The authors analyze the question of the legal
problems of protection of the rights of members of
housing co-operative. The article shows the history
of the development of this institution in the Russian
Federation and its status. Of interest is the historical
analysis of the legal institution, as well as the issue of
protecting the rights of members of housing cooperatives
throughout the history of their existence in
our country. The author concludes that there is a need
to improve existing legislation on housing cooperatives.
In particular, the authors propose
amendments to the Housing Code of the Russian
Federation and other federal laws governing these
legal relationships. The article provides the change of
certain provisions of existing legislation that would
allow better quality approach to the protection of the
rights of members of housing co-operatives, as well
as their regulation in general. As well, the authors
indicated some legal problems that occur in practice
arising from members of housing co-operative in
their defense. The analysis of the legal practice of
various courts of the Russian Federation has been
carried out. Following consideration of the practical
problems has been offered for both theoretical and
practical ways to address them in order to prevent
violations of the rights of members of housing cooperatives
in the future
The article is devoted to one of the most disputable
categories of jurisprudence – abuse of rights. Modern
civil legislation contains many of the assessment law.
Interpretation and specification of evaluative concepts
is a challenging intellectual process. Abuse of right is
a consequence of the process of interpretation of
appraisal standards. The law does not allow the
exercise of civil rights with the intent to harm another
person, as well as abuse of rights in any form,
including in the form of circumvention of the law.
The author regards as the already known issues with
the application of the principle of the inadmissibility
of abuse of the right, so new in connection with the
amendments to the Civil code of the Russian
Federation. In particular the principle of good faith is
investigated as a fundamental principle for civil
rights. The article is devoted to the question on the
essence and the legal nature of circumvention of the
law, as well as the notion of circumvention of the law
with unlawful purpose as a form of abuse of right. On
the basis of the study presents the author's notion of
circumvention of the right. The authors have made a
conclusion that the correct interpretation of the
categories of "subjective property law and protected
by law interest" is the key to understanding the notion
of abuse of right. The conscientiousness of
participants of civil relations, as well as the
intelligence is the proper limits of lawful behavior of
the subject civil relationship, the breach of which
allows detecting the signs of abuse of subjective civil
law
The article is devoted to the study of the structure of
the apparatus of propaganda of the Volunteer army
and Armed forces of South Russia under the
command of General M. V. Alekseev, as well as the
changes implemented in this structure by generals A.
I. Denikin and P. N. Wrangell. We have highlighted
the high importance of an effective propaganda
mechanism during the civil war and iIndicated the
reasons why the propaganda machine on the "White
South" lost the efficiency of similar structures of the
Bolsheviks. We considered such reasons as the
absence in the Volunteer army powerful single
ideology, as the basis for further indoctrination, the
Bolsheviks significant advantage in material and
technical equipment and production capacity, and
advantage in time, as the propaganda machine of the
Bolsheviks began to form several years before the
outbreak of the civil war. The article reveals the
formation process of the news propaganda of the
Department of diplomatic division and its subsequent
reformation in the Publicity Agency (Oswag) of the
Chairman of a Special meeting. We have also
touched upon the dissolution of Osweg at P. N.
Wrangel and the establishment of a number of
departments executing its functions. It is concluded,
that the changes in the structure of the propaganda of
anti-Bolshevik movement in South Russia, were
excessively complicated and mostly formal in nature,
they did not solve existing problems, but only
created new ones. It is noted, that the main task of all
transformations in the apparatus of propaganda, i.e.
to overcome the significant advantages of the
propagandists of Bolshevism, was not achieved as a
result of the considered structural reforms
The article discusses various criteria for the
classification of legal systems. Special attention is
drawn to the civilizational approach, which can be
effectively used in the classification of legal
systems. In accordance with the civilizational
approach in the world there are many civilizations,
developing according to its own laws (for example,
the Scythian civilization, ancient Egyptian, etc.). In
accordance with this approach the history of
mankind is a history of the development of
civilizations. There are different definitions of
civilization. In generalized form is a community of
people with particular characteristics in the socio -
political organization, economy, culture. All States
from the point of view of the civilizational
approach can be divided into two types: Eastern
(China, India, the Empire of the Incas, etc.)
characterized by Marx as the "Asian mode of
production"; the Western, or progressive (especially
European countries). Each of these types has its
historical features. In turn, each of these types has
its own legal family. It appears that the basis for
determining the classification of legal systems is a
normative element of the legal system, including
law, legal principles, sources of law, legal system,
legislation, legal techniques. But this criterion can
be applied in one and the same type of civilizations.
In accordance with the criterion of the country of
the Western type, can be divided into two large
families: the Romano-Germanic and Anglo-Saxon.
It should be noted that globalization processes in
the modern world lead to the convergence of legal
families. In particular this applies to the RomanoGermanic
and Anglo-Saxon legal families, between
which there is a gradual disappearance of the
traditional differences
In the article we examine Roman-Germanic legal
family. Sometimes this legal family is called the
family of continental legal systems, which
underlines the fundamental difference of RomanGermanic
law, which arose on the European
continent, from common law, arising also in Europe
(in England), but outside of that continent. The
legal family is called family civil rights arising
from the Latin term "civil law" or "civil jus",
meaning the use of Roman law for only Roman
citizens or "cives". In this case, the article shows
the huge impact of Roman law on the law of
continental Europe. Roman-Germanic legal family
is the most common in the world. It includes the
countries of continental Europe, Latin America and
many other countries. In such a vast country we can
allocate appropriate legal panel involving certain
national legal systems that have similar features.
Such legal groups, the author classifies: Roman;
Germanic; the legal group of the Scandinavian
countries; the legal group of the Eastern European
countries; the legal group of countries of Latin
America and Africa. Among them, we can highlight
the legal group of the Scandinavian countries,
which has its own specifics. The article discusses a
feature of the legal systems of the countries of
Scandinavia
The article discusses the Genesis of Islam and its
role in the development of Muslim law family,
highlights the main sources of Muslim law legal
families. It is noted an important role of standards in
Islamic law developed by the theologians of the
activities in the process of interpretation in filling
gaps in the law. All this has led to the emergence of
different schools or sects, which contributed to the
creation of many ideologically warring with each
other Muslim sects. The followers of these
movements convince their supporters that the rest
courses are false. The article notes that currently, in
general, the Muslim law has not lost its position.
Modern Islamic community of the world has about a
billion and a half followers. The Muslim law has not
only maintained its position, but also extends its
sphere of influence. Islam – the youngest world
religion - enters the countries whose people earlier
professed Christianity, Hinduism, Buddhism, etc.,
the Followers of Islam, moving to other countries,
almost do not assimilate. So, the Islamic community
in Europe is practically not subjected to European
influence. Some of the legal institutions in a number
of non-Muslim countries are subjected to
Islamization. In some countries, Islamic law is not
considered as legally valid, but it works in fact. This
happens in the Muslim enclaves of Europe, it is
happening in Russia, particularly in the republics of
the North Caucasus
The article presents the concept and features of
globalization. It is noted that globalization is a
historical phenomenon. It is prepared by history as
the result of a long process. This process is valid
for the mankind throughout its history, occurring in
different forms, scales, with varying degrees of
intensity. It is emphasized that modern
globalization was prepared by many phenomena of
history, which are divided into positive and
negative. Positive associated with the natural
expansion of the boundaries of the world market,
strengthening of democracy. Negative – with the
predatory actions of transnational corporations, the
unipolar world, and as a consequence, often
enforced by the introduction of the values and
lifestyle of Western democracy around the world.
Globalization has an impact on state sovereignty. It
is noted that in the context of globalization, the
process of voluntary limitation of state sovereignty
by mutual agreement with other States, but, at the
same time, the process and the empowerment of its
sovereignty, because the state has the authority to
participate in solving problems that were not in the
scope of its sovereignty. Globalization affects the
law of all modern countries. Russia is no exception.
In Russia, as in other countries, the relationship
between national and international law increases,
strengthening the position of the international law.
This process can be named with the term of
"internationalization" in the legal literature. During
this process, appropriate forms of
internationalization (legal instruments) can be
applied: harmonization, unification, reception,
implementation and standardization
The article discusses the Genesis of Islam in prerevolutionary
Russia and its features in the North
Caucasus. One of the features of the adoption of
Islam was that this process was delayed by more
than a Millennium. Another feature of the adoption
and functioning of Islam in the North Caucasus is
also the fact that Sharia here, teaming up with local
legal customs (ADAT) and then with Russian
legislation, creating a unique system of regulating
social relations. It covers the process of entering the
North Caucasus in the legal space of Russia, it also
notes the role of Sharia and ADAT in the legal
regulation of social relations in the North Caucasus
in the Russian Empire, the Soviet and post-Soviet
Russia. Taking into account historical experience, it
can be assumed that the inclusion of certain
provisions and principles of Islamic law and ADAT
in the Russian legal system – the likely future
development of legislation of a number of republics
of the Russian Federation, in particular in the North
Caucasus. It is noted that Islam in general is on the
side of law-obedience and loyalty to authority,
willing to respect share his or her values.
Therefore, the introduction into the consciousness
of the Russian Muslims the true values of Islam
will contribute to the fight against international
terrorism. Pacifist orientation of Muslim religious
organizations, debunking Islamist myths, makes
them an ally of the state in the fight against
terrorism is of considerable interest because it is the
peaceful alternative to militant Islamism
In Russian civil legislation the consumer is a citizen
who concludes the contract of retail sales for purposes
not related to business activities. Incorporated person
has no right to conclude a contract of retail sales.
Therefore the law on consumer protection is not used
for legal entities. The law on consumer protection gives
to consumers an opportunity for simplified procedure
to challenge acts or omissions of the sellers and
protection of their rights. But at the same time the
incorporated person may acquire the goods, works and
services not for business purposes. In particular, this
occurs when incorporated person buys goods for its
professional aims, not just for its implementation. The
authors think that legislator unreasonably violates the
rights of legal entities, because they can not be
consumers. The authors justify the possibility and the
necessity of recognizing the incorporated person as a
consumer in the contract of retail sale, and that will
allow spreading the legal norms of consumer protection
on them
More and more goods are sold by the means of the
Internet and other information and telecommunication
networks from year to year. Despite the common
practice to sale goods on websites, a general idea of ecommerce
is not formed in the modern legal science
and the current legislation, the notion ‘electronic
commerce’ itself is missing. The presence of multiple
gaps in the law and the growing number of disputes
have served as a reason for writing this article which
touches the issue of studying e-commerce as one of
the kinds of business activity. The article describes
scientific approaches to the definition of the notion
‘electronic commerce’, the problem the e-commerce
object is raised, the notion ‘electronic transaction’,
general provisions of transactions, performed by the
means of information and telecommunication
networks, are analyzed. The authors have paid
attention to the practice of concluding contracts by the
means of Internet resources, have noted the problem
of the correlation between the content information
posted on the website and the browse-wrap agreement.
The authors consider necessary to legalize of the
notion ‘electronic commerce’, to determine
legislatively its parties and the rules of
implementation. Systematization of the provisions on
electronic commerce can be realized within the scope
of a separate federal law 'On the Rules of Ecommerce.'
Such measures will be able not only to
bring the current pattern of Russian business nearer to
the international standards, but also to raise it to a new
level