No 3 (2013)

Cover Page
Articles
Historical and legal analysis to combat child homelessness and neglect first years of soviet power
Shahova E.S.
Abstract
The purpose of this article addresses the analysis of the normative base in the field of combating child neglect and homelessness in the years of Soviet power, the article analyzes the legal, organizational activities, activity of state bodies and public organizations, to assist street children in the years of Soviet power, is the analogy between the present and the Soviet historical stage
RUDN Journal of Law. 2013;(3):7-17
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Convergence of private and public law in the modern legislation of the Russian Federation
Ivanova S.A., Grebennikov V.V.
Abstract
Division of the right into branches is an exclusive gain of the Soviet doctrine. Any modern legal system didn't provide and doesn't provide such division. The private law in a general view is set of the legislatively-legal complexes regulating a civil turn. In this case it is a question of files of the legislation and the legal phenomena coordinated by it which basis we see in certificates.
RUDN Journal of Law. 2013;(3):18-25
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Procedural rules of law and features of their structure
Shagieva R.V.
Abstract
Above article is devoted to the scientific analysis of an internal structure of procedural rules of law during which on the basis of studying of the existing procedural legislation structural elements of the procedural rule of law are revealed, their specifics is shown. Author's vision of real structure of the rule of law is presented in article, different from traditional tripartite model
RUDN Journal of Law. 2013;(3):26-34
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State security as a legal category
Iroshnikov D.V.
Abstract
In the article the theoretical questions of state security are investigated, among other things the authorial definition of state security is given and the correlation of the latter with national and military security is analyzed. Besides considereation is given to the problems of legal regulation of state security matters in the Russian Federation.
RUDN Journal of Law. 2013;(3):35-42
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Personnel maintenance of activity of office of public prosecutor of the subject of the Russian Federation on working out and entering of bills into regional parliaments
Zaluzhnaya I.A.
Abstract
In article questions of personnel maintenance of the organizational works in Office of Public Prosecutor of the subject for last 10 years are analyzed, author's ordering of approaches to the organization of the specified activity in modern condition are stated.
RUDN Journal of Law. 2013;(3):43-51
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The regional legislation on realization of the rights of citizens for free legal aid
Vinogradova E.V., Vinogradova P.A.
Abstract
In this article competence of subjects of the Russian Federation of the sphere of granting a free legal aid are analyzed. The author considers features of legal regulation in this sphere at local and regional level. Relevance of a subject of the present article is dictated by two factors: the initial stage of formation of this institute and delegation by the federal legislation of all expenses connected with granting a free legal aid, on regional level.
RUDN Journal of Law. 2013;(3):52-60
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The industrial policy of the Russian Federation: the legal principles and mechanisms to support businesses
Inshakova A.O.
Abstract
The article is an analysis, commentary and criticism of the aspirations of the Russian national legislator in the formation of an adequate industrial policy of the Russian Federation and the development of effective legal measures aimed at maintaining the subjects of industrial activities, presented in the form of a draft Federal Law «On industrial policy in the Russian Federation», April 17, 2013 year.
RUDN Journal of Law. 2013;(3):61-65
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Development prospects of pricing agreements as a method of legal regulation of transfer pricing in the Russian Federation (comparative legal analysis)
Kostin A.A.
Abstract
Article is devoted to studying of prospects of development of advance pricing agreements as a method of legal regulation of transfer pricing in the Russian Federation. The special attention is paid to comparison of the Russian institute of advance pricing agreements with the American analogue.
RUDN Journal of Law. 2013;(3):66-72
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Legal responsibility for corruption in education
Botnev V.K.
Abstract
This article examines the current problems of the application of measures of legal responsibility for corruption in education. Details are researched issues of criminal, civil, administrative and disciplinary penalties for corruption offenses. The high degree of social danger of acts of corruption in the Russian education, as well as recommendations for the effective fight against corruption.
RUDN Journal of Law. 2013;(3):73-79
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Acquisition of the right to the land plots by foreign investors in the Russian Federation
Didigova L.R.
Abstract
The article discusses issues affecting the process of land acquisition by foreign investors. The ways of receiving lands are considered. Analyzes the position of the Russian Land Code and the property laws of foreign countries. The author gives examples of land acquisition in Russia and the countries of the European Union.
RUDN Journal of Law. 2013;(3):80-84
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Dialogue between civil society and the state in Russia: prospects and opportunities
Lagutkin A.V., Grudtsyn L.Y., Ponomarev A.M.
Abstract
The article analysed the opportunities and prospects for dialogue between civil society and the state in Russia. Civil society is a community of independent subjects (citizens) in the state, developing moral and material values in interests of the community and the state. Existence and development of civil society is impossible out of difficult system of the public relations and without participation (direct or mediated) the states.
RUDN Journal of Law. 2013;(3):85-94
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Car theft — traditional vocational crime
Plodovskiy Y.V., Galushkin A.A.
Abstract
In this article the author compare characteristic signs of car theft: stability of criminal activity car thieves, their areas of practice, multiplicity of crimes, repetition of a car theft with signs of criminal professionalism, and as a result the author conclude that car theft is reflected all signs of criminal professionalism, therefore such crimes should be accepted as one of the present form of the professional criminality.
RUDN Journal of Law. 2013;(3):95-101
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Use of foreign trade marks in advertising
Grigoriev D.A.
Abstract
The article focuses on the lawfulness of the use in advertising of trademarks, copyright of which the advertiser doesn’t have.
RUDN Journal of Law. 2013;(3):102-107
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Ancient Sumer: special law tradition
Trikoz E.N.
Abstract
This article is devoted to the analysis of specific political and law culture and the clay law of ancient Sumer, its concept of «sacred kingdom» and «good governance». Special attention is paid to the reigning of lugal Ur-Namma, the founder of the III dynasty of Ur and the creator of the first law code in the history of mankind.
RUDN Journal of Law. 2013;(3):108-115
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Features of buddhist state and legal model in the modern world
Volodina N.V.
Abstract
In the Russian Federation Kalmykia, Buryatia and Tyva traditionally are "Buddhist and for the majority of citizens in these republics Buddhist values play an important role. For formation of modern model of the state and confessional relations in Russia knowledge of features of Buddhist state and legal model on examples of some countries are important. Feature of development of state legal relations in Laos, Sri Lanka, Thailand that the Buddhism — is the state religion, but at the same time constitutions indicate separation of the Buddhist organizations from the state. When forming the state and confessional relations in Japan there was a special system of religious pluralism. Long time Japan was isolated from the Western world, and Japanese society developed by the traditions. The considered modern states try to apply modern model of transformation of society regarding declaration of a freedom of worship and religious pluralism, and also following to the universally recognized norms of international law.
RUDN Journal of Law. 2013;(3):116-123
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History of development of intellectual property law. First acts concerning questions of rights of the authors
Ponkin I.V.
Abstract
The article is devoted to the history of the origination and development of of copyright in the various countries of the world. We describe the first known sources of copyright law, the first legal acts relating to the question of copyright.
RUDN Journal of Law. 2013;(3):124-129
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The doctrine about state right subjectivity in the theory of state law of Germany
Kucherenko P.A.
Abstract
In the article author considers various theories of the state and the right, the doctrine about state right subjectivity in the theory of state law of Germany. Various opinions are presented.
RUDN Journal of Law. 2013;(3):130-141
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The general outlook of the French model of administrative justice
Soloviev A.A.
Abstract
The article deals with the contemporary system of administrative justice in France.Based on the French agenda the author defines the notion of administrative justice, touches upon its history and development. The article contains an analysis of the French system of administrative judiciary as well as the description of its main parts. The author also gives a deeper insight on the legal status of administrative courts of both general and specialized jurisdiction, administrative appeal courts and the highest administrative court of France — The State Council.
RUDN Journal of Law. 2013;(3):142-151
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Administrative-legal status of public associations in the Republic of Tajikistan: state registration issues
Volkov A.M., Sanavvarov G.B.
Abstract
The basic principles of the state registration of public associations explores some of the peculiarities of legal regulation of the procedure of their reorganization and liquidation as private actors administrative relations.
RUDN Journal of Law. 2013;(3):152-160
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The problem of definition of an «executive» in the administrative legal methods of corruption counterwork in the Republic of Tajikistan
Ibragimov S.I., Urunova S.A.
Abstract
The actual problem of definition of an «executive» is raised in the article. The analysis of law of the Republic of Tajikistan committed to define this term, and there were made contradictions points to each other. Referring to scientific sources in the corruption counterwork contest the author's position is justified on the need of the concept including the official executive and officials activity scopes which is not within the public service. The offers about the improving of the term «executive» were made by the author. The formulation of this term that is in the interest of corruption counterwork was made by the author.
RUDN Journal of Law. 2013;(3):161-168
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The development of system of social protection as an example of the administrative region of Italy — Molise
Khomchenko E.O.
Abstract
Legal provision of social protection is not fully realized in Russia. Actual question is the development of proposals for improvement of Russian legislation in this area. The article is devoted to process of social protection by the example of the Italian experience.
RUDN Journal of Law. 2013;(3):169-178
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Obligatory precedent in judicial reform in Brazil
Marchuk N.N.
Abstract
In the article the author considered questions of obligatory precedent in judicial reform in Brazil.
RUDN Journal of Law. 2013;(3):179-190
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Strict liability ultra-hazardous activity in the doctrine and law-enforcement practice of the USA
Rumyantsev M.B.
Abstract
The article embraces the approaches of the USA jurisprudence and law enforcement practice towards the concept of ultra hazardous / abnormally dangerous activity. The criteria, allowing to differentiate situations in which the tortfeasure is liable to a strict liability, or to responsibility for negligence are being touched upon.
RUDN Journal of Law. 2013;(3):191-203
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Participation of Ukraine in the formation of the international legal framework of the environmentally-friendly energy
Belotsky S.D.
Abstract
This article analyzes the legal framework of the environmentally-friendly energy emerging in the international law. The participation of Ukraine in this process is considered. The article reviews the legal basis for cooperation between Ukraine and the European Union, as well as a part of the Energy Charter Treaty and the Energy Community. The article investigates a number of bilateral agreements on the development of various aspects of the environmentally-friendly energy.
RUDN Journal of Law. 2013;(3):204-214
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Legal regulation of sport in Australia: challenges of combating violence
Botnev S.V.
Abstract
This article examines the current problems of state regulation of violence in sport in Australia. Made suggestions about the development of a unified state policy in the sphere of legal regulation of sport in the implementation of sanctions which the government would be applicable in respect of acts of violence in contact sports. Proved the need for specialized legislation for the successful resolution of the problem.
RUDN Journal of Law. 2013;(3):215-220
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Features of administration of radio, tv and internet broadcasting of sport events
Kouznetsova A.M.
Abstract
Article is devoted to features of the regulation of TV, radio and Internet broadcasts of sporting events, as well as the study of legal regulation of rights to these broadcasts.
RUDN Journal of Law. 2013;(3):221-228
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Study the principles and concepts of international environmental law
Kafaei Far M.A.
Abstract
Almost all principles of international environmental law are used in order to proof the concept of sustainable development: Sovereignty principle over natural resources, principle of commitment to collaboration, informing and assistance in environmental emergency situations, The principle of protection and preserving of the environment, principle of obligation to pay compensation by polluting the environment, Precautionary principle and the principle of prevention. Although they have different degrees of binding, this principle must be viewed in a single set, because each principle completes the other. The concept of sustainable development is seen, directly and explicitly, among concepts of international environmental law more than the principles. This research examines the principles in addition to the concepts relating to sustainable development in international environmental law.
RUDN Journal of Law. 2013;(3):229-243
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Territotial integrity of states and its guarantee: theoretical-legal and international-legal dimensions
Ostroukhov N.V.
Abstract
The are analised principle of territotial integrity of states as one of the general principles of the modern international law and also studied the main theoretical-legal and international-legal bases of this principle in the actual.
RUDN Journal of Law. 2013;(3):244-254
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The respect of human rights and other requirements of legality of functions of multinational corporations
Tarasova L.N.
Abstract
Multinational corporations’ lawfulness is very important today due to the huge role they play on the present international market. The article analyzes the main international law acts, which consolidate multinational corporations’ obligations before receiving states including the respect of human rights. The author considers the fulfillment of these obligations as the main requirement of the legality function of multinational corporations.
RUDN Journal of Law. 2013;(3):255-269
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The right to health in international law: history of formation
Belousova A.A.
Abstract
The article is devoted to history of the formation of the right to health in international law. The study is based on an analysis of the origins of the right to health in conjunction with the factors contributing to the construction of the right to the level of international treaty norm.
RUDN Journal of Law. 2013;(3):270-278
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Legal regulation of general aviation (formation and development)
Hergott A.A.
Abstract
The article covers research of historical formation process and development of non-commercial aviation. The article also covers the current issues, preventing the further development of this aviation and provides the solutions therefor.
RUDN Journal of Law. 2013;(3):279-288
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On the 40-th anniversary of Washington convention on international trade in indangerous species of wild fauna and flora
Kopylov M.N., Merkulova K.A.
Abstract
The article deals with the least known for russian readers provisions of the Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora, which in 2013 became 40 years old. In particular, provisions of the Convention relating to the issuance of permits and licenses, as well as the security of documents are disclosed. Specific examples of the implementation of the requirements of the Washington Convention into national law are taken from the practice of the ASEAN, where the Center for Biodiversity operates and a network of law enforcement agencies of ASEAN Member States to protect wildlife (ASEN-WEN) is established.
RUDN Journal of Law. 2013;(3):289-300
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Some features of official business style in the French language
Meshkova I.N.
Abstract
The article examines stylistic resources of French on lexical, morphological and syntactic levels and some features of one of major functional styles of modern French language — the official business style. The author emphasizes the importance of using lexical and grammatical units of the official business style to ensure the semantic accuracy of documents.
RUDN Journal of Law. 2013;(3):301-308
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The book that was waited: Review of the book written M.A. Supataev «To problems of civilizational approach to law:Essays on general theory and practice» (Moscow: «Yurlitinform», 2012. 143 p.)
Muromtsev G.I.
Abstract
RUDN Journal of Law. 2013;(3):309-316
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Review of the textbook written by V.V. Grebennikov, P.A. Kucherenko and B.V. Sangadzhiyev «Judicial authority and law-enforcement activity in Russian Federation» (Moscow, 2013)
Grudtsyna L.Y.
Abstract
RUDN Journal of Law. 2013;(3):317-318
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Review of the textbook written by V.K. Filatov «Bases of the social state» (Moscow, 2013)
Rozhnov S.N.
Abstract
RUDN Journal of Law. 2013;(3):319-320
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Our authors
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Abstract
RUDN Journal of Law. 2013;(3):321-325
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