Eduard Georgievich Lipatov
Chair at the Department of Administrative and Criminal Law, P.A. Stolypin Volga Institute of Administration (the brunch of RANEPA – the Russian Presidential Academy of National Economy and Public Administration), Doctor of Juridical Sciences, Professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: today we face dominate opinion that the concept of “minimal” effective state which is symbol of the triumph of the West cannot be realized (always and everywhere) through the simple reception of constitutional democratic principles. Relevance of the article is caused by the necessity to describe the relation between public development and current legal forms of choice of patterns of economic behavior used by authorities. These forms have been establishing in the process of historical development of state as the criteria of its ability to respond any provocation of time. The subject of the present research is sustainable views and beliefs concerning authority functions marked as cultural heritage of many countries. This cultural heritage is expressed through the awareness of the need to save unlimited opportunities of state in the sphere of use public sources for strengthen its military and political status. Such a heritage also tends to be a barrier for limiting the authorities in their choice of rational way of economic development. The article is aimed to analyze certain stages of historical development of Russia when necessity of authorities' freedom in the economic sphere was established as a sustainable belief. To achieve this aim, the author uses both general theoretical and special methods of cognition: analysis, synthesis, logical, dialectic, historical, systemic-structural methods, as well as methods of comparative law, analytical interpretation of legal norms. The novelty of this approach is that the author describes historical grounds of the constitutional form of choosing pattern of economic behavior typical for Russia. Today this form works in different state and legal institutions but sometimes it expresses in such a competence differentiation between authority levels which shapes temptations for political powers to get out of the way of creation of societal wealth but to get on the way of redistributive policy serving their own military and political ambitions.

Keywords: constitutional democracy, cultural heritage, economic behavior, competence differentiation, redistributive policy.

Aleksej Nikolaevich Stankin
Candidate of Juridical Sciences, Associate Professor at the department of Constitutional and Administrative Law, Tolyatti State University, Docent
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it. 

Annotation: last two decades special attention is paid to the issues of constitutional responsibility but at the same time there is nearly total absence of works covering its correlative category which is constitutional irresponsibility. It causes the relevance of doctrinal research of these legal phenomena. The subject of the article consists of constitutional responsibility and constitutional irresponsibility. The author dynamically describes general theoretical approaches to legal responsibility and irresponsibility from the point of view of constitutional law. The research is aimed to cover legal origin of constitutional responsibility and irresponsibility as correlative legal phenomena and their interconnections. To achieve this aim the author uses such general scientific and specific methods as: dialectical, systematic and formal juridical ones, induction, deduction, etc. The author underlines that constitutional and legal responsibility is characterized by special sorts of legal responsibility, they are normative force, wrongfulness, culpability, punishability. Besides these points constitutional responsibility is connected to state enforcement. The author claims that constitutional responsibility has dual-aspect nature. It means that it can differentiated as “positive” and “negative”. At the same time constitutional irresponsibility is the consequence of imperfection of legislation system or non-performance and failure to perform obligations by object of constitutional law. The author depicts interconnection between constitutional irresponsibility and issues of lawmaking and law enforcement. The author concludes that constitutional irresponsibility is tends to be the lack of realization of measures of constitutional responsibility prescribed in constitutional legislation. On the author's opinion it happens in the result of imperfection of norms of constitutional law or non-performance (failures to perform) of duties by subjects of constitutional correlations. The novelty of the research lies in systematic approach to correlative categories of “constitutional responsibility” and “constitutional irresponsibility”. This approach helps to describe current problems in this sphere from all the possible sides. The author claims that it is necessary to create basic system-building document, kind of a “map” in the sphere of legal responsibility which can lead law-makers to fill the legal gaps. The present research is supported by the Russian Fund of Fundamental Researches (RFFR), project number 19-011-00083 À “Legal responsibility in mechanisms of providing national security”.

Keywords: constitutional responsibility, constitutional irresponsibility, Constitution, law, breach of law.

Petr Pavlovich Sergun
Professor of the Administrative and Municipal Law department, Saratov State Law Academy, Doctor of Juridical Sciences, Professor, Honored Lawyer of RF
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: the relevance of the article is caused by searching options to optimize state administration, it is mostly active in recent years; it is especially true for the system of law-enforcement authorities because the power of the President of RF and the Chairman of RF Government applies for clarification. It is significant not for federal level of power only but for the regional one as well. This fact causes the interest to the administrative legal status of persons holding the highest public office of a constituent entity of the Russian Federation; that defined the subject of the article. The purpose of the article is to clarify administrative and legal status of persons holding the highest public office of a constituent entity of the Russian Federation and to propose measures aimed to increase requirements to substitutions of government posts, particularly in the sphere of medial and psychophysical survey. To realize the purpose the author uses the following methods: general scientific (analysis, synthesis) and private legal (formal legal, comparative legal) methods. The newness component of the research consists of analysis of regional legislation regulating positions of persons holding the highest public office of a constituent entity of the Russian Federation; the author proposes to approve legislative acts for medical and psycho-physical survey of persons applying to substitute governmental posts.

Keywords: law-enforcement power, person holding the highest public office, constituent entity of the Russian Federation, options, medical and psycho-physical survey.

Andrey Sergeevich Volkov
Associate Professor of Justice and Law-Enforcement Department, Saratov Social Economic Institute (the brunch) of Plekhanov Russian University of Economics, Candidate of juridical sciences, Docent
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Oleg Alexandrovich Firsov
Associate Professor of Justice and Law-Enforcement Department, Saratov Social Economic Institute (the brunch) of Plekhanov Russian University of Economics, Candidate of juridical sciences, Docent
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: due to the socio-economic changes in the life of our country one of the society's main tasks is to build a legal state. The legal culture in general and the culture of investigation activities in particular are the components of successful construction of a legal state. Lack of legal culture of investigation activities causes violation of the rights of citizens and legislation, irresponsibility, investigator's professional deformation, and other negative consequences. This fact justifies the relevance of complex learning of aspects of investigator's legal culture. Investigator's legal culture is recognized as some kind of intellectual capital which can be a guarantee of providing legality and validity of law-enforcement. The subject of the article is the gaps in legal cultural level of investigation activities influencing the process of investigation and investigator's authority (investigator is viewed as an official and representative of law-enforcement power). The purpose of the work is to analyze violations in investigative activities related to the application of criminal procedural law, moral and ethical standards, criminalistics recommendations, and identification of possible ways to eliminate them. To achieve this purpose the authors use methods of a comprehensive study of phenomena and processes in their interconnection and interdependence, the dialectical relationship of the essence, content and forms of human activity. The scientific novelty of the work is to substantiate the conclusion that there is a stable connection between the shortcomings in the activities of individual investigators and the level of legal culture. The authors propose to improve the level of legal culture through unity in the organization of investigative activities, in its leadership, in its resource (material and technical and personnel) support, and uniform methodological training for investigators.

Keywords: legal culture, professional culture, investigator, ethics, tactical approaches, unified investigation body.

Ramil Zyakyarievich Yusupov
Ñandidate of Law, associate professor of the Department of Civil Procedure and Entrepreneurship Law, Samara National Research University acad. S.P. Korolyova
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: responsibility in the sphere of fiscal relations is quite new juridical phenomena. It's appearing is caused by the shift to market economics in Russia and changes in public political order. Budgetary and legal responsibility is one of the means of preventing embezzlement and expenditure of budgetary funds. These negative phenomena limit economic development of Russia and reflect low level of legal culture among participants of budgetary relations. The named facts cause the relevance of the research. The subject of the research is relationships within budgetary and legal responsibility, and norms of financial law, enshrining this legal institution. The purpose of the article is to describe juridical nature of sub-institution of budgetary and legal responsibility; the author bases his research on general legal and dialectic methods of cognition. To achieve the purpose the author analyses such features of legal institution as normative independence, juridical nature, and quantity characteristics of norms. Budgetary and legal responsibility institution is described in connection to other institutions of financial and the other brunches of law. Significant newness component of the article is represented by the author's conclusion about the fact that it is too early yet to recognize budgetary legal responsibility as the separate subinstitution (the brunch) of complex financial legal responsibility institution. The reasons are: lack of norms providing measures of legal responsibility for budgetary breaches; mixture of measures of budgetary and legal defense and budgetary and legal responsibility in the decree area.

Keywords: legal responsibility, financial and legal responsibility, budgetary and legal responsibility, measures of enforcement, measures of budgetary and legal responsibility, institution of legal responsibility.

Ivetta Jur'evna Zakhar'yashcheva
Associate Professor of Arbitral Process department, Saratov State Law Academy, Candidate of Juridical Science, Docent
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Liliya Gennadievna Shcherbakova
Associate Professor of Civil Law and Process department, Volga Institute (the brunch) of All-Russian State Juridical University (RLA (Russian Law Academy) of the Ministry of Justice of Russia) in Saratov; Associate Professor of Arbitral Process department, Saratov State Law Academy; Associate Professor of Civil Law and Procedure department, Povolzhsky Institute of Management named after P.A. Stolypin – branch of the Russian Presidential Academy of National Economy and Public Administration (Saratov), Candidate of Juridical Science, Docent
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: the authors emphasize particular importance of the institution of the return of the claim within the framework of the implementation of the constitutional right to judicial protection. The article contains analysis of certain provisions of the legislation on the return of a statement of claim by an arbitration court (on the example of cases on compensation for damage to the environment), which are currently relevant both in judicial practice and in legal life. The authors note that in relation to the studied issues the legal culture is manifested in the ability of the subject of law to effectively use legal means to protect his right by going to court (his ability to prepare a quality appeal to the court in accordance with the requirements of the law).The subject of the research is the norms of the arbitration procedural legislation, individual works and views of proceduralist scientists regarding issues of reforming the grounds for returning a statement of claim. The purpose of the article is to analyze the reasons for returning the statement of claim in the arbitration process in the light of the ongoing judicial reform in Russia. The authors use laws of formal logics, method of systematic analysis, comparative legal method as the options of scientific cognition. Scientific novelty is determined by a comprehensive study of the individual foundations of the institution of the return of the statement of claim in the arbitration process, on the basis of which the authors develop proposals for its improvement.The main result of the work is identification on the base of the norms of Art. 129 of the Arbitration Procedure Code of the Russian Federation and judicial practice (on the example of cases of compensation for environmental damage) of problems that the legislator needs to solve when making amendments to the procedural legislation. The authors conclude that it is necessary to legislatively enforce the pre-trial (claim) order in cases of compensation for environmental damage.

Keywords: arbitral procedure, compensation for environmental damage, return of claim, claims and other pre-trial settlement procedure.

Ilias Khamzatovich Kasaev
Associate Professor of the department of Criminal Law in Training-Scientific Complex for Preliminary Investigation in Internal Affairs Bodies, Volgograd Academy of the Ministry of Internal Affairs of Russia, Candidate of Juridical Sciences, Docent
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Kseniya Igorevna Bogomolova
Associate Professor of the Criminal Law and Procedure department, Volga Institute (the brunch) of All-Russian State Juridical University (RLA (Russian Law Academy) of the Ministry of Justice of Russia)in Saratov, Candidate of Juridical Sciences
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Yuliya Anatol`evna Panova
Chair of the Criminal Law and Procedure department, Volga Institute (the brunch) of All-Russian State Juridical University (RLA (Russian Law Academy) of the Ministry of Justice of Russia) in Saratov, Candidate of Juridical Sciences, Docent
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: the authors describe issues deal with juvenile delinquency and against the juveniles. The base of the research is the analysis of statistics, legislation of the Russian Federation, and jurisprudence. Lawenforcers note the tendency of increasing level of crime connected to the Internet; mostly disturbing are the cases of involvement of the juveniles in criminal activity. During the last decade more than twenty thousands of crimes against the juveniles are detected in Russia. Nearly the same amount is committed by the juveniles themselves. Wherein the real statistics of juvenile delinquency is much higher than the official data; it is caused by the fact that this sort of crime is highly concealed one. Poor legislative basement, gaps in preventive activities of the state and public organizations, underestimation of the danger of such crimes, crisis in family relations, and destructed ethic grounds of the society, national impoverishment – all these factors caused the fact that Russian child pornography occupies top positions on the paid Internet sites, and the profit is giant. Named factors serve the relevance of the article. The subject of the article is represented by certain kinds of crimes against the juveniles by means of Internet; among these crimes there are offences against sexual inviolability, incitement to suicide, and propaganda of narcotic drugs, psychotropic substances and their precursors.The article is aimed to identify the main ways of involving the juveniles in crimes and to determine certain types of criminal activities against children by means of information and telecommunication network; among these types are: offences against sexual inviolability, incitement to suicide, and propaganda of narcotic drugs, psychotropic substances and their precursors. To achieve this goal, the authors use the basic general scientific methods (the dialectical method of cognition, the method of system analysis, deduction and induction, the methods of comparison and analogy, and a number of others), as well as the formal legal method and the method of legal modeling. The research is based on comparative legal method. The innovative component of the article consists of the concrete measures to prevent juvenile delinquency in information and telecommunication network including measures connected to the raise of the level of legal culture. The authors propose measures to improve criminal legislation in this sphere.

Keywords: juvenile delinquency, legal culture, offences against sexual inviolability, destructive communities, culture of communication in the Internet.

Igor Yakovlevich Selivanov
Postgraduate student of the department of Tax, Administrative and Financial Law of Juridical Faculty, Saratov National Research University
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: the article is dedicated to the complex research of administrative and legal responsibility of such special entities as judges, deputies and prosecutors. The author learns the principle of equality in the practical enforcement of administrative laws for administrative offences, settlement of disputes, and appointment of appropriate punishments. The author underlines the need to consider an administrative dispute through the concrete case circumstances and evident which constitute corpus delicti (without privileges and preferences for guilty opposite); it means that investigator must exclude any kind of discrimination while realizing certain approaches to persons of the same subjective constituency and legal status. The subject of the research is represented by issues of administrative responsibility of special category of individuals. The article is aimed to learn current legislation dealing with regulating mechanism of imposition of administrative sanctions on judges, deputies and prosecutors; to analyze current issues of administrative and legal regulation of responsibility of legal entities; to analyze contradiction points and gaps in legislation system. The author proposes his own options designed to settle these problems and to improve administrative legislation. To achieve these goals the author uses the following methods: dialectical, deduction methods, legal modeling, comparison, and analysis. The author concludes the lack of unite mechanism for imposition of administrative sanctions on legal entities. The essential newness of the research is the author's opinion about the fact that institute of administrative responsibility of special entities applies for unified fixed mechanism within the relevant legislation. The author adds proposes for further testing.

Keywords: administrative offence, administrative responsibility, equality, special subject, entity, deputy, prosecutor, judge.

Evgeniya Pavlovna Parij-Sergeenko
Tutor of State and Law Disciplines, Sochi brunch of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of the Russia), Candidate in Sciences of Public Administration
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: the relevance of the article is caused by the fact that modern legal states (Russia is among them) aspiring to became really social ones try to guarantee deserving life conditions and social security to all their citizens. The subject of the research is pension reform in Russia. The author thoroughly analyzes stage of the pension reform covering the period from 1995 to present days; there is also description of the result of each stage. The author underlines that legal culture consists of the citizens' activity, prompt fulfillment of their duties, full using of provided rights. The article also contains the analysis of decision to raise retirement age; the author describes procedural practice in this area. The aim of the article is to describe the essential features of the pension reform and critically comprehend its result. To achieve this goal, the author uses the basic general scientific methods (first of all, the dialectical method of cognition, the method of system analysis, deduction and induction, the methods of comparison and analogy, and a number of others), as well as the formal legal method and the method of legal modeling. The research is based on the comparative legal method. The novelty of the research is that the author proposes to add some changes in pension legislation. These changes deal with the list of professions marked as hard ones for elderly citizens and aimed to return previous age limit for retirement, to determine correlation between women retirement and number of children on her maintenance, and to approve half retirement. The author concludes that the bill intended to the right to get payments from non-state pension funds before age of retirement is tend to be positive change in current legislation.

Keywords: social policy, social security, pension security, pension reform, increase of retirement age.

Vladimir Glebovich Dorogin
Associate Professor at the Department of Legal Enforcement in Economic Activities, Saratov Social Economic Institute (the brunch) of Plekhanov Russian University of Economics, Candidate of Juridical Sciences, Docent
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Roman Vladimirovich Dorogin
Lecturer at the Department of Constitutional and Administrative Law, Saratov Military Institute of National Guard, Candidate of Juridical Sciences, Docent, Lieutenant-Colonel of Justice
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: modern social economical conditions and Russian position in world economic and political system applies for such a model of economic growth which can insure investment climate relevant to requirements of dynamic development. One of the factor of such development is optimal correlation between power supervisory oversight bodies and objects of business activities, allowing to serve both public interests (as well as sequrity) and effective growth of business sphere. The relevance of the article is caused by objective set by the President of RF in his message to the Federal Assembly in February 2019 which deals with total recycling of departmental administrative regulations in the area of realizing supervisory oversight authorities. The article discusses measures taken by the Government of the Russian Federation in recent years to radically reform the procedural foundations of control and supervision activities, including the submission for public discussion of a fundamentally new draft Federal Law “On the Basics of State and Municipal Control and Supervision in the Russian Federation”. The authors prove feasibility of total reform of departmental sublegislative component of supervisory oversight activities after adoption of such a conceptually new federal law. The subject of the study is the legal and organizational problems of the administrative and supervisory activities of the new federal service of the national guard forces of the Russian Federation for arms trafficking and private security, detective activities. The article is aimed to work out practical recommendations for improvement of legislation and sublegislative departmental and interdepartmental legal regulation (on the base of analysis of organizational and legal problems of establishment of licensing and authorization work of Russian Guard); and to suggest some ways to optimize organizational and administrative bases of the studied activity. To achieve thin aim the authors use general academic methods (dialectical method of cognition, system analysis, deduction, induction, comparative method, etc.), and formal juridical method, method of legal simulation. The novelty of the research deals with the fact that the authors basing on practical experience suggest the way to solve the range of certain issues caused by temporal troubles of instituting new service and organization of interaction with the Ministry of Internal Affairs bodies. The authors make conclusions 1) there is an increasing need for professional training and re-training of police officials in the system of Russian Guard. The article also contains some authorial options of solving this problem in the future; 2) there is a necessity in formation the system of departmental systematic research of issues of legal, administrative, psychological, and technical kind in the activities of the new separate department. This system is sentenced to be built on the base of educational institutions.

Keywords: supervision, oversight, business activity, security of legal persons' and sole proprietors' rights, Ministry of Internal Affairs of Russia, Russian Guard, private security industry, traffic in arms, rules of coordination, training of stuff, skills development.