Vol 2, No 4 (2015)

The legal phenomena’ stability, its main features and the ways of reach legal system stability are researched in this article. We propose to enact «the lack of conflicts of law» concept in legal terminology.

Article is devoted to research of the Russian law archetype as complex category of jurisprudence. On the basis of legal-anthropological methodology in article it is proved that the images of the state, the legal (law) and the power existing in the Russian law archetype are based on traditional values. Transformation of these values is capable to lead not only to distortion of traditional ideas about the state and law phenomena and a collision between the official legal and individual and group law consciousness, but also generates negative attitude of the individual to formal ways of law rule expression (positive legals).

The article examines the legal idealism as a form of deformation of legal consciousness, reveals the significance of the sense of justice to implement the law. Define the consequences for society in the case of the existence of legal idealism at the state level.

The article deals with the functioning of the constitutional responsibility. The specifics of the author’s approach is to study the functions of the constitutional responsibility based on its broad understanding, including both positive and negative aspects of the implementation. It is proved that having a positive aspect determines the existence of the constitutional responsibility of the regulatory function. Analyzed punitive, preventive, restorative function of constitutional responsibility. Particular attention is paid to the sanctions of the constitutional responsibility as one of the ways to implement its punitive function. Draws attention to the need to distinguish between constitutional sanctions involving sanctions and measures of protection as are measures of constitutional responsibility not. Conclusions about the subjects, objects, and how to implement each of the functions of constitutional responsibility.

The author proceeds from the fact that the activities of the constitutional review of the European states can and should be viewed as a form of justice. However, the constitutional proceedings in comparison with the classics have a number of unique features. One such feature is linked with the requirements to apply to the Constitutional Courts and grant consideration.

The article analyzes the risk of criminal manifestations of the shadow economy, and shown their devastating effects not only on the legal economy, and through it - on politics, social sphere, culture and law. The conclusion is, that due to the significant weakening of this reason, economic, political, social, cultural and legal institutions, the focus in overcoming the criminal manifestations of the shadow economy must be made solely on the still healthy segments of the economy, politics, social, cultural rights.

On the basis of the analysis of legislative structures of the Criminal Law, stipulating the responsibility for the pollution of waters, the provisions of sectoral legislation, as well as the court practice, it is concluded that the term «pollution» in Art. 250 of the Criminal Code used to describe the act, whereas Articles 246, 247, 257 of the Criminal Code - socially dangerous consequences. The use of this approach in the design of criminal prohibitions when the same term is used in the description of how to act, and the consequences, creates many difficulties for law enforcers. To resolve these discrepancies need to make changes, so that in accordance with the rules of legislative technique to adjust the articles of the Criminal Code.

In today’s Russian society, the problems detection and suppression of corruption offenses has become a priority in scales of all country. In this article describes some methods of forming anti-corruption sense of justice and their realization in practice within the programs developed in compliance with the National plan of counteraction of corruption in Russia.

The article estimates the prospects of the introduction of Russian Institute of investigating judges. Along with the assessment of current proposals to reform the criminal procedural law, in relevant part, the author is invited to consider the very feasibility of creating a new form of judicial control over pre-trial proceedings. It is proposed to consider the essence of criminal procedural law, its purpose as the establishment of «rules of the game» in criminal proceedings. It is noticed that exhaustively for the law to all possible practical situation is impossible, and the law itself may become a formal justification for malfeasance. Therefore, to avoid the appear- ance of unlimited repression of the state is necessary to disseminate the legal mechanism for binding rules of morality. As well as the activities of the judicial and law enforcement is not only connected to social and justified response to the crime, but also to damage (or «lesser evil» (greater evil - the consequences of the offense)) the interests of a particular person, subject to criminal liability is required to establish unspecified restrictions for the officials concerned. Therefore, the author answers the question of the admissibility of the institute investigating judges by addressing the possibility of establishing for the judge personally responsible for the prospects which began with his participation prosecution.

The article is about condition of Rehabilitation institute in Russian Criminal Proceeding Law nowadays. In the article are represented serious faults of basical therms & definitions, which regulate the institute of Rehabilitation in Chapter 18th of Russian Criminal Proceeding Law.

Article discusses relationships that provide budget revenues formation. Author researches frameworks of the budget relationships, their subjects, analyzes legal regulation of them.

The paper studies the legal facts in the tax law. The author based on the achievements of the theory of law allocates particular legal facts in the tax law and gives their concept.

This article is revealed the idea of the contract system and also the essence and the necessity at the present time. The urgency of the topic is connected with the changing of legislation in the sphere of procurement of goods, work and services for the state and municipal needs. The performed work allows us to make a conclusion about the significant effects of the contract system on the activity of the state agencies and juridical person.

In article it is noted that freedom of work defined by the Constitution, had direct impact on development of variety of forms of application of work. The greatest volume of privileges and guarantees is provided for the citizens which activity is issued by the service contract and the employment contract, minimum - for the persons working on the contract of civil character. Problems of legal regulation of the atypical labor relations, work of loan and remote workers, psychological prosecution at («mobbing») work are considered. If the atypical labor relations are actually issued by the civil contract, possibility of recognition their labor on the basis of article 11 of the Labour code is minimum. The constitutional freedom of work affected that the labor relations became more flexible, having changed and quantitatively (by types), and is qualitative (on signs, subjects, object and the contents), but changes have to take place in the certain limits caused by socially directed purposes and tasks of the Constitution and the labor legislation.