No 2 (2017)

The article is devoted to the problems of the establishment of the rule of law state in the Nagorno-Karabakh Republic. The paper outlines the peculiarities of the structure of the rule-of-law state in transitional states and, in particular, in the Nagorno-Karabakh Republic. It was ascertained that despite the unrecognized independence and military aggression on the part of Azerbaijan, NKR succeeded in consistently developing all its state institutions.

The relevance of the work lies in the fact that public power is always a subject of increased interest of the public. The aim of this work is the analysis of principles of public authorities in accordance with the legislation of the Russian Federation. This article examines the concept of public authority, which is multifaceted. The work also examines the principles of public power. The Constitution of the Russian Federation laid out new principles of organization and activities of public authorities. At fair opinion Vladimir Polanski, the principles, which are saturated with the Constitution (this is the peculiarity of the nature of the Basic Law) are the legal benchmark implementation of public authority, the activities of all actors involved in its formation, control. The analysis of scientific literature allowed us to highlight the following principles of public authority: legality; transparency, responsibility, unity of system of public authorities; compentencia autonomy and independence; the recognition, observance and protection of the rights and freedoms of man and citizen democracy. The guiding principle of the organization of public authority is the principle of democracy. The principle of transparency is one of the fundamental principles and means securing the open-STI and availability of information on decisions and actions of subjects of publiclytion of power. Compentencies the principle of independence of the different actors public authorities, is that various entities of public authorities with their own competence cannot arbitrarily invade the purview of other actors to replace them and limit their autonomy.

According to the Constitution the only source of power in our country is the people. Strategic development of Russia as a democratic state depends on effective organization of all institutions of power.

The following article deals with the reasons of escaping from places of deprivation of liberty. It analyses the problems of the crime and provides possibilities of prevention.

The article describes mostly effective democratic legal sources used to increase effectiveness of the municipal law policy and to enforce domestic statehood. These sources are: nation-wide discussions, law-making initiative, public hearings, referendum, etc. The author of the article pays special attention to the order of realization of citizens’ law-making initiative.

Features of carrying out comparative researches of legal liability are investigated. The specificity of general theoretical features of legal liability, its ontology and praxeology is taken into account. Objective and subjective grounds of the general theory of legal liability are taught and conditionally delineated. Questions of the research of legal liability for which it is necessary to receive an answer are formulated. The technique of comparative liability research in law, which can actualize the value of research results, is proposed. To increase the effectiveness of the function of knowledge of liability, it is recommended to take into account the results of monitoring of law enforcement and lawmaking. The indicators indicating the success of a comparative legal research of liability and its results are named. The author comes to conclusions about the existence of the specifics of comparative researches of liability, which is based on its general theoretical and specific features. Specifics of the research of legal liability must be taken into account. A comparative research of liability should be diagnosed on the basis of special indicators that show the expected forms of application of the results of the research.

The author discusses some problems of Russia's participation in interstate associations. In 2014 Belarus, Kazakhstan and Russian Federation created the Eurasian Economic Union (EAEU), whose goal is development economics of the founding states. The attractiveness to Union is evidenced by the fact that it was joined by Kyrgyzstan and Armenia; therefore questions are discussed regarding the forms of participation in Union by other countries. Negotiations on the conclusion of agreements on a free trade zone are being conducted with Egypt, Thailand, Iran, Mongolia, and Serbia.

The example of the Eurasian Economic Union shows the difficulties of the formation of economic relations, their regulation at the interstate and supstate level. There has been some disagreement between Russian Federation and the Republic of Belarus on the issue of tariffs for energy carriers and the receipt of sanctions goods from Europe to the Russian market. Nevertheless, the Union is developing, overcoming all difficulties. This is facilitated by the organizational structure laid down by the Treaty on the Eurasian Economic Union of 2014. The Union bodies are constantly working on creating a legal framework for the functioning of the common market. There is a development and implementation of technical regulations that allow to unify the requirements of the controlling bodies of the Member States to the quality of goods entering the market.

Risks related to competitive struggle are encourage participants of interstate economic associations to create a mechanism for protecting their economic entities. Thus, the Treaty on the Eurasian Economic Union gives the Eurasian Economic Commission jurisdictional powers that allow it to exercise the function of protecting its producers from unfair competition. The Eurasian Economic Commission has the right to initiate an investigation against companies that supply goods to the market of the Union at dumping prices.

The article concludes that it is necessary to strengthen the powers of the supranational bodies of the Union.

The article is devoted to the analysis of the system approach and its role in studying the legal responsibility of public authorities. It is noted that in recent times the use of the system approach in many fields of science has become more and more widespread. This is not accidental, since the study of individual objects in the system, contributes to a deeper understanding of the essence of these objects. Within the framework of responsibility as a system, it is proposed to distinguish such elements as: the subject of responsibility, its grounds, the procedural element of the implementation of legal responsibility, measures of legal responsibility, etc. Among the subjects of public authority are: the population; the state and its bodies; bodies of local self-government; various kinds of public associations, etc. It should be noted that each of these subjects has its own specificity, realized through functions, powers and responsibility. The negative consequences are shown in the absence of a part of the elements in the named system. In the structure of the status of a subject of public authority, such distinctiveness is distinguished as the presence of a huge number of immunities of a number of persons (deputies, judges and prosecutors). Because of this, in practice, these officials can hardly be subjected to the procedure of prosecution, which gives rise to signs of permissiveness in their professional activities. In this regard, the idea is expressed about the inadmissibility of unjustified removal of an official from the general tort law, and every exception to the general rules should be reasonable and reasonable. It is concluded that in modern conditions the application of the system approach in the study of responsibility allows for a deeper study of habitual phenomena and finding new ways of solving existing problems.

Now still there is urgent a question of definition of the place of institute of family and legal responsibility in system of institutes of legal responsibility, and also its interrelation with other types of legal responsibility therefore work is devoted to a research of a debatable question concerning validity of a possibility of definition of institute of family and legal responsibility as independent institute in system of legal responsibility.

For determination of interrelation of family and legal responsibility with other types of legal responsibility the research of maintenance of family legal relations was also conducted, and also the contents of the terms “marriage”, “family” and “family relations” are opened.

Strong similarity of marriage and family legal relationship to civil legal relationship really give a reason for reckoning of family legal relations to a type of the civil relations. Absence at law of domestic relations of independent measures of legal influence also give a reason for reckoning of this type of legal responsibility to other types of legal responsibility. At the same time, family legal relationship cannot be ranked as a type of civil legal relationship because they are connected with the personal relations exactly in a family and marriage while civil legal relationship have especially paid character.

During the carried-out analysis of legal corrective actions which are involved in the family legislation was it is established that this type of responsibility everywhere uses measures legal influence of other branches of the right that does not belittle a possibility of its independent life at all. Besides, active cooperation with other branches of the right gives the chance to justification of institute of family and legal responsibility as complex and interindustry institute of the right

On materials of the conducted research the valid conclusion that the institute of family and legal responsibility is interindustry complex functional institute of legal responsibility in the sphere of family legal relations is drawn.

In article the question of an optimal variant of the methods used in the course of creation of the concept of legal policy in the sphere of legal responsibility is considered. Relevance of giving of legal policy in the sphere of legal responsibility of such form of realization of a theoretical design of system approach as the concept is caused by the fact that one of problems of modern jurisprudence is ensuring conceptualization of theoretical views and practical approaches in the field of legal regulation. The concept, being a complex of key provisions, it is rather full and comprehensively disclosing essence, contents and features of the studied phenomenon, acts as the concentrated, reasoned, system, complete form. High-quality filling of her contents in many respects depends on methods of creation of the concept. Following on the way of optimization of methods of creation of the concept of legal policy in the sphere of legal responsibility, on the one hand, and researches of the corresponding conceptual framework – with another, the author managed to receive the following results. First, leaning on a concept of the concept in general, the concept of legal policy in the sphere of legal responsibility has been submitted as a form of realization of the developed corresponding theoretical design. Secondly, proceeding from the formulated definition of the concept of legal policy in the sphere of legal responsibility, and also the scientific experience accumulated in the considered relation, the author has suggested to include the system and structural method allowing to create structure of the concept in structure of an optimal variant of methods of creation of this concept; the adaptation method providing filling of structural elements of the concept with contents by means of a compression and transformation of the scientific text; the modeling method assuming creation of abstractions, conclusions on analogies, designing of scientific hypotheses; and the design method which is carried out by means of divergence, transformation and convergence and their methods.

The degree of elaboration of the constitutional responsibility of senior officials is one of the most fateful for the state political and legal matters. In constitutional law, there is reason to highlight both positive and negative varieties of responsibility. For scientists and citizens a negative view of a more familiar and understandable in the context of discussions about the concept of “responsibility”. The positive version of the constitutional-legal liability still raises questions by its very “right to life”, the relevance of the existence of the “responsible” category, i. e. still requires definition in the interpretation of their understanding. The author argues that the Foundation of this type of liability has two points of support: the morality and responsibility of the authorities to society. However, it is difficult to “pack” in the rule of law such a thing as morality. As the Central problem is the liberation of assessing the behavior of the entity from political discretion, which can be quite biased in nature. Proposals that would not only assess the subject and society the starting point for the emergence of positive constitutional legal responsibility of the Supreme bodies of Executive power, and its justification. Based advised to take a second fundamental benchmark of positive responsibility – the constitutional-legal responsibility of state authorities to society. In presented article form to put it socio-economic character of constitutional and legal responsibility, and its introduction would require the active activities of the designated entities, which must be aimed at achieving positive social and economic outcomes in their work.