Law

One of the facilities of the improvement of the legal regulation to business activity emerges constitutional истолкование rates of the laws. In given article is presented theoretical understanding of importances of the decisions of the Constitutional court RF and Federal Constitutional court FRG for realization of the constitutional right on free occupation of business activity. Results. In article were analysed and subjected to the comparison of the Decision of the Constitutional Court RF and Federal Constitutional Court FRG on questions of the regulation to business activity. Conclusion. Importance legal position Constitutional Court RF and Federal Constitutional Court FRG is reduced to fastening adjusting began activity a state in sphere of the economy and enterprise, removal obstacle in development of the business relations, as well as to protection of the economic rights of the businessmans, including through constitutional interpretation of essence of the liberty of the agreement and ownership. Herewith, coming from particularities of the constitutional right to Germany (not fastening basically Law of the independent right on business activity), on our glance, exists the particularity in interpretation of the rates of the Main Law by Federal Constitutional Court FRG, directed, in the first place, on legal determination and interpretation of the notion «business liberty» and her(its) constitutional-legal contents and borders.

To date, there is an objective need for monitoring and verifying the state courts of arbitration of international commercial arbitration. One of the manifestations of the activities mentioned above is the imposition of international arbitration decision on the presence of his competence, rendered as a preliminary question. In the present, Russian law there are certain conflicts and gaps in the trial of this category of cases, as well as no uniform judicial practice. In this paper, a comprehensive system-legal analysis of the current legislation and jurisprudence on the matter, as well as recommendations for overcoming the conflicts of law. Methods. The methodological basis of the study of the material in this article were philosophical and advanced scientific functions and special methods of learning. In the framework of philosophical methods for writing this article was widely used dialectical approach to the study of the state test institute arbitration competence of international commercial arbitration, which allows to see the latest in its formation, development, cooperation and conflict. In addition, the methodological basis of this article are the principles of scientific knowledge such as historicism, objective and systematic. As for the modern scientific and special ways of knowing, when writing this work were used normative logic, the method of comparative law analysis of judicial and arbitration practice. Their use in conjunction with the scientific study of legal literature has allowed to identify and analyze the main procedural characteristics and patterns of appeal of the decision of the Institute of International Commercial Arbitration of the presence of his competence rendered by him as a preliminary question. Results. Following a review in this paper the study made the following conclusions: the imposition of international commercial arbitration individual decisions concerning the competence it is a right, not an obligation challenged in the state arbitration courts can only arbitration ruling, which operate on the territory of the Russian Federation, contested arbitrations lack of competence in the latter state arbitration courts cannot be challenged. 

The article considers the status of Business  Ombudsman in Russia. This topic is relevant because it is important for Russia today:  higher rates of the private sector, especially, of the small and medium businesses. In this regard, the hot topic for our country is protecting of businesses, in particular, their economic rights  in  their relations with the state.  Results.  In an article for the study of Business Ombudsman in Russia  apply scientific methods of analysis, synthesis,  method, system approach, the method  of the functional approach,  as well  as  private science methods:  statistic,  legalistic and comparative law.  The study the status of Business  Ombudsman in Russia  showed  that this institution has Constitutional status although it is not registered  in  the text  of Constitution of the Russian Federation.  Conclusion.  The Russian  Business  Ombudsman  Institution  is a new structure in the modeling of relations between the state and business  in the country.  Its activities  are extensive and specific and includes  such powers,  which could not be  implemented effectively in the work of the bodies  provided for by the Constitution of the Russian Federation.

In  the  Russian  Federation  protection  of  participants  of  criminal  legal  proceedings  against  criminal  encroachments  is  actual and practical significant problem.  One of the features  of considered  socially  dangerous  acts  is  the  raised  extent  of  crime  victim victimization. Victimization of the personality,  that is process of her transformation into the victim, plays an important role in the mechanism of  individual  criminal  behavior. Involvement of persons to the sphere of criminal legal  proceedings  considerably  increases  level of their victimology  as  the  possession  of  the  specific  rights  and  duties  criminal  trial  participants  mark  out  from  a  circle  of  ordinary  citizens.  The given  article  is  devoted  to  research  of  the  victimological  characteristic  of  the  crimes  committed  concerning  participants  of  criminal  legal proceedings.  Methods.  In  this  work  the  method  of  sociological  poll  more  than  1300  participants  of  criminal  legal  proceedings  was  applied. Results.  From results of poll follows that among socially  dangerous acts  made  concerning  participants  of  criminal  legal  proceedings,  the most  widespread  are:  beating and causing varying severity  of harm  to health; threat of murder or causing heavy harm to health;  crimes against property; slander; infringement of life; hindrance to implementation of justice and production of preliminary investigation; bribery or coercion to evidence or evasion from  evidence or to the wrong translation.  Conclusion.  Based  on  the  conducted  research  the  author comes to the conclusion that the most  vulnerable from criminal  encroachments  are such participants  of criminal legal proceedings,  as  the witness,  the victim, the suspect  accused,  the defender, the witness.  At  the  same  time  crimes  concerning  representatives  of  the  victim, the civil respondent,  the civil claimant practically aren’t  committed.  The  received  results  should  be  considered  during  the  developing and improvement of the measures  directed  on considered  crimes  prevention.