No 1 (2015)

Cover Page

Articles

The constitutional-monarchical tradition in political culture of Russian Empire

Tomsinov V.A.

Abstract

The article deals with the problem of historical byway attempts to convert the autocracy in Russia into a constitutional monarchy. Such attempts have been made in the Russian Empire during the XVIII and XIX centuries, beginning with the reign of Anna Ivanovna and constitutional projects developed with Catherine II. State reform was prepared at the beginning of the XIX century in the reign of Alexander I, then under the direction of M. Speranskii preparing a number of similar projects aimed at the creation in Russia of the constitutional order. Reasons for the failure of the proposed reforms are analyzed in detail in this article.
RUDN Journal of Law. 2015;(1):5-11
pages 5-11 views

Human Capital in the Deep Ecology Paradigm

Vasilenko V.I., Kretov S.I., Fedorov M.V.

Abstract

The article is devoted to the analysis of the crisis of civilization in the context of the theory and history of state and law, which is systemic. The authors believe that the way out of this crisis is possible only through the formation and transition to a new, more progressive Humanistic socio-economic system as a basis for creating a new state and legal system.
RUDN Journal of Law. 2015;(1):12-18
pages 12-18 views

The need to form centralized organs of social control in the procedures of the federal state control (supervision) of educational organizations

Bukalerova L.A., Shagieva R.V.

Abstract

This paper is devoted to one of the directions of the relationship of civil society and the state - public control over the executive authorities in the management of the entity. Effectiveness of the agencies of social control depends on a clear centralized structure, proposals for the creation of which is formulated by the authors of this article.
RUDN Journal of Law. 2015;(1):19-23
pages 19-23 views

Preliminary investigation in criminal procedure of Russian Federation

Makhov V.N.

Abstract

The article deals with the analysis of two exclusive institutes in preliminary investigation in criminal procedure of the Russian Federation, a stage of initiation of legal proceedings and the investigator.
RUDN Journal of Law. 2015;(1):24-28
pages 24-28 views

Criminological safety in Russian national security strategy

Lapin A.A.

Abstract

This paper analyzes the problems of national security criminological means disclosed criminological patterns achieve the objectives of national security, defined significant criminological and criminological reasonable prerequisites for the formation and implementation of national security strategy in the relationship and interaction with other types of safety.
RUDN Journal of Law. 2015;(1):29-36
pages 29-36 views

Protection of girls as a vulnerable group under International Law

Alisievich E.S.

Abstract

The article deals with the protection under the contemporary international law of girls as a vulnerable group. Notion «vulnerability» and «vulnerable groups» are analyzed as well as the factors affecting the degree of vulnerability of individuals and criteria to consider girls as a vulnerable group. The article covers the rationale for allocating a special group of girls in order to develop the most effective measures to prevent and combat widespread practice of violating the rights of girls. A number of international treaties and documents provisions devoted to girls are analyzed. There is a list of human rights violations girls are usually victims of (violence, economic exploitation, social exclusion) and specific examples of such violations. Particular attention is paid to the problem of discrimination of girls, including factors influencing the development of practice of discrimination against women and girls, possible ways of eradicating the relevant harmful practices are suggested, statistical evidence on the relevance of the issue in question are given.
RUDN Journal of Law. 2015;(1):37-49
pages 37-49 views

The interrelation of the right to education and the right to freedom of conscience at the example of the ban on hijabs in schools

Semenova N.S.

Abstract

Russia has faced a problem of wearing hijab in educational organizations only two years ago, while in Western Europe the debate on this issue does not subside for 30 years. Due to the fact that the common position has not been worked out, it seems important to examine compliance of the ban on wearing Islamic headscarves in educational institutions with international legal acts enshrining the right to education and freedom of conscience and religion; to analyze a position of the Russian Federation at the example of specific legal measures taken to solve the situation in the Stavropol region, that will be discussed in this article; as well as to analyze the opinion of the European Court of Human Rights stated in the case «Leyla Sahin against Turkey» (2005).
RUDN Journal of Law. 2015;(1):50-63
pages 50-63 views

The negative impact of unilateral coercive measures on human rights, development, cooperation, international relations

Abashidze A.K.

Abstract

This paper presents abstracts of Prof. Abashidze’s speech at the International Seminar on the Impact of Economic and Financial Sanctions on the Enjoyment of Human Rights (Islamic Republic of Iran, Tehran, 15 December 2014). The main conclusion, made by the author is the following: in frames of globalization, the more interrelatedness and interdependence of States, the unilateral application of coercive measures (sanctions) of economic and financial character by States or group of States and the consequences of these sanctions should be qualified as a factor undermining the pillars of the system of collective security based on the UN Charter.
RUDN Journal of Law. 2015;(1):64-69
pages 64-69 views

On the way to the development of a new concept of the judicial system in the Russian Federation

Grebnev R.D.

Abstract

In the article the author analyzes the judicial reform in Russia at the present stage and summarizes background improving the legal framework of the judicial system on the basis of the experience gained over a period of two decades of practice of justice. The text presents scientific calculations of the content of the basic ontological characteristics of the Russian judicial system. The author of the article attempts to suggest which scenario will continue to reform the judicial system in Russia. A special place in the study, the author devotes on the constitutional foundations of the new judicial system, entailing significant changes in the theory of constitutional law. The article deals with the concept of "procedural law". The author evaluates the role and place of public prosecution in the state organs, preventing the possibility to interpret the action as lawmakers attempt to create a forensic prosecutorial branch.
RUDN Journal of Law. 2015;(1):70-74
pages 70-74 views

The formation position of counsel in cases related to traffic accidents

Domanov V.N.

Abstract

The article presents a brief analysis of cases of road traffic accidents, classification disputes about compensation of the harm theoretical problems of formation of the legal position of the lawyer in a civil case, as well as practical aspects of the formation of the legal position on the disputes on compensation of damage.
RUDN Journal of Law. 2015;(1):75-85
pages 75-85 views

Key note: Code of Administrative Court Procedure should be adopted without delay

Yastrebov O.A.

Abstract

In this article the author analyzes the position of the institute of administrative justice in the modern world. An in-depth analysis of historical legal acts regulating administrative proceedings, also author analyzes modern federal legislation.
RUDN Journal of Law. 2015;(1):86-91
pages 86-91 views

Formation of International Integration Law

Mamedov A.A.

Abstract

The article examines the international legal integration regulation of relations in the sphere of economics and finance context of globalization. The modern era - an era of globalization, which includes the highly dynamic development of integration processes in various areas of activity of the state. Globalization is an objective the emergence of supra-national / transnational elements of legal regulation. More and more questions of domestic jurisdiction transferred to the states under the international legal regulation. In the context of globalization in the development of the law is a tendency of formation of international integration law. Therefore, considering the legal regulation of relations in the sphere of economics and finance in the modern period, we can not ignore world integration processes as a result of globalization.
RUDN Journal of Law. 2015;(1):92-102
pages 92-102 views

Review of the textbook S.Y. Kashkin, A.O. Chetverikov «Fundamentals of Integration Law» (Moscow: Prospect, 2014. - 224 P.)

Belov V.A.

Abstract

The paper is dedicated to the analysis of a new direction in the law, the textbook «Fundamentals of Integration Law», an analysis of new proposals and determining the integration of science, law, the possibility of creating and teaching a new discipline-integration law, its history and development prospects.
RUDN Journal of Law. 2015;(1):103-108
pages 103-108 views

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RUDN Journal of Law. 2015;(1):109-110
pages 109-110 views

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