Articles

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.

The article discusses the methodological aspect of the deconstruction of basic legal phenomena on the example of public law concepts of constitutionalism and the foundations of social (constitutional) order. The authors draw attention to the fact that the rejection of the stereotypical perception of these concepts (phenomena) in the changing political situation of the “post-socialist space” will make it possible to more precisely understand their real practical significance. So, in particular, even if the political leadership denies certain values of constitutionalism, in a country where the independence of the judiciary and the human rights function of constitutional principles remain, there is the prospect of restoring the rule of law based on constitutional values.

National-state construction in the Russian Empire and the USSR (review of the materials of the VIII All-Russian Congress of Legal Historians of Russia).

The article is devoted to consideration of the problems which have resulted from unification of legal regulation of activity of companies. Questions of creation of uniform system of companies are examined, collisions of norms of corporate law come to light, ways of their elimination are offered. The author pays special attention to consideration of ways of restriction of the corporate rights which have become uniform for participants of all private companies.

The paper examines the problem of legal uncertainty and legal gaps which are considered as the cause of legal uncertainty. The judicial interpretation of the concepts “legal uncertainty” and “gaps in the law” are studied. The author analyses the ratio of the studied legal phenomena. It is proposed to eliminate legal uncertainty and to bridge gaps in the law by means of law and economics.

This article extends the cycle of works on the problem of sovereign immunity. The accent in this article is the formation of the stable judicial practice of applying absolute sovereign immunity from the end of the XIX — the first half of the XX century.

The article discusses the legal status of the germ cells donor according to the legislation of the Republic of Tajikistan. The author draws attention to the problems of such regulation and justifies the need for a legislative ban on donation of germ cells by amending the Health Code of the Republic of Tajikistan.