No 4 (2013)

Cover Page


Questions of state security in the political and legal doctrine: history and present

Iroshnikov D.V., Sangadzhieva K.V.


In the article evolution of approaches to understanding of state security in the history of political and legal doctrines is investigated. Besides, the historical analysis of the main approaches to understanding of state security and its providing in Russia is carried out. The author paid special attention to a current state of the doctrine of state security of the Russian Federation.
RUDN Journal of Law. 2013;(4):7-15
pages 7-15 views

History of constitutional and legal development of the right to business activity in Russia

Pavlov E.A.


This indicator serves as an accessor of the personality to spiritual and material benefits, mechanisms of the power, will, and at the same time it is an indispensable condition of improvement of the individual, consolidation of its status and independence. Human rights didn't arise artificially or by itself. They were created as a result of the numerous historical reasons, and these reasons arose from the ripened need of the person for free use of opportunities available for it: to work, think, speak, be engaged in creativity. Human rights arose not only thanks to available need of the person for realization of for the state, but also as a certain counterbalance to the state.
RUDN Journal of Law. 2013;(4):16-23
pages 16-23 views

Public administration: logic of scientific research and modernization strategy

Ohotskiy E.V.


The article covers the retrospective analysis of scientific basics and efficient means with respect to the implementation of the most qualitative model of public administration in the context of modern environment.
RUDN Journal of Law. 2013;(4):24-43
pages 24-43 views

Development of constitutional and legal bases of public administration in system of the current legislation

Mironov A.L.


Effective control and supervising forms of activity of public authorities give necessary dynamism to transformations occurring in the country, become one of decisive factors of deepening of real democratism, creation of the constitutional state and formation of civil society. Activities of authorized bodies of the power for implementation of the state control need comprehensive and careful standard regulation, formation of harmonous and clear system of the national legislation for what the state defines conditions, develop and create the corresponding legal guarantees and means, install legal mechanisms of implementation of the state control in all territory of the Russian Federation.
RUDN Journal of Law. 2013;(4):44-51
pages 44-51 views

Concept of e-government in the new model of public administration

Ponkin I.V.


The article is devoted to the investigation of the concept of e-government. Identified strengths and weaknesses of the concept of e-government. Examined the existing scientific debate around the concept of e-government as one of the elements of a new model of public administration.
RUDN Journal of Law. 2013;(4):52-58
pages 52-58 views

Legal support of local self-government institutions of representative democracy: the features of municipal regulatory regime

Dzhagaryan N.V.


The author’s substantiation of relatively independent legal regime of municipal regulation of public relations of representation, emerging in the system of local self-government, is carried out. On the basis of the analysis of the contemporary doctrine and application of various methods of research the main features of this legal regime are considered and formulated.
RUDN Journal of Law. 2013;(4):59-68
pages 59-68 views

The economic basis of local self-government and its impact on the territorial organization of municipal government

Korosteleva M.V.


This paper considers a key trend of the territorial organization of local self-government at the present stage of the municipal reform associated with the consolidation of municipalities as a result of their association, and analyzes the impact of the economic basis of local self-government in the process.
RUDN Journal of Law. 2013;(4):69-78
pages 69-78 views

The evolution of institute of public events in Russia

Gagloev D.V.


The article is devoted to the some actual problems of the origin, formation and evolution of public events in Russia at the different stage.
RUDN Journal of Law. 2013;(4):79-90
pages 79-90 views

Limited capacity of the normative-legal regulation of social relations: theory and practice

Subochev V.V.


The article is devoted to the research of objectively existing limits of regulating potential of law. The dialectics of the interests of the individual, society and state is analyzed, ways of reflecting of different interests of public relations’ participants in law are investigated.
RUDN Journal of Law. 2013;(4):91-100
pages 91-100 views

Some theoretic — legal aspects of convergence of public and private norms of law

Kuznetsov M.N.


The article is dedicated to investigation of devision of law in public and private systems. In the anthor’s view such devision is conditional and is useful only for educational purposes. The convergence proofs the uniform of tasks, functions and aims of law and the devision of law on systems and brunches are purely nominal.
RUDN Journal of Law. 2013;(4):101-110
pages 101-110 views

Particular qualities of law enforcement functions of prosecution under current conditions

Kurtser K.M.


The article discusses the features of the law enforcement functions of the Prosecutor's Office. Shows its close relationship with the human rights function. Disclosed the value of law-enforcement function for the innovative development of the Russian economy. Formulated conclusions about the specific law enforcement functions of prosecution at this stage.
RUDN Journal of Law. 2013;(4):111-116
pages 111-116 views

How to apply the basic principles of civil legislation in judicial practice?

Ryzhenkov A.Y.


The mechanism of realization of principles of Russian civil law in court practice is examined in the article. The main ways of applying the basic principles of the civil legislation are described, the model of «analogy of law» enshrined in the Civil code is criticized.
RUDN Journal of Law. 2013;(4):117-124
pages 117-124 views

Current issues of legal status of foreigner citizens in the Russian Federation

Galushkin A.A., Kasa I.


In the above article current issues of the legal status of foreign citizens in Russia at the present stage are discussed, also practice and field problems are researched. Authors present personal ideas on problems solutions
RUDN Journal of Law. 2013;(4):125-133
pages 125-133 views

The features of legal support, realization and protection of intellectual property rights in the field of sport

Kouznetsova A.M.


The article investigates the features of legal support, realization and protection of intellectual property rights in the field of sport.
RUDN Journal of Law. 2013;(4):134-141
pages 134-141 views

Legal protection of copyright when writing the dissertations work for the degree and Ph.D

Tishshenko T.A.


The author assesses the innovations in the field of copyright protection are considered organizational and legal aspects of the protection of copyright in writing of the thesis for the degree of candidate and doctoral degrees.
RUDN Journal of Law. 2013;(4):142-148
pages 142-148 views

The master’s power of employer and disciplinary power of employer: interrelation of terms

Valetskaya O.V.


The institute of labor discipline is one of the main institutes of the labor law, because productive labor is provided by necessarily of conscientious realization of labor duties, following standards of behavior of employer and employee. In the modern science and law practice for the designation of the employer’s power in the labor disciplinary sphere such terms, as «master’s power of employer» and «disciplinary power of employer» are used. The aim of the article is the determination of the unified term, based on the comparing analyzing (etymological, historical, legal) of these two terms.
RUDN Journal of Law. 2013;(4):149-157
pages 149-157 views

Legal cultures and legal systems in comparative researches

Muromtsev G.I.


The article is devoted to the following methodological problems of comparative studies of legal systems and legal cultures: subject and object of such studies, correlation of the concepts “legal system” and “legal culture”, methodology of comparison, method of lack-in-comparison etc. The author also gives prove to the cultural-historic approach in such studies.
RUDN Journal of Law. 2013;(4):158-165
pages 158-165 views

Comparative legal studies and legal culture typology

Nemytina M.V.


The author examines the methodological problems of comparative legal studies, focusing on the possibilities of the use socio-cultural approach and legal culture typology.
RUDN Journal of Law. 2013;(4):166-173
pages 166-173 views

The interaction of legal cultures in the historical process

Sokolskaya L.V.


The author of this article substantiates the view that the historical process is a multi-process interaction of cultures of different societies which results in the development and formation of legal cultures.
RUDN Journal of Law. 2013;(4):174-181
pages 174-181 views

Constitutionalism: comparative legal analysis

Fedorov M.V.


The author examines the problems of comparative analysis of the constitutionalism.
RUDN Journal of Law. 2013;(4):182-195
pages 182-195 views

Socio-cultural legal space of Russia

Nesterenko L.S.


The article is devoted to the investigation of the legal space of Russia, as well as its socio-cultural features.
RUDN Journal of Law. 2013;(4):196-203
pages 196-203 views

Features in the development of the legal system of Scotland

Grafschonkina A.A.


The article is devoted to the history of the legal system of Scotland, the factors that affected the national identity. The article contains an example of a document that describes its national sovereignty, religious aspects that influenced its self-determination as the nation.
RUDN Journal of Law. 2013;(4):204-211
pages 204-211 views

The main direction of the refinancing of the global financial system

Belov V.A.


The article is dedicated to the events of the refinancing of the financial system , which in times of crisis has significantly changed. It's necessary to create a mega-regulator and strengthen banking control at the national level . However, the uneven development of countries and the financial interests of multinational companies won't allow to complete the reorganization of the IMF and the World Bank.
RUDN Journal of Law. 2013;(4):211-215
pages 211-215 views

Transfer of copyright for works in accordance with the copyright law of France at XVIII–XIX centuries

Semivolkova A.M.


Article is devoted to the subject and characteristics of French legislation on copyright in XVIII-XIX, and features of the development of this legislation in this period.
RUDN Journal of Law. 2013;(4):216-221
pages 216-221 views

The present stage of development of freedom of contract in the Brazilian law of contracts

Costa Lasota Lucas Augusto -.


The paper analyzes the evolution of the principle of freedom of contract in the Brazilian Contract Law. Freedom of contract is not absolute, but only prima facie in coordination with the other principles, especially the social function of the contract and the good faith. We also consider the composition of the elements that compound the modern paradigm for the Brazilian Contract Law.
RUDN Journal of Law. 2013;(4):222-228
pages 222-228 views

Internal documents of corporations as a source of the legal regulation of internal corporate relations in Russia and Azerbaijan

Ifraimov V.Y.


Relationships developed in the different corporations, to a greater extent governed by its internal documents. Internal documents of corporations shall be based on the law and other legal acts are adopted by the corporation and shall apply to all subjects of internal corporate relations. In this article, the author conducts a comparative legal study of the provisions of internal corporate documents in Russia and Azerbaijan.
RUDN Journal of Law. 2013;(4):229-241
pages 229-241 views

Ensuring the rights of the accused in custody

Bakhromov I.A.


The article deals with ensuring the rights of the accused in the application against him of the custody in criminal process of Tajikistan and Russia. A special attention is paid to the problemof the provisions of the law regarding the compliance with the detention periods.
RUDN Journal of Law. 2013;(4):242-249
pages 242-249 views

Questions of standardization of the rules of law regulating activity of enterprise corporations in the USA

Weizman J.E.


The right of the USA doesn't contain legal definition of the legal entity (corporation), establishing only its main signs. The main thing from them is independence of existence of the legal entity and his participants, allowing it to enter on its own behalf in civillegal relations, both with the third parties, and with participants. Independent existence of the legal entity assumes existence at it a certain organizational structure and the isolated property, and also its ability to act as the claimant or the respondent and to bear independent property responsibility. Work on standardization of the legal acts concerning enterprise corporations in the USA is caused by a divergence, and also the arisen difficulties for the interstate communication, resulting from distinctions in legal systems of states in this sphere. As large corporations in the USA conduct the business activity in the territory of different states, extending it to all federation, they are interested in streamlining and unification of norms of the enterprise right.
RUDN Journal of Law. 2013;(4):250-256
pages 250-256 views

International Responsibility of States and the Questions of Countermeasures

Mohsen Matour -.


The Analyze of the following key questions dealing with International responsibility of states and the status of countermeasures in this article is the main connotation, such as: exceptions to the citation of countermeasure and termination of treaty, plurality of damaged government, plurality of responsive government, citation by non-damaged governments, responsibility resulted from violation of ergaomnes, appealing UN Mechanisms, countermeasures and execution guarantee in international law system, commitments resulted from international treaties, status of coordination and relationship between countermeasure and termination of treaty as a result of principal violation of the treaty, citation right of countermeasure and termination of treaty for misfeasor government, governments with citation rights of countermeasure and termination of treaty as a result of principal violation, time realm of countermeasure and termination of treaty as a result of principal violation, status of suitability principle in the citation of countermeasure and termination of treaty, citing international responsibility of government.
RUDN Journal of Law. 2013;(4):257-267
pages 257-267 views

The second Universal Periodic Review of the Russian Federation

Abashidze A.K., Adu Y.N.


The article analyses the fulfilling of the second Universal periodic Review by the Russian Federation as an international obligation. It expresses also the achievements in the ground of human rights protection by Russian Federation and the claims from the international community to Russia.
RUDN Journal of Law. 2013;(4):268-272
pages 268-272 views

Nationalization or other forms of forced withdrawal of foreign ownership: international legal description

Danelyan A.A.


The article is devoted to the issuesof force devictions in the form of nationalization, expropriation, requisition, confiscation, etc. We study the existing doctrine in international law and State practice approaches to these institutions, as well as a comparative analysis of the seforms of deprivation of property.
RUDN Journal of Law. 2013;(4):273-280
pages 273-280 views

The genesis of the international legal protection of the environment in Africa

Diomande Dro Hyacinthe -.


The article deals with the genesis of the international legal protection of the environment in Africa. The article examines the activities of the regional inter-governmental organizations (OAU and the African Union), as well as bodies (AMCEN) and the NEPAD program to maintain environmental security in Africa in the XX century and in the beginning of the XXI century. The author made conclusion about the need to strengthen joint action by all regional actors in order to strengthen the protection of the environment in Africa.
RUDN Journal of Law. 2013;(4):281-292
pages 281-292 views

Right to information: modern approach in international law

Zabara I.M.


Article deals with the contents of the concept of right to information. The author examines the doctrinal views on the content of right to information. The author examines a modern interpretation of the right to information.
RUDN Journal of Law. 2013;(4):293-301
pages 293-301 views

How the UN governing function in the field of environmental protection has been formed

Kopylov M.N., Kopylov S.M., Mohammad S.A.


The article is the first attempt in the Russian science of the international environmental law to analyze the results of the first UN Conference on Environment Protection issues — The 1949 UN Conference on the Conservation and Utilization of Resources. A parallel is drawn between the goals and objectives of these Conference and those environmental problems that are in the focus of the international community at present time. The influence of the 1949 Conference on the 1972 Conference on the Human Environment is traced.
RUDN Journal of Law. 2013;(4):302-308
pages 302-308 views

«Unification» of Bessarabia with Romania in the light of international law

Burian A.D., Nazaria S.M.


The article considers the international legal problems of unification between Bessarabia and Romania under Romanian military occupation in 1918.
RUDN Journal of Law. 2013;(4):309-316
pages 309-316 views

University networking in training for public service intepreting and translating: present and future

Carmen Valero-Garcés -., Atabekova A.A.


The article highlights the social demand for public service interpreters and translators, studies key methodological and administrative aspects that are to be discussed when launching the university-based network of masters' programs on Public Service Interpreting and Translation (PSIT). The University of Alcalá de Henares(Madrid, Spain) and the Peoples' Friendship University of Russia (Moscow, Russian Federation) are taken as examples to share the experience.
RUDN Journal of Law. 2013;(4):317-325
pages 317-325 views

Teaching the English language communication in human rights activities

Emelyanova T.V.


The paper touches upon the subject of teaching law-students of non-linguistic Universities English for special purposes (ESP), in particular, professional communication in the field of human rights activities. Brief review of human rights practices is given here. Analysis of English terminological set expressions, accentuating membership of some definite international organizations and bodies, legal instances specificity, and some innovative nature inherent to these legislative institutions is made. Teaching law-students make good use of adequate terminology in the English language communication in the field of human rights activities is crucial for a present-day ESP-teacher of non-linguistic Universities.
RUDN Journal of Law. 2013;(4):326-331
pages 326-331 views

Professionalization of Court interpreting

Vasilenko L.Y.


The article focuses on identification and examining the factors that allow to consider court interpreting as an independent profession. The article also highlights the specificity of court interpreting as a professional activity in legal settings.
RUDN Journal of Law. 2013;(4):332-336
pages 332-336 views

Course of further training of law faculty academic teaching staff «Realization of master’s programmes in English»

Stepanova V.V., Emelyanova T.V.


The article is focused on the issues of developing and running the courses of further training of law faculty academic teaching staff in Peoples’ Friendship University of Russia “Realization of Master’s Programmes in English”. The authors highlight the relevance and great current interest of the course, suggest analysis of its structure and practical realization and outline further steps for its development.
RUDN Journal of Law. 2013;(4):337-341
pages 337-341 views
pages 342-345 views

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RUDN Journal of Law. 2013;(4):346-350
pages 346-350 views

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