Articles

The article considers the legal form of production cooperative widely used at the end of the last century and now are no longer in force. According to authors the legal status of cooperative’s member is much worse than the legal status of member of economic society and the reason of it is the form of cooperative organization.

This publication provides a conceptual and theoretical analysis of the provisions of the Constitution of the Russian Federation on generally recognized principles and norms of international law (para 4 of art. 15), discusses the content of the term-the concept of “peremptory norm of international law” (jus cogens) and its relationship with obligations erga omnes, as well as the basis (main sources) of such norms and principles. The article provides a list and a brief justification of about 20 generally recognized principles and norms of modern international law and their hierarchical position in the system of Russian law.

In the article, as a criterion for the applicability or inapplicability of the method of economic analysis of law to certain institutions, legal interest is proposed. It is shown that an economic analysis of law can be applied to institutions based on the priority of private interest, and to institutions based on the primacy of public interest, this method should be used with great care. The example of specific legal institutions illustrates the difference in the approaches of the continental European legal system, based on the principle of justice, and the approaches of the Anglo-American family based on the principle of economic efficiency. On the basis of the method of economic analysis of law, an assessment is given of possible ways to improve the institution of state duty.

The article provides a forensic analysis of the current state of the road accident, as the basis for the formation of forensic methods of their investigation.

Author on the basis of analysis of existing legislation and practice realizing of the right to association attempts to describe the model of the system of citizens' associations in Russia. Such a system, according to the author's idea, should be placed in the basis of legislation on citizens' associations and can be used in the process of reforming it. The article also deals with the question of the correlation of the proposed system of associations with the various types of associations used in Russian legislation.

The present article is an attempt to continue the examination of the legal basis for the evolutionary interpretation of the European Convention on Human Rights and Fundamental Freedoms of 1950 applied by the European Court of Human Rights. Here, the author analyzes the dynamic elements of Article 31 of the Vienna Convention on the Law of Treaties.

The article is devoted to the problem of using external labour. The author investigates the history of the development of the legislation of external labour in the countries of Anglo-Saxon legal family that allows to choose more effective elements of a legal mechanism of the given relations in Russia.

The article deals with the problems of student’s scientific activities especially in the form of student scientific club. The given analysis shows the influence of the participation in the club on the development of professional lawyer’s skills. The connection between the obtained skills and the necessity of producing the new generation of highly professional staff.

The article deals with the development of the methodological foundations of the forensic analysis of causality. The distinction of causality in criminalistics from causality in criminal law and criminal procedure is given. The specifics of forensic analysis of causality and its levels are noted. An attempt is made to form a conceptual notion of causality as the fundamental category of the subject of research in criminalistics.

The article discusses the problems of access to challenging constitutionality of normative legal acts. Analysing the list of subjects authorised to initiate an abstract constitutional normative control, the author comes to the conclusion that it is necessary to ease the requirements for the admissibility of requests sent by parliamentary groups, requests of legislative and executive authorities of constituent entities of the Russian Federation, and also comes to the conclusion that it is expedient to introduce the right to appeal to the Constitutional Court of the Russian Federation to public organisations protecting public interests. In the author's opinion such an expansion of opportunities to initiate judicial constitutional normative control could become an additional incentive for constitutional modernisation of the state and would contribute to development of civil society.