Тема. Взаимодействие государственного и частного права в современной России и появление сложных образований в системе права

Цель статьи - изучить и обосновать наличие новых тенденций между частным и общественным начинанием в российской правовой системе, что привело к появлению новых сложных структур в системе российского законодательства и законодательства.

Характеристика проблемного поля.Процесс формирования современной российской правовой системы и российского законодательства не только не закончился, но еще только в начале его карьеры. В этой связи вопрос о российском праве был и остается предметом многих длительных научных дискуссий, которые предлагают множество решений. Наконец, этот вопрос никогда не может быть закрыт, потому что закон - это явление, которое постоянно развивается. В настоящее время неизвестны новые сферы деятельности (например, ядерная энергетика, информационная безопасность или освоение космоса), соответственно возникают новые отношения. Такая ситуация объективно ведет к появлению новых правовых норм, регулирующих отношения, возникающие в реальной жизни. Ответ на следующие вопросы: будут ли эти правила создавать специальную отрасль права или они станут частями традиционных отраслей права (например, гражданские или административные), - могут устанавливаться только посредством конкретных исследований. Однако следует отметить нынешнюю тенденцию в построении системы современного российского законодательства и законодательства. Первое - постоянное (систематическое) появление нормативных актов, обеспечивающих правовое регулирование новых, возникающих социальных отношений, которые неизбежно происходят в связи с кардинальными изменениями в экономическом и политическом характере, из-за сложной внешней и внутренней ситуации в стране. Вторая тенденция связана с отсутствием систематической работы по кодификации российского законодательства в условиях динамично меняющейся ситуации, часто приводит к правилам, которые часто не только соединяются друг с другом, но иногда противоречат друг другу. Эти тенденции усложняют формирование единой правовой системы и правоприменительной практики в России.

A description of the methods and research methodology. General and specific scientific cognition methods: systematic approach, comparative legal and formal logical methods were used in the research.

 Information about the main scientific results. Complex institute as a phenomenon of the legal system and as one of the mechanisms of interaction of private and public law traditionally appears in the process of borrowing of law rules by one branch of law from another. The branch of law, which rules are derived, sometimes loosely called "mother", and the branch of law that produces a comprehensive institute – is called "child". Fixing the rules of "parent" branch of law in the laws and other sources of the "child" branch of law is characteristic external symptom of complex legal institute. However, this feature operates only in conjunction with other features of integrated institute. It is not always entails an appearance of complex legal institute itself. At the same time, complex legal institutions, absorbing the norms of the different branches of public and private law, are formed around the constitutional standards. Such standards play a role of not just constitutional basis, but the main system-forming factor, the role of the maternal branch of the law that is supplemented with norms of other branches of law.

There is a dynamic relationship between the fields of law and complex institutions, so there is a possibility of escalating cross-sectoral institutions into the independent branches of law. This is achieved with the further development of group-specific social relations, forming a complex Institute of law and the gradual transformation of this institute into an independent branch of Russian law. The problem of gaps and conflicts appears more often in complex legal institutions than in traditional branches of law, significant institutions. However, the main way of addressing gaps, conflicts, is common to all separate legal entities as well as to legal system in general. It is the comprehensive and precise systematization of legislation, taking into account the peculiarities of legal regulation in the sphere of public relations.

The existence of complex branches and institutions in law makes highlight complex structure along with traditional structures of law, such as hierarchical (vertical), branch (horizontal) and federative.

The presence of complex branches of law itself does not automatically indicates the presence of the relevant complex branches of law institutions. If we need to justify the allocation of comprehensive formation (industry or institution) in law, it is important always ask yourself the logical question: do special normative means of the system organization of legal material exist in a chosen array of the laws of and what current legal instruments do give us reason to say that we have not simply a normative array, but the integrated interdisciplinary institute or branch of law. Asking these questions and obtaining valid answers on them will allow to avoid the formation of pseudoinstitutions of law and even reduce unwarranted enthusiasm in the search of complex formations instead of traditional selection classic industries and institutions in law with public and private law principles and components of a single system of law.

Формирование сложных отраслей и институтов права является новой, многообещающей формой взаимодействия между государственным и частным правом. Это обусловлено объективной необходимостью эффективного регулирования нынешних сложных социальных отношений. Благодаря этому интегрированному подходу к регулированию растет потенциал регулирования всех структурных единиц права, и акцент делается не на самоподдерживающемся потенциале конкретной отрасли права, а на более эффективном регулировании социальных отношений. Наличие сложных систем в системе российского законодательства обеспечивает систематизацию правил в соответствующей области общественных отношений, что в целом положительно влияет на систематизацию российского законодательства.

The purpose of article is to analyze the evolution of legal regulation of higher education in Russia since the beginning up to the beginning of reform in modern conditions.
Characteristics of the problem field. Higher education is studied in various aspects (sociological, cultural, historical, economic). An independent institute of educational law is distinguished in the legal science. Serious transformations of higher education in the Russian Federation have actualized the need for understanding the domestic experience of legal regu-lation. The state policy in the sphere of higher education and the evolution of educational legislation are studied in historical and legal studies.
The methodology. The narrative method is the method of description. It is necessary for the reconstruction of past events and phenomena. The narrative method is supplemented by a chronological method. The formal legal method is applied to the interpretation of norms. The sociological method establishes the links between state policy, regulatory legal regulations and the social result achieved. The comparative method is used fragmentarily.
Results. Higher education is a relatively new social institution. In the European tradition it took shape during the Middle Ages. The completed model was formed in the XIX century in Germany.
The Russian Empire used the German model. Higher education was regulated by the state. The main regulations governing educational relations at the university were the General Charters. These Charters reflected the autonomy of universities.
Three stages are identified in the legal and regulatory framework of higher education in the Soviet period: 1917 – the first floor 1930s; second floor 1930s – the first floor 1950s; second floor 1950s – 1980s.

At the first stage the state regulated only politically and ideologically important educational relations. Many questions were not regulated centrally. In the 1930s the state impact on higher education was growing. The consignments are included in norm-setting activities. The established norms changed little until the end of the Soviet period. In the 1960s the liberalization of educational legislation began, which continued until the end of the Soviet period.

Conclusions. Higher education as a special social Institute took shape in the medieval period. The German model, tested in the early nineteenth century with the establishment of the University in Berlin, had a huge influence on the genesis of modern higher education.

The subject. The article is devoted to research the legal nature of international treaties.
The purpose of the article is to formulate the feasibility of determining the legal status of international treaties in the composition of the sources of law in terms of its unity.
The methodology. The author uses the systematic approach to research, methods of anal-ysis and synthesis, including formal legal analysis of international treaties, Russian legislation and courts’ decisions.
The main results and scope of their application. The analysis of the categories of legal act, the regulatory agreement, the international treaty, describing its characteristics, legal characteristics is performed. On the basis of the main legal characteristics of the category of normative legal acts, the expediency of inclusion of an international treaty to this category is proven. It is groundless to detach international treaties on normative legal acts, thereby reducing the extent of the need for their application. This, however, does not change the fact that the source of law in each legal system may have special characteristics depending on such system and complementing the basic characteristics. The international treaty is a legal act of international law. Such a conceptual approach to this issue allows making further conclusions.
Conclusions. The author highlights the circumstances of the need for reasonable use of international treaties to resolve disputes, that are significant for the process of enforcement. This position is based on the proposed definition of an international treaty including it to the normative legal acts.

The subject. The article deals with the problem of legal status of the state budget appropriation managers in the process of budget planning in the Republic of Lithuania.
The purpose of the article is evaluation of state budget appropriation managers’ role in the process of budget planning in the Republic of Lithuania.
The methodology of research is the analysis of the budgetary legislation of the Republic of Lithuania and the scientific literature, using the methods of logical and systematic analysis and other methods of scientific research
Main results, and scope of it’s application. The legal definition and the system of state budget appropriation managers is analyzed in the article. Particular attention is given to the question of role of state budget appropriation managers in the process of budget framework. The role of the Government and Parliament, as well as a special body of management of public finances (in the Republic of Lithuania, the Ministry of Finance) – legislative and executive authorities – is emphasized in the scientific literature. But it is often not mentioned what an important place in this process other participants of budgetary relations – state budget appropriation managers – takes. The main participation of state budget appropriation managers in the budget planning process related to the planning of the budget expenditures.
Preparation of strategic plans and programmes of budgetary funds by state budget appropriation managers can be considered part of governance activities in general. For budget planning drawn up draft budgets of the programs by state budget appropriation managers is particularly important.Conclusions. The efficiency of the use of state funds depends on the spending of funds, the quality and validity of the developed programmes of activities led by their agencies. State budget appropriation managers are involved, along with other entities, on each stage of the budget planning. They provide the Ministry of Finance the data necessary for the compilation and clarification of the macroeconomic and fiscal forecast; they constitute the programmes, which are funded by the state; finally, state budget appropriation managers are prepare programs, which later becomes the basis of the entire draft state budget.

The subject. The article is devoted to legal issues in the regulation of relations on information exchange between departments of the Federal Tax Service of Russia and their officials.
The purpose of the article is to determine the legal basis, allowing the effective exchange of tax information between tax authorities.
The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (interpretation of legal acts, formal-legal method).
Results, scope. Information interaction of bodies of tax administration along with General principles of information exchange, shall further be based on the principle of maximum accessibility to bodies of tax administration existing tax information. Information must be transmitted by officials of these bodies to each other by applying the maximum number of forms of interaction. It is not only the planned transfer of certain data, but prompt replies to queries; unification of formats of information used (in the future, if technically possible, a unified information system to allow remote access to every employee of all departments); support workers one bodies the activities of other specialists; coordination of control activities; joint seminars (conferences).
Conclusions. A security feature of the standards for the exchange of information in the system of tax administration, will be fully realized only when along with an indication of the type of information to be found who, in what organ and in what order must pass, and what will be the liability for violation of the rules.

The subject. The article is devoted to the prerequisites of the emergence and essential characteristics of the institution of consolidated taxpayers’ groups in Russia and abroad, revealing of advantages and disadvantages of the legal regulation of the creation and operation of consolidated groups of payers of corporate profits tax, analyzing results and directions of the development of tax consolidation in Russian Federation.
The purpose of the article is to identify positive and negative aspects of the functioning of the institution of consolidated taxpayers’ groups in Russia with the establishment of prospects of tax consolidation and the likely directions of its development.
The description of the problem field. The development of the world economic system stimulates the emergence of new forms of management, characterized by the enlargement of busi-ness, the pooling of resources of individual enterprises into a single system in order to optimize entrepreneurial activity. These trends are reflected in the development of tax systems of various countries, that is expressed in the formation of institutions of consolidated taxpayers’ groups. Tax consolidation in Russia is a relatively new phenomenon, and it seems necessary to examine this institution from the law enforcement point of view, to evaluate its effectiveness.
Methods and methodology. The authors used methods of analysis, synthesis, as well as formal-legal, comparative-legal, historical methods of investigation.
Results and the scope of its application. The authors note that the institution of tax consolidation today is presented in the tax systems of most modern countries.
The practice of applying the institution of consolidated taxpayers’ groups testifies to the existence of a significant number of advantages and disadvantages of tax consolidation in Russia. The moratorium on the creation of consolidated taxpayers’ groups, due to the contradictory nature of their influence on the structure of regional budgets, the main directions of the tax policy of Russia testify to the forthcoming reform of tax consolidation in Russia.

Conclusions. The emergence of the institution of tax consolidation is a natural consequence of the development of the world economy. Most developed countries of the world actively introduce elements of consolidation into taxation systems, successfully providing a balance between the positive and negative consequences of its implementation. Meanwhile, the level of preparation and implementation of tax consolidation in Russia at the moment is not high enough, so the institution requires a consistent reform.

Subject. The influence of internationalization of tax law on Russian tax law enforcement in the area of corporate taxation is considered in the article.
The purpose of the paper is to analyze influence of internationalization of tax law on Russian tax law enforcement in the area of corporate 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 methods of comparative law.
Results, scope of application. The development of Russian tax legislation is influenced by acts of international organizations, primarily the Action Plan aimed at combating base erosion and profit shifting (BEPS).
Trends of regulation of corporate taxation in relationships with participation of a foreign element are considered in the article. The main issues of realization of norms in the area of corporate direct taxation are brought into light, and namely, taxation of royalties, intra-group expenses, thin capitalization rules and transfer pricing. Tax agreements concluded by the Russian Federation do not contain special rules aimed at combating abuses (in contrast, for example, from European anti-avoidance rules).
In recent years Russian tax law introduced institutions that had been established and applied in the tax law of foreign countries. These processes are moving forward and are characterized by frequent changes of legislation, which indicates that the concept of deoffshorization and implementation of the BEPS plan is not always elaborated at the stage of adoption of bills.

Conclusions. The author comes to the conclusion that the most relevant and most controversial issues are taxation of payment of royalties, debt financing and intra-group expenses. The practice of applying the CFC rules is just starts forming. In addition, there is a tendency to increase the quality and quantity of information sources used by tax authorities to collect evidence, including the expansion of the practice of information exchange.

The subject. The article is devoted to the description of the basic functions of self-regulating organizations: regulatory, control, organizational and security, jurisdictional.
The purpose of the article is to explore the content features of self-regulating organizations, to identify problems in their implementation and offer recommendations for their solution.
Methodology. The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description); private and academic (interpretation, formal-legal method).
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. Set forth in the Law on SRO powers to self-regulating organizations United by the author and summarized as to their functions – activities of the SRO. The main functions of the SRO as special entities, the following:
– regulatory, which manifests itself in the development of standards and rules, conditions of membership in self-regulating organizations and other internal documents SRO;
– control: self-regulating organizations exercise control over the professional activities of its members;
– organizational and security: an example of this function is the maintenance of the register of members of the SRO, ensuring property liability of members of self-regulating organizations to consumers of goods (works, services) and other persons forming management authorities of the self-regulating organization, lodging of statutory documents and information on the official website of SRO;
– jurisdictional: SRO consider complaints against actions of members of self-regulating organization and cases on breaches of its members of the standards and rules of self-regulating organizations, conditions of membership in self-regulating organization, apply disciplinary measures against its members.

Conclusions. The combination of ongoing self-regulating organizations against their members functions determines features of the legal status of SRO.
Analysis of peculiarities of self-regulating organizations of these functions has allowed the author come to the conclusion that, at present, administrative and legal status of self-regulating organizations in need of further refinement, since the content of normative legal acts regulating relations in the sphere of self-regulation, often contradictory and requires improvement.
In the case of mandatory self-regulation SRO vested with the special administrative-legal status, carry out in relation to their member state authority, which means that the implementation of these authority relationships are vertical.

The subject. The article focuses on the need to improve legislative and law enforcement activities related to the consolidation of constituent entities of the Russian Federation additional guarantees of realization of constitutional human and civil rights and freedoms.
The purpose of the article is to identify main ways of improvement the legal regulation additional guarantees of realization of constitutional human and civil rights and freedoms by the constituent entities of the Russian Federation.
The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method.
The results and scope of application. The lack of unity in understanding the essence of additional guarantees of realization of rights and freedoms requires not only theoretical analysis of this legal category, but a consistent system of the legislation, and corresponding to the system of law enforcement practice. The legal establishment of the additional guarantees of realization of constitutional human and civil rights and freedoms, due solely to the will of the legislator of a constituent entitiy of the Russian Federation aimed at the concretization of constitutional rights and freedoms as well as of the security mechanisms (legal conditions, means) of the implementation of these rights. Features of development of the corresponding constituent entitiy of the Russian Federation should be taken into account.
One of the main directions of improvement of legal regulation in this field is legislative recognition of additional guarantees of realization of constitutional human and civil rights and freedoms established by the constituent entities of the Russian Federation. This concept should be reflected in the Federal law of October 6, 1999 No. 184-FZ "On General principles of organization of legislative (representative) and executive bodies of state power of constituent entities of the Russian Federation", as well as in the constitutions (charters) of constituent entities of the Russian Federation. The consolidation of this concept in the legislation will be the impetus to the theoretical analysis of this legal category, and will ultimately contribute to the improvement of the legal status of the individual.

Conclusions. Improvement of regional legal policy in the sphere of establishment additional guarantees of realization of constitutional human and civil rights and freedoms by subjects of the Russian Federation has great practical significance and contributes to the theoretical knowledge of the specified legal category.

The subject. The article presents a special study of the law enforcement practice of electoral legislation made by a court of various instances in the process of elections to the Omsk City Council of the sixth convocation held on September 10, 2017. The collision arises between the enforcement of federal and regional legislation is analyzed in the article.
The purpose of the article is to find the ways of solving the conflict that arose during thr enforcement of federal and regional legislation regarding the verification procedure of voter’s signature.
The methodology. The methods of analysis and synthesis are used. The focus of the scientific analysis concerns the courts decisions.
The results, scope of application. In the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation” of June 12, 2002, No. 67-FZ, the last paragraph of par. 8 of art. 37 fixes a set of issues established by the law of a sub-sovereign entity of the Russian Federation in holding the elections to a representative body of local self-government. In 2003, the regional law No. 456-OZ “On Elections to Local Self-Government Bodies of the Omsk Region” was passed, in which issues referred to the jurisdiction of the subject of the Russian Federation in the last paragraph of par. 8 of art. 37 of Federal Law No. 67, were not confirmed, especially with regard to the consolidation of the verification order of voters' signatures and grounds for recognition these signatures invalid, and (or) invalidated. At the same time, the Federal Law “On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies” No. 138-FZ of November 26, 1996, which in par. 2 of art. 1 "registered" the mechanism of its application in case of unsettledness, even with regard to the right to elect and be elected to the bodies of local self-government by the law of that body.

The nsettledness concerns the verification order of authenticity of voters' signatures in candidacy lists when nominating candidates for representative bodies of local self-government.
Conclusion. The article considers the sequence of solving this problem by the courts of the first, appellate and cassation instances, as a result of which the essence of the collision does not find its material and procedural solution, still remaining a gap both in the legislation and in the activities of federal control and supervisory bodies.

The subject is constitutional legal issues of urbanization in Russia.
The purpose of the article is to identify main constitutional legal problems of urbanization in Russia and suggest the ways of their settlement.
The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.
Results and scope of application. Number of problems of constitutional and legal regulation and law enforcement in the context of urbanization were analyzed. The role of cities and villages in the formation of Russian society and the state, legal and socio-economic features of law enforcement in urban and rural life, the impact of scientific and technological progress on cities were studied.
The author believes that the Russian Constitution is "the Constitution of cities" because almost any legal peculiarities of the constitutional legal regulation of the forms of urban and rural life are not incorporated. It is one of the causes of the degradation of the modern village. "City state" formation anticipated a number of negative factors. The author identifies the factors that determine prospects of the development of modern law enforcement in a situation of global urbanization.
Conclusions. The urbanization process cannot be artificially stimulated in favor of doubtful socio-economic achievements. We can’t ignore the quality of law-creation from the point of view of realization of interests of the population and ensure effective law enforcement at all levels of government and management.

Subject. The article is devoted to the discussion issues of competence of local self-government.
The purpose of this paper is to show that the federal government passes such laws in order to build a single “power vertical” from a rural settlement to a constituent entity of the Russian Federation and above, since from his point of view it is easier to carry out public administration.
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. The competence of local self-government bodies consists of two parts: compulsory competence and optional competence. The compulsory competence includes issues of local importance of municipalities and certain transferred state powers. The optional competence of local self-government bodies includes the rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities and other issues not within the competence of local government bodies and not excluded from their competence by federal and regional legislatures. Certain transferred state powers should not prevail over the powers related to the solution of issues of local importance and determine the functional purpose of local self-government bodies as such. It can be assumed that by their nature they should be related to the immediate interests of the local population.
The rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities are neither issues of local significance nor transferred by separate state powers. The meaning of their consolidation in Federal Law No. 131-FZ is to transfer to the local self-government authorities of powers which the state authorities cannot perform, but without the transfer of the corresponding material resources and financial resources that local governments should seek independently. The author offers his own solutions of this problem.

The author criticizes the institution of redistribution of powers, since this institution contradicts the Constitution of the Russian Federation and the European Charter of Local Self-Government and comes to the conclusion that the issues of local importance of different types of municipalities overlap, as well as duplicate part of the powers of state authorities of the subjects of the Russian Federation
Conclusion. The new attempt to build a single vertical of power, which has been repeatedly undertaken in the history of Russia, is doomed to failure with all the ensuing consequences, especially acute during the economic crisis.

The author identifies three models of national criminal policy: the sovereign, reformist and experimental. The main criteria of such differentiation are the exposure to global influence, the criminological soundness and stability of criminal policy. Identification of the model of criminal policy in a particular state is a complex task that requires independent research.
The subject. The article is devoted to modeling of the national criminal policy in modern conditions of globalization. The article discusses various models of criminal policy in the conditions of globalization.
The purpose of the author is to describe the basic models of national criminal policy in modern conditions of globalization.
The methodology. The author uses the method of analysis and synthesis, formal legal method as well as sociological methods (survey).
The results, scope of application. The author identifies three models of national criminal policy: the sovereign, reformist and experimental. The main criteria of such differentiation are the exposure to global influence, the criminological soundness and stability of criminal policy. The sovereign model is based on doctrine of weak state and a strong combat criminal activity. It is distinguished by the pursuit of the realization of the equality of all before the law, criminal strategic and political planning system with a clear definition of goals and objectives; criminological security. The reform of criminal policy is characterized by

uncertainty goals and objectives, utopianism and pretentiousness, dependence on standards of the international organization, the lower prestige of criminology, reduction of social programs, lobbying of group interests, permanent amendments to the criminal and criminal procedure legislation. Experimental model of criminal policy is connected with approbation of such technologies of management of society that are criminal and contrary to human experience in fighting crime.
Conclusions. Criminal policy of the various states tends by globalist influence more or less. The desire for sovereignty in every sphere, including criminal justice, results the imposition of sanctions by the globalist structures. Reformist penal policy expresses the loss of a strategic, informed criminological development goals of criminal justice, and, as a rule, corresponds to the group, not the public interest. Experimental criminal policy demonstrates a high rate of development and takes a growing place in the globalist projects with an anti-Russian content.

The subject. The article is devoted to the analysis of ongoing systematic reform of Chinese anticorruption legislation and practice of its enforcement.
The purpose of the article is to formulate ways of improvement Chinese anti-corruption legislation.
The methods of legislation analysis and synthesis of legislative gaps and contradictions are used.
The results, scope of application. Nowadays, China is moving from the struggle against corruption by political means to the struggle by legal means. In attempt to construct a system of anti-corruption legislation, China is actively forming a dualistic normative system and a mechanism for the interaction between party norms and state legislation. A multilevel vertical-integrated system of anti-corruption legislation with "The anti-corruption law" as a core was created; the Party is stressing the priority status of preventive legislation and the auxiliary role of legislation on control over power. This system should became the basis for building Chinese anti-corruption legislation. The author formulated a system of principles of Chinese anti-corruption legislation, including the principles of efficiency, consistency, economy and gradualism. The importance of the anti-corruption legislative program, the task formulated in 2015, is underlined. The list of the main anti-corruption legislative acts has been determined, including legislation in the aspects "do not dare to take [bribes]", "cannot take [bribes]" and "do not want to take [bribes]". The problem of improving the legislation in the "do not dare to take" aspect have been specially considered, including improvement of criminal legislation, adoption of the law on accountability and responsibility of public servants, as well as the adoption of an anti-corruption law. The main alternatives and problems of improving legislation in the context of "not being able to take" are considered, such as adoption of laws on declaration of property of public servants, on pre-vention of conflict of interests, on transparency of the administration, on public hearings, and the improvement of party norms.

Conclusions. China is experiencing a crucial turning point in the fight against corruption since the beginning of the modernization transformation and is in the strategic "window of opportunities". Active and systematic construction of anti-corruption legislation, the transit from formal counteraction to real counteraction is the key to overcoming the current "corruption crisis with Chinese characteristics".

The subject. The article analyzes the rules for the appointment of punishment in the case of a pre-trial cooperation agreement, with a special procedure for the trial and with a shortened procedure of conducting inquiry, regulated by art. 62 of the RF Criminal Code “Turning out a Sentence when Mitigating Circumstances Exist”. The authors give an answer to two questions: 1) Does the legal nature of these institutions correspond to the legal nature of mitigating circumstances; 2) Is it advisable to consolidate in a one article of the law different legal regulations.
Methodology. Authors use such researching methods as analysis and synthesis, formally legal, comparative legal.
Results. Rules for the appointment of punishment in the conclusion of a pre-trial cooperation agreement, stipulated by the pt. 2, 4 of art. 62 of the RF Criminal Code, regulate not the order of accounting for mitigating circumstances, but the legal consequences associated with the promotion of a person, which concluded and executed a pre-trial cooperation agreement, that does not correspond to the legal nature of the pt. 1, 3 of art. 62 of the RF Criminal Code.
The legal nature of the rules for the appointment of punishment, established in pt. 5 of art. 62 of the RF Criminal Code, also does not correspond to the legal nature of the rules for the imposition of punishment in the presence of mitigating circumstances, because mitigation of punishment occurs on criminal procedural grounds, which are not mitigating circumstances.

Conclusions. In authors opinion, fastening in art. 62 of the RF Criminal Code of three independent rules for the imposition of punishment, namely, the rules for the imposition of punishment in the presence of mitigating circumstances (pt. 1, 3 of art. 62 of the Criminal Code), at the conclusion of a pre-trial cooperation agreement (pt. 2, 4 of art. 62 of the Crim-inal Code), with a special order of the trial and a shortened procedure for conducting an inquiry (pt. 5 of art. 62 of the Criminal Code) is unreasonable and inexpedient, because these rules have a different legal nature.
Formalized limits of mitigation imposed at all parts of art. 62 of the Criminal Code of RF, are not connected with each other.
Rules for the imposition of punishment in the conclusion of a pre-trial cooperation agreement, with a special procedure for the trial and a shortened procedure for conducting inquiry have to be deleted from art. 62 of RF Criminal code and have to be consolidated at separate articles of the Criminal Code.

The object of research is a relationship between ECHR and constitutional courts in various jurisdictions.
The main aim of this article is to research the conflict between opinions of ECHR and national Constitutional courts, and also to find the root of this conflict.
The methodology of this research consists of universal methods (such as analysis, synthesis, comparison) and jurisprudence-specific methods.
In the course of research, the author used various theoretical sources, ECHR case-law and decisions of various national Constitutional Courts.
Results. At this point of time, there are many theories that try to explain the relationship between international and national law. But their functioning can be observed only in practice. Many jurisdictions adhere to the concept of Dualism.
National Constitutional courts may perceive legal opinions in two different ways: adhere to the legal opinion of ECHR or reach a different conclusion, different to that of ECHR.
Because national Constitutional courts and ECHR employ different systems for establishing whether rights of the claimant were violated or not, courts may give more weight to the different factors.
In the article, the author focuses attention on such reason of the conflict as justification for limitation of one's rights.
Conclusions. Conflict of legal opinions of ECHR and national Constitutional courts is of axiological nature. Conflict per se does not imply that a given national government decided to breach its international obligations. Because of subsidiary nature of ECHR protection, conflicts is rather an exception that could be dealt with than a rule.