No 4 (2012)

The article summarizes the experience of reforms, carried out in Russia in the second half of the nineteenth century by the government of Alexander II, there are given the estimation of the modernization of state and legal institutions in the focus of these reforms and proposed the general recommendations for the reform strategy in Russia.

The article refers to the history of the legal regulation of the artel as one of traditional forms of collective organization of small-scale production, which acquired a new quality in terms of deployment of cooperative paradigm in the early 20th century. The author shows how the artel, not previously coordinated by the written law, obtained with adoption of the new model Charter the legal framework for associations which allowed to preserve guarantees of traditional values and at the same time created conditions to organize economic and legal relations of partnerships' members, capital and government.

This article aims to study the experience of the renewal of society in Russia as well as in other countries. Successful models of modernisation are analysed. The problem set out is that of discovering one’s own resources for renewal as a necessary condition for societal stability. It notes that the process of renewal is, in every society, a most complex testing one and reaches the conclusion that within the culture of every society there are channels (values) for renewal, by means of which each people can lay its own (traditional) course for modernisation that involves fewer conflicts.

The article analyses legal approaches to the public private partnership as the form of interaction between public institutions and business, there are outspoken concrete proposals and recommendations related with the perspectives of its development in Russia.

In this article the author defines the subjects of forming public policy. The author makes decision that the solution of this problem can’t be answered by a single authority. The problem of creating a «law-making policies of the Institute» is considered here. The author defines the role of the federal ministries in shaping public policy and says about their main functions and tasks. The author provides an answer to the question: what kind of public policy implemented by departmental rules?

As the condition of the Russia’s accession to the OECD is Russian environmental legislation harmonization with the OECD countries legislation. OECD requirements about necessity of Russian normative legal acts perfection actually served as incentive of environmental legislation reforming.

The article is dedicated to the relevant theoretical and practical problems of the development of the national payment system in Russia as a new problem of the Central Bank. Because of that the institutions of the financial law of Russia have to be changed — budget, tax, currencyand payment technology.

In this article social and psychological problems of resocialization and rehabilitation of persons condemned for criminal offenses at minor age are considered. The factors strengthening and reducing further criminalization of minors are analyzed. Statistical data of conditionally condemned teenager groups who subsequently appeared in jail are given. Various forms of socially focused and psychological work with teenagers who are in conflict with law and are at different stages of contact with law-enforcement organizations are analyzed. Experience of various non-governmental organizations on implementation of positive concepts of work with condemned in places of imprisonment and after release is presented. Basis of the analysis of Russian psychologist’s works and achievements of juvenile system of Germany the justification of need for creation of institute of support of process of post-penitentiary adaptation of persons condemned to imprisonment at minor age is given.

The article is devoted the first national constitution of Spain — the Kadiss constitution of 1812 accepted 200 years ago, and its influence on the Latin American constitutionalism. The basic attention is given to the analysis of features of the Kadiss constitution and its specific institutes apprehended in some countries of Europe and Latin America.

The article analyzes the diversity ways of solving commercial disputes in China. The International Commercial practices of China arbitration commissions are described. The author researches sources of legal regulation of foundation and function of CIETAC, BAC, CMAC.

The article deals with the legislative initiatives in the reform of the Russian system of juvenile justice in their compliance with obligations of the Russian Federation in the area of the right to education under Article 2 of Protocol I to the European Convention on Human Rights.

The article analyzes the international legal cooperation of South-east Asian states in insuring marine environmental security. It contains a brief analysis of the most important universal treaties on this subject and of the membership of states of the region in them. The author considers participation of South-east Asian states’ in the program for protection and sustainable development of marine and coastal environment in the framework of such regional structures as the Association of South-east Asian Nations (ASEAN), Regional Seas Program for East Asia (COBSEA) and Asia-Pacific Economic Cooperation (APEC). It is concluded that the problem of marine environmental security should hold a principally important place in the concept of environmental security of states of the region. For this purpose they need to strengthen institutional and legal mechanism for marine environmental security at both global and regional level.

The article analyzes the evolution of the environmental impact assessment (EIA) procedures in the Antarctic. The provisions of various international instruments governing this procedure are compared with other models of EIA, on the basis of experience of application of environmental impact assessment procedure at Vostok lake, options to improve EIA in the Antarctic are provided.

International legal regulating of alternative energy is the basic aspect of the development of the modern international law. The important instrument of such regulation of alternative energy is the institutional mechanism. This article describes two international institutions in this sphere: International Renewable Energy Agency (IRENA) and International Thermonuclear Experimental Reactor (ITER). Specific attention is paid to their structure and practical activity.