No 3 (2014)

Cover Page
Articles
Legal reforms in Russia: anthropological analysis
Ignatieva M.V.
Abstract
The article is devoted to anthropological analysis of contemporary ongoing legal reform in the Russian Federation. Improving the lives of the majority of members of society is regarded as a criterion for the effectiveness of legal reform. The article explains the importance of pre-revolutionary research in anthropology right for modern analysis of legal reforms in the Russian Federation. Displaying anthropological cutoff value held in Russia transformations in terms of maintaining a multiethnic state. Anthropological analysis of the legal reform in the Russian Federation are in perspective the implementation of the principle of separation of powers and checks and balances, democratic political regime, the proclamation of human rights and its highest value, the implementation of indigenous peoples’ rights, the recognition of legal custom source of law. The article shows the relationship of law reform and judicial reform.
RUDN Journal of Law. 2014;(3):7-12
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Law enforcement and law-making aspects of justice
Kornev A.V.
Abstract
The author traces the evolution of the concept of «justice» of the Soviet legal science to modern Russian. The article justice considered as a function judicial authority, which combines elements of law enforcement and law-making. The author criticizes traditional concept of justice as exclusively law enforcement activity of a court within frameworks of legislation. The author shows that an inevitable element of justice is the concretization of legislation on the basis of judicial discretion. The interpretation of legislation by courts can acquire normative character if it is supported by high courts. The author’s theoretical conclusions are based upon the judicial practice.
RUDN Journal of Law. 2014;(3):13-23
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To the question of ensuring protection of the state secret at the international cooperation
Galushkin A.A., Majstrovich E.V., Zhukovets A.S.
Abstract
In the present article questions of information support of the international cooperation of the Russian Federation with the foreign states with use of the data which are the state secret are considered. The special attention is paid to the organization of transfer of the data which are the state secret, ensuring protection of the state secret at reception of foreign delegations, to departure out of borders of the Russian Federation of the citizens familiar with data, being the state secret.
RUDN Journal of Law. 2014;(3):24-29
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Problems and prospects of the improvement of law enforcement in the sphere of counteraction to extremism
Borisov S.V.
Abstract
In this article author consider questions of counteraction to extremist activity in Russian at the present stage. Actual data on organization and conducting actions for counteraction and prevention of extremist activity are provided, statistical data, including dynamics of the number of registered crimes of the extremist orientation and revealed persons is given. Author pay special attention to the Strategy of national security in connection to the tendencies of modern society at distribution of extremism in the world, present analyzes data and opinions of scientists jurists. As a result of carried-out system analysis of the circumstances and nature of crime commission of the extremist orientation in Russia for the last years was the development of specific scientifically reasonable proposals on further improvement of law-enforcement actions in the considered in the present article sphere.
RUDN Journal of Law. 2014;(3):30-41
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To the question of cyberespionage and cybercounterintelligence at the present stage
Galushkin A.A.
Abstract
In the present article the author analyzes the threat of cyberespionage caused by a wide circulation of information technologies, analyzes possible methods counteraction.
RUDN Journal of Law. 2014;(3):42-45
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Causes and methods of overcoming of the contradictions in law positivistic views (legism and sociology)
Akhmetzhanova K.V.
Abstract
The article describes the history of occurrence of positivism as a scientific course, its main ideas, the nature of the positivist school, as well as the problem of the causes and ways to overcome collisions in the law in modern legal literature, mainly from the perspective of the positivist understanding of law. Observed synthesis legistic and sociological approaches to the law on this subject. In the given work achievements of domestic authoritative scientists on the subject are shown. According to the research, the author concludes that the legistical approach to the collisions in law can not provide answers to many topical issues. To conduct the most comprehensive and in-depth analysis, it is necessary to consider the problem of the causes and ways to overcome legal collisions from the point of view of a sociological understanding of law.
RUDN Journal of Law. 2014;(3):46-56
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Constitutional-legal value of the guarantees of protection of religious secrets at the complex of constitutional guarantees of freedom of religion
Andreev K.M.
Abstract
The article investigates the constitutional-legal and other regulatory guarantees of recognition, protection and defense of religious secret. The author considers the consolidation of religious secrets (in particular - the secrecy of confession) at the legislative level in the law of different states. Author is considering different points of view of the legal practitioners on the question of incurring certain legal responsibilities of priests to preserve, confidential information, that has been told to them. It’s given the author ‘s definition of «religious secret» based on the author’s two-pronged concept of interpretation of the term (as the information and also as the regulatory regime) and the classification of types of religious secret.
RUDN Journal of Law. 2014;(3):57-63
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Direct application of the rules of civil procedural law in the notarial production to secure evidence
Begichev A.V.
Abstract
This article discusses issues relating to the direct application of the rules of civil procedure law notary in production to secure evidence. The author analyzes and compares regulations Fundamentals of Legislation on Notaries with the rules of the CPC RF and APC RF, it is noted that the procedure to ensure that evidence is quite complex and involves almost all the preliminary stages of civil and arbitration processes. Based on this study the author concludes that the use of a notary of procedural legislation promotes better settle the dispute and reduces the potential costs of the court, the parties and stakeholders, therefore, unappreciated, until recently, the institution should make greater use of notaries in matters providing evidence that will optimize civil proceedings.
RUDN Journal of Law. 2014;(3):64-72
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The main problem of the Russian company’s law reform
Kirsanov A.N.
Abstract
The article is focused on analyzes the main problems of the Russian company law and propose optimal solutions.
RUDN Journal of Law. 2014;(3):73-81
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Insolvency (bankruptcy) of a natural person according to the Russian law: need for comparative law research
Korshunov I.S.
Abstract
The author analyzes the key steps of improving the legislation on insolvency (bankruptcy) of citizens who are not individual entrepreneurs in Russia since 2009. This article contemplate the plan of action of the anti-crisis measures of the Government of the Russian Federation for 2009 dated 19.06.2009 № 2802p-P13, the disposal of the Government of the Russian Federation of 03.07.2012, № 1162-p, by which it was submitted to the State Duma draft of the Federal Law «On Amending the Federal law» on Insolvency (Bankruptcy)». The question of the need for appropriate comparative legal studies is considered. After analyzing the existing legal researches in this field, the author comes to the conclusion that there is a lack of fundamental scientific works considering actual problem of improving the legislation on bankruptcy of individuals in the Russian Federation at the current stage.
RUDN Journal of Law. 2014;(3):82-87
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The essence and content of the penalty in the form of restriction of liberty
Manna A.A., Shiralizade E.S.
Abstract
The author reveals required conditions of efficiency of the state’s criminal policy. Article is considering the criminalization of new and newly emerging socially dangerous manifestations. This article describes two periods of punishment - limitation of freedom (the first period begins with the date of entry of the Penal Code in effect, that is, from January 1, 1997 and lasts until its amendment by the Federal Law of 27 December 2009 № 377 FZ, and the second period shall be counted from the date of entry into effect of the Federal Law of 27 December 2009 N 377-FZ, ie January 10, 2010), its essence and content, as well as some theoretical and practical aspects of the problem of the effectiveness of criminal penalties.
RUDN Journal of Law. 2014;(3):88-94
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The development and current state of the legal norms for comparative advertising in Russia
Ermakova I.V.
Abstract
This article analyses the history and current state of the legal norms for Comparative Advertising in the Russian Federation since 1991. In this article raises the issue of the need of reforming the legislation in this area.The author gives a brief description of the statutory regulation for this kind of advertising at present with focus on a rather vaguely formulated prohibition against inappropriate comparison of goods in the federal law «On Advertising». At the end, the article offers a brief author’s conclusions and proposals for reforming Russian Federal Law «On Advertising» and the development of special norm on advertising, containing a comparison of the advertised goods with goods of competitors.
RUDN Journal of Law. 2014;(3):95-101
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High-tech materials such as intellectual property in the field of intercountry innovative cooperation between Russia and the U.S.: the legal status of authors and investors
Inshakova A.O., Ryzhenkov A.Y.
Abstract
The article investigates the legal protection of a national intellectual property abroad, which the authors believe are the most important components of the product and process innovations. In the context of a general analysis of accounting, security and protection of intellectual property in Russia, both within the country and outside it is considered a problem that requires careful attention to the legislative regulation of the development and improvement of equipment, devices for various applications, technologies and materials, including nonmaterial. The complexity and financial costs on patenting procedure Russian developments abroad and their lack of patent protection on the territory of the developed countries, which ultimately leads to the impossibility of export of domestic technologies, are consideredof the developed countries, which ultimately leads to the impossibility of export of domestic technologies.
RUDN Journal of Law. 2014;(3):102-111
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Constitutional regulation of restrictions on rights and freedoms of man and citizen in the conditions of emergency mode in the national legal systems
Podmarev A.A.
Abstract
The author analyzes the nature of the mode life activity of the state, which are provided by the national constitutions of most countries, sharing modes for normal (regular) and extraordinary (special, extraordinary). The article presents a comparative analysis of the constitutional regulation of restrictions on rights and freedoms of man and citizen in a variety of emergency regimes. The author, after analyzing the constitutional and legal acts of many foreign countries, emphasizes the common emergency modes (a state of emergency, martial law, martial law, an exclusive position, the state of war, and others.). Also, having analyzed the current Constitution, the author identifies five options (models, methods, concepts) of the constitutional regulation of restrictions on rights and freedoms of man and citizen in an emergency mode. Attention is drawn to the fact that the restriction of the rights and freedoms of the individual in an emergency mode differ from the limitations of the rights and freedoms of operating in a stable, normal legal order.
RUDN Journal of Law. 2014;(3):112-120
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House of Lords in the UK state system in the XIX century: «the doctrine of Salisbury»
Tomsinov V.A.
Abstract
The article is devoted to the evolution of the state system of the United Kingdom. The author highlights that the construction of the UK state system, established by the beginning of the XIX century, gave to the House of Lords conservative, stabilizing role. It was intended, on the one hand, to limit the arbitrary actions of the king and the House of Commons and on the other - to mitigate the conflict between them, which could occur for one reason or another. The article traces changes during the XIX century while the House of Lords had constitutional status and its role in the legislative process of the United Kingdom, as reflected in the so-called «doctrine of Salisbury». This doctrine describes what happened during the XIX century, a change in the relations between the two chambers of the Parliament of Great Britain and as a result - developing of a new understanding of the role of House of Lords in the legislative process.
RUDN Journal of Law. 2014;(3):121-132
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Security measures and conditions of their applications under criminal law of Somalia
Abdikarim Ali Ahmed -.
Abstract
The article discusses security measures provided by the criminal code of the Federal Republic of Somalia. Analyzes the types of these measures, the basis and criteria for the use of, link to punishment. Draws attention to the peculiarities of application of security measures in Somalia. The author brings out the similarities and distinctions of the relevant measures and criteria for their application in Somalia and other countries (in Italy, Russia, Germany, etc). The article notes that in Somalia security measures established by law can be applied regardless of the fact of committing the crime, can replace criminal penalty or be used along with it. Also, the security measures that can be applied only to minors, for example, placing the person in the reformatory are considered. The author analyzes the use of safety measures in practice.
RUDN Journal of Law. 2014;(3):133-142
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Unfree labor in criminal law of Ukraine: does any prospects?
Ponomarenko Y.A.
Abstract
The author is giving a historical and legal analysis of kind of punishment as remedial work. In this work the author defines the place of correctional labor in the system of penalties in Ukraine, the persons to whom a penalty may be applied, as well as the categories of persons to whom it does not apply (pregnant women, regardless of gestational age, disabled persons, persons who are not attained the age of sixteen, law enforcement officers and others.). The article raises the question of the future existence of the penalty of correctional labor. Theoretical and practical implications suggest the need to avoid this type of punishment from the penal system. The author believes that at the current stage of development of the criminal law of Ukraine correctional labor lost its primary punitive function.
RUDN Journal of Law. 2014;(3):143-152
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An overlook of administrative justice system of the Swiss confederation
Solovyev A.A.
Abstract
The article is dedicated to the contemporary system of administrative justice in Switzerland. The author touches upon the main aspects of administrative justice system on the federal level, analyses the key points of the basic normative act in the field-the Federal law on administrative procedure as well as examines the legal status of the Federal administrative tribunal. The article also includes a comprehensive account of functioning of the cantonal administrative justice institutions in Bern and Geneva.
RUDN Journal of Law. 2014;(3):153-162
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Loan agreement under the Indian law
Chumachenko I.N.
Abstract
In this article, the author examines the concept of the origins, nature, the principles, the basic conditions of the loan agreement in Indian law, as well as the features of the credit agreement in the legal practice in India. India is one of the largest markets in Asia, has developed legislation in the sphere of crediting, which includes, as a concept major credit contracts used in the global banking practice (credit agreement, agreement on overdraft loan, agreement for a revolving line of credit, agreement on the opening not revolving line of credit), and concepts characteristic only for the legal system of the Republic of India - the so-called short-term loans to core funding (bridge loans), as well as a loan on request (demand loan) or loan on a call (call loan). The author is giving a comparative analysis of the institutions of the loan agreement (loan) and the Institute of prior credit agreement (advance).
RUDN Journal of Law. 2014;(3):163-170
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On the concept and sign an insurance case
Sultonova T.I.
Abstract
This paper deals with concept and features of the insured event. The author analyzes the existing legal framework on the issue, in particular the Civil Code of the Republic of Tajikistan, as well as the RT Law «On Insurance». It’s given the formulation of the term of the insurance case from legal, and from doctrinal sources. The author concludes that the insured event has, along with the category of insurance risk characteristics of randomness and probability. Probability of the insured event is the degree of probability of occurrence of events, it embodies. In view of the inherent insurance case signs of randomness and probability justified conclusion about the inadmissibility of his understanding of what happened as a kind of event.
RUDN Journal of Law. 2014;(3):171-177
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Principle of system approach to harmonization of monetary policy of the Eurasian Economic Union
Levshin V.V.
Abstract
The purpose of this study is to study a systematic approach to monetary harmonization of States Parties of the integration processes in the space created by the integration of association «Eurasian Economic Union (EEAS)» a comprehensive analysis of theoretical and methodological research and practical approaches to monetary harmonization and the development of practical recommendations agreed transition to a harmonized monetary policy.
RUDN Journal of Law. 2014;(3):178-197
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Prospects and development trends international legal support sports labor relations in professional sports
Shevchenko O.A.
Abstract
The article discusses the prospects and directions of development of international legal support sports-labor relations in the field of professional sports. The author analyzes the development trends of legal support sports-labor relations in areas such as transitions (transfers) athletes and coaches, professional players contracts with sports clubs. During the analysis the author examines international labor law, labor law of the European Union, the European practice of dispute resolution in professional sports and leads their proposals within the concept of international labor standards in professional sports. The author analyzes the direction of development of legal support of sports and labor relations in areas such as transitions (transfers) athletes and coaches, professional employment contract of players with sports clubs. During the analysis the author examines international labor law, labor law of the European Union, the European practice of dispute settlement in professional sports, and gives suggestions within the concept of international labor standards in professional sports.
RUDN Journal of Law. 2014;(3):198-207
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«Positive direction» in international law XVIII-XIX centuries
Dorskaya A.A.
Abstract
The paper shows the influence of positivism on the development of international law in the XVIII-XIX centuries. Analyze ideas of I. Moser, G.F. Martens, F.F. Martens and other international lawyers. Positive trend in international law is considered in the context of the fight against natural and legal ideas and influence on other theories, in particular, the historical school of law. The paper shows the importance of a «positive trend» in the development of the idea of European law. The article explains the role of the «positive direction» in international law and in the development of monistic theories dualistic relationship between international and domestic law. Particular attention is paid to the creation of collections of international treaties, which began in the XVIII-XIX centuries, representatives of the «positive direction». The paper shows their role in the development of international law as a systematic, logically built legal system.
RUDN Journal of Law. 2014;(3):208-216
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On the codification of international law
Ostroukhov N.V., Romashev Y.S.
Abstract
The article considers the historical aspects of the formation of the codification of international law. The codification of international law is carried out for a long time, and its value is very large, especcialy for the development of the legislation of states, despite this, in author’s opinion, greater significance at the current stage will be given to the process of progressive development of international law, as most of the existing areas of international law are codified, but with the appearance of new international legal institutions, this procedure will be necessary again. The author values the roleof the international bodies (eg, the International Law Commission) in the process of codification. Also this article reveals the importance of formal and informal codification and shows the participation of international institutions in that field. The author is analysing the doctrines of reputable scientists jurists in international law.
RUDN Journal of Law. 2014;(3):217-224
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The uniteral acts’ of states role on formation of international custom
Sunyaeva M.D.
Abstract
The article gives a detailed analysis of the role of unilateral acts of States in the formation of international custom at the example of the protest. It’s also disclosed the history of the emergence of the concept of a unilateral act. The author focuses on study protest and detection of subjective element of international custom. For these goals, author examines doctrine and jurisprudence. The author concludes that the proof of facts identifying opinio juris is complicated by the need to conduct a detailed analysis of each case separately, paying attention to a form of protest, the existence of defects of forming of expression, the presence of publicity and clarity, its compliance with fundamental ethical principles recognized by the international community as well as the norms of jus cogens .
RUDN Journal of Law. 2014;(3):225-234
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Immunities and privileges of the staff of representatives of states to the international organizations
Jetlir Mechi -.
Abstract
In connection with the appearance in international law of various forms of external relations between subjects, the need to distinguish immunities of employees of those or other organizations involved in the activities of these entities is rising. This article provides a deep analysis of the legal framework providing to employees immunities from the international representatives (eg, the Vienna Convention of 1975, the Convention on the Privileges and Immunities of the United Nations, the UN Agreement - US headquarters, etc.). The author raise the question of accreditation of employees, by whom is represented organization. Also, the article considers decisions of the courts of different countries (USA, Italy, etc.) on issues of the prosecution for crimes of the persons having special status, and their families. Author demonstrates the examples for depending of the results for the recognition of the immunity from jurisdiction of the representatives or the persons entitled to them on the national legislation.
RUDN Journal of Law. 2014;(3):235-240
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Current problems of interstate cooperation of Russian Federation for the protection of children in case of disputes between parents living in different states
Abashidze A.K., Gugunskiy D.A., Koneva A.E., Solntsev A.M.
Abstract
This article deals with one of the problems of children’s rights protection - the right of the child to communicate with both parents. The main tool for resolving disputes in this area is the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. The article investigates the application of these acts in the Russian Federation; It also highlights the problems implementing these conventions and the prospects for their use. Authors elaborate on the recent changes in the legislation of the Russian Federation in this sphere including the Federal Law of May 5, 2014 № 126-FZ «On Amendments to Certain Legislative Acts of the Russian Federation in connection with the accession of the Russian Federation to the Convention on the Civil Aspects of International Kidnapping children».
RUDN Journal of Law. 2014;(3):241-249
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Understanding and providing of social rights by the African commission on human and peoples’ rights
Ruchka O.A.
Abstract
One of the unique features of the African Charter on Human and Peoples’ Rights is the recognition of economic, social and cultural rights on the same footing as civil and political rights. This article analyses critically the protection of socio-economic rights in the African regional system focusing mainly on the African Charter 1981 and the jurisprudence of the African Commission on Human and Peoples’ Rights.
RUDN Journal of Law. 2014;(3):250-261
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International legal aspects of using space technologies in disaster management
Kruglov D.A.
Abstract
The frequency and severity of natural disasters and technogenic catastrophes are constantly increasing, to overcome their consequences is becoming more difficult, which leads us to the relevance of the article. Space technologies, specifically remote sensing of the Earth, meteorology, navigation systems and telecommunications, play an essential role in the field of disaster prevention and management. The author analyzes the conceptual and categorical apparatus used in this field, and also analyzes the international legal framework. The article is devoted to the review and analysis of the various international initiatives aimed at the use of the obtained information by space activities for the prevention, mitigation and implementation of aid operations. In the article is determined the presence of the legal obligations of an early warning for natural disasters in the international law.
RUDN Journal of Law. 2014;(3):262-274
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Doping in sport: the spirit of sports, human rights and human resource development dilemma
Kurgat P.K., Kurgat A.J.
Abstract
The spirit of sports, namely ethics, fair play and honesty; health; excellence in performance; character and education; fun and joy; teamwork; dedication and commitment; respect for rules and laws; respect for self and other participants; courage; community and solidarity. Sports governing bodies consider the principal policy of anti-doping regulation as a creation of a level playing field. This article explores the spirit of sport, namely, ethics, fair play, honesty, health, excellence in performance, the interplay with International law and Human Development. The article considers fundamental rights, their applicability and justification to doping disputes. An analysis is made on the impact of adjudication of a doping dispute on fundamental human rights and human resources.
RUDN Journal of Law. 2014;(3):275-280
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Review of Gerard Cornu’s monography «Forensic linguistics» (éd. Montchrestien, EJA,2005. - 449 p.)
Meshkova I.N.
Abstract
RUDN Journal of Law. 2014;(3):281-286
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Our authors
- -.
Abstract
RUDN Journal of Law. 2014;(3):287-290
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