Articles

The article is devoted to the concept and meaning of a commercial contract in the system of economic management. The author notes the lack of development of contractual issues in jurisprudence and, in particular, in civil science, which actually reduced the concept of a contract to a deal. At the same time, the positivistic dogma is traditionally used as a method of studying a treaty — a closure on the analysis of the legal rules governing the contract and its application. The author comes to the conclusion that for effective management it is necessary to make full use of the potential of the contract, giving the subjects the opportunity to show business activity and enterprise, to make decisions quickly and amend them to reflect changes in the situation.

The article is written on the basis of the author’s report at the XIX Annual International Scientific and Practical Conference of the Law Faculty of Moscow State University and the XV International Scientific and Practical Conference “Kutafin Readings” of the Moscow State Law Academy “Constitution of the Russian Federation and the modern law and order”. The article analyzes the genesis and content of the norms of the Constitution of the Russian Federation on property; The economic category of “form of ownership” and its differences from the legal concept of “ownership” are critically examined. The necessity of fixing the system of real rights in the Civil Code of the Russian Federation and the removal of the “public servitude” construction from the Land Code, as well as the public law nature of the “national wealth” category, is shown. A general conclusion is made about the need for the development of Russian property law and the groundless use of economic concepts in civil law, and civil law concepts in public law.

The article considers the peculiarities of interrelation and mutual influence of criminal procedure theory and criminalistics. The article analyzes erroneous theoretical and procedural-legal constructions, contradictions and misconceptions. Special attention is paid to the functions of criminal proceedings. The misconception that “the functions of prosecution, defense and criminal case resolution are separate and cannot be assigned to the same body or official” is refuted.

The article is a result of the work of its authors on the organization of study process and law teaching at the French University College in Moscow. The publication reveals the history and mission of the French University College; it shows the specificities of law teaching. Having a clear humanitarian purposes, the College promotes the Russian-French cooperation in the field of science and culture. In terms of the legal disciplines, the most important component is the fundamental human rights studies. The“classic” legal disciplines (French civil law, history of French law, constitutional law, European law, etc.) are taught from the point of view of the need to protect human rights.

The article is devoted to the anniversary of Anatoly Fedorovich Koni. The author analyzes the ideas of the great lawyer about the moral principles of the criminal process from the point of view of the possibility of their application in the current conditions of development of criminal proceedings of Russia.

The bodies of the constitutional review inevitably come into contact with politics in the process of review of constitutional amendments. They can either prevent unconstitutional amendments or provoke a political crisis. The article provides and analyzes examples of judicial restraint and judicial activism in exercising of judicial review over amendments to the constitution.

Globalization as an integrated system aimed at the rapid and barrier-free movement of large volumes of goods, services, capital and information between countries leads to the fact that the competitiveness of national goods and services acquires an international dimension. This often leads to a “race to the bottom” in labor law regulation, which reflects the perception of the relationship of labor legislation and unit labor costs in the price of national goods and services. International economic integration exacerbates this problem by linking trade and labor standards. Consideration of the economic basis of labor law (within the framework of “labor law and economics” as a field of knowledge) allows us to look at the standards in the field of labor through the prism of ensuring the growth of the welfare of society.

The article discusses the scientific foundations of theoretical ideas about the regularities and laws studied by criminalistics. The historical development of ideas about the subject of criminalistics, introduction to the subject of science and forensic theory of the concept of “regularities” are shown. The authors disclose the concept of “regularity”, “law” and their correlation. The elements of the dialectical method, which are the basis of the theory and methodology of criminalistics, are given, the content of the basic dialectic laws, especially the law of the unity and struggle of opposites, is revealed. The concept of “reflection” (display) is considered as the result of the interaction of material objects that underlies the forensic investigation of the mechanism of formation the traces and the theory of identification.

The article emphasizes the main features of the state of legal regulation of the function of supervision in the field of waste management. State supervision in the field of waste management is an integral part of state environmental supervision. In this regard, the legal regulation of state environmental supervision is largely used to regulate the supervisory activities in the field of waste management. The types of state supervision in the field of waste management — federal and regional — are also distinguished according to the lists of objects of state environmental supervision. The specificity of state supervision in the field of waste management in this situation lies primarily in the list and content of the requirements in the field of waste management, which are mandatory for compliancewith the subjects of activities in the field of waste management.