The article is devoted to the analysis of the legislation
on criminal liability for acquisition, storage,
transportation, processing for sale or it is sold
obviously illegally prepared wood. It is investigated
the main and qualifying signs of the corpus delicti
provided by Art. 191.1 of the criminal code of Russian
Federation, and features of legislative technology of
creation of norm on responsibility for this crime. Some
problems of qualification of the specified crime and its
separation from adjacent structures of crimes are noted
The authors of the article consider and analyze various
points of view upon hereditary legal relationship and
the nature of universal succession to the inheritance.
The matter of hereditary legal relationship appears due
to the death of the testator. Hereditary legal
relationship arises on various bases, which grow from
the facts: discovery of inheritance, acceptance of
inheritance, refusal of inheritance, execution of the
will, hereditary transmission and other legal
relationship. The authors come to the conclusion that
the change of the testator as subject in any of the legal
relationship existed during his lifetime is impossible
without the whole complex of the hereditary relations,
and while some (the relations on protection of
hereditary property, division, etc.) can be avoided in
the course of transition of hereditary property, the
others (discovery of inheritance, acceptance of
inheritance) are necessary. In each legal relationship
the successor perceives the whole legal situation of the
testator, that is in each legal relationship the rights
which are the object of the relation will be passed to
him. The contents of hereditary legal relationship
claim that inheritance represents the transition order
protected by the law after the death of a citizen
(testator) of the things owned by him on the right of a
private property, the property, and also property rights
and duties to one or several persons (successors) as
universal succession. In the case of universal
hereditary succession, the rights and duties are passed
to the successor with one act, without a transfer by
their first owner, and the passed rights and duties
continue to be estimated on the identity of the first
owner. Finally the authors come to the conclusion that
universality designates transition of the rights as well
as the testator’s duties (except those inseparably linked
with the identity of the testator) as a whole when the
successor can't selectively accept some rights and
duties, having refused the others. Restriction of
responsibility of the successor for the testator's debts
with the size of hereditary volume does not change the
essence of universal succession in this regard
This article "The Procedural relations of the
Prosecutor and the investigator according to Charter
of criminal proceedings 1864" is devoted to the
investigation of some historical aspects of criminal
and legal proceedings of the Prosecutor and the
investigator according to Charter of criminal
proceedings 1864. It discusses the Prosecutor’s and
the investigator’s functions and competency in
comparison with the current criminal procedure
legislation, there is continuity of many of the
provisions as well
The article explains that legal designation of criminal
procedure principle of criminal proceedings language
(in the article 18 of the code of criminal procedure it
was called "Criminal proceedings language") cannot
be recognized as sufficiently accurate. There are
arguments in favor of changing the title of this article
and labeling it as the in the law "Principle of the state
criminal proceedings language" in this article
The article is devoted to one of the most disputable
categories of jurisprudence – to the contents of Building
leasehold. In the article there has been presented the
research of the legal nature of the institution of building
leasehold (superficies). There have been traced the
particulars of formation of the Roman legal (classical)
model of building leasehold and the interpretation of
this institution in foreign civil legislation. It has been
noted that certain countries apply the classical Roman
model of building leasehold while others use the model
of "the shared property" of the land plot and of the piece
of the estate built on this plot. There was conducted the
analysis of the German model inheritance law of
building leasehold on the basis of which there was
made the conclusion about its independent nature and
uniqueness. The historical and the comparative legal
methods of the research have enabled to identify the
essential differences of the employed models of
building leasehold and the specific features of their
application in the countries of roman-germanic law and
in the Commonwealth of Independent States. There
have been studied the approaches of the domestic
civilized doctrine in terms of building leasehold and the
specific features of its implementation in the draft
version of the Civil Code of the Russian Federation.
There has been affirmed that the draft version of the
Civil Code of the Russian Federation admits the
existence of the two models of the building leasehold:
the design one and the classical one. There has been
applied critical approach to the analysis of the design
model of building leasehold in comparison with its
Roman and Germanic legal constructions; there have
been presented recommendations for its improvement.
It is proposed to abandon the temporary ownership of
the premises in the building constructed based on the
Treaty on the law of the land. We proposed to replace it
with a specific property right – "right of superficies". Its
essence consists in the right of possession and use of
facilities of a building constructed in accordance with
the Treaty on the law of the land
This article is devoted to the analysis of the historical
event which was signing the Manifesto of 15 March,
1917 about abdication by the Nicolas II. We have
considered the place, the role and the importance of
the Russian emperor abdication in the decline of the
Russian state system and the influence on declining of
morality of Russian society in connection with the
ensuing historical events. Using of the foundations of
the constitutional system allocated by modern science
of constitutional law, the authors conducted a
comparative analysis of changes in the constitutional
system of the Russian Empire, related to abdication of
Nicolas II. The authors deliberately equated the
concept of «the constitutional system» and «the state
system» for evidence of existing state. As a result of
the analysis, the authors concluded that the Russian
Empire was characterized by signs of the state system,
rather than the constitutional system in its modern
sense. The signs allocated by authors are important
for application of experience of the events occurring in
the state during the reign of Nicolas II for their use and
practical implementation at the present stage of
development of the state. The authors do not agree
with the point of view prevailing in historical science,
defining Nicolas II as emperor, who preserved the
remains of statehood in a difficult time for the Russian
Empire and saved society from destruction. On the
contrary, the authors consider that inconsistent
destructive actions of Nicolas II caused the collapse of
Russian Empire
The article deals with the analysis of the role and place
of court practice in the system of civil-law sources.
The author introduces a debatable matter of the
possibility to acknowledge the Russian law as case
law; analyses significance of the judicial practice in
the system of sources of the Russian law; outlines
positions of experts on this matter and draws her own
conclusions. The article provides a review of opinions
of Russian law academics' and practitioners' on the
topic of acknowledgement of judicial practice as a
source of Russian law. The author debates and further
concludes that assigning courts with the law-making
function would benefit the efficiency of current
legislation refinement. The author draws a conclusion
that in the continental legal family court practice,
which earlier wasn't considered a civil-law source,
started gradually to turn into a secondary after civil
legislation law source. The reason for it is because of
more complicated social relations civil legislation
failed to cope efficiently with the detailed legal
regulation which is needed in property relations
reglamentation. The author reveals the difference
between the notions of "court practice" and "judicial
precedent" and concludes that vesting courts with law
making power can facilitate the improvement of the
legislation in force, as well as the development of the
civil law regulation. The final conclusion is that the
litigation irrespective of the form of expression cannot
be the independent source of law
Level analysis of law enforcement cooperation
between private legal and public legal origins was
conducted in the aspect of dual nature of dispositivity
in court jurisdictional process. On the basis of
legislation’s investigation it is found that the
apprehension of dispositivity on doctrinal level as the
principle of judicial process, restricted by private legal
aspect, doesn’t correspond to its legal dual-nature. It is
showed that cohesive perception of dispositivity in
court jurisdictional process is possible under the
condition of its binary perception based on
investigation of its private legal and public legal
origins, providing their harmonic unanimity in the
framework of dualistic approach. It the article it has
been stated that even under the conditions of court
process’ parties’ interests’ contradiction their
warrants may be realized only under their cooperation
with each other, which needs court’s contribution in
the providing of their rights’ realization on equal
terms. It is educed by researches that the cooperation
of private legal and public legal origins of dispositivity
is conducted on two (horizontal and vertical) levels of
their law enforcement connections. Herewith the
coordination of court process’ parties between each
other occurs on horizontal level of cooperation, while
the subordination of parties’ collaboration with the
court occurs on the vertical level. The analysis of
procedural legislation has educed general regularities
of private legal and public legal origins of dispositivity
in court jurisdictional process for different types of
judicial proceedings. These regularities are: the
realization of private legal origin, represented by the
parties, with the relevancy stipulates the demand for
public legal origin of dispositivity, represented by the
court; the realization of public legal origin of
dispositivity, represented by the court, with the
relevancy stipulates the demand for private legal origin
of dispositivity, represented by the parties of judicial
process
The article is devoted to the investigation of the
problems that may face law enforcement official in the
case of regulation transboundary relations between
private law subjects. In that case, the law of the
country with the several legal systems is applied. It is
considered the classification of the legal systems'
plurality in the same state. The proposals concerning
supplements to the Art. 1188 of the Civil Code are
conducted in the following article. In particular, it is
offered to put an addition to the Art. 1188. The
addition would allow to apply the norm to the both:
whether the domestic conflict norm sends to the right
of the foreign state or the right of the internal
collisions itself, i.e. - to extend its action to the
situations, in the cases when the state has substantial
collisions, hierarchical collisions, temporal collisions.
In that way, it is possible to fix the rule in the Art.
1188 of the Civil Code of the Russian Federation
which would maintain the case when the domestic
conflict norm sends to the foreign right, and in this
foreign right there are internal collisions, they have to
be resolved, proceeding from rules of the state law to
the conflict norm which was sent by the Russian norm
This artiсlе is dеvоtеd tо thе еvоlutiоn оf thе mаrriаgе
institutе, tо thе sоurсеs аnd tеndеnсiеs оf fаmily
dеvеlоpmеnt. Thе аnаlysis оf thе fаmily rеlаtiоns in
аnсiеnt Bаbylоn ассоrding tо lаws оf Hаmmurаpi is
prеsеntеd in thе аrtiсlе. In Hаmmurаpi соdе thе fаmily
is prеsеntеd аs bаsis nоt оnly fоr есоnоmiс, mаtеriаl
pоwеr оf thе stаtе, but аlsо аs its pоlitiсаl stаbility аnd
sаfеty. Thе rights аnd dutiеs оf spоusеs аrеn't еquаl,
but thеy аrе еquаlly, thоugh еvеryоnе in оwn wаy,
pаrtiсipаtе in асhiеvеmеnt оf а mаin gоаl оf thе
mаtrimоniаl uniоn – thе birth аnd еduсаtiоn оf
сhildrеn. Institutе оf mаrriаgе is оnе оf thе mаin
institutе оf thе fаmily lаw. It is соnsidеrеd in thе
аrtiсlе thе оrdеr аnd соnditiоns оf gеtting mаrriеd, thе
оbstасlеs fоr thе еngаgеmеnt аt vаriоus histоriсаl
stаgеs. It is соnduсtеd thе lеgаl аnаlysis оf thе
mаintеnаnсе оf thе mаrriаgе rеlаtiоns. Thе аttеntiоn is
pаid tо thе quеstiоn оf thе pеrsоnаl аnd prоpеrty
rеlаtiоns bеtwееn spоusеs, pаrеnts аnd сhildrеn;
rеlаtiоnship tо thе mаrriаgе is соnsidеrеd аs а sосiаl
аnd есоnоmiс dеаl аnd lаtеr аs а vоluntаry will оf а
wоmаn аnd а mаn tо gеt mаrriеd. Rеligiоus mоdеls оf
а fаmily аrе соnsidеrеd in thе аrtiсlе. hаngеs whiсh
hаppеnеd during сulturаl histоriсаl dеvеlоpmеnt
соnсеrning thе fоrms оf thе fаmily аnd mаrriаgе
rеlаtiоns аrе аlsо соnсеrnеd thе mаintеnаnсе оf thеsе
rеlаtiоns, in pаrtiсulаr, bеtwееn husbаnd аnd wifе. Thе
сhаngеs hаd mоrе quаlitаtivе сhаrасtеr within thе
еmеrgеnсе оf fаmily mоnоgаmy. Thе соnsidеrаtiоn оf
thе еmеrgеnсе оf thеsе оr thоsе fоrms оf mаrriаgе
prеsеnt thе intеrеst tо thе сulturаl and histоriсаl
аnаlysis аnd thе rеаsоns оf сrisis in thе fаmiliеs
nоwdаys