Annotations № 6 / 2013
THEORY OF STATE AND LAW
Semyakin M. N. (Yekaterinburg, Urals State Law Academy, e-mail: Misha2008@uralweb.ru) Private law ideas in the doctrine of the founder of historical school of law F. K Savigny
Ideas of F. K. Savigny about the origin of private law, its conditionality by national spirit, peculiarities of historical development of the people, the relationship with life practice, the system of private law, as well as the impact of these ideas on the development of modern civil law are stutied.
Key words: civil law, civil law system, possession, acquisition and loss of possession, protection of ownership, obligation, contract, property law, property
Kuchin M. V. (Yekaterinburg, e-mail: kutschin@mail.ru) Precedent norms of pre-state society
The nature of precedent norms is investigated, the origins of precedental of rules of behavior in a traditional society are determined.
Key words: legal anthropology, the emergence of law, sources of law, judicial precedent, traditional law, customary law
INTERNATIONAL LAW
Ispolinov A. S. (Moscow, Moscow State University, e-mail: ispolin@lexinvest.ru) Court of Justice of the EU, Yassin Kadi and the article 103 of the UN Charter
This article deals with a cornerstone issue of the contemporary international law – interrelation between sanctions imposed on individuals by the UN Security Council with international and regional legal regulations governing human rights. Basing on the current jurisprudence of international judicial bodies, primarily decisions of EU courts on Kadi case, the author examines the issue in a context of relations between the European legal order and the international one, looking also through the prism of the priority of obligations under the UN Charter before obligations under other international treaties.
Key words: UN Security Council sanctions, article 103 of the UN Charter, courts of the EU, Kadi case
Bem M. V. (Lvov, Ukraine, Lvov National University, e-mail: markiyan.bem@ukr.net) Evolution of the concept of genocide of R. Lemkin
The views of R. Lemkin on the concept of «genocide», of which he was the author, are investigated. The main publications of the scientist on this topic are analyzed. Particular attention is paid to the peculiarities of his concept of genocide. The author notes the importance of research of R. Lemkin views on this matter at the present stage. His understanding of genocide is compared to the current understanding of the content of this crime under international law.
Key words: R. Lemkin, international legal views, genocide
Vedel I. A. (Yekaterinburg, «Urals Juridical Company» LLC, e-mail: igor_wedel@rambler.ru) Some questions on the measures and means of diplomatic protection
The article is devoted to admissible measures and means of diplomatic protection. The author analyzes some of the terminological, theoretical and practical aspects of the problem, an attempt is made to define the boundaries of measures and means exercising diplomatic protection.
Key words: diplomatic protection, protection of the rights of citizens and organizations abroad, measures and means of diplomatic protection
COMPARATIVE JURISPRUDENCE
Kokotova M. A. (Yekaterinburg, Urals State Law Academy, e-mail: km231089@yandex.ru) Decisions of the State Council of France as acts of constitutional control
The characteristics of the decisions of the State Council of France as acts of constitutional control are analyzed. Various classifications of decisions and analysis of individual types are considered.
Key words: constitutional control, decision of the State Council, opinion of the Council of State, priority issue of constitutionality
Gimgina M. E. (Yekaterinburg, Urals State Law Academy, e-mail: gimgina@mail.ru) Content and legal regulation of freedom of religion: the experience of European countries
Article is devoted to the content of concepts of «freedom of religion» and «freedom of belief». Legal regulation and constitutional recognition of these freedoms in the constitutions of the states of Europe are considered.
Key words: freedom of conscience, freedom of belief, freedom of religion, state religion, personal beliefs
CONSTITUTIONAL LAW AND PROCEDURE
Salikov M. S. (Yekaterinburg, Urals State Law Academy, e-mail: kp@usla.ru) Electoral legislation as a political tool of the state: post-constitutional evolution
The evolution of the electoral legislation in post-constitutional period is considered, the political background of the adoption of amendments to the electoral legislation in different periods and the reaction of the Constitutional Court on the most important ones are analyzed.
Key words: electoral legislation, political process, evolution of legislative regulation of electoral procedure, political parties, legal position of the Constitutional Court of the RF on electoral cases
Karasev A. T. (Yekaterinburg, Urals State Law Academy, e-mail: kp@usla.ru) Parliamentary mandate and the constitutional and legal status of the deputy: some questions of content and corelation in the light of the Constitutional Court of the RF Descision, December 27, 2012 № 34-P
The decision of the Constitutional Court of the RF, December 27, 2012 № 34-P in terms of clarifying the legal nature, content and ratio of categories of the parliamentary mandate and the constitutional and legal status of the deputy is analyzed. The author bases his position on this issue, shows the possible options for its resolution.
Key words: democracy, parliamentary mandate, constitutional and legal status of the deputy, deputy immunity
Astratova S. V. (Yekaterinburg, Urals State Law Academy, e-mail: astra.stanislava@gmail.com) To the question on the content of the constitutional right to judicial protection of the rights and freedoms of man and citizen
Different approaches to the definition of the constitutional right to judicial protection are reflected. In connection with the change of the subject of judicial protection the author's interpretation of the constitutional right to judicial protection is given. The conclusion that judicial review should be included in the contents of the constitutional right to judicial protection when determining the limitations of the constitutional rights and freedoms of man and citizen is given on the basis of the systematic interpretation of the Constitution of the RF and the legal positions of the Constitutional Court of the RF.
Key words: constitutional right to judicial protection, judicial protection, judicial decisions, judicial control
CRIMINAL LAW AND PROCEDURE
Kozubenko Yu. V. (Yekaterinburg, Urals State Law Academy, e-mail: yuri.kozubenko@usla.ru) The role of sources of international law in the framework of criminal law enforcement complex
This article discusses the relationship between the criminal procedural law and legal system of the Russian Federation in terms of inclusion in their structure of the universally recognized principles and norms of international law and international treaties of the RF as an integral part. In the end, the author concludes that the concept of the legal system is not exhausted by only one Russian legislation governing criminal proceedings. As a normative core of the legal system, the criminal procedure legislation «connects» all its other elements, such as law-making and law enforcement – through these pathways international law influences the development and the content of legal acts regulating the criminal proceedings, and also generlly recognized norms of international law are directly applied in criminal proceedings in cases when problems can not be solved solely by domestic national legislation. As a result, the certain state of social relations ordering, called the rule of law and the sense of justice, is composed which, along with the rest of the legal system cause a certain level of legal culture and lawfulness.
Key words: criminal enforcement complex, criminal offense of the generally recognized principle of international law, prosecution of legal persons, extremism, conjugation of systems of law
Malyugin S. V. (Yekaterinburg, Urals Law Institute of MIA of Russia, e-mail: svm707@mail.ru) Legislative policy on Criminal Procedure Code: preliminary results and possible directions of development
The concept of legislative policy is given, its importance for the formation of criminal procedural law is considered. The results of the legislative policy of Russia in the field of criminal procedural law are overviewed: quantitative and qualitative analysis of the changes made to the Code is presented. The specificity of legislative policy in the sphere of criminal procedural law is examined. The author attempts to provide recommendations for the improvement the efficiency of legislative policy in the sphere of criminal procedural law and its impact on social relations. Some ways of development model of the criminal procedural law are noted.
Key words: state legislative policy, law-making, outcome of legislative policy, development of the criminal procedural law
QUESTIONS OF INVESTIGATION AND OPERATIVE-RESEARCH ACTIVITY
Drapkin L. Ya. (Yekaterinburg, Urals State Law Academy, e-mail: ruzh@usla.ru) Use of reflexive modeling techniques in the study of the theme «tactics of interrogation of a suspect in a conflict situation»
This article discusses options for overcoming conflict situation in the interrogation of the suspect. Special attention is given to the adoption and implementation of tactical decisions based not only on the initial information, but also on the results of reflexive reasoning of investigator. On the example of learning task solution the author gives recommendations on training law students reflexive modeling techniques.
Key words: reflexive modeling, conflict situation, interrogation of the suspect, planning
CIVIL LAW AND PROCEDURE
Kozhevnikov O. A. (Yekaterinburg, Law Department of Yekaterinburg City Administration, e-mail: kojevnikov@ekadm.ru) Positions of the Constitutional Court of the RF and the improvement of the rules of the CPC of the RF and the APC of the RF on the revision of judicial decisions on newly discovered and new circumstances
Questions of normative securing of institute of revision of judicial decisions, entered into force on newly discovered or new circumstances in the CPC of the RF and the APC of the RF are examined. According to the study the author concludes imperfection of the CPC of the RF and the APC of the RF norms in this part, forcing the Constitutional Court of the RF to identify in its decisions the constitutional meaning of the judicial revision, extending it to other decisions of the Constitutional Court of the RF and constitutional (charter) courts of the subjects of the RF.
Key words: jurisprudence, judicial system, the Constitutional Court of the RF, constitutional (charter) courts of the subjects of the RF, litigation, judicial review, right to judicial protection
Kotlyarova V. V. (Samara, Samara State University, e-mail: vera-er@mail.ru) Topical problems of the processing of applications on securing claims in arbitration proceedings
The article investigates the dispute regarding the procedural order of consideration of applications on securing the claim. The author analyzes various views of specialist in procedural law and law enforcement practice of arbitration courts on these issues.
Key words: security measures, application on securing the claim, law enforcement practice, arbitration process
LABOUR AND SOCIAL LAW
Golovina S. Yu. (Yekaterinburg, Urals State Law Academy, e-mail: tp@usla.ru) Problems of application of mediation in the resolution of labour disputes
The author analyzes the law «On alternative dispute resolution procedure involving mediator (mediation procedure)» and its relationship with the Labour Code of the RF regulating the traditional ways of resolving individual labour disputes: in labor dispute commissions and courts and comes to conclusion that special regulation of labour-legal mediation procedure in relation to labour disputes is needed. Proposals to amend the Labor Code with provisions correcting general rules for settling disputes involving a mediator are formulated.
Key words: mediation, mediator, mediation agreement, collective labour disputes, individual labour disputes
Lyutov N. L. (Moscow, Moscow State Law University, e-mail: nlioutov@mail.ru) International labour standards and international trade: the interaction in light of Russia’s entry into the WTO
The article deals with the issues of interaction of international labour standards and international trade in context of Russia’s entry into the WTO. The «pro et contra» arguments concerning the linkage of international trade agreements and human rights in the field of labour are analyzed. The author proposes his critical appraisal of the ILO policy in respect of international trade globalization. Some suggestions concerning the Russia’s own policy on the matter are made.
Key words: ILO, WTO, international labour standards, globalization, international trade
Obukhova G. N. (Omsk, Arbitrage Court of Omsk oblast, e-mail: galnikem@mail.ru) The right to protection in the process of bringing employees to disciplinary liability
The right to protection is essential right in bringing employee to disciplinary liability, its understanding must be based primarily on a comprehensive comparison with the other rights of persons involved in disciplinary proceedings. The article is devoted not only to the rights of employees in the process of bringing them to disciplinary liability, but further socialization of labour discipline.
Key words: employee, right to protection, procedure, disciplinary liability
ECONOMICS AND LAW
Bochkareva E. A. (Krasnodar, Northern Caucasian branch of Russian Academy of Justice, e-mail: finansyst@mail.ru) Budgetary control as a way to balance the budget system and combat corruption in the Russian Federation
The necessity of improving the techniques for budgetary control measures oriented to combat corruption and to balance the budget system of the Russian Federation is substantiated. The author encourages developing of forms of pre-budget control and adopting a special federal law on financial control. The importance of intensifying the interaction of budgetary control authorities with the relevant institutions of higher education in order to improve professional qualification of specialists of control and audit authorities is argumented.
Key words: budgetary control, balance, fight against corruption, financial audits, control and accounting authorities
Gubareva A. V. (Yekaterinburg, Urals State Law Academy, e-mail: ashipova@mail.ru) Foreign trade law as inter-branch institute of the Russian law
The development of foreign trade law of the Russian Federation at the present stage is considered. The analysis of domestic legislation allows to assert that the legal regulation of foreign economic activity in Russia is not limited to civil law. Institutions and legal norms of other branches of law, including constitutional, administrative, financial, customs, currency are involved in the orbit of legal regulation. The author emphasizes that the set of legal rules governing foreign economic activity is complex integrated institute of the Russian law, including the rules of public and private law.
Key words: foreign trade law, international relations, inter-branch institute, international migration of objects of civil rights, economic resources
LEGAL ASPECTS OF ECOLOGY
Kruglov V. V. (Yekaterinburg, Urals State Law Academy, e-mail: eazap@usla.ru) On environmental protection in natural areas with a special regime of nature management and environment protection
Article is devoted to the legal regulation of the functioning of natural areas with special regime of nature management and environmental protection. Their role in addressing environmental, social and other problems, particularly in the industrial regions of Russia is considered.
Key words: natural areas, nature management and environmental protection, legal status, economic activity, legal requirements and measures
ADMINSTRATIVE LAW AND PROCEDURE
Zagrivko D. S. (Moscow, Russian State Trade and Economy University, e-mail: dmitriy.zagrivko@mail.ru) Some problems of proof of innocence in the administrative proceedings in the Russian Federation
In the administrative proceedings in Russia its subjects are using various forms and methods aimed at finding and securing evidence of guilt or innocence of the person brought to administrative responsibility, and expose of the perpetrator. In the absence of legislative recognition of the adversarial principle in the Code of Administrative Offences of the RF it is difficult for a person brought to administrative responsibility to find and obtain the evidence of his innocence.
Key words: competitiveness, proof, administrative procedure, equality of the parties, right to defense, prosecution , administrative responsibility
PROBLEMS OF LEGAL EDUCATION
Levitan K. M. (Yekaterinburg, Urals State Law Academy, e-mail: inyaz@usla.ru) Didactic problems of the contemporary legal education
The purpose of this article is to analyze didactic problems of the contemporary legal education and related matters, including but not limited to the legal profession, legal theory and scholarship. The analysis is based on integrated principles and provisions of management theory, system approach and qualitology. The article focuses on social expectations, requirements and assessment criteria of the legal education quality including the current federal legal education standards for Bachelor, s and Master,s degree. The author submits some proposals to improve the Russian contemporary legal education system quality.
Key words: didactic problems, legal education, management theory, system approach, qualitology, federal legal education standard
EXPERTISE
Dolgova O. B. (Yekaterinburg, Urals State Medicine Academy, e-mail: kafedra@uralsudmed.ru), Kondrashov D. L. (Yekaterinburg, SBIH of SO «Bureau of Forensic Medical Expertise», e-mail: kafedra@uralsudmed.ru) Evaluation by judges the quality of forensic medical examinations for improvement of forensic medical activity
The judges' opinions about the quality of forensic medical activities are analyzed. On the results of interviews shortcomings in the work of forensic experts are identified. Proposals for the optimization of forensic medical service of the Sverdlovsk region are made.
Key words: opinion of the judges, forensic medical examination, quality of work, improvement of activity, forensic medical service
PAGES OF HISTORY
Smirnov V. N. (Yekaterinburg, Urals State Law Academy, e-mail: sea003@usla.ru) Introduction of Judicial charters of 1864 in Perm Gubernia
On the basis of archival papers the author explores the implementation of democratic judicial reform of 1864 in the Urals. The jury, institute of professional defence are considered.
Key words: Judicial charters, Perm Gubernia, district courts, trial chamber, Administrative Senate, jury, attorney, assistant attorney, private attorney
MUSEUM OF SLI-USLA HISTORY
Zipunnikova N. N. (Yekaterinburg, Urals State Law Academy, e-mail: igp@usla.ru) Institute weekdays: science and training of specialists profiles (1931)
CHRONICLE
Abdullin A. I. Davletgil’deev R. Sh., Keshner M. V. (Kazan, Kazan (Volga) Federal University, e-mail: Adel.Abdullin@kpfu.ru) Discussion of the problems of access to justice in international law at Kazan University