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
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 is devoted to consideration of questions of
functions of the state and forms of their realization,
which are of very great importance in the theory of the
state and practice of its functioning. It can be
explained with the next moments, first, to that in
functions are shown essence of the state, its social
appointment. The state representing the phenomenon
of social life, it is characterized by extraordinary
variety of directly observable and perceived
manifestations. It is defined as a variety of the tasks
solved by the state in various areas of life of society,
and a variety of bodies, forms, methods and means of
implementation of the state activity. In this regard
studying of functions serves as the prerequisite of
knowledge of the main thing and defining in the state.
Secondly, functions of the state define its structure, i.e.
ways, regularities of the organization of elements of
the state as difficult system. Research of functions of
the state and forms of their realization helps to
estimate its opportunities, promotes deeper
understanding of the mechanism of its interaction with
other structures of society in the solution of the most
important political, economic, social, ecological,
cultural and other tasks. The correct establishment of
functions of the state and definition of forms of
realization of these functions promotes stabilization of
the public relations and development of society in
various spheres
Today, in Russia, there are many processes of
reforming local government. One of the most pressing
issues in this area of legislation is the institution of city
manager. This article contains the distinctive features
of the voting of City Manager, requirements for a
candidate for the position, rights, duties and powers,
opinions of scientists on the issue in the sphere of local
government, City Manager abroad, the question of the
legal status of City Manager in the Kuban region and
our own position about the problem. The purpose and
objective of this work is to study legislation in this
area, display trend developing, drawing up the positive
and negative aspects of local government reform. We
used a number of different levels of laws regulating
relations of Municipality. For example, such as 131-
FZ about Local Self-Government, the Criminal Code,
the law on local self-government in the Kuban region,
as well as sentences of courts of different instances. A
distinctive feature of this article is the responsibility of
City Manager, and exactly what is waiting for if he
breaks the law, and also judicial review
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