No 2 (2013)

Cover Page
Articles
From the history of the social state in Russia
Filatov V.K.
Abstract
This article puts forward and substantiates thesis that the social state and study of it are the phenomenon and the process that have domestic roots and traditions.
RUDN Journal of Law. 2013;(2):7-13
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Reform of the federal legislative regulation on the abridgment of the eligibility to vote of Russian citizens (1994–2012)
Podmarev A.A.
Abstract
The article considers development of the federal electoral legislation in the area of regulation of the Russian citizens’ eligibility to vote abridgment. There are made analysis and given characteristic of the main abridgments of the eligibility to vote.
RUDN Journal of Law. 2013;(2):14-24
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Private subjects administrative and legal regulation of subsoil use
Volkov A.M.
Abstract
We consider the questions of the participation of private subjects administrative and legal regulation in the sphere of subsoil use, given their classification and made suggestions to improve regulations.
RUDN Journal of Law. 2013;(2):25-38
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State corporation: subject with special legal status
Kirsanov A.N., Severyanova T.Y.
Abstract
This article deals with the legal status of State Corporation in comparison with the legal status of the JSC. The authors accent unique and specific characteristics of State Corporation, analyze its creation procedure and liquidation . They also evaluate advantages and disadvantages of this legal form of organization.
RUDN Journal of Law. 2013;(2):39-45
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Officials of the health sector as the subjects of corruption crimes
Polukarov A.V.
Abstract
Determination of the official health care as a subject of corruption has not yet formulated. Despite the existence of legislative definition, interpretation of the Supreme Court, in practice courts similar acts qualify not the same. The paper gives a detailed analysis of the officers of health care.
RUDN Journal of Law. 2013;(2):46-64
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Application of extrajudicial proceedings to dispute settlement in the sphere of state secret protection
Zhigalsky I.M.
Abstract
The article focuses on practice and procedure of settling one of the types of disputes connected with state secret: the dispute relating to the restriction of right to leave the Russian Federation for citizens having access to information which constitutes a part of state secret in a quasi-judicial agency, i.e. the Interdepartmental Commission handling the Russian citizens’ requests as a result of limitation of their rights to leave the Russian Federation. The legislation governing the Interdepartmental Commission authority and establishment procedure is analyzed. The author puts forward a number of proposals concerning the improvement of extrajudicial proceedings of dispute settlement in the sphere of state secret protection.
RUDN Journal of Law. 2013;(2):65-73
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Legal profession in Russian Federation at the present stage
Galushkin A.A., Timoshenko D.Y.
Abstract
In the present article authors conducted research and generalization of results of organizational and legal regulation of the legal profession and lawyer activity in Russian Federation. Law-enforcement practice and actual perspective is presented, a number of author’s recommendations are presented.
RUDN Journal of Law. 2013;(2):74-84
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Topical issues of the mode of lawyer secret legal regulation in Russian Federation at the present stage
Kozhev A.V.
Abstract
In this article the opinion of author concerning legal regulation of the lawyer secret mode in Russian Federation at the present stage is presented, the opinion on legislative guarantees and practical shortcomings is reflected.
RUDN Journal of Law. 2013;(2):85-91
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About the exclusive right of russian citizens to participate in public events
Gagloev D.V.
Abstract
The article is devoted to the some problems of the institute of public events in Russia at the present stage. The author carried out the analysis of compliance of some normative legal acts in the field of realization of a constitutional law of citizens on participation in public actions to a number of key acts of international law.
RUDN Journal of Law. 2013;(2):92-100
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Reducing credit risk as a solution to problem of controversial assets
Belous E.I.
Abstract
This article is devoted to solving a problem of controversial assets. The author discusses various methods of reducing the credit risk of banks as one of the solutions to this problem. The author considers purchase and sale as a solution to problem of controversial assets. The article deals with such aspects as necessity of collection of compulsory debts from legal persons and criminal liability for failure to observe judicial acts and deviation of creditors’ acquittance.
RUDN Journal of Law. 2013;(2):101-110
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Liability for apostasy in islamic criminal law
Manna A.A.
Abstract
The article reveals some problems of the liability for apostasy in the Islamic criminal law. It is defined of Hudud as a system of certain types of punishments in the Islamic criminal law. In addition, the author analyzes the views of Muslim scholars, for example, what crimes should be included in the category of Hudud. It is reviewed the question of the liability for apostasy, as well as the punishment for the act. There are various in the article opinions concerning the property confiscation of apostate. The misconducts are described after commiting which Muslim becomes a apostate.
RUDN Journal of Law. 2013;(2):111-115
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Legal regulation of prevention and compensation for environmental damage inland seas
Yakovlev A.V.
Abstract
The article discusses the problem of pollution of the world ocean and internal sea.
RUDN Journal of Law. 2013;(2):116-120
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Development of functions of specialist in criminal procedure of the Russian Federation
Makhov V.N.
Abstract
In the article the content of the expert in the criminal proceedings of the Russian Federation, it differs from a court expert, his rights and duties, an analysis of the new activities of the expert: study of the case with the use of technical means, the conclusion and the testimony of the expert.
RUDN Journal of Law. 2013;(2):121-126
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Improvement of legal system principles appraising the damage caused by traffic accidents: domestic and foreign experience
Yashnova S.G.
Abstract
Traffic accident rates are one of the most acute socio-economic problems in most countries in the world. One of the burning issues here is developing the principles of appraising the damage and its extent caused at traffic accidents to natural people as well as legal people and the government itself.
RUDN Journal of Law. 2013;(2):127-135
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«The inner man»-pattern as a subject of law formation (Part II)
Ivanskiy V.P.
Abstract
The article describes the scientific attitude to the «the inner man» pattern concept. The author envisages the stages of law formation when «the inner man» pattern is its’ fundamental component. Furthermore, the article examines such investitive factors as archetypes, egregore and eidos.
RUDN Journal of Law. 2013;(2):136-148
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Sovereignty of Scotland and its documentation
Grafshonkina A.A.
Abstract
The article describes the history of Scottish sovereignty from the twelfth century till the Act of Union 1707, documents of independence, Act the Union act of losing independence.
RUDN Journal of Law. 2013;(2):149-156
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Subject of the French law on copyright of XVIII–XIX centuries
Semiwolkova A.M.
Abstract
Article is devoted to the subject and characteristics of French legislation on copyright in XVIII–XIX, and features of the development of this legislation in this period.
RUDN Journal of Law. 2013;(2):157-161
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Criminal responsibility for mediation in bribery in foreign countries
Kopylov M.N., Gavryushkin Y.B.
Abstract
In 2011, the Criminal Code contained an article 291.1 «Mediation in bribery,» it had previously been in the Criminal Code in 1960. The new edition requires a change, the authors substantiate them, based on the penal laws of foreign countries.
RUDN Journal of Law. 2013;(2):162-167
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The legislation as the source of law in Mexican legal system
Pavlova N.G.
Abstract
In Mexico the legislation as the source of law includes wide range of acts issued by legislative and executive bodies. Wide discussion concerning types of legislative sources of law, their legal force and hierarchy in Mexican legal doctrine became a consequence of lack of attention to the problem in the Constitution as well as of the lack of special legislative act concerning legal documents and acts (as it is included in some European legal acts).
RUDN Journal of Law. 2013;(2):168-177
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Pecularities of a foreign legislation regarding North
Protopopov S.I.
Abstract
Author looks into the statutory regulation in the field of protecting rights and interests of indigenous peoples of the North. He investigates principles and content of the legal regulation of issues regarding the Sami people in Norway. For the purpose of the study, author analyses the official Norwegian policy approach to the institution of citizenship taking into account interests of ethnic minorities. The article contains author’s translation of Act No. 56 concerning the Sameting (the Sami Parliament), passed by the Norwegian Parliament on 12 June 1987, from English into Russian considering recent version in Norwegian.
RUDN Journal of Law. 2013;(2):178-187
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Judicial authority reform in the context of globalized economy: Brazil experience
Grebennikov V.V., Marchuk N.N., Marchuk V.N.
Abstract
Current article is devoted to the question of deep reasons identification of the judicial authority reform in Brazil, its connection with the world economy globalization, positive and negative positions of the Brazilian jurists in relation to the recipes of reform offered by the World bank are also analyzed.
RUDN Journal of Law. 2013;(2):188-197
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Electronic writ proceeding in Germany: perspectives of legal borrowing
Koncheva V.A.
Abstract
The article is devoted to some aspects of the contemporary legal regulation in EU and Germany in the sphere of automated writ proceedings. The article is directly linked with the concepts of electronic justice in Russian science and dedicated to the issue of expediency of use of the European experience of the development of writ proceedings in Russia.
RUDN Journal of Law. 2013;(2):198-206
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The rights and obligations of the shareholders in the law of the Russian Federation and the Republic of Azerbaijan
Ifraimov V.Y.
Abstract
The rights and obligations of the shareholders established by the civil legislation of the state and the internal corporate acts of the joint-stock companies. Disclosure, both the rights and responsibilities of shareholders, as well as their possible improvements in the light of the current reform of the civil legislation of the Russian Federation is the relevance of this research. However, a greater importance in terms of the relevance of research is the study of the legal status of joint-stock companies as a whole, as well as the rights and obligations of shareholders in particular, not only in the Russian Federation but also in the Republic of Azerbaijan, where the most recent changes to the civil legislation, as it relates to the subject considered relations were introduced 10 years ago and since then, have not been significant amendments. One of the goals of this research is to identify the strengths and weaknesses of the civil legislation of the considered states in terms of regulating the rights and obligations of shareholders, through a comparative legal analysis of their provisions.
RUDN Journal of Law. 2013;(2):207-218
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Features of modern «American» extremism
Volodina N.V.
Abstract
Modern experience of the USA counteractions to extremism is analyzed and features of the «American» extremism are marked out. It is specified positive sides of the American experience for use of methods of fight against extremism in the international practice.
RUDN Journal of Law. 2013;(2):219-227
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International legal cooperation in the management of the transboundary rivers: Zambezi river case
Solntsev A.M., Shumba Target -.
Abstract
Transboundary watercourses constitute an important reservoir providing perhaps the most critical natural resource essential to support life all over the world. Many governments depend on rivers straddling two or more countries to provide not only freshwater for their populations, but also hydro-electric power sources, recreation and other forms of socio-economic sustenance. The article is focused on the international legal regulation of the Zambezi River as one of the most significant international watercourse. Being the forth longest river in Africa, the Zambezi is shared by eight Southern African States and evaluates a quarter of a century of close cooperation in order to realize the Southern African Development Community (SADC) founding principles.
RUDN Journal of Law. 2013;(2):228-236
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Treaty capacity of international non-governmental organizations
Dzhantaev K.M.
Abstract
Proceeding from the analysis of corresponding international legal documents, provisions of the general theory of law, extensive contractual practice with the participation of international and national non-governmental organizations and taking into account opinions of domestic and foreign publicists, the author of this research convincingly demonstrates that the above institutions possess the contractual capacity as an important quality of their activity.
RUDN Journal of Law. 2013;(2):237-245
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Modern trends in the legal regulation of international trade as the institute of international economic law
Mamedov A.A.
Abstract
In the context of globalization, the creation of a single economic space is Lex mercatoria as codified transnational law provides the necessary regulation of international trade operations, removing certain contradiction international nature of such operations and their regulation by national law, and eliminates the transaction costs associated with the application of national law to transnational trade relations that may hinder the development of the global market.
RUDN Journal of Law. 2013;(2):246-250
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Protection of human rights and freedoms in accordance with the international legal standards in context of a new realities of the globalized world
Abashidze A.K., Klishas A.A.
Abstract
Main conceptual political and legal obstacles, facing on the way of coloration of national legal system and judicial practice of states in accordance with Modern International Law under the example of the Denmark are analyzed in this article.
RUDN Journal of Law. 2013;(2):251-255
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The recruitment and use of child soldiers as a serious violation of international humanitarian law
Mustafaeva M.M.
Abstract
This article is dedicated to the current problem of the recruitment and use of child soldiers in international armed conflicts and non-international armed conflicts. The author examines the sources of international law related to this issue, as well as two historic decisions: the decision of the International criminal court in the case of The Prosecutor vs. Thomas Lubanga Dyilo and the decision of the Special court for Sierra Leone in the case of The Prosecutor vs. Charles Ghankay Taylor.
RUDN Journal of Law. 2013;(2):256-264
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Formation of the institute of readmission with in the framework of the European Union
Kazhaeva O.S.
Abstract
The article deals with the development of the institute of readmission within the European Union. The paper identifies the obstacles to the conclusion of such agreements, as well as features of the shared competence of the European Union and its Member States in the field of readmission.
RUDN Journal of Law. 2013;(2):265-274
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Cultural rights as a category of the human rights system: international legal aspects
Volkova N.V.
Abstract
This article examines the place of cultural rights in the system of fundamental rights and freedoms. We consider the interpretation of cultural rights in various international instruments and in the general comments of the Committee on Economic, Social and Cultural Rights.
RUDN Journal of Law. 2013;(2):275-285
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Legal status of the diplomatic courier
Bassam Issa -.
Abstract
This article examines the legal status of the diplomatic courier carrying out dispatch, delivery and receipt of the pouch, ensuring its integrity in the relationship between the diplomatic mission and the sending State. The author analyzes the legal framework governing the status of the diplomatic courier. Based on the analysis of existing international legal norms, emphasis is placed on those circumstances that is legally settled, regarding the status of the diplomatic courier, but the unsettled which is the basis for the conflict.
RUDN Journal of Law. 2013;(2):286-293
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International legal meaning of the Durban’s process against racism, racial discrimination, xenophobia and related intolerance
Adou Yao Nicaise -.
Abstract
The article deals with the meaning of the Durban process against racism, racial discrimination, xenophobia and related intolerance. The article analyzes different questions concerning by the Durban declaration already regulating by other international Conventions and those issues that need to be regulated out of this Declaration. The article deals also with the new international mechanism to implement that Declaration.
RUDN Journal of Law. 2013;(2):294-302
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International legal regulation of foreign assistance
Degterev D.A.
Abstract
In this article the question of international legal regulation of foreign assistance is discussed. The issue of foreign assistance is analyzed in the context of the resolutions of the UN (the formation of the right to development and the international development law), of the distribution of foreign assistance within the Bretton Woods institutions (IMF, World Bank Group) in accordance with the internal law of these organizations, as well as of the efforts to harmonize practices of foreign assistance initiated by the Development Assistance Committee of the Organization for Economic Cooperation and development (OECD-DAC).
RUDN Journal of Law. 2013;(2):303-314
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Public service interpreting as a factor of state’s language policy
Vasilenko L.Y.
Abstract
The article highlights the characteristic features of Public Service Interpreting. This type of interpreting is regarded in the aspect of host country’s language policy in social sector and in the field of human rights protection. The article also focuses on macro and optional factors that influence the government’s language policy.
RUDN Journal of Law. 2013;(2):315-319
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Foreign language application in the development of professional competences of the lawyers-to-be
Belenkova N.M.
Abstract
The interconnection of the development of foreign language professional communicative competences and the professional competences of the lawyers to be are in a nonlinguistic higher education institution is discussed.
RUDN Journal of Law. 2013;(2):320-325
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Network enculturation processes in developing translation competence
Udina N.N.
Abstract
Competence approach in education emphasizes capabilities of using acquired knowledge in various spheres of people’s life. Foreign language and translation competence acquisition has been considered as one of fundamental objectives in training highly qualified specialists. Network enculturation model for developing language and translation competence has been worked out to enhance teaching and learning process using new information and communication technologies and integrating subject and cultural studies to respond to current challenges in education.
RUDN Journal of Law. 2013;(2):326-330
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Review of Textbook of A.Kh. Abashidze and A.O. Inshakova (eds.) «Bases of the European Communitarian Law» (Moscow: «Yurist», 2013)
Martynenko E.V.
Abstract
RUDN Journal of Law. 2013;(2):331-333
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Our authors
- -.
Abstract
RUDN Journal of Law. 2013;(2):334-337
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