Vol 23, No 4 (2019)

Articles
CONGRATULATIONS ON THE 60th ANNIVERSARY OF THE LAW INSTITUTE
Yastrebov O.A.
Abstract
RUDN Journal of Law. 2019;23(4):487-489
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STATE AND LAW IN CONTEMPORARY WORLD
INTEGRATION AS AN OBJECT OF RESEARCH OF LEGAL SCIENCES
Rafalyuk E.E.
Abstract

The solution of both theoretical and practical problems related to the legal support of integration processes determines the relevance of the search for appropriate methodological approaches to the study of this problem. Reference to the problems of methodology of studying the legal nature and law of integration of interstate associations is important, as there is still no uniformity in the theoretical interpretation and methods of research of legal integration. The purpose of this article is to consider the possibilities of application of interdisciplinary, multidisciplinary, transdisciplinary (system) approaches to the study of certain problems related to the legal support of integration. The analysis of the chosen problems is based on the provisions of domestic and foreign scientific works devoted to the problems of the methodology of jurisprudence. As a result of the research, the author comes to the conclusion that in the conditions of the global world complex objects of reality, which also include integration, can not be cognizable within one scientific discipline, which is a significant argument in favor of referring to interdisciplinary, multidisciplinary and systemic methodology. The choice of the appropriate methodological approach to the study of integration depends on: the essence and characteristics of the object of study; the objectives of the study; the purpose of the study. No less important aspect in the study of integration is the appeal to the axiological aspects of integration processes, and therefore, the study of various aspects of regional economic integration, for example, cultural, sociological, psychological, aimed at the study of values and goals of integration, the state of society, the role of man in the integration process.

RUDN Journal of Law. 2019;23(4):490-509
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INTERNATIONAL LEGAL STATUS OF THE OFFSHORE MOBILE OIL AND GAS INSTALLATIONS
Abramov N.S.
Abstract

Mobile offshore oil and gas installations are the essential infrastructural facilities for the oil and gas industry. The present-day offshore installations are able to explore, extract, store and offload hydrocarbons, thus ensuring the complete cycle of offshore fields development. Nonetheless, multifunctionality of mobile oil and gas installations makes it difficult to define their international legal status. Under the UNCLOS 1982, the mobile offshore oil and gas installations international status is uncertain. Due to dualistic nature, the mobile installations should be considered under the category of “instal- lations” during the hydrocarbons exploration and exploitation operations and be classified as “ships” while navigating. The article seeks to analyse a set of international law provisions, that define the mobile offshore oil and gas installations international legal status. It is intended to assess whether the existing legal regulations meet the needs of a present-day offshore industry. To this end, the article addresses the relevant provisions of international maritime conventions, that define the status of mobile oil and gas installations in accordance with their object and purpose. The study finds that there are at least four distinct approaches towards the definition of the mobile installations international legal status. The author concludes that the differentiated approaches towards the definition of the mobile installations international legal status for the object and purpose of the various maritime treaties is a substantial shortcoming of the applicable international legal framework. The study attempts to make the case for unification of a “dual approach”, that treats mobile offshore units as an “installations” or “ships” depending upon the function preformed. Elaborating further on the unification proposal the author argues for the improvement of the “dual approach” through the specific process-related criteria, that establish the exact moment of the international legal status change.

RUDN Journal of Law. 2019;23(4):510-532
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PUBLIC SECURITIES AND DERIVATIVES LAW AS BRANCH OF THE FINANCIAL LAW
Proshunin M.M.
Abstract

The article is devoted to financial law issues on securities and derivatives market regulations. The article deals with the financial law nature of the relations that are emerging in the securities and derivatives markets through a review of methods and techniques of securities and derivatives market regulation. The author considers the public interest in the regulation of the securities and derivatives markets, as well as differences between different parts of securities and derivatives markets. The article contains the review of regulatory, compensatory and redistributive functions of the securities and derivatives markets. The author states that control of the securities and derivatives market has to be considered as independent type of state financial control in the Russian Federation. In addition, the securities and derivatives law have to be considered as a branch of financial law. The legal relations arising in course of issuance and circulation of state securities and entering into derivatives deals are separately reviewed and analyzed. It is proved that the basis for recognition of the securities and derivatives market as the financial law categories is similar to reasons proving the existence of public banking law, namely, stock market and derivatives as an integral parts of any financial market system, the presence of public interest in the regulation of relations in the securities and derivatives markets, the existence of a mandatory subject of legal relations, having a public authority (the Bank of Russia), the existence of subordination between the Bank of Russia and professional participants of the securities market where the Bank of Russia acts as a regulator and supervisory authority and wide scope of public law methods used for securities and derivatives market regulations.

RUDN Journal of Law. 2019;23(4):533-545
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LAW AND GENOMIC RESEARCH
GENOMIC RESEARCH LEGAL REGULATION SYSTEM: EXPERIENCE OF RUSSIA AND THE USA
Alimov E.V.
Abstract

This article is devoted to the analysis of the genomic research legal regulation in the Russian Federation and the USA. In the United States, in addition to the legislation great importance is attached to medical and scientific institutions self-regulation, and such information is usually open. It is concluded that in Russia, despite the presence of both state and non-state scientific institutions engaged in genomic research, the mechanism of self-regulation as a whole is fragmented. It is also noted that Russia and the United States have specific legal regulation of these relations, which is reflected in the text of the article. For example, in the United States, unlike Russia, most organizations conducting genomic research, including genomic testing, are non-governmental. Currently, the general trend in the legal regulation of genomic research in Russia and the USA is the active development of normative legal regulation. Moreover, a significant difference in the approaches of these countries is the active role of the US states in the development of regional legal regulation on these issues. Despite the fact that Russia is a federal state, the subjects of the Russian Federation are significantly limited in the genomic research legal regulation possibilities. This is largely due to both legal and political reasons that were given in this article. In the United States, a number of statutes have been adopted at the state level that regulate genomic research in such aspects as health insurance, confidential of personal information, the prohibition of discrimination, screening of newborns, and certain types of clinical and scientific research. It should be noted that the genomic research regulation in the United States is not integrated into a single national consolidated act, which is a feature of this legal system. A comparative legal study of the fundamentals of legal regulation and self-regulation of genomic research in Russia and the USA made it possible to understand the specifics of regulation of these issues in different legal systems. The positive regulatory experience in conducting genomic research in the United States can be used to improve the regulatory framework of the Russian Federation in this area.

RUDN Journal of Law. 2019;23(4):546-564
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ISLAM AND GENETICS: RELIGIOUS, ETHICAL AND LEGAL ISSUES
Novikova R.G.
Abstract

The rapid development and achievements of science and technology provides people to improve their lives. Over the past 10 years, genetic researches have grown significantly. Today they are the subject of debate not only by doctors, lawyers, but also theologians. Currently, legislation of countries in Middle East regulates genomics and genetic research differently. Countries are having orient towards religion and therefore pay more attention in these countries to the ethical regulators of Islam besides only legal regulation of genomics (humans, animals, plants, i.e. all living things). Ethical standards are gradually becoming legal norms. In some countries of the Middle East, there are draft laws on the legal regulation of genetics; in some countries given attention in the legal acts of executive authorities in genomics sphere, and in some, have been developed local acts of leading medical centers. A number of eastern countries are also highlighted, in the legislation of which some aspects of the legal regulation of genetic research act as legislative novels. In the most economically developed Middle Eastern countries, genetics is one of the priority programs of the state, in particular, there are national strategic programs for the development of countries already use of modern methods of genome sequencing, bioinformatics, and validation methods. Many Middle Eastern countries have ratified international acts in genetic research and on issues related to their regulation. In addition, Islamic states have developed an independent concept of genomics regulation, taking into account the attitudes of the fundamental sources of Islamic law. Based on the read material of the article, the reader learns about the legal, ethical and legal regulation in the field of genomics of Middle Eastern Islamic states.

RUDN Journal of Law. 2019;23(4):565-585
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PROCEDURAL LAW
THE LEGAL FRAMEWORK OF CIVIL PROCEEDINGS OF THE SOCIALIST REPUBLIC OF VIETNAM
Rusakova E.P.
Abstract

The economic and legal active reform is the result of the active policy of the state in Vietnam. Over the past 30 years, a major economic leap which has helped to achieve a tangible result meanly the reduction of poverty has been made. The economic situation demonstrates constant growth. The extreme poverty rate has been reduced to below 3 per cent. After rising 6.8 percent in 2017, statistics indicate that GDP growth accelerated to 7.1 percent in 2018. Vietnam was the first state that signed a free trade Agreement (signed on May 29, 2015, entered into force on October 5, 2016) with Eurasian Economic Union (EAEU). The Russian-Vietnamese high-level working group on priority investment projects, chaired by the Ministers of industry and trade, is an effective tool for promoting investment cooperation. The constant growth of economic cooperation between two countries makes necessary to develop mechanisms for disputes resolution. New economic relations need their legal consolidation and regulation. The diversity of economic relations leads to disputes, which require the development of an effective mechanism for their resolution. Judicial remedy is the most popular, therefore the same needs to be reformed. The adoption of the "Strategy of judicial reform until 2020" led to a number of changes, such as amendments to the basic law of the country, the adoption of new laws, changes in the legal system. In the present article the author investigated the main sources of civil procedure, analyzed the basic legal principles of civil proceedings. The article reveals the change in the legal system of Vietnam, in which the explanations of the Peoples' Supreme court as a source of law that plays a special role.

RUDN Journal of Law. 2019;23(4):586-601
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HISTORICAL AND LEGAL RESEARC
LEGAL REALITIES OF MONGOLIA IN 18th - FIRST HALF OF 19th c. AS SEEN BY RUSSIAN TRAVELERS (ATTEMPT OF ANALYSIS FORM LEGAL ANTHROPOLOGY POINT OF VIEW)
Pochekaev R.Y.
Abstract

The article is devoted to analysis of notes of Russian travelers to Mongolia as a source on legal situation in this country during 18th - first half of 19th c. Until now these texts were used mainly as a source on political or economic history as well as on ethnology of Mongols but far less as one on legal history of this people. Indeed, the information on legal realties of Mongolia is rather fragmentary and lapidary as the travelers didn’t have a goal to describe state and law of Mongolia. Nevertheless, this information is of great interest and value as it allows us to give a notion on real legal situation, legal relations realized in practice - in contrast to survived written legal monuments (codes) of Mongols from this period: travelers could observe such legal practice and even participate in the legal relations among Mongols. The source base of research are notes of travelers who visited Mongolia since the beginning of the 18th c. to 1850s. There were diplomats (ambassadors and their companions), couriers, intelligence officers, tradesmen and scientists. Depending on goals and objectives of their trips they interested in different aspects of Mongolian legal realties, so the comparative analysis of their information allows to present different aspects of legal life of Mongols The study of travelers’ notes from the legal anthropology point of view (basing on works of N. Rouland, A.I. Kovler, V.V. Bocharov) presumes analysis positions of their authors, reasons of their interest to specific field of law as well as Mongols’ attitude to law and order, legal rules, will of Mongol and Manchu authorities, etc. Analysis of Russian travelers’ notes in combination with legal monuments allow to understand better specific features in legal development of Mongolia in the turning-point period of its history: just at this time there was activated the policy of the Qing Empire to transform Mongols from autonomous vassals to complete subjects with disfranchisement, performance of duties and obligations and further closing in status with other categories of subjects (as Chinese, etc.). Also these notes are examples of basic stage of Russian practical-oriented legal anthropology which differed from the western one by attempting to study and understand the law of “traditional” societies without disregard of the Europocentrism.

RUDN Journal of Law. 2019;23(4):602-621
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REVIEWS. DISCUSSION FORUMS
REVIEW OF THE BIO-BIBLIOGRAPHIC DICTIONARY “DOCTORS OF LAW, PROFESSORS - TEACHERS AND GRADUATES OF IRKUTSK STATE UNIVERSITY”. "ISU", LAW. IN-T / ED. V.N. KAZARINA. IRKUTSK: ISU PUBLISHING HOUSE, 2018. 252 p
Syrykh V.M.
Abstract

Dedicated to the bio-bibliographic dictionary “Doctors of Law, Professors - Teachers and Graduates of Irkutsk State University”. The reviewer indicates that the book for the first time in the history of Russian legal science contains materials about professors, doctors of law, associate professors, founders of the law faculty of Irkutsk State University (1918). The compilers studied materials of archival documents, magazine and newspaper articles of those years. In addition, the authors collected data on doctors of sciences, professors, graduates of the Faculty of Law of ISU, their contribution to the development of domestic legal science.

RUDN Journal of Law. 2019;23(4):622-626
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REVIEW OF THE MONOGRAPH “BEGINNINGS OF THE THEORY OF LEGISLATIVE DEFECTS: MONOGRAPH / A. YU. VIKULIN”. MOSCOW: NORMA, 2019. 344 p
Kozhokar I.P.
Abstract

The article reviews the monograph of A. Y. Vikulin “The Beginning of the theory of legislative defects” assesses the content of the monographic study on legislative defects, notes and argues its advantages and disadvantages, analyzes the relevance of the study, the structure and content of the work, the author's conclusions and suggestions.

RUDN Journal of Law. 2019;23(4):627-633
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THE PARTICIPATION OF RUDN UNIVERSITY LAW INSTITUTE IN THE XXI INTERNATIONAL SCIENTIFIC AND PRACTICAL FORUM “LEGAL TECHNICS”
Mongush A.M.
Abstract

The study offers some important insights about the participation of RUDN University Law Institute in the XXI International Scientific and Practical Forum “Legal Technics”. This work aims to contribute to this growing area of research by criticizing the content of the plenary and round-table reports. The study also provides the information on the publication of the proceedings papers in the annual edition “Legal Technics” in 2020.

RUDN Journal of Law. 2019;23(4):634-639
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ON THE 60TH ANNIVERSARY OF THE RUDN UNIVERSITY LAW INSTITUTE SCIENTIFIC SCHOOLS AND RESEARCH AREAS
COMPARATIVE CONSTITUTIONAL AND MUNICIPAL LAW SCHOOL (PART I)
Eremyan V.V.
Abstract

The beginning of the next calendar year marks sixty years since the Patrice Lumumba University of Peoples' Friendship (later was renamed to Peoples' Friendship University of Russia, RUDN) was founded. Within these sixty years the Faculty of Economics and Law, the Faculty of Law have been operated until the Law Institute, maintaining continuity, took the place. As one of the university graduates and a student of prominent Soviet scholars who stood at the origins of several schools of comparative law that currently exist, the author attempted to follow the dialectical process of formation, development and systematization of the scientific school of comparative constitutional and municipal law that is connected not only with the special nature and features of teaching foreign and domestic students, but also with significant achievements in the field of preparation of candidates in and doctors in this specialty. Contrary to other universities, comparative legal analysis was using as a basis for preparation of domestic law specialists for the states set free from colonial dependence and that explains the choice of regional and country-specific research model for forms of government, administrative organizational structures, political regimes of leading Asian, African and Latin American states with “socialistic” or “capitalistic” orientation. These mentioned states took the path of independent civilizational development, came through the periods of sovereignization and “decolonization” of wide range of political, economic and social relations. The formation of the “grounds” for African, Latin American, ArabMuslim, Indian comparative studies is connected with the Department of Theory and History of State and Law, within which the scientific foundation of the school of comparative constitutional and municipal law was laid, the “baton was picked up”, at first, by the Department of Constitutional, Administrative and Financial law, and then by the Department of Constitutional and Municipal law, Constitutional law and Constitutional justice and Municipal law that maintained and updated the best traditions related to the training of Russian and foreign students, postgraduate students and doctoral students. At the present stage, comparative law is experiencing a new stage, caused by interest in the processes taking place in the United States and the European Union.

RUDN Journal of Law. 2019;23(4):640-652
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FACULTY OF LAW (INSTITUTE) IN PERSONS
THE PAGE OF THE INSTITUTE'S HISTORY (60 STEPS TO THE FUTURE)
Pavlova N.G.
Abstract
RUDN Journal of Law. 2019;23(4):653-658
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MEMORIES OF ALEXANDER FILIPPOVICH SHEBANOV
Muromtsev G.I.
Abstract
RUDN Journal of Law. 2019;23(4):659-664
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ZHIDKOV OLEG ANDREEVICH - MAN, SCIENTIST, TEACHER
Fedorov M.V.
Abstract
RUDN Journal of Law. 2019;23(4):665-678
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