Abstract: The article is devoted to the problem of evolution of the natural law doctrine. The authors consider it to be determined by the development of both social relations and philosophical – legal thought. Today the technical development allows for the auto-evolution of humanity, and its nearest boundaries are reflected by the trans-humanism philosophy. Rethinking human nature, and proving that its fundamental basis is the wish of a human being to improve and remake himself, to remodel the biology, the transhumanists propose their own version of natural law philosophy. Its basic postulate is that of morphological freedom, as expressed in the right to change one’s body in accordance with his wishes. The transhumanists more and more often initiate discussions on ethical and legal aspects of use of biotechnologies and develop the philosophy of natural law towards its adaptation to the novel technological conditions. However, their attempts are yet far from doctrinal provisions. The authors analyze the legal ideas of transhumanism, which are capable of integration of the transhumanism idea into the doctrine of natural law based upon the modern reality. Taking an example of reproductive rights, the authors show that the modern transhumanism is capable of conceptually enriching the doctrine of natural law, by widening the scope of its contents. The communication between the human rights theory and transhumanism philosophy could have facilitated the doctrinal provisions for the principle of autonomy of a person, possessing a natural right to pursuit of happiness, which is expressed by the new natural rights.

Keywords: jurisprudence, philosophy of law, transhumanism, legal doctrine, jus naturalis, technological determinism, legal development, natural rights, right to reproduce, assisting reproductive technologies.

Abstract: The article is devoted to the issues of singling out hierarchically organized levels within the Constitution of the Russian Federation. The author formulates the problem regarding the presence of a number of hierarchically organized levels within the Constitution of the Russian Federation. The author studies specific features of the part 2 of the Art. 16 of the Constitution of the Russian Federation from the standpoint of the conflict of laws norms. It is noted that novelty and unique character of this norm were duly appreciated by the researchers and writers of commentaries to the Constitution of the Russian Federation. It is stressed that such a type of regulation finds no theoretical basis in the traditional theories of legal hierarchies. It is offered to use the theory of hierarchical multi-level systems for the analysis of the situation. From the standpoint of the theory of hierarchical multi-level systems the author views the specific features of the hierarchical priority of conceptual provisions for the fundamentals of the constitutional order in the structure of the Constitution. It is noted that these conceptual provisions behind the specific norms and normative generalizations form one of the ultimate bases for the legal decision-making and interpretation of law.

Keywords: the Constitution of the Russian Federation, the fundamentals of the constitutional order, hierarchy, priority, Constitutionalism, meaning of law, constitutional principles, hierarchy theory, constitutional structure, theory of law.

Abstract: The article contains analysis of entrepreneurial activity definition based upon the theory of entrepreneurial law, legislation and judicial practice. The author evaluates existing scientific viewpoints on the sphere of application of this term, attention is paid to the position on the absence of legislatively provided definition of entrepreneurial activity, which the author considers to be questionable. From the standpoint of entrepreneurial law the author characterizes elements of entrepreneurial activity, such as systemic character and the aim to obtain a profit. Much attention is paid to legitimacy as a formal element of entrepreneurial activity. An opinion is expressed on the contents of entrepreneurial activity, and it is pointed out that the profit of entrepreneur and profit of the owner of property should be differentiated. Finally, the conclusion is made that incorrect and unclear legal definition is complemented by the legal positions from the judicial practice. The article contains the key legal positions of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and the Constitutional Court of the Russian Federation on the relevant issues.

Keywords: entrepreneurial activity, profit, systemic character, judicial practice, legitimacy, state registration, offence, responsibility, entrepreneurial law, economic activity.

Abstract: Public and private elements clash in the modern financial law no matter what legal system it belongs to: Anglo-Saxon, Continental or Muslim. In spite of the fact that the financial law protects public interest first of all, ignoring its private law component may cause significant discord in the society. The historic specificities, religion, fundamental principles inherent to any legal system (reason in Anglo-Saxon legal systems, practicality in Continental legal systems, and justice in the Muslim legal systems) formed the fundamentals of the financial system of each state. Currently in the process of implementation of financial activities of the states, they need to take into account their own general interests (financing the state apparatus, administrative and coercive apparatus, army, foreign political and economic activities, etc.), which are typical of them from the moment of their formation, and also take care of the good of any natural person or legal entity, providing them with the financial opportunities for the implementation of their vital goals and ambitions. Such changes took place due to the growing role of private finances in the financial system. That is why, the states take the path of integration, and they try to find compromise in the issues of clashing private and public interests in the sphere of implementation of economic activity, when developing new norms of financial law.

Keywords: financial law, Continental system of law, Muslim, law, Anglo-Saxon law, public law, church tax, religion and law, public interest, public finances, Zakat.

Abstract: The article substantiates the need to examine the investigative activity protocols and protocols of judicial hearings as evidence in criminal cases. Based upon numerous Russian publications on criminal procedural law of pre-Revolution, Soviet and modern period, the author makes a conclusion that the scientific attention to this problem is not sufficient. The author considers that currently there is a tendency in criminal process for the more detailed examination of the protocols of investigation activity acts and protocols of judicial hearings as evidence on a criminal case. However, there is much less detail on their use in evidence, if they are compared to the testimony, expert opinions or material evidence. For this reason the author makes an attempt to define directions for the further development of this scientific problem in order to improve the procedural legislation and legal practice.

Keywords: evidence, proof, investigative activities, judicial hearing, criminal procedural legislation, investigator, court, judicial proceedings, procedural act, material evidence.

Abstract: The article concerns the issues of organization and improvement of environmental cost accounting at the Russian enterprises in the market economy conditions. The modern society has established an absolute priority of market relations, and environmental protection is related to the rational nature management. According to the Rio de Janeiro Declaration on Environment and Development of 1992 the states should cooperate in order to form an open international economic system, which would lead to economic growth and sustainable development in all of the states, having an influence on environment. On one hand, natural resources have to be used for development, on the other hand, industrial and other processes inevitably influence the environment. Achievement of the optimum development results with the minimal environmental damage is the main goal of the sustainable development concept. One of the problems of the environmental economics in the light of the sustainable development concept is development and improvement of directions and principles of environmental cost accounting and control, including financial and management audit, reporting on environmental markers and environmental audit. At the same time, the link between nature protection activity management and environmental accounting is clear. In the practice of organization work the value of environment is shown through the need to spend money on protection and revival of the environment, requiring the need for environmental cost accounting. The information provided by it may have a significant impact upon the decision-making in management. These decisions should be based upon consideration of the interests of the organization, as well as general social and economic goals of protection of atmosphere, water and land resources, and health of the population.

Keywords: jurisprudence, accounting, natural resources, environmental protection, sustainable development, environment, market relations, economic growth, international economic system, industrial processes.

Abstract: The article concerns conceptual bases of the service delict law, and the author connects its analysis with the characteristics of the latter as a scientific category, which presupposed the need to study the history of its formation, to formulate its definition, to uncover its substantial qualities and its place within the system of law. Revealing its nature includes the study of the contents of the basic term “service delict”, establishing the institutional element within this legal institution, and the author also singles out the sub-institutions of service disciplinary and service material responsibility. Defining its place within the legal system is performed in its correlation with the administrative law as an independent branch of law, administrative delict law, and service law, as sub-branches of administrative law, as well as with the labor law as an independent branch of law. Additionally, the author substantiates the complex character of service delict law as a legal institution of administrative law, analyzing specific factors in support of this statement.

Keywords: service delict law, legal institution, administrative law, administrative delict law, service law, state (public) servants, municipal servants, service disciplinary delict, service disciplinary responsibility, service material responsibility.

Abstract: The article is comprised of three parts, each latter one is the development of what is discussed in previous one. Part 1 is “Correlation of material and procedural law”. Part 2 is “Specific features of procedural sphere of insolvency (bankruptcy)”. Part 3 is “Influence of the practice of the supreme court on the civil judicial procedure on bankruptcy cases”. The material has is inner layout and numbering throughout the article. In the first part of the article the author based upon the general methodological approaches towards the studies of procedural regulation of civil judicial proceedings establishes singles out and defines the contents of civil procedural sphere of insolvency (bankruptcy), its procedural specificities. The author also establishes whether the complex legislative regulation of both material and procedural elements of insolvency (bankruptcy) relations is viable, showing the need to study the complicated mechanism of judicial protection on civil cases, when the material and procedural law provide for double regulation with connection to material legal characteristics of cases through the subject of material legal characteristic features of cases through the object of judicial dispute and protection. With the regard to insolvency sphere the author discusses topicality and scientific inadequacy of recognizing competitive law as a complex legal institution within the civil law doctrine, or singling out procedural norms and legal relations with the material reference as “competitive”. The author considers it inacceptable to provide such material ties to procedural norms regarding procedural forms on certain categories of civil cases within the framework of civil judicial procedure provided for by special procedural norms. The article also contains analysis of legislation, including mostly civil (arbitration) procedural legislation regulating insolvency (bankruptcy) in the perspective of their historical development , as well as the modern situation in procedural regulation of bankruptcy cases, contents and specialized character of civil procedural regulation of judicial proceedings on such cases, its procedural differentiation due to debtor categories and bankruptcy procedures. The article also contains analysis of judicial acts of supreme courts (the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, as well as the provisions of civil and procedural doctrines. The author uses both general scientific methods, such as analysis, synthesis, generalization and analogy, and the specific private law cognition methods (formal logical methods, historical legal method, formal legal method, systemic method, comparative legal method).

Keywords: civil judicial procedure, civil procedural law, insolvency (bankruptcy), procedural norms, bankruptcy cases, legal position, judicial law-making, supreme court, procedural specialization, specialized procedural regulation.

Abstract: The use of knowledge and skills of advocates in order to support illegal or immoral claims or objections of clients was directly prohibited back in the Ancient Rome. This prohibition was included into the text of a special professional oath, which the advocates had to announce at the start of every case where they represented parties. Similar provisions were contained in the latter medieval normative legal acts and codes of local customs. However, it would be a mistake to regard these provisions as absolute, since evaluation of lawfulness and morality was given by the advocates themselves, and secondly the perspective of the case might have been unclear at the time when the client addressed a lawyer. The externally uncompromising position on inadmissibility of advocacy in unjust cases was taken by the French lawyers. However, with some time many renowned lawyers from other states were opposed to them. As for legislation, at the time of Napoleon on February 4, 1804 the text of a new oath of advocates was adopted, and it did not include any references as to choice of cases by them. By the second half of the XIX century only the Belgian legislation provided that the advocates should defend only those cases, which seem just to their soul and conscience”. However, the issue remained topical at the level of doctrine and ethics of advocates. For example, the English advocates did not came to agreement, and various disputes remained among the Russian advocates, which required that the discussion continued in XX century.

Keywords: advocate, taking an assignment, choice of cases, representing in unjust cases, moral injustice, legal injustice, oath, termination of prohibition, discretion of a lawyer.

Abstract: The review is devoted to the first post-Soviet joint project of legal scholars of the Republic of Belarus, the Russian Federation and Ukraine, which is devoted to the eternal problems of fighting crimes against a person, which, as the authors of the monograph point out, justify the very presence of criminal law. The monograph discusses the problems of social prerequisites of criminalization, penalization and qualification of the assaults, the public danger of which was with some minor exceptions always recognized by legislator. The authors provide criminological characteristics of crime in the relevant sphere. The monograph includes analysis of the situation in the field of scientific studies of criminal responsibility issues within this type of crime in Belarus, Russia and Ukraine The monograph includes three parts, each of which is devoted to the specific states. Part 1 is “Crimes against a person in the criminal law of the Republic of Belarus”. Part 2 is “Crimes against a person in the criminal law of the Russian Federation”. Part 3 is “Crimes against a person in the criminal law of Ukraine”. The study is performed with high scientific and theoretical standards, and it should, as the authors expected it to, facilitate integration of scientists at the post-soviet territory, exchange of their experience in fighting crime against a person with means of criminal law. That is why the monograph may be recommended to all those professionally working with criminal law, or gaining professional knowledge and skills in this sphere.

Keywords: criminal law, crimes against a person, the Russian Federation, the Republic of Belarus, Ukraine, the crimes against life, crimes against health, sexual freedom, sexual integrity, personal freedom.