No 2 (2014)

Cover Page
Articles
Restriction of the rights and freedoms of the person and citizen: definition of the constitutional concept
Podmarev A.A.
Abstract
Article is devoted to development of definition of the constitutional concept «restriction of the rights and freedoms of the person and citizen». On the basis of the analysis of theoretical views and the constitutional provisions signs of studied concept are allocated. It is specified value of this concept for science and law-making activity.
RUDN Journal of Law. 2014;(2):9-17
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Implementation the concept of democracy through law in court decisions
Vinogradova S.A.
Abstract
In this article the author examines current issues of implementation of democratic principles through court decisions, practices and issues.
RUDN Journal of Law. 2014;(2):18-24
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The constitutional law to information as a basis of institute of promotion of social interests in the authorities of the russian federation
Vechernin D.S.
Abstract
The article is devoted to problems of the realizatio№ of the constitutional right to information within the current federal legislation.
RUDN Journal of Law. 2014;(2):25-35
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Constitutional right to help yuridichesskuyu qualified
Vinogradova E.V.
Abstract
The article questions are formulated institutionalizes qualified legal assistance as the constitutional right of citizens of the Russian Federation. Reviews the history of this concept in the Russian legal system, the state and prospects of development of this institution. Identifies major areas of possible research on the subject composition, forms and procedural safeguards applications in various areas of law.
RUDN Journal of Law. 2014;(2):36-43
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To the question of cyberterrorism and cybercrime
Galushkin A.A.
Abstract
In the present article author analyzes threats of modern society caused by a wide circulation of information technologies and shift of the part of offenses in the global information and telecommunication network Internet.
RUDN Journal of Law. 2014;(2):44-49
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Genegis and science structure international finance law in Russia
Belov V.A.
Abstract
Article is devoted to genesis of development of the international financial law in the Russian Federation and its possible structure. It can be useful to students and specialists of economics and law departments, and as to public interested in the international finance.
RUDN Journal of Law. 2014;(2):50-56
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The nature and content of public relations in the sphere of circulation of securities as the object of administrative and legal regulation
Chuchunova N.S.
Abstract
This article deals with the dual nature of the securities. The analysis of the civil and administrative legal relations arising in the field of securities turnover their characteristic forms and methods of legal regulation, depending on the nature and subject structure of relations. The author of the necessity of renaming the law governing the securities market on the back of the Law on Securities, as more fully reflects the nature of regulated relations.
RUDN Journal of Law. 2014;(2):57-67
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Offshore company as an object of mutual legal interests of the state and businessmen
Kirsanov A.N., Sever’yanova T.Y.
Abstract
This article deals with the legal issues related to the conflict of interest of the state and businessmen who uses offshore companies to optimize their costs.
RUDN Journal of Law. 2014;(2):68-73
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Civil regulation of the relations of rating services
Rogachev M.A.
Abstract
The article analyzes the peculiarities of legal regulation of relations to provide rating services. Emphasizes the civil nature of these relations. The author's definition of the rating services, defining its symptoms. Analyzed legislation governing the provision of services. It is noted that the legislation on the provision of rating services in the Russian Federation is actually in the process of formation. Analyzes the concept of quality of rating services, authorized concept features quality rating services. Notes that the law does not impose any mandatory requirements to the quality of the rating services. Found that an important mechanism for confirming the quality of the rating services is accredited rating agencies. Concluded that the civil-legal nature of the rating services allows us to consider them in the context of the law of obligations. At the same obligation on rendering the rating services is negotiable.
RUDN Journal of Law. 2014;(2):74-80
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The state and public security as an object of legal protection
Iroshnikov D.V., Larina L.Y.
Abstract
The paper analyzes the concept of state security and public security in their interrelation. Based on the analysis of the concepts of these types of security are considers as objects of criminal legal protection. The authors conclude that the state and public safety are a single independent object of the criminal legal protection. The refore, the paper proposes to amend the criminal code of the Russian Federation in part of specification of the tasks of the criminal law and optimization of the structure of the special part of the code.
RUDN Journal of Law. 2014;(2):81-88
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Some aspects of article 7 of Criminal Procedure Code of the Russian Federation
Kuznetsov M.N.
Abstract
The article analyses different types of breaking of lawfulness principle [art. 7 of PPC of Russia] while investigating of criminal cases.
RUDN Journal of Law. 2014;(2):89-92
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Legal procedure for carrying out transactions with the earth as an object of crime
Tikhomirov V.A.
Abstract
The article studies the General and special conditions of transactions with land. Legal regulation of relations in this sector has specific characteristics: a) the comprehensive nature; b) quite large number of conditions, limitations, special procedures; C) the nature of the subject of regulation, both General and special (relating to certain categories of land-related). In this connection the specified conditions are integrated in the concept of «legal procedure for carrying out transactions with the earth».
RUDN Journal of Law. 2014;(2):93-98
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Legal regulation of the construction on the mining drainage
Kouznetsov N.M.
Abstract
This article discusses some of the deflict of legal regulation of procedure construction in the mining lease, as well as legal risks subsoil renter that can arise during such construction.
RUDN Journal of Law. 2014;(2):99-101
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Criminological characteristics of the personality made crime in negligence
Karaseva M.Y.
Abstract
The article reflects the criminological characteristics of the personality made crime in negligence. The crimes have everyday nature and they may be premeditated crimes as well. This type of crimes is common for people aged 25 to 29 years old. Often these people don’t have higher education, a particular source of income and employment. Emotional sphere of the people is characterized by features typical of violent criminals. This information about the criminals efficiently helps to prevents the types of criminal offences.
RUDN Journal of Law. 2014;(2):102-107
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The scope of the sport labor relations of coach in professional sports
Shevchenko O.A.
Abstract
The peculiarities of the legal status of sports coach, who attributed labor law to a particular category of employees whose work requires special legal regulation. The author analyzes the foreign practice and concludes that overseas status of a sports coach is not differentiated. According to a Russian labor law legal status coach divisible by teaching staff and sports coach directly. Determined substantial specificity sports labor product of sports coach - as a result of labor produced athletic trainer, the performance of his functions under the labor contract.
RUDN Journal of Law. 2014;(2):108-117
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The legal systems of modern times: mutual influences, convergence and antagonisms
Chirkin V.E.
Abstract
The article discusses the relationship of global legal systems: Muslim, liberal-social capitalism and totalitarian socialism as the latter exists in five countries survived the totalitarian socialism (Vietnam, China, Cuba, North Korea (DPRK), Laos), where along with principles of socialist economy, although in different degrees (greater China, almost imperceptibly in the DPRK), there is private property and there is regulated by the State market relations, and in constitutions included provisions on human rights, the separation of powers, the rule of law, previously considered as « bourgeois» conceptions. The antagonism of the fundamentalist Muslim family law (Oman, Saudi Arabia, etc.) in a relationship with other legal systems, as well as elements of convergence of a Muslim family in the «advanced», modernizing countries (Egypt, Iraq, etc.) with other systems.
RUDN Journal of Law. 2014;(2):118-131
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The periodization and comparative-historical typology of law
Trikoz E.N.
Abstract
The article contains brief review of various approaches to a historical and legal periodization. The comparative-historical typology of the law is considered on the basis of historical and genetic (diachronic) and historical and structural (synchronic) approaches. It is offered to allocate such main aspects of perception of the law, as gnoseologo-axiological and ontologo-prakseological aspects. In their framework two directions of comparative-historical typology of the law are developed: morphological and nomotetiko-systematic. The author claims that nomotetiko-systematic approach to a periodization of law history is oriented on the analysis and classification of historical forms of law-making, specific law culture and practice of systematization (codification) of the law.
RUDN Journal of Law. 2014;(2):132-144
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Legal tradition of ius commune through the eyes of legal historians
Poldnikov D.Y.
Abstract
The article examines the advantages to applying the concept of legal tradition when studying the medieval ius commune in Europe from a historical perspective. The author looks into three key elements of this legal tradition, namely legal science, legal education, and legal consciousness. Each component is characterized in its relation to the development of the ius commune and the legal order in Continental Europe.
RUDN Journal of Law. 2014;(2):145-152
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Comparative legal classification of modern models confessional-state relations
Shalyapin S.O.
Abstract
The article examines several classifications of models of confessional-state relations, used in modern legal science, religious studies, political science. Their comparative analysis to identify similar and different features as well as the internal contradictions of these classifications. Revealed contradictory trends in the institutionalization of national confessional-state models of modern countries: unification relation to confessions on the basis of international principles of freedom of conscience, and individualization of these models on the basis of tradition, embodied in the national legal systems.
RUDN Journal of Law. 2014;(2):153-170
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About the peculiarities of the legal system of Abkhazia
Kamkiya F.G.
Abstract
The article concerns with some problem aspects of Abkhazian legal system which surely are unexplored. The author reveals the specifics of the law-making in Abkhazia, noting the pluralism of its legal system during recent centuries. The necessity of inclusion of the social principles of abkhazian society self-organisation into a modern legal system of Abkhazia is justified.
RUDN Journal of Law. 2014;(2):171-186
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On the concept and content of language rights in constitutional law
Markarov A.N.
Abstract
The article investigates the language as an object of constitutional-legal protection. The author explores the features of securing the status of languages, the nature of language human rights and of the language of nation, and the structure of the complex of language rights.
RUDN Journal of Law. 2014;(2):187-196
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Problem of the constitutional reform in Abkhazia: comparative aspect
Kamkiya B.A.
Abstract
The article deals with exploration of constitutional reform both in Abkhazia and other countries. Different models of relations between law and policy are analyzed. The problem of finding of own resources for the creation of constitutional ideology in Abkhazia as a provision for social stability is raised. There is a notion that the process of constitutional reform is always the hardest exam for each society. The society may give an answer to the destructive challenges with a help of political elite, who must form the constitutional - ideology. The article concluded that the constitutional patriotism for the modern Abkhazia is a comprehension of the Constitution as a guarantee of peace, justice and prosperity, recognition, protection and enforcement of the values of democracy and civil rights.
RUDN Journal of Law. 2014;(2):197-205
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The origin and evolution of the competition law in Europe (legal theoretical analysis)
Smirnova K.V.
Abstract
This article describes the author's approach to the analysis of prerequisites for the origin of antitrust law and its development and evolution in the European Union, which was influenced by the American doctrine of antitrust law and obtained a modified development in the German national legal system. It’s analyzed the Keynesian & neoliberal doctrines in comparison, and also explores the leading role in the development of ordoliberalizm in competition law of the European Union.
RUDN Journal of Law. 2014;(2):206-213
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The system of administrative justice in Great Britain: latest developments
Solovyev A.A.
Abstract
The article deals with the contemporary system of administrative justice in Great Britain. The author examines the main trends of administrative justice reform in the UK, provides analysis of key points of the main related legal act - Tribunals, Courts and Enforcement Act (2007). Special attention is drawn to administrative Tribunals: First-tier Tribunal and Upper Tribunal.
RUDN Journal of Law. 2014;(2):214-220
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Foreign experience and models of legal regulation of public-private partnership
Rodionova O.Y.
Abstract
The author analyses foreign experience of public-private partnership, models of legal regulation of public-private partnership in foreign countries, principles of interaction between public institutions and business in realization of joint projects, there are outspoken concrete recommendations related with the perspectives of development of public-private partnership.
RUDN Journal of Law. 2014;(2):221-229
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Civil code in the XXI century: a brazilian overview
Costa Lasota Lucas Augusto -.
Abstract
The paper examines the arguments in favor of civil codification in a time characterized by an epistemological crisis of jurisprudence. As an example, it is noted that the Civil Code of Brazil of 2002 is the result of maturation of the concepts supported by doctrine and jurisprudence, including the systematic aperture of the Code’s structure, the overcoming of scientific formalism, the adoption of institutional guidelines and principles for the formation of legislation. Considers also the paradigmatic change of ethical base rules of the Civil Code.
RUDN Journal of Law. 2014;(2):230-242
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Status professional rights of the advocate-defender by the legislstion of Belarus, Moldova and Ukraine
Ragulin A.V.
Abstract
In article comparative and legal research of status professional rights of the advocate-defender on the legislation of such states of the former USSR as Republic of Belarus, the Republic of Moldova and the Ukrainian republic for loan of the revealed progressive aspects for use in regulation of this legal institute in Russia is conducted.
RUDN Journal of Law. 2014;(2):243-251
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Penal responsibility of juridical person in Spanish penal law
Tumanova E.V.
Abstract
The article is dedicated to analize the institute of penal responsibility of juridical persons in Spanish penal law. During the last 10 years Spain had two big reforms of Penal Code which leaded to denial the principle of societas delinquiere non potest and to establish the penal responsibility for crimes defined en the code. Recognition of the possibility of legal entity to have a penal responsibility shows the European tendency to recognize juridical persons as subjects of penal law.
RUDN Journal of Law. 2014;(2):252-258
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To a question about the content of the European model of sport
Ponkin I.V., Soloviev A.A., Grebnev R.D.
Abstract
Article focuses on the classification of models of legal regulation in the sports sphere and of interaction of the models of public administration and self-government in the sports sphere. Explore the concept of «European model of sport».
RUDN Journal of Law. 2014;(2):259-264
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International regulators-principles and economic globalization
Mamedov A.A.
Abstract
The article examines the legal regulation of economic relations in the modern period, requiring accounting world integration processes as a result of economic globalization. developed on the basis of international legal norms of international regulators-principles, making transparent and uniform requirements for the legal regulation of relations in the sphere of national economies in different countries.
RUDN Journal of Law. 2014;(2):265-271
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The contracts of NGO approved by the government of the country are fully legitimate norms of international law
Dzhantaev K.M.
Abstract
On the basis of the analysis of relevant international legal documents, provisions of the general theory of Law, extensive contractual practice of national NGO, taking into account opinion of domestic and foreign researchers, the author proves that agreements of national NGO have international public character in cases when these agreements are approved subsequently by the government of the respective country.
RUDN Journal of Law. 2014;(2):272-280
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Global health law: history and development prospects
Gnatik E.A., Dolzhenkova Y.V.
Abstract
Global health law is called the new branch of the international law. The article deals with research in the history of global health law and in the international organization’s activity in the field of the public health service.
RUDN Journal of Law. 2014;(2):281-288
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Challenges facing the human rights treaty body system
Koneva A.E.
Abstract
The human rights treaty bodies - international organs controlling the implementation of core international human rights treaties by States and forming an interlinked system today - are being confronted by a number of compelling challenges that seriously undermine their effective functioning. The current treaty body strengthening process aims to enhance the work of the treaty body system in a way that these challenges are addressed in most efficiently. In these terms the legal assessment of the system’s problems is essential for finding mechanisms of their solution that would ultimately improve human rights protection at the national level.
RUDN Journal of Law. 2014;(2):289-299
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Elaboration and adoption of the Cartagena Protocol on biosafety 2000: travaux préparatoires
Schegoleva A.M.
Abstract
This article discusses the background and the main stages of development and adoption of the Cartagena Protocol on Biosafety 2000 to the UN Convention on Biological Diversity in 1992 as a unique international agreement designed to promote sustainable use of biological resources for economic and social development and environmental protection through the creation of international legal regime to maintain the safe transboundary movement , handling and use of living modified organisms (LMOs) resulting from the application of modern biotechnology .
RUDN Journal of Law. 2014;(2):300-310
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Establishment of the principle of universal jurisdiction and its implementation by bodies of international criminal justice
Lyamin N.M.
Abstract
The article explains the concept of universal jurisdiction, the gradual emergence and recognition of the principle of the jurisdiction in international law. It shows the possibility and conditions for the exercise of universal jurisdiction by bodies of international criminal justice, in particular, the International criminal court.
RUDN Journal of Law. 2014;(2):311-319
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Interlinkages between the right to development and the right to freedom of movement
Buzaladze N.
Abstract
Migration had become a subject of an active inter-state dialogue during the last two decades. The first such high level dialogue on international migration and development took place in 2006. Migration and development are highly interdependent processes.The article analyses their interlinkages.
RUDN Journal of Law. 2014;(2):320-324
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To the question of conceptual aspects and legal nature of the human right to higher education
Huseynova K.N.
Abstract
The article discusses current issues related to the conceptual aspects and legal nature of the human right to higher education. Special attention is paid to the refinement of the functional nature of higher education, which the author considers in two roles: as a public good (common property) and personal benefit (a means of strengthening the social competitiveness of the individual).
RUDN Journal of Law. 2014;(2):325-331
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International regulations to protect the rights of transgender people as a vulnerable population
Alisievich E.S., Nikitina E.M.
Abstract
This articleis madeunder the grantRHFNo.14-33-01040 «Gender aspects ofinternational legal protection oftraditional values». This article analyzes the cooperation of states at both the universal and regional levels to ensure and protect the rights of transgender people as a vulnerable population, as well as a consideration of measures taken by the international community to counter the practice of discrimination and violation of the rights of individuals within the transgender group. The article analyzes the Jakarta Principles on the application of human rights in relation to sexual orientation and gender identity, the individual acts of the Council of Europe, the ruling of the European Court of Human Rights, and Russian legislation.
RUDN Journal of Law. 2014;(2):332-342
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The issue of protection of human rights of older people on the agenda of the international community
Abashidze A.K., Koneva A.E.
Abstract
The article analyses international legal basis of protection of human rights of older persons as a vulnerable group, determines the main problems in the area of ensuring their rights at the national level through the activities of the Committee on Economic, Social and Cultural Rights. The article concludes that there is a necessity of the adoption of comprehensive antidiscrimination laws by States aimed at fighting discrimination in all spheres of life on all grounds including age.
RUDN Journal of Law. 2014;(2):343-356
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Cooperation between European Union and Africa in the shpere of readmission
Kazhaeva O.S.
Abstract
Cooperation concerning readmission is of considerable interest for the European Union. The article touches upon several features of the form and procedure of concluding readmission agreements that are peculiar to the law and practice of the European Union, reveals the formation of the EU position in respect of readmission in the broader context of relations with different regions of the world, and then analyzes in detail the readmission issue as an element of the cooperation between the European Union and African states.
RUDN Journal of Law. 2014;(2):357-367
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The International commercial arbitration court at the Russian Chamber of commerce and industry a method of settlement of trade and investment disputes
Kazachenok S.Y.
Abstract
Due to the fact that the Russian Federation should stimulate efforts to improve the business and investment climate, and not be satisfied with the current level of interest in the domestic economy from foreign investors, further improvements in the legislation on arbitration courts, creating a positive image of the ICAC not only from foreign but also from domestic entrepreneurs to empower the implementation of major projects involving major foreign investors are particularly research significance. That is why the SWOT-analysis of the ICAC presented in the article, in order to identify its compliance with domestic legal regulation of global trends of development of legislation on international commercial arbitration, as well as the contemporary needs of international trade and cross-border investment cooperation are of particular relevance.
RUDN Journal of Law. 2014;(2):368-373
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Translation in the European court of human rights: challenges and solutions
Udina N.N., Minenkova O.V.
Abstract
The article deals with some problems of court translation, the right to which is provided by the European Convention of Human Rights and other legislations. The translation challenges appear at all stages of the court proceeding, ranging from submitting documents to judgment delivering. Translators and interpreters’ competences are outlined. Translation performs important functions in communication of the judgments of the European Court of Human Rights to the European Council member States and in conducting comparative studies of national and European legislations. Translation has been proved an important means in enhancing the role of the Court in protecting human rights.
RUDN Journal of Law. 2014;(2):374-378
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Study of the judiciary in English
Emelyanova T.V.
Abstract
The paper touches upon the subject of study of the Judiciary and related activities while teaching law-students of non-linguistic Universities English for special purposes (ESP). Brief review of the Judiciary in Russia, UK and USA is given here. Analysis of frequently used English terminological set expressions is made. Interdisciplinary and personal achievements of non-linguistic Universities’ law students is accentuated.
RUDN Journal of Law. 2014;(2):379-384
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Agreement text contrastive analysis: English vs Russian
Stepanova V.V., Kiseleva L.A.
Abstract
The article studies the incongruity of the structure and stylistic organization of an agreement as one of the types of legal discourse in English and Russian. The comparative analysis of certain stylistic differences connected with the structure and content of agreement and the tips for translation suggested in this concise work are aimed at better understanding and interpreting the legal document of the given format.
RUDN Journal of Law. 2014;(2):385-392
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Legal Aspects of Medical Interpreting and its Specific Features within PSI domain
Vasilenko L.Y., Titova O.K.
Abstract
The article examines characteristic features of medical interpreting as a specific field of professional activity within the framework of Public Service Interpreting as well as legal implications PSI provision. The article also considers specificity of interpreter-assisted doctor-patient communication, criteria of its effectiveness as well as the impact of institutional context on communicative goals and social identities of the participants.
RUDN Journal of Law. 2014;(2):393-399
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Integration of clil approach into ba students’ speaking skills development
Belenkova N.M., Zhivajkina O.N.
Abstract
The paper aims to show general issues of content and language integrated learning (CLIL) approach in teaching BA students at non-linguistic higher educational institutions. Some issues of professional communication in the domain of law are considered. The correlation of students’ language and vocational skills development is examined. The experience of teaching students at the Faculty of Law is focused on.
RUDN Journal of Law. 2014;(2):400-403
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General lexical and grammatical features of the genre of contemporary solemn eloquence
Ilicheva V.V.
Abstract
In this article define drange of genres solemn eloquence, noted the keyrole of genres official ceremonyoratorik. Analyzes the general lexical and grammatical features, natural lyevidenced ina number of genres official solemn eloquence. In particular, identifies semantic blocks of lexical and phraseological units, operating in the political discourse of leaders, and alsonotes a number of grammatical features of considered texts.
RUDN Journal of Law. 2014;(2):404-413
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Review of the international scientific conference «The Law and the Society: evolution in interaction» (28-29 th March, 2014)
Nemytina M.V., Podmarev A.A., Sorokina E.A., Chechelnitskiy I.V.
Abstract
RUDN Journal of Law. 2014;(2):414-427
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Review of V.V. Grebennikov’s, N.N. Marchuk’s, A.A. Galushkin’s, V.N. Marchuk’s monography «Judicial reform in Brazil according to the Brazilian jurists» (Moscow, 2014. - 489 p.)
Pashentsev D.A.
Abstract
RUDN Journal of Law. 2014;(2):428-430
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Our authors
- -.
Abstract
RUDN Journal of Law. 2014;(2):431-436
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