No 3 (2012)

Cover Page


The socialist doctrine as the component of the neoliberal political and legal doctrine at the turn of the XIX–XX centuries

Popova A.V.


Processes of convergence of theoretical installations of liberalism and socialism in the neoliberal political and legal doctrine which appeared at the end of XIX — the beginning of the XX centuries are analyzed in the article. The author comes to a conclusion about possibility of the use of so-called «social liberalism» in modern Russian ideology.
RUDN Journal of Law. 2012;(3):5-13
pages 5-13 views

Legal groundwork for the protection function of the Russian Federation at the turn of XXI century. Brief survey

Novak Y.I.


The paper gives a brief analysis of the Russian legislation regulating the State activities in the field of defense and the performance of active duty
RUDN Journal of Law. 2012;(3):14-23
pages 14-23 views

Constitutionalism, legitimateness and ustavnost as legal categories

Yaroshenko N.I.


The article deals with a little-studied actual issue of Constitutional Law in Russia characterized by a scientific novelty. In the absence of a clear regulatory consolidation of the objects of normative control and ambiguities with the criteria of a legal act, in practice there are difficulties with their appeal to the appropriate court, and as a result the process of forming a judicial constitutionalism in Russia faces difficulties. The analysis is based on historical documents, laws of foreign countries and the existing legal proposition of the Constitutional Court, which had a real impact on the formation of the institute of normative control in Russia.
RUDN Journal of Law. 2012;(3):24-33
pages 24-33 views

Constitutional guarantees of transparency and openness of court proceedings in Russia

Sangadziev B.V.


The article studies the problem of realization of the constitutional guarantees of state protection of human rights on the example of such procedural conditions, as the publicity of justice. This problem is considered in three areas: transparency of court procedures, availability of court decisions and their logical transparency, clarity of perception.
RUDN Journal of Law. 2012;(3):34-41
pages 34-41 views

The legal aspects of vesting the local government public powers in the social sphere

Zabelina E.P.


The article examines the legal aspects of vesting the local government public powers in the social sphere. Author allocates particular order granting local governments with certain state powers in the Russian Federation on the basis of the current federal and regional legislation.
RUDN Journal of Law. 2012;(3):42-50
pages 42-50 views

The guarantee of rights of the criminal proceedings participants during the before criminal proceedings cooperation agreement conclusion

Kondrat I.N.


The article is devoted to the problems of the guarantee of rights of the criminal legal proceedings participants during the before criminal proceedings agreement conclusion. The problems being connected with legislative adjustment of the above-mentioned proceedings institutions are examined. The variants of eliminations of the above-mentioned problems with the point of view human rights guarantee in criminal proceedings are offered.
RUDN Journal of Law. 2012;(3):51-59
pages 51-59 views

The role of international organizations in the development of local self-government

Ezhevski D.O.


It is therefore difficult to predict the future of local government, particularly as the various factors shaping its destiny stem from various sources. Indeed, local authorities must respond to a range of shifting forces, including economic, demographic, social and technological change. While it is almost certainly the case that local government is today weaker than it was before, we would contend that it does not follow that local government is therefore less relevant. Indeed, the reform of local government.
RUDN Journal of Law. 2012;(3):60-64
pages 60-64 views

Models of the government relationship and local self-government (municipal authority)

Chikhladze L.T.


In article possible models of the government relationship and local self-government (municipal authority) are considered. There is the classification of models of the state and municipal authority relationship, and also defined the model operating in the Russian Federation. Examples of the «quasisoviet» model developed in some participating states of the CIS (Belarus, Kazakhstan) are besides given. The displaced (hybrid) model of the local self-government dominating both on the European space and on the participating states of the CIS is analyzed.
RUDN Journal of Law. 2012;(3):65-74
pages 65-74 views

Legal system of community and its harmonization in the European Union

Shapovalov N.I.


The material is devoted the analysis of the reasons of occurrence of legal system of the European Community and its subsequent adaptation in the European Union. The basic attention is given to research of system of sources of the right of EU. Efficiency of modern integration process depends on unification of legal system of the European Union. As integration in the long term will lead to involving in this process more and more spheres of public life of EU member states.
RUDN Journal of Law. 2012;(3):75-84
pages 75-84 views

The Constitution of Germany and the EU Law

Mescheryakova O.M.


The article is devoted to the constitution of Germany. The principle of transfer of responsibility, being one of the delimitation of competence between the EU and its Member States, specifies that the Member States have voluntarily handed over part of its competence to the European Union, and it was dedicated by Member States of the EU competence. Competence of the EU is limited and it is restricted by constitution of Member States.
RUDN Journal of Law. 2012;(3):85-91
pages 85-91 views

Donor’s passport: right or responsibility (Russian, foreign and international experiens of legal regulation)

Epanchina M.P.


The article investigates the features of legal problem of the consent in the legal regulation of approval or rejection of a potential donor in the event of his death to give their organs or tissue for transplant, enshrined in legislation in Russia, Germany, Argentina and Switzerland and some international acts.
RUDN Journal of Law. 2012;(3):92-98
pages 92-98 views

Advantages, disadvantages and risks of public-private partnership

Sazonov V.E.


The article investigates the advantages, disadvantages and risks of public-private partnership. Investigated the risks for the public partner and for the private partner.
RUDN Journal of Law. 2012;(3):99-108
pages 99-108 views

Correlation of the lex sportiva and the sports law

Ponkin I.V., Ponkina A.I.


The article investigates the regulatory structure of social relations in the field of sports. Identified approaches to defining the terms «sports law» and the «lex sportiva». The authors investigated the nature and the content of the lex sportiva, analyzed the characteristics and direction of the mutual influence of these systems of regulation.
RUDN Journal of Law. 2012;(3):109-118
pages 109-118 views

Human rights and traditional values of humankind

Kartashkin V.A.


The its article the author considers such traditional values of humankind as dignity, freedom and responsibility which are fundamental international norms and standards enshrined in universal and regional human rights agreements. The traditional values of humankind can and mast be used to promote and protect human rights towards their universal application.
RUDN Journal of Law. 2012;(3):119-129
pages 119-129 views

The principle of peaceful settlement of disputes as a remedy of ensuring international security

Emelyanova N.N.


The article discusses the history of the formation and juridical notion of the principle of peaceful settlement of international disputes as an imperative principle of international law. The role of the UN Security Council and international judicial institutions in ensuring international peace and security is shown. The features of peaceful settlement of international environmental disputes are analyzed.
RUDN Journal of Law. 2012;(3):130-140
pages 130-140 views

Georgian-Ossetian conflict in August 2008 in the light of existing international rules

Kuznetsov M.N.


The article examines four facts that took place during the Georgian aggression against South Ossetia and Abkhazia from the point of international law. It presents the author’s view on the assessment of these events and proposes a number of practical measures for the exhaustion of the conflict.
RUDN Journal of Law. 2012;(3):141-147
pages 141-147 views

Settlement of international investment disputes between states

Abashidze A.K., Kozmenko A.V.


The article analyzes investment disputes between host States and investors occurring from a breach of investment treaties. The author suggests that they can become a subject of intergovernmental dispute only by mutual agreement of the receiving State and the State of the investor. Further, the article shows that the current international agreements provide for mutual rights and obligations of investors and the investment decision as an object of international legal obligations. Violation of the rights and obligations of the host state’s investment may warrant of interstate dispute.
RUDN Journal of Law. 2012;(3):148-160
pages 148-160 views

International legal protection of cultural rights of vulnerable groups: some specific aspects

Kukin E.A.


The article analyzes the cultural rights. It is reported that the States today shall not only protect cultural rights in general, but also shall pay special attention to protecting the cultural rights of vulnerable groups (women, children, elderly, disabled, minorities, migrants, indigenous peoples and individuals living in poverty). On the basis of a number of international instruments, particularly the International Covenant on Economic, Social and Cultural Rights, concluded that international legal protection of each vulnerable group has its own specific features.
RUDN Journal of Law. 2012;(3):161-168
pages 161-168 views
pages 169-170 views
pages 171-173 views

The Manfred Lachs Space Law Moot Court Competition 2012

Solntsev A.M., Klyunya A.J., Koneva A.E.
RUDN Journal of Law. 2012;(3):174-176
pages 174-176 views
pages 177-178 views
pages 179-182 views

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RUDN Journal of Law. 2012;(3):183-185
pages 183-185 views

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