Introduction. The personality of any US president due to his enormous constitutional authority and the place in the government structure of the country has always been considered extremely significant, even if in reality he did not quite measure up to the high moral and political criteria that both voters and the international community wanted him to meet.

Materials and methods. Various scientific methods such as comparative-legal, systemic and a number of others form the methodological and research basis of the article.

Results of the study. The US President, who is also the head of the Federal Government, the Commander-in-Chief of the Army and the US Navy is not only the first executive person of the country, but also the leader of one of the two leading political parties with enormous political and moral impact on the whole country, and the entire world community. During his term in office as President of the United States, all America and the whole world watch him on television, read and hear about him almost daily. To some extent he sets standards for men’s official fashion and behavior in society and in the family, he is a epitome of virtue and justice. How successful he is in this capacity is another question, but the fact is that the world community discusses his actions, words and behavior, wants to be like him or, on the contrary, criticizes him and does not agree with him, and this is an undeniable fact.

Discussion and conclusion. With the date of the next presidential elections approaching and especially in the midst of the presidential campaign a large number of popular scientific and other publications are published in the United States and around the world on the institution of the US Presidency, its amazing stability and the ability to effectively lead the most dynamic branch of the three powers provided by the US Constitution the executive power.

Introduction. This article is devoted to legal regulation of digital assets turnover, utilization possibilities of distributed computing and distributed data storage systems in activities of public authorities and entities of public control. The author notes that some national and foreign scientists who study a “blockchain” technology (distributed computing and distributed data storage systems) emphasize its usefulness in different activities. Data validation procedure of digital transactions, legal regulation of creation, issuance and turnover of digital assets need further attention.

Materials and methods. The research is based on common scientific (analysis, analogy, comparing) and particular methods of cognition of legal phenomena and processes (a method of interpretation of legal rules, a technical legal method, a formal legal method and a formal logical one).

Results of the study. The author conducted an analysis which resulted in finding some advantages of the use of the “blockchain” technology in the sphere of public control which are as follows: a particular validation system; data that once were entered in the system of distributed data storage cannot be erased or forged; absolute transparency of succession of actions while exercising governing powers; automatic repeat of recurring actions. The need of fivefold validation of exercising governing powers is substantiated. The author stresses that the fivefold validation shall ensure complex control over exercising of powers by the civil society, the entities of public control and the Russian Federation as a federal state holding sovereignty over its territory. The author has also conducted a brief analysis of judicial decisions concerning digital transactions.

Discussion and conclusion. The use of the distributed data storage system makes it easier to exercise control due to the decrease of risks of forge, replacement or termination of data. The author suggests defining digital transaction not only as some actions with digital assets, but also as actions toward modification and addition of information about legal facts with a purpose of its establishment in the systems of distributed data storage. The author suggests using the systems of distributed data storage for independent validation of information about activities of the bodies of state authority. In the author’s opinion, application of the “blockchain” technology may result not only in the increase of efficiency of public control, but also in the creation of a new form of public control – automatic control. It is concluded there is no legislation basis for regulation of legal relations concerning distributed data storage today.

Introduction. In article process of introduction of information and communication technologies in the modern system of alternative mechanisms of settlement of disputes which in foreign law-enforcement practice it is accepted to designate the term online settlement of disputes is analyzed. The review of the operating standard and legal base of online settlement of disputes both at the international level, and within regional integration associations is submitted. Besides, in work the procedure of online settlement of disputes of three types (the certain platforms or web applications, tools acting as the integral structural part of the websites of electronic trading and also the tools which are closely connected with the state vessels) is considered.

Materials and methods. The methodological basis of this research is formed by such general scientific and special methods of cognition of legal phenomena as a method of system-structural analysis, method of dogmatic analysis, legal and technical constructions, a formal-legal method, a logical method, and others.

Results of the study. As a result of the carriedout analysis it is revealed that now in the world there are more than 60 so-called suppliers of online settlement of disputes (differently services, platforms, web applications for settlement of disputes online and so forth).

However despite existence of standard bases of online settlement of disputes in a number of the countries and also within regional integration associations, uniform obligatory standards of the procedure at the international level are absent.

Besides, the feasibility of the decisions reached in the result of the procedure acts as a separate problem of online settlement of disputes. The most part of decisions is subject to execution on the principles of voluntariness. At the same time in some cases the decision is obligatory (in particular, will be executed by the third party the registrar within administrative procedure of UDRP), and for non-execution in a voluntary order reputation sanctions or methods of private coercion are applied.

Discussion and conclusions. On the basis of the analysis of the foreign legislation and also the objective prerequisites of promoting of online settlement of disputes in our country connected, first of all, with growth of size of the market of online trade it is offered to develop legal bases for functioning of the new mechanism of alternative settlement of disputes in Russia the Internet portal and also a derivative web application for giving of claims online.

Introduction. In the modern system of statebuilding the welfare state, as a concept, the genesis of which is associated with the need to resolve the aggravated social contradictions, is a fundamental principle, destined to determine the content of state policy. Notwithstanding the fact that the most comprehensive view of the welfare state concept was formed relatively recently, the description of certain features of the welfare state as a specific phenomenon of social life is seen in the works of philosophers and lawyers of various historical schools and eras. It allows us to conclude that the institution of state immanently has the characteristic of “welfare”. The dynamism of the social relations development entails the permanent search for new approaches to the welfare state and the constant appeal to this principle in order to get the full and comprehensive disclosure of the constitutional provisions and ensure their direct action.

Materials and methods. The theoretical basis of this work is the scientific works of philosophers and lawyers adhering to the legal positivism. The methodological basis of the research is the formal logical method, the method of system analysis, structural and functional method.

Results. This article is devoted to basic propositions of the welfare state legal analysis; it includes analysis of the essence of the welfare state concept based on positivistic understanding of law in various historic periods; this article also analyzes some aspects of the welfare state concept regarding human rights protection and constitutional review.

Discussion and conclusion. The principle of the welfare state is presented as the positive duty of the public authorities to ensure social and economic human rights and the balance of social interests. The implementation of the principle of the welfare state strongly depends on the constitutional review bodies’ activities, the main purpose of which is to specify the content of the relevant constitutional rules within the framework of specific social relations.

Introduction. The article analyzes the legal impact as a systemic structure. The main emphasis is on the possibility of its recognition as an artificially natural open complex system, which requires revision of the theoretical and legal concepts of the phenomenon under study, its structure and the place in the theory of state and law.

Materials and methods. The methodological research is based on general scientific and special methods of knowledge of legal impact as a system, including analysis, synthesis, analogy, generalization, comparison. The use of the system approach allowed revealing the dynamic nature of the legal impact, the element-by-element nature of changes in the legal system and in society.

Results of the study. The identification of a special quality of legal impact – its system, requires the use of systematic methodology. In this case, there is an opportunity to reveal the potential of legal impact, taking into account not only its normative core, but also the multi-factor interaction with the external environment, culture, socio-economic reality, forms of legal and psychological impact.

The arguments in favor of a systematic approach in the theory of state and law, without denying the instrumental approach, contain statements about the interdisciplinary nature of the legal impact, new opportunities for a detailed study of the intensive relationships and interactions between its elements as a system, to approach the solution of problems about the composition and legal nature of such elements.

Discussion and conclusion. In theoretical and practical studies of the nature of legal impact, it is important to find and characterize its complex system levels, series and elements in a timely manner, which expands the horizons of not only its understanding, but also increases efficiency through the expansion of forms of legal impact in the improvement of national legislation. In this context, further research on the theory of state and law is extremely necessary: the study and description of the legal statics, the dynamics of the legal system, their methodological justification give a new impetus to the representation of legal reality experiencing dynamic changes.

Introduction. The article presents a complex review of international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields. The author exposes the importance of these international treaties for subsoil users.

Material and methods. The methodological basis of the research consists of general scientific methods and special legal methods (the comparative legal method, the methods of interpretation, the method of legal modeling).

Results. The author formulates the definition of transboundary field, proposes the classification of the international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields, presents a general review of the identified types, reveals their features, differences of mechanisms, draws the conclusions about the importance of these international treaties for subsoil users.

Discussion and conclusion. The international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields are subdivided into four types: 1) on a state border and (or) delimitation of sea spaces; 2) on the regime of a state border; 3) on exploration and exploitation of certain transboundary fields; 4) related international treaties.

The differences of the mechanisms of the international treaties under examination are directly connected with a type of transboundary field (its resources), its production characteristics, regional features, how friendly the relations between two states are, their interest in cooperation in this sphere and the desire of their companies to carry on joint activities on the respective subsoil plots.

Some mechanisms of these treaties need further development.

Introduction. The use of technical means for copyright protection is regulated not only in Russian legislation, but also in foreign and international law. It means that the international concept of intellectual property protection could be perceived differently by foreign jurisdictions, which, in turn, is of special scientific interest. The foundations of legal regulation are laid down in international treaties, which in the intellectual property law are tools that contain substantive rules of law. The provisions of such treaties are implemented in the national (supranational) legislation, and, therefore, become part of them and subject to additions.. The article is devoted to the study of international legal regulation of the use of technical means for copyright protection.

Materials and methods. The methodological basis of the research consists of the following general scientific and special methods of cognition of legal phenomena and processes: dialectical, formal-legal, comparative-legal, formal-logical, structural-functional.

Results of the study. The authors found that attempts to protect copyright using technology available at every stage of history were undertaken by individual countries, beginning from the second half of the 19th century. However technical means of protection received legal regulation at the international level relatively recently, the prerequisite for that was the rapid development of digital information technologies. Analysis of international legal norms in the field of legal regulation of technical means of copyright protection has shown that at present international legal regulation is of a general nature, providing each of the states at the national level with ample opportunities for legal concretization of gen-

eral norms. However, recently the Internet treaties of WIPO recognized for the first time not only the advisability of the use of technical means of protection, but also the obligation prohibiting circumvention of such protection technologies, and therefore national legislations should contain provisions regulating the circumvention of such protection technologies.

Discussion and Conclusions. The introduction of international law with regard to the use of the protection technologies, despite their general and abstract nature, has given a serious impetus to the establishment of legal regulation of this institution at the national level. At the same time, the rules governing the use of the protection technologies in the near future will require greater unification and concretization due to the rapid development of digital information technologies, blurring the borders between states in terms of disseminating the results of intellectual activity, and also in order to avoid a multiplicity of interpretation of law and to ensure effective legal regulation and protection of copyright.

Introduction. The article considers an important issue of the modern institute of public events the ambiguous understanding of a number of definitive provisions of Federal Act No. 54-FZ of June 19, 2004 “On meetings, rallies, marches, demonstrations and pickets”

Materials and methods. The methodological basis of the work is a number of general and specific scientific methods of cognition. The formal legal and logical method is of particular importance for the achievement of the goal.

Results. The federal law under consideration, which is the main subject of research, fulfils the most important legal function – it concretizes the provisions of the Constitution of the Russian Federation. The complexity of clarifying and correctly perceiving the letter of the law significantly complicates both the scientific and theoretical comprehension of a number of its provisions and introduces very significant shortcomings into law enforcement practice and into the practice of realization by citizens of the Russian Federation of their constitutional rights to organize and participate in public events. In this regard, the definitive apparatus needs to be substantially refined.

Discussion and Conclusion. The problem addressed in the study has been the “generic” feature of the institution of public events for many decades. For example, it is interesting, for example, that the Decree of the Presidium of the Supreme Soviet of the USSR No. 9306-11 of 28.07.1988 “On the Procedure for Organizing and Conducting Meetings, Street Processions and Demonstrations in the USSR” did not clearly delineate such concepts as rally or picketing, procession or demonstration either. Misunderstanding the specifics of a particular form of public event local government bodies often suggested that the organizers and citizens hold a meeting instead of, say, a rally, or a procession instead of demonstration assuring people that there was nothing terrible in such a replacement. At the same time in practice there were cases when law enforcement officers, when making decisions on cases of violations of public order during mass events, referred not to the norms of the existing substantive law, but to the Ozhegov Russian language dictionary.

Introduction. The article presents a comparative legal analysis of the genesis of the institution of obligations arising from unjust enrichment in countries belonging to different legal families. English and American law as vivid examples of the precedent system of law were chosen for comparison. The comparative research revealed the general and special features of the institution under study, as well as the trends in its functioning and development.

Materials and methods. The methodological basis of the research consists of the general scientific and special methods of cognition of legal phenomena and processes in the sphere of international private law: the method of the system-structural analysis; the method of synthesis of social and legal phenomena; the comparative legal method; the formal-logical method; the historical method and others.

Results of the study. The results of the research revealed that the institution of obligations arising from unfounded enrichment was embodied in the 20th century in the laws of Russia, the UK and the USA, but still remains at the stage of active development. Formation of the unjust enrichment institution was based in the named countries on the same

principles borrowed from Roman law. This approach made a basis for uniformity in the definition of the concept and the actual composition of the unjust enrichment institution. A significant difference in functioning of the unjust enrichment institution was revealed in the mechanism of rights protection.

Discussion and conclusion. The institution of obligations arising from the unjust enrichment is a unique institute of civil law that provides for the fullest realization of a person’s right to protection. This legal institution continues to develop, to which the study of its genesis and a foreign experience contributes immensely.

Introduction. In the paper, the author analyzes the principle of good faith in contractual performance under the common law of Canada and carry out a legal analysis of one of the key judicial precedents that is in relation to the designated area and that was adopted by the Supreme Court of Canada in 2014, i.e. Bhasin v. Hrynew case. The study is focused on the principle of good faith contractual performance under the law of the Canadian province of Quebec as well.

Materials and methods. The material for the study consists of the judicial precedents of Canadian courts as well as the papers of foreign and Russian researchers in the field of civil law. The methodological basis of research comprises general scientific methods of cognition (analysis, synthesis, analogy) as well as specific ones, i.e. the comparative legal method, the formal logical method, the systematic method, methods of structure and function and the method of interpretation.

Results. The author conducts a detailed analysis of Bhasin v. Hrynew case and determines the role of this precedent in the common law of Canada as well as the criteria for identifying the principle and a duty of good faith contractual performance. The author also analyzes the principle of good faith under the law of Quebec, i.e. the relevant jurisprudence and the codification of this principle in the legislation of Quebec.

Discussion and conclusion. The distinction of the principle of good faith in the performance of contractual obligations as a freestanding principle of Canada’s common law is justified. The Bhasin v. Hrynew case is a vivid illustration of the growing role of the principle of good faith in the countries of the common law tradition. Furthermore, the convergence of Canada’s common law and the law of the province of Quebec, the only one among ten provinces and three territories of Canada that clearly adheres to civil law tradition, is an impact on this precedent.

Introduction. The article deals with the implementation of effective programs for additional professional education of state civil servants, carried out in accordance with the list of priority areas for additional professional education of federal state civil servants, and also within the framework of the state order. The peculiarity of the implementation of such programs is the need to ensure compliance with the general list of training program themes approved by a specially authorized state body and to provide certain educational results through the application of the competence approach.

Materials and methods. Practical materials are used for the implementation of additional professional education programs implemented at the MGIMO in 2012-2015 on the order of the Ministry of Labor and Social Protection of the Russian Federation. The theoretical basis for the study is general scientific and special methods, such as the dialectical and formal-logical method, as well as comparative analysis and synthesis.

Results of the study. Based on the analysis of applicable normative legal acts, as well as the experience of implementing specific educational programs, it is shown that one of the main approaches to their implementation is a competence approach that allows integrating the requirements to the level of qualification (competence) of a civil servant into the state training programs, implemented by the leading universities of the country. The use of the competence approach also allows coordinating the educational results of various types of training programs with the requirements of their initiators and employers.

Discussion and conclusion. As a result of the analysis, it is concluded that there is a need for a systematic approach to the implementation of various types of supplementary professional education programs for federal state civil servants based on the creation of unified program descriptors as well as on lists of the competencies of civil servants, which makes it possible to coordinate the content of programs and requirements for their educational results.