Articles

We consider peasant’s custom as a source of law during the period of founding of Soviet State and Civil War (1917–1921). We proved that in this period central and local Soviet authorities used pre-revolutionary custom in adjudication of division of peasant’s property.

The article is devoted to the elaboration of norms on the conditions of validity of the Treaty in the drafting of The civil code of the Russian Empire in the late XIX — early XX century.

Article deals with issues concerning the relationship of general theory of state and law with the theory of Russian state and law. The author presumes that the general theory of state and law is the basis for the formation and development of the theory of the Russian state and law.

This article dedicates a series of works on the formation and evolution of sovereign immunity in law and practice of the United Kingdom during the period from the XIX to the beginning of the XXI century. The article includes report on the practical implementation of the concept of sovereignty, questions of fact and law, which were the subject of consideration in English courts in case The Parlement Belge (1878–1880), the final decision on which formed a constant precedent for the next eighty years.

The role of legal reference systems in the legislation changes systematization in recent decades is studied. Various possibilities of working with legislation news in the modern legal reference systems are considered. Conclusions are made about main directions of systematization of legislation changes for use in law enforcement practice and strategic planning of legislation modernization.

The article gives insight on how the Internet get the principal working tool in both designation under sanction program and administration of US sanctions regimes. At the same time, the article contains conclusions on what Russian legal entities and individuals, who do not want to be designated, should take into account.

The article is devoted to the peculiarities of the legal assessment of the death of a patient as a result of poorly provided medical services under art. 238 of the Criminal Code of the Russian Federation and the delineation of this crime from Part 2 of Art. 109 of the Criminal Code.

The author of the article considers the objective nature of the phenomenon of the legal uncertainty and its replenishment by giving discretionary powers of the authorities and investigates the defects in the regulatory consolidation of discretion, which is a consequence of the underdeveloped or erroneous constitutional theory or intentional violations of the prohibitions and restrictions to achieve political, personal, or other purposes. Explores legal and objective limits of the discretion and the types of defects the implementation of the discretion associated with their violation.

Despite of existence of a sufficient set of environmental requirements in the legislation of the Russian Federation in the area of industrial safety, the accident level in general remains very high. The article analyzes the reasons for this situation and makes recommendations. In particular, these are incompleteness of information about environmental incidents, emergency situations, imperfection of technical norms, “non-ecologization” of legislation of industrial safety, confusion of legal regimes of environmental safety and of normal routine operation, and, as the most significant reason — the need to harmonize domestic legislation and law enforcement with the best foreign risk management practices.