No 1 (2016)

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Articles
Special legal regime of information in financial monitoring
Proshunin M.M.

Abstract

This article is devoted to financial law issues as to prohibition imposed on agents of financial monitoring to disclose of information on anti money laundering measures and measures against terrorism financing to third parties and administrative liability for failure to comply with such prohibition. The author considers the legal issues in relation to exchange of information with affiliates of the agents of financial monitoring and propose some practical solutions. The author proposes to divide the information into four categories: banking secrecy, personal data of individuals, information on measures taken by the agents of financial monitoring and public information. According to author, the application of legal acts has to depend on abovementioned types of information. The practical value (significance) of information for criminals carrying out money laundering / terrorism financing has to be the universal criteria for distinguish of information which can / cannot be disclosed to any third parties. The article contains the legal analyses of administrative liability for failure to comply with anti-money laundering / terrorism financing laws. The author proposes some ways of improvement of Russian administrative legislation, in particular, extension of some provisions of article 15.27 of the Russian Code of Administrative Offence on credit organisations.
RUDN Journal of Law. 2016;(1):9-16
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Positive parenting as guidelines for state family policy: theoretical and methodological aspects of parental legal relations
Suslikov V.N., Shahova E.S.

Abstract

The article refers to the fact that there is a need to reform family law, including regulatory ancient family relationships - parental relationships. At the present time it requires the development of a conceptual framework for the development of the doctrine of parental legal relationships. At the state level fixed policy to support positive parenting, however, the term «positive parenting» is not clear in the first place by the holders of rights, it is important not only to consolidate the monitoring principle as a fundamental principle of family law in the Family Code of the Russian Federation, but also to produce explanatory and educational work among direct participants of legal relations. Despite the advantages of this concept, it does not belong to the native Russian traditions, it is not possible to implement the principles of positive parenting without the involvement of the media, social advertising, due to the fact that traditions are the most strong in family sphere.
RUDN Journal of Law. 2016;(1):17-28
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Epistemological approaches to the research of public and private bases in relationships of land property
Niyazova A.N.

Abstract

The article examines methods of knowledge relevant to the study of interaction of private and public interests in the implementation of land ownership rights. The author’s starting point is the statement that most abstract level of philosophical methodology is most applicable to the conceptualizing key terms and categories in the legal study. For example, conceptualizing ways of harmonizing the private and the public began to require a philosophical category «interest» test at various levels of the research process. The author has stated the necessity of employment of the dialectical method in order to detect interaction of the contradictory basics in regulation of public and private relations. Abstraction in current study is also employed as a relevant tool, because of their own design are formalized thinking about actually existing objects of the material world, elevating them from the material nature to theorize structures. The simulation method is considered by the author as an effective model for the creation of normative legal acts. The systematic method accepted as the key method , because it allows to consider the land as an object of property rights in relation to the general provisions on the system of objects of civil rights and natural sites. In addition to these common methods, the author recognizes the following relevant methods: structural and functional, system analysis, hypothetical-deductive. They allow to see the beginning of the public and private in terms of their functionality and related characteristics; interaction; in terms of their place and role in the legal regulation; as well as their position on the basis of constructing hypotheses and parcels. The author concludes that the reliability of the results of the study lend not only relevant objects, in this case property relations to land and the implementation of public and private interests, but also the range, and combinatorial research techniques in their interaction.
RUDN Journal of Law. 2016;(1):29-35
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To a question of legal regulation of formation of civil society
Frolova E.E.

Abstract

The article is devoted to one of the foundations of the formation of civil society - the theory of separation of power, the history of its occurrence. The article focuses on the history of the formation of the concept «civil society» due to the fact that the idea separation of power is one of the key places in the theory of democracy, civil society, the rights of government, constitutionalism, federalism. Are allocated and opened three main areas of implementation of the principle of separation of powers. It is emphasized that in a real separation of powers, control or management functions of the state can not have an independent political and imperious nature. In this article appears the thesis that the separation of powers - is a system of state and legal institutions, enabling the combination of democratic state institutions to the stability of state power.
RUDN Journal of Law. 2016;(1):36-40
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The politic and legal analysis of some integration associations and nations restrictive measures against Russian Federation, russian citizens and entities
Klishas A.A.

Abstract

The political and legal analysis of a complex of the restrictive measures (sanctions) imposed on the Russian Federation and its citizens and legal entities concerning acceptance to the structure of Russia the Republic of Crimea and the city of Sevastopol as new subjects of the Russian Federation - the Republic of Crimea and the city of federal significance Sevastopol, on the basis of results of will of inhabitants of the peninsula of Crimea, by some integration associations and the foreign states such as the European Union, the United States of America, the Swiss Confederation, the Australian union, is provided in the article. The restrictive measures entered by Russia concerning a number of the foreign states and being «reciprocal» and directed on prevention of further development of deterioration of the interstate relations are also considered in the article. The author notes that the restrictive measures imposed by the states, as a rule, have a negative impact in the first place, it is for the states that impose such sanctions measures, thus, aiming to change the political vector of a State. The article concludes that despite some positive trends in the development of Russia's political, economic and social spheres in the framework of the «sanctions regime», the majority of politicians of the Russian Federation expects to resolve the situation through diplomatic dialogue on the basis of the positions of rationality in the approach to building bilateral relations, as well as with only in the framework of respect for international law principles and norms.
RUDN Journal of Law. 2016;(1):41-64
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Achievement of Sustainable Development Goals (2016-2030): international legal dimension
Abashidze A.K., Solntsev A.M., Kiseleva E.V., Koneva A.E., Kruglov D.A.

Abstract

In 2015 the term for the achievement of Millennium Development Goals (MDGs), set forth in the 2000 United Nations Millennium Declaration, has expired. In certain aspects some of these goals have been achieved. In September 2015 the international community has adopted the new Agenda for Sustainable Development for the period of 2016-2030 - «Transforming our world: the 2030 Agenda for Sustainable Development», which determines 17 Sustainable Development Goals (SDGs) and 169 targets, reaffirms the obligations in relation to global partnership for sustainable development and sets out the basic principles of accountability for the implementation of these goals. In frames of this research the authors make an attempt to critically analyze the SDGs and their targets with the aim of identifying the problematic aspects of their implementation in the area of human rights protection, environmental protection, disaster risk reduction and regulation of migration, as well as propose relevant solutions. Carried out the idea that at the current stage it is important in worldwide efforts to implement the SDGs to pay more attention to the mechanisms of control over the achievement of the objectives. In this sense, a significant contribution can make a compliance review at the level of inter-regional, regional and subregional organizations that provide diversified, reliable and proven tools to measure progress in achieving the SDGs. In the article it is concluded that it is necessary to develop and sign the relevant agreements between the regional and subregional entities, to create a working group to coordinate in order to identify the most problematic areas and determine the forms of cooperation, to develop a «roadmap» for further cooperation of the universal, inter-regional, regional and subregional mechanisms in SDGs field achievements.
RUDN Journal of Law. 2016;(1):65-78
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Using the results of operational-investigative activity in the detection and investigation of crimes against the person
Kolesnikov A.V.

Abstract

The article is devoted to the theoretical aspect of using the results of operational-investigative activity in the detection and investigation of crimes against the person committed in the context of obviousness. Given the author’s definition of the crime committed in the context of obviousness. Practical recommendations aimed at improving the criminal procedural and operational-investigative legislation. A comparative analysis of the use of the results of operational-investigative activity in the countries of Anglo-Saxon and continental systems of law. The author notes that in terms of the theory of criminal procedure of operational and investigative activities inter alia relating to crimes against the person committed in non-obviousness conditions collected for further testing and evaluation in terms of the possibility of use as evidence in criminal proceedings. A result of research concludes that the basic regulations relating to the issues of legal regulation of the use of results of operatively-search activity does not give a definite answer about the content of the algorithm presentation and use of results of operatively-search activity.
RUDN Journal of Law. 2016;(1):79-92
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Our authors
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Abstract

RUDN Journal of Law. 2016;(1):93-94
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