2009 Issue №9

The article defines and compares four groups of factors influencing the construction and development of the united legal classifier in the Republic of Belarus and the classifier of legal acts in the Russian Federation: legal systems and all its structures, legislative system and all its structures, the system of public administration; electronic system of legal information collecting, processing, storage, systematisation and dissemination. The author offers to methods to improve the inner structure of the legal classifiers of the Republic of Belarus and the Russian Federation: (a) possible changes in the organisation of regulatory material alongside with the conservation of today’s approaches to comprising legal classifiers by means of current legal sources; (b) improvement of legal classifiers by new content, new forms of law’s being and new sources of law in force.

The «empire» category is determined in legal science by historical and political characteristics and based on multi-structural public traditions. Imperial administration strengthens the asymmetrical status of ethnic groups and regions in their relation to the centre. Their integration dynamics is preconditioned, first and foremost, by geopolitical and geo-economic factors. The author provides his own vision of the characteristics of imperial statehood.

The article considers the state and law institutions analogous to the Justice of Peace in Russia in the XVIII — first half of XIX cent., as well as the ideas on magistrate court establishment in the political and legal works of that time.

The article analyses the concept of legal provision, its scientific typology, classification and correlation with legislative practice.

The article deals with the questions of the current legislative budget process of local autonomies in the Russian Federation and Italy. The current
budget process of an Italian autonomy is characterized by the growing role of municipal taxes and overall decline in public transfers. In the Russian Federation, municipal budgets depend crucially on the mechanism of federal and municipal tax redistribution at this stage of municipal reform. The author comes to the conclusion that legal innovations in the field of the tax base of local autonomies in Russia follow the pattern of the Italian local autonomy reform.

The article analyses the acute problems of the observance of rights to personal liberty and immunity, provided by the Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms in the light of the decisions of the European Court of Human Rights in respect of the Russian Federation.

The article considers some questions of civil and criminal executive legislation in terms of enforced collection of the debtor’s property rights, their subsequent realisation, and possibility of using some types of property right as objects of claim.

The article analyses some legal regulation problems concerning the disposition of property, assigned to them, by state and municipal unitary enterprises, including the current tendency towards the limitation of unitary enterprises’ authority in this field, which is reflected in the Law on Competition Protection.

The article considers civil problems of payment by bank cards and analyses the existing legal base. The author suggests methods of improving the legislation regulating payments by bank cards.

The article analyses the controversial provisions of the Law on Special Economic Zone in the Kaliningrad region and requirements to the residents of the Special Economic Zone. The author points out some problems of the practical application of special entrepreneurship regime faced by the residents.

The article considers the peculiar problems of criminological characteristics of justifiable defence and excessive defence situations. The author analyses and compares objective criminological characteristics of the situations of justifiable and excessive defence. The article is based on the legislation of the Russian Federation and empirical research conducted by the author.

The article examines the errors and their prevention by the formation of the interrogatee’s situational attitude in the process of communicative interaction with the investigator in the course of an interrogation.

Constitutional complaint is an efficient instrument of constitutional right protection in Russia. The judicial body dealing with such complaints is
the Constitutional Court of the Russian Federation. However, certain problems arise due to the legislative regulation of constitutional complaints in the Constitutional Courts practice.

The article considers the problems connected with the unified understanding of the entity of administrative acts and their comprehensive and accurate definition, as well as the determination of their features reflecting the peculiar traits of administrative acts and distinguishing them from other acts.

Under the current conditions, the activity of operative officers connected with the initiation of a criminal case faces the imperfection of current legislation. The article offers some amendments to the Federal laws allowing a more comprehensive and objective corruption-related crime detection, in particular, bribery taking.