In article the author proves that in post-war time of restriction in a scope of the matrimonial legislation were defined not only decisions of judges and legislators of states, but also have been caused by the legal culture developing in the country decades. • An object of research — the legislation, regulating the legal status of the Afro-Americans within a family law which has developed as a result of Civil war in the USA. • A research objective — to define the main vectors, tendencies of development of the family law governing the matrimonial relations of the Afro-Americans after Civil war (1861-1865) • The method or methodology of carrying out work were made: a general method of knowledge — materialistic dialectics; general scientific methods — deduction and induction, the analysis and synthesis, historical and logical; chastnonauchny methods — logiko-formal. • Results of work can be useful to the theory of the state and the right of foreign countries; • Scope of results: application in educational literature and on studies on history of foreign countries; • Conclusions: in the field of a family law after Civil war the matrimonial relations were considered within racial prejudices that, undoubtedly interfered with implementation of cardinal legal transformations to the post-war period.

The problem of studying of approaches to understanding of law, which is the object of many scientific studies, it is highly multidimensional because of the lack of a common position of representatives of the scientific schools and directions on this issue. Modern Russia, embodying the economic and legal period of formation capital-business relations, in his legal field more intensively introduces a purely civil institutions and categories that should be analyzed to understand not only through the prism of the novel of domestic law, but through the prism of the types of legal. This research work is aimed at the attempt of applying the knowledge about private law and positivism and their further synthesis. The object of the scientific interest of this article is that private law in General and its place in the structure of positive law, as well as the influence of positivism on the development of private law relations in modern Russia, which with the transition to a capitalist course of development of economic-legal space needs in a comprehensive analysis of the phenomena.

The article raises the problematic issues associated with the use of foreign standards in the preparation of national scientific and pedagogical staff. It noted a discrepancy of certain foreign educational models traditions and possibilities of the Russian education system. Indicating an invalid mechanical transfer of foreign experience in this sphere on the Russian soil.

The article is devoted to topical issues of of legal maintenance of the biological security of the Russian Federation in the context of the increased use of genetically modified organisms in the world of food production.The authors note that even the existing total ban on production and use of genetically modified organisms in domestic agriculture cannot guarantee the absolute security of the Russian food market in connection with the possibility of getting it GM products from other countries with which Russia maintains trade within the WTO . Indicate the objective reasons for the development of transgenic technology and to enhance the production of GMOs in the world.It is concluded that necessity of choice by our country a promising model of legal regulation of GMOs turnover in the light of a possible of the sanctions regime change.

The article presents a comparative analysis of the order of forming the Constitutional Courts according to the Hungarian and Russian law, including requirements for the constitutional judges, terms of office, age limit for the judges, number of the Court members.

In article held political and legal analysis of the concept and content of the constitutional mechanism of regulation. The author on the basis of an analysis of the various points of view explores the features of the mechanism of the constitutional regulation on separate historical stage of development of the State.

The article is devoted to clarification of the concept and the place of corporate relations in the system of civil relations, as well as the allocation of corporate relations and their organizational forms. The author tries to give its own definition of corporate relations (relationships) to identify their essential features.

The article explains the civil-law nature of corporate relations. Describe their structure and content as the relations connected with the management of any legal entities (and not just corporate organizations), including participation in legal entities the corporate type (relations of participation or membership in a legal entity). On the basis of this study the author identifies the essential features of these legal phenomena.

The article explores the refusal of a banking license as a measure of influence of Central Bank of Russian Federation on credit organizations. Using comparative legal method, the author gave a description of the conformity of the legislation of the Russian Federation and Core principles for effective banking supervision, namely, the implementation of principle 5. The article is interesting for lawyers practicing in a banking area, for specialists working in credit organizations, and also for scientists exploring the powers of Central Bank, banking supervision and measures of influence on credit organizations. The main conclusion of this article is the refusal to issue a banking license is a measure of influence of the Bank of Russia to credit institutions, whose main purpose is to maintain the stability of the banking system by refusing admission to it unstable credit institutions, the author notes the need to make additional changes to the legislation to improve the grounds for refusal of a banking license.

The permanent establishment concept plays a very important role in the international tax law. In spite of the fact that the concept of an agency permanent establishment exists for a long time, this concept is still insufficiently studied in Russian tax law. Nowadays Russia is participating actively in international organisations» cooperation (particularly OECD) against tax evasion. One of OECD proposals in this sphere is modification of the agency permanent establishment concept. In this regard, we think it»s necessary to define whether it is possible to implement such changes to Russian tax law. For this purpose, the author of the article analyses the provisions of Russian tax legislation, double tax treaties and court practice about agency permanent establishment as well.

this article considers the issues of legal regulation of agricultural lands. The analysis of the legislation which regulates the circulation and use of agricultural land. The content of this article allows you to explore further and identify the existing problems in this sphere of regulation. The article also provides recommendations for improving the existing legislation in order to ensure the proper use of agricultural land for the purpose.

The author carries out a comparative analysis of the criminal legislation governing the particular criminal prosecution convicted for HIV infection while serving their sentences, as well as its practical application. The problem of HIV infection is most acute in prisons. Therefore, the risk of virus convicts and staff are much higher than in the general population. The dense concentration of people, isolation, sharing of HIV-infected convicts with other convicts are factors contributing to the commission of deliberate HIV infection. The author came to the conclusion about the need to make additions to the criminal legislation, particularly governing criminal prosecution convicted for intentional HIV infection.

During the investigation of illegal migration in the article we discuss the rules of international law, confirming the variety of criminal-legal means to counter the phenomenon under consideration.

The author of the article explores the novel, establishing liability for fraud in the business activity. The analysis of the structure of Article 159 of the Criminal Code, it emphasizes the discrepancy to the rules of legislative technique and the logic underlying the criminal law. In addition to the technical and legal issue the author raises a number of practical problems that are sure to show up in the application of the new criminal law dealing with this type of fraud. In particular, the author proves the problem of competition offenses provided for in paragraphs 1 — 4 of article 159 of the Criminal Code, as well as parts of 5 — 7 of Article 159 of the Criminal Code; examines the problem of the presence or absence of continued single offense if the person several times to commit fraud in the field of business activity and the acts in question were covered by a single intent of the perpetrator; taking into account the specifics of fraud in business, the author evaluates this qualifying sign as «causing significant harm», thus offering a concrete way to overcome the problem voiced. This article contains examples of judicial practice In conclusion, the author makes a conclusion about the advantages and disadvantages of the reform of article 159 of the Criminal Code.

The idea of the publications devoted to the problems of effective implementation of justice. The author explores the forms of criminal responsibility and their types.

In the present publication addresses the legislative direction of improving the implementation of certain types of forms of criminal responsibility. The article deals with the most pressing problems of the efficiency of the criminal liability of its forms and types, including related to the genesis of the national traditions of criminal law, the peculiarities of their destination, the execution and clearing of them.

The article is devoted to the study of the illegal formation of legal entity objective side. The author reveals the signs of external manifestations of the act stipulated by article 173.1 of Russian Penal Code, defines the end of the crime, delineates the stage of its Commission. The detailed analysis of normative legal acts governing the establishment and reorganization of legal persons, and also changes in the Unified State Register of Legal Entities.

In article the topical issues connected using Art. 159.5 of the Criminal Code of the Russian Federation are considered. In work the attention is paid to problems of qualification of the crime, responsibility and types of penalties for fraud in the insurance industry. The Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007 N 51 «About court practice on cases of a fraud, assignment and waste» is in detail analyzed. Examples from court practice are given. Statistical data are provided. Also to be put a question of advantage of liberal criminal policy for crimes in the sphere of economy. Conclusions and offers on the considered subject are made.

The article stated disadvantages organization of data support the activities of the Interior: bringing to the citizens information on the results and effectiveness of the protection of public order and combating crime, the formation of public justice, the maintenance of a positive image of the police. On the basis of identified shortcomings are proposed recommendations for improving this work. The article may be of interest to the development of issues related to optimizing outreach policing, increasing public confidence in the police. The material can also be used in making the organizational, managerial decisions within the institutional regulation in the Russian Interior Ministry.

The article considers a problem of a definition and role of a custom in legal system of Russia. The distinctive treats of a custom and its place in the life of Russian state. The author analyses the concept «custom», «legal custom», «common law» and he considers their correlation.

the article is devoted to the analysis of technical errors in the proto-stakes court hearing, permitted by court employees and affect the quality of justice. Also examines the causes of penetration-who of these errors and possible ways of their prevention.

This article discusses the socio-legal value to international standards for the protection of human rights and freedoms in criminal cases. Methodological basis of were-universal dialectic-materialistic cognition method of objective reality. Used scientific methods of analysis and synthesis, induction and deduction. Disclosed questions of interaction and cross-fertilization between international legal system, «birth» of the Russian Code of criminal procedure. Socio-legal causation is established international standards, the role and importance of the European Court of human rights. Analyzed and disclosed the naming issues of article 6 of the CODE of CRIMINAL PROCEDURE-appointment of criminal proceedings and its content. Considered opinion of Professor Herbert Parker on models of criminal justice policies, dealt with issues of preventive component of law enforcement, in particular h. 2 ст. 158 of the CODE of CRIMINAL PROCEDURE. The studied aspects can be used in further research associated with the development of the analyzed problem.

The article considers some aspects of procedural form of modern criminal proceedings. The methodological basis were — a universal dialectical materialist method of cognition of objective reality. We used scientific methods — analysis and synthesis, induction and deduc-tion. Disclosed concept, content, sequence of procedural form. Affecting the question of summary proceedings — mediation; order for secrecy in a stage of excitation of criminal case and preliminary investigation, in connection with which the proposed new wording of Article 310 of the Criminal Code and 161 of the Code of Criminal Procedure; domination accusatory. Analyzed and disclosed some aspects of the reasonableness of the terms of the criminal proceedings; the idea of the emergence and formation of the legal category of «electronic procedural form.» Cites the opinion of the great scientists VK Slichevski E. Faust. Studied aspects can be used in further investigations related to the development of the analyzed problems.

Article represents the complex analysis of the actual problems arising in criminal trial during production of both the state, and not state judicial and expert activity. The author offered the reasoned changes in the legislation of Russia existing procedurally, including with the offer on modification of the Federal Law draft No. 306504-6 «About judicial and expert activity in the Russian Federation». • An object of research — set of the domestic standards of the criminal procedure legislation regulating production of judicial and expert activity in criminal procedure of Russia. • The research objective consists in the analysis of a current state of the criminal procedure legislation regulating production judicial экспернтой in criminal procedure of Russia, and also in development on this basis of offers and recommendations about use and improvement of this institute. • the method or methodology of carrying out work were made: a general method of knowledge — materialistic dialectics; general scientific methods — deduction and induction, the analysis and synthesis. • results of work can be useful to the theory of criminal procedure and law-enforcement practice; • range of application of results: a legal regulation of appointment and production of judicial and expert activity in the existing procedural legislation of Russia; • conclusions: the current state of the legislation regulating judicial and expert activity in Russia demands enough serious changes; the developed Federal Law draft No. 306504-6 «About judicial and expert activity in the Russian Federation» in the offered option is not capable to solve the existing problems in legal aspect of judicial and expert activity.

The article is devoted to the problems and conflicts of the legal regulation of the abbreviated form of inquiry. The author proposes a number of changes to the criminal procedure code of the Russian Federation, thereby enhancing the optimality of the practical implementation of this form of inquiry.

The article discusses the relation between the procedural safeguards for persons acquitted on the verdict of the court, or against whom a criminal case is dismissed by the court, and persons in respect of whom an order for the termination of criminal prosecution at the stage of preliminary investigation. The aim of the article is to demonstrate the existing imbalance of the legal status of citizens, against whom criminal prosecution is discontinued at the stage of pretrial proceedings with other citizens in respect of which the decision taken by the court of innocence. Despite the fact that the legal effects of acquittal and the termination of criminal prosecution in the pre-trial stage is equally means the recognition by the state of legal errors in part to attract a person to criminal responsibility, in the latter case, concludes the author, citizens continue to be under threat of criminal prosecution, which is a violation of their constitutional rights and freedoms. The study used a general scientific dialectical method of knowledge and special techniques: a comparative legal, formal and legal, logic, analysis, synthesis, induction, deduction, analogy. The results can be used to further improve the criminal procedural law, in particular, Article 39 of the Code.

The article is devoted to the generalized comparative legal analysis of some of the main problems of recognition of evidence inadmissible in a criminal procedure of Russian Federation. The author concludes about significant differences in doctrinal, legal and law enforcement approaches to solving these problems in Russia, the system of common law and civil law systems.

The article studies inner conviction as a multi-level concept, used in criminal proceedings as a criterion for free evaluation of evidence. The author of the article examines judge»s convictions from the judicial and philosophical points of view, underlining spiritual and sense experience. This experience can be formed by native Russian spiritual and moral values. The article also studies the category of conscience, by which spiritual experience is shown.

• Objective: to study, generalization and analysis of problems of the theory and practice of issues of a person»s detention suspected of committing a crime under the criminal case. • Model: the study is based primarily on General scientific methods of cognition of objective reality, when it is executed along with the dialectical method was used and private research methods: sociological, logical, systemic-structural, comparative legal, statistical, analytical and other methods • Conclusions: in order to address the research problem it is necessary to improve the criminal procedure legislation concerning detention of a suspect • Scope of the study: the formation of legislative initiatives and conducting research • Practical value: the proposed improvement of criminal procedure legislation concerning detention of persons suspected of committing crimes under the criminal case will lead to the improvement of the procedure of detention of the specified persons to criminal proceedings and to facilitate the quality and timely implementation of practical problems faced by law enforcement for search of the disappeared persons • Social implications: the proposed changes can serve as a guarantee of the rights and freedoms of participants in criminal proceedings, the rule of law procedural activities • Originality: the proposal to expand the list of grounds for instituting criminal proceedings relating to the inclusion of the detention of the suspect in the above list.

In a democratic state, Kojima is the Russian Federation, a special attention is paid to the needs of man and citizen. However, this fact is all the big questions in determining the boundaries of the rights, freedoms and duties of citizens of Russia. In recent years, there have been changes in the political, social and economic life of the state, which required appropriate reforms of criminal procedure legislation, its reorientation in order to protect the legitimate rights and interests of persons involved in criminal proceedings. Despite the fact that the head of the body of inquiry as a party to the criminal proceedings is known for a long time, his legal status of the legislator was not clearly defined. The article analyzes the changes in the Criminal Procedure Act to clarify the authority of the head of the body of inquiry.

The development of social control in the Russian Federation determines the consideration of its relationship to the state control institutions. The article attempts to analyze this relationship and to make a conclusion about the importance of coordinated activities of public institutions and public policing in ensuring law and order.

The Constitution of the Russian Federation has laid a solid foundation and created the necessary conditions for the development of criminal procedural law on state protection of persons involved in criminal proceedings. At the same time, the Basic Law of our country reflected the generally accepted international standards in the field of human rights and freedoms. In contrast to the previous Code of Criminal Procedure, to proclaim among the main tasks of criminal proceedings quick and full investigation into the crimes, as well as search for and punishment of those responsible, the new Criminal Procedure Code of the Russian Federation sees the purpose of criminal proceedings in the defense of the basic values of our society, which is primarily includes human and civil rights. The article analyzes the features of the application of security measures in relation to the witness as a party to the criminal proceedings.

Provision of financial resources of municipal budgets in the current conditions is largely determined by means redistributed within the budget system through a variety of inter-budgetary relations with participation of municipalities. However, the legal regulation of inter-budgetary relations with participation of municipalities is inherent in a number of shortcomings: the fragmentation of the current legal framework in this field, local governments do not have sufficient powers in the area of revenue generation local budgets, budget spending does not correspond to the payment of taxes, there are no financial resources provided by the state powers delegated to municipalities and others. The existing problems are caused by the modern model of fiscal federalism, which often leads to an increase in the differences in the socio-ekonomic position of subjects of the Russian Federation and municipal entities , imbalance in the budget system, the growth of the number of subsidized territories. The main powers of municipalities are to establish the order of preparation and review of the local budget of the project, approval and execution of local budgets, oversee its execution, determination of the order and the provision of intergovernmental transfers from local budgets, the establishment and execution of expenditure obligations of the municipality.

The article is devoted to the study of forensic problems of providing compensation of damage caused by crimes in the area of procurement for ensuring needs of the penal system. There are three ways of compensation of damage caused to the penal system. The authors propose the mechanism of actions aimed at both establishing the location of the stolen money and proving the unlawful enrichment of close relatives of the suspect (the accused) or former spouses.