Annotations № 1 / 2016


Kochetkov V. V. (Moscow, International Slavic Institute, e-mail: The peculiarities of reception and development of the constitutional values in Russian jurisprudence

In Russian jurisprudence, the problem of reception of public law institutions and values of constitutionalism is considered the relationship between constitutionalism and the state (constitutional) law. The author believes that it is necessary to clearly distinguish constitutionalism as a form of justice from constitutionalism as a system of positive law. The first affects the second, which, for the sake of simplicity, we call a state law. The essence of this effect is to ensure that the constitutional values set a criterion for assessing norms of the state law. Due to the dominance of the positivist archetypes of legal consciousness in domestic jurisprudence, reception of the constitutional institutions doesn’t give full effect to the idea of priority of human rights stated in the Constitution of 1993. This is also impeded by the internal antinomy of Russian constitutionalism. It seems that reception of public law institutions will be accompanied by the implementation of the constitutional values into the fabric of public life only if constitutionalism is revisited as an axiological one, and its basic theoretical assumptions and their consequences are explicated. Revealing the internal antinomy of Russian legal mind, the author believes that successful constitutionalizing of contemporary Russian government is impossible unless the values of axiological constitutionalism are established in legal consciousness of Russian citizens and elites.

Key words: constitutionalism, legal consciousness, freedom, human rights, reception, implementation

Dovbysh A. V. (Vladivostok, Vladivostok State University of Economics and Service, e-mail: Ivan Ilyin’s views on the Soviet State

There is a review of ideas of the well-known Russian philosopher Ivan Ilyin about the Soviet statehood. His attitude towards the political regime, form of government and form of state structure is revealed. The author concludes that, according to Ilyin, the Soviet regime had devastating effects on Russia, besides that, there is no possibility to establish a republic and a federal form of state structure in our country.

Key words: Russian emigration, Soviet Russia, I. A. Ilyin, form of state, form of state structure, political regime, form of government

Ufimtseva E. V. (Yekaterinburg, Urals State Law University, e-mail: The structure of the Russian law system: the views of contemporary domestic theorists

The article describes the views on the structure of the system of domestic law expressed by contemporary Russian theorists in the last five-ten years. The author touches upon the most urgent of them. She discusses some issues of modern theory of law, including the use of the new criteria for establishing law branches, their relation with the classical criteria of subject and method of legal regulation, as well as the role and effectiveness of these criteria in law branches separation, etc. The author offers to classify these new criteria.

Key words: system of law, structure of the system of law, criteria for establishing law branches, subject and method of legal regulation


Ivanenko V. S. (Saint Petersburg, St. Petersburg State University, e-mail: The evolution of Gennady Ignatenko’s views on the concept, features and range of subjects of international law

The author analyses Gennady Ignatenko’s scientific inputs to the development of the Russian international legal personality doctrine. He considers the evolutionary path of Gennady Ignatenko who initially denied to grant international legal personality to legal entities and individuals and subsequently recognized their ability to participate in international legal relations as independent actors, possessing such personality. The author explains Gennady Ignatenko’s dualistic concept of international legal personality, including the rationale for the international legal status of individuals.

Key words: international legal personality, subjects of international law, status, rights and duties of legal subjects


Belikova K. M., Akhmadova M. A. (Moscow, Peoples’ Friendship University of Russia, e-mail: On the sources of legal regulation of investment disputes in Russia and China

The article examines international and national levels of legal regulation of the investment disputes settlement in the Russian Federation and the People’s Republic of China. The provisions of the Convention on the settlement of investment disputes between States and individuals or legal entities of other States of 1965, intergovernmental agreements between China and Russia in the mentioned sphere, as well as the national sources of regulation in both countries are investigated.

Key words: investments, China, Russia, Washington Convention of 1965, principles of protection of foreign investors, bilateral investment treaties

Torobekov O. C. (Bishkek, Urals State Law University, e-mail: The institution of bankruptcy (insolvency) in the Kyrgyz Republic legal system: genesis and evolution

The article deals with the issues of emerging and developing of the institution of bankruptcy (insolvency) in the Kyrgyz Republic legal system during the pre-revolutionary, soviet and post-soviet periods. The article reveals factors that had given rise to this institution in the sovereign Kyrgyz Republic. The author examines the evolution of the Kyrgyz national legislation, related to the insolvency (bankruptcy) institution, and its practice.

Key words: institution of insolvency, Kyrgyz common (adat) law, natural economy, competition management, market economy, market legislation


Lavrentyeva O. V. (Moscow, Russian State Social University, e-mail: The powers of local authorities in the sphere of territory improvement

The article investigates legal regulation of the powers of local authorities in the sphere of territory improvement. The author asserts that the implementation of these powers is aimed at preserving or restoring the favourable environment for population of the municipality, and at preventing or reducing any negative environmental impact caused by various human activities, including economics. The powers in the sphere of territory improvement could be divided into general ones and special ones. In conclusion the author gives her own definition of «the powers of local authorities» and «the powers of local authorities in the field of territory improvement».

Key words: local self-government, powers, improvement, territory improvement


Bogatyreva O. N. (Yekaterinburg, Ural Federal University named after the first President of Russia B. N. Yeltsin, e-mail: The UN World Programme for Human Rights Education: from the second to the third stage

The article highlights the evolution of the UN World Programme for Human Rights Education, investigates the programme activities for the first and second stages, and preparations for transition to the third stage. The proposals of the Member States of the United Nations, national human rights institutions and NGOs on the improvement of the World Programme are examined. The study is based on the analysis of international and national strategic documents.

Key words: UNO, Office of the United Nations High Commissioner for Human Rights, human rights, human rights education, World Programme for Human Rights Education, higher education


Beketov A. O. (Omsk, Omsk Academy of the Ministry of Internal Affairs of the Russian Federation, e-mail: Appeals against decisions and instructions of the head of an investigative authority

The head of an investigative authority is an official empowered to manage the investigators’ activities and control over the conducting of preliminary investigation. His right to give the investigator binding instructions significantly influences the course and results of investigation of criminal cases. The investigator as a procedurally independent person has the right to appeal against these instructions. At the same time, according to the results of scientific research and law-enforcement practice, there are the essential gaps in legal regulation of the relations under review. The author concludes that there is a need for more detailed regulation of the investigator’s right to appeal against instructions of the head of an investigative authority and for legislative enshrinement of the possibility to make objections against his actions (inaction) and decisions. The author offers to establish the legal mechanism of consideration of such objections by the head of a higher investigative authority.

Key words: investigator, head of an investigative authority, procedural independence, appeal of instructions, procedural control

Galeyeva K. M. (Yekaterinburg, Urals State Law University, e-mail: On the nature of a subject of crime under criminal law protection of credit relations

The nature of a credit as a subject of crime under Art. 176 of the RF Criminal Code is analyzed. The author critically evaluates the provisions of Chapter 42 of the Civil Code, as well as the civil doctrine approaches to the relation between debt and credit obligations. She wants to know whether criminal law should protect the relations arising only from the credit contract or the contract on credit against goods and commercial credit as well. Besides that, it’s still unclear whether a loan should be considered the subject of crime under study.

The author claims that there is currently a legitimate need for change in rules of Art. 176 in order to ensure effective criminal law protection of credit relations.

Key words: criminal law, credit relations, nature of credit, subject of crime

Permyakov S. V. (Magnitogorsk, Urals State Law University, e-mail: Defending tactics and forms of advocates’ participation in the gathering of evidence during the preliminary stage

The author raises issues related to defining and classifying the tactics of advocates’ activities during the preliminary stage. In the article, there are the list of forms of advocates’ participation in the gathering of evidence and some proposals for improving the rules of the RF Criminal Procedure Code that govern an order of the gathering of evidence.

Key words: tactics, strategy, classification of defending tactics, evidence, investigative actions

Borokhova N. E (Chelyabinsk, Russian State University of Justice (Ural branch), e-mail:, Barygina A. A. (Chelyabinsk, Russian State University of Justice (Ural branch), e-mail: On increasing jurors’ ability to study the identity of the defendant

The article is devoted to topical issues of functioning of the jury trial. Analyzing the application of certain provisions of criminal procedure law, concerning the identity of the defendant, in the jury trial, the authors try to find a compromise between the need to ensure completeness of the judicial investigation, its competitiveness and the need to protect jurors from the negative impact of information presented by the parties.

Key words: jury court, identity of the defendant, competitiveness, defence position


Kozhevnikov O. A. (Yekaterinburg, Urals State Law University, e-mail: On the ways of procurators’ activities

The author considers a number of new ways of procurators’ activities, in particular the fight against corruption; the introduction of a national statistical record of statements and reports concerning crimes, crime trends, crime detection, results of investigation activities and procuracy supervision; drafting annual plans of inspecting small and medium enterprises by the controlling authorities.

Key words: procuracy, procuracy supervision, ways of procurators’ activities


Gorodilova I. A. (Novosibirsk, Tomsk State University, e-mail:, Sokolova T. T. (Novosibirsk, Novosibirsk State Technical University, e-mail: Compensation for harm caused to citizens by the state: a public law institute or a monopoly of private law?

The article dwells on the juridical nature of harm caused to citizens by unlawful acts of public authorities and officials. According to the authors, the state illegal activities and its consequences should be considered under public law since it is closely related to constitutional guarantees of the citizens’ right to legality. The private law model of protection of this right is criticized. The current legal order doesn’t take into account the public law origin of harm caused by the state. The state as the perpetrator of harm and the individual as a victim seem to be equal. As a result, the public nature of the protest against arbitrary rule is diminished because the legislation serves only material interests of the victim. The shortcomings of the action proceedings for the cases, related to compensation for harm, are revealed. First of all, the citizen and the perpetrator of harm act as a plaintiff and defendant. Thus, the state authorities don’t lose their power and dominance in these relations. The victim is charged to hardly accomplishable procedural obligations. Unlike claim proceedings, in actual proceedings the court doesn’t provide assistance to the victim who is in a weak position. In order to overcome the monopoly of private law, it is necessary to consider the cases, related to compensation for harm caused by the state, using the means of the administrative jurisdictional process.

Key words: public law, right to the legal state activities, harm caused by the state, compensation for harm, private law model of harm compensation

Myagkova O. I. (Yoshkar-Ola, Arbitration Court of the Republic of Mari El, e-mail: Protection of the weak contractual party in Russian contract law

Enhancing the weak party’s protection against unfair terms is one of the urgent tasks of Russian contract law, especially at present time, when the number of cases, related to the stronger party’s abuse of its dominant economic and professional position for pursuing personal interests, has been constantly increasing. The author reveals the most effective model of judicial oversight over contracts and proposes the ways for developing the mechanism of the weak party’s protection. Having made a comparative analysis of the legislation and case law of foreign countries, the author defines three models of limitation of contract freedom: based on protection of the weak party, based on the use of standard terms, and general one. The author pays special attention to the issues of the weak party’s protection in Russian contract law where the judicial oversight over unfair contract terms is regulated by the provisions, devoted to contracts of adhesion. As the author notes, in the Russian model, the judicial oversight is exercised over standard terms in order to protect the weak party. There is also an analysis of amendments to Art. 428 of the RF Civil Code. The author commends this new legal approach aimed at enhancing the weak party’s protection against unfair terms. But, at the same time, she criticizes introducing special regulation for contracts with unequal bargaining power. In her opinion, for protection of the weak party, it would be preferable to improve the existing legal regulation of the contract of adhesion instead of replacing it with the institute of contracts with unequal bargaining power of the parties.

Key words: unfair contract terms, inequality of bargaining power, contracts of adhesion, weak contractual party

Poduzova E. B. (Moscow, Kutafin Moscow State Law University, e-mail: Consideration in contemporary civil law: theoretical and practical matters

The author researches and presents the basic principles of the consideration concept. According to the case law analysis, different approaches to the definition, legal nature and consistency of consideration are revealed.

Key words: concept of consideration, benefit, reciprocity, cause of transaction, freedom of contract

Zaitzeva Ju. P. (Yekaterinburg, Urals State Law University, e-mail: The citizen’s right to private life: the content aspect

The content of the citizen’s right to private life is considered a right consisting of different powers which all are independent personal non-property rights. The author analyses thoroughly these powers, specifies the set of them, and clarifies the rationale for complex character of the right to life. Its value and place in the system of personal non-property rights are determined.

Key words: private life, personal non-property right, powers, privacy, secrecy, complex character


Zaitseva L. V. (Tyumen, Tyumen State University, e-mail: Representation of workers in individual labour relations

Labour law scholars comprehensively examine the trade union representation of labour rights and interests of employees, both collective and individual. The author attempts to indicate a need for special legal regulation of representation in individual relations under the labour law. As the author states, the representative of employees, especially non-adults, seeks not to replace the employer but to promote their labour rights and legitimate interests. Legal representatives of non-adults don’t have any kind of special legal status. Their rights and responsibilities depend on those functions that they carry out acting on behalf of represented persons in various relations. Legal regulation of labour status of representatives of employees, primarily non-adult, requires improving the provisions of labour legislation. In particular, it’s necessary to determine the representative’s rights and responsibilities with respect to both employees and employers.

Key words: representation of workers, labour relations, non-adult workers, trade unions

Gorshenina Y. V. (Beloretsk, International Institute of Economics and Law (Beloretsk branch), e-mail: The features of the outsourcing agreement and its relationship to the outstaffing (granting personnel) agreement

The author represents different scientific views on the nature of outsourcing agreements and the relationship between the concepts «outsourcing», «outstaffing», «leased labour». The distinctive features of outsourcing agreements are formulated; their distinction from outstaffing agreements is indicated. Provisions and conclusions of the article could be useful for the rule-making and law-enforcement activities, as well as for the teaching of civic studies.

Key words: outsourcing agreement, features of outsourcing agreements, outstaffing, leased labour

Anufrieva A V (Omsk, Perm State National Research University, e-mail: Sanatorium treatment as an element of national social security systems

The article investigates sanatorium treatment as a part of citizens’ health protection in various national social security systems. Sanatorium treatment in the USSR is cited as a unique form of social security available for wide groups of people. A comparative analysis of free and preferential sanatorium treatment in some republics of the former USSR (Russia, Belarus, Kazakhstan) and in a range of European countries (Germany, Czech Republic, Spain) is conducted. In present days the funds of social insurance are the most common source of the financial provision of sanatorium treatments, and the state budget is less common and provides with sanatorium treatment only certain categories of citizens. It is concluded that currently Germany has the most developed system of sanatorium treatment in Europe; the same goes for Belarus in the post-Soviet region. The author identifies the historic features and basic models of legal regulation of sanatorium treatment, as well as the trends in the development of sanatorium treatment, typical for of all mentioned countries.

Key words: social security, social insurance, sanatorium treatment, treatment pass


Baleevskikh F. V. (Yekaterinburg, Urals State Law University, e-mail:, Svobodnyi F. K. (Barnaul, Altai Academy of Economics and Law, e-mail: On the use of the results of a forensic psychological examination of person’s awareness about the event under investigation for overcoming his or her counteraction

It is stated that the results of a forensic psychological examination of person’s awareness about the event under investigation could be successfully used to overcome the interrogatee’s counteraction. This counteraction often takes form of giving false testimony. The examination mentioned above helps to reveal the specific features of awareness of the examined person about the event under investigation. The accurate use of the results of such examination during the interrogation could encourage the interrogatee to give up his insistence on counteracting.

Key words: interrogatee’s counteraction, forensic psychological examination, polygraph


Medvedev V. G. (Tolyatti, Tolyatti State University, e-mail: On the Roman public law evolution

The article explores the public law development during the archaic period of the Roman state. The author asserts that the Roman public law evolved under the influence of both internal (political and socio-economic) and external factors: in fact, its certain norms and institutes were borrowed from Greek colonists and Etruscans. The legislative enshrinement of the powers and competences of the tsar, senate, national assembly are considered. The author notes that their status and functions were changed due to the state reforms caused by the challenges of time. The institute of patronage-clientela, a role of religion, priestly colleges and the sacral law in the development of the Ancient Rome institutes and legal system are investigated.

Key words: law, public law, national assembly, senate, tsar, priestly college, sacral law


Drapkin L. Ya. (Yekaterinburg, Urals State Law University, e-mail: Page sixteen. «Little episodes of a large case» (continuation)


Kodan S. V. (Yekaterinburg, Urals State Law University, e-mail: A. Ya. Vyshinsky and the development of textbooks on theory of state and law: ideological grounds of the Soviet jurisprudence