No 3 (2011)

Cover Page


State sovereignty: political and legal interpretations

Mamedov R.V.


The article is devoted to the modern concepts of state sovereignty in the context of globalization and system crisis of human civilization which shows itself in the transformation of territorial concept of state as well as in the menaces to the state itself.
RUDN Journal of Law. 2011;(3):5-11
pages 5-11 views

Features of organizational-legal maintenance of activity of federal courts of the general jurisdiction of the Russian Federation

Sаngаdzhiеv B.V.


At carrying out of administrative reform strong and independent judicial authority serves as the major guarantee formation lawful state as it not only constrains and counterbalances other branches of the government, but also is the guarantor observance them of the rights and freedom of the person and the citizen, protects a personal freedom in legal dispute man with the state.
RUDN Journal of Law. 2011;(3):12-20
pages 12-20 views

Questions of interaction of court with other law enforcement bodies

Kaitova A.R.


The author's characteristic of interaction of court with other law enforcement bodies is presented; the essence of interaction with court participation is opened; author's vision of interaction in criminal trial and organizational interaction of the basic participants of legal proceedings is offered.
RUDN Journal of Law. 2011;(3):21-28
pages 21-28 views

Fundamentals of appointment of police in the Russian Federation

Adinyaev S.I.


The article deals with the appointment of police at this stage in the Russian Federation. A comparative analysis of the definition and police officers. Carried out flaws in the statement of article 1 of the Federal Law of February 7, 2011 N 3-FZ «On Police».
RUDN Journal of Law. 2011;(3):29-32
pages 29-32 views

Constitutional justice as supreme ensuring form of judicial constitutionalism in Russia

Yaroshenko N.I.


The article deals with an actual issue - implementation of normative control in Russia and the special role of the Constitutional Court of Russia in ensuring judicial constitutionalism. It sets out the full definition of judicial constitutionalism and normative control. It shows the importance of the decisions which contain the legal position of the Constitutional Court in the legislative process and showed the competence of the Constitutional Court of Russia in the sphere of normative control through the analysis of the Court's decisions.
RUDN Journal of Law. 2011;(3):33-41
pages 33-41 views

Constitutionally-legal sense recognitions, protection and protection human advantage

Khashem T.A.


Article is devoted concept definition «human advantage» as integral part of the individual, properties of advantage of the person are considered volume definition is made of concept «constitutionally-legal institute of protection of human advantage».
RUDN Journal of Law. 2011;(3):42-47
pages 42-47 views

Phenomenology of the right to private life in the postmodern epoch: philosophical and legal aspects

Ivanskiy V.P.


In article there are considered philosophical and legal aspects of understanding of the right to private life of the phenomenological approach. The methodological base of the legal concept of the right to private life is phenomenology as the philosophy focused on transcendental «I» (in the context - the eidos of the right characterized as subjective competence).
RUDN Journal of Law. 2011;(3):48-63
pages 48-63 views

The genesis and the content of «the retale rights»

Semywolkova A.M.


The article discusses the genesis of the retale rights. The comparecence of this legal institutions is made within Russian, France, Portugal, the Great Brittan, Belgian and the USA copyright law.
RUDN Journal of Law. 2011;(3):64-71
pages 64-71 views

Self-defense a form of private property protection

Bulia N.A.


In the article, there is discussed a special form of private property protection - self-defense, different views on this issue , existed in Legal Science and my attitude towards this theme. Protection of private property, especially one of its forms - self- defense, is still current in modern world, as any of the human rights are violated every day and the right of private property is among them. On this I assume, that this issue has not lost its relevance.
RUDN Journal of Law. 2011;(3):72-83
pages 72-83 views

Public law regulation and practice of arrangement of banking syndicated loans in Russia

Svyatobogov A.V.


This article is devoted to some financial law regulation aspects of banking syndicated loans, special characteristics of their arrangement in Russia and some issues of banking supervision in this field of legal relations.
RUDN Journal of Law. 2011;(3):84-90
pages 84-90 views

Mediation's program in the criminal justice system of the Anglo-Saxon countries

Vasilenko A.S.


The subject of the article is mediation in the criminal justice system of the Anglo-Saxon countries. The article covers history of mediation in those countries and includes different programs aiming at reconciliation between perpetrators and their victims. In addition, a step-by-step description of the mediation procedure is given, as well as mediation procedures practiced by the Russian criminal justice system are described.
RUDN Journal of Law. 2011;(3):91-98
pages 91-98 views

The land servitudes in the law of continental Europe

Byshkov P.A.


The article discusses the genesis of servitude rights on land in the right countries of continental Europe. Provides an analysis of certain types of servitudes. We study the order of their occurrence, termination, as well as their content.
RUDN Journal of Law. 2011;(3):99-106
pages 99-106 views

Commercial disputes proceedings at Japan commercial arbitration association

Rusakova E.P.


The article analyzes the diversity ways of solving commercial disputes in Japan. The International Commercial practice of Japan commercial arbitration association are described. The author researches sources of legal regulation of foundation and function, the order of arbitration procedure, the arbitration agreement and the decisions execution of JCAA.
RUDN Journal of Law. 2011;(3):107-114
pages 107-114 views

Creation specialized authorities in the USA for development modern system of mortgage lending

Kireev I.I.


This article describe questions of creation specialized authorities for the construction of modern system of mortgage lending, the status, powers, tasks and mechanisms of interaction.
RUDN Journal of Law. 2011;(3):115-123
pages 115-123 views

Arizona's model of systematization of sports legislation

Soloviev A.A.


The present article is related to analysis of systematization model of the sports legislation existed in State of Arizona (USA). The author reviews the key laws on the matter paying attention to the Title 5 «Amusements and Sports» of Arizona Revised Statutes, conventionally named as «Sports Code» of Arizona, defines the key peculiarities of the mentioned law and makes the conclusion that the legal constructions provided in this law might be applied in Russia for the purposes of perfection of legal regulation of mass sport in Russia.
RUDN Journal of Law. 2011;(3):124-130
pages 124-130 views

International control and observance of Human Rights

Goltyaev A.O.


The thesis is devoted to analysis of process of standing and development of the international control in the field of human rights. The conceptional and normative bases of international control on human rights witch set up in the framework of the UN' system, OSCE and CE are analyzed in this work. The special attention is given to analyses of activities of the existing of the UN's human rights mechanism, such as HRC, UPR, special proceeding, treaty bodies.
RUDN Journal of Law. 2011;(3):131-139
pages 131-139 views

International law and domestic law basis of minimization and liquidation of terrorism and other grave crimes

Troitskiy S.V.


This article is dedicated to international legal and national legal basis of minimization and liquidation of serious crimes consequences, particularly terrorism and extremism. In the article essence of new component of international legal crime counteraction - minimization and liquidation of serious crimes consequences - is disclosured in general. In this article theoretical suggestions on improvement of crime counteraction system are taken up. It is paid attention to activization of international collaboration between governments, inter-governmental and non-governmental organizations on all types of questions related to minimization and liquidation of serious crimes consequences.
RUDN Journal of Law. 2011;(3):140-147
pages 140-147 views

The international and legal regulation in the sphere of struggle with legalization (laundering) of money obtained illegally, its impact on the national legislation

Denisov I.K.


The article made an analysis of various scientific approaches to the interpretation of certain provisions of international legal acts, acts of national legislation on regulation of the struggle and the international community against transnational laundering of proceeds of crime. In this context, we consider the problem of the Russian Federation legislation preventing the development of mechanisms making ownership of property and money obtained by criminal channel.
RUDN Journal of Law. 2011;(3):148-156
pages 148-156 views

Struggles against international tax infringements in international tax law: methods and measures

Murzagaliev E.C.


The author of this article is offer to strengthening international legal base (foundation) of international tax crime sphere by international contracting and by agreement with foreign states, and to create the international tax court and interdepartmental, international analytical body for the purpose of working out of measures on struggles against international tax infringements.
RUDN Journal of Law. 2011;(3):157-168
pages 157-168 views

Certain requirements for jurisdiction of the International center for settlement of investment disputes

Kozmenko A.V.


The article examines fundamental requirements necessary for jurisdiction in arbitrations within International centre for settlement of investment disputes. The article analyzes such jurisdictional requirements as nature of a dispute, nationality of parties to disputes as well as nature of consent to submit a dispute to ICSID. The relevant provisions of the Convention on the Settlement of Investment disputes between States and nationals of other States as well as related case have been analyzed.
RUDN Journal of Law. 2011;(3):169-178
pages 169-178 views

Scientific events of the PFUR Faculty of Law (March - May 2011)

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RUDN Journal of Law. 2011;(3):179-181
pages 179-181 views
pages 182-184 views

Our authors

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RUDN Journal of Law. 2011;(3):185-186
pages 185-186 views

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