Abstract: In this study, the author considers a new phenomenon in the Russian legal order - the public interest law. The theoretical preconditions for the formation of the concept of the law of public interest through the prism of the convergence of private and public law are analyzed, and certain norms of civil legislation concerning the protection of public interest are given. In the course of the research, the author comes to the conclusion that the effectiveness of solving the problem of defining the public interest law should be determined by the necessity of its objective existence as such. It should be kept in mind that, on the one hand, it is necessary to create conditions for a uniform understanding of the category of "public interest", excluding its broad interpretation for the benefit of private or public law, on the other - establishing criteria, methods and mechanisms for implementing and protecting public interest by using norms of both, private law and public law. In addition, the author concludes that the concept of public interest law in its Americanized perception cannot be fully accepted in the Russian legal field, since it significantly impoverishes the idea of protecting public interest in general.

Abstract: The authors give special attention to the problem of imposition of insurance services on consumers in credit contracts. The inclusion of a borrower into the insurance program together with the conclusion of a credit contract is a wide-spread practice of imposition of a hidden financial burden on a borrower, since such insurance services are fee-based. Banks, which have no right to provide insurance, act as mediators. The authors consider the procedure of conclusion of credit contracts containing the insurance term, and the judicial practice in this field of civil law. The authors use the methods of analysis, abstraction and specification, and define the conditions of effective law enforcement for contestation of credit contracts containing the insurance term. The scientific novelty of the study consists in the proposed ways to solve the problem of illegal imposition of insurance services on a consumer when concluding a credit contract. The authors conclude that the analysis and the proposals, formulated in this paper, can be used for further improvement of the legislation on consumer’ rights and citizens’ rights protection. 

Abstract: In this study the special attention is paid to the problems of illegal collection of fees at the conclusion of credit agreements. Shortcomings of legal regulation and ambiguity of judicial practice has led to legal possibility of bank’s usage of the funds significantly aggravates the situation of the consumer (borrower) at the conclusion of the credit agreement. The authors reviewed the most common types of fees, charged for the conclusion of credit agreements, including a fee for maintaining the loan account, as well as enforcement practice on this category of civil cases. The authors used the methods of analysis, abstraction, concretization, systemic approach, the unity of theory and practice and formal legal method. Scientific novelty of this research consists in the fact that the authors suggest some ways of addressing the problems associated with the illegal collection of fees at the conclusion of credit agreements on the bases of legislation and judicial practice. During the research the authors come to the conclusions that the analysis and offers, developed in this article, can be used in practice for further improvement to the legislation on protection of consumer rights.

Abstract: This research is devoted to a comparative analysis of the criminal legal means of countering misconduct when receiving payments, a type of which is fraud in the field of scientific research in the performance of a state task. The subject of the work is the norms of foreign legislation. Research objective is to formulate the main approaches towards the regulation of the liability for fraud when receiving payments and comparable acts in legislation of foreign countries, and optimization of the Russian criminal legislation on liability for fraud, taking into account international rulemaking experience. The methodological basis of the work is a comparative legal method of research. The authors also used the methods of analysis and abstraction. The new results obtained include: highlighting the main approaches in formulating the encroachment in question in foreign legislation; the conclusion that the special norms on fraudulent activities with subsidies in the criminal legislation of individual countries are not fully comparable to the Russian counterpart of the norm (Article 159.2 of the Criminal Code of the Russian Federation), and therefore, the foreign experience in designing their dispositions is not very suitable for interpreting fraud in obtaining State grants in the Russian criminal law; attention is drawn to the need for a uniform definition of the punishability of general and special types of fraud, according to how this is reflected in the criminal legislation of foreign countries, differentiating responsibility for fraudulent abuse, depending on the sphere of commission, the subject and methods of criminal encroachment. The obtained results deepen the content of comparative criminal law and can be used in teaching criminal disciplines, as well as improving Russian criminal law.

Abstract: In this study the special attention is paid to the problems of illegal collection of fees at the conclusion of credit agreements. Shortcomings of legal regulation and ambiguity of judicial practice has led to legal possibility of bank’s usage of the funds significantly aggravates the situation of the consumer (borrower) at the conclusion of the credit agreement. The authors reviewed the most common types of fees, charged for the conclusion of credit agreements, including a fee for maintaining the loan account, as well as enforcement practice on this category of civil cases. The authors used the methods of analysis, abstraction, concretization, systemic approach, the unity of theory and practice and formal legal method. Scientific novelty of this research consists in the fact that the authors suggest some ways of addressing the problems associated with the illegal collection of fees at the conclusion of credit agreements on the bases of legislation and judicial practice. During the research the authors come to the conclusions that the analysis and offers, developed in this article, can be used in practice for further improvement to the legislation on protection of consumer rights.

Abstract: This research is devoted to a comparative analysis of the criminal legal means of countering misconduct when receiving payments, a type of which is fraud in the field of scientific research in the performance of a state task. The subject of the work is the norms of foreign legislation. Research objective is to formulate the main approaches towards the regulation of the liability for fraud when receiving payments and comparable acts in legislation of foreign countries, and optimization of the Russian criminal legislation on liability for fraud, taking into account international rulemaking experience. The methodological basis of the work is a comparative legal method of research. The authors also used the methods of analysis and abstraction. The new results obtained include: highlighting the main approaches in formulating the encroachment in question in foreign legislation; the conclusion that the special norms on fraudulent activities with subsidies in the criminal legislation of individual countries are not fully comparable to the Russian counterpart of the norm (Article 159.2 of the Criminal Code of the Russian Federation), and therefore, the foreign experience in designing their dispositions is not very suitable for interpreting fraud in obtaining State grants in the Russian criminal law; attention is drawn to the need for a uniform definition of the punishability of general and special types of fraud, according to how this is reflected in the criminal legislation of foreign countries, differentiating responsibility for fraudulent abuse, depending on the sphere of commission, the subject and methods of criminal encroachment. The obtained results deepen the content of comparative criminal law and can be used in teaching criminal disciplines, as well as improving Russian criminal law.

Abstract: This article discusses the legal and technical regulations in the sphere of halal products. The trade in halal products has recently expanded in the global market, including the Russian Federation and the Republic of Kazakhstan. The authors have observed the changes in the product labelling in 2015 and elaborated some practical methods for consumers concerned with identifying the “halal” labeled products. They have also looked into issues that may arise in the legal regulation of this sphere. In addition to analyzing the specifics in the products certification (legal and technical regulation), the authors also identify some examples of rights abuses. Recommendations provided and conclusions reached on the subject in question can be essential for a successful trade performance of halal merchandise in the Russian Federation and other countries of the CIS. The implementation of the authors’ proposals can contribute to both, a more effective protection of consumer rights, and have an impact on commercial performers acting in bad faith, as the latter would bear a risk on an equal basis with the state. In case of breaching common rules and regulations, such performers would discredit the religious products made in their countries on the global market.

Abstract: This article discusses the legal and technical regulations in the sphere of halal products. The trade in halal products has recently expanded in the global market, including the Russian Federation and the Republic of Kazakhstan. The authors have observed the changes in the product labelling in 2015 and elaborated some practical methods for consumers concerned with identifying the “halal” labeled products. They have also looked into issues that may arise in the legal regulation of this sphere. In addition to analyzing the specifics in the products certification (legal and technical regulation), the authors also identify some examples of rights abuses. Recommendations provided and conclusions reached on the subject in question can be essential for a successful trade performance of halal merchandise in the Russian Federation and other countries of the CIS. The implementation of the authors’ proposals can contribute to both, a more effective protection of consumer rights, and have an impact on commercial performers acting in bad faith, as the latter would bear a risk on an equal basis with the state. In case of breaching common rules and regulations, such performers would discredit the religious products made in their countries on the global market.

Abstract: This article examines one of the most relevant issues of modern civil law – life estate. The authors analyze the legislation pertaining to this institution within the civil codes of the member-states of the CIS. Emphasis is made on the specificity of the content of norms that govern the aspects of life estate, as well as their general and distinct features. A special attention is given to the reception of the norms of the Civil Code of the Russian Federation by other member-states of the CIS, as well as the special aspects of regulation of these relations within legal systems that do not have the institution of life estate within their national civil codes. The authors are some of the first to raise the issue of comparison of the positions of the civil codes of the CIS member-states on life estate. The authors formulate a conclusion that the concurrent emergence of the norms regulating life estate in virtually all of the CIS countries provides an objective possibility of borrowing separate legal norms that regulate life estate.

Abstract: This article examines one of the most relevant issues of modern civil law – life estate. The authors analyze the legislation pertaining to this institution within the civil codes of the member-states of the CIS. Emphasis is made on the specificity of the content of norms that govern the aspects of life estate, as well as their general and distinct features. A special attention is given to the reception of the norms of the Civil Code of the Russian Federation by other member-states of the CIS, as well as the special aspects of regulation of these relations within legal systems that do not have the institution of life estate within their national civil codes. The authors are some of the first to raise the issue of comparison of the positions of the civil codes of the CIS member-states on life estate. The authors formulate a conclusion that the concurrent emergence of the norms regulating life estate in virtually all of the CIS countries provides an objective possibility of borrowing separate legal norms that regulate life estate.

Abstract: In this article the author examines the historical and legal background of the formation and development of rent relations in Europe and Russia. It is noted that the Genesis of rent relations in General and the annuity contract in particular has its own salient features associated mainly with the beginning of their development. Historical background of the formation of rent relations have a significant impact on modern legislation in this area, allow to determine the positive and negative aspects of this process, provide an opportunity to avoid possible errors in the process of creating and applying the relevant law. In the process of research by the author was used analyti-cal, specific historical, comparative legal methods, allowing to formulate conclusions on the study. Scientific novelty of the conducted research is that the author tries to trace the processes of the historical peculiarities of the formation of the Institute of rent relations in modern civil law. The main conclusion of the conducted research is to substantiate the fact that the state, using publicly-legal instruments of private law relations, should affect the formation of the development strategy of rent relations in order to prevent the violation of a legal balance of participants in their contracts me-diating.

Abstract: The subject of the research is the set of normative legal acts regulating the formation of judges of courts of general jurisdiction in the Russian Federation. The author explores not only regulations, but also archival sources. The paper makes an interesting conclusions, allowing the show features of the procedure of formation of the judiciary in the study period. The above circumstances actualize the theme chosen for the study because of historical and legal analysis of the experience of becoming the organizational and legal mechanism of formation of the judiciary in the RSFSR can make positive adjustments to the process of reforming the modern judicial system in order to avoid the mistakes made in the past. Methodological basis of this work are the general principles and methods of scientific knowledge related to the research unit of the humanities. This includes, in particular, the principles of dialectics: Development and historicism, general scientific approaches - methods of analysis and synthesis, systematic approach, induction and deduction, etc. In addition, were used special methods: formal-legal, concrete historical, comparative legal, chronological, sociological, etc. due to the fact that the presented thesis is the first in the domestic legal science work that attempts to conduct a comprehensive analysis of the organizational and legal mechanism of formation of the judiciary courts of general jurisdiction in the Russian Federation. In the course of the study to obtain new results and conclusions, supplemented, clarified, specifying either refute prevailing in the domestic legal science views on the issues of formation of the judiciary in Soviet Russia.

Abstract: The article considers one of the key aspects of consumer rights protection in Russia - the enforcement of the right for judicial protection. The right for judicial protection of consumer rights is one of the most important legal guarantees of citizens’ rights on the market of goods and services. The enforcement of consumer right for judicial protection is determined by its special legal status, which provides a number of additional legal benefits, including those of a procedural nature. The author elaborates separate procedural peculiarities of consideration of civil cases on the protection of consumer rights, provided not only by the Russian Federation Law "Concerning the Protection of Consumer Rights, but also by the decision of the Plenum of Russian Supreme Court "On courts, civil cases involving disputes about consumer protection" dated 28 June 2012, No. 17. In the process of research the author uses the analytical, formal legal methods, the method of abstraction, which allowed formulating conclusions. The scientific novelty of the research consists in the fact that author, on the basis of norms of the current legislation on the protection of consumer rights identifies the procedural peculiarities of enforcement of the consumer right for judicial protection, the content of which is also affected by judicial practice. The author comes to the conclusion that, despite a rather clear mechanism of judicial protection of consumer rights, in the process of enforcement there may appear problems of efficiency of some procedural advantages that, in its turn, necessitates the upgrading of dictinct legal norms.

Abstract: The subject of the research in this article is the problem of implementation of voluntary certification caused by the imperfection of the existing technical legislation. Authors try to make an attempt to analyze the reasons for the unsatisfactory condition of normative legal base. The research is based on the idea that certification is one of the fundamental means of consumer protection in the sphere of goods circulation and the economic system as a whole, which gives the consumer a guarantee of identity of a specific product by the state’s standards. The authors describe some problems of legal regulation of voluntary certification. The authors use the general scientific (analysis, synthesis) and the special scientific methods: formal-legal, comparative-legal. As a result of the study the authors conclude that the domestic consumer market has various contradictions and problems in the field of voluntary certification. Many innovations don't spread in this sphere as, for example, the draft law on certification, religious certification is ignored, and so on. We consider that the main problem is the low legislative regulation that promotes active growth of abuse in this sphere as well as non-legal thinking of Russian consumers.

Abstract: The subject of this research is the analysis of scientific studies in the sphere of consumer protection, which are devoted not only to general theoretical aspects of the problem, but also to its specific spheres which fall under the of force of law of the Russian Federation “On consumer protection”. The authors report statistical data about the research in the field of consumer protection. This analysis had been held in historical perspective. The article shows the changes in the amount of research in this field. The authors are the first who systematized scientific works in the sphere of consumer protection according to various criteria in the particular period of time (2013 – 2014). The authors had used the methods of analysis, synthesis, the formal-juridical and chronological methods of scientific cognition. The authors had come to the conclusion that the studies in the sphere of consumer protection are of a very dynamic orientation. Moreover, it is significant that consumer protection, as a subject of a scientific research, is of a big interest not only for legal scholars, but also for specialists in other scientific spheres. 

Abstract: The article studies the problem of deferment of punishment in connection with parental rights. The author considers the particular aspects of the institute of deferment of punishment. The article studies both normative and legal materials, and judicial practice related to this question. The author considers parental rights and responsibilities of mother and father in the comparative vein and comes to the conclusion about invalidity of discrimination. The author states that certain improvements in the question of deferment of punishment of fathers in case of an underage child upbringing necessity have been reached in the legislation recently. As the research methods the author uses analytical method, abstracting and concretization, which allow the author to define the conditions of deferment of punishment. The scientific originality of the research consists in the fact that the author states a range of research problems of big social importance, such as an unreasonable contraction of the group of men who can be granted the deferment of punishment in case of an underage child upbringing; the time of a deferment granting, etc. The author comes to the conclusion that the problem of contradictions in the institute of deferment of punishment can be solved by means of criminal legislation modernisation taking into account the existing regulations and principles in the sphere of constitutional and family law. At the same time, all the questions, related to deferment of punishment, should be regulated according to criminal statute. 
 

Abstract: The article considers the main ways of copyright infringement in the Internet. Nowadays there are various and numerous ways of copyright infringement in cyberspace. As the study shows, copyright infringement is an international problem, and each country searches for the legal ways of struggle against it. The author uses the methods of analysis, synthesis, abstracting and concretization, and reveals the peculiarities of copyright infringement in the Internet. The scientific originality is based on the fact that the author is one of the first scholars who consider the peculiarities of copyright infringement in the Internet from the point of view of the necessity to maintain the balance between the private interests of consumers and the use of legal measures against the infringer. Eventually the author concludes that the key concept of the contemporary system of intellectual property protection in the Internet should be the presumption of the free use of copyright objects, unless the rightholder declares the other. The main role in struggle against copyright infringement in the Internet should be assigned to the legal measures. 

Abstract: The article considers the issues related to the Russian political parties’ programs creation and functions. The article reveals the common problems of the programs of the political parties represented in the State Duma of the Russian Federation. As a result of the research the author suggests to amend the Russian legislation in the sphere of political parties’ programs regulation.
The author uses the general classical methods of legal knowledge: problem and chronological, synchronous, comparative, system, and statistical. The author makes the original complex study of the political parties’ programs legal regulation based on the materials of the existing political parties and on the works of the Russian scholars. The author comes to the conclusion that it is necessary to oblige political parties to officially formulate their programs in the key spheres of state activity such as state-building, lawmaking, executive-administrative activity, justice, public prosecutor's supervision, and financial control. Moreover, political parties should officially announce their attitude towards economic, cultural, social, and foreign policy of the state

Abstract: Currently, agreement-based regulation of relationships with consumers cases in practice significant difficulties which are expressed in the growing number of legal cases of this category. Such problems are due to the practice of including in the contracts of bad-faith provisions by the consumers’ counterparties. In this article, the author considers this problem, for the ultimate purpose of solving the question of effectiveness of agreement-based regulation, through the lens of Article 16 of the Law of the Russian Federation “On Protection of Consumers' Rights”.  It examines the possibility for the consumers to challenge in court certain provisions of contracts which infringe their rights. In this article, the author uses the methods of analysis, abstraction and specification, as a result of their application the author defined the conditions for effective agreement-based regulation of relationship with consumers. The scientific novelty of this work lies in the fact that this is one of the first works in which an attempt is made to substantiate the insignificant role of the contract as a regulator of relationships with consumers. During this research, the author draws the conclusions that the analysis and successions offered in this article may be used in further work aimed to improve the laws on the protection of consumers’ rights.

Abstract: Regulation of the relations with participation of consumers is of great importance for any democratic state as this sphere carries not only economic, but also national social character. Even in the most ancient time legislators sought to provide interests of buyers, mainly, controlling correctness of conducting trade activity. At the same time, during the pre-revolutionary period there were no the special norms providing responsibility of the seller just before the buyer. Laws of the Russian Empire didn't create consumer protection as independent institute of civil law, and only created its some elements. But these elements, mainly, formation of the right for quality, served a basis for further development of the norms protecting the rights of buyers. In the course of research by the author analytical, problem and chronological, comparative-historical methods which application to studying of the historical past provides the analysis of the occurring events in their interrelation and the corresponding concrete historical context were used. Scientific novelty of research is shown that the author shows influence of the theory and practice of pre-revolutionary protection of the rights of buyers for need of understanding of a harmonious combination (ratio) of public and private-law means, ways and forms of impact on the violator of the legislation on consumer protection in their modern value. The author comes to conclusions that the domestic pre-revolutionary legislation and the scientific doctrine didn't provide special norms on protection of the rights of the consumer; for the pre-revolutionary legislation governing the relations with participation of consumers the public nature is characteristic; prerequisites of understanding of consumer protection as the complex legal phenomenon connected with active state and legal regulation were created.