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
The reduction of the period of incarceration and early
release from the convict labor gangs of civil authorities
were a common practice for these places of detention,
provided by a number of legal acts: the decree of 1834
"On determining the period of stay the vagrants in
convict labor gangs of civil authorities in
Novorossiysk region", 22 October 1836: "On the age
of criminals, awarded, instead of referring to the
settlement, to return in the military service", the
regulation on 15 August 1845 “On the correctional
convict labor gangs of civil authorities, decrees April
17, 1863 "On some changes in the present system of
criminal and correction penalties", October 19,
1863"On temporary measures to cleanse of convict
labor gangs of civil authorities from the accumulated
therein prisoners, "13 May 1866 "On the reduction of
the time of detention of arrestees in convict labor gang
of civil authorities". Also it was continued the
refinement of operating regulations for reduction of
the period of incarceration in 1880. So, MPM in
January 11 sent to the governor an explanation №302
"On the procedure of reduction of the time of detention
for arrestees of correctional departments." It contained
a clarification and explanation of the application of the
provisions of the May 13, 1866.In May 15, 1880 to
Tauride governor was sent another circular "On
abolition of deportation to Siberia without the content
in correctional departmentsof certain categories of
prisoners." The main condition in most cases peaked
good behavior and hard work of the prisoner. The
decision was made by the head of the department and
submitted to the trustees committees for final decision.
The reduction of the prison term used as an
exceptional measure to reduce the contingent of places
of detention
This article discusses the concept of "sanctions" in
constitutional and international law, as it is
controversial and debatable. The media and prominent
politicians now often use the term "sanctions", it is
connected to the Crimea to Russia, and a mixed
assessment of the event foreign countries (countries of
the European Union, Japan, Switzerland) and
international organizations (the Council of Europe,
NATO). The author explores different perspectives
reveals several scientific approaches to the concept of
"authorization". Theoretical aspects of the work were
discussed in close connection with the practice,
namely, analysis of the process of joining of Crimea
to Russia from the point of view of international law
and Russian legislation in this regard, the validity of
the application of sanctions against the Russian
Federation. We were also paying attention to types of
sanctions. The article analyzes the comprehensive and
targeted sanctions, their distinctive features and the
need to use the "mirror" of sanctions for the Russian
Federation. Particular attention is paid to the legal
regulation of sanctions in international and Russian
law. It is noted that in the Russian Federation,
legislative regulation of the sanctions received only in
the economic sphere. The author highlights some
trends in the development of existing legislation in the
field of sanctions
Real estate is a special object of civil rights. Due to
the current political and socio-economic
circumstances the question of the right of ownership
to immovable property and its termination is very
important. The existing in the current legislation
approach to the legal regulation of termination of the
right of property in Russia is not consistent with
social justice. This has a significant impact on law
enforcement. In addition, the relevance of this
problem in Russia is predetermined with historical
significance of such immovable property like land
plot. Currently there is a certain balance between
private and public interests in this sphere of legal
regulation. At the present neither the doctrine of civil
law, nor the practice of law is not allowed the whole
block discussion of issues considered issues. So, such
theoretical construction as the definition of
involuntary termination of rights to immovable
property still not well developed. Especially against
such an object as a plot. Thus, the foregoing allows
asserting that the issue of forced termination of the
right of property outlined in this article is relevant and
valuable to the legal science and practice
Norms of the active Russian legislation enshrining the
inheritance rights and defining the status of surrogate
children, surrogate mother and the genetic parents
connecting to the question of the obtaining and
realization of the inheritance rights of these children
are subjected to a detail analyze in the article. The
authors described uncertainties and double-meanings
of some occasions of appearing of surrogate
children’s inheritance rights, what arise in practice,
for example, when surrogate mother in childbirth
could not give her agreement for registration people,
who had given their genetic material, as parents of
surrogate child. The authors found out imperfection
of active legislation of Russian Federation in the
context of question of surrogate children’s inheritance
rights in case of genetic parents’ death before
childbirth. Other important question, that the authors
tried to resolve in the article, is connected with child’s
inheritance rights, who was conceived after death of
his genetic parents. Also the attention is focused on
the absence legal mechanisms of action on genetic
parents, who refuse surrogate children, in the Family
Code of Russian Federation and in Civil Code of
Russian Federation. Authors reached a conclusion
that surrogate children’s inheritance rights should be
legal regulated in detail. Some suggestions on these
issues are offered in the article
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