No 2 (2015)

Cover Page
Articles
The concept of the state within the course of the information-quantum discourse
Ivanskiy V.P.
Abstract
The article describes the origins of the state within the frames of the information-quantum discourse, the cognition of which is focused on the interdisciplinary nature of comprehension of «internal» procedural qualities of the state through its substrate being the people (the nation). The state is regarded by the author as an emergent self-organizing system which includes such elements as the pattern (protopattern) and the egregore, these elements being its formation stages. The first stage of the process of the state genesis is marked by protopattern formation on the level of the collective unconscious. Moreover, the appearance of the «self» protopatterns is accompanied by decomposition of the superposition of conditions of the «society» (of the «Self» quasi-pattern) quantum quasi-system and by appearance of one of its conditions being the ethnos which cannot be identified as the state in its proper meaning. It is explained by absence of a single idea and aim to be realized within individuals residing in a definite territory. In other words, the ethnos did not possess the «mental condensate» generated by thoughts and emotions of individuals and gained independent existence - the egregore. Only starting from the moment of the egregore establishment (institutionalization) the process of transformation of the ethnos into the people takes place, and also the final stage of the ethnos establishment as the state begins. The final stage of the state establishment is marked by appearance of the egregore, as well as by transformation of the society into the systems of the «people» and the «nation». Precisely the egregore generates development of its another potential condition - the «people» - out of the non-local superposition of the «Self» quasi-system conditions. As a result of the decoherence process the collective «self» pattern is formed as a reflection of the conscious and unconscious aspects of the state forming people. Furthermore, it should be noted that it is presence of non-linear relations between interacting subjects of law that act as the main feature of genesis and development of the people into the state. It is those relations, according to the author of the article, that reflect the unconscious level of the unity of the people as a union of individuals. Along with fulfillment by the people of its mission - the egregore idea, there originates a new type of the state forming people. The egregore formed by the people earlier, eventually becomes an independent energo-informational entity which establishes space with its own law and order referred to as the nation-state. According to the author of the article, the state starts functioning not in accordance with aspirations of the people as a source of public authority, but in conformity with an autonomous egregore, the intent of which depends on the ideology it contains.
RUDN Journal of Law. 2015;(2):9-19
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The law applicable to the declaration of independence of Kosovo: still a puzzling issue
Pietrobon A.
Abstract
The Advisory Opinion of the International Court of Justice on the declaration of independence of Kosovo has left some crucial questions open. The main steps of the Court’s reasoning are re-examined in the article, the most delicate issue being the relationship between international law and domestic law. In particular, the exclusion of the possibility for international law to produce effects at the individual level - that was determinant to the conclusion reached in the Advisory Opinion - is questionable.
RUDN Journal of Law. 2015;(2):20-32
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The new Constitution of the Arab Republic of Egypt of 2014 in the light of the former Constitution of 2012 and International Human Rights Standards
Abashidze A.K., Ocheretyanaya O.V.
Abstract
The present article focuses on the political and legal situation with regard to human rights and freedoms in the Arab Republic of Egypt after the overthrow of the President Mohammed Mursi. The article analyzes the new Constitution of the Arab Republic of Egypt of 2014, the basic human rights and freedoms enshrined therein, the hypothetic difficulties of its implementation, as well as contains a comparative analysis of its provisions with those of the previous Constitution of the Arab Republic of Egypt of 2012 and international human rights standarts.
RUDN Journal of Law. 2015;(2):33-40
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BRICS as a new legal framework of interstate economic integration in the field of nanotechnology
Inshakova A.O.
Abstract
The article is devoted to modern trends of legal approaches to the regulation of scientific and technological cooperation of the participating countries of the integration of new regional groupings, for example, member countries of the BRICS. Combining scientific and technological capacities, under the auspices of the inter-state union clearly helps to understand the essence, goals and priorities of one of the leading trends shaping development potential of close inter-country cooperation in the production and foreign trade sectors. This kind of integration cooperation, as well as more rapid, qualitative transition of the economy to an innovative way of development, provides not only the pace of socio-economic development of the Union’s member states, but also the political significance of its place in the world. Determine the success of the regional associations in the knowledge-based economy is becoming a component of how nanotechnology. Thus, to the forefront in the development of the Russian nanotechnology industry are questions of legal policy and program regulation in nanotechnology, and the main goals of interaction of Russia with the states - members of the BRICS find themselves in the field of science, technology and innovation, as well as close interaction information. In this regard, the article concludes on the benefits and effects software control nanotechnology industry in comparison with international regulation and national positive law, the main directions of the domestic legal policy, as well as the validity and priority spheres of legal regulation of nanotech activities. In addition, the study of the regional level of regulation in the field of innovation and the nanotechnology industry has allowed in turn to draw some conclusions concerning the influence of the latter in the process of transformation of the source of legal support of modern entrepreneurship, development new types of legal documents and soft law, constituting today the predominant unit in an array of relevant legal provision.
RUDN Journal of Law. 2015;(2):41-49
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Proof in civil and arbitration process and modernization of judicial system of Russia
Grebennikov V.V., Grudtsina L.Y.
Abstract
In article a valid conclusion that the direction of creative activity of court (including, in aspect of a judicial discretion regarding proof and an assessment of evidentiary base) deserves to be a program question of extraordinary congress of judges of Russia to define one of many constant purposes of activity of all judicial system. To have opportunities to modernize, bring new and positive in a condition of modern judicial system, carriers of judicial authority need to find modern knowledge, to be exempted from the outdate, become obsolete representations, to penetrate into the latest tools, means of legal proceedings more deeply, to learn possibilities of the personality as judges - the carrier of judicial authority and to be capable to apply them to updating of establishments of judicial system in daily judicial activity.
RUDN Journal of Law. 2015;(2):50-58
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The advocacy feature of the modern notariat
Kucherenko P.A.
Abstract
In the article, author shows importance of improving all elements of the legal mechanism, in particular notariat. Author puts forward the statement, that the notariat acts as a point of intersection of the private and public law, as a result, has a dualistic nature, which is manifested in the fact, that the notary is both an authorized representative of the state and independent legal advisor. In modern Russia the notariat is non-governmental institution, to which in accordance with Part 1, Article 1 of «Fundamentals of Russian Federation legislation on Notaries» were delegated certain powers of the state to implement one of the most important state functions, namely to protect the rights and legitimate interests of citizens and legal entities. Author examines the idea of G.G. Cheremnyh and I.G. Cheremnyh to divide the functions of notariat in the two groups, depending on from which nature they are derived (public law, private law). This article reveals the existing current approaches to understanding of the function of the human rights of notaries. The author believes that the notariat is directly involved in the creation of a favorable environment for economic activity and civil turnover, for the sustainable development of society. The importance of this function in a modern legal reform is shown in details. In conclusion, the author cites the opinion of B.V. Shagiev, that the notariat should rather be attributed to the human rights organizations, than to law enforcement agencies. The author agrees with this position and believes that the notariat performs its advocacy function on behalf of the state.
RUDN Journal of Law. 2015;(2):59-65
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Right of the boy to receive upbringing as a boy, right of the girl to receive upbringing as a girl
Ponkin I.V., Ponkina A.A.
Abstract
The article deals with the leveling and ignoring the rights of boys and the rights of girls. The authors substantiate the right of the boy to receive upbringing as a boy and right of the girl to receive upbringing as a girl. The article shows the international legal guarantees of these rights, and rules of the International Law, of which indirectly follow these rights. The article concluded that from the birth each boy and each girl have a particular sex with patterns of psychosexual development immanent to this sex and formed naturally, and the child has the right to be raised accordingly to his/her sex, based on his/her natural sexual identity, including self-identification, formed naturally in childhood.
RUDN Journal of Law. 2015;(2):66-70
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Peculiarities of the Legal Status of the General Council of the Judiciary in Spain
Solovyev A.A.
Abstract
The essay deals with certain specifics of the Legal Status of the General Council of the Judiciary in Spain. The author contemplates the issues relevant to the procedure for the formation of the said institutional body, it’s structure and authority. Whereas particular attention is focused towards the authorities of the General Council of the Judiciary of Spain supposed to ensure independence of the country's judicial system.
RUDN Journal of Law. 2015;(2):71-78
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Mandatory reserve requirements of the Bank of Russia: characteristics and mechanism of action
Frolova E.E., Karmadonova E.V., Zelentsov A.B.
Abstract
The article focuses on the description of one of the basic tools of the monetary credit policy conducted by countries, the compulsory reserve requirements, which represent the tool of monetary policy which is used in many countries of the world, the mechanism of formulating such requirements by central banks, the degree of their influence on the liquidity of banks and the growth of cash volumes. Functions of the reserve requirements deposited on bank accounts of Russia are considered in depth. The article deals with dynamics of standard rates of required reserves; the «classical» scheme of averaging of required reserves is analyzed. Authors unitize the reserved liabilities of the credit organizations in three categories: liabilities of the credit organization to legal nonresident persons which consist of liabilities to legal nonresident persons (including liabilities to nonresident banks), liabilities to individual nonresident entrepreneurs, arising according to agreements of the bank (correspondent) account, contracts for attraction of money (credit, deposit and other agreements); liabilities of the credit organization to physical persons which consist of liabilities to physical persons (residents and nonresidents), arising according to bank deposit agreements (including certificated by savings certificates), the bank account; other liabilities of the credit organization in currency of the Russian Federation and (or) in foreign currency. An example of calculation of data for accomplishment of an obligation by the credit organization for averaging of required reserves is provided. The article also deals with the practical issues of the mechanism of action of this instrument of monetary policy, the order of reserve calculation, the Central Bank of Russia’s management of the obligatory reserves as well as assesses the legal base regulating various aspects of credit institutions’ fulfillment of the reserve requirements.
RUDN Journal of Law. 2015;(2):79-92
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Problems of carrying out local referendum in the Russian Federation
Ezhevski D.O.
Abstract
In this paper, the author analyzes the recent changes in the electoral law of modern Russia. The development of modern Russia and constitutional rights is impossible today to imagine without the institution of the referendum. This institution has a serious impact on the entire history of the state, however, Russia has a lot of problems and initiate local referendums. Also 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. Practice showed that the referendum institute as a form of democracy and direct participation of the population in the solution of global social and economic and political affairs gets accustomed and operates in our country. The referendum not only allows to reveal public opinion on the most wide range of the most important questions for country life, but also to consider it in political practice, in the course of acceptance and carrying out in life of political decisions. In view of evolution of development of institute of a referendum in Russia, it should be noted that in process of society democratization this institute makes serious impact on all historical way of development of the state, gives the chance to state authorities to reveal those questions which decision allows to smooth the social conflicts. Development of modern Russia and constitutional law can't be imagined today without institute of the referendum which has strongly taken the place among other state and legal institutes.
RUDN Journal of Law. 2015;(2):93-101
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Double standard as the method of intellectual discourse (is Russia the «occidental» civilizations antipode?). Part 1
Eremyan V.V., Klishas A.A.
Abstract
The complex analysis of modern world political reality in the context of consideration of an actual condition of Russian Federation and the western powers relationship in the article is carried out.
RUDN Journal of Law. 2015;(2):102-114
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Approaches to the definition of «constitutional values» in theory of constitutional law of foreign countries and Russia
Klochko E.I.
Abstract
The article observes approaches to a problem of defining the notion of «constitutional values», that exist in the theory of constitutional law in Russia and foreign countries (Germany, USA). Points out that in German theory of constitutional law there is a concept according to which the Constitution represents an objective hierarchy of values, a document that incorporates the basic value decisions of the founders. And constitutional values themselves are regarded as the ideological basis of the Constitution. Basic concept of fundamental values of the American theory of constitutional and legal thought also discloses. The supporters of this theory claim that constitutional provisions are bound with morality and argue that the Constitution is a certain system of moral values. It indicates the presence of critics of this concept in American literature in view of the fact that the search for moral reasons in the provisions of the Constitution entails giving these standards an abstract nature, which allows law enforcers to see in them not an objective but a subjective sense. Highlights the point of view of Russian experts on the concept of constitutional values. In particular, the author supports the point of view of N.S. Bondar’, who proposes to consider constitutional values as an «extralegal category «, which is both a normative category and a category of morality. It also regards an issue of relationship between the categories of «constitutional values», «constitutional provisions» and «constitutional principles». It argues that constitutional provisions and constitutional principles are the legal form of expression of constitutional values. The latter represent certain ideas, guidelines, ideals that have positive significance for the entire nation and are the foundation, the basis of social and state development.
RUDN Journal of Law. 2015;(2):115-124
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Review of the all-Russian scientific conference «Harmonization of the approaches in reserch and teaching the law» (Moscow, On March 27-28, 2015)
Nemytina M.V., Vasilyeva T.A., Varlamova N.V., Zinkovsky S.B., Sorokina E.A.
Abstract
The review presents the most interesting reports and speeches of the participants of the All-Russian Scientific Conference «Harmonization of approaches in research and teaching of law» which was held at the Peoples’ Friendship University of Russia, Institute of Law on March 27-28, 2015. The main goal of the Conference was to discover the possibility of organic connecting of contemporary methodological approaches in the legal science and education.
RUDN Journal of Law. 2015;(2):125-133
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Our authors
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Abstract
RUDN Journal of Law. 2015;(2):134-136
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