Articles

The article is devoted to the analysis of consequences of application of the mixed member representation and parallel voting. During the study of the practice of parliamentary elections in the Federal Republic of Germany and the Russian Federation, as well as the study of the positions of the constitutional review bodies, revealed the distortion of proportionality arising from the distribution of mandates. The attitude to these distortions in each of the systems allows us to refer the German model to the systems of proportional representation, and the Russian version of the mixed system to the majority systems.

The article is devoted to the methodological features of Western European legal thought and legal science in the XVII century. The methodological matrix of jurisprudence is enriched by many methods that have been known since antiquity, but did not find application in the context of legal science. The author concludes that it was in the XVII century that the methodological apparatus of modern jurisprudence entered the stage of its active formation, becoming a cognitive foundation for the emerging theoretical and branch legal disciplines.

The article is devoted to the peculiarities of administrative and legal regulation of the organization of the healthcare system and medical services in the Russian Federation. The author analyses the problems and prospects of improvement of legislation on health care, taking into account the development of law enforcement in the field of health legal relationship.

Constitutional Court of the Russian Federation is not endowed with special powers for judicial review over the reform of the Russian Constitution, but in practice it expressed a number of positions on the fundamental impossibility of exercising review in some cases, as well as the possibilities and limits of review in others. The article analyzes the practice of the Constitutional Court and makes suggestions for endowing the Constitutional Court with this authority.

The article discusses current legal issues related to transfer of persons suffering from mental disorders for compulsory treatment, analyzes current legal norms of post-Soviet countries on this issue, in particular norms of international treaties and norms of the CPC. It is noted that transfer of persons suffering from mental disorders to conduct compulsory treatment is one of the new areas of international cooperation in the field of criminal procedure. In post-Soviet countries, there are many problems — from regulation of these issues in national legislation to the implementation of standards in this direction. On the basis of comparative legal analysis of legislation in post-Soviet space and scientific doctrine on this issue, the concept of transfer of persons suffering from mental disorders is given.

The article discusses trends in the improvement of criminal legislation, providing for responsibility for transport and related crimes. It noted a pronounced dynamics, which adversely affects the stability of the legislation, and also gives rise to problems of qualification and law enforcement. Approaches and solutions to these problems are proposed in order to reduce the marked dynamics, given the potential legal techniques and the principles of the codification of legislation.

The article is devoted to the problems of assessing the limits of action of intersectoral prejudice in qualifying crimes in Russia and Germany. The authors analyze the legal positions of the Constitutional Court of the Russian Federation on this issue and come to the conclusion that, due to the substantial difference in the goals and objectives of criminal and civil processes, intersectoral prejudice in qualifying crimes must be refutable.

The article is devoted to the participation of religious organizations in trade activities. The features of the analyzed subject are described. The article emphasizes the complexity and ambiguity of the activities of religious organizations in the commodity market, the concept of internal regulations of religious organizations is considered. The necessity of considering religious organizations as special subjects of trade relations is substantiated.

This article is devoted to the analysis of the theory of the German scholar Friedrich Carl von Savigny on the use of the place of contractual performance as a connecting factor for the purposes of determining applicable law, as well as a criterion determining international jurisdiction in the domain of contractual matters. Savigny’s theory influenced dramatically private international law and international civil procedure of continental Europe. Accordingly, analysis of this theory allows to understand the logic of solutions developed in the European private international law and the law of international civil procedure for contractual matters.

This publication provides a number of discussion issues on the practice-oriented teaching methods at the Faculty of Law. The article discusses the goals and objectives of practice-oriented learning, the transformation of the professor’s role in the educational process, motivation of modern law students, modification of the structure of classroom activities and homework assignments, assessment of practical skills of students. Special attention in light of practical oriented teaching devotes to the specific of attracting practicing lawyers as teachers.