2018 Issue №2

The problem if interaction between the international financial law (IFL) and the EU law has become particularly vital in this integrational entity where a special legal system was created. It has been developing until now and carries the features of the both international and municipal law. Global financial crisis and subsequent sovereign debt crisis have substantially changed global financial architecture and led to a comprehensive reform of the financial branch in the EU. The author implementing systematic analysis and formal legal method as well as functional and structural analysis reviews different types of interaction between IFL and the EU legal order. Although international agreements form an integral part of the EU legal order, the rules of their interpretation differ from the primary and secondary EU legislation. The reverse influence of the EU law is carried out by EU institutions and Member States by participating in inter-governmental organizations and other international bodies which work out and review national implementation of International Financial Standards.

The article describes the subjects of legal monitoring in the sphere of Justice of the Peace. The author formulates the definition of the "subject of legal monitoring of the justice of the peace" concept. Based on the analysis of the existing ideas about subjects of legal monitoring and practical experience of monitoring of justice of the peace, the classifications of subjects of legal monitoring of the of justice of the peace are proposed depending on the number of participants and on the availability of state power. The proposed classifications are shown in their interrelation. The author concludes that it is necessary to distinguish between subjects and participants in the legal monitoring of Justice of the Peace.

The article focuses on the analysis of information of the Russian and Western travelers to Central Asia in the 18th — beginning of the 20th centuries on state and law of that region. The goal is a substantiation of the travelers’ notes value as historical evidence of state and law of the Central Asia which allows to study actual relations in administration and legal regulation. The author applies some basic research methods: historical legal, formal legal and comparative legal approaches, content analysis, biographical method; the effectiveness of study of this type of sources is provided by using interdisciplinary approach. The author finds that travelers’ notes to be sources of considerable value which substantially widens our knowledge about the state and law of Central Asia. At the same time travelers’ notes presume the personalities of authors, their national and professional affiliation therefore their information must be verified by comparing with other sources.

The article deals with controversial issues of positive responsibility. The analysis enables the author to conclude that the category under investigation is a feature (property) of the subject of law, represents the exercise of subjective rights by his will and in his interest in accordance with legal norms, criteria for the lawfulness of the implementation of actions, restrictions. Manifestations of positive legal responsibility should be sought not in specific legal norms, but in the legislatively established valuation categories. Evaluation categories act as a measure of discretion in the exercise of subjective rights, when the dispute is resolved by the law enforcer.