No 3 (2009)

Cover Page
Articles
The social state's problems in the constitutional construction
Nikonov A.S.
Abstract
This article is dedicated to the features of a lawful state and the problems of social constitutional lawmaking. The special attention is given to the analysis of the domestic and foreign researcher's positions in the questions of a place and a role of the state and the limits of the civil society's freedom.
RUDN Journal of Law. 2009;(3):5-9
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The place of the financial monitoring in the financial law
Proshunin M.M.
Abstract
This article is devoted to the place of financial monitoring (anti money laundering regulations) in the system of the financial law. The article describes authorities, which are in charge of AML supervision, main AML procedures. The author considers the financial monitoring as a sort of the state financial control system as well as internal control system for legal entities, which are in charge of monitoring of suspicious transactions.
RUDN Journal of Law. 2009;(3):10-18
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Financial monitoring and corruption: legal correlation
Batyaeva А.R., Matushkin A.V., Proshunin M.M.
Abstract
This article is devoted to necessity to consider the counteraction of corruption as one of the object of the financial monitoring. The author proposes some practical recommendations how to realise it in the applicable Russian legislation. The article describes the foreign experience of corruption counteraction within anti money laundering and terrorist financing measures.
RUDN Journal of Law. 2009;(3):19-27
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The juridical construction of an official dispute
Linetskiy S.V.
Abstract
This article discusses the challenges of the new Russian law for the notion of «service dispute». The author notes a number of shortcomings of domestic legislation regulating relations in the civil service, and finds the need to build sustainable conceptual apparatus of the theory of a service dispute. The main challenge in developing such a theory is called the problem of building an adequate juridical construction of a service dispute. Based on an analysis of the formation of common juridical construction as the ideal model of legal relationship author develops an original juridical construction of the legal service dispute. The central elements of the proposed construction - the subject, the parties and the grounds of official dispute - are analyzed.
RUDN Journal of Law. 2009;(3):28-36
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Harmonization problems of the Russian Federation legislation and OECD in corporate regulation
Inshakova А.O.
Abstract
Considering globalization process in the world economy, on the one hand, and the growth of regional and economic integrational intergovernmental unions, on the other hand, as two basic tendencies in modern economic development, the author studies formation of legal issues in corporate relations and corporate governance by means of different standards worked out by international organizations of special competence.
RUDN Journal of Law. 2009;(3):37-49
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Constitutional - juridical regulation of rights, freedoms and obligations of man and citizen
Boboev A.K.
Abstract
Fastening and protection of the rights, freedom and a duty of the person in the Republic of Tajikistan legislation is represented it's the most important function which degree of realization mentions each inhabitant of the country. In our opinion, without having received accurate representation about a measure of the rights, freedom and the duties, any person cannot feel the full member of a civil, democratic society so, and to live by rules of this society.
RUDN Journal of Law. 2009;(3):50-63
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The coordination of interests of the country-recipient and workers-migrants
Alibekova Z.R.
Abstract
The contribution is devoted actual problems of external labour migration in the Russian Federation. The author construction of system of necessary conditions for the optimum coordination of interests of the country-recipient and workers-migrants is offered. Also actual problems of a migratory policy are considered, blanks in the legislation of two countries concerning labour migration are opened.
RUDN Journal of Law. 2009;(3):64-69
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The fair-use of copyright objects, protected by technological protection measures, in the U.S. legislation
Krivosheev A.V.
Abstract
The provisions of technological protection measures in the United States of America are analysed with regard to the fair-use doctrine of the copyright objects. The classes of works indicated in the list of Secretary of Congress (as non-infringing uses of copyright objects) and exemptions of the general ban on circumvention and trafficking of technological protection measures are listed.
RUDN Journal of Law. 2009;(3):70-78
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History of becoming and development of consular service
Torshina O.M.
Abstract
The article is devoted to some key historical moments of development of consular service and consular law trends. Over time, the range of issues within the competence of consular institutions has been steadily expanding, and their functions have increasingly become more and more comprehensive. Over the last years, changes of the character and content of international relations have been invariably impacting consular relations between states, correcting modern consular law and its principles.
RUDN Journal of Law. 2009;(3):79-88
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The history of formation and development of the international criminal law
Eliseev R.А.
Abstract
The article shows a resolutive role of the interstate extraditional law and the international military criminal law in formation and development of the international criminal law.
RUDN Journal of Law. 2009;(3):89-104
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On the issue of the legal definition of the concept of «international terrorism»
Plotnikov А.V.
Abstract
International terrorism is one of the forms of international crimes; it represents a global problem of the mankind which decision is possible only through joint efforts of the entire world community. The absence of a generally accepted legal definition of the term «international terrorism creates certain problems in combating this evil of the present. This article attempts to determine the scope of basic components, which should be included in the concept of «international terrorism».
RUDN Journal of Law. 2009;(3):105-117
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About some problems of formation of international legal regulation on embryonic stem cells transplant
Guseynov T.R.
Abstract
The article is devoted to the investigation of some problems, connected with the formation of international legal regulation on embryonic stem cells transplant. The investigation is conducted through the consideration of important problems of legal regulation in the realm of regenerative cell processes, occurring during the removal of embryonic stem cells. The comparative ethical legal analysis enabled the author to suggest the wording of the legal status of an embryo.
RUDN Journal of Law. 2009;(3):118-124
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