No 4 (2009)

Cover Page
Articles
Principles of law: the concept and their role in legal regulation
Sidorkin A.S.
Abstract
The author substantiate the thesis that principles of law are general norms expressing the principle of formal equality, the basis of the law-drafting in accordance with the principle of rule of law and judicial and constitutional review.
RUDN Journal of Law. 2009;(4):5-12
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The financial institutions as an essential part of the national system of anti money laundering and combating terrorist financing
Proshunin M.M.
Abstract
This article is devoted to the role and functions of the financial institutions in AML/CTF area. The article describes the structure of the national system of AML/CTF and determines the place of the financial institutions in the Russian AML/CTF system. The author also tries to sort all financial institutions depending on their motives and inputs in the financial monitoring.
RUDN Journal of Law. 2009;(4):13-20
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Concept and the bases of occurrence of commercial representation
Grishin S.M.
Abstract
In clause concepts and the bases of occurrence of commercial representation are considered, the Russian Federation is defined commercial representation by way of perfection of the operating Russian legislation (item 1 of item 184 GK RF).
RUDN Journal of Law. 2009;(4):21-31
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Legal status of legal entities of public law in foreign countries
Jastrebov O.A.
Abstract
The article is considering legal status of legal entities of public law in foreign countries, given concept and its particular qualities in different legal systems are determined.
RUDN Journal of Law. 2009;(4):32-36
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The right of foreigners to real estate acquisition in the European Union
Bulanova E.K.
Abstract
The article is devoted to the analysis of rights of foreigners to real estate acquisition in the European Union member states. It considers in detail restrictions on access of foreigners to real estate acquisition, in particular, it separately analyzes historically developed restrictions and restrictions in frontier areas.
RUDN Journal of Law. 2009;(4):37-40
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Modeli prava sobstvennosti v sovremennom prave SShA
Tyagai E.D.
Abstract
This article analyses general constructions of property ownership in the U.S. modern Property Law. It reviews the system of present estates and future interest as well as various types of common ownership and suggests a classification of proprietary rights. The author considers the possibility of using specific achievements of American legal theory and practice in order to upgrade Russian concept of modern Property Law.
RUDN Journal of Law. 2009;(4):41-47
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The implementation of the rules of WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty regarding technological protection measures
Krivosheev A.V.
Abstract
The provisions of technological protection measures in WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) are analyzed with regard to their implementation in the United States of America, European Union and Russia. Some concerns are expressed regarding the shift of the balance of interests between the authors (rightholders) and general public to the use of the former.
RUDN Journal of Law. 2009;(4):48-56
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Foreclosure in Russia and USA
Vasilenko O.A.
Abstract
The article provides brief comparative law research on the legal regulation of foreclosure in Russia and USA. Russian law is considered taking in account latest changes in extra-judicial foreclosure procedure legal regulations.
RUDN Journal of Law. 2009;(4):57-60
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Legal, public and political preconditions of new settling on the boundary territories in the Czechoslovakian Republic after the Second World War
Radvanovsky Z.
Abstract
The article focuses on the historic analysis of process of Czech and Slovak population settlement across the boundary territories after the Second World War. The core of the governmental documents under the given program is studied, activities of the Central coordinating committee of National front concerning settling are the target of a detailed consideration.
RUDN Journal of Law. 2009;(4):61-68
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History of formation and development of the extradition institute in the contemporary international law (by the example of the Russian Federation and the USA)
Plotnikov А.V.
Abstract
The extradition (delivery) of criminals is one of the important and oldest international law institutions and international relations as a whole. It gets a special value for interstate relations in the present period in the epoch of outburst of international terrorism and other internationally illegal acts. The article seeks to analyze and investigate the history of formation and development of this institute in international law by the example of the Russian Federation and the United States of America.
RUDN Journal of Law. 2009;(4):69-83
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International legal organization of russian federation and neighboring countries national boundaries
Ostroukhov N.V.
Abstract
The question of national boundaries is of great importance for each state. A whole range of state interests, the majority of which are of vital importance and form the base of any state national security are concentrated on the borders. The settlement of lawful and solid national boundaries and their legal organization is an important factor of providing international security and the development of states friendly relations.
RUDN Journal of Law. 2009;(4):84-92
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Parity of the right of the European Union and the sovereignty of member states
Mescheryakova O.M.
Abstract
Article is devoted such important during an epoch of creation of integration communities to a problem as a question on a parity of the right of the European Union which as the main principle assumes a principle a priority of the right of the Union over the national right of member states, and also a principle of direct action of the right of the European Union and sovereign statehood of the countries-participants. After all the European Union is an integration community which, certainly, assumes that its participants and founders are the sovereign states. However presence of two specified principles is not absolutely combined with the developed representations about the international organization.
RUDN Journal of Law. 2009;(4):93-100
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The appeal of the European Union court judgement
Absattarov M.R.
Abstract
This article considers some aspects of legal principles of appeal of the EU Court judgment, not touching upon appeal and cassation character of an objection. Taking into consideration such aspects which serve bases of the appeal court judgment.
RUDN Journal of Law. 2009;(4):101-112
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The International Security Law and Russia's National Interests Today
Chapchikov S.Y.
Abstract
This article is dedicated to new aspects of the International Security Law as one of instruments used for maintaining national security, as well as to main directions of Russia's foreign policy in the modern world which it regulates.
RUDN Journal of Law. 2009;(4):113-121
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Main Рrinciples of Multilateral Agreements in the Field of International Trade Relations
Nikiforov V.A.
Abstract
The article is devoted to the main principles of multilateral agreements in the field of the international trade relations: principles of nondiscrimination, a mode of the most favored preference, a national treatment, a principle of transparency.
RUDN Journal of Law. 2009;(4):122-129
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To the issue on the international legal status of the World Trade Organization
Shulyatyev I.A.
Abstract
The article is devoted to the issue of WTO's legal status and concerning with it particular qualities of organizational structure, which is covered by Marrakesh Declaration of 15 April 1994.The conception «WTO is member-driven, with decisions taken by consensus among all member government» is offered as a methodological approach to the study of problems of WTO's functioning as an international intergovernmental organization.
RUDN Journal of Law. 2009;(4):130-136
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Immunities and privileges of the international outer-space communication organisation «INTERSPUTNIK»
Stovboun V.D.
Abstract
The Article gives analysis of the nature of the privileges and immunities of the international organizations, indicates international legal treaties which provide for the privileges and immunities of the INTERSPUTNIK International Organization of Space Communications. The article also provides for the examination of the immunities of the Organization's premises, financial activity, customs privileges, tax immunities and immunity from the jurisdiction of courts.
RUDN Journal of Law. 2009;(4):137-146
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International legal opposition to money laundering and the organised criminality in struggle against corruption
Kachelin M.S.
Abstract
In given article are considered international legal documents which form strong bases for a combination and use of possibilities of system of struggle against money laundering and the organised criminality as the most important and effective mechanism in the corruption counteraction, intended for the states which aspire to that their national anticorruption legislation corresponded to the international standards.
RUDN Journal of Law. 2009;(4):147-154
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