Articles

The article on the basis of various sources describes apartment ownership in German cities in the Middle Ages and early Modern times. For the first time apartment ownership was mentioned in written sources in the XII century and it had developed over centuries as a customary law institution. Over time, the provisions introduce measures against this institution for practical reasons.

Since the 1990s has been a trend of active interaction between the state and confessions in the Russian Federation, expressed, inter alia, in the practice of concluding agreements (contracts) of Executive authorities and religious organizations. At the same time, the legislation on freedom of conscience and on religious associations does not contain normative bases for the conclusion of such agreements, in connection with which the legal qualification of their nature is significantly complicated. The article analyzes the content of state-confessional agreements, offers conclusions about their place in the system of sources of Russian constitutional law and the need to introduce legislative regulation of the procedure for concluding such agreements as guarantees and protection of constitutional principles and subjective rights of citizens.

The article is devoted to the problems of the concept and content of the quality of legal education. According to the author, the legal education system of Russia should optimally combine the elements of scientific, academic and pragmatism, novelty and conservatism, national characteristics and internationalism

The article is devoted to the problems of criminal liability for extortion in Russia and Germany. The author concludes that there are similar approaches to the regulation of criminal liability for extortion in Russian and German criminal law: extortion is considered as crime against property as a whole. The author also reveals existing differences in the qualification of extortion in the law of both countries.

The article examines the problems of legal assessment of fetal death. The author demonstrates a lack of consensus on the resolution of this issue among scholars in the field of criminal law and in judicial practice. In conclusion, it is concluded that criminal law changes are necessary with a view to the preventive impact on medical workers.

The article considers actual issues of legal nature and variety of extradition of persons in the framework of international cooperation. There is a lack of consensus in scientific legal literature regarding the place of institution of extradition in the branch and system of law. According to the author, in the national legal system of post-Soviet countries, the institution of extradition are based on constitutional, criminal and criminal- procedural law which has historic roots. Substantive law provides for the possibility and grounds for extradition of persons and norms of criminal code are important in determining of punishment, double criminalization, etc. The procedural law provides for a lot of rules which ensure order and process for extradition of persons. The author proceeds from the fact that extradition of persons within the framework of international cooperation relates to international criminal law and international criminal procedure. In connection with development of the institution of surrender of persons in the framework of international cooperation in criminal matters, many kinds of surrender of persons have emerged that need classification. In particular, the author identifies extradition of persons in post-Soviet countries as a separate type.

The article highlights some of the fundamental institutions of the General Part of Civil Law, as well as corporate and property law, which should fix the balance of private and public interests; their shortcomings and possible development prospects are shown. The necessity of a well-known change in understanding the subjects of private and public (public) interests and in their content from the point of view of the common interests of all participants in the civil (property) turnover is substantiated.

The mechanisms for resolving disputes between international organizations and their servants haven’t been deeply studied yet in both Russian and foreign legal literature. The article covers the pre-litigation formal mechanisms for resolving this type of disputes. The author examines organization and functioning of mechanism for administrative review of the decisions affecting the rights of international civil servants, as well as peer review mechanism.

The article is devoted to the relation between the principle of independence and separateness of a legal entity and the limited liability of its members. The article describes both legal and economic views on the relationship of these categories. The author analyses the influence of evolution of the principle of limited liability and legal personality on modern mechanisms for protecting the rights and interests of creditors. In the end, the author concludes that limited liability has become one of the basic characteristics of a legal entity that required constant regulation and improvement of mechanisms for protecting the rights and interests of creditors of companies and the need to maintain the balance of interests of the participants of corporate relationships taking into account the national law.

Contemporary international law has formulated the definition of a non-international armed conflict. However, the doctrine does not yet have a unified position on the scientific justification of possible participants in the non-international armed conflict, the legal consequences of the beginning and end of such a conflict, the main directions of their international and national legal regulation. In the framework of this article, the author will elaborate on the analysis some of the legal consequences of the beginning and end of a non-international armed conflict.