Vol. 25 No. 4 (2018)

Purpose. Determination of the ratio of legal succession and legal innovation in the state regulation of drinking activity, which was the most important source of budget revenues of the Moscow State during the second half of the XVII early XVIII centuries. Methods. Historical-legal and comparative legal analysis of published legislative sources of this period of time characterizing the main directions of state policy in the sphere of regulation of production and turnover of alcoholic beverages. Results. It was established that the main directions of the drinking policy of the state, which took shape during the period of the Moscow State and which were legally fixed in the articles of the Cathedral Code of 1649, were the struggle against rudeness (illegal private production and trafficking in alcohol) and the regulation of the sale of alcoholic beverages to the population through taverns of two kinds: on faith and on redemption. The decisive role in the systematization of the alcohol legislation of the Moscow State by the decree of Tsar Fyodor Alekseevich was substantiated on July 18, 1681. It is proved that, despite the transition of Peter I from 1698 to transformations in various spheres of society, in its drinking policy the tendency to legal succession and following prevailed in the main course, developed with his immediate predecessors on the throne. Scientific novelty. The article discusses the issue of legal succession in drinking policy, which has not been fully covered in pre-revolutionary and modern historico-legal historiography. Disclosure on the specific example of the drinking policy of the Moscow State the importance of a flexible combination in the legislative process at the stage of transition to a cardinal reform of the traditional society of continuity and novelty is an additional argument in favor of historiographical position denying the gap with the past in the legal policy of the Russian Empire.

Object. Identification of factors constraining the development of project Finance in the regions and determination of directions of development of regional system of project financing is an important problem of the Russian economy in General and municipalities in particular. The author comes to the conclusion that the gradual implementation of developed for the development of a system of measures that will increase the number of successfully implemented investment projects with use of project financing mechanisms, and as a consequence to increase the innovative potential of the region aimed to ensure the continuous upgrading of production facilities and increase of investment activity. Purposes. The aim of this work is to determine the factors constraining the development of project financing in the regions and propose measures for its development. Methodology. The present study used General research methods such as generalization and systematization of scientific data on the formation of project financing in Russia, theoretical and empirical knowledge in the form of a scientific text. Results. The result of this work is the formulation of constraints on the development of project financing and identify measures to be implemented for successful development project financing in the regions. Conclusions. The measures in the legislation and technologies, the implementation of which will contribute to a more dynamic socio economic development of the region and Russian economy as a whole.

Purpose. This article is devoted to the creation of a collective portrait of the Ural mayor, elected by the representative body from among the candidates submitted by the competition Commission on the results of the competition, and the head of the local administration. Methods. The paper used a biographical method, i.e. the study was based on the analysis of biographical data of the current heads of municipalities of the Sverdlovsk region. Results. As a result of the study, the author came to the conclusion that the current Ural mayors are middle aged men born in the Sverdlovsk region, with higher technical education and working in the municipal service as heads of municipalities. Scientific novelty. The General portrait of the Ural mayors is made and the beginning of studying of municipal elites of the Middle Urals is put.

Purpose. Analyze the current problems of the development of the institution of local self-government in the Russian Federation. Methods. The trends in the development of local self-government are analyzed on the basis of a comparison of the fundamental legal acts and empirical data on the development of local self-government in Russia over the period 2099-2017. Results. Based on the dynamics of indicators of local government development in the Russian Federation, on the basis of scientifically based approaches and expert assessments, as well as their own conclusions, key problem areas for the development of local government development are identified, the causes of negative changes are identified. Analysis of the provisions of the legislation and the study of the state of development of the main processes in retrospect allows the authors to conclude that local government in Russia still has a long period of development, improvement and a difficult search for a balance between independence, independence and effective functioning to ensure the development of the territory. Scientific novelty. On the basis of a retrospective analysis of the dynamics of the main parameters of the development of local self-government in Russia, as well as the generalization of evidence-based approaches and expert assessments, negative trends in the development of the local government institution in the Russian Federation are systematized.

Purpose. The study of housing preferences of residents of the city of Yekaterinburg and the development of recommendations aimed at the development of housing construction in Yekaterinburg. Research methods: a formalized interview of the population of Yekaterinburg (from 2 to 6 November 2016); sampling method (quota sampling, sample size 1000 people); statistical data analysis. Results and scope. The article presents the results of an empirical study of the housing preferences of residents of the city of Yekaterinburg. Identified target groups of buyers, preferred areas of the city to stay, as well as the main factors influencing the choice of real estate. The intentions of residents of the city to purchase housing in Yekaterinburg, the desired characteristics of housing, the motives for the purchase of housing and the financial capabilities of residents of the city are revealed. The significance of the research results for practice is confirmed by the fact that recommendations have been developed aimed at the development of housing construction in Yekaterinburg. Scientific novelty. Scientific novelty is to obtain new empirical data on the preferences of the residents of the city of Yekaterinburg when choosing housing. The factors that must be considered for the successful development of the housing market in the territory of Yekaterinburg are studied.

The article discusses the main problems of modern society associated with the municipal government in the sphere of active life of the older generation. Object: the elderly contingent of Muscovites. Subject: reforming the social time of retirees. Purpose: analyze, from a historical perspective, the social time of the generation born in 1938-1963. The modern period is characterized by the fact that municipal government invades the social time of people, revolutionizing all existing canons in the stereotypes of behavior of the older age group of the population. A special role in reforming the social time of the older generation is assigned to the management structure of the Integrated Centers for Social Services of the Population (CCPSA). Of scientific interest is a group of Moscow residents who were born in the period 1938-1963. This is the part of society that is currently already included in the category of pensioners and can actively participate in the Moscow Longevity Program of the city. The municipal program is aimed at mitigating the socio-psychological climate and allows you to adapt this generation of its citizens to constructive socio-economic changes in society. A new approach is proposed for considering the Moscow Longevity Pilot Project as one of the links in the ongoing policy of social modernization of the country.

The article discusses certain aspects of the modular-rating system used in higher education institutions, allowing to identify one or another of its aspects in the process of forming students, as future specialists, with relevant competence.

Purpose. Conducting a study to assess the scope of children's recreation in municipalities and regions for its residents. Methods. The study is based on the methods of quantitative, scoring, questioning and interviewing. Results and practical importance. The sphere of children's recreation in the system of additional education ensures the development of demographic, investment and General economic indicators, raises the standard of living, both in the region and in the country as a whole. Scientific novelty. The attitude of residents to the system of additional education through the sphere of children's recreation as a factor of attractiveness and an indicator of the quality of life of the population is revealed.

Purpose. The research is aimed at analyzing the legal nature of local issues, their definition as the subject matter of local government bodies and identifying the features of their constitutional and legislative regulation. Methodology. The research is based on comparative legal and formal legal methods of studying the analyzed subject, which made it possible to determine the local issues as the subject matter of local government bodies, to assess the effectiveness of regulatory regulation of the solution of these issues, taking into account the content of municipal legal relations and the techniques of legal techniques used. Results: criteria for local issues that allow to characterize them as the as the subject matter of local government bodies are identified, problems in the regulatory regulation of local issues are identified, and author's proposals for their solution are proposed. Scientific novelty: author's definition and classification of local issues as the subject matter of local government bodies are formulated, it is justified that the subject of conducting local self-government bodies are derived from the subjects of state power.

This paper discusses the issue of the spread of the principle of separation of powers, enshrined in the Constitution of the Russian Federation, in relation to the subjects of the Russian Federation. The analysis of the federal legislation and the legislation of the subjects of the Russian Federation, the positions of the Constitutional Court of the Russian Federation, as well as points of view on this issue available in legal science. In the course of this study, it was concluded that it is necessary to create and operate constitutional (statutory) courts as a branch of state power of a constituent entity of the Russian Federation. The problems of the creation and functioning of constitutional (statutory) justice bodies, the causes of these problems are indicated, and ways to solve them are proposed.

The article analyzes the problems of participation of public legal entities in corporate relations and bringing them to civil liability.

Object. The article deals with specific violations of the requirements of the legislation on the protection of competition by the local authorities. Purpose. Study of the causes of frequent violation of the requirements of the legislation on protection of competition by local authorities and formulation of proposals for their elimination. Methods. The requirements of the legislation on protection of competition, as well as the legislation on heat supply, water supply are analyzed using formal logical and statistical methods. Case practice is studied with the aid of the dialectical method. Results. In some cases, the violations of the requirements of the law on protection of competition by the local government bodies are determined by the incorrect or the impossible to implement legal rules, which literally leave no way to the local government bodies to remain within the requirements of the law. Conclusions. In order to solve the nationwide task of reducing violations of the antitrust legislation by local authorities there is a need for targeted adjustment of certain legal acts and the cooperation of antitrust authorities with the local authorities.

The article characterizes the model of obligations arising from the infliction of harm by illegal acts of public authority, which, taking into account the specificity of the implementation of civil legal personality of public legal entities and the type of legal proceedings in this category of cases, participate in these legal relations other than the creditor and the debtor.

Purpose. Identification of social factors that had an impact on the development of Russian civil legislation in the context of accelerating the modernization of society as a result of the reforms of Alexander II. Methods. Carry out a comparative historical analysis of the dynamics of the development of civil legislation and the processes of social change in Russian society, using the research of pre-revolutionary and modern jurists and historians. Results. It was determined that the main trend of the transformation of Russian civil legislation in the conditions of post-reform development was the transition from the Code of Civil Law to the Civil Code. This transition could not be completed, not only because of the lack of a unified position of the professional legal community and the existence of bureaucratic obstacles on the part of the authorities, but also because of the transitional social structure of society that influenced the split of mass legal awareness. Scientific novelty. It is established that the incompleteness of the transformation of civil legislation in the Russian Empire was a reflection of the similar incompleteness of the social transformation of society in the second stage of Russian modernization.

Unfair execution of a state order or contract for the provision of services for state and municipal needs causes significant economic damage to the state and its citizens. The examination of the execution of the state contract is difficult due to the lack of a coherently theoretically developed and practically important methodology for the examination of the execution of the state contract, as well as special recommendations for evaluating this kind of examination by employees of contract departments.

Purpose. The study of the powers of local governments in the field of compensation of social risks. Methods. The article analyzes the provisions of federal laws, laws of the subjects of the Russian Federation on the social security of orphans and children left without parental care. Attracted international standards for the protection of children. Characterized measures for social support of orphans and children left without parental care, provided at the municipal level of government. Results. The paper substantiates that in relation to a child deprived of the care of parents and family, several social risks are realized, which leads to their synergy. Therefore, the protection of such children is an obligation of all levels of state power, local self-government, public organizations, and society as a whole. The municipal level of social support is considered as one of the ways to compensate for the social risk of orphanhood. Compensation of this risk involves the use of significant financial resources, therefore, at the municipal level, as a rule, the powers transferred by the state authorities of the constituent entities of the Russian Federation are exercised. It was concluded that, despite the lack of direct instructions in the Federal Law “On the General Principles of Organizing Local Self-Government in the Russian Federation”, the authorities of these bodies in the field of social security, including social support, municipalities have the ability to carry out activities aimed at compensation social risks. Using the example of the social risk of orphanhood, we can talk about assistance in compensating this social risk at the local level. Scientific novelty. The scientific novelty lies in the analysis of federal laws, laws of the subjects of the Russian Federation, aimed at identifying the possibilities of local governments in the field of compensation of social risks.

Purpose. The study of the specifics of the implementation of other work of civil servants, the identification of the facets affecting the employment relationship. Methods. The work is based on the comparative legal method of cognition, which allowed a full and in-depth study of the object and subject of research. The study used a set of General scientific and special methods of cognition. Analyzed the provisions of the labor code, regulating issues related to compatibility, as well as prohibitions established by paragraph 3 part 1 of article 17 of the Federal law of July 17, 2004. №79-FZ" on civil service in the Russian Federation", providing for a number of circumstances that are incompatible with the combination of the position of civil servant. It is revealed that the ban on implementation by the public civil servant of other, both paid work, and work on a free basis is not unconditional, contains a number of the exceptions which are directly contained in the law and the exceptions demanding the analysis of the specific case. Results. It is revealed that the provided ban on implementation by the public civil servant other, both paid work, and work on a free basis is not unconditional, contains a number of the exceptions which are directly contained in the law and the exceptions demanding the analysis of the specific case. When detecting a violation by a public servant of the ban, it is necessary to analyze the existence of a conflict of interests of the parties, as well as compliance with the procedure for obtaining the consent or notification of the employer about the occupation of another, not related to the exercise of powers of a public civil servant. Scientific novelty. Scientific novelty lies in the study of the relationship of labor legislation, the Federal law of July 17, 2004. №79-FL" on civil service in the Russian Federation", Federal law of 25.12.2008№ 273-FL (ed.of 28.12.2017)"on combating corruption".

Subject: The subject of the article is legal and organizational issues related to the qualification of administrative offenses in the field of taxes and fees as sources of local income generation. Methods: a theoretical and legal analysis of the problems of qualification of administrative offenses related to bringing to administrative responsibility in the field of taxes. The legal framework, the legal composition of these administrative offenses, their main types and peculiarities of qualification by officials of tax authorities and judicial bodies are investigated. Results and practical significance: according to the results of the study, it was concluded that at the present time for proper qualification of offenses in the tax field it is necessary to fix the offenses on taxes and fees in one regulatory legal act the Administrative Code of the Russian Federation. Scientific novelty: lies in the proposal to solve the problems of qualifying administrative offenses in the considered area through the unification of legal liability in the field of taxes and fees.

Purpose. This article analyzes the problems of the theory and practice of applying the criminal law rule on responsibility for petty bribery, taking into account the qualifying features of receiving a bribe by a person holding positions of state and municipal service. Scientific novelty. The author's position is expressed related to the improvement of criminal legislation in the field of responsibility for petty bribery by persons holding positions in the state and municipal service of the Russian Federation, as well as exemption from criminal liability.