Ivan Vladimirovich Leksin
Chair of the Legal Foundations of Management Department of Public Administration Faculty, Moscow M.V. Lomonosov State University, Doctor of Juridical Science, Associate Professor
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Skryabin Igor Valer’evich
Associate Professor of State and Law Disciplines Department of Tula Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Juridical Science
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Annotation: the relevance of the issues of legal foundations of rural gatherings’ activity in post-reform period is caused by renewal of traditional forms of rural self governing in modern conditions. This renewed form has got weight and success nowadays but its further effectiveness depends on the use of historical experience of village-community gatherings in the Russian past. The object of the research is rural gathering as the element of legal culture in Tula post-reform village. The purpose of the present paper is to analyze changes and evolution of rural gatherings since the period of serfdom till the period of capitalism development in village. Methodology of the research consists of such general scientific methods of cognition as analysis, synthesis, historicism, comparison, and etc. Basing on analysis of actual materials the author concludes that rural gathering tends to be traditional form of peasant self governing. The purpose of the present paper is to analyze changes and evolution of rural gatherings since the period of serfdom till the period of capitalism development in village. Methodology of the research consists of such general scientific methods of cognition as analysis, synthesis, historicism, comparison, and etc. Basing on analysis of actual materials the author concludes that rural gathering tends to be traditional form of peasant self governing. Within such gatherings people solved problems of village economic, administrative and judicial life. The order of discussion and taking decisions at gatherings provided possibility to save priority of collective interest over the group and individual ones. At the same time, the paper examines moments that do not exclude the influence on the decisions of the gathering by young people and the well-off part of the village, as well as representatives of the authorities, both local and state. It has been established that the legislation on which self-government in the countryside was based was far from to be ideal. The essential novelty of this work consists of the comparison between peculiarities of the activities of community gatherings of different periods before and after the abolition of serfdom. For the very first time the reasons of peasants’ apathy towards self-governing in the end of the XIX century are described and analyzed in details. As a result of the study, the author came to the conclusion that it is necessary to study both positive and negative experience of the activities of rural assemblies of pre-revolutionary Russia. Materials of the article can be interesting for modern experts in self-government sphere.

Keywords: serfdom, peasant community, rural gathering, village self-governing, administration structure, gathering functions, legal culture, mentality of peasants.

Udartsev Sergej Fjodorovoch
Director of Research Institute of Legal Policy and Constitutions Legislation of JSC M. Narikbayev KAZGUU University (Astana), Doctor of Juridical Science, Professor
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Annotation: the author of article notes the importance of space activities for the current stage of evolution of human civilization and the inevitability of the beginning within next 10–15 years of a new stage in the implementation of large space projects. The relevance of the article connected with the issues of perspective tendencies in statehood evolution (which is the subject of the present research). These tendencies must be considered in the process of successful entrance of the society in accelerating multifaceted changes in the conditions of the beginning of the forth industrial revolution. The article is aimed to analyze the emerging evolution of statehood in connection with the developing space activity and the state’s active participation in it. To achieve this aim, the author uses main general scientific methods (dialectical, systemic, deductive and inductive, synthesis and analysis, historical, comparative and a number of others), as well as the formal legal method. It is noted that in parallel with the development of the cosmic sphere, the process of forming the cosmic aspects of the activity of the modern state and its gradual development as a cosmic state coordinating public and private space activity is underway. The article contains several aspect of possible perspective evolution of the state. The author describes main essential (national states and their alliances, mixed, and complexly compound planetary states) and artificial ways of forming cosmic state on the example of emerging unrecognized Cosmic Kingdom of Asgardia. A hypothetical version of external space influence in the future on the possibility of accelerating the creation of a space state and influencing its forms is also not excluded. The author describes possible variants of registration legal status of a cosmic state. It is also claimed that this global tendency of statehood evolution is must be considered both in political and legal doctrine as well as in long term and middle term strategy documents and programs of development of modern state. Some author’s conclusions can be recognized as significantly new ones, they consider: cosmic state as a strategic direction of statehood evolution; natural and artificial (accelerated) ways of forming a cosmic state; predominantly internal and external source of the development of this process and impact on it; process of forming cosmic statehood which flows parallel to the process of formation interconnected system of cosmic legal system in international and national law; pattern of legal fixation of the state cosmic status at a certain stage of its development and possible forms of fixation; the significance of experiment on creation the cosmic state of Asgardia for legal culture cosmization and legal consciousness of modern society.

Keywords: evolution of state, space activity, space law, cosmic state, formation of cosmic state, natural and artificial ways of cosmic state formation, Asgardia.

Selikhov Nikolaj Vasil’evich
Independent researcher, Candidate of Juridical Science
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Annotation: the relevance of the present research is connected to the problem of social opposition in state. It is caused by contradistinction between political representation, civil society and individual. The article is aimed to search basis of solving this issue. The subject of the research is the establishment of a constitutionally declared political-legal regime of democracy and the need to recognize the people as the ruling collective legal subject. In this regard, it is proposed to replace the positivistic views dominating in legal science with a socio-legal approach, to resort to the scientific-evolutionary cognitive structure of the formation of updated knowledge about the government of the people. It explains the use of systematic, dialectical, and other methods. The novelty of the research reveals the author’s explanation of modern national democratic doctrine, determination of conceptual theoretical thesis concerning legal personality of social communities, its structure, and peculiarities of legal theoretical learning at the level of juridical doctrine and practical jurisprudence. The results of the study aimed to reconsideration of theoretical views on the nature of modern society and role of democracy in it’s strengthen; and to improvement of applied categorical apparatus and normative provisions.

Keywords: nation, democracy, public law unity, subject of law.

Vasilij Vladislavovich Trofimov
Director of Scientific Research Institute of State and Law Study, Professor of the Department of Theory and History of State and Law, Derzhavin Tambov State University, Doctor of Juridical Science, Associate Professor
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Vladimir Jur’evich Samorodov
Senior Tutor of the Department of Theory and History of State and Law, Derzhavin Tambov State University
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Annotation: issues of quality and effectiveness of legislative (legal) acts in modern juridical doctrine are the most important and relevant ones. The authors believe that actual approach means to describe these issues from the point of view of culture of organization of law-making process. The paper is subjected to analyze law-making process from the cultural aspect of its organization. It is processed as one of the key-precondition of the effectiveness of final results law-making activity. The authors mention interconnection of low-making results effectiveness and the culture of organization of law-making process and claim the fact of correlation between the law-making culture and the quality of law-making results (the higher cultural level of making of law the higher quality of normative acts of law and the more meaningful their beneficial influence on public processes). The authors also characterize issues of juridical and social effectiveness of legal regulation represented by different structural elements which are essential products of making of law. The purpose of the research is to describe the notion of law-making culture and to give foundation of the importance of cultural organization of this process from the point of view of its factor background (precondition) of law-making effectiveness. The authors use theoretical and methodological foundations of the modern concept of formation of law, the scientific doctrine of law-making, and such basic general scientific methods as the dialectical method of cognition, the methodological basis of theoretical generalization, and the ascent from the abstract to the concrete, the comparative legal method, the method of system research (system-structural approach), instrumental approach in jurisprudence, and the theory of legal technology, as well as a number of other methods and techniques of scientific research. The novelty of this research is represented by original interpretation and understanding of the essential aspects of law-making culture, considering this legal phenomenon as an independent category of the theory of law, as well as proposing and substantiating the system of basic cultural requirements for the law-making process, which are an important component of the set of prerequisites for the effectiveness of law-making results.

Keywords: law, society, culture, formation of law, making of law, law-making process, effectiveness of law, juridical and public effectiveness, legal mechanism, law-making culture, cultural requirements of making of law.

Markunin Roman Sergeevich
Candidate of Juridical Science, Associate Professor of the Theory of State and Law Department, Saratov State Law Academy
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Annotation: the article is dedicated to the learning of issues of local authorities’ and municipal officials’ juridical responsibility and their role in process of legal culture formation. The relevance of the research lies in the fact that current legislation doesn’t have developed integrated system of above-mentioned subjects’ responsibility in legislation. The subject of the research is legal responsibility of qualified bodies of municipal authorities viewed as holistic systematic phenomenon. The purpose of the work is to establish the existing elements of the system of legal responsibility of local governments and their detailed description. The article applies the systematic cognition method, on the basis of which subsequent conclusions are formed. The novelty of the article is to analyze intersystem connections between elements of legal responsibility and to define the problems and options of salvation. The use of general aspects of dialectical logics allows describing the issue of positive and negative correlation of legal responsibility practical expressions and peculiarities of changing sorts of responsibility within the unite system. The results indicate that it is possible to build a system of legal responsibility proposed by the author and can be used in the process of analyzing the characteristics of other legal phenomena. The author concludes that legally established system of legal responsibility of municipal bodies and officials is able to act as one of the guarantees ensuring the high efficiency of the activities of these subjects and the necessary level of their legal culture in general.

Keywords: local governments, system of legal responsibility, feedback, deputy, grounds of responsibility, official, offence, legal culture.

Oksana Alexandrovna Stroeva
Tutor of Special Preparation Department, Luk’yanov V.V. Orlov Law Institute of MVD of Russia, Candidate of Juridical Science
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Maksim Vladimirovich Bondarenko
Associate Professor, Academy of the Federal Protection Service of the Russian Federation, Candidate of Juridical Science, Associate Professor
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Annotation: the main purpose and necessary factor of effective work of Ministry of Internal Affairs are improvement of professional quality of policy officials and permanent development of their qualification level. The daily activities of the police, including the traffic police, should be purposeful, organized, highly skilled, and competent to solve tasks. Under these conditions, the theoretical and legal analysis of individual factors affecting the qualitative state of legality and effectiveness in the traffic police activities, which is of not only scientific, but also practical interest, acquires particular significance. It is necessary for all employees to be aware of their responsibility for stability, law and order in the country. These circumstances explain the relevance of studying a variety of determinants and factors determining the condition of lawfulness in the professional activities of traffic police officers. The subject of the research is theoretical and practical aspects of the rule of law mechanism in the professional activities of traffic police officers. The article discusses some issues of ensuring the rule of law in the traffic police activities, identifies a number of factors contributing to the strengthening of law and discipline. The authors reveal problems of legality in conjunction with legal consciousness, legal culture, legal education, discipline and the rule of law. It is noted that its law enforcement activity is of great importance for ensuring legality in the activities of the traffic police. The research is aimed to comprehensive study of the system of factors determining the state of legality, which ensures a positive result in strengthening the rule of law and improving the efficiency of the traffic police officers. The general methodological basis is the methods of theoretical research (analysis and synthesis of references, legislative acts, and statistical data), logical-legal and system-structural methods. In practical terms, the novelty of the study is determined by the importance of a comprehensive study of the factors determining the state of legality and discipline in the traffic police activities. The effectiveness of the work of traffic police officers, their professionalism and high moral qualities largely determine the results of the activities of the internal affairs bodies as a whole.

Keywords: lawfulness, legal order, discipline, legal culture, law awareness, factor, Internal affairs bodies, police, state traffic police.

Dusaev Rostislav Naufal’dovich, Synberg Kari Kalevi
Professor of the Department of Theory of Law and Civil-Legal Disciplines, Petrozavodsk State University; Chair of the Department of Civil-Legal Disciplines, North Institute (brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Doctor of Juridical Science, Professor
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Special Advisor to the Ministry of Social Affairs and Health of Finland, Doctor of Geographical and Juridical Sciences
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Annotation: the relevance of the article is served by that fact that effective improvement of the local self-governmental system and development of the possibility of further transformation of municipal bodies apply not for new ideas only but for the other countries’ experience in the sphere of municipal building also. In particular Republic of Finland has one and a half century of municipal building experience that’s why lawyer and legislators of our country are interested in learning its transformation process. It is also strengthened by the fact that the Finns carried out the first reforms in this field when their country was yet the part of Russian empire. On the basis (ground) of the network of municipalities of the Republic of Finland, the structure and activities of which were regulated by the Municipal Code of 2015, from the end of 2019 a two-level system of municipalities, similar to the one that has already been successfully tested in the Scandinavian states, should be launched in the country. The lowest level of municipalities should consist of 311 already existing (working) municipalities. The highest level of the planned system should include 18 new administrative units, which will be created instead of the 6 former provinces (the latter were part of the state administration system of Finland, which appeared as far back as 1809). In each of the 18 administrative units, municipal councils, boards, commissions, directorates, committees will be created. The All-Finland Union of Municipalities should also remain in force. Difficult changes in the Finnish self-government began to be prepared after the entry into force of the Municipal Code of 1976. However, the creation of a new self-government system became possible after the forced changes in the system of local government and self-government over the past three years. The subject of this article is the principles of the Finnish municipal construction reform, as well as related regulatory materials. The purpose of the work is to identify the theoretical and legal features of the Finnish community model of self-government (using the example of the Municipal Code of 2015), which has many common features with the Russian post-community model of self-government, as well as the principles of reforming the municipal system that can be used in our country. The methodological basis consists of general scientific methods of analysis and synthesis, as well as structural and functional research. For the first time in domestic juridical literature the authors make analysis of the reform of local self-government currently being carried out in the Republic of Finland (principles and programs for its improvement, attempts to create a two-tier municipal system). The experience of caring out this 6th reform of local self-government can be used by Russian legislators for further development of Russian self-government bodies.

Keywords: Municipal Code, one-level and two-level self-government systems, self-government bodies, functions of municipal bodies, program of development of municipalities.

Bigruzi Bukharinovich Sulejmanov
Chair of the Theory of State and Law Department, North-Caucasian Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Honoured Jurist of Dagestan Republic, Candidate of Historical Science, Associate Professor
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Marina Alexandrovna Dorofeeva
Associate Professor of the Theory and History of State and Law, Law School of the Far Eastern Federal University, Candidate of Historical Science
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Roman Alexandrovich Dorofeev
Associate Professor of the Department of School of Economy and Management of the Far Eastern Federal University, Candidate of Economic Science
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Olga Igorevna Miroshnechenko
Associate Professor of the Theory and History of State and Law, Law School of the Far Eastern Federal University, Candidate of Juridical Science
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Annotation: the paper deals with actual problem of improving the quality of training lawyers in the context of globalization and competitive educational environment. The subject of research is the process of transformation of the Russian education system. The aim of the work is to analyze educational models of foreign universities in relation to their use in the formation of adequate legal culture of specialists. The authors use integrative model of professional competence (studies F. Delamare le Deist, J. Winterton, D. Macleland) and the project “Model 2030: Model of OEEC core competencies” are as methodological base of the research. The importance of changing the approaches to general education humanities, the priority of their role in the formation of the model of the graduate is emphasized. The authors claim that formation of adequate legal culture among graduates of Russian universities is possible only in case of creation of a “universal” that is able to mind and analyze culturological aspect. The authors conclude that foreign experience of building educational problems is based mostly on such pedagogical aims as technical formation of critical thinking and functional literacy rather than on subjective borrowings. The novelty of the research is determined by a comparative analysis of core programs of leading American universities in relation with legal education. The results can be used in the development of educational programs in the framework of the formation of common cultural competencies.

Keywords: legal culture, culturological basis, absolute values, critical thinking, free education, nuclear program, core-program, distributive requirements, opened curriculum, individual educational trajectory, hermeneutics of innovation, softskills, Seth Godin.

Edik Samvelovich Aloyan
Postgraduate Student of the Arbitral Process Department, Saratov State Juridical Academy
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Annotation: the article is dedicated to the description of particular questions connected to the representative’s implementation of his powers in civil and arbitral process as the component of professional legal culture. Issues of judicial representative’s legal position within civil procedure and correlation between rights of the represented person and powers of a representative are still relevant and apply to be additionally researched in details. The subject of the research is norms of Russian procedural legislation and judicial doctrine in the sphere of realization of representative’s legal powers. The article is aimed to form knowledge about the essence of legal authorities of procedural agent in civil procedures. To study the topic the author uses general scientific (logical induction, deduction, analysis and synthesis, systemic and functional) and private law (historical-legal, formal-legal, comparative-legal) methods. The author gives the foundations of the fact that procedural subjective rights tend to be many-sided category which reflects part of citizens’ subjective rights and shows that right belongs to a particular object able to carry out specific legal proceedings. For a legal representative it means that his procedural subjective rights are largely delegated, which directly affects their scope and mechanism of implementation in legal proceedings in civil and economic cases. The author concludes that the legal nature of powers of procedural representative implies the simultaneous existence of rights and duties aimed at the implementation of procedural actions in the interests and on behalf of the principal deal with all the legal implications arising from these actions for the represented person.

Keywords: legal powers, procedural representation, civil and arbitral process, subjective procedural rights and duties.

Emir Rasulovich Omarov
Applicant for scientific degree, Academy of Administration of Ministry of Internal Affairs, Rear Services chief of LR (Leningral region) MIA (Ministry of Internal Affairs) at station Moscow – Leningrad TA (Transport Administration) of MIA in Central Federal Area
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Annotation: the relevance of the article is served by public danger arising during the protest actions and increase of their intensity. The subject of the article is protest actions and behavior of law enforcement bodies in such conditions. Citizens’ involvement in such actions contains both positive and negative aspects. Positive ones are connected to involvement of social groups in particular processes of public administration. Negative aspects are represented by citizens’ unwillingness to participate in political life of the society. The dangerous aspect is that publicity’s “neutral attitude” possibly leads to extreme expressions such as protests, and to more dangerous activity which is extremism. The present research is aimed to describe the essential nature of extremism expressions caused by protest actions; to determine ways of improvement of legal background law enforcement bodies’ activity in such conditions. By use of scientific methods of searching sources and analysis the author tries to determine the role of Internal Affairs’ bodies in the conditions of protest actions. The author describes theoretical aspects of citizens’ political involvement in frameworks of current political system, its negative expressions, law enforcement bodies’ activity towards saving public order during protect actions in conditions of necessity to keep up legal culturen and follow direction of legal improvement of Department of Internal Affairs’ activity. Scientific novelty of the article consists of foundation of DIA’s (Department of Internal Affairs’) role in guarantee of public security during protest actions in conditions of social-economic and political intensity.

Keywords: improvement of Department of Internal Affairs’ activity, extremism activity, protest actions, forms of protest actions, extremism, crimes of extremism types, public danger.

Oksana Sergeevna Skakun
Referent of the International Law and Cooperation Department of the Ministry of Justice of the Russian Federation, Candidate of Juridical Science
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Annotation: system of international arbitration mechanism of settlement of investment disputes is one of the most relevant legal problems of international correlation. Within the short period investment arbitration demonstrates rapid development and becomes the subject of discussion for many international institutions. The subject of the present research is study of international legal practice in settlement of investment disputes in arbitration courts. The paper is aimed to analyze international agreements of the Russian Federation and current legislation including peculiarities of the reform of the system of settlement of disputes between investors and states. In particular it deals with new concept of concluding investment treaties which should stimulate increase of legal culture in the relevant sphere. To achieve the aim, the author uses basic general scientific methods (the method of system analysis, methods of comparisons and analogies, and a number of others), as well as the formal legal method and the method of legal modeling. The author describes the problem of increasing criticism towards investment arbitrations. The criticism touches their inconsistency, unclearness, and lack of impartiality. The article contains analysis of arbitrary practice and description of its main tendencies. The results of the research can be applied in the developing approaches to reforming current system of resolving investment disputes between investors and states, including increasing the legal culture level. However the issue of future directions of the development of considerable institution remains discussible.

Keywords: international investment arbitration, disputes between investors and states, settlement of disputes, ISDS, diagonal disputes, investment treaty, international investment arbitration, foreign investor, foreign investments, interpretation of international disputes.

Anton Alexandrovich Vasil’ev
Director of Law Institute of Altay State University, Chair of the Theory and History of State and Law Department, Doctor of Juridical Science, Associate professor
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