Annotations № 4 / 2012
INTERNATIONAL COURTS
Sienho Yee (Wuhan, China) Universal jurisdiction: concept, logic, and reality
The concept and features of universal jurisdiction, the purpose of its use by States are considered. The author presents an overview of the conventional, customary fixation of universal jurisdiction, the estimation of international jurisprudence is given. The weakening trend of the use of jurisdiction based solely on the general interest is noted, forecast of regulation and implementation of universal jurisdiction is proposed.
Key words: universal jurisdiction, international crimes, universal interest, piracy
Butkevich O. V. (Kiev, Ukraine) Forming of international judicial system elements in Medieval
A historical overview of the formation and development of international justice is presented. The experience of the Popes in the peaceful settlement of international disputes through conciliation and arbitration is examined. The examples of clerical and mixed arrangements and processes are given. Special maritime and commercial arbitrations, acting in the Middle Ages in European countries as well as the practice of criminal responsibility at the international level are analysed.
Key words: international justice, arbitration, mediation, Middle Ages
Tolstykh V. L. (Novosibirsk) Russia and international courts
Russia's participation in the organization and activities of international courts is considered. A survey of the positions proposed in the domestic doctrine, as well as litigation and counseling procedures, which affect the interests of Russia is made. Highlights of recent cases involving Ukraine and Russia considered by the International Court of Justice are presented.
Key words: international law, international courts, international justice, international court decisions
Dolzhikov A. V. (Barnaul) Decisions of International Court of Justice and legal order of the Russian Federation
The impact of decisions of the International Court of Justice in the Russian law and order, the prospects of domestic science and law and order borrowing of optimal methods of judicial machinery encountered in the practice of international justice are considered.
Key words: international justice, decision analysis, the Russian law and order
Solntcev A. M. (Moscow) On the 15th anniversary of International Tribunal for the Law of the Sea activity
One of the main outcomes of the codification and progressive development of international maritime law was the establishment of a permanent International Tribunal for the Law of the Sea which in 2012 celebrates the 15th anniversary of its activity. The article discusses the main features of this international court, examines its practice.
Key words: International Tribunal for the Law of the Sea, international law, maritime law, international courts
Raflyuk E. E. (Moscow) International courts of Latin America and integration development
The history of the creation, powers and organization of Latin American courts, formed on the basis of international agreements on integration is presented. It is concluded that judicial decisions, particularly decisions interpreting the law impact on the formation of a uniform law and order of the integration associations. It is proposed to allocate regional integration courts in a separate group of courts in the system of international justice, which is due to several reasons: specific jurisdiction and subject composition, forms of organization, aims of creation, functions.
Key words: international treaty, courts of integration, integration association, prejudicial inquiry, interpretation of law, claim of invalidity, action for inaction, communitarian law, uniform interpretation and application of the law, advisory opinion, judgment, Latin American region
Savelyeva E. G. (Yekaterinburg) Protection of property rights within the international regional organizations such as Council of Europe and Organization of American States
A general description of the protection of property rights is given, the volume of property rights in a comparative perspective on the specific sample of cases examined by the European Court of Human Rights and the Inter-American Court of Human Rights is considered. The general and specific to the case law of international and regional courts traits of property rights institute relating to its lawful scope and limitations are described.
Key words: protection of property rights, Council of Europe, Organization of American States, European Court of Human Rights, Inter-American Court of Human Rights
Kozheurov Ya. S. (Moscow). Advisory Jurisdiction of an international court: the experience of the Inter-American Court of Human Rights
During the conference on reforming the European Court of Human Rights (Interlaken Process) it has been proposed to strengthen advisory function of the ECHR. In this connection it may be very useful to examine thirty years experience in advisory work of another regional court – the Inter-American Court of Human Rights. The nature and scope of advisory jurisdiction of the IACHR, its subject matter, the advisory opinions of IACHR contributed to the development of international human rights law and procedural rules of court are considered.
Key words: Inter-American Court of Human Rights, advisory opinion, reform of the ECHR
Plotnikov A. V. (Odessa, Ukraine) Jurisdictional conflict and dialogue of international courts in the course of fragmentation of international law
A conflict of jurisdictions and the interaction of international courts in light of the fragmentation effects of the international legal system are considered. International justice is undergoing qualitative variation as a result of proliferation of international courts and imperativisation their jurisdictions. Theoretical possibility and practical examples of international courts dialogue aimed at overcoming the jurisdictional conflict are presented.
Key words: fragmentation of international law, proliferation of international courts, imperativisation of jurisdiction, jurisdictional conflict, dialogue of international courts
Fedorov I. V. (Yekaterinburg) Development of quasi-international forms of arbitral proceedings
A brief assessment of the scientific debate about the system of international justice is given. The description of the modern quasi-international arbitration structures and procedures on the example of PRIME Finance, International Centre for Dispute Resolution at the CIS Economic Court, the special arbitration procedures in the Permanent Court of Arbitration is given.
Key words: international justice system, conciliation, arbitration, arbitration quasi-international entities
PUBLIC ISSUES AND POLITICAL SCIENCE
Dzhavakhyan R. M. (Moscow) Judicial authority – essence, structure and realization forms
The article is devoted to the purpose, construction and operation of the judiciary in Russia, the implementation of principles of democracy in its activity. On the basis of the constitutional-legal analysis the concept of judicial power is formulated, its functions and forms of implementation are discussed.
Key words: government, judiciary, democracy, justice, judicial- legal regulation, Constitutional Court, courts of arbitration, arbitration assessors
COMPARATIVE JURISPRUDENCE
Klyuchnikov A. Yu. (Lipetsk) Participation of accused in a second instance court in compliance with Polish Republic legislation
The article is devoted to research features the participation of the accused in the court of second instance in Poland. Particular attention is paid to participate in the light of international obligations of Poland, peculiarities of the application and the participation of counsel, judicial practice is also reviewed. The author draws parallels with the criminal procedure law of the Russian Federation, proposes changes in the Code of Criminal Procedure.
Key words: criminal procedure, Poland, court of second instance, participation of the accused, judge
Gulina O. R. (Potsdam, Germany) Penitentiary system of Federal Republic of Germany in modern conditions
The legal formalization of the penitentiary system of the FRG, the regulation of enforcement at the federal and regional levels are considered. Federal reform of the legislative initiative of lands led to the transfer of the competence to a regional level, as a consequence a number of issues of "uniform application" of legislation in the field of corrections appeared. Particular attention is paid to the execution of preventive detention after serving a major penalty, the relation of this type of punishment with the legal norms of the ECHR and the Basic Law of Germany.
Key words: Germany, prison system, reform, human rights
CONSTITUTIONAL LAW AND PROCESS
Kukushkin M. I. (Yekaterinburg) Problems of realisation of election rights of Russian Federation citizens
The article is devoted to the urgent problem of the democratic development of Russia, including the implementation by its citizens of their voting rights. Electoral systems are analyzed in terms of ensuring the completeness of their citizens to exercise their electoral rights.
Key words: citizens, voters, voting rights, majority electoral system, proportional system
Salikov M. S. (Yekaterinburg) Party system of Russia: constitutional-legal regulation dynamics
The evolution of the legal status of political parties in Russia is examined. Novels of legislative regulation of creation, registration and activities of political parties in the modern period are analysed. The related problems of the political process in general are studied.
Key words: political parties, party system, law on political parties, political system, political opposition, political rights and freedoms
Garipov R. Sh. (Kazan) The right to use and to protect mother-tongue among indigenous small-numbered peoples of Russia
The specific provisions of international instruments and national legislation of Russia regarding the right to the native language, its use and protection are analysed. The author concludes that the protection and the use of their native language is the inherent right of indigenous peoples of Russia, as guaranteed by international instruments, as well as by federal and regional legislation. But these people, being in the dominant Russian-speaking environment, gradually lose their home (national) languages and are in need of special government support.
Key words: indigenous peoples, indigenous peoples of Russia, aboriginals, minorities, native language
CRIMINAL LAW AND PROCEDURE
Neznamova Z. A. (Yekaterinburg) The problems of the retrospective effect of criminal laws
The issues of retroactivity of individual criminal law, amended by the Federal Law of December 7, 2011 № 420-FZ areexamined. The conclusion is made that for a number of norms of the Criminal Code the use of revision retroactive application of criminal law as enshrined in Art. 10 of the Criminal Code, is impossible because of the lack of temporal conflict resolution mechanism. Proposals to resolve the problem are made.
Key words: criminal law, retroactive effect, temporal conflicts, temporal collision rules, mechanism of temporal conflicts resolution
Skripchenko N. Yu. (Arkhangel’sk) Application of forced medical treatment in the juvenile justice (legislative regulation and practice in the application)
The Criminal Code rules governing the use of compulsory medical measures are analysed. Suggestions for improving these standards in terms of their use against minors are made.
Keywords: compulsory medical measures, juvenile, socially dangerous act
Soshnikova I. V., Sherpaev V. I. (Yekaterinburg) Risk factors of violence in the Russian family
The authors examine the theoretical and social-practical problems of prevention of domestic violence in Russia: the actual level of family violence; analysis of the risks of violent situations; clarification of the role of gender in the commission of the male and female violence; establishing the effectiveness of forms of social control and prevention of family violence in Russian family.
Key words: domestic violence, prevention, system of risks
LEGAL ASPECTS OF ECOLOGY
Kruglov V. V. (Yekaterinburg) Theoretical basis of legal regulation and organisation of environment protection activity of industrial enterprises within market economy in the Russian Federation
Important role in the implementation of state environmental policy belongs to the rule-making and management activities of state bodies and local self-government. The article deals with the principles of state environmental policy, aimed at legal and organizational support for environmental activities of industrial enterprises as the main natural resources and environmental pollutants.
Keywords: environmental performance, industry, government, state environmental policy
SPECIAL CASES
About legal regulation of technique and technique of legal regulation
ON 1150th ANNIVERSARY OF THE RUSSIAN STATEHOOD
Bazhenova T. M. (Yekaterinburg) Sovereign point in a scientific dispute. Official confirmation of Nicholas the Ist of the date of reference of the Russian statehood
The question of formal confirmation by Nicholas the Ist highest command of the August 21, 1851 the date of Russia's statehood. The scientific debate on this subject, the report of the Minister of Education and the emperor's decision on it are described.
Key words: history of the Russian statehood, history of state and law in Russia, the ancient Russian state
PAGES OF HISTORY
Kodan S. V. (Yekaterinburg) Administrative law in the system of the Russian law: formation and main directions of development (XV – the first half of XVII centuries)
The formation of an administrative law in the time of functions determination and reorganization of government in the formation of the centralized Russian state are examined. The system of department management, structure of departments, paperwork and restrictions for employees of departments are shown. Areas of administrative and legal regulation are designated.
Key words: history of state and law in Russia, the Russian state, functions of the state, the Russian legal system, administrative law
Rosenko S. V. (Hanty-Mansiysk) Public policy of the Russian Empire to counter non-traditional religious beliefs (sects) in the XIX century
The article is devoted to the policy of the Russian Empire in the field of religion: countering non-traditional religious beliefs (XIX century). The features of criminalization and blameworthiness of sectarianism in the Code of Criminal Laws of 1832 and in the Penal and Correctional Code of 1845 are analysed.
Key words: state politics, sectarianism, criminal legal opposition
PROMINENTIS JURISPERITUS
Bagautdinov F. N. (Kazan) Lover of fox-trot and tango, dialectical materialists Klyava G. Ya.
The story of the difficult fate of the famous Soviet scientist, lawyer, doctor of legal sciences, professor Gustav Yanovich Klyava. The author considers the Kazan period of Klyava activity – from 1931 to 1944 (with interruptions caused by the departures to work in Sverdlovsk, Saratov and Riga).
Key words: theory of state and law, dialectical materialism, Sverdlovsk Institute of Soviet Construction, Kazan Law Institute