Abstract: This article explores the evolution of development and current situation of the state system of language education testing in the Russian Federation. The author highlights corresponding normative acts at every stage of development of the system that regulate the procedure of state testing of Russian as the second language, as well as exam for Russian as the second language, history of Russia, and the basics of the legislation of the Russian Federation. The work presents the key peculiarities of the functionality of the language education testing system on the federal and regional levels. The research is based on the results of the analysis of the legislation of the Russian Federation, as well as bylaws enacted by the branches of government of the Russian Federation. A conclusion is made that the current state system of language education testing can be divided into state system of testing for Russian as the second language and state system of exam for Russian as the second language, history of Russia, and basics of the Russian legislation. The system of comprehensive exam, in turn, subdivides into federal and regional.

Keywords: work permission, citizenship, foreign citizens, testing, exams, history of Russia, legislation, Russian as the second language, cultural integration, migration

Abstract: This article is dedicated to the analysis of the establishment of the principle of federalism in the United States of America, as well as the problems of its practical implementation and factors that affected this selection of the form of cooperation of states. The work generalizes the practical experience of application of federalism of law and judicial system that ensures its realization, “implied authority” and “supremacy clause” of the U. S. Constitution with consideration of opinions of a number of researchers. A comparative analysis is conducted on realization of the principle of federalism of law in the United States and the Russian Federation. Based on the conducted analysis, the author determines the specificity of the functionality of this principle of federalism of law that is characteristic namely for the United States. The author highlights the peculiarities of the development of Russia that form a different understanding and application of this principle. A conclusion is made on the limitation of the branches of government authority on the federal and regional levels in the United States.

Keywords: Anglo-Saxon legal system, Hierarchy of the sources of law, Limitations of legislative regulation, Principle of residual competence, Competence of federal authorities, State authority, Cooperation of states, Implied authority, Supremacy clause, Federalism of law

Abstract: The article analyses new elements of Federal legislation in the public-private partnership sphere and the constituent entities’ experience of applying various models of public-private interaction including investment forms (concessions, public-private contracts, lease with investment commitment) and forms not involving investment (public contract; subsidies to consumers of social services and social services providers). It is demonstrated that in most cases they are interchangeable, which causes the necessity to perform their comparative analysis at the project preparation stage.Methods of logical analysis, and statistical analysis were used to identify regional problems arising in social sphere in connection with public-private partnership development. Surveys of public authorities of Russian regions were conducted. Development of public-private partnership entails a risk of degradation of the budgetary institutions. The process of substituting of budgetary institutions by private providers is very active in home care sector; reallocation of budgetary resources in favor of private providers takes also place in the sphere of healthcare and education. In the home care sector, not requiring significant investments, the process of replacing public services by the private ones does not create significant risks, but those risks are really serious in the sphere of healthcare and education - the capacity of the public sector, in the case of its loss, is not subject to rapid recovery. There was a number of cases, when PPP-reconstruction of health facilities led to the reduction of free services for people.

Keywords: Semi-stationary social care, In-home social care, Social service, Noncommercial organizations, Social care providers, Subsidies, Concessions, State procurement, Social sphere, Public-private partnership

Abstract: This article explores the peculiarities of the legal regulation of anticorruption measures in the state civil service of the Russian Federation. The author analyzes the key issues in civil servants reporting income, expenses, property, as well as verification of these reports. Analysis is conducted on separate element of the legal status of civil servants that carry anticorruption character. The author highlights the issues pertaining to the possibility of bringing civil servants to disciplinary accountability for violations of corruption nature. The novelty of this research consists in the fact that in represents a comprehensive research of the legal issues of anticorruption measures in state civil service of the Russian Federation. The author formulates a proposal to improve the current civil legislation and legislation on state civil service.

Keywords: account, conflict of interest, gift, expense reporting, income reporting, liability of public servants, anticorruption, civil service, stocks, legal status

Abstract: The subject of this research is the laws and bylaws of PRC that reflect the aspects of intelligence and counterintelligence activity in PRC. The object of this research is the regularities and trends of development of public relations that form in PRC in the process of ensuring national security of the country. The author explores such aspects of the topic as normative legal acts of the People’s Republic of China that regulate the issues of administrative law regulation of the intelligence and counterintelligence activity in the country. A special attention is given to the possibilities of using a number of its institutions for improving Russian legislation. The author concludes that solution of such issues as legislative formalization of such basic concepts as “intelligence activity” and “branches of foreign intelligence”, improvements to the legal position of the branches of foreign intelligence in the system of federal branches of executive power, as well as improvements of the order of views of the results of the intelligence activity will ensure national security of the Russian Federation. The results of the comparative legal analysis of the foreign experience present both, theoretical and practical interest for improvement of the legislative regulation of the intelligence and counterintelligence activity.

Keywords: national security, Counterintelligence, Intelligence, State secret, Ministry of National Security, Espionage, China, Russia, Federal Security Service, Terrorism

Abstract: This research explores the following: norms of criminal and criminal procedural legislation that regulate the key positions on prison crimes; normative legal acts that regulate the order of functionality of correctional facilities; materials from surveys of employees of correctional facilities; disciplinary practice of correctional facilities and personal profiles of inmates who committed crimes while in prison; criminogenic determinants that contribute to commission of crime in correctional facilities, the system of measures on their prevention, as well as court cases on this category of crimes; materials from cell searches and personal cases on inmates; financial records. Based on examination of the empirical material and analysis of the statistical data, the author determines the key issues of correctional facilities in the area of crime prevention. The author proposes measures for individual prevention of actions aimed at disorganizing the work of facilities that provide isolation from society. A claim is made that there is a need to consider factors that contribute to commission of crime and devise certain measures on their prevention. The author proposes introduction of new approaches towards individual crime prevention and job placement for inmates for the purpose of their resocialization and prevention of prison crimes.  

Keywords: Imprisonment, Punishment, Violence, Criminal identity, Work placement, Video surveillance, Convict, Crime, Preventative measures, Prison crime

Abstract: This article focuses on the issues of legal and organizational character associated with the improvement of prescribing practices for certain punishments for crimes of corruption in the social sphere. The author carefully considers the aspects of the topic such as improving the practice of sentencing for crimes of corruption in the Russian Federation. Analysis is conducted on the practice of application of these penalties in recent years. It is noted that the practice of sentencing for corruption (including for crimes of corruption in the social sphere) constantly changed, which is linked to the constant reform of the criminal law in terms of punishment for corruption according to the criminal code. This work also analyzes the judicial practice in this sphere. The main contribution made by the author in this article is that the key directions of improving the practice of sentencing for crimes of corruption in the social sphere should be reduction in the use of the penalty of imprisonment. The author concludes that the systemic application of prison sentences for this category of crime should be replaced with a systemic application of punishment in form of confiscation, revocation of the right to hold any public office, and apply a more flexible and differentiated approach.

Keywords: Responsibility, designation, trial, practice, social, punishment, property, bribe, crime, corruption

Abstract: The subject of this research is the system of norms of criminal legislation that defines the boundaries of its jurisdiction. The author sequentially refers to the norms of Russian and foreign legislation in order to provide a comprehensive analysis of this topic. In this particular case the author uses German criminal code and compares it with its current Russian counterpart. For this purpose we have examined the examples of formalization of the territorial, personal, passive personal, real and universal principles in the German Criminal Code. The scientific novelty of this research consists in the fact that the author is first to base the analysis on both, the current criminal laws of Russia and Germany, as well as the historical sources (Criminal Code of the RSFSR and Criminal Code of the GDR), which undoubtedly affected the doctrine of criminal law. The author was able to determine the certain regularities in development of German criminal law, which distinguish it from Russian legislation, as well as legislation of the countries of Common Law.

Keywords: territorial jurisdiction, Ort der Tat, cybercrime, jurisdiction, StGB, Strafgesetzbuch, Internet, Germany, phishing, German Democratic Republic

Abstract: This research is dedicated to the question of new approaches towards the principle of separation of authorities in the constitutional law of some countries of the Latin America. It explores positions of the Constitutions of the Nicaragua and Venezuela that are dedicated to the new branches of government – electoral and civil. The author analyzes their organization and functions of the branches of government that comprise these bodies. A special attention is given to the Venezuela’s civil authority, which offers an interesting experience of uniting various government branches that have control and oversight authority. A conclusion is made that the civil authority formalized by the Constitution of Venezuela has a significant similarity to the controlling authority, the ideas of formation of which have been repeatedly expressed in Russian scientific literature. At the same time, the Latin American experience in this area remains insufficiently studied, which justifies the scientific novelty of this research, thus it presents a significant interest for the study of constitutional law. The materials examined in this article and its conclusions can provide certain practical use.

Keywords: Prosecutor’s office, Venezuela, Bolivia, Human rights, Civil authority, Electoral authority, Control, Latin America, Separation of authorities, Constitutional law

Abstract: This work analyzes the legal regimes within which the personnel of private military and security companies (PMSC) are allowed to use force. Analysis is conducted on the consequences for the legal status of the personnel of PMSC in cases of application of various regimes. The author clarifies the notion of direct involvement in military activity and legal consequences. Pertaining to the legal regime of self-defense the author provides requirements that should be met in order to use force and not lose the protection of international law. It is determined that the personnel of PMSC can use force only within the framework of two legal regimes: direct involvement in armed conflict, and self-defense. The author concludes that vast majority of the PMSC personnel does not have the status of combatants and their direct involvement in military action can lead to loss of protection that is given to them as civilians by international law. Thus, the only solution for the personnel of PMSC is use of force in the regime of self-defense. It should be noted that this is only allowed with regards to objects protected by international law (civilian population and objects), otherwise their actions would be considered as direct involvement in military operations.

Keywords: Rules of engagement, Non-combatant, Combatant, Self-defense, Military operation, Use of force, International law, Human rights law, International humanitarian law, Private military company

Abstract: This article is dedicated to the modern trends of the transformation of consular functions in the conditions of globalization. Radical changes in modern global economic connections and migration processes demonstrate the importance and significance of the legal regulation of consular relations from the perspectives of both international and national laws. In this research, the consular law and consular service is being examined through the prism of new challenges associated with such phenomena as increased travel, natural disasters, civil wars, multiple citizenship, international employment, pension issues, child abductions, forced marriages, sex tourism and human trafficking, all of which significantly impact the transformation of consular functions at the present stage. These factors substantiate the growth in demand for quality and efficient consular services, which in turn affect the transformation of consular functions in the modern conditions. This research allowed the author to highlight three key vectors of the work of governments in this area: expansion of consular functions in accordance with demand; management of expectations for the purpose of affecting the growing demand; introduction of improvements into the sphere of consular services in order to meet the demands.

Keywords: Consular services, Communication innovations, Technological innovation, ICT, Collaboration, International cooperation, NGO partnership, Consular functions, Consulate, Globalization

Abstract: The subject of this research is the procedural work of magistrates introduced into the Criminal Code of the Republic of Kazakhstan from the beginning of 2015. The author draws attention to the fact that the scope of authority of the new procedural figure is not sufficient for proper and independent execution of judicial control at the pretrial stage of criminal process. Portion of authority by the new Criminal Procedural Code of the Republic of Kazakhstan was also part of the competency of the court. Based on this fact, the author proposes a comprehensive solution to the issues of improving the work of the magistrate. Among the main conclusions of the conducted research are the proposals for improvements to the work of magistrates, which are not completely verified from  the perspective of scientific substantiation and practical implementation, but have the goal to attempt to examine the benefits and flaws of the new institution to ensure protection of citizens, improvement of the quality of the pretrial investigation, and judicial control at the pretrial stage of the judicial process.  

Keywords: Control over investigation, Justice, Sanctioning, Judicial control, Pretrial process, Criminal Procedural Code of the Republic of Kazakh, Criminal procedure, Magistrate, Judge, Court

Abstract: This work explores the problem of the definition of "interest" by the courts when considering disputes in the sphere of legal relations of parents and children. Special attention is paid to the interpretation of the interests of children when making decisions about the child's place of residence when the parents live apart. The authors examine the importance of identifying children's interests when considering property disputes between the parents, in particular, the issues of increasing the share in the common property of the parent who has the custody of the children. Issues are investigated from the perspective of family law and civil procedural law. A conclusion is made on the necessity of legislative changes. Considering the multidimensional nature of interests, the concept of "interest" is highlighted in the related fields of scientific knowledge: economics, philosophy, psychology. The work demonstrates the advantages of using a modern psychological approach towards understanding of interests as the basis for the formulation of legal definitions.

Keywords: family law, interests of the parents, interests of the child, interest, parent relationship, parents, child, civil process, judicial discretion, family conflict

Abstract: This research focuses on determining the interconnections between permitted use of land and territorial zoning. Distinctions are made between the norms of Land and Urban Development Codes of the Russian Federation on territorial zoning. The authors explore the factors that form the content of the legal regime of land and analyze the conditions that create the opportunities for “individual approach” towards establishment of the legal regime of separate lots and capital construction projects. Assessment is made of the cases of arbitrary definition by the right holders of real estate of conditionally permitted types of usage of lots and objects of capital construction. The authors draw a conclusion on the absence of clear legislative base for zoning of territories, giving the law enforcement broad freedom for discretion in determining permitted type of use of land lots that can contradict the designation for the corresponding land lots.

Keywords: Land category, Residential zone, Land zoning, Urban development regulation, Urban development zoning, Construction regulation, Land use regulation, Permitted use, Zoning, Legal regime

Abstract: This review on the 4 volumes edition of “Selected Works” of A. E. Zhalinskii describes the main fields of his research, many of which have had a significant impact on the theory of criminology, criminal law and comparative legal studies in in Russia. At first, the authors of the review offer the reader a short portrait of the personality of A. E. Zhalinskii, then the consecutive review of the volumes, and last but not least, general characteristics of all his scientific creativity and thinking as a whole.The edition includes the publications of different years, illustrating the author’s views, especially on social functions and methodology of criminology (vol. 1), goals and ways for criminal law’s updating (vol. 2), content and main tasks of criminal political science (vol. 3), legal profession and methodology of legal research (vol. 4). The scope of interests and encyclopedic knowledge allowed A. E. Zhalinskii to go beyond the boundaries of traditional legal studies and provide new directions for the development of national criminal law and criminology. The well-grounded criticism of the current state of the research in these fields and the proposed theoretical-instrumental approach as the tool for its renovation deserve attention from the professionals. The works of A. E. Zhalinskii on the links and interactions between criminal law and economics as well as on the role of criminal law in the system of the state control on economic activities are particularly interesting. The review noted the contribution of the author to modernization of legal education in Russia, especially, the development of a new academic discipline, describing the essence of legal profession. The publications of A. E. Zhalinskii on foreign criminal law and comparative studies are not ignored in the review. In the review the author appears as an original thinker and scholar, whose works are not tied to a specific period of time of its publication, but are methodological in nature.

Keywords: legal profession, legal education, comparative legal studies, criminal law and economics, criminal political science, theoretical-instrumental approach, criminal law, criminology, legal studies, methodology of legal research