Annotations № 6 / 2011

INTERNATIONAL LAW

Fleck D. (Germany, Cologne) International law between fragmentation and integration: challenges for legal theory and practice

The author, basing on the findings of the International Law Commission on the development of international law and defragmentation, considers the practical and theoretical aspects of the two parallel processes in the international law – fragmentation and integration. Given the evolving jurisprudence he evaluates the manifestation of these trends in branches of international law: diplomatic law, international criminal law, human rights law, international humanitarian law, international environmental law, law of arms control and disarmament, as well as WTO rules.

Key words: fragmentation, integration, international law, International Law Commission, UN, international courts

Smbatyan A. S. (Moscow) Parallel judicial proceedings in public international law

The article is devoted to parallel judicial proceedings and as a consequence contradictory judgments of international judicial bodies on identical disputes. In the public international law there are no imperative norms and principles regulating problems of competitive jurisdiction. There are only principles of limited implementation, such as principles of judicial comity, lis pendens and forum non conveniens.

Key words: International law, dispute international courts, conflict of jurisdictions, parallel legal proceedings, judicial comity, lis pendens, forum non conveniens, judicial discretion, admissibility of claim

PUBLIC ISSUES AND POLITICAL SCIENCE

Grischenko G. A. (Moscow) The institute of the President’s messages and the RF state legitimating mechanism

The author examines comprehensively the questions on the institute of President’s messages in all its aspects – namely the place and the role of this institute in the RF state legitimating mechanism, their changeability and mutual dependence. The author points the main signs and features of such kind of relations, determines the conditions promoting more effective and qualitative functioning of the legitimacy mechanism of state power in general. Having studied a wide range of matters on the role of the President’s massages and its importance the author concludes that the political aspect of the doctrinal mechanism of state legitimacy is the basic one in relation to the legal aspect. It helps to evaluate the level of the citizens’ support and their confidence in the President of the RF and his actions. Thereby it helps also to work out the appropriate measures directed towards recovery from crisis of legitimacy.

Key words: legitimacy mechanism of state power, President’s messages, level of the citizens’ support, crisis of legitimacy

Lukanina T. I. (Vladikavkaz) The rejection of standing as a candidate in Russian elections: theoretical analysis

The article contains some results of the analysis of the rejection’s of standing as a candidate essence. The author tries to answer such questions as does the constitutional responsibility exist, how the constitutional responsibility and the constitutional responsibility of the electoral process’s members are related, does the rejection of standing as a candidate attribute to measures of the constitutional responsibility of the electoral process’s members, what is the ground for rejection of standing as a candidate. The accomplished study of the rejection’s of standing as a candidate essence allows to bring to light imperfection of the Russian electoral laws and to make concrete suggestions on amendments.

Key words: constitutional responsibility, candidate, the rejection’s of standing as a candidate, elections

Sherstoboev O. N. (Novosibirsk) Problems of limitation of the foreign citizens’ rights in the conditions of principle of proportionality

Expulsion of foreign citizens from their country of residence raises the problem of limitation of their constitutional rights. It is considered in the modern doctrine that expulsion affects not only the right of foreigners for the freedom of movement, but also a range of property, labor, family and other rights. In this regard, appears a question of proportionality of such restrictions and objectives pursued by the state when deporting a foreigner. The article investigates domestic and foreign practices, and assumptions are made about the implementation of the principle of proportionality in the Russian context.

Key words: expulsion, foreign citizens, civil rights, proportionality

Nadelyaeva T. V. (Yekaterinburg) Modern concept and essence of justice in the Russian Federation

The article is devoted to the problem of the concept and essence of justice, its contests in the context of current legislation.

Key words: justice, essence, pretrial judicial review

Chaplinskiy A. V. (Moscow) Access to information about the bodies of judicial community and their activities

The article discusses some issues related to access to information about the bodies of judicial community and their activities. The author analyzes the regulations to ensure the openness of specified information. Particular attention is paid to issues of access to information on activity of the qualifying boards of judges on the formation of the judiciary. Basing on this analysis, the author formulates proposals for changing the order of access to information about the bodies of judicial community and their activities.

Key words: bodies of judicial community, Qualifications boards of judges, the formation of the judiciary, access to information, transparency

COMPARATIVE JURISPRUDENCE

Gubarev V. I. (Cairo, Egypt), Gubareva A. V. (Yekaterinburg) Constitutional declaration of the Arab republic of Egypt in transition period

The reasons of creation and peculiarities of interim constitutions in the Arab world (on the example of analysis of the text of the Constitutional Declaration of Egypt 2011) are considered. The authors draw attention to the fact that the interim constitution was the result of rapidly changing political situations in the Arab countries and its effect is expected in the relatively short period of time. The article represents a translation of the text of the Constitutional Declaration of Egypt of 2011 and a summary table of articles of the Constitutional Declaration of 2011 and the Constitution of 1971.

Key words: Constitution, political system, Arab Republic of Egypt, Constitutional Declaration

Ovsyannikov P. Yu. (Krasnoyarsk) Immigration amnesty in the USA: lessons for Russia

The article is devoted to the questions of immigration amnesty in Russia and the USA. The author compares the process of legalization of foreigners staying illegally in Russia and the USA and evaluates the USA experience adoption.

Key words: Russia, the USA, immigration, illegal immigration, immigration amnesty

LOCAL SELF-GOVERNMENT

Zakharov I. V. (Yekaterinburg) The institute of questions of the local importance: problems of theory and practice

The article is dedicated to the legal institute of questions of the local importance. Questions of the local importance are the essence of local self-governance and the basis of the activity of the bodies of municipal authority. The article reveals the essential problems of the regulation of questions of the local importance and the ways of their solution.

Key words: self-governance, questions of the local importance, authority, bodies of municipal authority

Kasho V. S. (Anapa) Problems of regulation of liability of local government bodies and officials in the charters of municipality

The issues of regulatory responsibilities of local government and local government officials at federal, regional and municipal levels are analyzed. The author identifies inconsistencies in the existing legislation governing the liability of bodies and officials of local government.

Key words: local government, municipalities, municipal charter, liability of local government officials, municipal democracy

CRIMINAL LAW AND PROCEDURE

Skifskiy I. S. (Tyumen) Social factors of violent crime in Russia

In the context of deviant behaviour determination some social factors are considered with quantitative measuring of influence upon violent crime dynamics in modern Russia.

Key words: violent crime, criminogenic determinants, social factors, criminological modeling

Lukyanova O. A. (Yekaterinburg) Problems of definition regarding ‘a subject of the appeal’ as prescribed by article 125 of the CPC of the RF

The article discusses one of the most crucial aspects of the pre-judicial courts’ activity – problems of defining «a subject matter of the appeal» as contemplated by section 125 of the CPC of the RF. In particular, the author talks about possible accountability of the officials who are responsible for carrying out criminal legal proceedings in the Russian judicial system. In supporting her arguments, the author analyses several examples of typical errors that members of the judiciary make while deliberating (considering/deciding) matters that article 125 is closely concerned with.

Key words: criminal procedure, judicial control, appeal subject, constitutional rights of the applicant, guarantees of judicial protection

Azarenok N. V. (Yekaterinburg) Criminal prosecution in the system of modern pre-judicial procedure

The analysis of a place of criminal prosecution in system of modern pre-judicial procedure is carried out. It is noticed that occurrence of criminal prosecution in CPC of the RF is connected with idea of competitiveness of criminal trial. Such approach to definition of criminal prosecution is exposed to well-reasoned criticism. The author comes to a conclusion that the aspiration to provide the right and freedom of participants of criminal legal proceedings should be the reason of occurrence of criminal prosecution. Therefore criminal prosecution is a part of search preliminary investigation.

Key words: criminal prosecution, criminal trial type, competitiveness, charge, preliminary investigation

CIVIL LAW AND PROCEDURE

Bakulin A. F., Petukhova A. V. (Yoshkar-Ola) Negatory nature of the claim for the demolition of the unauthorized construction

Due to the uncertainty of negatory nature of the claim for the demolition of the unauthorized construction the article considers questions about persons having a procedural right on the suit, about the defendant and his guilt in infringement, about the object coming under the demolition, about the application of limitation. As a result of the analysis of the judicial practice the conclusion is drawn on special character of the claim which does not coincide with negatory lawsuit.

Key words: unauthorized construction, negatory action, acquirement the right of property

Boldyrev V. A. (Omsk) Are the property rights of institutions and unitary enterprises in rem?

The author proves that interests of institutions and unitary enterprises have a nature of a right in rem and obligatory nature. He advances arguments to placement respective norms in the Civil Code part, devoted to civil law status of state.

Key words: legal person, unitary enterprise, institution, operating control, right in rem, contractual law

Ershov O. G. (Omsk) Creating a risk of harm during construction as the basis of civil legal relations

The author dwells on the problem of risk of harm during construction as juridical fact or basis of civil right origin. The nature of such fact, its place in the legal facts system is established. The author substantiates that the creation of risk of injury can lead to relationship, regardless of legality.

Key words: construction, damage, notice damage, juridical fact

Mishutina E. I. (Saratov) On the question of necessity of axiology approach application to civil procedural law

The article is devoted to the problem of values as non-studied problem in a modern science of a civil procedure. The author defines terminology of this central axiology’s concepts, deduces different aspects of understanding of values in civil procedure law. The article defines this phenomenon and peculiarity of values in civil procedure.

Key words: axiology of law, civil procedure, peculiarity of values, meaning

INTERPRETATION OF LAWS

Gribanov D. V. (Yekaterinburg) Changes to the Federal Law «About science and State Science and Technology Policy»

The article includes the scientific analysis of the changes to the law about the science and state science and technology policy. The author presents the comments to the list of terms on innovation which is enshrined in law. The particular emphasis is placed on the characteristic forms of state support of innovation.

Key words: science, innovation, innovation policy, government support of innovation, legislation

ECONOMICS AND LAW

Rusanov G. A. (Moscow) Principles of criminal law of the state on the economy

The article is devoted to the principles of criminal law at the state's economy. The author proposes a system of principles of criminalization of acts in the economy.

Key words: principles, criminal law, the state limits

Savchuk L. F. (Anapa) The principle of connection of individual and public interests in the legal relations of cultural and entertainment business

The article is devoted to the principle of a connection of individual and public interests for the civil legislation improvement.

Key words: Civil code, civil legislation, cultural and entertainment business, principle of connection of individual and public interests

Pilikin G. G. (Yekaterinburg) Understanding and relationship of categories «system of financial law», «structure of the financial law» and «system of financial legislation» in the modern period

The article based on an analysis of contemporary legal doctrine and legislation of the Russian Federation represents the author's understanding of the relation of the categories «system of financial law», «structure of the financial law» and «system of financial legislation». Their notion is formulated, key features are noted and their lines of development are marked.

Key words: system of the financial law, structure of the financial law, system of the financial legislation

LABOUR AND SOCIAL LAW

Sabodash A.N. (Chelyabinsk) Legal aspects of social protection of war veterans

A systematic analysis of federal and regional (on the example of Chelyabinsk Oblast) legislation on social protection of war veterans is presented. The main trends of social protection of veterans, including those in the normative, organizational-legal, law application, finance spheres are considered.

Key words: social security, veterans, disabled, combat veterans, compensation, benefits

PAGES OF HISTORY

Drapkin L. Ya (Yekaterinburg) Pages from investigator’s diary

This is the twelfth part of autobiographical essay of one the prominent criminalist of modern Russia – professor L. Ya. Drapkin.

Key words: criminalist, investigator, criminalistics, versions, prominent

Chikulaev R. V. (Perm) The formation of a securities market legal regulation in Russia during the pre-revolutionary and Soviet periods

In the article the basic stages of development of a securities market in Russia as object of legal regulation during the pre-revolutionary and Soviet periods are considered. Features and principles of formation of the Russian stock market legal model during the specified periods come to light. The rules of law of investigated time influence on development of standard base in the future is established.

Key words: securities, historical development, stock market, stages, formation