Abstract: This article is dedicated to the issue of the possibility of implementing such notion as “legal entities” within public law. Over the last decades Russia has seen a creation of multiple acts of public law, which often refer to the branches of government as legal entities. Within the Russian science of civil law such qualification is being rejected on the grounds that a legal entity relates only to the civil law. The article offers ways of resolving collision and basis for a mutual development of polemical concepts by the representatives of the public and private law sciences. Reviewing the terminology of some foreign constitutions, using the methods of hermeneutics, historical and logical analysis, and comparison with the legislation of other countries the author proposes a concept of legal entity of public law. The author reveals seven signs of legal entity of public law, offers general definition of a legal entity that suitable for public and private law, as well a special definition is given to the legal entity of public law.

Keywords: Legal entity, private law, public law, criminal law, concept, Civil Code of the Russian Federation, administrative legal entity, enforcement agencies, general definitions, branches of public authority.

Abstract: The subject of this research is the analysis of the phenomenon of politicization of religion in the context of modernization of society. The article examines the traditional institution of religion within classic and modern theories of modernization. It reveals that within the classic theories of modernization the notion of democratization correlated with the notion of secularization, and the problem of politicization of religion did not receive a proper theoretic attention, despite the rich empirical material. Within the later model of modernization its influence on the process of politicization of religion has been substantiated. The politicization of religion is being viewed as an ambivalent process, which contains constructive/deconstructive function of the political religious parties and organizations. The variety of modernization models within the countries of the Near East and North Africa is being researched through the prism of values of a democratic culture from the positions of the Western school of political science. The authors make the conclusion that the political modernization in the Islamic countries is accompanied by the establishment of non-liberal democracies and radicalization of religion. A claim is made that the political elite groups rely on the “enlightened” authoritarianism and traditional institutions of family and religion, which act as a guarantee of realization of a successful national model of modernization.

Keywords: Political modernization, national model of modernization, politicization of religion, authoritarianism, priests, democracy, secularization, family institution, uncertainty principle, complementarity principle.

Abstract: The author analyzes the legal status and current scientific points of view on “graffiti” (from Italian graffiato – "scratched"), which is how the street drawings made on the walls, asphalt, and other surfaces (such as train cars, etc.) are being considered. The civil-legal and administrative-legal aspects of this phenomenon are being researched. Examples are offered on the legal regulation of graffiti on the national and regional levels. The article examines the cases of foreign experience on the legal regulation of graffiti. Various forms of graffiti are being reviewed, as well as factual and legal problems associated with this form of art. The historical-legal and theoretical analyses have revealed the need to not only develop the definition of this form of “work of street art”, but to also formulate the criteria of their classification in order to “enact into the framework of law” the creative work of “street” artists. The author has developed a civil legal concept of graffiti and proposes to define it as a work of visual art that is expressed on the objects accessible for public viewing, which does not violate the rights of the objects’ owners, and does not contradict with the public interest and principles of humanity and morals. There is also an opinion that the purpose of graffiti can be justified by public interest (call to patriotic acts, charity, etc.), or have a private character (attracting attention to an object of advertising, etc.). Such graffiti should be considered an object of intellectual work and therefore, their authors should have the corresponding rights.

Keywords: Graffiti, street art, civil law, copyright law, vandalism, unsanctioned graffiti, visual arts, encrypted text, symbolism.

Abstract: The subject of this research is the use of information technologies within law. The article reviews the early stages of the conception of legal cybernetics, and presents the key problems and opportunities for future development of this branch of science. It examines both, the more simple forms of use of information technologies within law (for example, within the justice in order to simplify the paperwork process between the parties in a court proceeding), as well as the more complex issues (such as use of information technologies in making legally significant decisions, including court ruling). A special attention is given to the importance of development of such relevant problem as implementation of artificial intelligence within law. The author concludes that despite the current difficulties in development of legal cybernetics and information technologies within law, a considerable amount of progress has already been made, and the opportunities for further implementation of these technologies are rather great. The modern trend of the social development dictates the necessity to apply the information technologies into the law as into any other area of everyday life.

Keywords: Law, legal cybernetics, information technologies, artificial intelligence, logic, law enforcement, artificial intelligence, computer, internet, communication, automation.

Abstract: Based on the work of Gene Sharp “From Dictatorship to Democracy” and his methodology on the color revolutions, the authors present the issue of correlation between political rights and liberties, and political foundations of a country, and attempt to find the “red line” between them, since the topic is of constitutional positions. Gene Sharp offers the criteria of “revolutionary organization” and the “revolutionary” as a harmful phenomenon for the society, while the color revolutions the author views as a threat to the national interest of a country as a whole. The definition of color revolution is given based on the combination of criteria, including those presented in Sharp’s book. The authors propose to underline the main and additional criteria of revolutionary activity, including the criteria of financing the public organization from abroad and using it as a basis for considering an organization as revolutionary and therefore, pose a question of outlawing its activity. The authors compare the revolutionary activity with extremism.

Keywords: Color revolutions, misuse of political rights, political insubordination, criteria for revolutionary organization, revolutionary, extremist, technology of color revolutions, constitutional rights, foreign agent, constitutional responsibilities.

Abstract: This article examines the issues associated with the provision of economic security of the Russian Federation as one of the key and basic components of general system of provision of national security of the Russian Federation. Among the various threats of economic security the research is conducted on a particular one – the legalization of income acquired through criminal activity and funding of terrorism. The authors analyze certain international legal aspects of funding of terrorism and the newest laws of the Russian legislation that exert the most significant influence upon the development of the system of countermeasures against the legalization (laundering) of income acquired through illegal means and funding of terrorism. Based on the analysis of various approaches towards the definition of “economic security” the authors propose an original definition of this term. By researching the scientific positions of the Russian legal scholars in the process of counteracting the laundering of illegal income and funding of terrorism this article offers practical recommendations on this problem.

Keywords: Economic security, legalization of illegal income, funding terrorism, legal regime, legislation, administrative measures, financial control, national security, economic stability.

Abstract: Research on the subjects of social influence as the main correctional means for convicts is defined by the controversial nature of criminal punishment: on one hand, it is a measure of state enforcement, on the other – a measure of correction a criminal. Solution of such complicated issue is impossible using only the power of an institution or authority that carries out the criminal punishment, without involving a broad range of the members of the community. Criminal enforcement legislation does not clearly outline the circle of the subjects of social influence mentioning only a few forms of social groups and representatives of public. Based on the analysis of the Russian legislation and the practice of the correctional institutions on the cooperation with public organizations, the author offers a classification of the subjects of social influence by their organizational and legal forms, member structure, extent of authority, etc. Programs such as work release and community service as a form of social influence is being widely implemented within correctional work and have potential for future development.

Keywords: Social influence, correction, criminal punishment, means of correction, enforcement of punishment, classification of subjects, convicts, public organizations, society.

Abstract: This article analyzes the systemic approach in the science of criminology that is used in researching criminality. Criminality is being viewed as a systemic phenomenon, consisting of interconnected elements – types of criminal acts and specific crimes. The author examines the situational approach that is used in philosophy and other sciences, and claims that criminality differs by the elements of contingency. Taking this fact into consideration, the author proposes to define a new type of criminality, more precisely – a situational criminality. He analyzes its current state and claims that approximately 1/3 of the crimes that are being committed presently carry a situational character, and taking this into account, the crime prevention should be structured accordingly. Criminality within criminology is traditionally being viewed as a system (combination) of all committed crimes. At the same time, it is not being considered that many crimes and criminality as a whole carry a contingency (situational) character, and the author therefore proposes to highlight such separate type of criminality as a situational criminality, which accounts for at least 1/3 of all crimes committed in Russia.

Keywords: Systemic approach, criminality as a system, situational approach, role of the situation, situational crimes, crime prevention.

Abstract: This article is dedicated to the research of the criteria for effectiveness of a disposition of a criminal legal norm that is regulated by the legislation and developed by the juridical science and law enforcement practice. It reflects the basis of criminal responsibility (committing an act that contains all characteristics of a crime) and principles thereof (principle of legality, principle of equality of citizens before the law, principle of guilt, principle of justice, principle of humanism), and circumstances that eliminate, mitigate, or aggravate criminal responsibility. This research also includes the stages of functioning of a disposition of a criminal legal norm and the issues of social determination to construct it. In the course of research the author reveals the structure of the disposition of a criminal legal norm and examines the questions of its usefulness, quality, necessity, and efficiency. The following were attributed to the effectiveness of a disposition of a criminal legal norm: timeliness of enacting or abolishing a criminal legal norm; precision with which it reflects the most important criteria of the social danger of a delict; determination of the type and size of a sanction based on its impact upon a specific act; timeliness of implementation of the criminal legal norm towards specific acts; precision of qualification; fairness of punishment.

Keywords: Disposition, criminal law, norm, criteria, effectiveness, regulation, legislation, practice, principles.

Abstract: This article is dedicated to the problems of conducting forensic science carried out as part of providing legal assistance in criminal cases. The author comes to a conclusion that for the purpose of legislative consolidation and elimination of possible procedural problems in providing legal aid in criminal cases the forensic evidence requires validation, standardization of court methodologies, and accreditation of forensic institutions. The author proposes making certain changes to some of the legislative acts of the Republic of Azerbaijan that regulate the work related to forensics. After the changes to the legislation are made, it is necessary to devise national standards such as implementation of the ISO 17025 ENFSI standard, which is mandatory according to the international responsibility of the Republic of Azerbaijan. Currently the certification of forensic experts takes place in the actual Center for Forensic Science. It is necessary to make changes in the legislation of the Republic of Azerbaijan on the certification and requirements for licensing forensic institutions and entering them into the registry of the government forensic experts.

Keywords: Forensic science, legal aid, certification, validation, unified methodology, certification of forensic experts, national standards, the Republic of Azerbaijan, licensed activity.

Abstract: This article analyzes the Announcement of the U.S. Commerce Department’s National Telecommunications and Information Administration (from March 14, 2014) about the intentions of the USA Government to pass the governance of the implementation of the functions of the IANA to the ‘global multistakeholders; the outcome documents of the NETMundial Global Multistakeholder Meeting on the Future of Internet Governance (April 2014, São Paulo, Brazil), and also the Panel on Global Internet Cooperation and Governance Mechanisms (May 2014). In the author's opinion, the implementation of suggestions and measures, specified by the enumerated documents, can radically change the governance of the technological infrastructure of the Internet, and have a substantial influence on the internationalization of the transborder Internet governance. Now it is fundamentally important to discuss the ecosystem of Internet governance, the highlevel structure of which is outlined in the summary documents produced by the NET-Mundial 2014, where the principles of Internet governance and the roadmap of the future evolution of the ecosystem of Internet governance was formulated.

Keywords: Internet, International Assigned Numbers Authority, the functions of the IANA, Internet governance, multistakeholder participation, stakeholders, NET-Mundial, Panel, global Internet cooperation, Internet governance mechanisms.

Abstract: The main direction of development of the judicial system of the Russian Federation is the strengthening of the constitutional protection of citizens’ right for legal defense. In author’s opinion, one of the ways of realizing this concept would be the establishing of an institution of examining magistrates specializing in reviewing the problems on election of the measures of restraint in the form of detaining, prolonging the term of detention, conducting additional investigative actions that limit the constitutional rights of the citizens, as well as reviewing the complaints about the activities of members of law enforcement. Establishing the institution of examining magistrates would provide the following benefits within the criminal procedure: ease the load on the courts of general jurisdiction; contribute to a more thorough and objective court review of the complaints filed in accordance with the article 125 of the Criminal Procedure Code of the Russian Federation on the law enforcement officials conducting the investigation; eliminate the forming of an accusatory trend in reviewing a criminal case and therefore, would ensure following the adversarial principle in execution of judicial control over the procedural activity of the investigative branches.

Keywords: Examining magistrate, legal defense, constitutional guarantees, judicial control, measures of restraint, procedural actions, Criminal Procedure Code.

Abstract: The subject of this research is the constitutional (charter) courts of the Russian Federation and their cooperation with the other judicial branches in the sphere of protection of human rights and liberties. The article touches on the issues of competency of the constitutional (charter) courts of the Russian Federation as compared to other judicial branches. A special attention is given to the establishing of a unified system of branches of constitutional justice by the Constitutional Court of the Russian Federation and the authorities of the constitutional control of the constituents of the Russian Federation. The scientific novelty consists in the author’s conclusion on the need to provide constructive cooperation between the constitutional (charter) courts of the constituent members of the Russian Federation and other judicial branches. This would be an important part of improving the system of protection of human and citizen’s rights and liberties within Russia and the next step in the building of a legal state and civil society.

Keywords: Constitution, Constitutional Court, statute, constituents of the Russian Federation, authority, rights and liberties, advocacy, civil society.

Abstract: The purpose for this work is the analysis of the inherent peculiarities of the legal status of foreign citizens and persons without citizenship in the Russian Federation and the effect of the changes made to the legal statuses of specific groups of foreign citizens and stateless persons onto the general constitutional-legal status of foreign citizens and stateless persons in the Russian Federation. The conducted scientific analysis allowed the authors to come to the conclusion that the constitutional legal status of foreign citizens on Russian soil does not depend on the presence or absence of political legal connection to the country of their citizenship (whether democratic or monarchial system of government) as many authors claim, and is identical for all social groups of foreign citizens and persons without citizenship entering the Russian Federation, and does not differ from the legal status of the stateless persons (apatrides) or foreign citizens who have received temporary asylum, political asylum, or a refugee status within the Russian Federation.

Keywords: Legal status, foreign citizen, statelessness, apatride, refugee, political asylum, constitutional legal status.

Abstract: The freedom of assembly, despite its constitutional recognition as one of the main liberties, seems to attract a lot of attention of the legislators from the perspective of establishing limitations. The constitutional significance of this liberty, as well as the necessity and adequacy of the enacted limitations are evaluated through the prism of the functions performed by the freedom of assembly. The author highlights three main functions: communicative, “uniting”, and the function of “emotional relief”. They collectively define the essence of this liberty and the special nature of its legal regulation. The analysis of the functional potential of the freedom of assembly convinces the author in the uniqueness and irreplaceability of this liberty in a modern democratic state. The limitations of the freedom of assembly justified by the risks of its realization can only be considered as acceptable when they do not infringe on its ability to effectively carry out each of the stated functions.

Keywords: Constitutional Court, complex legislation, function of emotional relief, function of forming an identity, communicative function, freedom of assembly, limitation of rights, individual right, collective right, protest.

Abstract: This article is dedicated to the examination of the nature of the uniformity of the Russian legislation ans the extralegal basis that provide this uniformity. A characterization is given to the two types of extralegal basis of influence upon the uniformity of the Russian legislation: permanent and temporary. The author highlights specific factors of each type and reveals their content. The intricacies of this subject consist in its transdisciplinarity: in addition to the actual juridical doctrine the materials used in this work included political science, ethnology, and geopolitics, which allowed the author to outline the contours of the future scientific development of the extralegal influence upon the legal system of the country. Within the Russian law theory the causes and conditions of the uniformity of the legal system as a whole including the legislative system have not been sufficiently researched. Among the most underdeveloped remained the factors that lie outside the sphere of the province of law. The author comes to the conclusion that the extralegal bases have a natural character and are primary with regards to the legal foundation of the uniformity of the Russian legislation.

Keywords: Legislation, uniformity, factor, legal system, extralegal sphere, federation, geopolitics, ethnos, influence, prerequisites.

Abstract: This work makes an attempt to systematize the order of implementation of the article 10 of the Criminal Code of the Russian Federation with regards to persons serving a sentence in the form of incarceration or those who have completed their term and still have a record at the time of enactment of a law that would mitigate their position. The author reviews the new legislation on optimization of the conditions for cancellation of criminal record for a specific crime, which includes automatic voiding of criminal record if: the act no longer carries criminal punishment; carries a lesser punishment; has new conditions for release from incarceration. Situations are being reviewed, where such legislation is being implemented towards persons currently serving, or who have finished serving their sentence, or have an active criminal record at the time of enactment of a new law that is capable to mitigate the position of these persons.

Keywords: Counter effect of law, criminal record, decriminalization of an act, change to the category of a crime, legal consequences, acting legislation, punishment, threat to the public.

Abstract: The subject of this research is the legal regime of the objects of copyright law in France, and the legal regulation of relations that form in a process of their creation and implementation. The object of this research is the French legislation and the legal doctrine on the copyright law of the modern France. The article examines the legal position of the objects of copyright law in France, describes the rights of authors and other right holders, reveals the types of copyright agreements, and indicates the methods of protection of copyrights in case of infringement upon them. The work outlines the presence of multiple problems within the practice of realization of copyrights and their protection within the Internet environment. The author notes that the French copyright law progresses more dynamically with regards to regulating the relations that form within the conditions of emergence of new forms and technical ways of expressing creative though of an author. This includes both, the synthetic form of art, and the “technological” form of art. Among the main conclusions of the conducted research is the following: by the general rule in the French copyright law a work would be considered original and thus fall under the legal protection only if it “carries the imprint of author’s personality”.

Keywords: Copyright law, Internet, work of art, property rights, subjective right, multimedia products, musical work, copyright agreement, audiovisual work.

Abstract: In implementing the acts of the State Duma of the Federal Assembly of the Russian Federation on amnesty, the question arises whether it includes persons convicted of multiple crimes. With regards to those convicted for multiple offences the amnesty carries a certain specificity of implementation of the criminal legal norms. The consequences of amnesty in setting punishment or granting impunity from the remainder of the sentence for multiple offences, or repetitive crimes, in the case of several individual sentences are not regulated by the Criminal Code of the Russian Federation. The implementation of acts of amnesty regarding persons convicted of multiple crimes is being demonstrated by the example of some specific court rulings. The extent of the legal consequences of implementing acts of amnesty, from impunity from criminal responsibility and punishment, to omitting criminal record, requires more thorough regulation within the acts on amnesty, and a clear order of necessary conditions when applying this institution to the persons who have committed multiple offences.

Keywords: Multiple offences, act of amnesty, repetitive crimes, legal responsibility, criminal punishment, expungement, implementation of amnesty, consequences of amnesty.