УДК 341.1+342.2

Subject. The article substantiates the need for a special system of legislation for any project of international integration. Only such system, being integral, may, firstly, become the basis for the formation of an integrative law of this integration project, and secondly, have a supranational constitutionality, giving the ability to individual enforcement.
Purpose. The purpose of this paper is the design of the constitutional-legal mechanisms of international integration in the scope of an integrative understanding of law and law enforcement.
Methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and comparative law.
Results, scope of application. The author points out that the formation of a single legal space in the Eurasian Economic Union (EEU), as well as in Customs Union and the Eurasian Economic Community before, is a development of constitutional law of supranational level, not of international law. The integration of law and integrality of the legislation are prerequisite for the success of the interstate Eurasian integration.

Integration of law means the completeness of its internal structure, implies the indissoluble inner coherence of the law, its wholeness, unity. Coherent legal norms, embodied in legislation, can only create the phenomenon of law. The law should be understood as a metasystem, supersystem, it accumulates all socially significant systems and integrates the values of the law itself, its principles, values, other social regulators and regulated spheres of social relations. Attempts to apply the concept of "integration", but to abandon the notion of "integrality" are unreasonable, this terminological dichotomy is just a word game.
If we talk about law, it is more appropriate to talk about it’s iintegrity, but if we talk about legislation, emerging to accelerate and deepen integration processes, it is more appropriate to talk about integrality.
The author critically analyzes the features of an integrative understanding of law that are highlighted in the legal literature.
The results of the study can be applied in the design of the constitutional-legal mechanisms of interstate Eurasian integration in the framework of the legal modernization of the modern Russian state.
Conclusions. The author comes to the conclusion that the use of integral norms of the legislation makes the law alive and develop the integration models. Instability of legal regulation is a serious challenge to the integrity of Russian law. Emerging legislation of the Union State of Russia and Belarus and the Eurasian Economic Union are integral, but the law of these political and legal entities is not integrative today, it does not exist simply. As a consequence, law enforcement in the States participating in the interstate integration is carried out only through the implementation of national legislation.

УДК 340

Subject. The peculiarities of the legal mentality and succession of law, their correlation and communication.
The purpose of the article is to identify the relationship of the legal mentality and development of the law.
Methodology. The research is based on the method of legal analysis, formal-legal method.
Results, scope of application. The legal mentality and continuity in the law are linked and have common features. They are based on national law, are a reflection of him.
Continuity in the law is objectively existing relationship between the various stages of its development, aimed at ensuring the continuity of national rights, preserving the past in the present.
The basis of the legal mentality and continuity in the development of the law are objective factors. These phenomena are associated with the past, with the history of their own, caused by it. The development of law and legal awareness is provided not only in the change process, but in the process of preservation. The legal mentality and continuity in the development of the law are genetic in nature. Communication legal mentality with continuity in the development of the law can clearly be seen in its functions: maintain the continuity of the existence of a particular community (homeostasis function), communication, preservation (protection), stabilization and preservation of justice, regulatory.
Conclusions. There is an interaction between the legal mentality and continuity in the development of the law. Mentality as a historically formed and stable matrix typification of behavior and thinking through the lawmaking process predetermines the preservation and use of the original legal material is proven to be effective. The stability of the legal positions, legal thinking, passed down from generation to generation are the basis of the continuity law. Stability of legal views, legal thinking, transferred from generation to generation are the basis succession of law.

УДК 340.158

The subject. Features of the organization of justice and the quality of procedural law enforcement in the USSR in the 1930s.
The purpose. The determination of historical patterns of judicial enforcement in the USSR in the 1930s and the identification of the causes of the ineffectiveness of the proceedings in this period.
Methodology. The author uses historical legal method, formal legal interpretation of statutes, the method of analysis of judicial statistics.
Results, scope of application. After the criminal law campaigns of the early 1930s the judg-ment in the Soviet Union was in a disturbed condition. The Soviet civil process was almost absolutely eliminated. Tens thousands materials of court cases were lost throughout the Union every year. The courts were extremely busy.
The courts used accusatory approach. The petitions of the accused were almost never solved. Prisoners were not handed copies of the indictments.
During the terror of the old evils of the judicial system worsened, the destruction of the judicial process began. The timeframe for completing cases increased. Almost half of criminal cases in case of complaint (appeal) has been revised by the higher courts. The courts again applied the simplified procedure.
At the end of the 1930s the procedural regulation of the judicial work was the duty of People's Commissariat of Justice of the USSR and of the Supreme Court of the USSR. USSR Supreme Court continued to take decisions in litigation in the plenums. The Boards of Su-preme Court examines cases influencing law of practice.
The quality of judgment by the Supreme Courts of the Republics of Soviet Union in the late 1930s did not change significantly in comparison with the previous period. This was due to constant staff turnover and low level of qualification of judges. The Supreme Courts of the Republics had no Plenum, so they could influence law of practice by the rulings of of the Boards. These rulings were extremely ignorant in many republics. The low quality of staff in the regional courts led to numerous errors.

The role of statistics in assessing the quality of the judiciary increased.
One of the reasons for the ineffectiveness of the proceedings can be considered as bad organization of work of the courts. So, due to the negligence of secretaries, in some regions up to 50 % of the cases appointed for consideration were sabotaged. Low qualification of judges often led to comical or controversial resolution of cases.
Conclusions. Timid attempts of the Supreme bodies of justice to rehabilitate civil and criminal proceedings in the mid 1930s were frustrated during the campaign of the Great Terror in 1936-1938 years. The cycle of rule of law (1933-1936) was replaced by a new cycle of lawlessness. Since 1938 the authorities began to make efforts to restore normal proceedings.
The authors distinguish the following main reasons of inefficient work of judicial bodies of the USSR in 1930s: the low qualification of the judges, the dependence of courts on local and Central government, the inability to normally perform some judicial acts, not satisfactory logistical support of court activities, the noisy and senseless political campaigns, unleashed by Stalin.

УДК 340

The subject. The subject of analysis in the article is the organization of the city police of the Russian Empire under the Charter of the Deanery 1782. Special attention is given to the structure and legal issues of the activities of local government and its interaction with the local administrative authorities.
The purpose. The growing interest in the history of local government connects not only with the aspiration of historians to look more deeply into the past but also with practical needs. Researching of the forgotten traditions of public administration allows to take greater account of historical experience that has been accumulated over the centuries as well as use it in legislation and law enforcement. We also need to take a look at already known facts and events in the light of today's realities.
Methodology. Theoretical and methodological basis of the research are such principles of historical knowledge as objectivity, historicism, determinism, alternativeness and social ap-proach which are assuming an unbiased approach to the analysis of the researched problems, as well as a critical attitude to sources.
Results, scope of application. The article describes the process of codification in the administrative legislation of the Russian Empire and also organization of local governance in the Russian Empire according with Charter of the Deanery. The basic aspects police activities are also characterized. This approach may overcome the old myths and misconceptions in the sphere of police organization and also prevent the birth of new ones.
Conclusions. This act created the system of local police management which was centralized by establishing of the police bodies with number of state employees, specified in the law. Such institutes became both representatives of the sovereign power in the provinces and guides of its policies until reforms of the 60s and 70s of the 19 century.

УДК 340.15

The subject of research are the courts of England in 16-17 centuries.
The purpose of article is to answer the question which courts must be included to a number of "courts of equity".
Methodology. Historical analysis of the scientific literature, of the English legislation and judicial practice of the 16-17 centuries.
Results. The priority for the Court of Star Chamber was to protect the interests of Royal power and not the rights of people. Moreover, this court did not seek to bridge the gaps of common law. In this regard, his reference to the number of “courts of equity” is incorrect.
Star Chamber had a close relationship with the Privy Council. There were no clear boundaries between them during the XVI century. The Star Chamber was the emergency Committee of the Privy Council
The purpose of the Court of Requests was to ease social tensions, to create the impression of caring filed emanating from the monarch and the nobility.
Despite the fact that the Court of the Requests was conceived as "a court for poor people", it became popular wealthy people under the rule Henry VIII.
The Court of High Commission was a court focused on the strengthening of Royal power. In its activities it has been focused on improving the rights of the Kingdom.
The Court of Exchequer provided judicial protection for some types of transactions that are not recognized by the common law. In this it is similar to the Chancery Court. Initially, the Court of the Exchequer has been focused on protecting the interests of the crown. Therefore, the function to eliminate the gaps of the common law could not be implemented in full.
The Chancery Court, unlike the special courts were required to consider complaints coming from citizens about the inability to get a fair trial.
Conclusions. The criteria for judicial institutions to be considered as “courts of equity” are: the purpose of the establishment of the court was to fill gaps in the common law; interference with the jurisdiction of other courts, in fact, has been focused on the eradication the deficiencies of the common law; the court of equity was not supposed to apply a legal fiction in their practice; specialization in civil cases. The number of “courts of equity” may be assigned only by the Chancery Court.

УДК 242.9

The subject. In the article the problems of creation and development of advanced development areas and free ports are analyzed. Territories with a special regime for the conduct of business are a phenomenon long known to the world. Classic examples: the island of Delos (Greece) was declared a free trade zone, where merchants were exempt from taxes, duties and certain administrative duties. In Russia, the modern history of territories with a special regime for the implementation of entrepreneurial activity begins in the 1990s, when the first free economic zones were created: Vyborg, Dauria, Kuzbass, Nakhodka, Sadko, Sakhalin, Technopolis
Zelenograd, Yantar, free trade zones or free customs zones Sheremetyevo, Moscow Franco-Port, Franco-Port Terminal. It is necessary to use the positive experience of foreign countries in this field.
The purpose of this paper is to describe the problems of managing the territories of advanced development and free ports and to offer the government of the Russian Federation effective ways of solving these.
Methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.
Results, scope. The author criticizes the Russian system of administration of the territories of advanced development and free ports of Vladivostok. The author points out that since each territory of advanced development and free ports of Vladivostok territory operate simultaneously on the territory of several municipalities, it is obvious that the highest exeutive authority of the subject of the Russian Federation, specifically the highest official of the subject of the Russian Federation in whose territory the сorresponding territory of advanced development. The author also proposes to extend the legal regime of the territories of advanced development and free ports to entities located in the territory of Western and Eastern Siberia. Effective organizational interaction between state and municipal authorities, the Management Company, the Supervisory and Public Councils with entrepreneurs and investors can only be ensured through the use of such a function of the authorities as coordination.

Together, these measures will minimize the existing gap in the standard of living of the population and imbalance in the economic development of regions throughout Russia, and ultimately entail the accelerated economic development of the Russian Federation as a whole.
The results of the study can be applied in the design of the legal regulation of creation and development of territories of advanced development and free ports.
Conclusions. The author comes to the conclusion that the highest executive authority of the subject of the Russian Federation, specifically the highest official of the subject of the Russian Federation (the governor) should become the coordinating center of administration of territory of advanced development and free ports of Vladivostok. This approach will improve the business and investment climate in all (and not in the selected) constituent entities of the Russian Federation, create prerequisites for the development of their economic potential, will allow the subjects of the Russian Federation to make the most of their competitive advantages.

УДК 342.5+347.73

The subject. Article deals with problem of the participation of the municipalities in tax administration in the Republic of Lithuania.
The purpose of the article is clarify how municipalities may participate in tax administration in the Republic of Lithuania
The methodology of the research includes the analysis of Constitution and legislation of Republic of Lithuania, system analysis, logical-analytical method.
Results, scope of it’s application. The existence of a unified state tax system, does not mean that the administrative-territorial unit (municipality) do not possess certain powers upon the introduction of taxes and (or) in the regulation of their collection. So, municipalities obtain part of the revenue by taxes, which rates are established by the councils of municipalities, not exceeding statutory dimensions, etc. Participation of municipalities in tax administration bases on the provisions of the Constitution on the law of the administrative territorial units to self-government and to have their own budget.
Elements of centralization and decentralization, based on the recognition of the single state tax system, are combined in Lithuania in the determination of tax competence.
The tax legislation of the Republic of Lithuania almost does not provide for local governments to participate in the tax collection process or in monitoring their collection.
Tax laws provide the right to local authorities to refine (adjust) the individual elements of taxes, although the establishment of these elements remain the exclusive right of bodies of the state (central) authorities. Besides, local authorities have the right to establishment and the provision of common and individual tax benefits, the right to use the incomes received in the form of taxes, etc.
Conclusions. Local authorities are involved in the process of tax regulation and possess a certain autonomy in this area – the Council of the municipality has the right to adjust tax rates and provide tax incentives at the expense of its budget. In exercising such rights, local self-government bodies detail the provisions of the tax laws. However, we should take into account the fact that the local authorities operate strictly in accordance with the requirements of the tax laws.

УДК 342

This article is dedicated to one of the problematic issues of Russian federalism – the definition of the competence of subjects of the Russian Federation in the social sphere related to the protection of the family.
Results. It examines in detail the legislative powers of the regions on the subjects of joint conducting with the Russian Federation providing the state guarantee protection and family support. The author addresses to the analysis of the provisions of the Constitution of the Russian Federation, charters and constitutions of subjects of Federation, the current Federal and regional laws, decisions of the constitutional (Charter) courts of constituent entities of the Russian Federation, devoted to family relations. Attention is drawn to the variety of regional sources, including the codified legislative acts.
Special attention is paid to the analysis of additional safeguards for the support of family, motherhood, fatherhood and childhood, established by the Federation.
Among the measures of social support of families with children are allocated 1) a single, monthly and annual cash payments; 2) provide in-kind assistance; 3) provision of benefits; 4) organization of social services. Analyzed regional laws establishing benefits for newborn children measures of social support of large families and young families, specific support to traveller families, as well as laws about the rights of children, safeguards the rights of children-orphans and children left without parental care, about public tutors of minors, commissioners for the rights of the child.
Conclusion. Geographic, geopolitical, economic, political, ethnic and other peculiarities of the Russian regions attract particular creation and activities of their government, including lawmaking. The necessity of preserving the rights of subjects of the Russian Federation on advancing the legal regulation in subjects of joint conducting.
Criticized Federal legislation, annually changing the list of powers of authorities of subjects of the Russian Federation including those provided by protection and family support. The main problem of realization of the competence of subjects of the Russian Federation in the field of protection of the family the author is seen in the shortcomings of their legal definition, in securing for the subjects of authority without adequate financial support.

УДК 347.9

Subject. The issues of taxation of residents and non-residents under Russian tax law are considered in the article. The problems of realization of non-discrimination principle under Russian tax law are brought into light. The important role of judicial practice in development of mechanisms of taxation of non-residents is brought into light.
Aim. The aim of this paper is the design of the legal framework of taxation of residents and nonresidents under Russian tax law in the scope of implementation of OECD mechanisms in the legal regulation of income taxation.
Methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and comparative law.
Results, scope. The personal income tax under Russian tax law is a direct federal income tax. It occupies a special place in the tax system, affects the interests of almost all citizens, is fairly simple in administration, and the share of its receipt in the budget is high.
The leading element of the legal construction of the tax considered in the article is the subject of taxation, and namely the peculiarities of the taxation regime, depending on whether the taxpayer has the status of a resident or non-resident. The main differences of the taxation of tax residents and non-residents in the Russian Federation are the following ones:
the object of taxation for tax residents of the Russian Federation is income received from sources in the Russian Federation and (or) from sources outside the Russian Federation; for non-residents it is the income they received only from sources in the Russian Federation;
the tax rate for tax residents of the Russian Federation is 13 percent; the tax rate for nonresidents is 30 percent.
When determining the tax base, all incomes of the taxpayer, received by him in cash or in kind, or the right to dispose of which he has arisen, as well as income in the form of material benefits, are taken into account. Exceptions to this rule are provided for in Article 217 of the Tax Code, which contains a list of income exempt from taxation.

Conclusions. The author comes to the conclusion that the legal regulation of the taxation of residents and non-residents is changing rapidly. Meanwhile, in the Russian legislation, the specifics of creating and terminating the status of a tax resident are not specified in detail. At the same time, several taxation regimes have been established for foreigners. This fact allows them to pay taxes at a general rate.

УДК 342.6

The subject. Competence of government bodies and their officials in the sphere of application of the tax law is considered in the article.
The purpose of research is to determine the ratio of tax enforcement and application of the tax law, as well as the relationship between the concepts “party of tax enforcement” and “participant of tax legal relations”.
Main results and scope of their application. The circle of participants of tax legal relations is broader than the circle of parties of tax law enforcement. The participants of tax legal relations are simultaneously the subjects of tax law, because they realize their tax status when enter into the tax relationships. The tax and customs authorities are the undoubted parties of the tax law enforcement.
Although the financial authorities at all levels of government are not mentioned by article 9 of the Tax Code of the Russian Federation as participants of tax relations, they are parties of tax enforcement, because they make the agreement for deferment or installment payment of regional and local taxes.
Scope of application. Clarification of participants of tax legal relations and determination of their mutual responsibility is essential to effective law enforcement.
Conclusion. It was concluded that the scope tax law enforcement is tax proceedings, not administrative proceedings, civil (arbitration) proceedings or enforcement proceedings.
The application of the tax law is carried out not only in the form of tax relations, but also in relations of other branches of law.

УДК 342.9

The subject. In the context of the ongoing administrative reform in the Russian Federation the issue of self-regulation is becoming increasingly important.
Introduction of Institute of self-regulation is intended to reduce the degree of state intervention in private spheres of professional activity, to eliminate excessive administrative barriers, reduce government expenditures on regulation and control in their respective areas of operation, which is especially important in the current economic conditions.
However, in Russian legal science is no recognized definition of "self-regulation", but a unity of views on the question of the relationship between self-regulation and state regulation of business relations.
In this regard, the author attempts to examine the concept of "self-regulation" through the prism of knowledge about public administration.
The purpose of the article is to identify the essential features and to articulate the concept of self-regulation by comparing it with other varieties of regulation.
Methodology. The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description); private and academic (interpretation, formal-legal).
Results, scope. Based on the analysis allocated in the science of administrative law approaches to the system of public administration justifies the conclusion that the notion "regulation" is specific in relation to the generic concept of "management" and is a kind of management, consisting in the drafting of rules of conduct and sanctions for non-compliance or inadequate performance.
In addition, the article highlights the problem of the genesis of self-regulation, building a system of principles of self-regulation, comparison of varieties of self-regulatory organizations among themselves.
Conclusions. The comparison of self-regulation other types of regulation (such as state regulation and co-regulation) highlighted the essential features of this phenomenon and the place of self regulation in the system of public administration. Based on the above characteristics formulated the author's definition of self-regulation. Self-regulation is proposed to understand the management activities carried out by self-regulatory organizations, and consisting in the development and establishment of standards and rules of professional activity, as well as sanctions for non-compliance or inadequate performance.

УДК 342.9

The subject of research is legal regulation and practice the enforcement of punishment on deprivation of the license permitting to drive a variety of vehicles.
The purpose of this article to show that even for such well-established for many years, narrow and specific law enforcement procedure as the execution of administrative punishment in the form of deprivation of the license there is is very typical whitespace in legal regulation leading to conflicts and risks of enforcement. Methodology. The analysis of administrative-legal actions of officials of State Traffic Safety Inspectorate and State Technical Supervision Authority, as well as legislation on the enforcement of their decisions on cases of administrative offences.
Results. It is possible to identify the main causes of the problem of law enforcement, placing them in order of importance:
1. The lack of the necessary normative legal acts, regulating the procedure of interaction of the bodies of Rostekhnadzor with the traffic police authorities, courts (judges), and the rules of procedure of the issuance of the certificate of the tractor operator-the machinist after the end of the period of deprivation, the absence of an approved format (sample) medical certificate, etc., i.e. a very significant omissions of administrative-legal regulation.
2. The failure of judges to the provisions of part 2 of article 32.5 of the administrative code of submitting to the authorities of state technical control of decisions on deprivation of the right of management by a tractor, self-propelled machine or other types of equipment for execution.
3. Insufficient level of interaction of police with the Gostekhnadzor for the execution of administrative punishment in the field of traffic.

4. The lack of access of authorities of state technical control for Federal information system, integrated into the necessary parts of the information system of internal Affairs bodies and the State information system on state and municipal payments (GIS GMP).
The fragmentation of administrative-legal regulation first of all necessitates considerable strengthening of coordination in the execution of judgments of the judges on deprivation of drivers of the right of control of the vehicle in terms of deprivation of the right of management by a tractor, self-propelled machine and other types of equipment.
In order to solve this problem the authors propose the organization of a number of organisational measures.
Developed one of possible algorithms of interaction of the organization and uniformity of actions of officials of the specified services for the execution of penalties of deprivation of rights management.
Conclusions. The question of the effectiveness of the existing norms of administrative law regulating the execution of deprivation of the driver’s license, requires additional justifica-tion.
In the long term it is required the creation of a single Federal interagency information area. Common use of it by the judges, employees of State Traffic Safety Inspectorate and State Technical Supervision Authority, court bailiff, etc.) will minimize legal risks.

УДК 347.73

The subject. The article is devoted to the study of peculiarity of legal facts in tax law and law enforcement.
The purpose. The article is aimed to identify key features of legal facts significant to law enforcement and to assess how knowledge of these features affects the law enforcement.
Methodology. The author uses analysis of scientific sources as well as formally legal method and interpretation of legal norms and judicial acts.
Results, scope of application. The author distinguishes specific features of legal facts in tax relations, which determine the specifics of their establishment. The presence of public will in the basis of the legal fact cannot be considered as it’s specific legal and tax feature, because any legal fact acquires their value only by will of the state. The author identifies the characteristics of the legal facts important for tax law enforcement: the complexity of the tax legal facts; "a fact-relationship" among the elements of the set of facts; legal facts (sets of facts) in large part are outside the regulation of the tax law; uncertainty of the entity, establishing the legal facts.
Tax obligation arises from the existence of the economic relation, as a rule, in sphere of civil turnover. Transaction as a legal fact must be viewed as a legal act in relation to civil law, but transaction will be a legal deed in relation to the tax law. The transaction in relation to tax law can be called indirect legal fact.
Transaction as a legal fact often has two aims: the aim of the first level is the entry into civil law relations to obtain material benefits, and the purpose of the second level is the entry into the tax-legal relationship for paying tax.
In addition to the complexity of the tax legal facts law enforcement practice is difficult be-cause of large number of defective legal facts in tax relations. Defects of tax legal facts, the reasons for their occurrence and consequences for tax relations are analyzed. Formally, the defective legal facts give rise to legal consequences in tax relations.
The various qualifications of tax legal facts by the taxpayer or the tax authority can be de-termined by using different evidence or by different valuation of the same evidence.
Conclusions. Attention to peculiarities of tax legal facts is a prerequisite to the effective tax law enforcement in modern conditions.

УДК 342.25

The purpose of this article is to study the legal status of a municipality as a corporation in Canadian law.
The methods of theoretical analysis, along with legal methods, including formal-legal method are used to achieve this goal.
Results. In the article the author notes the difficulties in determining the legal nature of a municipal corporation in legal research. In literature, there exists an approach to the corresponding subject as both a public corporation, differentiating from the entrepreneurial form (J. Dillon, E.A. Sukhanov), as well as the dual approach, which allows for the double, private-public character of its legal nature (I. Rogers).
As the author maintains, a municipal corporation in Canadian law can be defined as a form of a statutory corporation of a special kind, the legal personality of which, unlike one of the common law corporations, is limited by normative legal acts (statutes) of general or individual character.
Despite the existence of general theoretical framework of legal design of a municipal corporation, legislators of Canadian provinces differ in determination of its elements. Among the most common elements to be identified is the population, but in some cases the legislation also indicates the territory and local government bodies.
The form of a statutory corporation also presupposes the definition in the legislation of a clear goal (goals) for its creation. At the same time, as noted in the article, the tendency of the recent time is a departure from specifying concrete goals in favor of more general formulations.
Conclusions. This tendency, together with other separate measures to liberalize the legal status of municipal corporations (for example, giving municipalities the status of natural person), without reconsidering the fundamental foundations of their legal nature, indicatesa virtual erosion of the approach to the status of a municipality as a statutory corporation, as well as the need for both theoretical and normative work in order to eliminate the corresponding defects and contradictions.

УДК 342

The subject. This article is devoted the municipal reform 2014-2016. The reform of state are institutes of territorial organization, organizational principles, competency bases of local self-government.
The purpose of this paper is to show that the municipal reform 2014-2016 is directed on limiting local self-government and the subordination of local self-government to state authorities of the subjects of Russia.
Methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.
Results, scope. Urban districts with intracity and intercity division areas – two new municipalities have been legally introduced. In science municipal law formed two points of view on the admissibility and feasibility of separating the urban district in the inner city areas. According to the first point of view, the separation of large urban districts in the inner city areas is acceptable and appropriate. According to the second point of view, the separation of large urban districts in the inner city areas is unacceptable and inappropriate. The author adheres to the second point of view, since the introduction of a two-tier model of local government organization would violate the principle of unity of municipal economy, will lead to the rupture of a single urban space on the organizational and financial sustainability areas dependent city district, will lead to a sharp increase in the number of deputies and municipal employees, unnecessary increase financial expenses.

Municipal and regulatory policy in the sphere of organizational principles of local self-government is aimed at the maximum limit of direct elections of the population of the local self-government, which leads to their further alienation from the local authorities (the direct election of saved only 11 urban districts (13 %), which are the administrative centers of the subject of the Russian Federation). In addition, the actual subject of the Russian Federation determines the organizational model of local self-government for all the municipalities in its territory. This contradicts the Russian Constitution and the European Charter of Local Self-Government.
Federal Law No. 136-FZ of the legislation on local government introduced a completely new institution – the redistribution of powers. In accordance with pt. 1.2 of Article 17 of the Federal Law No. 131-FZ of the laws of the Russian Federation subject may be a redistribution of powers between the local authorities and public authorities of the RF subject. The norms of the Constitution there is no reference to the possibility of transmission to public authorities of powers of local governments to address local issues. From the analysis of the norms of the Constitution, the European Charter of Local Self-Government, the legal posi-tion of the Constitutional Court is apparent that the public authorities as a general rule is not entitled to decide local issues, to withdraw from the jurisdiction of the powers of local government. Meanwhile, as of March 1, 2017 34 subjects of the Russian Federation adopted laws on the redistribution of powers between the local authorities and public authorities of the Russian Federation.
The results of the study can be applied in the design of the legal regulation of Institute of territorial organization of local self-government; Institute organizational principles of local self-government; Institute of competency bases of local self-government.
Conclusions. Analyzing the latest evolution of municipal law the author comes to the conclusion that the target of the municipal reform 2014-2016 proclaimed by the legislator – the restoration of the lost connection between citizens and local self-governments – is clearly declarative in nature. The real target of the reform is a gradual, but consistent inte-gration of local self-government into the system of public authorities.

УДК 343.12

The subject. The article is devoted to the analysis of a phenomenon "abuse of the right" from a position of the public and dispositive beginnings of his manifestation.
The purpose of this article is to consider public and dispositive principles of abuse of the right in the scope of legal theory to qualify this phenomenon in criminal proceedings properly.
Methodology. The author use methods of theoretical analysis and interdisciplinary approach as well as legal methods, including formal legal method and comparative law.
Results, scope of it’s application. The authors note that the use of the advantages offered by abuse of the right is initially inherent only for the defending party in criminal proceedings.
Abuse of the right in the procedural segment of disposition appears in the implementation of the right to protection in the criminal procedure as well as in the implementation of almost any rights in the civil proceedings.
The main resource of publicity is realized exclusively by the courts in the civil procedure as well as by all government entities and officials in the criminal process. That’s why abuse of the right is interdicted by the activity of the court in civil procedure.
The imperative method of legal regulation of public relations, that is the basis of publicity, is in fact one of the ways of prevention and suppression of abuse of rights. The disposition method, that is the basis of competition in legal relations, is a catalyst for the creation of situations of possible abuse of rights.

Abuse of rights is manifested first and foremost in terms of the disposition, moreover – the higher the level of disposition in the particular branch of law provokes the greater likelihood of abuse of the right. Publicity limits disposition and, therefore, the possibility of abuse of the right.
Conclusions. Legal institute of abuse of right requires early normative entrenchment in the criminal process. It should contain specific grounds for restricting specific rights, which is abused by party of procedure.
The authors allow only one kind of liability for abuse of rights: a temporary restriction of the subjective rights of participants in criminal procedure on a very short term. It can be used only for systematic abuse of this right. Only court should have an authority for such restriction, taking into account prior notification of the supervising Procurator.

УДК 343.9.01

Subject. The article is devoted to the criminological characteristics of globalization, its im-pact on the criminality of law enforcement.
Aim. The aim of the authors is to identify the locations of different types of globalization in the system of criminogenic factors and threats to national security, but also offer criminal legal means of eliminating such threats.
Methodology. The authors use methods of criminological analysis, the conceptual apparatus of the interdisciplinary theory of security as well as sociological methods (survey).
Results, scope of application. Globalization is an extremely controversial process, that has both positive (anticriminogenic) and negative (criminogenic) sides and the consequences. The contradictory nature of globalization is reflected in the fact that it's an objectively subjective process. The authors note the construction of the myths of globalization in the scientific consciousness. The authors questioned the objectivity of the arguments in favour of corporatization of state unitary enterprises and noted that this process as a manifestation of economic globalization leads to their notable criminalization. The article notes that the conditions for the appropriation of other people's property appears in the process of contemporary economic globalization. Unexpected results of a survey conducted by the authors showed that the possible confiscation of assets of Russian oligarchs is not considered as a security threat by many Russians.
Active dissemination of the media significantly expands the possibilities for anticriminogenic information impact on the population in practice. However, this potential is used not enough. Mechanisms of the criminalization of the information space are used much more active by media to manipulate mass consciousness in the interests of the subjects of glob-alization. The authors identified levels of such manipulation and the proposed criminal legal methods to prevent it.
Conclusions. National security threats generated by globalization should be eliminated by criminal-legal means.

УДК 347.965

The subject of the article is the criminal legal aid in China.
The main goal of this work is to introduce the current state of legal aid in criminal cases in China to Russian scholars and legal professionals.
Results. Criminal Legal Aid in China appeared relatively recently, and in the last years of its operation was marked by a number of achievements and some problems. Legal assistance in criminal cases is an integral part of the institute of legal aid in China and plays an invalu-able role in ensuring due process, maintaining the balance between prosecution and de-fense, as well as in guaranteeing human rights. This study contains a general description of the current state of criminal legal aid in China, highlights inherent problems of this institu-tion and describes prospects of its development. This work is based on the Criminal Proce-dure Code of the PRC in version of 2013 year, and provides analysis of the Russian and Chi-nese special literature, Chinese law and practice, as well as the official Chinese statistics. The scope of legal assistance in criminal cases is extremely narrow, the funding is not enough, and the quality leaves much to be desired. These and other shortcomings already have become obstacles to the development of the Chinese criminal procedure law. Despite of a number of changes to the legal regulation of the institute in the 2013 edition of the PRC Criminal Procedure Code, a number of issues remained unresolved.
Conclusions. The existing difficulties can be overcame by expanding the scope of legal aid, increase in funding and introduction of public defenders. To increase funding in the budgets proposed to establish minimum public funding of legal aid, to attract non-governmental and international funding, to strengthen control and to ensure openness and transparency of spending. To improve the quality of legal aid PRC government should rise up compensations for lawyers, introduce the institution of public defender and create a mechanism for evaluating the quality of legal assistance.

УДК 343.24

The subject. The article deals with the problem of the use of "substitute" penalties.
The purpose of the article is to identify criminal and legal criteria for: selecting the replacement punishment; proportionality replacement leave punishment to others (the formalization of replacement); actually increasing the punishment (worsening of legal situation of the convicted).
Methodology.The author uses the method of analysis and synthesis, formal legal method.
Results. Replacing the punishment more severe as a result of malicious evasion from serving accused designated penalty requires the optimization of the following areas: 1) the selection of a substitute punishment; 2) replacement of proportionality is serving a sentence other (formalization of replacement); 3) ensuring the actual toughening penalties (deterioration of the legal status of the convict). It is important that the first two requirements pro-vide savings of repression in the implementation of the replacement of one form of punishment to others.
Replacement of punishment on their own do not have any specifics. However, it is necessary to compare them with the contents of the punishment, which the convict from serving maliciously evaded. First, substitute the punishment should assume a more significant range of restrictions and deprivation of certain rights of the convict. Second, the perfor-mance characteristics of order substitute the punishment should assume guarantee imple-mentation of the new measures.
With regard to replacing all forms of punishment are set significant limitations in the application that, in some cases, eliminates the possibility of replacement of the sentence, from serving where there has been willful evasion, a stricter measure of state coercion. It is important in the context of the topic and the possibility of a sentence of imprisonment as a substitute punishment in cases where the original purpose of the strict measures excluded. It is noteworthy that the Plenum of the Supreme Court in this regard invites the conflicting recommendations.
Conclusions. It is difficult to agree with the opinion about the inadmissibility of replacement additional punishment basically consistent. The thesis about the supportive role of additional punishment is currently not the case. It seems necessary to the rejection of the criminalization of willful evasion from serving the additional penalties and the establishment ofcommon consequences of such deviations only, depending on the type of punishment, not his status as primary or secondary.

УДК 347.9

The purpose of the article is to provide a critical analysis of different approaches towards the notion of “European Civil Procedure”, to substantiate by means of legal and judicial practice, research papers a true essence and legal nature of the European Civil Procedure.
The methodological basis for the study: general scientific methods (analysis, synthesis, comparison); private and academic (interpretation, comparison, formal-legal).
Problems and basic scientific results: the notion of “European Civil Procedure”, which describes the process of EU Member States judicial cooperation, bears largely a conventional character. It is not used officially by the organs and institutions of the EU, or its Member States. Moreover, it assumes an unjustified monopolization of the European discourse on the side of EU’s initiatives, although Europe is not limited to that association neither in geographical, nor in a legal sense. However, the given notion has become quite colloquial and does not cause any difficulties to the beneficiaries, and thus we may use the terms “European Civil Procedure” (ECP) and “Civil Procedure of the EU” (CP EU) as synonyms.
Different approaches towards the nature of the European Civil Procedure claim that it may be regarded as: (1) a separate (communitary) regime of Private International Law (or, otherwise, International Civil Procedure); (2) means to approximate national rules of Civil Pro-cedure; 3) a particular system of judicial decisions recognition; (4) an independent area of supranational law; 5) an aggregate of all or part of the qualities mentioned above.

The system of EU Civil Procedure constitutes “federal” procedural law of the Union that functions side-by-side national procedural rules. It governs those relations that go beyond the borders of one Member State, but not the EU itself. Relations between Member States and third nations are still generally out of the federal competence.
We need not to forget, however, that a genuine federal center does not only introduce centralized procedures, but also approves mandatory standards for all of the levels of the regulatory system (in other words, pursues approximation). A right of any federal state to exercise such competence does not find any questions due to supremacy of its authority. Still in the EU legal order the principle of its supremacy has a limited application and it is not obvious that the introduction of general norms for the Civil Procedure come within it. The existence of different standards of justice (28 national ones and one supranational) has a negative effect on the unity of the “area of justice”, making it illusory. In order to guarantee an equal level of judicial protection everywhere in the EU a procedural “bill of rights” is required, and it needs to be adopted at the “highest level” of the system.
Conclusions. The EU Civil Procedure has a dual nature. In its own (narrow) sense it is a body of federal procedural law of the EU that is applied when a cross-border situation of intracommunity character comes into being. In a broader sense, it is also a combination of norms, rules and principles of justice that are adopted by the EU as a federal center for both community-wide and national levels of the judicial system in order to guarantee the unity to the area of justice. In the ideal case, the European area of justice has to be a coherent, unified and internally consistent system. Reality is, however, far from that image, since there are multiple problems of both legal and political nature that hinder the implementa-tion of these brave ideas.

УДК 342.951+347.999

This informational introductory article is devoted to the peculiarities of the procedure of creation of the arbitration institution according to the new 2015 Federal Law "On arbitration (arbitration proceedings)". The aim of the article is the identification of the new law preconditions to the emergence of administrative barriers in the establishment of arbitral institutions. The study is based on methods of formal law, analysis and synthesis, the sociological method of survey is also used. The results and scope of the results. The article notes the objective difficulties in the establishment of arbitration institutions as well as provides a critical analysis of the innovations in 2015 Federal Law "On arbitration (arbitration proceedings) in the Russian Federation". The procedure for creating the arbitration courts became more bureaucratic and it is focused on filtering such institutions by tightening the requirements. The procedure for creating the arbitration courts can be described as permissive and multi-stage. The second noticeable trend in the 2015 Federal Law is broad sphere of control over arbitration courts and substitution of their competence by a competent court. According to the results of a survey of representatives of the business community authors identify the legislative background of administrative barriers on a way of establishment of arbitration courts. The results of the study can be used in the improvement of legislative procedures for the estab-lishment of arbitration courts. Conclusions. New Law actually creates a "quasi-judicial" bodies, that have highest level of bureaucratization, so arbitration courts lose their main characteristics: contractual and dispositive principles. Novels of Law, aimed at stricter administration and control, are obvious, however, a new quality for arbitration as the most popular form of alternative dispute resolution is still not created.

The subject. This informational article is devoted to the peculiarities of recognition and enforcement of international commercial arbitration awards according to different countries’ legislation and international legal regulation.
The purpose of the article is to identify legal patterns of recognition and enforcement of international commercial arbitration awards in different countries.
Methodology. The study is based on comparative law and formal law methods, analysis and synthesis.
Results, scope of application. Enforcement of arbitral awards in foreign countries is ensured and guaranteed by multilateral conventions, bilateral treaties and national legislation. The New York Convention 1958 in a certain way limits the scope of legal protection of arbitral awards and leaves the procedure for recognition and enforcement of arbitral awards for consideration of the state court. The author analyses of differentiation of the recognition and enforcement regime of so-called "domestic" and "foreign" solutions of international commercial arbitration in terms of doctrinal approaches and practice of foreign countries. Special attention is given to the analysis of foreign arbitral awards of recognition and enforcement procedures is given to a denial of recognition and enforcement of foreign arbitral awards and their reasons. In spite of the explicit grounds for refusal of recognition and enforcement of foreign arbitral awards in New York Convention 1958, some countries try to establish certain exceptions to the rule in the national legislation. Results may be applicable in improvement of international legal regulation.
Conclusions. The courts of the countries – participants of the New York Convention 1958 cannot cancel the foreign arbitral award or revise it substantially. The refutation of this award is possible only in the court of the state in whose territory the relevant arbitral award was made, and such court is not formally bound by the rules of the New York Convention 1958, when deciding whether to cancel or modify the award.

УДК 347.918

The subject. The issues of the arbitration’s place in the civil justice system as well as its place in a whole system of social governance in the scope of Russian arbitration reform.
The purpose of the article is to provide a comprehensive analysis of internal and international commercial arbitration as a peculiar form of private law enforcement, as well as to present a doctrinal description of the arbitration’s role in law enforcement system and its managerial impact mechanism.
Methodology. Research of general functions of law enforcement in social governance. Essential features of arbitration and basic foundations of civil litigation also have been compared.
The results and the scope of its application. The results are both doctrinal and practical. Domestic and international commercial arbitration can be considered as a peculiar form of managerial impact, as a subsystem of civil justice subordinated to general patterns of the social governance. Arbitration is a special, private on its origin, form of managerial impact, whereas arbitration tribunal is an independent nongovernmental element of the social governance system. Despite the fact of its private origin arbitration is in full measure a law enforcement activity. Theoretical comparison of arbitration’s substance with civil litigation became a convincing proof of the existence of public elements in a private segment of civil justice system.
Conclusions. Application of law by arbitration tribunals, both domestic and international, has the imperious character. Arbitration is a legal activity, private on its origin and to a great extent public by its essence. It embraces the expansion of general legal directions on individual social relationships by means of making arbitral awards which are law enforcement acts of individual character.

УДК 347.73:341.63

Subject. This informational article highlights recent changes to the Russian legislation on arbitration.
Purpose. To highlight the most important aspects of arbitration law reform, and examines the effects they will have on the development of arbitration in Russia
Methodology. The author uses a formal-legal method.
Results, scope of application. The author distinguishes the difference between constantly acting arbitration courts and arbitration courts ad hoc). The special status of a number of arbitration institutions (the ICAC and MAC at the Russian Chamber of Commerce and Industry), is contrary to the constitutional principle of equality under the law. A major achievement of the new legislation on arbitration courts is expanding the range arbitrarily disputes.
Conclusions. The new legislation more clearly prescribed the interaction of arbitration and state courts, including requiring the latter to promote the arbitrators, acting under the regulations of the permanent arbitration institutions in obtaining evidence.
In addition, the reform of the arbitration law have left aside the problem of improving the quality of judicial control over arbitration decisions.
The arbitration law will still be able to improve the arbitration, to enhance its credibility and attractiveness for the participants of civil turnover.