Vol 1, No 1 (2017)

The correlation and relationship of legal technique and legal practice are examined. It is proved that legal action must be conducted in compliance with requirements, use of methods and necessary means of legal technique. It is concluded that the legal technique is essential for prevention and remedy of correction the law errors arising in the implementation of various types of legal practice. The actual content of the legislation is revealed in the law enforcement process. In its turn, law enforcement is inextricably linked to the interpretation of legal norms. Interpretation of regulations by the judiciary has higher legal force in relation to the interpretation process of other forms of implementation - compliance, performance and use. Any implementation of law cannot contradict a judicial decision. Therefore, rules, techniques and mans used in the process of judicial law enforcement should be perfect, because they help to achieve the goals of legal practice.

The creation of a megaregulator of the financial market on the base of the Central Bank of the Russian Federation requires a doctrinal understanding of the quality of implementation of public-legal status of the Central Bank of the Russian Federation, including questions of efficiency of publication of legal acts. The role of such regulator is determined through the analysis of the functions of the legal acts of the Central Bank of the Russian Federation. The legal acts of the Central Bank of the Russian Federation include the statutory acts of the Bank of Russia, the law-enforcement acts of the Bank of Russia, the interpretative acts of the Bank of Russia (acts of interpretation), the contractual acts of the Bank of Russia. General and special functions of the legal acts of the Central Bank of the Russian Federation are identified. The strategic role of the legal acts of the Central Bank of the Russian Federation in regulating the relations in sphere of the financial market is defined.

The establishment of origin of children who were born with the usage of surrogacy is considered. Based on the analysis of doctrinal, normative sources and the materials of judicial practice weaknesses and gaps in the legal regulation of establishing the origin of a child born to a surrogate mother are revealed, and proposals aimed at their elimination are formulated. In addition, it is noted that the complexity of these issues are based on ethical, religious, social issues and imperfection of the legislative framework. The concepts of “origin of the children”, “surrogacy” are examined. The view is expressed that the requirement of submission in case of state registration of birth on application of the spouses, who gave consent to implantation of embryo to another woman for gestation, some documents issued by the medical institution confirming the fact of receiving the consent of the woman who gave birth to a child (surrogate mother) is necessary, since mentioning those parents as parents not only violates the rights and legitimate interests of those persons, but also of the child. The attention is paid to the problem of determination of the subject structure of persons entitled to use the services of a surrogate mother. The gaps are shown in the legal regulation of establishing the child’s origin in case of death of intended parents or a surrogate mother. In addition, the need for establishing requirements for persons involved in the surrogacy program is indicated, the same as adoptive parents have. These provisions will meet the interests of children.

The issue of unification of simplified forms of civil proceedings is studied. The changes which was included in Civil Procedure Code of the Russian Federation and Commercial Procedure Code of the Russian Federation which entered into force on June 1, 2016, and in the Administrative Court Procedure Code of the Russian Federation entered into force on May 6, 2016, showed that unification of the civil proceedings in the context of the development of simplified production involves the conservation of existing types of simplified forms of proceedings: clerk, part-time civil process, simplified in arbitration and administrative proceedings, as well as “interchange” of simplified procedures that have proven effectiveness in practice - introduction to civil procedure a simplified form of proceedings, and in arbitration proceedings and administrative court proceedings - writ proceedings.

The notarial systems of the two states - Russia and Germany are analyzed and correlated. Differences in the legal regulation of notaries in both countries are established. Their legal status is focused on, the fact that notary lawyers are unacceptable for Russia from the list of forms of the German notary is considered, since Russian notaries have their own sphere of activity. Attention is paid to aspects, in particular, concerning the rights, duties, and responsibilities of notaries, their legal status, the specifics of the organization and organization of activities. The requirements for candidates for notary positions in both countries are analyzed. A significant difference was found in the fact that German notaries should have such qualifications that would allow them to take up the post of judge. The difference in terms of training and practical experience in filing documents that allow to acquire the status of a notary is noted. Also additional data is given and analyzed. It indicates fraudulent actions and abuse of powers of notaries, ways of criminal activities are outlined.

Activities of the state for ensuring ecological safety as the independent direction within ecological function of the state are considered. Research of a problem of ensuring ecological safety in the context of existence of modern global environmental challenges to mankind is made. The characteristic of ensuring global ecological safety and ensuring internal ecological security of the Russian Federation is given. The necessity of implementation of complex of measures aimed at stabilizing the environmental situation is proved. The analysis of the impact of current global ecological challenges on the external function of the state is made. The rules and measures established by the legislator and aimed at ensuring environmental safety are examined. The development directions are reviewed in order to ensure environmental security: environmental security in the implementation of potentially hazardous activities and in emergencies, reduction of environmental pollution and saving the resources, improvement of quality of life and health of the population by reducing the impact of environmental factors.