No 4 (2013)

Cover Page
Articles
Questions of state security in the political and legal doctrine: history and present
Iroshnikov D.V., Sangadzhieva K.V.
Abstract
In the article evolution of approaches to understanding of state security in the history of political and legal doctrines is investigated. Besides, the historical analysis of the main approaches to understanding of state security and its providing in Russia is carried out. The author paid special attention to a current state of the doctrine of state security of the Russian Federation.
RUDN Journal of Law. 2013;(4):7-15
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History of constitutional and legal development of the right to business activity in Russia
Pavlov E.A.
Abstract
This indicator serves as an accessor of the personality to spiritual and material benefits, mechanisms of the power, will, and at the same time it is an indispensable condition of improvement of the individual, consolidation of its status and independence. Human rights didn't arise artificially or by itself. They were created as a result of the numerous historical reasons, and these reasons arose from the ripened need of the person for free use of opportunities available for it: to work, think, speak, be engaged in creativity. Human rights arose not only thanks to available need of the person for realization of for the state, but also as a certain counterbalance to the state.
RUDN Journal of Law. 2013;(4):16-23
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Public administration: logic of scientific research and modernization strategy
Ohotskiy E.V.
Abstract
The article covers the retrospective analysis of scientific basics and efficient means with respect to the implementation of the most qualitative model of public administration in the context of modern environment.
RUDN Journal of Law. 2013;(4):24-43
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Development of constitutional and legal bases of public administration in system of the current legislation
Mironov A.L.
Abstract
Effective control and supervising forms of activity of public authorities give necessary dynamism to transformations occurring in the country, become one of decisive factors of deepening of real democratism, creation of the constitutional state and formation of civil society. Activities of authorized bodies of the power for implementation of the state control need comprehensive and careful standard regulation, formation of harmonous and clear system of the national legislation for what the state defines conditions, develop and create the corresponding legal guarantees and means, install legal mechanisms of implementation of the state control in all territory of the Russian Federation.
RUDN Journal of Law. 2013;(4):44-51
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Concept of e-government in the new model of public administration
Ponkin I.V.
Abstract
The article is devoted to the investigation of the concept of e-government. Identified strengths and weaknesses of the concept of e-government. Examined the existing scientific debate around the concept of e-government as one of the elements of a new model of public administration.
RUDN Journal of Law. 2013;(4):52-58
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Legal support of local self-government institutions of representative democracy: the features of municipal regulatory regime
Dzhagaryan N.V.
Abstract
The author’s substantiation of relatively independent legal regime of municipal regulation of public relations of representation, emerging in the system of local self-government, is carried out. On the basis of the analysis of the contemporary doctrine and application of various methods of research the main features of this legal regime are considered and formulated.
RUDN Journal of Law. 2013;(4):59-68
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The economic basis of local self-government and its impact on the territorial organization of municipal government
Korosteleva M.V.
Abstract
This paper considers a key trend of the territorial organization of local self-government at the present stage of the municipal reform associated with the consolidation of municipalities as a result of their association, and analyzes the impact of the economic basis of local self-government in the process.
RUDN Journal of Law. 2013;(4):69-78
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The evolution of institute of public events in Russia
Gagloev D.V.
Abstract
The article is devoted to the some actual problems of the origin, formation and evolution of public events in Russia at the different stage.
RUDN Journal of Law. 2013;(4):79-90
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Limited capacity of the normative-legal regulation of social relations: theory and practice
Subochev V.V.
Abstract
The article is devoted to the research of objectively existing limits of regulating potential of law. The dialectics of the interests of the individual, society and state is analyzed, ways of reflecting of different interests of public relations’ participants in law are investigated.
RUDN Journal of Law. 2013;(4):91-100
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Some theoretic — legal aspects of convergence of public and private norms of law
Kuznetsov M.N.
Abstract
The article is dedicated to investigation of devision of law in public and private systems. In the anthor’s view such devision is conditional and is useful only for educational purposes. The convergence proofs the uniform of tasks, functions and aims of law and the devision of law on systems and brunches are purely nominal.
RUDN Journal of Law. 2013;(4):101-110
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Particular qualities of law enforcement functions of prosecution under current conditions
Kurtser K.M.
Abstract
The article discusses the features of the law enforcement functions of the Prosecutor's Office. Shows its close relationship with the human rights function. Disclosed the value of law-enforcement function for the innovative development of the Russian economy. Formulated conclusions about the specific law enforcement functions of prosecution at this stage.
RUDN Journal of Law. 2013;(4):111-116
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How to apply the basic principles of civil legislation in judicial practice?
Ryzhenkov A.Y.
Abstract
The mechanism of realization of principles of Russian civil law in court practice is examined in the article. The main ways of applying the basic principles of the civil legislation are described, the model of «analogy of law» enshrined in the Civil code is criticized.
RUDN Journal of Law. 2013;(4):117-124
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Current issues of legal status of foreigner citizens in the Russian Federation
Galushkin A.A., Kasa I.
Abstract
In the above article current issues of the legal status of foreign citizens in Russia at the present stage are discussed, also practice and field problems are researched. Authors present personal ideas on problems solutions
RUDN Journal of Law. 2013;(4):125-133
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The features of legal support, realization and protection of intellectual property rights in the field of sport
Kouznetsova A.M.
Abstract
The article investigates the features of legal support, realization and protection of intellectual property rights in the field of sport.
RUDN Journal of Law. 2013;(4):134-141
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Legal protection of copyright when writing the dissertations work for the degree and Ph.D
Tishshenko T.A.
Abstract
The author assesses the innovations in the field of copyright protection are considered organizational and legal aspects of the protection of copyright in writing of the thesis for the degree of candidate and doctoral degrees.
RUDN Journal of Law. 2013;(4):142-148
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The master’s power of employer and disciplinary power of employer: interrelation of terms
Valetskaya O.V.
Abstract
The institute of labor discipline is one of the main institutes of the labor law, because productive labor is provided by necessarily of conscientious realization of labor duties, following standards of behavior of employer and employee. In the modern science and law practice for the designation of the employer’s power in the labor disciplinary sphere such terms, as «master’s power of employer» and «disciplinary power of employer» are used. The aim of the article is the determination of the unified term, based on the comparing analyzing (etymological, historical, legal) of these two terms.
RUDN Journal of Law. 2013;(4):149-157
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Legal cultures and legal systems in comparative researches
Muromtsev G.I.
Abstract
The article is devoted to the following methodological problems of comparative studies of legal systems and legal cultures: subject and object of such studies, correlation of the concepts “legal system” and “legal culture”, methodology of comparison, method of lack-in-comparison etc. The author also gives prove to the cultural-historic approach in such studies.
RUDN Journal of Law. 2013;(4):158-165
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Comparative legal studies and legal culture typology
Nemytina M.V.
Abstract
The author examines the methodological problems of comparative legal studies, focusing on the possibilities of the use socio-cultural approach and legal culture typology.
RUDN Journal of Law. 2013;(4):166-173
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The interaction of legal cultures in the historical process
Sokolskaya L.V.
Abstract
The author of this article substantiates the view that the historical process is a multi-process interaction of cultures of different societies which results in the development and formation of legal cultures.
RUDN Journal of Law. 2013;(4):174-181
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Constitutionalism: comparative legal analysis
Fedorov M.V.
Abstract
The author examines the problems of comparative analysis of the constitutionalism.
RUDN Journal of Law. 2013;(4):182-195
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Socio-cultural legal space of Russia
Nesterenko L.S.
Abstract
The article is devoted to the investigation of the legal space of Russia, as well as its socio-cultural features.
RUDN Journal of Law. 2013;(4):196-203
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Features in the development of the legal system of Scotland
Grafschonkina A.A.
Abstract
The article is devoted to the history of the legal system of Scotland, the factors that affected the national identity. The article contains an example of a document that describes its national sovereignty, religious aspects that influenced its self-determination as the nation.
RUDN Journal of Law. 2013;(4):204-211
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The main direction of the refinancing of the global financial system
Belov V.A.
Abstract
The article is dedicated to the events of the refinancing of the financial system , which in times of crisis has significantly changed. It's necessary to create a mega-regulator and strengthen banking control at the national level . However, the uneven development of countries and the financial interests of multinational companies won't allow to complete the reorganization of the IMF and the World Bank.
RUDN Journal of Law. 2013;(4):211-215
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Transfer of copyright for works in accordance with the copyright law of France at XVIII–XIX centuries
Semivolkova 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;(4):216-221
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The present stage of development of freedom of contract in the Brazilian law of contracts
Costa Lasota Lucas Augusto -.
Abstract
The paper analyzes the evolution of the principle of freedom of contract in the Brazilian Contract Law. Freedom of contract is not absolute, but only prima facie in coordination with the other principles, especially the social function of the contract and the good faith. We also consider the composition of the elements that compound the modern paradigm for the Brazilian Contract Law.
RUDN Journal of Law. 2013;(4):222-228
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Internal documents of corporations as a source of the legal regulation of internal corporate relations in Russia and Azerbaijan
Ifraimov V.Y.
Abstract
Relationships developed in the different corporations, to a greater extent governed by its internal documents. Internal documents of corporations shall be based on the law and other legal acts are adopted by the corporation and shall apply to all subjects of internal corporate relations. In this article, the author conducts a comparative legal study of the provisions of internal corporate documents in Russia and Azerbaijan.
RUDN Journal of Law. 2013;(4):229-241
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Ensuring the rights of the accused in custody
Bakhromov I.A.
Abstract
The article deals with ensuring the rights of the accused in the application against him of the custody in criminal process of Tajikistan and Russia. A special attention is paid to the problemof the provisions of the law regarding the compliance with the detention periods.
RUDN Journal of Law. 2013;(4):242-249
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Questions of standardization of the rules of law regulating activity of enterprise corporations in the USA
Weizman J.E.
Abstract
The right of the USA doesn't contain legal definition of the legal entity (corporation), establishing only its main signs. The main thing from them is independence of existence of the legal entity and his participants, allowing it to enter on its own behalf in civillegal relations, both with the third parties, and with participants. Independent existence of the legal entity assumes existence at it a certain organizational structure and the isolated property, and also its ability to act as the claimant or the respondent and to bear independent property responsibility. Work on standardization of the legal acts concerning enterprise corporations in the USA is caused by a divergence, and also the arisen difficulties for the interstate communication, resulting from distinctions in legal systems of states in this sphere. As large corporations in the USA conduct the business activity in the territory of different states, extending it to all federation, they are interested in streamlining and unification of norms of the enterprise right.
RUDN Journal of Law. 2013;(4):250-256
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International Responsibility of States and the Questions of Countermeasures
Mohsen Matour -.
Abstract
The Analyze of the following key questions dealing with International responsibility of states and the status of countermeasures in this article is the main connotation, such as: exceptions to the citation of countermeasure and termination of treaty, plurality of damaged government, plurality of responsive government, citation by non-damaged governments, responsibility resulted from violation of ergaomnes, appealing UN Mechanisms, countermeasures and execution guarantee in international law system, commitments resulted from international treaties, status of coordination and relationship between countermeasure and termination of treaty as a result of principal violation of the treaty, citation right of countermeasure and termination of treaty for misfeasor government, governments with citation rights of countermeasure and termination of treaty as a result of principal violation, time realm of countermeasure and termination of treaty as a result of principal violation, status of suitability principle in the citation of countermeasure and termination of treaty, citing international responsibility of government.
RUDN Journal of Law. 2013;(4):257-267
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The second Universal Periodic Review of the Russian Federation
Abashidze A.K., Adu Y.N.
Abstract
The article analyses the fulfilling of the second Universal periodic Review by the Russian Federation as an international obligation. It expresses also the achievements in the ground of human rights protection by Russian Federation and the claims from the international community to Russia.
RUDN Journal of Law. 2013;(4):268-272
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Nationalization or other forms of forced withdrawal of foreign ownership: international legal description
Danelyan A.A.
Abstract
The article is devoted to the issuesof force devictions in the form of nationalization, expropriation, requisition, confiscation, etc. We study the existing doctrine in international law and State practice approaches to these institutions, as well as a comparative analysis of the seforms of deprivation of property.
RUDN Journal of Law. 2013;(4):273-280
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The genesis of the international legal protection of the environment in Africa
Diomande Dro Hyacinthe -.
Abstract
The article deals with the genesis of the international legal protection of the environment in Africa. The article examines the activities of the regional inter-governmental organizations (OAU and the African Union), as well as bodies (AMCEN) and the NEPAD program to maintain environmental security in Africa in the XX century and in the beginning of the XXI century. The author made conclusion about the need to strengthen joint action by all regional actors in order to strengthen the protection of the environment in Africa.
RUDN Journal of Law. 2013;(4):281-292
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Right to information: modern approach in international law
Zabara I.M.
Abstract
Article deals with the contents of the concept of right to information. The author examines the doctrinal views on the content of right to information. The author examines a modern interpretation of the right to information.
RUDN Journal of Law. 2013;(4):293-301
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How the UN governing function in the field of environmental protection has been formed
Kopylov M.N., Kopylov S.M., Mohammad S.A.
Abstract
The article is the first attempt in the Russian science of the international environmental law to analyze the results of the first UN Conference on Environment Protection issues — The 1949 UN Conference on the Conservation and Utilization of Resources. A parallel is drawn between the goals and objectives of these Conference and those environmental problems that are in the focus of the international community at present time. The influence of the 1949 Conference on the 1972 Conference on the Human Environment is traced.
RUDN Journal of Law. 2013;(4):302-308
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«Unification» of Bessarabia with Romania in the light of international law
Burian A.D., Nazaria S.M.
Abstract
The article considers the international legal problems of unification between Bessarabia and Romania under Romanian military occupation in 1918.
RUDN Journal of Law. 2013;(4):309-316
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University networking in training for public service intepreting and translating: present and future
Carmen Valero-Garcés -., Atabekova A.A.
Abstract
The article highlights the social demand for public service interpreters and translators, studies key methodological and administrative aspects that are to be discussed when launching the university-based network of masters' programs on Public Service Interpreting and Translation (PSIT). The University of Alcalá de Henares(Madrid, Spain) and the Peoples' Friendship University of Russia (Moscow, Russian Federation) are taken as examples to share the experience.
RUDN Journal of Law. 2013;(4):317-325
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Teaching the English language communication in human rights activities
Emelyanova T.V.
Abstract
The paper touches upon the subject of teaching law-students of non-linguistic Universities English for special purposes (ESP), in particular, professional communication in the field of human rights activities. Brief review of human rights practices is given here. Analysis of English terminological set expressions, accentuating membership of some definite international organizations and bodies, legal instances specificity, and some innovative nature inherent to these legislative institutions is made. Teaching law-students make good use of adequate terminology in the English language communication in the field of human rights activities is crucial for a present-day ESP-teacher of non-linguistic Universities.
RUDN Journal of Law. 2013;(4):326-331
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Professionalization of Court interpreting
Vasilenko L.Y.
Abstract
The article focuses on identification and examining the factors that allow to consider court interpreting as an independent profession. The article also highlights the specificity of court interpreting as a professional activity in legal settings.
RUDN Journal of Law. 2013;(4):332-336
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Course of further training of law faculty academic teaching staff «Realization of master’s programmes in English»
Stepanova V.V., Emelyanova T.V.
Abstract
The article is focused on the issues of developing and running the courses of further training of law faculty academic teaching staff in Peoples’ Friendship University of Russia “Realization of Master’s Programmes in English”. The authors highlight the relevance and great current interest of the course, suggest analysis of its structure and practical realization and outline further steps for its development.
RUDN Journal of Law. 2013;(4):337-341
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Book Reviews Comprehensive monography on current Africans problems. Tatarintsev’ V.M. «Africa: the present and the future» (Moscow: Vostochnaya kniga, 2012. — Pp. 391)
Solntsev A.M., Keburia K.O.
Abstract
RUDN Journal of Law. 2013;(4):342-345
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Our authors
- -.
Abstract
RUDN Journal of Law. 2013;(4):346-350
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