DOI: 10.7256/2454-0706.2018.3.25862

Abstract: The subject of this research is the history of establishment and current state of the institution of preemptive rights in the Russian civil law. Attention is focused the trends of formation of the institution of preemptive rights from the first sources of the Russian law until the present time. Based on the conducted analysis, the author concludes that in the Russian civil law the institution of preemptive rights was evolving within the trends of European development. The institution of preemptive rights has emerged primarily in relations associated with common property and family relations. Subsequently, the preemptive rights became available in the stream of commerce to the participants supported by the government. Currently, due to the advancement of corporate legal relations, the institutions of preemptive rights is applied for regulating relations in the corporate structure. The scientific novelty consists in the systemic historical-legal analysis of establishment of the institution of preemptive rights in the Russian civil law, as well as determination of its development trends. The author makes a conclusion on the commonness between the Russian and European paths of development of the institution of preemptive rights in various branches of the civil legal relations; it allows using the approaches of the foreign legislation for improving the Russian institution of preemptive rights with consideration of peculiarities of the Russian legal system.

DOI: 10.7256/2454-0706.2018.3.25926

Abstract: The subject of this research is the events and factors that have direct impact on the establishment, development, and activity of the private military companies (PMC) of the United States in terms of modern warfare in other countries. The goal of this work lies in analysis of the United States experience in use of the private military companies for achieving the military objectives alongside its effectiveness; determine the areas for future research of the activity of PMC; reveal the potential of international community aimed at regulation of the private military business. Attention to the legal facet of the issue substantiates the need for legislation and oversight for the action of PMC, which requires attention to the issues of ethical nature. Conclusions can be made that as long as the activity of the PMC is not meticulously studied and introduced into the legal field, the moral-ethical issues and problems of criminal punishment for the acts committed will remain unsolved. The services of PMC will continue to be in demand in the future by not only the U.S. government, but also private organizations and transnational corporations for achieving their personal goals.

DOI: 10.7256/2454-0706.2018.3.25741

Abstract: The subject of this research is the modern normative legal base that institutionalizes physical culture in higher educational facilities of the Russian Federation. The object of this research is the domestic policy of Russia on formation of physical culture of the students. The author examines the key grounds and sources of the indicated domestic policy, indexes and indicators of its efficient implementation. The center of attention is the incorporation of the given component of domestic policy in such spheres as: education, physical culture and sport, youth policy, socioeconomic development, and national security of the country. The presented conclusions were acquired through application of the method of content analysis, comparison, and synthesis of the existing legislation. The author detects the presence of prominent domestic policy on formation of physical culture of the students in modern Russia, underlines its high relevance, as well as provides comprehensive characteristic, considering the profound interdisciplinary connections. The author’s substantiates a thesis that the efficiency of implementation of domestic policy of the Russian Federation on formation of physical culture of the students depends on the quality of normative legal regulation of the physical education processes within the higher educational facilities of the Russian Federation.

DOI: 10.7256/2454-0706.2018.3.25795

Abstract: This article is dedicated to the problem that is especially relevant for Russia at the moment. In March of 2018, presidential elections will be held in Russia, and in September – the direct elections of the heads of 17 subjects of Federation, including Moscow mayoral election. In the conditions of aggravation of relations with the West, the results of elections will compel special attention of foreign observers, including possible doubts in legitimacy of decision made by Russians. International monitoring at the elections allows forming a clear idea on the elections. The goal of this article is to reveal the importance of international monitoring of national election. The author also solves other tasks associated with revelation of historical facts, development of the institution of international monitoring of elections; as well as demonstrates the role and specificity of the works of OSCE and Council of Europe. The article examines a number of aspects that have not been previously discussed in the works of Russian authors. It is noted that the international monitoring has become a traditional form of control over the elections held at the various levels. The author makes generalizing conclusions and provides recommendations that can be  considered in future organization of the national, regional, and local elections.  

DOI: 10.7256/2454-0706.2018.3.25817

Abstract: The object of this research is the activation of the Asia-Pacific political vector of Russia. The East development plan declared by the President in 2013 alongside the foreign policy turn of the Russian Federation towards the East due to the current crises of the system of international relations, created the additional prerequisites for close integration of the Russian Federation and its Far Eastern subjects with the Pacific Rim countries. The authors assume that the activity of the Russian Federation within the framework of the international institution of BRICS, which membership Russia has for over a decade, falls within the concept of modern eastern policy of Russia. For revealing the institutional potential of Russia for realization of its “eastern” political vector through BRICS, the authors analyze the participation of Russia in the integration processes in the East, as well as the interests of the key players of the “five”. The scientific novelty lies in application of the complementarity approach of BRICS mechanism and pursuance of its leading actors, including Russian Federation, towards realization of the “eastern” foreign policy vector. The researchers believe that in the conditions of global tension, the institutional potential of BRICS will encourage Russia’s integration into the Pacific Rim.

DOI: 10.7256/2454-0706.2018.3.25732

Abstract: The subject of this research is the legal regulation of electronic government within the framework of European law (law of the European Union). The article examines various initiatives, informative acts (development plans, concepts), as well as normative acts (by-laws, directives) that regulate different aspects of electronic (digital) interaction between the EU citizens and government authorities of the member-states and authorities of the European Union. The author reviews the key vectors, areas of legal regulation of e-government that fall within the jurisdiction of European Union. The article acknowledges the achievement in the area of legal regulation of e-government and separate aspects of legal regulation of the indicated questions at the European level. The scientific novelty consists in analysis of the set of normative, consultation, and policy acts of the European Union with regards to electronic government. The author determines the key directions, fields of development of the European legislation pertinent to regulation of various aspects of digital interaction between the citizens, government authorities, and authorities of the European Union. It is claimed that the main emphasis of the European law is put on the development of the elements of e-government that ensure the growth of single market, which particularly manifest in legal regulation in terms of the European law: digital exchange of customs documents; identification procedures (digital signature); resolution of commercial disputes in digital regime.

DOI: 10.7256/2454-0706.2018.3.18568

Abstract: The object of this research is the public relations emerging in the process of formation and implementation of law enforcement function of the state. The subject of this research is the theoretical methodological problems and legal grounds of law enforcement function of the state. The author meticulously reviews the main approaches towards recognition of law enforcement function of the state, provides argumentation to such recognition from the perspective of the norms of Russian language alongside the scholars’ relation to law as the positive or objective category, as well as analyzes the content of law enforcement function. The scientific novelty consists in the first attempt in Russian jurisprudence to comprehensively examine the theoretical methodological problems and legal grounds of law enforcement function of the state. The author concludes that the law enforcement function carries features that characterize it as an independent function of the state. In accordance with the standards of Russian language, it is more appropriate to call the function of the state on protection of legal norms the law enforcement function. The law enforcement function implies ensuring law and order and strengthening of lawfulness.