Vol 1, No 2 (2017)

The problems of development of constitutional legal thought in the Russian Empire in the context of civil society development and activities of the specialized legal publications are considered. The focus is made on a weekly legal newspaper “Pravo”, which was one of the most respected and successful legal publications of pre-revolutionary Russia that united a group of well-known Russian academics and legal practitioners. The newspaper “Pravo” was published until December 1917, when due to the development of the revolutionary events it was closed. The newspaper contributed to the promotion of legal knowledge and the rise of legal culture of society. It was able to implement this activity at a higher level than other print media. That was possible because of the nature of “Pravo” as a periodic entity whose roots lay in the depths of an emerging “civil society” with all its “newborn” advantages and disadvantages.

The social relations in the banking sector, regulation and the specifics of the offenses are analyzed. Public relations arising in the banking sector, distinguished by the diversity of financial activities, the specifics of the offenses shortcomings of legal regulation and legal actions. Among the common banking crimes fraud in lending, corruption and the laundering of money or other property obtained by criminal means stand on the first place. Among the measures of organizational and legal nature that aimed at preventing offences in the banking sector internal control in credit organizations and banking groups stands first. The legal basis of this effort is the Bank of Russia Regulation dated 16 December 2003 № 242-P (as amended on April 24, 2014 № 3241-U) “On organization of internal control in credit organizations and banking groups”.

Some of the problematic issues of compensation of moral harm in intangible form - in the form of an official apology of the prosecutor on behalf of the state for the damage caused are examined. The conclusion is made that the legislator is consolidating the state obligation to take responsibility for the harm caused to a person through the unlawful or unwarranted actions by state bodies, including the bodies of preliminary investigation, inquiry, prosecution and the court. Thus, to claim recovery of violated rights and compensation of caused damage - the inalienable and natural right of the citizen, recognized in the prescribed manner as the innocent man, and the duty of the state is to fully ensure the implementation of this law. Also the concept and purpose of the rehabilitation institute are revealed, but from the practice of its implementation it is concluded that the rehabilitated person is a victim of illegal actions of law enforcement and his life crippled or even broken.

Provision of the Administrative Court Procedure Code of the Russian Federation, foreseeing the duty of the court to be active at consideration and dispatch of business that guarantees the realization of the justice principle is studied. To analyze the influence of the court activity on the supporting of fair treatment and adjudgement, the evidence institute is chosen. It has universal procedural character in issue. The competitiveness principle in administrative proceedings is studied in detail and its correlation with the principle of justice. It is noted that while putting justice as a principle of administrative legal proceedings, the legislator obliges the court to follow not only the laws, but also moral and ethic requirements. It is concluded, that the final aim of proceedings is establishment of the truth, otherwise the results of proceeding will be of probable nature. At the same time it should be taken into account that the participants of cognitive activity (sides) have direct opposite interests, as they are not aimed at investigation of the truth but in all kinds of ways resist this pursuing their own benefit. Thus, the further study of the justice principle will allow to give more objective characteristics of moral and ethic origins, compiling in the administrative proceedings.

The category of “economic security” revealing its legal nature and content is studied. The analysis is built through a consideration of economic security as an object of legal regulation, its link with security and protection of the rights and legitimate interests of the state, society and the individual in the economic sphere from internal and external threats and hazards, ensuring a stable and favourable development of the economy. At the same time the characteristic of the main normative legal acts affecting the legal policy of ensuring economic security is given. Critical analysis of strategic documents of the Russian Federation in the sphere of national and economic security from the point of view of consistency and completeness of legal action is made. Based on the analysis of policy documents the following areas of legal support of economic security are identified: improving access to justice and procedural framework for the protection of the rights and legitimate interests of the state, society and the individual in the economic sphere, the development of conditions for entrepreneurial activities, improvement of normative-legal regulation in the sphere of protection of competition, implementation of new approaches in the implementation of state control (supervision), the stability of the tax and legal systems aimed at protection of the state, society and individual in the sphere of private law regulation. In conclusion, it is proposed to develop a legislative work plan and to monitor the enforcement on the basis of correlation of the provisions of the National Security Strategy of the Russian Federation and Strategy of Economic Security of the Russian Federation for the period until 2030 in terms of specificity and detail of measures on legal economic security.

On October 25, 2017 the “State and Legal Policy of Modern Russia in the Sphere of Punishment: Issues of Theory and Practice” scientific “round table” was held in Tambov, in Tambov State University named after G.R. Derzhavin. During the “round table” current issues of legal policy in the sphere of punishment were discussed, the significance of the Contract on cooperation between the Saratov branch of the Institute of State and Law of the Russian Academy of Sciences and Tambov State University named after G.R. Derzhavin and the approval of the Provision of the Scientific-Educational center “State and Legal Policy of Modern Russia” was marked.