The subject of research is law enforcement policy as an integral part and form of the realization
of complex system phenomenon of legal policy.
The purpose. The study of optimization of law enforcement policy as a vital task of legal
science and practice.
The results and scope of it’s application. Law enforcement policy creates the strategy and
tactics of law enforcement and significantly defines its social efficiency.
The content of law enforcement policy is diverse. It comprises such questions as: definition
of main state priorities in the sphere of law realization; working out major goals and principles
of law enforcement activity; coordination and general law enforcement management;
stimulation of scientific and other activities aimed at the improvement of forms and methods
of individual powerful actions; definition of scientifically proved criteria of its efficiency;
provision of the legal regime in the country, the regime of exact abidance of the constitution
and other laws by all legal subjects; creation of necessary political and organizational guarantees
of realization of laws and personal freedom; working out basic principles of cooperation
between state, society and person in sphere of law realization; development of legal
communications, provision of transparency, availability of the information concerning the
changes made in law realization sphere, their goals, achieved results etc.
Conclusions. Law enforcement policy is the field of interdisciplinary investigations. That is
why both law theorists and representatives of specific juridical sciences should study it. The
enforcement policy is an important factor for the optimization of law enforcement and the
practice of realization of law in general.

The subject. The author's research methodology of social processes is represented, by establishing
a bond between the ways of property organization and governmental form – especially
its political regime.
The analysis of methodology is based on the historical materials devoted to Russian statehood
in terms of its transition states during the appropriate industrialization of domestic
production.
The results, scope of application. Since 1861, the Russian statehood during its existence has
experienced a number of important transitional states, where the successful process of
forming the traditional foundations of the corresponding society in different periods (pre-
Soviet, Soviet and post-Soviet) in terms of the author's methodology was and still is untenable.
The basis of this methodology is the existing relationship between the concrete way
of property organization and its social function. Thus, a private way of property organization
reproduces the function of social development. A mixed (corporate) way provides a function
of social compromise (convergence). Finally, the common (collective) way of property
organization can be determined by the function of social security. A concrete way of property
organization arries out only a specific social function. An attempt to change this dependence
leads the corresponding society to the destruction of the foundations of its existence.
Thus, the liquidation (abolition) of the private way of property organization objectively
forms the impossibility of realizing the functions of social development and the functions
of social compromise (convergence) in the society by the common (collective) way of
its organization. There is another aspect of the relationship between a particular way of
organizing property and its social function. Each of the above methods of property organization,
reaching a monopoly state that goes into rent, provides for self-destruction and
transformation of its social function as opposed to: from development to degradation, from
compromise to confrontation, from social provision of society to the provision of clans. A
brief historical digression in the article makes it possible to disclose the content of this
methodology when analyzing the facts of life of Russian statehood, including its latest history
until 2017.

Conclusions. The modern post-Soviet statehood in its various foundations: economic, political,
social and cultural, when realizing the appropriate tendencies of segregation of the
private way of property organization and the growing monopolization of state property,
largely casts doubt on the future development of our society.

The subject of the paper is legal status, competence, order of formation, composition and
activities of the highest representative (legislative) body – the Congress of Confederate
States of America (CSA).
The purpose of article is to identify peculiarities of organization and work of the Congress
of Confederate States of America.
The methodological basis of research is formal legal and historical analysis of provisions of
the permanent Constitution of the Confederate States, other legislative acts of the Congress
of the CSA.
The results and scope of application. The study of the history of the United States by analyzing
the status and history of development of the higher representative body of the unrecognized
state formations of the American South the second part of Nineteenth century
contributes to a better understanding of the evolution of American constitutionalism, possible
variants of its development, the ways and forms of development of legislative authorities
as the primary (main) way to implement popular sovereignty in the New time.
Constitutional and legal traditions of the organization and activities of the representative
(legislative) authorities of the USA have been fully inherited in the organization, structure
and activities of the Supreme legislative authority of the Confederate States of America
(CSA).
Conclusions. The legal status of the CSA Congress, its powers, organization activities demonstrated
a high degree of continuity of such institutions and relationships in the U.S. and
allows the Supreme representative (legislative) authority of the Confederate States to be
relatively effective in working on as part of a shared state mechanism of CSA.

The subject. The enforcement of civil-legal institutions, such as liability for damage and unjust
enrichment in tax disputes.
The purpose of the paper is to identify how the civil-legal institutions may help in interpretation
and enforcement of tax legal rules.
The methodology. The methods of analysis and synthesis are used. The focus of the scientific
analysis concerns the decisions of the Constitutional Court of the Russian Federation,
the Supreme Court of the Russian Federation and the courts of general jurisdiction.
Results and scope of application. Damage (harm) caused to the state by tax arrears is fundamentally
different from the harm (damage) caused to the civil order, responsibility for
which is provided by Art. 1064 of the Russian Civil Code. Concerning the damages to state
by tax arrears, these arrears don’t affect the initial assets of the state and couldn’t be reimbursed
using to the civil order (Art. 1064 of the Russian Civil Code).
Concerning property deduction on personal income tax, it can't be equaled to tax (arrears)
by using the legal fiction. Because the underestimation of the tax base for personal income
tax leads to property losses of the budget, this situation is subject to the application of civil
law institutions.
Conclusions. Today the law enforcement practice creates a situation of substitution of legality
by expediency. The essence of this situation is that, if it is not possible to solve a situation
by using tax legal rules, the situations is solved by civil law, although the application
of the civil law to these situations is not possible on the merits.

The subject. This paper deals with problems related to tax law with a special focus on legal
regulation of the tax procedure contained in the Czech Tax Procedure Code. Attention is
paid in particular to tax penalty payments and the “non bis in idem” principle.
The purpose to identify ratio between penalty payments in tax procedure and in criminal
procedure in context of “non bis in idem” principle.
The methodological basis of the article is analysis of legislation and court practice of Czech
republic, Austria, European Union, including formal legal analysis, comparative analysis,
synthesis, systematic approach.
The results and scope of application. The existing case law of the Czech criminal courts and
of the Supreme Court was based on the legal opinion that a penalty payment imposed by
the tax administration in a tax procedure constitutes no punishment, i.e. it is no sanction of
criminal nature, so that even the final (enforceable) decision of the tax administration does
not create a “ne bis in idem”1 barrier in relation to criminal sanctions for the same taxesrelated
non-compliant action (tax evasion) in respect of the penalty payment imposed by
the tax administration.
Conclusions. It would probably be advisable for the legislation to amend the relevant provisions
of the Tax Procedure Code in a way that the tax authorities concentrate within the
limits of their powers on proper tax collection and that the law enforcement authorities are
authorized to punishments for deliberate tax evasion. A suggested amendment may therefore
be the removal of the penalty payments from the Tax Procedure Code as the default
interest itself is sufficient instrument enough to penalize the taxpayers. Another option is to keep the tax penalty payment in the Tax Procedure Code, but its imposition would only be considered after making sure that the result of any criminal proceedings does not constitute a “ne bis in idem” prohibition within the meaning of Art. 40 (5) of the Charter and Art. 4 (1) of the Protocol No. 7 to the Convention, Section 11 (1) f), g), h), (2) and Section 11a of the Code of Criminal Procedure.

The subject of the paper is theoretical justification of legal nature of positive constitutional
responsibility legal institute. The evolution of views on the institution of positive constitutional
responsibility from the first works on it (S.A. Avak`yan, Yu.P. Eremenko, F.M. Rudinsky, N.A. Bobrova) to the present time is analyzed.
The purpose is to clarify its role in establishment and maintaining the regime of constitutional
legality.
The results, scope of application. Doubts about the legal nature of positive constitutional
responsibility up to its complete denial are identical with doubts about the legal nature of
many constitutional norms, the denial of their direct action. These disputes will last forever.
Direct service of constitutional and legal responsibility to the quality of governance is a feature
of this type of legal responsibility along with its pronounced political character, as well
as the specific guilt of the subject of constitutional tort (liability not only for their acts but
for the acts of their subordinates).
The emphasis on positive moral aspect to the detriment of "sanction" (retrospective) aspect
of the constitutional responsibility does not meet the challenges of the new time.
Proponents of affirmative responsibility had good purpose to build its high creative and
educational role from the positive side of the legal liability. However, this good purpose in
practice has not led to optimistic results.
The authors come to the conclusion the legal regulation of mechanisms of responsibility
enforcement in Russia is necessary.

Subject. The principles of subsidiarity proportionality, which serve as the basic principles for
determining the competence of integration associations, are considered in the article.
Aim. The aim of this paper is to analyse the place and the importance of Member States’ obligations
deriving from the EU legal order in order to address the relationships between EU law
and national tax law, as well as to analyse the practice of using of principles of subsidiarity and
proportionality by the highest courts of the Russian Federation as a federal state.
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 exercise of power by the European Union in the areas of shared competence
must respect the principle of subsidiarity. The founding Treaties make clear that
subsidiarity is a legal enforceable legal principle. However. the case law of the European
Court of Justice reveals that the enforcement of subsidiarity as a judicial principle has been
ineffective.
The article examines cross-border loss relief for group companies in the context of European
Union law and considers how this has affected Member States such as the UK. The
case law of the Court of Justice is then analysed in an attempt to assess whether some of
the principles set out in these legislative initiatives found their way to Member State laws
through the Court's jurisprudence. Following this, the judicial and legislative response to
the Marks & Spencer judgment in the UK are critically assessed.
The practical suggestions are looking at developing EU compatible tax principles to be applied
to cross-border taxation within the EU.
Having considered the principles of subsidiarity and proportionality in the context of interaction
between integration and national tax law, the author suggests directions for improving
the practice of integration tax law. The supranational judicial authority should dwell on
the position that only those differences that are directly based on the origin of the income
or nationality of the taxpayer can be justified on the basis of restrictions on fundamental
freedoms.

Conclusions. The author comes to the conclusion that a co-ordinated approach to crossborder tax is essential. The effectiveness of integration tax law will largely depend on how the ratio of the norms of integration and national law in the tax jurisdiction of the Union and member states will be formed. However, historically direct tax has been viewed by Member States as central to national sovereignty.

The subject. Nowadays a variety of civil law studies actively discusses the issues of insurance
regulation. However, legal expenses insurance is unknown to Russian legal doctrine and
practice. The research focuses on legal expenses insurance.
The purpose of the article is to reveal a potential that legal and economic instruments have in
comparison to other guarantees of unobstructed enjoyment of the rights and legitimate interests.
The methodology. It is a comparative law approach that allows to describe the peculiarities
of legal expenses insurance in foreign countries, outline the criteria to match the existing
models, determine their similarities and differences as well as benefits and drawbacks. Economic
analysis of law is helpful to evaluate the convenience of a new tool for citizens and
its influence on the level of their legal expenses.
The results, scope of it’s application. As a result, the article argues that legal expenses insurance
improves the financial accessibility of qualified legal assistance and stimulates legal
activity, since it does not impose any formal restrictions on the clients, the content of the
contract or the sphere of its application. Meanwhile, the research formulates and characterizes
some difficulties that may occur in the course of introduction of this institution to
Russian law. Primarily, such obstacles include the low level of insurance culture, the need
of significant amendments to legislation in force and the lack of professional expertise in
this field. Despite different political and legal obstacles, it is necessary to create an effective
model of legal expenses insurance in Russia in order to improve Russian legal system and
form the culture of getting legal services in time.
Conclusions. The insurance mechanisms provide citizens with an opportunity to minimize
their legal and financial risks connected to unforeseeable situations, which require covering
costs of professional legal assistance. The authors conclude that legal expenses insurance
is able to become an additional guarantee to the right to qualified legal assistance in case
of appropriate adaptation to current conditions of Russian legal life and legal mechanisms.

The subject. The study of the Genesis of the emergence and development of any phenomenon
allows to know its essence, as well as to make a prediction about the prospects for its
further development. Given the importance of self-regulation in the context of the changes
in our country, administrative reform, addressing the problems of the Genesis of self-regulation
is very timely and relevant.
The purpose of the article is to reveal the peculiarities of the emergence and development
of self-regulation in Russia.
Methodology. The methodological basis for the study: general scientific methods (analysis,
synthesis, comparison, description); private and academic (comparative legal, interpretation,
formal-legal).
Results, scope. Under self-regulation this article is 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. Based on the author's proposed definition of "self-regulation",
the fundamental criterion for the recognition of any organizations the prototype
of the modern self-regulating organizations was selected the purpose of their creation: regulation
of activity of subjects of professional activities and the availability of appropriate
given the objectives of the authority. The study of the history of creation and functioning
of associations of subjects of professional activity allows to conclude that self-regulation is
not fundamentally new, previously unknown in our country a legal phenomenon.
Conclusions. The first prototypes of self-regulatory organizations originated in Russia in the
Middle ages as a voluntary Association of merchants.

In the XVIII century found the beginnings of a model of mandatory self-regulation. In this
period at the state's initiative used the European experience, was created workshops as an
organizational form of Association of artisans, granting the right to engage in trade.
In the Soviet period on the self-regulation can only speak as declaratory of the principle of
functioning of the legal profession.
The emergence of self-regulation as a special kind of management activities occurred in
Russia in late 1990s – early 2000-ies. The greatest degree of legal regulation-regulation
achieved after the adoption of the Law on SRO, established a combination of voluntary and
mandatory models of self-regulation.

The subject. The article describes the main problems of protection of the rights and freedoms
of indigenous peoples as one of the most vulnerable groups of residents in a modern
state. The author emphasizes the relevance of the study, based on increased attention to
the preservation of the peoples of the North, especially by the international community.
The purpose. The author dwells particularly on the legal protection of the rights of indigenous
peoples of the North, both on the global and national levels. The main tasks and functions
of state authorities on support and protection legal status of the indigenous Northern
people are discussed.
The methodology. General scientific methods (systemic, structural, formal logical) and special
(technical, legal, statistical) methods are used.
Results and scope of it’s application. After the analysis the national legislation the author
identifies the shortcomings that impede the efficient activities of state authorities in this
direction and comes to the conclusion that the Russian normative legal base, regulating the
activity of indigenous peoples of the North and protection of their rights, does not fully
meet modern requirements and existing needs. Among the major remedy options the author
cites a number of provisions which may be laid in the basis of the revised state policy.
Conclusions. The Russian Federation has not used the full potential of the tools to preserve
the culture and identity of peoples of the North, which allows to simulate and to conduct
further research to improve the quality of life of the peoples of the Russian North.

The subject. The crisis of local self-government actualizes the problem of effectiveness of
legal regulation of the issues of its organization.
The purpose of the paper is evaluation of the effectiveness of the regulatory framework for
the organization of local government.
The methodology of research includes systematic analysis, formal legal method, interpretation
of legislation.
The results and scope of application. The crisis of local self-government actualizes the problem
of effectiveness of legal regulation of the issues of its organization. Evaluation of the
effectiveness of the regulatory framework for the organization of local government is reduced
to two questions: what are the limits of state legal regulation and what are the beginning
of the division of powers on the organization of local government between the Russian
Federation and the subjects of the Russian Federation.
Recognizing the optimal legislative approach to the definition of the limits of state regulation,
which assumes the creation at the federal level of a full-fledged legal mechanism for the implementation
of local self-government, subject to its combination with the beginning of municipal
self-regulation, the author criticizes the legislative approach to delineating the powers
to organize local self-government between the Federation and the subjects of the Federation.
Conclusions. Due to the legislative formula, according to which the scope of regional powers
depends on the discretion of the federal legislator, the local self-government turned out to
be "hostage" to the emerging federal relations.

The subject. The article is devoted to the analysis of the causes, the process, the consequences
of the enlargement of municipalities in the Russian Federation.
The purpose of this paper is to show that with the initial increase in the number of municipalities,
many of them turned out to be incapable of effectively addressing local issues and
providing quality services to the population. In this regard, the reverse process began – the
consolidation of municipalities. As a result, the number of municipalities, especially the rural
level, has dramatically decreased. The enlargement of municipal formations went arbitrarily,
without taking into account the infrastructural and historical unity of the unified urban
settlements.
The methodology. The author uses a dialectical method, a method of analysis and synthesis,
a formal legal method, a comparative legal method.
Results, scope of application. 03.04.2017 Federal Law No. 62-FZ is adopted, which provides
for the transformation of municipal raions and constituent urban and rural settlements into
urban districts according to a "simplified procedure", that is, with the consent of the population
expressed by the representative body of the municipality. In parallel, under consideration
in the legal department of the State Duma of the Russian Federation there is a bill
introduced by deputy A.P. Markov, offering to introduce a new type of municipal formation
– the rural district. In rural districts it is proposed to unite settlements in rural municipal
areas. The implementation of this bill will lead to the mass elimination of rural settlements.
Actually there are no accurate and exhaustive legislative provisions regulating the territorial
boundaries of urban districts, forms of the transformation and abolition of municipalities;
moreover, local political and economic elites persistently seek to preserve the single tier
management system developed over the decades. As a result of these blemishes, within administrative areas of some RF constituent entities, there are urban districts that consist of the large not urbanized territories with a poorly developed transport, social, economic infrastructure and without any common development goals. The authors conclude that the bias towards municipalities' consolidation in many RF constituent entities is justified and caused by ignoring of the vertical command relations in former areas. At the same time, they point out the need to take into account the town-planning, economic and geographical, socio-demographic factors while transforming municipal areas into urban districts, otherwise, all these transformations are fictitious and turn into revising of powers by local elites.

Conclusions. The municipal legal policy of consolidation of municipal entities is aimed at liquidating the settlement level of local self-government, which directly contradicts Part 1 of Art. 131 of the Constitution of the Russian Federation, which establishes the implementation of local self-government by the population, first of all, at the primary, settlement level. 

The subject. The article shows the approaches to the process of creating and realizing strategies
of socio-economic development of the largest cities in the Russian Federation. The
strategies of socio-economic development of the largest cities have been fundamental in
the formation of such city agglomerations as “Big Volgograd” (Volgograd), “Big Rostov”
(Rostov), Zhigulevskaya agglomeration (Samara), Nizhegorodskaya agglomeration (Nizhny
Novgorod), Chelyabinsk city agglomeration (Chelyabinsk) and these strategies contain the
main ways of development which go far beyond the competence of local importance.
The purpose. The article addresses the problems that arise in the process of creating strategies
of socio-economic development of the largest cities including the extent of power
between public authorities of different levels.
The methodology. The systematic approach, methods of formal and comparative analysis
of law as well as synthesis are used in the article.
Results. Before the adoption of Federal Law “On the Strategic Planning in the Russian Federation”
(further down the article 172-FZ) strategic planning was unsystematic and there
were no unitary law-based approaches towards the drafting process of strategic planning
documents. After the adoption of 172-FZ the situation has not dramatically changed.
The analysis of strategic planning in the largest cities shows the lack of unitary approaches
towards the drafting process of strategic planning documents, the definitions of mission
and strategic goals of development, the assessment of largest cities importance in the context
of over-regional, regional and internal city area development. Also, the peculiarities of
territorial planning and budgetary process in municipal establishments are not taken into
consideration.

The subject. The key and, in the author's opinion, the most interesting questions of the
qualification of intentional crimes for life and health are determined in a strategic way
based on the study of scientific literature and materials of judicial practice, as well as monitoring
of contemporary reality.
The purpose of the paper is to investigate the problems of redundancy and the gap in the
criminal law in this area, as well as the difficulties in applying the relevant norms, taking
into account the recommendations of the Plenum of the Supreme Court of the Russian Federation.
The methodological basis of the work is dialectical-materialistic, logical, historical, systemstructural,
as well as comparative-legal and concrete sociological methods.
The main results and scope of it’s application. It is proposed to decriminalize the beatings
provided for in Art. 116 of the Criminal Code of the Russian Federation, with the introduction
of appropriate changes to the version of Article 116.1 of the Criminal Code of the Russian
Federation. The problem of an absolute gap in the field of criminal and legal protection
of the individual from new types of causing death and involving minors in a suicidal behavior
pattern, including using the Internet, is being raised. A draft of Federal Law No. 118634-7,
submitted by I.A. Yarovaya in March 2017, is overviewed and practical recommendations
for improving the criminal legislation of Russia are formulated.

Conclusions. After the analyzing the most difficult cases of competition, the conclusion is
based on the decisive significance of the expert's conclusion about the presence or absence
of affect for the qualification of these crimes. In order to avoid a superficial approach to law
enforcement and, as a consequence, judicial errors, it is proposed to oblige the courts in
each case, when establishing relevant facts, to appoint a forensic expert examination to
check whether the perpetrator has a sudden violent emotional excitement (affect).

The subject. This essay describes the procedural treatment of non-contentious matters in
Italy. After a brief historical recount on the evolution of the concept of ‘non-contentious
jurisdiction’, from Roman law to the law in force, the chapter emphasizes the extreme variety
of non-adverse proceedings governed by the Code of civil procedure and special statutes
as well.
The purpose of the article is to understand the ‘default rules’ of non-adverse proceedings
(meaning the rules applicable insofar as the law does not ordain otherwise) provided by the
Code of civil procedure. These rules outline a procedure in chambers that is simpler and
less time-consuming than the ordinary one: for these reasons, the procedure in chambers
has been increasingly adopted for the judicial treatment of a few contentious matters, with
mixed results.
Methodology. The methodological basis for the study: general scientific methods (analysis,
synthesis, comparison, description); private and academic (comparative legal, interpretation,
formal-legal).
Results. It is difficult to foresee whether in the near future more attention will be devoted
by Italian legislators to non-contentious jurisdiction so as to lay down rules that are uniform
and consistent. In recent decades, Italian civil procedure has been re-written again and
again in the attempt to solve the most serious and enduring problem of the justice system,
namely, the excessive length of proceedings.
Conclusions. As far as non-contentious matters, in light of the notorious overload of Italian
courts the author believes that they could be handles more efficiently by administrative
authorities.

The subject of analysis in the paper is Russian insolvency legislation? As well as rules of
Russian Criminal Code about insolvency crimes.
The purpose of the article is to analyze methods of the judicial protection of the rights of
the victim (creditor-bank) after the conclusion of the contract of cession of rights (claims)
in the context of deliberate bankruptcy of the debtor.
The methodology of research includes: analysis, synthesis, induction, deduction, survey,
and statistical method.
The results, scope of application. Intentional bankruptcy (Art. 196 of the Russian Criminal
Code) violates the legitimate property interests of creditors. In particular, the Bank has the
right to appeal to law enforcement agencies with a statement about criminal acts committed
against the Bank that caused damage to the Bank. The creditor has the right to apply
for recognition as an injured person. Such a creditor is harmed by a crime. In the event that
the Bank deliberately bankruptcy of the debtor harmed, and there is a causal relationship
between such actions and the socially dangerous consequences that have occurred, then,
as follows from Part 1 of Art. 44 of the Code of Criminal Procedure, this circumstance is a
prerequisite for the recognition of the Bank as a civil plaintiff. Such a bank has the right to
declare in the criminal case a civil claim for damages to the bank. The purpose of this article
is to provide judicial protection of the rights of the victim (creditor bank) after concluding
the contract of assignment of the right (claims) in the circumstances of the debtor's deliberate
bankruptcy. The research methods are: analysis, synthesis, induction, deduction,
questioning and statistical method. The conclusion is drawn that the assignment of claims
under a civil law contract is not grounds for refusing to recognize the Bank as a victim and
a civil plaintiff in a criminal case under Art. 196 of the Criminal Code.

Conclusions. The assignment of claims under civil contract is not a ground for refusing
recognition the Bank as the victim and civil plaintiff in a criminal case under Arti. 196 of the
Criminal Code.

The subject of the article is the legal and practical problems of cross-border personal bankruptcy
in Russia and China.
The main goal of this work is to analyze the major issues and obstacles in recognition and
enforcement of Russian individual bankruptcy decisions in China and introduce it to Russian
scholars and legal professionals.
The methodological basis is analysis of the Russian and Chinese legislation, judicial practice
and special literature
The results, scope of application. This article discusses the possibility of applying the provisions
of the Federal Law On Insolvency (Bankruptcy) to the Chinese nationals registered as
individual entrepreneurs in Russia. The article also reviews the Chinese legal regulation and
offers recommendations on execution of the court judgments on bankruptcy and collection
of debts from the PRC nationals. Existing Russian legislation allows to recognize the foreign
nationals as bankrupts. The provisions on the cross-border insolvency also apply to them.
The bankruptcy in China is not applied currently to the individuals, although theoretically it
may affect their property sphere during the bankruptcy of an individual private enterprise.
Conclusions. The cross-border insolvency of the Chinese nationals encounters obstacles on three
levels. Firstly, the awards of the Russian arbitration courts have not been practically enforced in
PRC due to inadequate notification of the Chinese party in the case. Secondly, Chinese courts in
principle are extremely reluctant in recognizing foreign judgments on bankruptcy, such cases are
exceptional. Thirdly, there is no personal bankruptcy institution in the PRC, while similar procedures
like bankruptcy of individual private enterprises are not applied in reality, and there are no
legislative prospects for the personal bankruptcy in the nearest future. Therefore, when conducting
the bankruptcy procedure for the Chinese nationals on the Russian territory, one can only
count on their property located on this side of the border.

The subject. The article is devoted to the subject of the exhaustion of domestic remedies
before filing a complaint to the European Court of Human Rights.
The purpose. The purpose of this article is to show and reveal the characteristics of such
important condition of lodging a complaint before the European Court of Human Rights as
the exhaustion of domestic remedies.
The methodology. The following scientific methods have been used to write this article:
analysis, comparing and making conclusions.
Results, scope of application. The right of individual petition is rightly considered to be the
hallmark and the greatest achievement of the European Convention on Human Rights. Individuals
who consider that their human rights have been violated have the possibility of
lodging a complaint before the European Court of Human Rights. However, there are important
admissibility requirements set out in the Convention that must be satisfied before
a case be examined. Applicants are expected to have exhausted their domestic remedies
and have brought their complaints within a period of six months from the date of the final
domestic decision. The obligation to exhaust domestic remedies forms part of customary
international law, recognized as such in the case – law of the International Court of Justice.
The rationale for the exhaustion rule is to give the national authorities, primarily the courts,
the opportunity to prevent or put right the alleged violation of the Convention. The domestic
legal order should provide an effective remedy for violations of Convention rights.
Conclusions. The rule of exhaustion of domestic remedies is an important part of the functioning
of the protection system under the Convention and its basic principle.

The article substantiates the necessity of a system analysis of the processes of application
of the norms of international treaties by commercial courts of the Russian Federation. This
need is justified, at least, by the following: an insignificant amount of special research in
this field in comparison with a similar subject within the courts of general jurisdiction, the
creation of a relatively new body of supranational control over compliance with the norms
of international treaties in the field of commercial courts’ practice.
The purpose of the study is to identify problems of application of international treaties of
the Russian Federation arbitration courts of Russia.
The author uses methodology of formal legal analysis of Russian legislation and courts’ decisions.
The results and scope of it’s application. The author, taking into account the specifics of
commercial proceedings and the nature of disputes heard in commercial courts, proposed
legal grounds in a concentrated form which allow to state the existence of the obligation to
apply the norms of international treaties by Russian commercial courts. Two levels of such
grounds can be stated – international and domestic.
Publication of the texts of international treaties as a problematic segment of their applicability.
The article highlights one of the problematic segments of the application process of
the norms of international treaties for the purpose of more detailed reflection. The practice
of commercial courts demonstrates that in both legislative acts and acts of applying law,
the concepts of "official publication" and "bringing to the public" are alternated with each
other. Despite the reform, the procedure of official publication has not acquired the character
of a systemic institution of Russian law. This significantly complicates the activity of
administering justice with respect to the legislative acts of international law.

Conclusions. From the point of view of international law, the state, independently determining
the procedure and methods of implementing international treaties within its legal
system, is not limited in its ability to burden itself with the need to abide by additional procedures
not provided by the international legal system of procedures. Official publication,
as a necessary procedure for the entry of a legislative act into the force, represents such an
additional procedure designed to protect more effectively human rights and freedoms and
to streamline law enforcement practice. In this connection, the author formulated the provisions,
the implementation of which can help in matters of systematization of the institution
of official publication of international treaties of the Russian Federation.

The subject of paper deals with the legal nature of measures of criminal procedural compulsion
in the form of seizure of property.
Methodological basis of the article is based on general scientific dialectical methods of cognition
of objective reality of the legal processes and phenomena that allowed us to conduct an
objective assessment of the state of legislation and law enforcement practice in the procedural
aspects of the cancellation of the seizure of property in criminal proceedings of Russia.
The results and scope of it’s application. It is submitted that the cancellation of the seizure
of the property (or the individual limit) is allowed only on the grounds and in the manner
prescribed by the criminal procedure law of the Russian Federation. However, the study
found serious contradictions in the application of the relevant law. In particular, cases in
which the question of exemption of property from arrest (exclusion from the inventory),imposed in the criminal case was resolved in a civil procedure that, in the opinion of theauthor of the publication, is extremely unacceptable.

On the stated issues topics analyzes opinions of scientists who say that the dispute about
the release of impounded property may be allowed in civil proceedings, including pending
resolution of the criminal case on the merits. The author strongly disagrees with this position
and supports those experts who argue that the filing of a claim for exemption of property
from arrest (exclusion from the inventory) the reviewed judicial act of imposing of arrest
without recognition per se invalid. In this regard, the author cites the legal position of
the constitutional Court of the Russian Federation, from which clearly follows that of the
right of everyone to judicial protection does not imply the possibility of choice of the citizen
at its discretion, techniques and procedures of judicial protection, since the features of such
judicial protection is defined in specific Federal laws.
The author analyzes and appreciates Kazakhstan's experience of legal regulation of the permissibility
of filing a civil claim for exemption of property from seizure imposed in criminal
proceedings. The author notes that the new civil procedural legislation of the Republic of
Kazakhstan, which came into force from 01 January 2016, clearly captures that consideration
in the civil proceedings are not subject to claims for exemption of property from seizure
by the criminal prosecution body.
Conclusions. Necessity of amendment to article 422 of the Civil Procedure Code of Russia:
this article should not apply to cases of application of measures of criminal procedural compulsion
in the form of seizure of property. Among other things, the author proposed additions
to part 9 of article 115 of the Criminal Procedure Code of Russia.