No 4 (2012)

Cover Page



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RUDN Journal of Law. 2012;(4):7
pages 7 views

Reforms of the Second Part of the XIX Century in Russia: the Expirience of Modernisaition of the State and Legal Oder

Nemytina M.V.


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.
RUDN Journal of Law. 2012;(4):8-15
pages 8-15 views

Unification of criminal norms and institutes in Criminal Code 1903 (on an example of malfeasances)

Dudyrev F.F.


Unification of malfeasances institute in Criminal Code 1903 is investigated in this article. Preconditions of unification and changes in the main malfeasances (excess of powers, bribery, forgery) are also analyzed here. Unification of malfeasances institute is researched simultaneously with activity of well-known scientists (N.S. Tagantsev, N.A. Nekludov, S.V. Poznyshev).
RUDN Journal of Law. 2012;(4):16-23
pages 16-23 views

The charter of artel as a form of legal regulation of traditional handicraft production in Russia in the early 20th century

Zozulya O.A.


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.
RUDN Journal of Law. 2012;(4):24-30
pages 24-30 views

Principles of the roman public law in the Soviet Constitutions

Alexeeva T.A.


The article deals with the reception of the Roman public law principles in the Soviet Constitutions. It is devoted to three of them: 1) res publica , defined as «compounds of many people connected to one another by a consensus in matters of law and common interests», 2) power of the people, 3) rejection of the separation of powers. The first principle is reflected in the definition of nature and essence of the RSFSR and the USSR, the second — in the definition of a possessor of supreme public power and in peculiarities of the system of Soviets, the third — in the description of the system of state organs and government.
RUDN Journal of Law. 2012;(4):31-39
pages 31-39 views

Successful modernisation as a factor for social stability

Kamkiya B.A.


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.
RUDN Journal of Law. 2012;(4):40-47
pages 40-47 views

Legal aspects of modernisation in Russia

Kamkiya F.G.


This article aims to study processes for modernisation in Russia. In particular, it examines the political and legal culture of political elites in Russia’s history as well as modernisation practices. The author comes to the conclusion that the practice of struggle for human rights in the history of Russian modernisation has not held a leading position. When there have not been sufficiently reliable legal underpinnings (legal institutions) of democratic renewal, the ideas for the renewal of society may not be achieved and, as a rule, inverse processes easily arise. The author draws attention to the specifics of Russia and its culture as pre-requisites for a statist model of modernisation in which the state may and must lead in liberal transformations.
RUDN Journal of Law. 2012;(4):48-57
pages 48-57 views

The development of public-private partnership as a strategy of modernization of modern Russia

Rodionova O.Y.


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.
RUDN Journal of Law. 2012;(4):58-66
pages 58-66 views

International legal assistance in civil cases in the soviet procedural law

Grigorieva O.G.


The summary. In article is a question of stages of development of the Soviet civil remedial legislation on the international legal aid on civil cases. Tendencies and laws of development of the given remedial institute are revealed. Certificates of the legislation since October, 1917 and before disintegration of Soviet Union are analyzed. The role of Plenum of the Supreme Court of the USSR in development of the international legal aid on civil cases is reflected.
RUDN Journal of Law. 2012;(4):67-74
pages 67-74 views

Federal ministries a subjects of public policy formation of modern Russia

Arzamasov Y.G.


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?
RUDN Journal of Law. 2012;(4):75-84
pages 75-84 views

Education in Russian Federation as the basis of obtaining citizenship of Russian Federation in the simplified manner

Galushkin A.A.


In the article the questions related to possibility of obtaining citizenship of Russian Federation in the simplified manner as a result of receiving education in Russian Federation, including receiving postgraduate professional education as the basis of obtaining citizenship of Russian Federation in the simplified manner are discussed.
RUDN Journal of Law. 2012;(4):85-90
pages 85-90 views

Legislation Perfection in the field of environmental protection in the Russian Federation in connection with the Russia’s accession to the OECD

Kodolova A.V.


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.
RUDN Journal of Law. 2012;(4):91-96
pages 91-96 views

Environmental security as the object of the administrative-legal regulation

Volkov A.M.


The article analyses the concept of «environmental security», presented in numerous publications and practically absent in the normative legal acts. Considered by some other, similar in content terms, such as «national security»; «public security «. Invited to the author's definition of environmental security as the object of the administrative-legal regulation and a number of recommendations on incorporating this term in regulatory legal acts.
RUDN Journal of Law. 2012;(4):97-106
pages 97-106 views

Development of national payment system — a new goal of the Central Bank of Russia

Belov V.A.


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.
RUDN Journal of Law. 2012;(4):107-116
pages 107-116 views

Classification of criminal procedure decisions

Gaprindashvili R.T.


This article analyzes the classification of criminal procedure decision. The study is based on an analysis of scientific works of Russian and foreign authors. The author proposed classifications of procedure decisions.
RUDN Journal of Law. 2012;(4):117-122
pages 117-122 views

Detention of minors from repeated crimes

Chirkina R.V., Galushkin A.A.


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.
RUDN Journal of Law. 2012;(4):123-133
pages 123-133 views

Sports in Moscow and Moscow region: new challenges of its’ regulation due to metropolis expansion

Grebnev R.D., Andric K.


In this article are presented results of the comparative research of the sports law in Moscow and Moscow Region, swell as complex of the governing measures in the transition of the former Moscow Region subjects of sport to the Moscow legal field.
RUDN Journal of Law. 2012;(4):134-138
pages 134-138 views

The Constitution of Spain 1812 and her influence on the Latin American constitutionalism

Fedorov M.V.


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.
RUDN Journal of Law. 2012;(4):139-149
pages 139-149 views

The development of ideas about the limited property rights to land in Europe in the Middle Ages and Modern Times

Byshkov P.A.


The article discusses the genesis of the rights restricted to land in the right of the countries of continental Europe. The analysis of certain types of rights. We study the order of their occurrence, termination, as well as their content.
RUDN Journal of Law. 2012;(4):150-158
pages 150-158 views

International commercial arbitration in China

Rusakova E.P.


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.
RUDN Journal of Law. 2012;(4):159-164
pages 159-164 views

Human Rights as an Essential Element of Contemporary International Community

Renato Zerbini Ribeiro Leão -.


These are the main challenges to be faced by Law and, above all, by human rights at this beginning of century. It is due to this reality and to the challenges resulted from it that we believe in the prevalence of reason of humanity over the reason of State. If there is a universal crisis, it is not only one of the State or its values, but a crisis of the human being himself.
RUDN Journal of Law. 2012;(4):165-183
pages 165-183 views

Juvenile justice and the right to education in the European convention on human rights

Semenova N.S.


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.
RUDN Journal of Law. 2012;(4):184-193
pages 184-193 views

Measures undertaken by the Caribbean States for the co-ordination of their internal laws with the provisions of Convention on the Rights of the Child

Pianzina N.A.


There is analyzed various measures, which are undertaken by the Caribbean States for the implementation of the rights recognized in Convention on the Rights of the Child.
RUDN Journal of Law. 2012;(4):194-208
pages 194-208 views

The Place of the marine environmental security in the concept of ensuring of environmental security for South-east Asian states

Nguyen N.A.


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.
RUDN Journal of Law. 2012;(4):209-217
pages 209-217 views

The Earth Charter as an ethic basis of interrelationship between society and nature and of governing of nature

Mohammad S.A.


In the article the Earth Charter and other similar documents are analyzed as system building elements of the global moral community called to become the basis for future generations formation.
RUDN Journal of Law. 2012;(4):218-224
pages 218-224 views

Environmental empact essessment procedure of the lake Vostok sampling as a tool of the Antarctic ecosistems protection

Kopylov S.M.


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.
RUDN Journal of Law. 2012;(4):225-234
pages 225-234 views

Caspian resources as the basis of the importance of southeast Europe to the European energy security

Nesic B.


The article is dedicated to the research of geopolitical and legal status of Caspian Sea as assumption for the development of the transport routes for oil and gas to the Europe and importance of the South-East Europe countries in this «game». The study is devoted to analysis of international legal status of the Caspian Sea and international law relationships connected with the transportation of oil and gas from this region.
RUDN Journal of Law. 2012;(4):235-241
pages 235-241 views

IRENA and ITER as the regulating forces of international relationships in the sphere of alternative energy

Belotsky S.D.


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.
RUDN Journal of Law. 2012;(4):242-252
pages 242-252 views
pages 253-254 views

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RUDN Journal of Law. 2012;(4):255-257
pages 255-257 views

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