No 3 (2014)

The author traces the evolution of the concept of «justice» of the Soviet legal science to modern Russian. The article justice considered as a function judicial authority, which combines elements of law enforcement and law-making. The author criticizes traditional concept of justice as exclusively law enforcement activity of a court within frameworks of legislation. The author shows that an inevitable element of justice is the concretization of legislation on the basis of judicial discretion. The interpretation of legislation by courts can acquire normative character if it is supported by high courts. The author’s theoretical conclusions are based upon the judicial practice.

In this article author consider questions of counteraction to extremist activity in Russian at the present stage. Actual data on organization and conducting actions for counteraction and prevention of extremist activity are provided, statistical data, including dynamics of the number of registered crimes of the extremist orientation and revealed persons is given. Author pay special attention to the Strategy of national security in connection to the tendencies of modern society at distribution of extremism in the world, present analyzes data and opinions of scientists jurists. As a result of carried-out system analysis of the circumstances and nature of crime commission of the extremist orientation in Russia for the last years was the development of specific scientifically reasonable proposals on further improvement of law-enforcement actions in the considered in the present article sphere.

The article describes the history of occurrence of positivism as a scientific course, its main ideas, the nature of the positivist school, as well as the problem of the causes and ways to overcome collisions in the law in modern legal literature, mainly from the perspective of the positivist understanding of law. Observed synthesis legistic and sociological approaches to the law on this subject. In the given work achievements of domestic authoritative scientists on the subject are shown. According to the research, the author concludes that the legistical approach to the collisions in law can not provide answers to many topical issues. To conduct the most comprehensive and in-depth analysis, it is necessary to consider the problem of the causes and ways to overcome legal collisions from the point of view of a sociological understanding of law.

This article discusses issues relating to the direct application of the rules of civil procedure law notary in production to secure evidence. The author analyzes and compares regulations Fundamentals of Legislation on Notaries with the rules of the CPC RF and APC RF, it is noted that the procedure to ensure that evidence is quite complex and involves almost all the preliminary stages of civil and arbitration processes. Based on this study the author concludes that the use of a notary of procedural legislation promotes better settle the dispute and reduces the potential costs of the court, the parties and stakeholders, therefore, unappreciated, until recently, the institution should make greater use of notaries in matters providing evidence that will optimize civil proceedings.

The author analyzes the key steps of improving the legislation on insolvency (bankruptcy) of citizens who are not individual entrepreneurs in Russia since 2009. This article contemplate the plan of action of the anti-crisis measures of the Government of the Russian Federation for 2009 dated 19.06.2009 № 2802p-P13, the disposal of the Government of the Russian Federation of 03.07.2012, № 1162-p, by which it was submitted to the State Duma draft of the Federal Law «On Amending the Federal law» on Insolvency (Bankruptcy)». The question of the need for appropriate comparative legal studies is considered. After analyzing the existing legal researches in this field, the author comes to the conclusion that there is a lack of fundamental scientific works considering actual problem of improving the legislation on bankruptcy of individuals in the Russian Federation at the current stage.

This article analyses the history and current state of the legal norms for Comparative Advertising in the Russian Federation since 1991. In this article raises the issue of the need of reforming the legislation in this area.The author gives a brief description of the statutory regulation for this kind of advertising at present with focus on a rather vaguely formulated prohibition against inappropriate comparison of goods in the federal law «On Advertising». At the end, the article offers a brief author’s conclusions and proposals for reforming Russian Federal Law «On Advertising» and the development of special norm on advertising, containing a comparison of the advertised goods with goods of competitors.

The author analyzes the nature of the mode life activity of the state, which are provided by the national constitutions of most countries, sharing modes for normal (regular) and extraordinary (special, extraordinary). The article presents a comparative analysis of the constitutional regulation of restrictions on rights and freedoms of man and citizen in a variety of emergency regimes. The author, after analyzing the constitutional and legal acts of many foreign countries, emphasizes the common emergency modes (a state of emergency, martial law, martial law, an exclusive position, the state of war, and others.). Also, having analyzed the current Constitution, the author identifies five options (models, methods, concepts) of the constitutional regulation of restrictions on rights and freedoms of man and citizen in an emergency mode. Attention is drawn to the fact that the restriction of the rights and freedoms of the individual in an emergency mode differ from the limitations of the rights and freedoms of operating in a stable, normal legal order.

The article discusses security measures provided by the criminal code of the Federal Republic of Somalia. Analyzes the types of these measures, the basis and criteria for the use of, link to punishment. Draws attention to the peculiarities of application of security measures in Somalia. The author brings out the similarities and distinctions of the relevant measures and criteria for their application in Somalia and other countries (in Italy, Russia, Germany, etc). The article notes that in Somalia security measures established by law can be applied regardless of the fact of committing the crime, can replace criminal penalty or be used along with it. Also, the security measures that can be applied only to minors, for example, placing the person in the reformatory are considered. The author analyzes the use of safety measures in practice.

The article is dedicated to the contemporary system of administrative justice in Switzerland. The author touches upon the main aspects of administrative justice system on the federal level, analyses the key points of the basic normative act in the field-the Federal law on administrative procedure as well as examines the legal status of the Federal administrative tribunal. The article also includes a comprehensive account of functioning of the cantonal administrative justice institutions in Bern and Geneva.

This paper deals with concept and features of the insured event. The author analyzes the existing legal framework on the issue, in particular the Civil Code of the Republic of Tajikistan, as well as the RT Law «On Insurance». It’s given the formulation of the term of the insurance case from legal, and from doctrinal sources. The author concludes that the insured event has, along with the category of insurance risk characteristics of randomness and probability. Probability of the insured event is the degree of probability of occurrence of events, it embodies. In view of the inherent insurance case signs of randomness and probability justified conclusion about the inadmissibility of his understanding of what happened as a kind of event.

The article discusses the prospects and directions of development of international legal support sports-labor relations in the field of professional sports. The author analyzes the development trends of legal support sports-labor relations in areas such as transitions (transfers) athletes and coaches, professional players contracts with sports clubs. During the analysis the author examines international labor law, labor law of the European Union, the European practice of dispute resolution in professional sports and leads their proposals within the concept of international labor standards in professional sports. The author analyzes the direction of development of legal support of sports and labor relations in areas such as transitions (transfers) athletes and coaches, professional employment contract of players with sports clubs. During the analysis the author examines international labor law, labor law of the European Union, the European practice of dispute settlement in professional sports, and gives suggestions within the concept of international labor standards in professional sports.

The article considers the historical aspects of the formation of the codification of international law. The codification of international law is carried out for a long time, and its value is very large, especcialy for the development of the legislation of states, despite this, in author’s opinion, greater significance at the current stage will be given to the process of progressive development of international law, as most of the existing areas of international law are codified, but with the appearance of new international legal institutions, this procedure will be necessary again. The author values the roleof the international bodies (eg, the International Law Commission) in the process of codification. Also this article reveals the importance of formal and informal codification and shows the participation of international institutions in that field. The author is analysing the doctrines of reputable scientists jurists in international law.

In connection with the appearance in international law of various forms of external relations between subjects, the need to distinguish immunities of employees of those or other organizations involved in the activities of these entities is rising. This article provides a deep analysis of the legal framework providing to employees immunities from the international representatives (eg, the Vienna Convention of 1975, the Convention on the Privileges and Immunities of the United Nations, the UN Agreement - US headquarters, etc.). The author raise the question of accreditation of employees, by whom is represented organization. Also, the article considers decisions of the courts of different countries (USA, Italy, etc.) on issues of the prosecution for crimes of the persons having special status, and their families. Author demonstrates the examples for depending of the results for the recognition of the immunity from jurisdiction of the representatives or the persons entitled to them on the national legislation.

One of the unique features of the African Charter on Human and Peoples’ Rights is the recognition of economic, social and cultural rights on the same footing as civil and political rights. This article analyses critically the protection of socio-economic rights in the African regional system focusing mainly on the African Charter 1981 and the jurisprudence of the African Commission on Human and Peoples’ Rights.

The spirit of sports, namely ethics, fair play and honesty; health; excellence in performance; character and education; fun and joy; teamwork; dedication and commitment; respect for rules and laws; respect for self and other participants; courage; community and solidarity. Sports governing bodies consider the principal policy of anti-doping regulation as a creation of a level playing field. This article explores the spirit of sport, namely, ethics, fair play, honesty, health, excellence in performance, the interplay with International law and Human Development. The article considers fundamental rights, their applicability and justification to doping disputes. An analysis is made on the impact of adjudication of a doping dispute on fundamental human rights and human resources.