2015 Issue №9

This article examines the interaction between the principle of honesty and the other principles of the civil law of the Russian Federation. Honesty is manifested in various institutions of law; it interacts with each principle and basic element thus limiting each freedom. It is stressed that honestly — despite having the potential of broad practical application — has not been sufficiently developed in either theory or jurisprudence. The formation of honesty-driven behaviour in the participants in civil legal relationships is part of the trend towards the development of law and society

This article analyses the features of judicial discretion in the continental law system. The author conducts a comparative analysis of the discretionary powers of judges in Northern, Western, and Southern Europe and describes the specifics of judicial discretion in the continental legal system

This article analyses approaches to developing the concept of the ‘subject of law’. The author considers different perspectives on identifying similarities and differences between the categories of the ‘subject of law’, ‘subject of a legal relationship’, and ‘personal with legal personality’. It is concluded that the category of ‘subject of law’ should be developed in the context of interdisciplinary studies.

This article stresses that the reconciliation of the parties in criminal proceedings with the participation of a mediator is an important mechanism of the institution of restorative justice. The author considers the forensic aspects of using mediation procedures, classifies subjects of mediation, and describes the role of the situational approach. Special attention is paid to the tactical aspects of these procedures and the classifications of mediation situations.