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CONTENTS

Section: HISTORY, THEORY AND METHODOLOGY OF LAW

Stolypin agrarian reform and contemporary land legislation 4

E.V.Balashov
The article analyses existing land legislation in the light of Stolypin reform and more specifically such institute of land legislation as common ownership of agricultural lands and its key element land equity.

The system and systematization of legislation in the Russian Federation: development prospects 7

E.N.Bosova
The paper reviews the current state of legislation systematization in the Russian Federation as exemplified by such legal instruments as fundamentals of legislation and code of laws and defines its development prospects in view of computer technologies involvement.

Constitution, law and economics 13

V.A.Kochev
The paper reviews the basic principles in the use of economic categories in the RF Constitution. The author notes that their direct transfer is not always suitable because it increases regulatory ambiguity instead of eliminating it. He also states that politics is a mediator between economics and constitution, and therefore economic categories need political faceting, the final product of which is a particular economic-political order. He then concludes that only being politicized the economics acquires the ability of transformation into public (constitutional) form of it existence.

Continuity in the right methodology and the right 18

Litvinovich F.F.
The continuity of the connection of the right is considered as a component of the right methodological-ogy. It is proved that the continuity identifies and accumulates right-ing material for inductive generalization, that is a necessary condition for the ascent from the concrete to the abstract. It is concluded that successive link in the right ratio reveals the architecture of the system of law and the specific historical conditions of their existence.

The brothers Aksakov, K.S and I.S., on Slavophil theory of State 24

S.V.Motin
The paper analyzes the basics of the Slavophil theory of State basing on the articles by the brothers Aksakov and A.D.Gradovsky from the collected volume Slavophils: Theory of State (M., 1898)

Partnership companies in the major legal systems 28

I.V.vod
The article explores the legal structure of a partnership company on the basis of comparative analysis of two legal systems: Romano-Germanic and Anglo-Saxon.

Features of intellectual industrial property institution and its establishment as optimal pattern of legal relations 31

K.B.Tolkachyov, N.L.Sennikov
The article is an endeavor to refine the definition of intellectual property right and systematize its institutions, which is fundamental for the adoption of new edition of Part 4 of the RF Civil Code that lays down and structures the institutions, which provide exercise and protection of authors and right holders rights in the course of employment of industrial intellectual property in civil turnover, as well as administers enforcement of relevant civil rights and liberties of the society.

Section: LAWMAKING AND LAW ENFORECEMENT

Legal platform of Russian federalism 39

A.Yu.Babushkin, G.I.Yarmukhametova
The paper reviews the major features of the legal platform for the federative relations in Russia and their history. Babushkin et al. also explain why so juristically complicated type of federation has been formed in Russia.

On improvement of Russian legislation provisions applicable to clemency 44

..Iskhakova
The paper presents authors proposals for the improvement of legislation provisions that regulate the application of institute of clemency in the Russian Federation.

Legal aspect in placing of orders for goods, work and service by State requirements 50

N.Yu.Marinchak
The article analyzes the regulatory legal acts that govern the procedure of making delivery contracts by State requirements.

On the need for Civil Service Code in the Republic of Bashkortostan 55

D.B.Minnigoulova
The article gives characteristics of the current civil service legislation in the Republic of Bashkortostan. The author presents her proofs on advisability to systematize the legislation in this field by the adoption of Civil Service Code of the Republic of Bashkortostan. She also describes the approaches to its potential structure and content.

Punishment for legitimization (laundering) of proceeds of crime (in monetary or other form) 60

T.N.Nurkayeva, N.V.Yusoupov
The article analyzes the sanctions set by Art.174, 174.1 of RF PC as amended by the Federal Laws of December 27, 2009 #377-FZ and of April 7, 2010 #60-FZ. The authors express their position on the optimization of punishment for laundering of proceeds of crime.

National means official 66

V.B.Podmasko
The paper offers a comparison of such concepts of constitutional (public) law as national language and official language with a remark that the former is characteristic of German legal tradition, towards which Russia and many countries of Eastern Europe always gravitated, and the latter of Anglo-American and Romanic. The author regards official language as a wider notion than national language and also defines the area, where both notions are identical. Commenting the Federal law On the national language of the Russian Federation the author concludes that a correct definition of the national language concept is impossible without involvement of the term official.

Presumption in criminal justice 73

E.V.Popadenko
The author explores such legislative rule as presumption and analyzes the basic types thereof applicable in criminal justice.

Problematic issues in exercising the right of defense counsel for familiarization with materials of criminal case prior to meeting the requirements of Art. 217 of FR CPC 76

A.V.Ragoulin
The article dwells on the problems a defense counsel faces when making a legitimate demand for familiarization with materials of criminal case in the course of pretrial investigation but prior to meeting the procedural requirements set by Art. 217 of RF CPC. The author proposes certain amendments aimed at elimination of these problems.

Controversial issues regarding criminal responsibility for contraband 83

L.V.Serdyuk, .G.Stepanova
This paper presents the studies of issues contained in Art. 188 of RF CC (Contraband), which are of considerable importance for the classification of crimes. The authors propose new component elements of this Article because of expanded notion of contraband.

Legal basis of social audit 89

V.V.Fefelov
The article is an endeavor to systematize international and Russian regulations and standards forming the legal basis of social audit.

Crime scene inspection as an urgent investigative action in theft cases at metallurgical plants 94

.N.Shoustikov
The paper explores peculiar criminalistic tactical techniques in the inspection of crime scene and of other items in theft cases at metallurgical plants.

Section: ABROAD

The mechanism of criminal and legal protection of attorney in foreign legislations 100

D.V.Petrov
The author explores the criminal legislation in a series of foreign countries that safeguards personal, proprietary and professional rights of an attorney. The analysis revealed certain drawbacks in the Russian criminal law on the matter and several positive features in the foreign legislations, which could be used when elaborating relative norms of the RF CC.

East and West: features of trade law history 104

V.K.Samigoullin
The article reviews the periods of trade law development in Europe and shows the specific features of trade organization and regulation in the East taking India and Japan as a case study.

Section: YOUNG SCIENTISTS

Formation and further development of penal system 112

I.R.Atkuzhin
The paper based on the archives and printed matter as well as specialized methods of historical research (statistical, retrospective, analytical) shows the history of the institute of penal colonies and banishment in Bashkiria, which serves to the author also as a case study to define the basic historical, socio-political and legal factors in penal system development of a region

On correlation of civil and land legislation provisions within the institute of private ownership of real estate 116

..Gavva
The article explores the problems of legal regulatory activity within the institute of private ownership of real estate in the Russian Federation, which stem from lack of clear-cut delimitation of private and public legal rules in the regulation of real estate transactions.

Certain problems in exercising the constitutional right to housing by military servants and retirees in the Russian Federation 120

G.A.Isyangoulova
The paper analyzes the constitutional right to housing of military servants and retirees. The author singles out the problems in exercising this right and offers certain methods to improve legislation in this field.

Organizational and legal basis for the formation and further development of the institute of court bailiffs in Bashkiria (18641917) 124

T.B.Karimov
The paper is an endeavor to assess the regulation of relationships in the service of court bailiffs of the pre-revolutionary Russia. It also contains the analysis of methods used by the court bailiffs of those times to execute the judgments. The author offers a system of measures aimed at effective solutions of judgment enforcement-related problems.

Prosecutor's office of the Orenburg Guberniya (17751865) 128

I.M.Mavletberdin
The author, basing on the archives, reconstructs the structure of the Russian Empire prosecutors office in the Orenburg Guberniya. He reviews personnel positions, assignment procedure and applicant specifications, mode of payment and amount of remuneration.

Interpretation of legal rules as a means of exercise of rights 132

K.V.Mylnikov
The article examines the main viewpoints on legal rule interpretation in the contemporary domestic theory of law, offers their classification and underlines their role in exercise of rights.

Development of notarial activity in Bashkiria before judicial reform of 1864 137

.R.Khaibullin
The article explores the formation of notarial activity institution in Bashkiria related to its becoming part of the Russian State. The author makes the emphasis on the fact that experience and archetype of a bondservant scribe played an important role in paving the way for the creation of notarial activity as a legal institute

Section: PERSONAL DAYS IN HISTORY

Lazarev, Valery Vasilyevich 70-th anniversary 141

Section: RESEARCH

Research at the Institute of Law of the VEGU Academy 143

Bosova E.N.

Critical review of the monograph by A.V.Ragoulina and Yu.Ya.Moukarimova Participation of professional defense lawyer in the court stages of criminal proceedings 146

Pospelov O.V.

Modernize means perfect 149

Farkhutdinov I.Z., Galiyev F.Kh.