No 1 (2014)

Cover Page
Articles
Influence konveregentsii privat and public right to development civil and human rights functions state
Grudtsina L.Y.
Abstract
Article examines the phenomenon of domestic law on the separation of the industry in terms of the implementation of human rights functions of the state . The author concludes that no modern legal system does not provide and does not provide for the division of the right to the industry. The article concludes that the private- and public- legal principles are implemented in close relationship with the socio-economic and cultural relations , as well as law enforcement function of the state at a particular point in history , can not be separated from them, but because - largely logic their development is dependent on the economic situation , which dictates , in particular, vectors of law and legislation , as well as law enforcement and judicial interpretation of laws .
RUDN Journal of Law. 2014;(1):7-14
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To the question of modern society informatization ant the need of ensuring national information security of Russian Federation at the present stage
Galushkin A.A.
Abstract
In the present article author discuыs questions of informatization and computerization of modern society, as well as problems connected with it. Special attention is given to problem of ensuring information security at the state level (national information security) on the example of Russian Federation. Author considers a number of organizational and legal questions and makes own recommendations on the improvement of work in the field of national information security of Russian Federation.
RUDN Journal of Law. 2014;(1):15-20
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Explanations of plenums ofthe supereme courts onjudicial practiceissuesas aspecific form of judiciallaw-makingin Russia
Kornev A.V.
Abstract
The article deals with the question of judicial law-making of the high courts of the USSR and the Russian Federation. The main attention is paid to the law-making powers of the plenums and presidiums of the supreme courts. On the basis of the analysis the legislation andjudicial practice the author makes a conclusion that the legal positions formulated by the plenumsand presidiums of the supreme courts of Russia aresources of law which have specific legal nature.
RUDN Journal of Law. 2014;(1):21-29
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Environmental expertise in law enforcement prosecution
Chernyshev V.V.
Abstract
The present article is devoted to one of the actual directions in research of law-enforcement activity in Russia - a problem of improvement of public prosecutor's supervision in the sphere of nature protection activity. This question is considered by the author in a context of development of law-enforcement system of the Russian Federation.
RUDN Journal of Law. 2014;(1):30-36
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Theoretical and legal basics of institute of private property in Russia: features of state rights proprietors
Muhtasarova T.R.
Abstract
The article concludes that the property right of the citizen to the ground is the basis of the legal status of the individual in the Russian state. The article concluded that legislative recognition of this change in practice has caused a number of legal issues, among them the necessity of legislative consolidation ratio of federal legislation and the legislation of the subjects of the Russian Federation, adopted on the subjects of joint management, the need to consolidate the legislative principles of the state ownership of land sites on federal property and property of subjects of the Russian Federation.
RUDN Journal of Law. 2014;(1):37-43
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Legal defense problems of the confidential information in the conditions of scientific-technological progress development
Kovalev S.I., Ivanskaya A.V.
Abstract
The article concernes the reasons causing endangerment of civil privacy rights by the computer information accumulation and data processing of private character as well as an analyzation of the legal regulation issues in the personal activities on the computer processing of information.
RUDN Journal of Law. 2014;(1):44-52
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The organization of professional education and professional preparation of convicts to imprisonment on the law of Russian Federation
Ospanova Z.B.
Abstract
Professional education and preparation of persons sentenced to imprisonment is not only one of the principal means of correcting them, but also are designed to promote effective labour organization. The author analyzes the current legislation of the Russian Federation by the organization of education and professional preparation of convicts of imprisonment and defined the perspective ways of development in this system.
RUDN Journal of Law. 2014;(1):53-60
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Features of termination of employment contract with foreign worker in physical education and sport
Babaev R.Y.
Abstract
This article discusses the features of termination of the employment contract with a foreign athlete and coach. In the absence of fixed regulatory definition of «total workforce - athletes' practice will inevitably wake up the question of what kind of - the actual number of full-time or employer shall determine the percentage of foreign athletes. This gap is proposed to be filled. The article deals with the question of pre-emptive right on leaving work, safeguards for pregnant foreign athletes and coaches.
RUDN Journal of Law. 2014;(1):61-66
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The incentives in the civil law as a means of improving the management of economic relations
Mechetina T.A.
Abstract
The article focuses on the issues of improving the efficiency of the legal regulation of economic relations. Particular attention is paid to the incentives in the civil law and on their interaction with other civil remedies impact on social relations.
RUDN Journal of Law. 2014;(1):67-71
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Responsible contractors supplying goods, works and services for state and municipal needs
Nichkolskiy D.S.
Abstract
The article emphasizes the importance of relations arising concerning a state contract. The peculiarities of the liability of the members contract to supply goods, works and services for state and municipal needs. Identified objectives of this responsibility. The significance of positive responsibility in the legal relationship associated with the state contract. The features of the administrative responsibilities of the participants a contract to supply goods, works and services for state and municipal needs. The features of the liability of in accordance with Federal law on the contract system. The features of liability as set forth in the Federal Law "On the procurement and supply of agricultural products, raw materials and food for the state needs."
RUDN Journal of Law. 2014;(1):72-78
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Legal nature of the principle of good faith in the context of the implementation of human rights state functions in civil law of the Russian Federation
Verdiyan G.V.
Abstract
Article examines the place and role of the principle of good faith in modern civil law. This concept is explored in connection with the consideration of individual civil relations. There are a number of civil relations , where the value of good faith has not been investigated properly, such as obligations of unjust enrichment or in a relationship for the recognition of transactions void . The article concludes that in the Russian civil law have provisions where legislation specifically refers to the insignificance of the contract, contrary to the principle of good faith. As a rule , it is about those transactions where the highest probability of abuse of one of the parties .
RUDN Journal of Law. 2014;(1):79-85
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Religious islamist extremism legal and philosophical aspects
Volodina N.V., Zhigotsky P.E.
Abstract
Examines the current problems associated with religious Islamic extremism in the Russian Federation and abroad. Indicated that the Russian national legislation given legal definition of extremism, which is enshrined in the Federal Law of the Russian Federation of 25 July 2002 N 114 -FZ «On Countering Extremist Activities» and suggested options to counter this phenomenon. Analyzed the phenomenon of « Islamic religious extremism « and assessed the legal and philosophical side.
RUDN Journal of Law. 2014;(1):86-94
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Problems of the classification of legal systems
Pavlova N.G.
Abstract
The classification of legal systems provides opportunity to make general impression of legal pattern of the world. The problem is that modern comparative legal science doesn’t dispose of unified approach to the criteria of such classification as well as of the answer to the question if it is possible to operate different criteria of classification without damage to its content.
RUDN Journal of Law. 2014;(1):95-101
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The typology of legal cultures
Zinkovskiy S.B.
Abstract
The article is devoted to the issues of typology of legal cultures and of the basis of such typology. As a criterion of the typology of legal cultures the author suggests the system of values, lying in the basis of legal culture and providing its integrity.
RUDN Journal of Law. 2014;(1):102-111
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Sources and comparative law - legal research
Chuhvichov D.V.
Abstract
The article contains a brief analysis of the role of comparative legal studies in the formation of a unified concept of the sources of law and the role of learning the system of sources of law within the framework of comparative legal studies. The author made an attempt to determine the cause of any comparative legal studies, regardless of whether based on any classification criteria the classification of the national legal systems in the legal family, begin with a survey of the sources of law.
RUDN Journal of Law. 2014;(1):112-119
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The object, ends and principles of the comparative legal studies
Varlamova N.V.
Abstract
The article deals with the methodological principles of comparative legal studies. The author suggests that only common essence objects may be compared. That is why the object of the comparative legal studies is national legal orders based on common system of principles. The end of the comparative legal studies is the research variety of positive law decisions different juridical problems within national legal orders under common principle approaches.
RUDN Journal of Law. 2014;(1):120-128
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Objects, purposes and levels of comparative legal studies
Yudina A.V.
Abstract
The article deals with: the different types of comparative legal studies, classified according to objects, purposes and levels of comparison, as well as some aspects of the methodology , characteristic for a particular type of study.
RUDN Journal of Law. 2014;(1):129-134
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Comparative analysis of the constitutional regulation of the restraints of rights and freedoms of man and citizen in the legal systems and families
Podmarev A.A.
Abstract
The article presents the comparative analysis of the constitutional regulation of the restraints of rights and freedoms of man and citizen in the different legal systems and families and reveals the common and distinct features in this pointed regulation.
RUDN Journal of Law. 2014;(1):135-143
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Guarantees and content of the constitutional right to education in the constitutions of the foreign states
Petrosyan T.E.
Abstract
Article is devoted to rethinking the content and nature of the constitutional right to education. The author explores the norms of the Constitution several foreign states, fixing the constitutional imperatives and guarantees of the right to education.
RUDN Journal of Law. 2014;(1):144-149
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Features of administrative regulation and realization of the government's housing policy: foreign experience
Sidorina O.E.
Abstract
Article is devoted questions of the concepts, objectives and features of the government's housing policy at the present stage. Studied the experience of a number of foreign countries (USA, Spain, Sweden, the UK, France, Australia).
RUDN Journal of Law. 2014;(1):150-158
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EU Over the counter regulatory reform after world financial crisis
Oziumenko M.V.
Abstract
This article is about over the counter derivatives market regulatory reform in EU. It covers the derivatives market ongoing reform background and possible impact. As part of the extensive regulatory reform proposals, the new rules will warrant significant increase in the use of collateral across the financial system.
RUDN Journal of Law. 2014;(1):159-169
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Judicial reform in Brazil in the context of change model state
Grebennikov V.V., Marchuk N.N.
Abstract
Article is devoted to the final phase of a long process of economic, social and political transformation of Brazil, which is expressed in the reform of the judicial system. Although among Brazilian jurists many of those who study reform in isolation from the economic, social and even other branches of government, the majority still connects with recipes reform of the World Bank for Latin America, aimed at protecting the interests of transnational corporations. This would require a change is not in itself the judiciary and its transformation in the context of changing state model. Disputes of this part of the jurists revolve around the question of what kind of state model meets the ongoing reform of the judicial system. Some believe that it is a return to the «minimum» liberal state, others see the process to establish a democratic state, and others - the legal democratic welfare state.
RUDN Journal of Law. 2014;(1):170-181
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Russian and American Presidents’ Implied Powers
Guryanov G.I.
Abstract
This report is dedicated to clarify several crucial points of hidden presidential powers. The subject of that research is aimed at analysing the status of Russian and American Presidency. It demonstrates pros and cons of the implied powers. This article expresses the view to the implied powers’ legitimacy, powers that are not contained in the Constitutions’ texts, but are legitimate according to their legal nature.
RUDN Journal of Law. 2014;(1):182-189
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Comparative legal analysis of offenses against honor and dignity in the Russian Federation and the United States
Kuznetsova T.V., Madoyan M.R.
Abstract
In this article, the author conducted a comparative legal analysis of the criminal legislation of Russia and the United States. The study author identifies the similarities and differences in the regulation of crimes against the honor and dignity of the said countries.
RUDN Journal of Law. 2014;(1):190-193
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Person to commit suicide under the laws of Ukraine and foreign countries: a comparative analysis
Kolinko E.A., Selezneva N.A.
Abstract
In the article is made a comparison of norms Criminal Codes of foreign countries about driving to suicide. As a result of investigation, authors propose to provide criminal responsibility for driving to suicide, inclination to suicide and help in suicide The article is addressed to students, and a wide range of readers interested in the problems of criminal law in foreign countries.
RUDN Journal of Law. 2014;(1):194-201
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The institute of coroners in England and Wales and the procedural basis of their activity in the light of the reform
Lisovetskiy A.L.
Abstract
The institute of coroners is one of the oldest institutes of criminal justice in England and Wales. In 2013, in the light of the yet another reform of this institute a number of new legal acts came into force. Thus, the article gives a brief description of the institute of coroners in England and Wales and their activities including the key results of the reform.
RUDN Journal of Law. 2014;(1):202-207
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Conclusion, performance and termination of the contract in the law of Republic of South Africa
Belikova K.M., Ifraimov V.Y.
Abstract
The article touches upon the procedure of conclusion, performance and termination of the contract in the law of the Republic of South Africa. The authors distinguish the features of the development of contract law, as a result of the consideration of which come to the appropriate conclusions.
RUDN Journal of Law. 2014;(1):208-217
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Some legal regulation of work of athletes and other employees in professional sports abroad
Shevchenko O.A.
Abstract
We conducted a legal analysis of labor codes and special laws about sports in foreign countries. Comparative analysis of various labor codes and special laws of the sport of foreign countries shows that the peculiarities of legal regulation of sports and labor relations are represented by a small variety. In addition, labor codes and laws of individual countries differ sport specificity of legal regulation of sports and labor relations , depending on the subjects and state intervention in these relations. The study of labor law and legislation on a number of European sports countries in the world allowed to formulate a classification of copyrights, as well as making a number of important scientific generalizations.
RUDN Journal of Law. 2014;(1):218-225
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Hugo Grotius’ contribution in development of the just war doctrine
Didmanidze U.T.
Abstract
On the basis of the analyses of the provisions of the fundamental work on the Law of War and Peace («De Jure Belli ac Pacis Libri Tres») is shown contribution made by Hugo Grotius in development of the Just War Doctrine.
RUDN Journal of Law. 2014;(1):226-235
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On the international legal recognition of states
Ilyashevich M.V., Khakhina A.A.
Abstract
He article refers to the legal content of the act of recognition of States under international law. It deals with the act of recognition as an act generating legal consequences for the state-author, as well as offers an analysis of the practice of States and international legal literature on the subject.
RUDN Journal of Law. 2014;(1):236-244
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Challenges facing the human rights treaty body system
Koneva A.E.
Abstract
The human rights treaty bodies - international organs controlling the implementation of core international human rights treaties by States and forming an interlinked system today - are being confronted by a number of compelling challenges that seriously undermine their effective functioning. The current treaty body strengthening process aims to enhance the work of the treaty body system in a way that these challenges are addressed in most efficiently. In these terms the legal assessment of the system’s problems is essential for finding mechanisms of their solution that would ultimately improve human rights protection at the national level.
RUDN Journal of Law. 2014;(1):245-255
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International obligations of Russian Federation in the field of human rights protection
Kartashkin V.A.
Abstract
Russian Constitution proclaimed the natural character of human rights and supremacy of international law over national legislation. The article describes the international obligation of the country in the field of human rights protection proceeding from the constitution and the ratified international treaties of Russia.
RUDN Journal of Law. 2014;(1):256-260
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Protection of human rights within the Tribunal of the Southern African Development Community (SADC)
Abashidze A.K., Adu Y.N.
Abstract
The article deals with human rights protection within the Southern African Development Community (SADC). The Tribunal of SADC was the main body in the ground of human rights protection in the sub-region. Unfortunately, It was shutdown in 2010 because of the discordances between the heads of States and Governments and the Tribunal. This situation occurred because of the massive complains against the Republic of Zimbabwe, alleging human rights violations.
RUDN Journal of Law. 2014;(1):261-265
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On drafting legal texts for francophone audience
Meshkova I.N.
Abstract
The article examines the peculiarities of drafting legal texts for the French-speaking audience and the need to take into account a country's customs, historical traditions, especially the perception of spoken or written language. Citation is an essential element of a legal text written in both Russian and French, it confirms the author's position and indicates the awareness of the topic. Jurist must know the rules of drawing up a special text in a particular language and use them for maximum text impact.
RUDN Journal of Law. 2014;(1):266-271
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Report on the participation of students of the department of international law of the Peoples’ Friendship University of Russia in ECSL summer course on space law and policy 2013 in Austria
Chernykh I.A., Lazarev N.D.
Abstract
RUDN Journal of Law. 2014;(1):272-278
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Gennady Petrovich Zhukov - 90!
Abashidze A.K., Solntsev A.M.
Abstract
RUDN Journal of Law. 2014;(1):279-281
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The review of C.N. Gorbunov’s & B.A. Molchanov’s monography «Edress the Historical Injustice» (Arkhangelsk, 2013. - 489 p.)
Mironov V.O.
Abstract
RUDN Journal of Law. 2014;(1):282-285
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The review of A.M. Volkov’s monography «The Implementation and Protection of Public Rights of Private Persons in Subsoil Use» (Dushanbe: Publishing house «Er-Graph», 2013. - 210 p.)
Redkous V.M.
Abstract
RUDN Journal of Law. 2014;(1):286-287
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Our authors
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Abstract
RUDN Journal of Law. 2014;(1):288-292
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