Аннотация: In the article author probes notion and signs one of problems of cooperation of the in a civilized manner-legal systems – legal acculturation. Conducting the etymologic analysis of notion in scientific literature an author comes to the conclusion, that acculturation it is the protracted process of influencing of cultures of different group, at which contact the culture systems are perceived by properties of each other, as a result the certain “identicalness” of both cultures is formed and there is new integrity, possessing new descriptions high-quality. Comparatively recently acculturation became the article of independent researchin domestic and foreign jurisprudence. The theory of the state and right only begins to probe this phenomenon, therefore fundamental theoretical developments absent until now. And exactly fundamental acculturation researches actuality until now. Due to constantly appearing works which affect the insufficiently known or in general new aspects of this problem, the theory of legal acculturation is complemented new ideas and the same develops and perfected. As a result of the conducted research author formulated the followings conclusions: 1. Legal acculturation is determined through the categories of process and result of co-operation of the different in a civilized manner-legal systems; 2. As a process of co-operation can flow in different forms and accept voluntarily, forced or forced character, volume of term “legal acculturation” depends on that includes researcher in his maintenance. 3. Volume of term “legal acculturation” associates and with the results of legal co-operation (effective, partly effective and uneffective acculturation). If legal co-operation carried mainly one-sided character and resulted not in transformation, but to absorption of one legal system other, whether there will not be this “deacculturation.” 4. As a result of co-operation there is an origin of new integrity, possessing new properties high-quality, conditioned both properties of basic parts and origin of the new systems of connections between parts. Volume of term legal acculturation such, depends appearance on forming high-quality of new integrity, for example, of single legal space. On the basis of foregoing the following determination is formulated: legal acculturationis the long contact of the in a civilized manner-legal systems of different group, utillizing depending on historical terms various methods and methods of influence the necessary result of which is a change of primary structures of culture of contact and forming of single legal space. Further the signs of legal acculturation open up an author, distinguishing it from other forms of cultural exchange.

Аннотация: The problem of the systematization of central institutions of public administration in the Russian Empire in the beginning of XIX century is still one of not adequately explored and vexed points in the Russian history of state and law. Pre-revolutionary, Soviet and contemporary Russian researches give just an approximate picture of the system of central institutions of state administration in Russia in XVIII–XIX centuries. Basically 8 collegiums are listed: The Department of Water Communications, the Main Postal Directorial Board, The Expedition of State Economy, the Guardianship of Foreigners and Rural Home Economics, the Department of State Treasurer, sometimes – the Department of Independent Principalities, the Cabinet of His Imperial Majesty, the Court Chancellery, and, as a rule, this is the end. The same applies both to the latest textbooks and to the schematic material devoted to the given problem. Meanwhile, the actual system of central institutions of public administration in Russia in the beginning of XIX century was much more diverse and multifold. Such discrepancy is explained by objective difficulties in the research of the history of state and law, and the history of public administration in Russia at the turn of XVIII–XIX centuries. One of the major difficulties is a lack of a legally vested legal status of a central institution for many public administration institutions of that historical period that makes their strict identification practically impossible. Besides, in accordance with the choice words of the Soviet historian of state institutions, A.V. Chernov: “The institutions of XVIII century had not been formed in centralized administrative authorities (departments) that existed in XIX–XX centuries),” that complicates the research. In spite of a lot of difficulties the systematization of central institutions of public administration, seems to be possible. More than that, there is a need in this systematization for the research of the structure of state institutions of that period. For that we have to make the classification of all central institutions (as well as relative ones) of public administration in the following groups: collegiums, institutions with a status of collegium, collegiate institutions and court administration institutions. The similar systematization of central institutions of public administration in the Russian Imperia in the beginning of XIX century gives an opportunity to understand more precisely a lot of structural and organizational aspects of the history of state and law in Russia in that period. Along with that the given systematization is important indirectly, from the historical and legal point of view, for the present system of public administration as well, in connection with the administrative reform, that is under way in Russia.

Аннотация: 2008 year is announced a Family Year. Along with this, necessity of developing different attitude to a family from state and society puts the task of providing a national priority of healthy and having many children family not for one year but for decades. The article is ablout the principle of strengthening a family as one of fundamental principles of a family law of the Russian Federation. Here are being investigated provisions of a family law of Russia, aimed at implementation of the principle of necessity of strengthening a family, being disclosed its contents and analyzed problems which take place in law enforcement practice. Here are being researched basic problems of a modern Russian family and possible approaches of its solution from the position of optimization of private and public sources in legal settlement of family relations. Among basic sources of family law in paragraph 1 article 1 of Family code the Russian Federation is proclaimed: “Family, maternity, fraternity and childhood in the Russian Federation are under protection of the state. Family law origins from necessity of strengthening a family, building family relations on feelings of mutual love and respect, mutual aid and responsibility before a family and its members, inadmissibility of accidental interference in family matters, providing free exercising of rights by members of a family and possibility of legal protection of these rights.” A family is the basis of a society and it is exactly because a society itself cannot exist without a family. A family is a mirror of a society, it changes as a society changes, reflecting complications and problems of a certain stage in development of public relations. Tendencies of modern stage of development of a Russian society are low birth rate and high mortality, preserving of which, as it was mentioned in the report of UNO in April, may lead to the population of Russia by the beginning of 2025 to be reduced till 125–135 mln of people, and by 2050 – by 100 mln people. Unfortunately, not only characteristics of birth rate and mortality indicate instability of a Russian family, but data of registered and dissolved marriages ratio, where there are about 6–7 divorces for 10 registered marriages. To strengthening of a family have been aimed a lot of standards of Family law, first and foremost, Family code of the Russian Federation: firstly, regulation of relations, preceding registering of marriage has the aim to create conditions, promoting strengthening a future family (art. 11–15 Family code of RF); Secondly, consolidation of the provision, limiting a husband’s right without a wife’s consent to start a divorce case during her pregnancy and within one year of a child’s birth (art. 17 Family code of RF); Thirdly, concession the court of a right (in the absence of consent of one parent to divorce) to postpone the trial of the case, setting the date of reconciliation within three months (prov. 2 art. 22 Family code of RF); Fourthly, acceptability of divorce only when the court establishes that future joint life of spouses and preserving of a family is not possible (prov. 1 art. 22 Family code of RF); Fifthly, acceptability by the court to recognize marriage valid even when conditions of entry into marriage have been violated and there are grounds to recognize marriage not valid, if by the moment of trying the case those circumstances, which due to force of law prevented entry into marriage, have fallen away (prov. 1 art. 29 Family code RF); Sixthly, current family law does not admit parents’ refusal of parents’ rights, parents can be deprived of parents’ rights only on the grounds, the closed list of which is stipulated in the law and in order, established by the law (art. 69, 70 Family code of RF); Seventhly, deprivation of parents’ rights is not considered as a final measure and therefore current legislature admits possibility of restoration of parents’ rights (art. 72 Family code RF); The present article is devoted to investigation into these and many other provisions, aimed at strengthening a family.

Аннотация: It is mentioned in the article that the notion “misuse of right” in the modern system of the civil law is very vague and controversial. In the civil law the majority of rules have optional structure of legal material, the main point of which is in provision the person with an opportunity to determine his/her behavior himself/herself willfully, that open the space for actions of the person at his/her discretion. Guarantees of exercising civil rights are an integral part and main point of any legal system, without which legal rights would be declarations, failed to be exercised and useless, due to this. So, the rule of Article 10 of the Russian Federation Civil Code refers to the rule-principle, which guarantees proper exercising of civil rights in accordance with their real purpose. Article 10 of the Russian Federation Civil Code defines limits of civil rights exercise, prohibiting absolutely distinct, namely misuse behavior. It provides a general restraint of discretion of civil turnover subjects, while they are exercising their civil rights. The sense of the text of Article 10 of the Russian Federation Civil Code is wider than the sense of this article’s title, and it is inadmissible for the law. Taking into consideration the mentioned information, in the notional order, it would be more correct to give the following title to Article 10 of the Russian Federation Civil Code: “Inadmissibility of misuse behavior” or “Criteria of using civil rights,” or “Subjective limits of exercising the rights for participants of civil matters,” or “Prohibition for negligent acts.” Taking into consideration the above-mentioned, misuse of the civil law can be defined as a special type of civil right violation, related to authorized person’s going deliberately beyond inner limits (sense, purpose) of the civil law (which are determined by the requirement of reasonableness and good faith, inclusive) in order to reach his/her illegal hidden object with using juridical formalism of the civil law, such as blanks, slips of the tongue, drawbacks, narrowness, contradictions of legal rules and contractual provisions. In juridical and technical view, misuse behavior is expressed when the person violates the liability to faithfully exercise his/her right; this liability is included in his/ her civil right and comes from ideas and principles of the civil law (first of all, the principle of equity and the following principle to exercise the right in good faith), when he/she follows formally of uses special civil legal rules.

Аннотация: Nowadays in Russia the theory of the financial control develops rather active however the system of the institutions and the categories of the modern financial law in Russia is exposed to the constant transformation that cause the vast fields of the science researches. Every science including juridical has its own categorical system. For every science using conceptions are unequal with their importance, concernment and role in the perception of the processes in this science. This article is dedicated with the researching of the development of the conception “financial control” in our country. Different points of view on the problem of the different term apparatus of the financial control sphere are dedicated in the issue. There is also the review of the last years scientific literature devoted the financial control problems. The author makes the conclusion that the financial-law categories among the other categories have their own distinctions. Taking into account that the financial-law has long history it’s impossible to say that the system of its law categorical has been formed in full. One the direction of the financial-law science development is the problem of applying those or other conceptions to the financial-law science’s law categories. The financial-law science’s law categories are divided into bases (the model science conceptions) and special. In the article the author bases that the financial control is the special category of the financial law that is indicated with that this is the whole sphere of the financial law and this is the special conception including the other conceptions (State and local financial control, currency control, tax control, insurance and bank control etc). The financial control in science means the special sphere of knowledge connected with the learning the State and local finances expenses, its advisable using and observance the legislation control action. In the article the author bases that the financial control is not only economical category and also law category that has theoretical and vast practical importance.

Аннотация: Registration procedures represent the mediated form of the control over realization by enforcement authority, the public or private commercial organization of competences of possession, using or ordering of the state or municipal property. Registration procedures include gathering, analytical processing (including examination) of the data on public property and also using of such data by the state body (organization) or the subject of private law. Registration procedures are closely connected with realization of the registration and other public allowing procedures carried to conducting of enforcement authority, for example, to conducting by such bodies of registers, cadastres, registers of objects of the real estate. Maintenance of the control over rational use of corresponding property object concerns to political-legal preconditions of registration procedures. The major applicability of registration procedures is legitimization of property competences. Execution by the legal owner of registration duties is the necessary precondition of investment with its property competences. Stages of realization of registration procedures: expert; analytical processing of the information; appeal. Special registration procedures are stipulated concerning the property, which is turned into the property of the state as a result of fulfilment of an offence. Legal regulation of the account of public property at a federal level is carried to conducting by the Government of the Russian Federation and federal enforcement authorities. Estimated activity is one of stages of management of public property and includes the administrative procedures which are carried out at a preventive stage and a stage of state regulation. The stage of a public regulation of estimated activity includes administrative procedures of legal regulation, the control and supervision of activity of the self-adjustable organizations of appraisers, and applications of sanctions to such organizations and their officials guilty of default of duties, established by the federal legislation on estimated activity. The control of the self-adjustable organization of appraisers for observance by its members of the requirements established by the federal legislation, concerns to the most important stages of a public regulation. Default by the appraiser – member of the self-adjustable organization of appraisers of the duties established by the federal legislation on estimated activity and local normative legal certificates, published by the self-adjustable organization of appraisers, entails application to the infringer of sanctions.

Аннотация: The article is dedicated to issuing measures of interim protection in the proceedings of the State arbitration (commercial) court. Having reviewed theoretical and practical aspects of their application, the author makes the following conclusions. 1. The subject of interim relief in action proceedings is the subject of the legal action, i.e. a substantive claim of the plaintiff to the respondent. 2. Measures of interim protection, defined and not defined in Article 91 of the Arbitration Code of Practice of the Russian Federation, are substantive means to provide for civil liabilities implementation of which is made under the specific procedural order based on the definition or ruling of the court. 3. Difficulties in issuing measures of interim protection are a consequence of insufficient grounds for their application. A conclusion about them is frequently made on the basis of assumptions on probable actions of the respondent only. It is proposed to establish in the legislation a disputable presumption of occurrence in future of the facts which may either impede execution of the judicial decision or render it impossible. 4. As a measure of interim protection it is inadmissible to suspend levy of execution issued by bailiffs based on the decisions of State courts and arbitration tribunals.

Аннотация: The litigant’s representative in civil and arbitration proсess actions within the limits of powers which was assignment to him. In this connection the question about them volume is of great practical importance and needs careful studi. In the article points the extension of the volume of the special powers of the representatives on a contractual basis the advocates included in the CPC RF of 2002 year. The appointing in the CPC of the powers on the dispose actions in the executive proceedings that regulate the separate federal law recognized as inexpedient. Are groundless also the offers to the addition of the list of the special powers with the new powers. At the same time exsists the necessity some to broad such powers as in the CPC as in the APC RF of 2002 year. Was criticized the excessive increase of the quantity of the special powers of the representatives in the APC which leads as soon as to the complication of the legalization of the powers of the representatives including advocates and can to break the interests of the principals. The autor notes as the lack of the notarial practice the automatic legalization of the powers of attorneys in all cases with the indication in them of the whole of dispose actions without explanation of the consequences of these actions. But the question whether he entrusts to the representative the accomplishment of the actions which influences of the clame’s fate and the execution of the judgement must decide himself the principal. In order to avoid the disputes will better to indicate specifically in the power of attorney the dispose powers. Unacceptable is the offer to complicate the order of the access in the trial and the leave out of it by means of pronouncement of the decision that enters in the record of proceedings. The need to include in the law the rule according to it the principal can to empower one’s representative to accomplish of the separate processing actions is absent too. Mistaken seems the opinion that needs to allow to the principal to approve of the following accomplish of the dispose actions with the litigant’s representative if he even hadn’t the legalized according powers originally. In conclusion were analysed the explanations of the Supreme Court of the RF concerning powers of the advocates which take part in the trial as the litigant’s representatives by appointment.

Аннотация: This article aims to consider a number of topical issues concerning the role of judge at the stage of preparation of criminal case to the trial and his or her appointment. Although Criminal Procedure Code of Russian Federation does not specify the starting point for the beginning of this particular stage of criminal procedure, but rather tends to link the deadline for making this decision by a judge at this stage to the day when the criminal case entered the court; and also Criminal Procedure Code of the Russian Federation does not provide for a judge to make separate decision on starting proceedings for this case. In this regard, a conclusion is made that the start of this stage will be the date when particular criminal case entered the court office, thereafter court president orders a particular judge to start proceedings on this case, which results in the judge making his or her proceedings for this case. Such judge is entitled to make the most important final decision reflecting the essence of this stage, that is, decision on the possibility of ordering a trial on such case, which should be considered as taking the case to proceedings by the judge. Another matter considered in this article concerns the right of the judge on its own to make decision on the inadmissibility of the proof on this case at this stage of the process. Discussion matters include deciding on whether a judge should be given a right – when determining any grounds for conducting preliminary hearing – to order it in his own judgment regardless of availability of petition by a party. In doing so the law allows conducting preliminary hearing initiated by the judge if only the judge sees, based on the material of the case under his or her scrutiny, any grounds for suspending or terminating such criminal case or returning the case to public prosecutor. Despite regulation of the procedure on exclusion of evidence, this article draws attention to the absence in the law of a clear point made by lawmakers concerning the right of judge on his or her own to make decision on exclusion of evidence on the case, primarily in cases when respective petition failed to be made by either party. As substantiation of this proposal, an opinion is made that the judge shall proceed with common case in such a way that while examining case papers, he or she should find out the availability of not only factual but also legal grounds for ordering a trial and in doing so the judge may reveal a breach of the criminal procedure law as far as collection and verification of evidence is concerned, while no reference to a petition made by a party in order to exclude such evidence is found in any provision of the above mentioned and other clauses of the Criminal Procedure Code of the Russian Federation.

Аннотация: In modern Russia the process of improvement in civil proceedings and growing in efficiency of individual protection citizens’ and organizations’ rights is the most important direction of public formation. More often the greatest and profound tendencies on proceedings development are formed by court practice and judicial opinion. But its implementation in legal proposition can result in disfigurement of legal reality and the errors of legal regulation, if it has not the sufficient scientific examination. The dogmatic-normative method of study of legal phenomena with its integral methodological researches and analyses is the most widespread way in the science of civil procedure. Such variant do not answer all the requirements of science and practice. This article contains suggestion to use another scientific direction – the systematic method of analysis certain phenomena, relating to the objects, which are regulated by civil procedure. The attention is concentrated on one of stages of proceedings in general jurisdiction courts and arbitration courts – on the preparation of contentious case for the court trial. It is not an overstatement to determinate case preparation as the proceedings stage of the highest significance level in the court of first instance. It is precisely such quality of case preparation provides correctness and timeliness of civil investigation and disposition decision. Case preparation for the court trial is defined as a system, which is formed by common purpose of this proceeding stage – providing correctness and timeliness of civil investigation. Achievement of this goal is realized with the activity of system elements. Such element as the tasks of case preparation implements designing function of the system, it is in the fact to reconstruct the virtual model of justiciable controversy, which has arisen in reality and requires the adjudication by the instrumentality of legal potentialities. The next element of case preparation for the court trial – the parties – functions as personalization. Analysis of the parties as the element of system makes it possible to obtain the knowledge such characteristic of the system of case preparation as the capability to form legally acceptable purposeful behaviour of the procedural relationship participants and to take into consideration personal legal interest of them on the ground of procedure regulations. Another element of system, the function of legal proceedings, can be defined as objectifying function. When it is realized, the dynamical characteristic of the system becomes apparent. This characteristic explains the capability of system to advance and to develop according to influence of internal and external factors and also provides coordination with other systems. In the projection on legal reality the systematic approach finally permits to estimate correspondence of components (in present case – certain legal regulations) to the systematic character of object and to reveal inaccuracies of legal regulation.

Аннотация: From the legal point of view, international trade phenomena is conditioned by the composite nature. It joints public and private law that leads to complexity in legal and normative regulation. It is possible to classify two ways of international trade relations depending on public or private issue: international trade relations – official relations between international subjects of law like commonwealth, international organizations, integration organizations; transnational trade relations – private law relations between natural persons and juridical persons of the world countries. The most common form of the transnational trade relations is foreign trade agreement. However, the backbone factors for all relations in international trade are their trade substance and transnational nature. The entire system of international trade relations is normative regulation object. Taking in to account quasi-legal (non-legal) regulation methods the modern legal tolls is very developed. Up to our vision, the diversity of norms that regulate international and transnational trade relations could be united in to International trade normative system. Therefore the structure of international trade normative system should consist of: legal norms belonging to different system and branches; non-legal norms, regulating international trade relations – lex mercatoria norms. It is necessary to define the place of international trade law in international trade normative system. There are plenty of terms in native legal science competing against meaning of international trade law. That definitely leads either to object regulation splitting or backwards to their overlapping. Like that, there could be certain scientific mess. It seems that the meaning of international trade law as the sub-branch of international private law is the most proper one. The doctrine widely discussed in foreign juristic literature says that an international commercial contract is the subject of specific normative system – transnational commercial law or modern lex mercatoria. International trade law and lex mercatoria comparison shows common properties as well as their significant difference. Firstly, the common nature is based on regulation impact and secondly on regulation subject itself as transnational trade relations. Nevertheless, international trade law has definitely got public feature. In general lex mercatoria is deprived of such a public law function. It is fairly aimed on developing optimal conditions to regulate the relations. The root-cause difference is hidden in wide spectrum of sources, their legal and non-legal nature which is conditioned by the way of creation. In spite of similarity and differences, it is not really correct to state concurrence between international trade law and lex mercatoria or even ousting one by another terms. To our comprehension, both of those terms and phenomena play important role in international trade normative system. Any of them performs personal functions, using own instruments. In the end, both of these terms are aimed on regulation of transnational relations.

Аннотация: In the article it is mentioned that there has been lately unification of criminal procedure legislation of different countries, and the factors, affecting the condition of this branch of law, and main tendencies of its development are given. As for tendencies of the modern science of the criminal procedure law and the criminal procedure legislation of Serbia, it is mentioned that during reforming of Serbian criminal procedure legislation, high attention has been given to the following two issues: 1) creation of the basis of raising effectiveness of the criminal procedure and 2) change of investigation concept. Authorities of the single judge, which have become increased with acceptance of the Criminal Procedure Code of 2001, are reviewed. Now the judge is entitled to examine and allow criminal cases regarding the crimes, penalties for which are not more than three years of imprisonment. Besides that, it is reviewed to widen the opportunity to impose a penalty without judicial examination for deeds, penalties for which are not more than three years of imprisonment. It is highlighted that provisions, new for criminal procedure legislation of Serbia, concerning the institution of cooperating witnesses, need to be corrected. The content of the principle of practicability of criminal prosecution and ways of its application in Serbia are presented in the article, there are also given some additions to this principle. It is offered to introduce an institution of bargain (consent on guilt admission) between the prosecutor and the defendant to Serbian criminal procedure law. The main point of this bargain institution is preliminary negotiations with the prosecutor about admission of guilt by the defendant and the following declaration or non-declaration of the reached agreement by the court. It is also been considered that besides above mentioned issues, which have priority in the light of creating the regulatory structure for more effective criminal procedure, some other issues need to be given attention; their topicality are proved by both criminal law and modern criminal procedure legislation, and also by results, received in application of this regulations. Examples of special criminal procedures and special authorities for individual types of criminality are given in the article, practicability of their introduction and perspectives of their existence are analyzed. It is mentioned that one of important prerequisites of effective activities of subjects of the criminal procedure and, thereby, effective criminal procedure in general, is effective defense of participants of the criminal procedure. On the basis of this, it is suggested to introduce to the criminal procedure legislation a number of regulations, purpose of which will be the maximum possible degree of defense of the criminal procedure participants. In the author’s opinion, such system of appeal should be introduced to thecriminal procedure legislation of Serbia, which would satisfy all public interests. It is necessary to pay special attention to issues, concerning narrowing and more precise definition of grounds for detention, limitation of periods for pretrial detention, the possibility for wider participation of the attorney in solving the issue of detention, the possibility to implement an institution of so called house imprisonment, creation of regulatory basis for determination of the bail, that could take a more significant place in the system of support measures of the defendant’s presence and unimpeded maintenance of the criminal procedure.

Аннотация: The article is devoted to the actual problem of the coordination of tax obligations and civil grounds of their occurrence. The decision of this problem maybe on the base of the interbranch law theories. It’s possible only in the limits of the economic law. The author proves, that the economic basis of taxes is formed the property interest. It representing the movement of the property from the taxpayer to the state. The feature of the tax as models of relations consists that it is derivative from civil grounds and cannot arise without a financial basis (income). The author suggests to fix civil grounds of their occurrence of the tax as a basic element of the taxation. With the purpose of fastening of property interest of tax obligations the author suggests to fix definitions of separate kinds of taxes by analogy to treaty obligations.

Аннотация: English judge Denning (1899–1999) is one of the prominent lawyers who has made changes into contract law. His analysis of complicated situations became the basis for future judicial awards. This article focuses on the leading cases of the judge in the sphere of contract law, i.e. contract formation, breach of contract and disclaimer. A distinctive feature of the judge was that he preferred to construing rather than following laws strictly. He became especially known after challenging the stare decisis doctrine under which prior court decisions must be recognized as precedents. Denning made a significant contribution into the development of concepts estoppel and promissory estoppel. The ideas of the English judge are still topical and some of them are being developed in the current EU laws.

Аннотация: