Abstract: The article discusses the prerequisites for the formation and periodization of functioning of the Yaroslavl School of Law from the formation of the higher educational institution with the rights of a university, its transformations into the Demidovsky Law Lyceum, and then into the Yaroslavl State University, problems of genesis of this school in the sphere of philosophy of law, theory of law, civil law studies, administrative and financial law, labor law, criminal law, civil and criminal process. The authors discuss the input of the scholars representing the Yaroslavl legal school (those, who worked at the educational institution, at the lyceum, or at the university in the periods starting from 1803) into the development of the Russian legal sciences: Professors M.N. Kapustin, V.G. Scheglov, B.A. Kistyakovskiy, P.L. Karasevich, M.F. Vladimirskiy-Budanov, N.I. Palienko, I.I. Dityatin, S.M. Shpilevsky, I.T. Tarasov, E.N. Berendts, A.A. Issaev, A.R. Svischevskiy, N.D. Sergeevskiy, M.V. Dukhovskiy, L.S. Belogrits-Kotlyarevskiy, A.A. Piontkovskiy, V.N. Shiryaev, N.N. Polyanskiy, N.L. Duvernois, D.I. Azarevich, L.I. Zagorovskiy, T.M. Yablochkov, I.A. Gurlyand, V.M. Gordon, L.S. Tal, and others. The authors present the modern directions of the Yaroslavl law schools, including Professors V.M. Gorshenev, P.F. Eliseikin, Y.O. Motovilovker and the currently teaching Professor and leading Associate Professors, facilitating the revitalization of the Law School of the Yaroslavl State University named after P.G. Demidov.

Keywords: the Yaroslavl School of Law, Demidovsky Law Lyceum, Law Faculty, genesis of higher sciences, lyceum concept, lyceum lecturers, Yaroslavl State University, the Russian scientists, scientific schools, history of the university.

Abstract: The article substantiates the definition of the mechanism for the protection of subjective rights within the unity of the system of legal means, which serves the restoration of violated subjective rights, protection of interests protected by law, resolution of legal disputes and elimination of other obstacles in the implementation of subjective rights. The main elements of this mechanism include protective norms of law, protective legal relations and forms of protection of subjective rights as a complex of internally corresponding organizational events aimed at the protection of subjective rights within the unified legal regime. Regulative norms of law regulate normal positive behavior of subjects of social relations, while protective norms regulate behavior of subjects in conflict situations due to legal offences, challenging of a subjective right, formation of other obstacles in its implementation. The contents of protective legal relations include material protective subjective right to the protection of a victim and victim’s right to demand restoration of a violated legal position form an offender, and a corresponding protective obligation of the offender. The court is not a subject of material protective relations. Protective relationship goes through the stages of formation (primary development), specification and implementation. The transformation of a protective legal relation from one stage to another takes place due to the activities of the participants of protective legal relation or the bodies supervising the parties to the protective relationship. These acts are implemented within the framework of organizational legal forms of protection of subjective rights. All of the forms of protection are divided into local (voluntary implementation of responsibility measures by an offender, self-protection, regulation of the dispute by the parties themselves) or jurisdictional (protection of right by a superior body). The judicial form of protection is a type of jurisdictional form of protection of subjective rights.

Keywords: protection of subjective rights, protective norms, protective relations, means of protection, organizational legal norms, mechanism for the protection, mechanism of legal regulation, structure of protective mechanism, legal regulation, forms of protection.

Abstract: The article formulates a definition of challenges in the development of labor law through revealing patterns , defining them based upon the tendencies of further development and the attempt to bring law-making and expert activities into accordance with them. Then based upon the patterns the author singles out the main tendencies of development of labor law. He provides a review of the main tendencies of development of the labor law. He substantiates a conclusion on the expansion of the labor law at the turn of the centuries. He discusses the concept of “flexibility” of labor relations in the modern condition due to the widening of the scope of non-typical forms of employment. The author discusses a problem of legal limits to the “flexibility” of labor law. Special attention is paid to the “new look” of the personal labor rights of a worker in the conditions of information society. The author provides characteristics of the right of worker to dignified labor with respect to its international dimension. The author then notes the perspectives of the further improvement of the legal mechanism for the social partnership as the basis for the harmonization of individual and collective labor rights.

Keywords: labor law, patterns, tendencies, international standards of labor, social partnership, information labor rights, expansion of labor law, untypical forms of employment, flexible labor relations, trade unions.

Abstract: The article is devoted to the issues regarding principles, rules, methods and means of legislative technique of criminal law of Russia. The author evaluates basic, general and specific rules and methods within legislative technique, providing and analyzing the classification of rules in criminal law-making. One of the basic positions in this article is the understanding of the legal technique by the author as a developed and practically verified combination of principles, rules, means and methods for the development, formation, publication and systematization of the normative and individual legal acts. Classification of legislative activities based upon the contents and purposes of relevant issues allows to single out three types of legal techniques: 1) techniques for the organization of legislative activity; 2) techniques for the conceptual development of drafts of legislative decisions; 3) techniques for writing and layout of draft laws (legislative technique). Further, the author analyzes specific principles, methods, rules and other technical components. In particular, correlation of abstract and casuistic methods should be regulated by the following rule: the more abstract is the description of the actions comprising the objective elements of a crime, the more specific the description of consequences of these acts should be, and vice versa. This rule allows to overcome the unilateral character of a legislative construction, but they may only be applied to the materially defined crimes, while the formally defined crimes may be formulated only by referring to a specific type and kind of behavior.

Keywords: legal technique, legislative technique, rules of legislative technique, principles of law-making, means of law-making, methods of law-making, classification, typology, systematization, legal norm.

Abstract: The article provides the definition of differentiation of legal responsibility, regarding the matter of its types, discussing the problem of its bases. Special attention is given to the goal of guaranteeing the succession of various types of responsibility in law, provision of demarcation lines between them by the law. The author understand differentiation of legal responsibility as establishing its various types (forms) by the law depending on the most typical characteristic features, providing for general characteristics of various groups of offences. The basis for the interdisciplinary legal differentiation is first of all the character of danger of the relevant type of behavior or the character of its public danger, harmfulness. In this respect, there is need to follow certain rules, including succession in the process of interdisciplinary differentiation, including the sphere of legal responsibility. From the “vertical” standpoint, the article singles out the following types of responsibility differentiation of the Criminal Code of the Russian Federation: a) legal; b) interdisciplinary; c) within a single branch of law (criminal law, criminal responsibility); d) institutions of criminal law; e) within a group or sub-group of norms; f) within a specific norm. Within a branch of law, it is acceptable to differentiate among: 1) the bases for legal responsibility; 2) forms (types) of responsibility; 3) amount of criminal responsibility and criminal punishment.

Keywords: crime, other offence, legal responsibility, differentiation of responsibility, characteristic features of differentiation, bases for legal differentiation, classification of responsibility differentiation, interdisciplinary legal differentiation, differentiation of criminal responsibility, criminal legislation.

Abstract: The article concerns the main tendencies of development of the key institutions of the family law and family legislation: marriage, parenting and childhood, guardianship and custodianship, as well as the issues of interaction between general and special civil procedural norms regarding judicial proceedings and resolution of family disputes in courts. The author criticizes the positions of a number of civil law scholars on the civil law nature of family law and legislation. She supports the position of the systemic legislative approach to the definition apparatus of the Family Code of the Russian Federation, including the need to provide definitions for marriage and family. The article includes analysis of constituting elements of marriage and de-facto spousal relations, specific features of legal capacity of a child in a family, as well as the issue of application of the construction of family law responsibility towards it. The author also analyzes the system of family law contracts, and the modern aspects of influence of family law relations and norms on the contents of civil procedural norms, including those within the system of family legislation.

Keywords: family legislation, disciplinary sovereignty, development, tendencies, marriage, family, parenting, parental status, legal obligation, child.

Abstract: Analyzing sub-delegation the authors differentiate sub-delegation as such, when a representative provides its substitute with the competence in order to become a new representative for a represented entity (person), and so-called under-delegation, when a representative assigns a substitute for himself as a representative of a represented entity(person). The article substantiates conclusions that in any type of sub-delegation there is no transition of competence, rather a new competence is formed for performing actions, which were initially entrusted on a party involved in sub-delegation. When there is a sub-delegation as such, the primary competence is terminated, and in the cases of under-delegation it remains after the substitute competence appears. The sub-delegation under p.1 of the Art. 187 of the Civil Code of the Russian Federation in unexpected circumstances is an under-delegation, and both the voluntary representative and the lawful representative may issue competence for the actions within the scope of his original competence. The authors discuss the shortcomings of the current provisions of the Civil Code of the Russian Federation on sub-delegation and make propositions de lege ferenda.

Keywords: competence, under-delegation, substitute, sub-delegation, deal, representative, represented entity (person), warranty of authority, the principle of unacceptability of sub-delegation, transfer of competence.

Abstract: The article contains analysis of mitigating circumstances, which are of importance for the application of rules provided for by part 2 and 4 of Art. 62 of the Criminal Code of the Russian Federation. The author analyzes the issues of correlation between these circumstances and the grounds for providing exceptionally light punishment under Art.64 of the Criminal Code of the Russian Federation, as well as some other aspects for the application of mitigating circumstances according to the relevant legislative list. It is stated that the purpose of the pre-trial cooperation settlement is not only (and maybe not so much in) providing an additional stimulus for the more active attitude from a person, who has committed a crime, towards assistance to the investigative bodies, but also in making these activities target-oriented and efficient, usually by providing a requirement to cooperate for the purpose of revealing or investigation of crimes of other persons (part 1 of Art. 317.6 of the Criminal Procedural Code of the Russian Federation). Based upon a number of assumptions, which are also supported by the judicial practice, the author draws a conclusion that part 2 of the Art. 62 of the Criminal Code of the Russian Federation should be formulated as follows: “The period or amount of punishment to a person, who has previously concluded a cooperation settlement and took all measures depending on him in order to fulfill his obligations may not exceed (further provide the option for lighter punishment), if it is shall be proven that this person has also acknowledged his guilt or actively facilitated revealing (investigation) of the crime committed with his participation or of the crime committed by other person (persons)”.

Keywords: mitigating circumstances, list of mitigating circumstances, consideration of mitigating circumstances, facilitating revealing of a crime, guilty plea, exceptional lightening of punishment, pretrial agreement, rules for lighter punishments, lighter punishment, pretrial cooperation.

Abstract: The article concerns genesis and development of the Russian science of financial law as represented by the brightest scientists in the sphere of financial law and statesmen. It is noted that on one hand there is clear continuity, and on the other hand – the connection between scientific generations, especially in the period between 1917 and 1940. The author analyzes the stages of development of the Russian school of financial law, making a conclusion on its unity and variety of regional schools of financial law, which had appeared in the first half of XIX century based on the Universities of the Russian Empire. The author points out specific features of St. Petersburg, Moscow, Kazan, Yaroslav, Kyiv, Tomsk, Kharkiv, Odessa, Warsaw and Yurievsky schools of financial law. It is noted that based upon the level of financial legal studies the Russian scientific school was at the same level with the European scientific school. The author evaluates the input of the Soviet scientists into the theory of financial law. In spite of “strict” ideological limitations, isolation from the global science, the Soviet scientists have formed the theoretical fundamentals for the further development of the science of financial law. It is the Soviet period, when its division from other branches of science was finished and it took its own special place within the system of legal sciences. The author substantiates the main directions for the development of the Russian school of financial law.

Keywords: science of financial law, Russian school, tendencies, history, budget law, currency law, tax law, continuity of studies, monetary turnover, science on finances.

Abstract: The article contains brief characteristics of the scientific ideas of the Professors V.M. Gorshenev, P.F. Eliseikin, Y.O. Motovilovker on the nature of legal process and specific features of its application within specific branches of law. Professor V.M. Gorshenev is one of the founders of the theory of “broad” legal process, who considered that the procedural law is not limited to its traditional branches. He regarded procedural relations as a type of organizational service relations. Unlike the organizational relations within the subject of regulation of material branches of law, the procedural relations are based on subordination with the participation of the body having a positions superior to the parties of an “organized” relationship. He distinguished various types of legal process: founding, law-making, law-enforcement, controlling. Professor P.F. Eliseikin studied the fundamental problems of civil process based upon the general theory of law. He considered the object of judicial activities to be the central link within the judicial protection mechanism. He regarded the right to protection to be an independent subjective right, which is not equal to a violated material right or a procedural right to bring a claim in court. The object of legal protection (violated regulative relationship) in his opinion was different from subject of judicial activities (protective relationship). While partially agreeing with the theory of V.M. Gorshenev, P.F. Eliseikin considered that the legal process is law-protecting activities of jurisdictional bodies, he was a supporter of the theory of “broad” civil procedural law and the formation of the administrative process. Professor Y.O. Motovilovker was a representative of a liberal direction within the theory of criminal process, developing philosophical and procedural aspects of objective truth as a goal of the process. He formed his own concept of the subject of criminal procedural activity and prerequisites for the criminal judicial proceedings. In the opinion of Professor Y.O. Motovilovker the paradigm of the criminal judicial proceeding was an understanding of criminal process, which was competitive and based upon the presumption of innocence as the guarantee of finding out the truth and means of protection of innocent persons from unlawful and unfounded criminal prosecution. The results of studies of V.M. Gorshenev, P.F. Eliseikin, Y.O. Motovilovker to a substantial extent have formed the basis for the modern procedural law.

Keywords: Gorshenev, Eliseikin, Motovilovker, scientific heritage, process theory, procedural law, right to protection, problem of objective truth, civil process, criminal process.

Abstract: The article is devoted to the analysis of the activities of the 5th session of the International Forum “Crime and Criminal Law in the Age of Globalization”, which took place on October 26-28, 2013 in Beijing, and united over 200 scientists and experts from 19 states of the world: Argentina, Brazil, the Great Britain, Hungary, Germany, Spain, Italy, Canada, China (including Hong Cong and Macao), Columbia, Russia, Serbia, the USA, Thailand, Taiwan, Philippines, Japan, as well as the representatives of the UNO, the Europol and the International Association for Criminology. The motto of the forum was “Unite the people in the world for the new global anti-corruption era”. The resolution of the forum reflected the main approaches towards the criminal policy of the states at the current stage of development of the international criminal law, and national legal system in the sphere of fighting corruption. Resolution contains the opinion of the scientists and experts from the leading states of the world on the issues of optimization of criminal law and criminological measures for fighting corruption at the age of globalization.

Keywords: Beijing, international forum, corruption, globalization, criminological science, criminal policy in the sphere of fighting corruption, international legal regulation in the sphere of fighting corruption, criminal law means, optimization of means against corruption, resolution of the forum.

Abstract: The article shows specific features of legal regulation of the procedure of tax dispute resolution. The author singles out its elements and stages, paying special attention to the characteristics of the first stage, which has to do with the existence of the legal norm, which is a fundamental basis for the order in procedural relations, as well as character of material relations, which should be put into a procedural form, predefining the direction of procedural regulation, as well as the principles of this or that type of process. The moving force of the dynamics of the tax disputes and the grounds for the transfer of the procedural relations form one stage to another are legal facts. The author studies the problems regarding initiation of a tax dispute, and the possibility for its initiation by a tax body due to act or a failure to act by a taxpayer constituting an offence. Additionally, the author analyzes the issues of judicial appeals for the decisions of tax bodies. Based upon the use of a dogmatic method of studies the author comes to a conclusion that a tax dispute a) is a separate legal relation, which is not included into the structure of a tax obligation, while having a significant impact upon the development of tax legal obligations and relations; b) is a parallel process towards the latter relations, rather than taking place after they are completed (an exception is the situation when a decision of a tax body on charging an additional tax, when an independently calculated sum was already paid by a taxpayer).

Keywords: ax, tax dispute, taxation, taxation in Ukraine, tax obligation, mechanism for dispute regulation, legal regulation, legal fact, tax debt, judicial appeal to the decision.