problems have to be resolved. The practice raised new questions that should give answers based on a new knowledge about the laws of legal development. Therefore, at present the Belarusian Parliament in the houses is working on a new version of the above law. The draft law takes into account the domestic and foreign experience, first of all Russian experience, reflected in scientific publications, the acts of the current legislation, to improve rulemaking and enforcement. The extended session of the Scientific Advisory Council for Socio-Economic Development of the Republic of Belarus under Presidium of the Council of the Republic National Assembly of the Republic of Belarus of the sixth convocation on the topic "Legislative process in the Republic of Belarus: problems and ways of their resolving (including the draft law of the Republic of Belarus "On normative legal acts of the Republic of Belarus")", held on 30 March 2017 became an important event where the professionals had a possibility to discuss topical issues in the sphere of law-making.
The representatives of presidential Administration of the Republic of Belarus, legislative, Executive and judicial branches of government, other organizations and the scientific community participated this event. As expert there was one of the founders of the law-making scientific school, creator of the modern concept of the main institutions of public law, deputy head of the centre for public law studies of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of law, professor, honored science worker of the Russian Federation, correspondent member of the International Academy of Comparative Law Yu. A. Tikhomirov. His ideas and evaluation was a powerful incentive to improve the quality of the bill.
Keywords: legislative process normative legal acts, the Republic of Belarus.