Vol 2, No 7 (2018)

The relevance of political and legal regulation of interethnic relation consists of new model of modern multicultural state formation and challenges of inner and international character overcoming. Inner challenges are connected with separatist sentiments of national institutions, historical factors, territorial and ethic and national submission to the centre, resurrection of people cultural independence, bureaucratization of ethnic leaders in national republics. Among international challenges the most important are facts of terrorism and globalization, corrupted past historical facts in Post-Soviet republics. The aim of the research is to decide the level of interaction of politics and law on developing ethnos in multicultural society, historical faults exposure, balance between two substances formation, determination of most important legal and political regulators of interethnic relations on the Russian and foreign examples. In the process of the work we use following methods: analysis, synthesis, comparative, historical, civilizational. It is proved that politics and law have a key role in regulations of interethnic relations. However in historical faults the first place has politics and it foresees legal system formation. We analyze Russian and foreign experience on form and methods exposure in the interethnic relations regulation with political and legal means. It is proved that Russian experience of interethnic communication gives an opportunity to use it not only in Russian but in the other countries, especially because of overloading them with escapers and migrants. Conclusions about necessity of the balance of politics and law, of historical past informational base formation, of using national and cultural autonomies for ethnic development realization, of Agency on National Affairs activity improvement may have practical use.

We consider the issue of innovations and innovative activity legal nature, analyse its legal regulation from the point of view of basic terms. We conclude that ambiguousness of opinions and innovations and innovative activity understanding in the science led to that in legislation of any level the terms essence is incorrectly given. Main official terms are bounded by the “technical” part of the issue and tautological. We conclude the following: 1) modern terms of innovations and innovative activity go gradually beyond the “technical” limits of development, its economical round and include the social, intellectual relationship, and according to the doctrinal position – sometimes spiritual sphere of life, but the key element in the innovation terms formation is the economical effect; 2) innovation – the important competitive advantage of organization, based on using the knowledge and realized because of competence of its founders, lawyers, managers and personnel; 3) considered approaches to the innovation terms evidence that in scientific literature and legislation we can already find innovations main principles – novelty, useful effect and social importance, and innovative activity is as usual a process on creating, producing and spreading the novelties.

Incitement to suicide, abetment of suicide, assisted suicide, facilitation of its commission, as well as the organization of activities aimed at inducing suicide are related offences. Their research has allowed to reveal some shortcomings of their designs and to offer measures for their elimination. In related crimes should be agreed upon their sanctions. Analysis of the penalty of imprisonment established in the sanctions of article 110–110.2 of the Criminal Code of the Russian Federation has shown to reveal the lack of harmonization of sanctions for those norms. In the crimes provided for in articles 110 and 110.1 of the Criminal Code of the Russian Federation, when the same consequences occur, a more lenient punishment is established for a more dangerous crime. If there are qualifying signs in a more dangerous crime, the punishment becomes more severe or equal to the punishment established for a less dangerous act with such signs. The organization of actions aimed at inducing suicide does not require the onset of consequences. However, the punishment for its commission is equivalent to inducing suicide or facilitating its commission in the event of consequences. In the presence of aggravating circumstances, the punishment equal to the punishment, which is defined in the qualified formulations of article 110–110.1 of the Criminal Code of the Russian Federation.

The problems of compensation of damage caused by land offense in the result of economic activity by the subjects of economical legal relations are studied. There are civil and administrative responsibilities. The necessity of legal regulation of mechanism of compensation for damage to the agricultural land fertility is noted. The issues of damage proof by administrative bodies, the opportunity to claiming simultaneously damage compensation in natural and money terms are presented. We analyze law-enforcement practice on compensation for agricultural land damage. Government bodies usually change the terms “environment pollution”, “damage to the environment”, “results of land pollution”, and that proves the necessity of clear terms understanding. It is noted, that activities of government bodies on claiming compensation for environment damage should be regulated by regulatory acts without double understanding. The conclusion is made that administrative bodies have an opportunity to demand the damage compensation only if there are following circumstances: illegal activities; damage presence; cause-and-effect connection between illegal activity and damage presence; lack of nature damage compensation. We suggest legislative consolidation of the order of earth samples selection for correct and accurate damage understanding.

We present the definition of the concept of “right realization notarial process”, analyze its legal nature, the essence and significance for the notarial protection and defence of legal interests, we present the stages of the right realization process and reveal the importance of each of them for the effectiveness of rights defending activities of the notaryship as a whole. The position is argued that the right realization practice of the notaryship cannot be carried out spontaneously and therefore is formed within the framework of the notary right realization process, gradually passing the stage of initiation of the right realization process, the preparatory stage, the stage of choosing the right realization form, the stage of notarial action, as well as the stage of the notarial act production with its following execution, which generally allows to ensure continuity at each process stage and to obtain an accurate picture of the legal norm realization. We study the problem of correlation of “notary process” and “notarial procedure” concepts, these concepts are at the core of notarial practice. We highlight a number of features that allows personalizing the notarial process. The necessity of legislative regulation of algorithms of notarial action and development of notarial process stages is noted. It is concluded that the phased right realization in the framework of notarial activities makes it possible to fully ensure the protection and defence of legal interests, which means a measure of legally permissible subject behaviour, manifested in the desire to enjoy a certain social benefit and guaranteed by the state in the form of protection by competent structures as necessary.

The relevance of the topic is based on the fact that in the last time in juridical literature attention is paid to issues of development of doctrinal origins of e-government. E-government opened opportunities of more effective cooperation of the state and civil society, gave new ways of integrating citizenry in the processes of production and realization of the state policy. The description of the term of e-government is given, according to it: e-government is a new technology of the state management that is based on principles of information acceptance and the state accountability to the citizenry. It is noticed the necessity to use information technologies in the court procedure. We also notice the peculiarities of e-government formation in different countries taking into account that it is impossible to create a unified model for work of this structure. So transformations in different spheres of life of the Russian society forced radically new approaches to the law, legislation and state policy. In its turn civil society gets new stage of development because of opportunity of free discussion of the issue and democratic involvement of all concerned party in the deciding process. Information about state structures activity gives the citizenry control and opportunity to inform themselves about the government work. We understand as important the openness and readiness of government to the bigger level of efforts in providing state services in the electronic form.

We consider main aspects of intuition as a psychological phenomenon and its peculiarities in legal defending activity. The difficulty of the topic is noted according to intuition irrational nature. We study the historical aspect of intuitive human mind development from the earliest to the modern time and find differences in the information part of the world understanding. The reasons for formation of intuitive thinking of Internal Affairs Agencies workers in untypical situations are explained. The research has the scheme of conditions for intuition provocation, among which there are the problem situation, “hint” availability, fundamental understanding of the issue. In Russia the psychological service of Ministry of Internal Affairs investigates intuitive abilities of Internal Affairs Agencies workers. There are methods types of intuition study: experimental methods and action tests; surveys; instrumental methods showing priming; implicit learning; “illocal” intuition; psychophysiological methods. The essence of experimental methods, action-tests and instrumental methods are shown. The conclusions of necessity of to practically include developments obtained in the process of intuition thinking investigation of Internal Affairs Agencies are made. The peculiarities of intuition study within the framework of psychological researches. We consider the role of intuition in professional activity of Internal Affairs Agencies workers. We tried to create methodological tools of intuition study of police workers.

The relevance of the research topic is due to the uncertainty of the provision of constitutional responsibility in the system of legal responsibility types. The study purpose is to the legal nature analysis of constitutional and legal responsibility, allowing it to be viewed as a form of legal responsibility. The conducted research is based on general scientific analysis methods, deduction, and also private law – the formal legal method. So, on the basis of the analysis of the current legislation and law-enforcement practice, we conclude that the political and legal nature of constitutional responsibility is special. On the one hand, it is a form of legal responsibility and is applied to subjects of constitutional responsibility in cases provided for by constitutional norms. On the other hand, it helps to regulate relations that arise in the sphere of public administration, ensure the stability of the functioning of the state apparatus. It is established that this feature explains also the fact that constitutional responsibility can occur not only in case of an offense, but also in case of lawful behavior. It is determined that for consideration of the constitutional responsibility as a special kind of legal responsibility it is necessary to introduce a special procedural order of calling to account, including in particular the procedure for appealing the dissolution of the State Duma, giving the Constitutional Court of the Russian Federation the powers to consider such cases. And it is also necessary to fix a list of circumstances that may form the basis for a decision on mistrust in the Constitution of the Russian Federation. The conclusion is made that these legislative changes will underline the specificity of constitutional and legal responsibility and leave no doubt about its status as a kind of legal responsibility.