No 2 (2012)

Cover Page
Articles
Principle of the inviolability as constitutional principle of justice in Russia
Yaroshenko N.I.
Abstract
This article is devoted to the principles of justice in Russia and considered in detail one of the principles - the inviolability of judges. The study is based on an analysis of scientific works of Russian and foreign authors, legislation and legal position of the Constitutional Court of Russia, also a comparison with the constitutions of the European Union and the CIS.
RUDN Journal of Law. 2012;(2):7-16
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Actual changes in the legal regulation of relations of subsoil use in Russia
Volkov А.М.
Abstract
Article is devoted actual changes of the legislation in the field of subsoil use in Russia in 2011, come into force and having special value for for users of subsoil in 2012г., offers on legislation perfection in this sphere are stated.
RUDN Journal of Law. 2012;(2):17-29
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Financial Security as an object of financial monitoring
Kondrat E.N.
Abstract
The paper is devoted to an analysis of national interests in the financial sector, objectives and performance criteria of financial control, it deals with the notion of financial security and stated the role and importance of financial control in its national security.
RUDN Journal of Law. 2012;(2):30-37
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The concept of labeling of food products and the requirements it in the Russian Federation
Shklyar S.I.
Abstract
In the present article, concerning a theme of labeling of food products, gives the author concept and analyzes the requirements to its content according Russian legislation. A special attention to requirements of in the technical regulations, GOST and other legal acts.
RUDN Journal of Law. 2012;(2):38-47
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Tawards the relevance of the legal protection of life at the prenatal stage
Gnatik E.N., Gnatik E.A.
Abstract
This article is devoted to the discussion of necessity of development and realization of legal regulation of problems connected with life protection of not been born person. The scientific progress in the biomedicine equipment and promotes finding of new power over the human life. The events which take place in modern medical genetic consulting sphere cause reasonable fears and determine the necessity of legislative regulation. The question of the fixation the moment of appearing of the right-to-law occupies the most important place in this spare.
RUDN Journal of Law. 2012;(2):48-54
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The parole of juveniles from the penalty of imprisonment 55Selina E.V. Judicial awareness and legal custom in the criminal process
Selezneva N.А., Muromcev G.I.
Abstract
The article is devoted to the parole of juveniles from the penalty of imprisonment. The article focuses on the conditions of granting parole for convicted minors, disputable issues in the legal literature are considered, the procedure for the preparation of juveniles sentenced to parole.
RUDN Journal of Law. 2012;(2):55-63
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Judicial awareness and legal custom in the criminal process
Selina E.V.
Abstract
The article is devoted to comparative legal analysis of the american concept of «judicial awareness» with the Russian legal institutions. The view of the effect of customs of the Russian criminal process. The study is based on the analysis of scientific works of Russian authors, Russian Federation legislation and judicial practice.
RUDN Journal of Law. 2012;(2):64-69
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Features of occasion formation for public prosecution of penal cases about non-payment salary
Jastrebov O.A., Kucherkov I.A.
Abstract
Actual problems of preliminary process of penal cases about non-payment salary examines in this article. Special attention it is given to documentary inspections on companies, whish are suspected in non-payment salary.
RUDN Journal of Law. 2012;(2):70-75
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The need of standartisation the categorical apparatus for competition law RF and EU
Inshakova A.O., Kozlova M.J.
Abstract
Article is devoted research of separate problems of unification of the antimonopoly law of the Russian Federation and the countries of the European union. The parity of basic categories of the antimonopoly law of the Russian Federation and the countries of the European union is investigated. The conclusion that unification of norms of the Russian competitive right with the European minimum legal standards regulating problems of monopolization of the markets is an important perspective problem and a tendency of development of corporate regulation in the conditions of globalization and integration of world managing becomes.
RUDN Journal of Law. 2012;(2):76-85
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Conclusion of the simple partnership contract: analysis of court practice
Koncheva V.A.
Abstract
The article analyzes the court practice in disputes related to fixing the conditions in the simple partnership contract. It examines the main requirements for the formulation of the material terms in the simple partnership contract. The recommendations, contained in the article, can be used when drawing up contracts on joint activity.
RUDN Journal of Law. 2012;(2):86-93
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The establishment and development of the institute of the State Council in the French Fifth Republic
Kucherenko P.A.
Abstract
This article is about the history of the emergence, development and modern status of the State Council of France, founded by Napoleon Bonaparte in the beginning of the XIX century. Replacing the King's Council, the State Council is one of the oldest government institutions in France. As the author shows, the complexities linked toresearch into the mechanism of the activities of the State council are explained by its dual role. It is a consultative organ of the government, and is a higher administrative judicial authority. In the article, the evolution of the State council in a historical retrospective, and an explanation of the dual nature of the system of state governance in modern France.
RUDN Journal of Law. 2012;(2):94-99
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The correlation of the administrative and constitutional law in foreign countries
Muromtsev G.I., Krivel'skaya O.V.
Abstract
The article considers the problem of the correlation of administrative and constitutional law in the brightest representatives of the Anglo-American system and the Continental system of law (USA, UK, Germany and France). The analysis has theoretical and practical importance for the consistent application of rules to ensure their effective operation and removal of legal conflicts.
RUDN Journal of Law. 2012;(2):100-108
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Problems and prospects of development of administrative justice in the post-Soviet states
Zelentsov A.B., Ibragimov S.I.
Abstract
The article explored the practice of forming a system of administrative justice in some CIS countries to Russia. As a result of administrative and legal reforms in these countries formed the specific system of administrative courts. Analyze legislation of these states on administrative proceedings. Criticized the declarative approach to the formation of administrative justice, etc.
RUDN Journal of Law. 2012;(2):109-118
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The provisions of Germany's constitution on implementation of international agreements on human rights into internal legal system
Abashidze A.K.
Abstract
Constitutional bases of implementation by Germany of its international agreements on human rights in it's internal legal system and judiciary are analyzed in the article.
RUDN Journal of Law. 2012;(2):119-124
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Citizenship of the European Union, social and legal problems of its formation
Shapovalov N.I.
Abstract
Material is devoted to analysis of the concept of citizenship of the European Union, explores social and legal problems of establishing the citizenship of the EU on the basis of the primary sources of EU law. The question on the European citizenship, undoubtedly, is represented an innovation in international law. However integration process is represented natural development of a society which finally will lead to search of the decision of these problems.
RUDN Journal of Law. 2012;(2):125-135
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Public-private partnership in France: problems and prospects
Sazonov V.E.
Abstract
The article describes the history of the institute of public-private partnerships in France, studied the current state of legal questions of the providing the public-private partnerships in France and of the related issues.
RUDN Journal of Law. 2012;(2):136-139
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Legal bases of intersystem interaction of bodies of judicial authority with other directions of law-enforcement activities: experience of Argentine
Belikova K.М., Grebennikov V.V.
Abstract
The article deals with certain aspects of interaction of bodies of judicial authority with other directions of law-enforcement activities within the framework of Argentine.
RUDN Journal of Law. 2012;(2):140-146
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Genesis, issues and trends of the legislation on sport in the argentina
Ponkina A.I.
Abstract
The article is devoted to research the features of the legislation on sport in the Argentina. The author shows the history of Argentine's legislation on sports, study the structure of the Argentine's legislation on sport, both at federal and regional level. The article identified key issues and trends in this area.
RUDN Journal of Law. 2012;(2):147-158
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The functions of Inter-american Court and Commission of human rights
Boleso H.H.
Abstract
Departing from the proposition that the universality of human rights is compatible with the existence of regional systems to protection and promotion of human rights, the author explores the Inter-American mechanisms in this field. The legal basis and activities of the Inter-American Commission of Human Rights and Inter-American Court of Human Rights are analyzed alongside with certain particular issues, such as provisional measures and the supervision of the execution of judgements.
RUDN Journal of Law. 2012;(2):159-170
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Human stations on the Moon and the problem of liability
Zhukov G.P.
Abstract
The paper discusses the international legal problems of absolute liability associated with the creation in the near future human stations on the Moon.
RUDN Journal of Law. 2012;(2):171-175
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Private international law: signs of crises or signs of growth
Kuznetsov M.N.
Abstract
The article is dedicated to investigation of the so called crises of the PIL, which, in fact, is not a real crises but a recession of the theory of law and the doctrine wich are not able to comply with the speedy complication and deepening of the real social relations which are regulated by PIL.
RUDN Journal of Law. 2012;(2):176-188
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INGO - subjects of international law: public or private?
Dzhantaev K.M.
Abstract
Leaning against works of leaders domestic civilists and corresponding international legal documents of last years, the author opens character and the nature of the relations regulated by so-called conflict norms of the international private law. Then compares them to the legal relationship making a subject of activity of the international non-governmental organizations. Such approach allows it to result weighty arguments in favor of their international legal personality.
RUDN Journal of Law. 2012;(2):189-200
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International procedural guarantees providing protection of persons accused in perpetration of grave crimes from an arbitrary execution
Abashidze А.K.
Abstract
This article analyzes the evolution of the right to life through the prism of international instruments. The article stresses that, in the context of protecting the human right to life of those who is sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of sentence of death may be granted in all cases. It is concluded that a person accused of committing heinous crimes, is entitled to protection from arbitrary executions. As a practical aspect of the activity is considered the UN Special Rapporteur on extrajudicial, summary executions without trial or arbitrary executions.
RUDN Journal of Law. 2012;(2):201-209
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International legal aspects, relating to ratification by Russia the Convention on rights of persons with disabilities
Klishas A.A.
Abstract
Main aim and content of the Convention on rights of persons with disabilities and question of accordance of existing legislation with Convention after it's ratification by Russia are analysed in this thesis. The authors suggest concrete measures for improving national legislation and certain governmental structure promoting social integration of persons with disabilities in Russian society.
RUDN Journal of Law. 2012;(2):210-215
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Olezundsky animal concession and problems of protection and rational use of sea live resources of Northern Russia
Ivanova Z.B.
Abstract
In article formation of the legislation of the Soviet Russia in 20 - 30th of the XX-th century about protection and rational use of sea live resources is considered.
RUDN Journal of Law. 2012;(2):216-223
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International obligations in the sphere of protected natural areas' management's: compliance procedures
Skripnik I.I., Solntsev A.M.
Abstract
The article deals with key international environmental agreements and programs aimed at protecting national and transboundary protected natural areas. The authors identified special international non-compliance procedures under the provisions of these agreements and programs. These international procedures helps States to comply with their international obligations.
RUDN Journal of Law. 2012;(2):224-240
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The need for a decision of the universal international convention in providing information security
Kvantaliani I.E.
Abstract
The article deals with diverse aspects of the interaction of the peaceful use of the information space and information technologies, and discusses the need for and challenges of developing a universal international convention in the field of information security.
RUDN Journal of Law. 2012;(2):241-244
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Report on International scientific conference «Contemporaryi nternational law and the scientific and technical progress» (8th December 2011)
Kulikpaeva M.Z., Solntsev A.M.
Abstract
RUDN Journal of Law. 2012;(2):245-246
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Book-review: Dominique Carreau, Fabricizio Marrella. Le Droit International. 11 Edition. Pedone, 2012
Yao Nicaise Adou -.
Abstract
RUDN Journal of Law. 2012;(2):247-248
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Criminal violation of professional functions - new object of scientific knowledge (The review of Miroshnichenko N.V. Monograph «Criminal violation of professional functions: concept, types, responsibility». - Tver: Tver state university, 2011)
Bukalerova L.A., Pudovochkin J.E.
Abstract
RUDN Journal of Law. 2012;(2):249-253
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Our authors
- -.
Abstract
RUDN Journal of Law. 2012;(2):254-256
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