No 4 (2014)

Cover Page
Articles
On some aspects of methodology of comparative legal studies
Zinkovskiy S.B., Pavlova N.G.
Abstract
The article is devoted to the problems of applicability of different methods of comparative legal research. The authors prove the dependence of such methods from the nature of the analyzed legal phenomena. The article also points out general rules of comparative legal analysis.
RUDN Journal of Law. 2014;(4):9-16
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On correlation of the notions «Legal System» and «Legal Culture» in comparative law researches
Pavlova N.G.
Abstract
The concepts of «legal system» and «legal culture» are traditionally developed by the science of the theory of state and law. With the development socio-cultural approach to the law in comparative legal studies in our country, the solving of methodological problems of use and co-relation of these concepts in comparative jurisprudence make actual. The due analysis of the phenomenon of the legal system is impossible without paying attention to the general aspects of the civilization character such as traditions, customs, religion, culture, etc. Such an approach provides both objective estimation of legal systems in general and attention to the different concepts of law - and further determines due functioning of legal systems. The coexistence of different forms and contents of law in the frames of legal systems helps to draw multi-variant and complicated legal map of the world, that is undoubtedly has the great significance of planetary scale.
RUDN Journal of Law. 2014;(4):17-24
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Discussion about the position of church law in the legal system: a comparative analysis of foreign and Russian doctrine XIX - early XX centuries
Dorskaya A.A.
Abstract
The article analyzes the debate about the place of church law in the legal system of the country, which arose in the XIX - early XX centuries. The importance of this issue for the formation of the concept of «legal system» is shown. It is revealed the foreign theories which were perceived by Russian specialists in the field of church law. The impact of this debate on the contemporary qualification of church (canon) law is examines.
RUDN Journal of Law. 2014;(4):25-32
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Legal culture of late imperial Russia’s society from the perspective of historical and legal research: approaches of recent years
Tumanova A.S.
Abstract
The article examines the main trends of studying of the legal culture of the Russian society of the late XIX-th - beginning of XX-th centuries, which exist in the literature of the history of law in recent decades and appear the most important characteristics for this category.
RUDN Journal of Law. 2014;(4):33-40
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Constitutional recognition of the concept of personal status in the legal systems and families
Podmarev A.A.
Abstract
This article analyzes the concepts of personal status, fixed by the constitutions of states representing different legal families. There are three basic concepts of personal status: liberal, moslem, socialistic. There are indicated the specifics of constitutional rights, freedoms and duties of man and citizen, due to the corresponding concept. It is concluded that the concept of the constitutionally fixed status of the individual is one of the principles of political and social system, and it determines the list and contents of the main and branch rights, freedoms and responsibilities, it defines goals, objectives and content of the activities of the state bodies.
RUDN Journal of Law. 2014;(4):41-48
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Sociological understanding of history of the right
Zemtsov B.N.
Abstract
In article historical conditions of emergence of a training course of legal higher education institutions «History of state and law» are considered. Without denying the importance of positivism, the author opens conditions under which in the Soviet right etatichesky positivism was approved. Suggests to expand methodological bases of a modern training course, by inclusion and other types of right understanding.
RUDN Journal of Law. 2014;(4):49-56
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Social contextuality of law: social challenges and legal consequences
Aleshin D.A.
Abstract
This article is devoted to the transformations of the subject of legal science in the conditions of postmodern. The latter is characterized as a current period when the concepts of the foundations of the world order are radically changed. The transition to a non-classical rationality with it’s basic principles of variability, decentration, contextuality is the expression of it in the socio-humanitarian field. The last of those principles is explored more thoroughly. The recognition of contextuality of the law accents its social conditionality, what renders impossible the isolated studying of a legal reality. The article considers the different types of contexts, to which it is accepted to address within the continental and Anglo-American traditions of legal researches, their importance for the law studying are shown. The special attention is paid to social challenges which legal regulation and legal science face in the conditions of postmodern, such as «death of a legal entity» (the radical change of position and the self-consciousness of person in the postmodern epoch), mediatization of law and influence of mass culture on it.
RUDN Journal of Law. 2014;(4):57-66
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Teaching of roman law in England: magister Vacarius
Sorokina E.A.
Abstract
When the study of English legal history began, scholars have sought to measure of influence of the Roman law on the common law tradition. Legal historians, first of all, have started to attend how Roman law was studied and used. As a result became conventional that Roman law was introduced into England by Master, Magister Vacarius and he was one of significant figures in the twelfth-century history. At the same time, on pages of domestic researches we will not find separate works devoted to his biography, activity and oeuvre. This article turns basically to one disputable question connected with the locus of Vacarius's law teaching in England, particular in Oxford.
RUDN Journal of Law. 2014;(4):67-74
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Law and morality in the educational relations: view from Russia to the USA and the United Kingdom
Barabanova S.V., Kraysman N.V., Shagieva R.V.
Abstract
The article is devoted to the actual problems of the law and morality correlation in regulation of the educational relations in Russia and the countries of Anglo-Saxon legal system. According to the authors, the development of local regulation system in Russian higher education institutions in the context of a new Federal law «About education in the Russian Federation», expansions of the international cooperation of Russian universities and realization of the Bologna agreement can be based not only on own legal traditions, but also on experience of the developed foreign states.
RUDN Journal of Law. 2014;(4):75-83
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G.R. Derzhavin - first Russian minister of justice and general public prosecutor
Ovtcharenko A.Y.
Abstract
The article deals with a biography and public destiny,social and literary life of Russian poet and citizen G.R. Derzhavin on the background of the historical transformations in Russia in the XVIII - beginning of XIXth centuries. Considers the influence of the poetry of Russian classicism on the formation of Russian statehood, on the establishment of the Russian legal system, the new legislature in the course of the reform of the legislative and Executive authority during the reign of Catherine II, Paul I and Alexander I. Russian literature becomes one of the important means of asserting society of new ideas - ideas of citizenship, but citizenship based on respect for the individual the principle of «common good». G.R. Derzhavin, in the spirit of European literary-political mentality of the Enlightenment, namely the word, and not merely the fact, tried to fix the existing system, and kings, and public morality.
RUDN Journal of Law. 2014;(4):84-89
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Reforming the electoral law in the Russian Federation
Ezhevski D.O.
Abstract
In this paper, the author analyzes the recent changes in the electoral law of modern Russia and some unsolved problems still persist , for example in the field of judicial protection of electoral rights of citizens or the responsibility of deputies to the voters . On the basis of the study the author proposes a number of measures to harmonize the entire body of legislation on elections of deputies and administration responsibility to the electorate.
RUDN Journal of Law. 2014;(4):90-95
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Parliamentarism as the european political ideology: the constitutional legal aspects
Kucherenko P.A.
Abstract
In this article, the author analyzes the existence of parliamentarism in Europe throughout history. Examines the prospects for its existence and development. During the research the author gives examples of understanding of the term parliamentary by European scientific figures in the field of law.
RUDN Journal of Law. 2014;(4):96-101
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Legal system of the republican Spain
Alexeeva T.A.
Abstract
The article deals with the problem of establishment of legal system in Spain after the proclamation of the Republic in 1931. The Constitution adopted by the Constituent Assembly enshrines the national (domestic) character of the legal system. The author of the article notes various terms used in the Constitution to refer to the actual legal system of Spain: derecho positivo (positive law), ordenamiento jurídico (law and order) and ordenacíon jurídica (law and order), which were not identified with the term «Spanish law» (legislación española). It was new for the Spanish constitutionalism to include general rules of international law into the national legal system; in this case the example of the Constitution of the German Empire in 1919 was adapted. The Constituent Assembly did not include these rules in the system of Spanish legislation. The Constitution of the Republic, statutes of the autonomous regions, laws of the state and the laws of the regions, the acts of the President and the acts of the government mentioned in the text, were considered to be elements of system of Spanish legislation. International treaties concluded by Spain were also among them. Because of the influence of the constitutional experience of Soviet Russia it was declared a renunciation of secret treaties. The procedure for their conclusion had the following stages: preparation and signing of an international treaty by the President of the Republic, the approval by the Cortes, ratification by the President and the registration in the League of Nations. International treaties concluded in accordance with the Constitution, occupied a particular place in the hierarchy of the system of legislation: the Constituent Assembly provided for their supremacy over the laws, adopted in accordance with the Fundamental Law (Constitution). The second important feature of Spanish legal system, noticed in the article, is its correspondence with the territory organization of the republican Spain. It was defined by contemporaries as «the state of regional autonomy» (J. Lombardi). The decision to establish the autonomous region was to make out by the Statute, adopted on the initiative of the municipal Councils by a referendum (for a positive decision was required not less than two-thirds of the votes in the region). However, in order to give a legal effect to the Statute it was necessary to be adopted as a law of the state by the Cortes (parliament). Statute, adopted according to the Constitution, was considered to be the «basic law» (ley básica) of the Autonomous Region, fixing its political-administrative organization, was recognized and protected as «an integral part» of the legal system of the Spain. It is pointed out in the article that there were two types of basic laws in the republican Spain that prescribed the organization of public authorities: the Constitution - for the whole of Spain and statutes - for autonomous regions. The latter must be correspondent with the Constitution and organic laws. Division of powers in the field of legislation and application of laws was made by using subjects of regulation as criterion. However, this activity could be carried out only in accordance with its Statute, which also had to provide for the legislative process. The author gives examples of the implementation of these provisions in Catalonia after the adoption of its Statute. Despite the marked tendency towards centralization the distribution of legislative powers between the state and its administrative units was an important innovation, which attracted the attention of contemporaries. Republican basis of the legal system is identified with the direct participation of the people in the law-making process by the people's legislative initiative and the possibility to adopt laws by referendum, as well as to adopt Statutes of the regions by their electors. People`s participation was carried out also by representative bodies: the Cortes, president, government.
RUDN Journal of Law. 2014;(4):102-115
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Features of the constitutional and legal regulation of relations between the state and religious communities in the Americas in the island countries (Antigua and Barbuda, Barbados, Guyana, Dominica, Grenada)
Volodina N.V.
Abstract
The peculiarities of relations between the state and religious associations, the constitutional principles of the secular state and freedom of conscience in the island countries such as Antigua and Barbuda, Barbados, Guyana, Dominica, Grenada, which is considered one of the main non-discrimination on grounds of religion. It is noted that, despite the proclaimed independence from Great Britain, still these states there are directly dependent on the country, as they have, as stated in the Constitution shall be island states, operates Westminster model of the organization of political power, where the head of state is the British monarch represented by the Governor-General. Also concluded that a low conflict in these countries, due to the religious homogeneity, where the majority of the population adheres to Christian beliefs.
RUDN Journal of Law. 2014;(4):116-122
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Public relations as a factor in the formation of civil society in contemporary Russia
Rogacheva L.I.
Abstract
The article deals with the concept of public relations, analyzes their role in the development of modern Russian statehood. Particular attention is paid to the role of public relations in the formation of civil society. The author analyzes the trends in the development and improvement of public relations. The article emphasizes that, in the formation of civil society development of public-public cooperation should be limited to legal forms, by the strict improvement of the existing legislation in the political, economic and social spheres; insight into the role of the education system and modern communications systems. It is concluded that the state should conduct targeted legal policy aimed at the formation of a strong system of public relations as a pledge of successful democratic development of the country.
RUDN Journal of Law. 2014;(4):123-139
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Fluctuations in system of civil society
Grudtsyna L.Y., Lagutkin A.V.
Abstract
In article an attempt to define a place and information role in a difficult legal mechanism of formation and development of institutes of civil society taking into account application to this problem of cybernetic approach is made. The dual social and legal nature of a phenomenon of civil society in Russia consists that, on the one hand, it grows not «from below», and is formed «from above», at will of the state having opportunity to operate development of civil society by means of information, perceived by its institutes, on the other hand, civil society represents the difficult open social system which development qualitatively depends on development of elements making it. Dialectic possibility of such development is provided by information which elements of system exchange and which completely can't be controlled by the state.
RUDN Journal of Law. 2014;(4):130-140
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On the essence and nature of compulsory insurance
Margaskin P.B.
Abstract
In this article, and theoretically analyzed the essence, nature and the social conditions of compulsory insurance. On the basis of the identifying features of the Genesis of compulsory insurance, highlighted his features, principles, forms, scope and features.
RUDN Journal of Law. 2014;(4):141-148
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The state institution of obligatory life and health self-insurance of Tadjikistan Republic's Armed Forces in the science and practice of modern jurisprudence
Dodomatov S.I.
Abstract
Soldiers enjoy civil rights and freedoms with the constraints defined conditions of military service. According to the terms of service, they have additional rights, guarantees and compensations. Institute mandatory state personal life and health insurance members of the Armed Forces of the Republic of Tajikistan is an important element in the construction of the Armed Forces of the country in the implementation of measures for the maintenance of international and national security. The article defines the place of the institution in the modern system of law, set forth the views of scientists over the ownership of the institute of compulsory state insurance. Also, in this paper we give the concept and function are considered mandatory state personal insurance, disclosed the problems associated with the exercise of military insurance. In addition, the article discusses the future direction of development of the legislation of the Republic of Tajikistan in the field of public relations.
RUDN Journal of Law. 2014;(4):149-157
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Features of the ethical-legal and institutional regulation of biotechnology in France, Italy, Germany and Austria
Ponkin I.V., Ponkina A.A.
Abstract
The article is one of a series of articles on the importance and characteristics of bioethics in the modern world and its interaction with the law. The article investigates the ethical-legal and institutional regulation of biotechnology in France, Italy, Germany and Austria. The authors studied the peculiarities of the legal and institutional regulation of clinical trials, in the field of embryology, in the field of stem cell technologies, including the use of stem cells, and in the field of genetic engineering, cloning in humans and animals, in the field of organ transplantation. The author's definition of bioethics (as science) and bioethics (as a system of regulatory statutes (lex biomedica), defining a set of ethical imperatives and approaches in medicine and health care, pharmaceutical and pharmacology).
RUDN Journal of Law. 2014;(4):158-169
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Legal nature, special features and general description of sport legal relationships
Yurlov S.A.
Abstract
The article is devoted to sport legal relationships analyze. The author analyzes theoretical provisions on this issue, suggests his own concept. Sport legal relationship is one of the most important sports law categories. Sport is a complex system comprised of trains and competitions. Therefore, the main relationships are relationships connected with conducting trains and sport competitions. Sportsmen train in order to do their best in sport competitions, to show their athletic performance. In its turn, a sport competition is a system of interrelated proceedings. Thus, a sport competition consists of the following procedures: filing an application for a certain competition; conducting a mandate committee; competition; compiling the competition results. Legal relationships emerge on each stage of the competition. Thus, train and sport competition that are the two main sport elements form a great number of different legal relationships.
RUDN Journal of Law. 2014;(4):170-175
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Rendering the free legal aid to the population: problems and prospects
Kruter M.S.
Abstract
In article an attempt of an assessment of some results of realization of standards of the Federal law of November 21, 2011 № 324-FZ «About a free legal aid in the Russian Federation» is made. from a large number of civil and procedural affairs allocates administrative legal proceedings, that is the cases considered as hl. 25 GPK Russian Federation «affairs Production about contest of decisions, actions (inaction) of public authorities, local governments, the official, the civil and municipal servants». It is obvious that with complaints of this kind the needy citizens who don't have financial opportunity to receive from body of the public power service appeal to court, rendered in the form of legal or illegal commercial bribery generally. It must be kept in mind also that provides assignment of counsel as the defendant's representative which residence isn't known, and also in other cases provided by the federal law. In this case, help given by the lawyer is paid from the federal budget, and for the principal it is free.
RUDN Journal of Law. 2014;(4):176-181
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Legal regulation of status of labor migrants from Kazakhstan in the Russian empire of the XIXth century
Pochekaev R.Y.
Abstract
Article devoted to the legal regulation of labor activity of migrants from Kazakhstan in the Russian Empire of the 19th c. Author reviews the legislation on the status of labor migrants on the boundary regions of the Empire and Kazakhstan, discovers problems, connected with violation of this legislation and characterizes measures of fight against undocumented migration. It seems, that methods of legal regulation of labor migrants’ status used today were invented already during the imperial age.
RUDN Journal of Law. 2014;(4):182-189
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Problems of improvement of the civil legislation on the limited real rights in the sphere of land USE
Ivanova A.S.
Abstract
In article an attempt of identification of the directions of improvement of the civil legislation on the limited real rights in the sphere of land use is made. Granting by the law of possibility of establishment of the right of building of the land plot without instruction that for transfer of such right to other person the owner himself has to have the allowed use of the land plot belonging to it under building, i.e. have such rights is represented to the extremely wrong. Building has to be allowed for the land plot concerning which the right of building is established. Possible restrictions with the federal law of the rights of possession, use and the order with property, freedoms of business activity and freedom of contracts have to meet the requirements of justice, to be adequate, proportional, proportional, to have the general and abstract character, not to have retroactive force and not to affect a being of the granted constitutional rights, i.e. not to limit limits and application of the relevant constitutional standards; possibility of restrictions and their character have to be caused by need of protection constitutionally of significant values.
RUDN Journal of Law. 2014;(4):190-195
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Right to limited use of lands of traditional habitats
Dmitrochenko C.A., Khoshobina N.A.
Abstract
The article reveals the concept of «territories of traditional nature», shows the limited features of the legal status of land in this category. The main attention is paid to the peculiarities associated with the loss of territories of traditional nature use status of the specially protected natural territories.
RUDN Journal of Law. 2014;(4):196-200
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Liberalization of corporate law in France
Kirsanov A.N.
Abstract
The article is focused on question of reform of public and private company’s and the various problems that accompany the reform of civil law.
RUDN Journal of Law. 2014;(4):201-206
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Constitutionalization of criminal law in the sphere of human rights to life
Avdeev V.A., Avdeeva O.A.
Abstract
The article examines the current issues of the right to life through the use of rules of criminal law based on the Constitution of the Russian Federation, the generally recognized principles and norms of international law. Close attention is paid to the problems of skill kills, occupies a special place in the mechanism of legal regulation of crimes against life.
RUDN Journal of Law. 2014;(4):207-216
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Forgery by an official as a corruption-related crime in foreign law
Bukalerova L.A., Gnatik E.N., Pitikin R.A.
Abstract
Forgery by an official provided for in clause 292 of the Penal code of RF is a corruption-related crime. However measures of criminally legal counteraction to office forgeries significantly differ from the Russian legislation in acts of the international and foreign law. The article states an attempt to formulate offers to the domestic legislator for efficiency increase of the clause 292 of the Penal code of RF in counteraction to office forgeries on the basis of studying of provisions of the international and foreign law. Criminal law measures of some countries (like Austria, Azerbaijan, Belgium, Spain, Latvia, Belarus, Uzbekistan, Germany) in the forgery sphere differ significantly from the Russian legislation. For example, if the forgery committed socially dangerous authorized entities recognized in many foreign mills, in most advanced economies conduct relating to fraud are covered, as a rule, standards regarding the responsibility for the various types of fraud. The article attempts to explore the basis of the provisions of the foreign law to formulate proposals to the domestic legislator in order to improve the effectiveness of countering forgery.
RUDN Journal of Law. 2014;(4):217-230
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The theoretical bases of mistakes in procedural decisions
Gaprindashvili R.T.
Abstract
There are some problems of making procedure decisions are reviewed in the article, and the main root causes and background mistakes analyzed in it.
RUDN Journal of Law. 2014;(4):231-237
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The problem of the search for truth in criminal proceeding and pre-trial agreement on cooperation
Bertovsky L.V., Edilova P.V.
Abstract
The article touches upon the problems of the search for truth in criminal proceedings and pre-trial agreement. Particular attention is drawn to the fact that simplify the criminal proceedings had tried before, but it kept the principle of the mandatory establishment of objective truth in the course of the proceedings. Comparative analysis between the European continental and the Anglo-Saxon institutions "transactions of recognition." The article analyzes the views of supporters that depart from the principle of reflection. Based on the conducted research, the authors argue that the simplified procedure does not prohibit the search of truth, as evidenced by the actions of the judge on senior 316 and senior 317.7 the code. The judge objectively evaluates the actions of the defendant, which are listed in the pretrial agreement and has the right to take a case in a specific order in connection with pre-trial cooperation agreement, other than the sentence of a court decision. The idea is substantiated that the Russian criminal procedure puts at the forefront the establishment of all the true circumstances of the incident, and only after that the achievement of formal result and reduce the time and scope of the criminal process. The authors come to the conclusion that the Russian criminal procedure puts at the forefront the establishment of all the true circumstances of the incident, and only after that the achievement of formal result and reduce the time and scope of the criminal process.
RUDN Journal of Law. 2014;(4):238-252
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To the question of the subjects of international criminal responsibility
Nakashidze B.D.
Abstract
The article deals with the most important issues of responsibility for crimes under international criminal law with different aspects of state responsibility, legal entities and individuals identified particular responsibilities of data subjects, the question about the immunities and privileges that senior officials vested in accordance with international and national law, the practical examples of implementation of criminal liability in international law.
RUDN Journal of Law. 2014;(4):253-261
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The institute of the counteraction of the legalization of criminal proceeds in the science and practice of the contemporary international jurisprudence
Vodyanov A.V.
Abstract
The article is dedicated to the analysis of the crime of legalization of criminal proceeds as international conventional crime. Within the scope of the study the author has made a legal analysis of universal and regional conventions of international law covering both status of the legalization of criminal proceeds as a crime, prescribed by international conventions, and international cooperation against this type of transnational crime.
RUDN Journal of Law. 2014;(4):262-281
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Afghan's Model: Returning to the International Human Rights
Samsor Nadzhibula Khafizula -.
Abstract
Afghanistan faced with a serious problem of status of previously signed international agreements on human rights. This problem had been resolved by introduction of a declaration on confirmation of all previously signed agreements and by introduction of the Constitution of the Islamic Republic of Afghanistan. Also Afghanistan widely used UN's expierence for creating a national system of organisation on human rights. The Afghanistan's expierence has international value.
RUDN Journal of Law. 2014;(4):282-289
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International legal problems of transnational corporations’ responsibility for human rights violation
Klunya A.Y.
Abstract
The processes of globalization providing an impact on almost all aspects of modern society in the emergence of new threats and challenges facing humankind today, dictate the need for closer cooperation between all States in order to respect human rights and fundamental freedoms. The increase in the number of international relations subjects inevitably leads to the expansion of the scope of the international law regulation. Strengthening the economic dependence of the continuity of financial and trade flows is the result of radical changes in the status of transnational corporations. In these circumstances, the violation of human rights by transnational corporations inevitably leads to the need of international cooperation. This article is focused on the contemporary issues of the transnational corporations’ legal status, issues of human rights violation by transnational corporations in frames of the international responsibility institution development.
RUDN Journal of Law. 2014;(4):290-303
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Role of the un in the elaboration of international health standards
Gnatik E.A.
Abstract
The United Nations has a significant role in constructing and maintaining of the world order. In particular, the activities of the UN form the global trend towards unification of health policy. The main objective of this article is to analyze the contribution of the United Nations in the development of international standards in healthcare. These organs are the General Assembly, the Security Council the Economic and Social Council and the Office of the High Commissioner for Human Rights. Security Council is the principal organ responsible for maintaining international peace and security, but in their work it faced with the widest scale problem of the HIV/AIDS pandemic. The General Assembly and ECOSOC seek to achieve in their resolutions the Millennium Development Goals, which has been repeatedly emphasized in the workers and in official documents.
RUDN Journal of Law. 2014;(4):304-313
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Conceptual aspects, which have influenced on the enshrinement of the right to health in international law
Belousova A.A.
Abstract
The article attempts to determine whether it is possible to find a consensual foundation for the justification of the right to health, as a category of human rights established in International Law. The article focuses on the analysis of the theory of human rights, which is based on the public interest and serves as the conceptual basis of the right to health.
RUDN Journal of Law. 2014;(4):314-329
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Countering acts of misuse of civil aviation (international legal problems)
Luli R.
Abstract
The article considers the issue concerning the international legal problem of using armed forces to counter the threats posed by the misuse of civil aircrafts. The relevance of this problem is related to the emergence of a new global threat posed by terrorist organizations, which is expressed in the use of civil aircraft as a weapon to kill people and destroy objects on the territory of the States, in the exclusive economic zone and continental shelf. The proof of this are the events of 11 September 2001 in the United States related to the terrorist attack on American cities that led to the massive loss of life and destruction of expensive facilities. Confirmation of the possibility of the recurrence of such events is the adoption in 2010 of the Beijing Convention, which dispositions foresee such actions. This article proves the necessity of the adoption of the universal legal rules governing the actions of states to prevent and suppress acts of misuse of civil aircraft.
RUDN Journal of Law. 2014;(4):330-336
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Formation of Russian scientific international legal community in Berlin (20 years of XX century)
Starodubtsev G.S.
Abstract
The article analyzes the legal thought of the Russian emigration in Germany in the 20 years of XX century. It also deals with the publishing activities of the Russian emigration, investigates writings of Russian emigrants written in Russian in Berlin and traces life journey of some Russian lawyers.
RUDN Journal of Law. 2014;(4):337-346
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The elements of sistemic analysis of legislation on the issues of protection of minors’ rights in the activity of Russian state authorities (on the basis of analytical materials of the committee of the federation council of Russia on constitutional legislation and state reforms)
Fedorov M.V., Zinkovskiy S.B.
Abstract
The present scientific summary gives brief generalization of essential arguments provided by the Committee of the Federation Council of Russia on constitutional legislation and state reforms for the meetings and parliamentary hearings devoted to the topic “Issues on improvement of legislation on minors’ rights”. Special attention is given to the examples of systemic analysis of legislation in this area as one of the elements of scientific and methodical provision of legal regulation of issues of protection of minors’ rights.
RUDN Journal of Law. 2014;(4):347-353
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International principles and standards for the protection of honor and dignity of participants in criminal proceedings
Burenina O.V.
Abstract
In the article the international principles and standards for the protection of honor and dignity of participants in criminal proceedings considered opinion of Russian scientists on the role of the principle of «respect for the dignity of the person» in the criminal process. The principle of respect for human dignity, as well as other principles, originally appeared in the domestic legislation of different countries, and is currently the general principles of law recognized by the states - participants of international relations. Review rules as the Russian legislation, and other countries in the world devoted to the legal regulation of issues related to protection of honor and dignity of the criminal process. Analyzed more common, often repeated complaints of violations of the right not to be subjected to inhuman and degrading treatment received by the European Court of Human Rights.
RUDN Journal of Law. 2014;(4):354-363
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Supervision in sphere of protection of cultural heritage (monuments of history and culture)
Bessarabov V.G., Ashitkova T.V.
Abstract
The article examines the general theoretical aspects of Prosecutor’s supervision over fulfillment of the legislation about protection of cultural heritage (monuments of history and culture), defines its objects, subject, goals and objectives, the specifics of the implementation of state control, methods of conducting audits, identify violations of the law, prosecution of perpetrators, the application of measures of prosecutorial response. Also the аrtiсlе examines the state of law violations in the sphere of use of objects of cultural heritage (monuments of history and culture), suggests ways to improve the efficiency of Prosecutor' s supervision in this sphere. The conclusion that bodies of the Russian prosecutor's office promote protection of objects of cultural heritage not only by identification and suppression of illegal encroachments, implementation of rigid supervision of execution by bodies of the state control of the conferred powers, but also by means of carrying out the active legal work among the population aiming at increase of a sense of responsibility of citizens of Russia for preservation and enhancement of national cultural property is in summary drawn.
RUDN Journal of Law. 2014;(4):364-371
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To the question of the legal regulation of the activity on the information and telecommunication network Internet prospects
Galushkin A.A.
Abstract
In the article author analyze some features of the legal regulation of activity on the global information and telecommunication network - Internet. Author takes into the account specifics in general, and also some aspects of activity in some national segments of the global information and telecommunication network - Internet in particular. Author analyzes some features of addressing and males conclusions about features of the location of device/user of the global information and telecommunication network Internet determination for definition according to what legislation these or those actions of the user have to be estimated. Author pays attention on the consideration of the jurisdiction questions. In the course of research author gives opinions of the scientific, expert communities, public authorities representatives. On the basis of the conducted research author does offers and makes recommendations.
RUDN Journal of Law. 2014;(4):372-378
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On some aspects of necessity of scientific and methodical provision of legal regulation of issues of protection of minors’ rights
Fedorov M.V.
Abstract
The article is devoted to the justification of the wide use of scientific approaches within the legislative activity, particularly in the area of protection of minors’ rights. The article defines the scheme of Scientific and methodical provision of legal regulation in this area as well as the essential directions of its legal regulation.
RUDN Journal of Law. 2014;(4):379-389
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Sports law and order in Russia and abroad
Amirov I.M.
Abstract
The article sifts various approaches to the definition of the category «law and order», it gives some examples of branches of law. It proposes such kind of branch of law as sports law and order. For the first time the author considers the structure of sports law and order and its structural elements. He focuses on the following elements: 1) regulations of law, concerning sports relations. These regulations are in laws, by-laws and laws adopted by public sports organizations; 2) subjects (participants) of sports law and order. The article proposes to refer volunteers, inspectors and law enforcement agencies to traditional subjects of sports relations. The author stands for creating a special unit of the Internal Affairs agencies -sports police; 3) rights and obligations of subjects (participants) of sports law and order. The rights and obligations of separate subjects (participants) sports law and order, enshrined in law; 4) sense o justice and monitoring formation, functioning, improvement of sports law and order. Based on the works of leading experts in the field of sports law and order the author concludes that establishing limits of government interference in the sphere of sport and improvement of mechanisms of interaction between state and community sports organizations are key factors. The article also provides a comparative analysis of individual elements of sports law in Russia and abroad.
RUDN Journal of Law. 2014;(4):390-399
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Judicial support of combating terrorism in India
Yakovlev A.Y., Yakovlev P.Y.
Abstract
The paper examines the legal basis of combating terrorism in India. The authors began their study from the constitutional foundations of the security of the individual, society and state. Special attention is paid to covering the experts debates in the Constitutional Assembly on the measure of the validity of the infringement of personal liberties in the interests of National security. Also the authors area of research was the problem of the dividing of powers in the designated area between the center and the provinces (States and Union territories). The authors are quite fundamentally analyzed all strata of Indian anti-terrorism legislation. In the research work disassembled the main stages of anti-terrorism legislation development and the basic normative legal acts. Didn’t escape from the authors attention the mechanisms used by the Indian authorities to combat terrorism. In particular, the prohibition (the legal prohibition of activities) individual public organizations and political parties through the recognition of their as a terrorist structures.
RUDN Journal of Law. 2014;(4):400-409
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Prospects of development of legal regulation of administrative responsibility on the level of Federal subjects of the Russian Federation
Ageev A.A.
Abstract
Readers are presented with copyrights arguments on the relevance of the legislation of the Subjects of the Russian Federation on administrative responsibility in today's complex operating conditions of the domestic economy. The article describes the main factors preventing the active improvement of the legal regulation of administrative responsibility at the regional level.
RUDN Journal of Law. 2014;(4):410-414
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North caucasus as a geopolitical and geostrategic actual site
Sokurov S.N.
Abstract
The article investigates the strategic importance of the North Caucasus as the transport infrastructure-service cluster. The features of the geographical location of the North Caucasus, transforming this region into an important geostrategic and geopolitical multimodal infrastructure-communication macro-Centre with unique integration properties of a bridge between Europe and Asia, between Russia and the Middle East. The North Caucasus has a strong potential to ensure communication between the two Eurasian expressive developing world centers of trade and other business activity - Europe and Asia. The article investigates the basic international transport corridors, actually or potentially passing on North Caucasian Federal District. The article shows the importance of the international transport corridor «North - South». The article explores and shows the key priorities (projected and expected) elements of the policy of the Russian Federation in the field of transport infrastructure development of the North Caucasus Federal District, as well as directions and a set of tools of the strategic development of the transport infrastructure of the North Caucasus Federal District.
RUDN Journal of Law. 2014;(4):415-422
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Modern trends in the legal regulation of the use of educational technology in the educational systems
Gribov P.G., Tishchenko T.A.
Abstract
This article is devoted to disclosure of some aspects of modern education. The analysis of educational systems and technologies is carried out, sources and tendencies are opened. The special attention is paid to studying of the main lines of the student using these technologies and also social aspects in general are considered. In the conclusion, we will note that the successful project in the sphere of educational technologies can turn out when solves not only the main objective. Similar systems can be used, including, for collective discussion on application of acts. A characteristic example is the bank environment where in the sphere of the currency legislation, there are regular changes, especially when there are comments or letters from the Central Bank of Russia. Similar systems can inform in due time workers on changes and organize collective discussion of innovations, thereby increasing overall performance.
RUDN Journal of Law. 2014;(4):423-429
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Conceptual framework and principles of state management of the economy in the Russian Federation
Chepurnov A.A.
Abstract
The article discusses the state management of the economy in Russia today, analyzes the problems of administrative reform in the economic sphere, reveals the constitutional foundations and principles of state regulation of economic relations, substantiates the need for the concept of development and state management of the economy on the basis of the established constitutional values and principles that form the basis of the constitutional system in Russia. According to the author, along with the target value systems in the concept of economic development and governance should be defined basis for state regulation and the principles of state management of the economy. A system of such principles, including principles: democracy, separation of powers, the priority of the rights and freedoms of man and citizen interests of the people and their welfare, state sovereignty, federalism, autonomy of local government, free enterprise, the common economic space, recognition and equal state protection of all forms of ownership, warranty of state protection of the rights and freedoms of man and citizen in the economic sphere.
RUDN Journal of Law. 2014;(4):430-439
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Analysis of the legal bases of the state corporation «Rostec» and its personnel policy
Areshkin A.S.
Abstract
In the present article, the author analyzes in detail all the normative-legal acts that connected with the State Corporation «Rostec «. Also this article explores the distinctive features of the legal position. The author analyzed in detail personnel policy, which is guided by this organization.
RUDN Journal of Law. 2014;(4):440-446
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Example wich deserves imitation: review of the monograph by S.M.A. Mohammad «International regimes in international environmental governance» (M.: ADS Group, 2013. - 143 p.)
Boklan D.S.
Abstract
RUDN Journal of Law. 2014;(4):447-449
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Our authors
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Abstract
RUDN Journal of Law. 2014;(4):450-455
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