TOPICAL PROBLEMS OF HISTORY OF STATE AND LAW
Reference:
Savchenko, D.A.
“No property for the traitor”: responsibility for
aiding an enemy according to the Pskov
Judicial Charter
// Actual problems of Russian law.
2014. ¹ 5.
P. 767-774.
URL: https://en.nbpublish.com/library_read_article.php?id=64878
Abstract:
The article concerns grounds and contents of responsibility for treason (perevet) as a first public crime
mentioned in the acts of ancient Russian law. It is noted that treason was understood as secret informational
and other assistance to an enemy of the Pskov city community. The evidence of guilt of a traitor was first of
all correspondence with the enemy. Treason was a public state crime in a sense, that it was an encroachment
upon the security interests of the entire publicly organized Pskov community. Punishments to the traitors
(hanging or throwing off a bridge) were traditional for the veche and Princes justice of the North-Western
Russia and it was regulated by a legal custom. At a Christian time the capital punishment (hanging or burning)
for treason was sanctioned by the City Law, as included in the Book of the Helmsman. The article analyzes the
text of the Pskov Judicial Charter and the chronicles, which mention punishments of the traitors. The provisions
of the Pskov Judicial Charter are regarded in connection with the legal customs of the Ancient Rome and
medieval China. The conclusion was made that the requirement of the Pskov Judicial Charter of “no property
for the traitor” did not introduce treason as a new type of crime, and it did not establish capital punishment
as a novel type of punishment. At the same time it regulated proprietary consequences of treason. The Pskov
Judicial Charter provided that a criminal lost title to his property (zhivot), which was transferred to the city
community. It made it impossible for the traitor to ransom himself out of capital punishment or transfer the
property to his heirs. That is why treason and other types of crimes to which the rule of “no property” applied
were singled out as a separate category and their legal consequences were quite similar to the “unforgivable”
crimes of the Chinese medieval law and the “heritage” crimes of the Ancient Rome.
Keywords:
ancient Russian law, the Pskov Judicial Charter, the public crimes, perevet, treason, information assistance to the enemy, zhivot, capital punishment, property, responsibility.
TOPICAL PROBLEM OF FINANCIAL LAW
Reference:
Karandaev, I.Y.
Definition of the “budget funds” within the
framework of funancing the activities of budgetary
institutions in the Russian Federation
// Actual problems of Russian law.
2014. ¹ 5.
P. 775-780.
URL: https://en.nbpublish.com/library_read_article.php?id=64879
Abstract:
The object of studies in this article includes normative legal acts regulating the issues of financing the
activities of the budgetary institutions and responsibility for the improper use of budgetary resources, financial
legal definitions reflecting the most significant matters and forms regarding the provided budgetary funds for the
budgetary institutions in the conditions of changes in the mechanism of their financing due to the ongoing reforms
on the improvement of the legal status of state (municipal) institutions of the Russian Federation. Additionally, the
range of studies includes the practice of the interpretation of the financial legal terms “budget funds” in the legislative
acts of the CIS states. Combination of comparative legal and formal legal methods of studies has allowed to
substantiate the need to define the term “budget funds” and to interpret it according to the position of the author.
Scientific novelty of the article is due to the fact that for the first time the need to provide a definition of “budget
funds” within the framework of financing the activities of the budgetary institutions of the Russian Federation is substantiated. The scientific grounds for the need to provide for the definition of “budget funds” in the Budget Code
of the Russian Federation and the attempt of its interpretation by the author in the modern conditions has an important
meaning for the legal practice on responsibility for the misuse of budget funds.
Keywords:
budget funds, budget institution, misuse, budget process, financing, types of subsidies, target subsidies, budget investments, personal account, responsibility.
TOPICAL PROBLEM OF FINANCIAL LAW
Reference:
Kozhevnikova, S.I.
Topical aspects of introduction of the International
Accounting Standards (IAS) in Russia
// Actual problems of Russian law.
2014. ¹ 5.
P. 781-787.
URL: https://en.nbpublish.com/library_read_article.php?id=64880
Abstract:
Russia joining the World Trade Organization (hereinafter, the WTO), integration of the Russian business
into the global economy requires the need to study and use the universal business language, which is understood
by the whole world: the International Accounting Standards. The practice of application of the international financial
reporting standards shows that they allow to guarantee the maximum usefulness of financial reporting
for a wide range of users, allowing to cover the sufficient amount of financial information for all of the participants
within a market. The article concerns the main legal difficulties and problems, which appeared when the
IAC were introduced into the Russian practice, and it is noted, that when introducing the IAC into the Russian
practice one should take into account some differences between the IAC and the Russian accounting standards. It
is substantiated that use of the principle of priority of contents over the form is one of the important differences.
Keywords:
IAS, IAS, financial reporting, Accounting Regulations, normative regulation, consolidated reporting, the Central Bank, the Ministry of Finances, financial reporting, National organization for Financial Accounting and Reporting Standards Foundation.
TOPICAL PROBLEMS OF INFORMATION LAW
Reference:
Kostin, P.Y.
Telephone number and its turnover:
the issues of civil law qualification
// Actual problems of Russian law.
2014. ¹ 5.
P. 788-793.
URL: https://en.nbpublish.com/library_read_article.php?id=64881
Abstract:
With the development of the telephone connection services the economic value of telephone numbers
becomes higher, since their resource is objectively limited. While regulating the telephone service relations, the civil
law has to deal with the phenomena, such as remunerated singling out and “sale” of “pretty” telephone numbers.
The latest changes in the legislation legalized keeping the call number when the operator of mobile telephone
connection is changed, so the science needs to qualify the nature of telephone number and its participation in the
turnover. The article provides substantiation for the thesis, that is it not possible to regard a telephone number as
an object of rights, or as property, since it holds no independent value outside of the telephone connection relations,
and it is just a quality of telephone connection service. The phenomenon for remunerated provision of “pretty”
numbers by the communications providers is explained at the time when the contract is concludes as an “additional
communications service”. “Sale” of telephone numbers to the customers is in fact achieved not with the sales contract,
but with the deals providing for the succession in the obligations arising from the subscribers agreements.
Keywords:
callings address, “pretty” numbres, “sale” of telelphone numbers, object of law, communications services, keeping the phone number, transfer of the phone number, change of the phone number, turnover of a phone number, addittional communications service.
TOPICAL PROBLEMS OF INFORMATION LAW
Reference:
Okolyosnova, O.A.
Disclosure of the information as the form of
guaranteeing access to the information
of public interest
// Actual problems of Russian law.
2014. ¹ 5.
P. 794-798.
URL: https://en.nbpublish.com/library_read_article.php?id=64882
Abstract:
The information which is of interest for the public should be available to it. The main owners of such
information are state government and municipal bodies. Disclosure of information of public interest is an obligation of the relevant bodies, unless access to it is limited by law. By these means the right of citizens to
access information is being guaranteed. This right is at the basis of the social control and the right to participate
in managing the affairs of the state. By comparative analysis of the provisions of normative legal acts on
regulation of the procedures of social control and information disclosure, the author provides the study of the
right to access the information as the legal basis for the social control. The specific features of the definition of
“disclosure of the information”, its role in the information turnover allows to make a conclusion on the need for
the normative provisions for this term. The author also offers the definition of “public interests” as a criterion
for the disclosure of the information and the basis for the public control.
Keywords:
disclosure of the information, right to information, public control, social interest, open data, information openness, provision of information, spreading information, public hearings, information system.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Nikitin, V.V.
Fundamental conditions and declaring a contract
not concluded: Russia and the world
// Actual problems of Russian law.
2014. ¹ 5.
P. 799-809.
URL: https://en.nbpublish.com/library_read_article.php?id=64883
Abstract:
The article concerns of declaring a contract not conclude due to the absence of agreement of parties
on its fundamental conditions. The author discusses the problem of correlation between the contract clauses
and the elements defining the type of contract. The author refers to a contradictory influence of the broadly
applied practice of recognizing the contracts not concluded on the civil law turnover. The author then discusses
an issue on why in some cases the lack of fundamental conditions, also serving as characteristic features of
the type of contract, leads just to changing a type of contract, and in some other cases lack of fundamental
conditions leads to recognizing a contract void and not concluded. The conclusion is made that the contract is
recognized as void and not concluded when imperative norms of law are violated. When an imperative norm
of law, establishing the requirements to the contents of the contract, it is offered to apply the rules of law on
the deals concluded in violation of the legislation, unless the law expressly provides for the consequences of
the voidance of a contract. The article also contains an overview of the foreign experience on the issue. The
author formulates conclusions that the contracts not concluded are known in the continental European legal
orders, but this institution is being criticizes, and it is not widely applied. The key European model documents in
the sphere of private law do not have the definition of the contracts not being concluded. The provisions of the
foreign legal and model law acts are aimed at formation of the mechanism for “healing” the incomplete deals.
Keywords:
fundamental conditions, contracts not concluded, civil law, voidance, comparative law, international law, the European model documents, private law, the continental European legal order states, doctrine of contracts not being completed
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Grib, V.V.
Protection of rights of minority shareholders
in the Russian Federation
// Actual problems of Russian law.
2014. ¹ 5.
P. 810-815.
URL: https://en.nbpublish.com/library_read_article.php?id=64884
Abstract:
The object of studies in this article includes the means for the protection of rights of minority shareholders,
which are currently being applied in the Russian Federation. This issue is topical due to the large concentration
of capital in the Russian joint stock companies. Therefore, there are minority shareholders in many
Russian joint stock companies. The article concerns the means of protection according to the Russian legislation,
and the author also provides evaluation of efficiency and sufficiency of existing means of protection of
minority shareholders. While writing this article the author used the following methods: systemic method,
comparative method, formal legal method and comparative legal method. While studying the protection of
rights of minority shareholders the author made the following conclusions. Firstly, currently there is no legal
definition of minority shareholders in the Russian legislation. Secondly, currently the minority shareholders do
not have any means of protection of their rights via the arbitration tribunals. Thirdly, in spite of the absence
of legal definition of a “minority shareholder” in the Russian legislation and some other shortcomings, the
Russian legislation provides for rather many mechanisms for the protection of rights of minority shareholders.
Keywords:
minority shareholders, joint stock company, bodies of a joint stock company, means of protection of a right, administrative protection of a rights, judicial protection of a right, internal corporate protection of rights, mediation, arbitrability of corporate disputes, repurchase of shares.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Kirillova, E.E.
Substitution in the inheritance law of Russia:
value, role, specific features
// Actual problems of Russian law.
2014. ¹ 5.
P. 816-820.
URL: https://en.nbpublish.com/library_read_article.php?id=64885
Abstract:
The article concerns the institution of substitution of a heir in the civil legislation of the Russian Federation.
The author provides the Roman inheritance tradition, which primarily provided for the substitution of heir and the
Roman law of the post-classical epoch provided for the several kinds of inheritance substitution. The author studies
the legal status of the substitute heir, his rights and obligations, provides comparative analysis of inheritance substitution
and the institution of inheritance transmission. The author studies nature, role and value of inheristance
substitution in the Russian legislation paying attention to the specific features of its legal regulation. The analysis
of the specific features of inheritance relations appearing when a heir is substituted by the testament allows one to
draw a conclusion that inheritance substitution is an independent type of inheritance. Inheritance relations appear
due to the death of the main heir as well as due to the death of the testator, or due to the causes mentioned in Art.
1121 of the Civil Code of the Russian Federation, allowing to bring a substitute heir to inheriting.
Keywords:
inheritance law, heir, testator, inheritance substitutions, inheritance transmission, substituted heir, succession, testamentary disposition, quasipupilar substitution, vulgar substitution.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Rudakova, V.D.
Title to property of public legal entities
// Actual problems of Russian law.
2014. ¹ 5.
P. 821-827.
URL: https://en.nbpublish.com/library_read_article.php?id=64886
Abstract:
The article contains analysis of the currently existing civil law approaches towards individualization of
property of legal entities, which are formed by the public law formations. The object of studies concerns public
relations appearing in the process of registering the property status of these entities. The author studies dualism
of rights of legal entities, which are formed by the state, and of their property, character of rights appearing
within the frameworks of the economic control and operational control, their correlation with the title to property,
character of proprietary rights of public corporations. The author singles out the opportunities for the use of
the publicly owned property construction in order to form the proprietary independence of the public legal entities.
The methodological basis for the studies includes general and specific scientific methods: analysis, synthesis,
comparison, analogy, proof, historical method, systemic analysis method, interdisciplinary analysis. Within the
framework of operational control the author singles out two social ties, first of which is an absolute proprietary
legal relation, which is not different from title to ownership, while the second one is a corporate relation. That is
why, it is offered to recognized subjects of law under operational management to be the owners of the property
provided to them. The title to property of state corporation is regarded in this article as a public form of title to
property, and its implementation is due to social needs, managerial needs, and other socially important functions.
A public legal entity is regarded as a new organizational and legal form of a legal entity, which shall substitute
all of the forms of mediated legal entities formed by the public law institutions. In order to recognize the
proprietary status of these persons it is offered to use the construction of the title to public property. Such an approach
shall form a sufficient basis for the legal personality of the said legal entities, it shall guarantee state and
public interests in the transferred property, as well as the fully fledged mechanism for the civil law responsibility.
Keywords:
civil law, legal entities, public legal entities, proprietary rights, operational control, economic control, public property title, public corporations, state unitary enterprises, institutions.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Svirkov, S.A.
Contract for the operative dispatching control
according to the legislation on electric energy
// Actual problems of Russian law.
2014. ¹ 5.
P. 828-833.
URL: https://en.nbpublish.com/library_read_article.php?id=64887
Abstract:
The article contains analysis of the legislatively provided procedure for the implementation of operative
dispatching activities in the sphere of electric energy, as well as of the main forms of such activities. The author provides characteristics of the ODC contract. At the same time, it is proven that the legislatively
provided contractual service form for this type of services does not correspond to the nature and contents of
these relations, causing a number of organizational problems. Analysis of the contents of control instruction
does not allow for its recognition as a service in a civil law sense of the term. The methodological basis for
the studies included general scientific (dialectic) method of cognition, methods and techniques of formal logic
(analysis, synthesis, deduction, induction, etc.), as well as special cognition methods: formal legal methods,
comparative legal method, technical legal method, linguistic method, institutional method, systemic method,
empirical method, etc. The article is characterized with the scientific novelty, since the ODC relations are not
sufficiently studied within the Russian legal doctrine. At the same time the article contains evaluation of the
currently existing legislative construction in this sphere and the possible ways for their improvement. The main
conclusion of the article is an initiative for the centralized implementation of the ODC activities, based upon
the contract of adhesion to the trade system of the wholesale market.
Keywords:
operative dispatcher control, electric energy business, services contract, system operator, control instruction, services, liability insurance, subjects of the wholesale market, wholesale market for electric energy, natural monopoly.
TOPICAL PROBLEMS OF ENTERPRENEURIAL LAW
Reference:
Lyahova, M.A.
Legal nature of the contract for the development
of the built-up area
// Actual problems of Russian law.
2014. ¹ 5.
P. 834-841.
URL: https://en.nbpublish.com/library_read_article.php?id=64888
Abstract:
The article concerns the legal nature and the list of fundamental conditions for the contract for the
development of the built-ap areas according to the civil and city-planning legislation The conclusion is made
that the contract for the development of the built-up area is an entrepreneurial one by its nature, while at
the time of its conclusion and implementation there are public law elements due to the interdisciplinary
connections between civil and city-planning branches of law. The entrepreneurial nature of this contract is
due to the fact that parties to the contract receive mediated profit: part of the housing constructions may
be transferred to the property of public law formation. As for the goals, the contract for the development of
the built-up area is a causal one, it has limited application period, and it includes remuneration, since there
is a cost for the right to conclude the contract and an obligation to pay the repurchase price. The contract
for the development of the built-up area is an investment contract, and its legal nature allows to single out
its entrepreneurial character.
Keywords:
development of a built-up area, construction, fundamental conditions for the contract, development contract, conclusion of a contract, open auction, planning project, developer, registering title to property, administration.
TOPICAL PROBLEMS OF CIVIL PROCESS
Reference:
Ershova, N.V.
Legal consequences for the claim for recognizing falsified
(counterfeited) evidence in civil judicial proceedings
// Actual problems of Russian law.
2014. ¹ 5.
P. 842-848.
URL: https://en.nbpublish.com/library_read_article.php?id=64889
Abstract:
The article contains comparative legal analysis of the legislative regulations in the Civil Procedural
Code and the Arbitration Procedural Code of the Russian Federation of the issues regarding the legal consequences
of the claim for recognizing some evidence as being counterfeited (falcified). The author substantiates
the conclusion on the need to explain the criminal law consequences both in the arbitration and civil proceedings,
when such a claim arises. The author also resolves the issue on to whom ( to a party in a case or his representative)
the consequences for the deliberately fraudulent claims and falcification of evidence in a civil case.
The author offers to exclude the norm of Art. 161 of the Arbitration Procedural Code of the Russian Federation,
according to which the challenged evidence may be excluded from the list of evidence upon the agreement of
the party providing such evidence, since falcification of evidence is a crime with formal elements. The author
studies the problems of interaction between the arbitration courts and law-enforcement bodies, when the
elements of a crime are revealed, and proposes the ways to overcome the problems.
Keywords:
legal nature of a claim, falcification, counterfeit, criminal law consequences, libel, deliberately fraudulent claim, bringing to liability, excluding the disputed evidence, judicial practice, civil law proceedings.
TOPICAL PROBLEMS OF CRIMINAL LAW
Reference:
Zatsepin, A.M.
Changes in the criminal law and qualification
of crimes
// Actual problems of Russian law.
2014. ¹ 5.
P. 849-855.
URL: https://en.nbpublish.com/library_read_article.php?id=64890
Abstract:
The author analyzed the qualification of crime when the criminal law has changed. The general qualification
rule is that the criminality and punishability of an act is defined by the law which was in force at the
time when the crime was committed. An exception from the general rule is the rule on retroactivity of criminal
law. Qualification of crimes takes place just in some cases when the criminal law changes according to the
Art. 10 of the Criminal Code of the Russian Federation. When the criminality of act is abolished or established,
it is undoubtedly applicable, since in one case there shall be elements of a crime in an act, while in another
case there shall be no elements of crime in an act, requiring a decision on what shall be the final qualification
of a crime. The author analyzes the qualification of crimes when the law abolishing the criminality of an act,
or mitigating the responsibility for an act comes into force, or when a law establishes criminality of an act or
aggravates the punishment. The conclusion is made that some types of qualification of crimes in the situation
when the criminal law changes, which are not regulated by law. The author provides a qualification of crimes
when the punishment is partially mitigated and partially aggravated, and the cases of application of the socalled
intermediary law in some cases. When the additional qualification of a crime is objectively incorrect,
making the decision that the elements of crime are present (are not present) within the certain crime, while
they are present or not depends on the changes in the criminal law.
Keywords:
disposition of criminal law, sanction of criminal law, criminal law, changes in the criminal law, criminality of an act, the Criminal Code, the mitigating law, the aggravating law, qualification, responsibility.
TOPICAL PROBLEMS OF CRIMINAL LAW
Reference:
Mkrtychyan, S.A.
System of punishments in the Criminal Code
of the RSFSR of 1922, 1926 and 1960
// Actual problems of Russian law.
2014. ¹ 5.
P. 856-860.
URL: https://en.nbpublish.com/library_read_article.php?id=64891
Abstract:
The article is devoted to the problem of formation of the system of punishments in the first Soviet
Criminal Codes (CC) The CC of RSFR of 1922 provided for a “ladder” of punishments on one hand, and the list
of social protection measures on the other hand. However, the social protection measures were applied to the
persons connected with the criminal environment, as well as to those who have committed crimes. In the CC
of RSFR of 1926 the term punishment was abolished and the term “measures of social protection” was used instead.
The said documents did not provide for the system of punishment, since the social protection measures
were based upon the theory of dangerous condition of a person, and they applied to those who have committed
crimes, as well as to those who were dangerous due to their connections with the criminal environment or
due to their former activities. The CC of RSFR of 1960 introduced the following changes: a) it returned from the
social protection measures to the definition of punishment; b) it did not include a number of political measures
of punishment; c) it provided for the more detailed regulation of specific types of punishment, narrowing the
scope of judicial discretion when assigning a punishment; d) it used other order for placing punishments – from
the less severe to the more severe.
Keywords:
formation of the system of punishments, the Criminal Code of the Russian Federation, elements of the system of punishments, social protection measures, types of punishments, system of punishments, problems of formation, legal protection, elements, Fundamentals of Criminal Legislation.
TOPICAL PROBLEMS OF CRIMINAL LAW
Reference:
Osadchaya, A.S.
On the issue of functions of the component
elements of a crime
// Actual problems of Russian law.
2014. ¹ 5.
P. 861-866.
URL: https://en.nbpublish.com/library_read_article.php?id=64892
Abstract:
The article is devoted to the analysis of the functions within the component elements of crime. Within
the general theory of law when the legal function was analyzed the attention of the scientists was usually centered upon its role within the system of social relations. The functions reflect the most significant, most
important legal features, characterizing law in motion, reflecting its dynamic nature. Therefore, the functions
of law are the main directions of legal influence, reflecting the role of law in bringing order into social relations.
The definition of functions of constituent elements of a crime was for the first time used by Y.M. Brainin,
who has noted that the constituent elements of crime as a criminal law institute performed two functions.
M.I. Bazhanov considered that the functions of the constituent elements include fundamental, guaranteeing,
distinguishing, procedural, dogmatic, qualificational, descriptive, restrictive, axiological, dogmatic and praxeological
functions. The author considers that the classification provided by M.I. Bazhanov is quite acceptable
with some clarifications offered by the author.
Keywords:
functions, functions of law, functions of the constituent elements of crime, elements of crime, classification, functions of legal categories, qualification, criminal responsibility, bases for criminal responsibility, crime.
TOPICAL PROBLEMS OF CRIMINAL LAW
Reference:
Bimbinov, A.A.
Violent sex crimes in the CIS states
// Actual problems of Russian law.
2014. ¹ 5.
P. 867-873.
URL: https://en.nbpublish.com/library_read_article.php?id=64893
Abstract:
The article includes analysis of the norms providing for the criminal responsibility for the violent sex
crimes in the CIS states. The author views component elements of the crime of “Sodomy” in the legislation of
Uzbekistan and Turkmenistan, providing the fundamentals for decriminalizing the voluntary sodomy of grownup
persons. Then the article provides results of comparative legal studies of the norms of criminal legislation
of the CIS states on responsibility for non-violent crimes against the sexual integrity of the juveniles. Based
upon uniting the most successful provisions of the Criminal Codes of the CIS states, the author provides his
own version of the unlawful sexual intercourse and other sexual activities with a person under 16 years of
age. The analysis of the component elements of crime of “sexual abuse” showed the dependency between its
objective elements and the objective elements of the crime of “Sexual intercourse or other sexual activities
with a person under 16 years of age and (or) prior to sexual maturity”. The author provides detailed evaluation
of age criteria for the victims and subjects of non-violent sex crimes, noting significant shortcomings and the
ways to overcome them.
Keywords:
non-violent sex crimes, the CIS, sodomy, sexual integrity, sexual intercourse, sexual activities, sexual abuse, sexual maturity, Lesbian, juveniles.
TOPICAL PROBLEMS OF CRIMINAL LAW
Reference:
Simonov, A.G.
Criminal law characteristics of the subject
of destruction or causing harm to the forest
and other planted vegetation
// Actual problems of Russian law.
2014. ¹ 5.
P. 874-879.
URL: https://en.nbpublish.com/library_read_article.php?id=64894
Abstract:
The article contains analysis of the elements of the subject of destruction or harming of forests
and other planted vegetation, and a proposal is made for lowering the minimum age of an offender in
a crime under Art. 261 of the Criminal Code of the Russian Federation to 14 years old. The author studies
the issues of criminal responsibility of legal entities for environmental crimes taking into account the
foreign criminal legislation (in the Great Britain, the USA, Germany, Holland, Denmark, Norway, Finland,
Jordan, Lebanon, Syria, the People’s Republic of China, India, Japan, Romania, the Republic of Moldova,
the Lithuanian Republic). The article supports the proposal of introduction of criminal responsibility of
legal entities specifically for criminal destruction or harming of forests and other planted vegetation on
a condition that this idea shall be implemented in a comprehensive procedure within the framework of
the norms of the General and Specific Parts of the Criminal Code of the Russian Federation. The criminal
responsibility for the destruction or harming forest and other vegetation by the legal entities in the
course of their economic activities is offered to establish in the special Art. 261.1 of the Criminal Code of
the Russian Federation.
Keywords:
environmental crime, elements of a crime, forest vegetation, criminal law characteristics, subject of a crime, elements, criminal responsibility age, legal entity, economic activity, legislation of foreign states.
TOPICAL PROBLEMS OF CRIMINAL LAW
Reference:
Veliev, F.Z.
“Hate Crime” in the criminal legislation of the states
of the common law legal family (the Great Britain,
the USA, Canada, Australia, New Zealand)
// Actual problems of Russian law.
2014. ¹ 5.
P. 880-884.
URL: https://en.nbpublish.com/library_read_article.php?id=64895
Abstract:
The author offers analysis of criminal legislation on “hate crime” in the states within the common
law (Anglo-Saxon) legal family: the UK, the USA, Canada, Australia and New Zealand. The author names the
elements, based upon which the crimes are qualified as “hate crime” in the legal systems of these states: race,
skin color, nationality (including citizenship), ethnical background, religion, gender identity, sexual orientation,
age, incapacity (inability to work), etc. Special attention in the legislation of these states is paid to establishing
the intent of an offender and fear, worry or humiliation felt by a victim (victims) due to the encroachment
against him (them). The author describes specific measures taken by legislative and executive bodies of the
said states in order to fill the gaps and widen the scope of application of criminal responsibility for such crimes.
The conclusion is made that generally the punishments are rather strict.
Keywords:
criminal legislation of the UK, criminal legislation of the USA, xenophobic crimes, racial discrimination, hate propaganda, kindling hatred, hate crime, criminal legislation of Canada, criminal legislation of Australia, criminal legislation of New Zealand.
TOPICAL PROBLEMS OF CRIMINAL PROCESS
Reference:
Burmagin, S.V.
Separation between prosecution and judiciary
in the criminal judicial proceedings in Russia: from
the judicial reform of 1864 to the current situation
// Actual problems of Russian law.
2014. ¹ 5.
P. 885-896.
URL: https://en.nbpublish.com/library_read_article.php?id=64896
Abstract:
The article concerns the history of solutions of the conceptual issue of separating prosecution and
judiciary, distinguishing the competences of the criminal investigation bodies and the court starting from the
judicial reform of 1864. Special attention is paid to the functional formation of judicial proceedings under the
current Criminal Procedural Code of the Russian Federation. Special attention is paid to the functional separation
of the criminal court from prosecution as a party based on dispositive judicial proceedings according to
the current Criminal Procedural Code of the Russian Federation. The author notes the causes for the practical
deviance of the courts from the dispositive matters, making the court part of accusatory activity. The author
provides critical evaluation of the Decision of the Constitutional Court of the Russian Federation of July 2, 2013
and legislative initiatives for restoration of the institution for the return of the case for additional investigation,
and obliging the court to establish the “objective truth” and fill the gaps in the preliminary investigation. The
study is based upon the dialectic, historical, comparative legal and formal legal cognition methods, allowing
to uncover the patterns in the transformation of the correlation of competences of the prosecutor and the
court in the criminal process. The conclusion is drawn that the separation of prosecutor and judiciary is the reflection
of separation of powers in the criminal judicial proceedings. Initiative of the court to return the case to
the prosecutor for strengthening the accusation and making the court fill the gaps of preliminary investigation
during the trial violate the separation of procedural functions between judiciary and prosecution, causing their
competences to mix. The proposed amendments into the Criminal Procedural Law of the Russian Federation
contradict to the competitive elements in the criminal judicial proceedings and return it into the framework of
the prosecutorial criminal process.
Keywords:
fairness of criminal justice, impartiality of the court, independence of the court, return of the case to the prosecutor, procedural functions, criminal court, prosecutorial power, criminal judicial proceedings, separation of powers, adversarial judicial proceedings.
TOPICAL PROBLEMS OF CRIMINAL PROCESS
Reference:
Gavrilov, B.Y.
Implementation of certain provisions of the
Criminal Judicial Proceedings Charter in the modern
pre-trial proceedings in Russia
// Actual problems of Russian law.
2014. ¹ 5.
P. 897-905.
URL: https://en.nbpublish.com/library_read_article.php?id=64897
Abstract:
The article is devoted to the modern problems in the sphere of criminal procedural legislation and the
possibilities for implementation into it of certain provisions of the Charter of Criminal Judicial Proceedings. The
immediate object of studies includes the patterns of pre-trial procedure in the process of implementation of specific
norms of the Criminal Procedural Code of the Russian Federation at the stages of initiation of a criminal case
and preliminary investigation, including the procedural rules for the initiation of a criminal case, refusal to initiate
a criminal case, presentation of the accusation, procedural terms for the investigation, choice of the restraining
measures towards the persons hiding from the preliminary investigation bodies, and those on federal wanted
list, etc., as well as the propositions of the author on the improvement of criminal procedural legislation on these
issues. The methodological basis for the study is substantiated with the dialectic cognition method of studying
matters and processes in their mutual relation and connection. Its implementation is guaranteed by a complex of
general and specific scientific research methods. The scientific novelty of the work is due to the fact that due to
the changes introduced in 2007-2013 into the Criminal Code of the Russian Federation, the author offers his own
analysis of the main procedural institutions, including initiation of the proceedings on a criminal case, presentation
of an accusation, guaranteeing reasonability principles in criminal judicial proceedings, differentiation of
procedural capability of prosecutor and head of the investigative bodies, etc.
Keywords:
initiation of a criminal case, refusal to initiate a criminal case, presenting an accusation, reasonable period for judicial proceedings, detention, procedural capabilities of the prosecutor, head of the investigative body, head of the inquiry division, limited inquiry, notification on suspicions.
TOPICAL PROBLEMS OF CRIMINAL PROCESS
Reference:
Muravyev, K.V.
Precision of preliminary legal evaluation of an act
and limitations to judicial proceedings in the
Charter of Criminal Judicial Proceedings and
in the modern law
// Actual problems of Russian law.
2014. ¹ 5.
P. 906-913.
URL: https://en.nbpublish.com/library_read_article.php?id=64898
Abstract:
The object of studies concerns the norms of Russian criminal procedural law, providing for the requirements
for reflecting the legal evaluation of an act during the proceedings on a criminal case. Supporting the
positions of the procedural law scholars of the pre-Revolution and current time on the inseparable link between
material and procedural criminal law, the author has set a goal to provide a comparative analysis of the
provisions of the Charter of Criminal Judicial Proceedings of the Russian Empire and the Criminal Procedural
Code of the Russian Federation on the issue of possibility for the correct application of material criminal law
by the persons handling the case. The article provides comparative analysis of the provisions of the Charter of
the Criminal Judicial Proceedings of the Russian Empire and the Criminal Procedural Code of the Russian Federation.
The author substantiates the position that the requirements of the current legislation on the precise
legal evaluation of an act in the documents at the pre-trial stages of the process is excessive. Turning to the
provisions of the Charter of Criminal Judicial Proceedings of the Russian Empire, interpretation of the Senate,
norms of the international law, positions of the Constitutional Court of the Russian Federation and the positions
of the procedural scholars, the author draws a conclusion on the need to improve the regulation of the
limitations to the judicial proceedings in the Criminal Procedural Code of the Russian Federation.
Keywords:
Charter of Criminal Judicial Proceedings of the Russian Empire, qualification, criminal law evaluation, limitations to the judicial proceedings, application of the criminal law, legal evaluation, procedural act, accusation act, accusation, court.
TOPICAL PROBLEMS OF CRIMINAL PROCESS
Reference:
Panokin, A.M.
Limited inquiry
// Actual problems of Russian law.
2014. ¹ 5.
P. 914-918.
URL: https://en.nbpublish.com/library_read_article.php?id=64899
Abstract:
The article contains analysis of the topical issues of the novel institution of criminal procedural law: limited
inquiry. The author analyzes the correlations the periods for examination of the information on the committed
crime in limited inquiry, general inquiry and preliminary investigation. The author also studies the changes in the
legal regulation of the types of preliminary investigation in 2002-2013. The article contains evaluation of grounds
and procedures for the limited inquiry as well as the circumstances precluding application of this type of inquiry. The
author studies specific features of the information (claim) of a crime, and evaluation of the plea of the suspect for
limited inquiry. Much attention is paid to the specific features of proof in limited inquiry and judicial proceedings in a criminal case, when the inquiry was limited. The author makes a conclusion that the norms on limited inquiry are
not constitutional, since they do not correspond with the principle of presumption of innocence, do not provide for
comprehensive, full and objective investigation of a crime, considerably limit the procedural rights and possibilities
of the suspect and his defense, inevitably violating human rights in the process of limited inquiry.
Keywords:
preliminary inquiry, inquiry, preliminary investigation, information of a crime, period for investigation, criminal procedural form, presumption of innocence, participation of defense, specific features of proof, specific features of judicial proceedings.
TOPICAL PROBLEMS OF CRIMINAL PROCESS
Reference:
Shestakova, T.D.
On the issue of the algorithm of acts of an
investigator in the proceedings on a criminal
case with a foreign element
// Actual problems of Russian law.
2014. ¹ 5.
P. 919-923.
URL: https://en.nbpublish.com/library_read_article.php?id=64900
Abstract:
The article analyzes the problems of participation of foreign citizens in the criminal process. The author
consequently evaluates the forms, in which the foreigners take part in the Russian criminal process, as well as
the practical problems appearing in the activities of the investigator. The article is based upon the results of
the empiric method of studies, polling among the investigators and advocates with the experience on the cases
involving foreign citizens. Based on the above the author makes a conclusion on the need to introduce changes
into the Criminal Procedural Code of the Russian Federation, and also offers an algorithm for the actions of an
investigator in the proceedings on criminal cases involving foreign citizens in order to guarantee their rights and
lawful interests. The general scientific methods involve analysis and synthesis, empirical methods involve description,
questionnaires, specific scientific methods include formal legal, specific legal, logical legal, normative legal,
doctrinal, specific legal, logical legal, normative legal, doctrinal interpretation, analogy of law and the law. The
article for the first time contains an attempt to develop an algorithm for the actions of the practicing lawyer (investigator)
in order to guarantee rights and lawful interests of foreign residents according to the Criminal Procedural
Code of the Russian Federation and the lawful rights of the foreign citizens involved in the Russian criminal
process. Analysis of the practice allows the author to state that the legislator defines by law the rights of a foreign
party to a process, however, it is not clarified how the investigator should implement these rights. It causes a
number of practical problems, which have to be dealt with anew every time by an investigator in an absence of
clear legislative provisions. It causes violations of rights and lawful interests of foreign citizens. The author offers
to introduce amendments into the text of the Criminal Procedural Law, and to provide for an algorithm for the
activities of an investigator, which may also be used in the practical work.
Keywords:
foreign citizens, investigator, international treaty, interpreter, diplomatic immunity, language principle, principles of criminal judicial proceedings, participants of the criminal judicial proceedings, international cooperation, consular immunity.
TOPICAL PROBLEMS OF CRIMINAL PROCESS
Reference:
Spesivov, N.V.
Right to fair trial and its implementation in the
proceedings on criminal case involving juveniles
// Actual problems of Russian law.
2014. ¹ 5.
P. 924-929.
URL: https://en.nbpublish.com/library_read_article.php?id=64901
Abstract:
The scientific article is devoted to the topical issue of the science of criminal process, which is implementation
of the international standard of fair trial in the proceedings on criminal cases involving juvenile persons.
Having analyzes numerous international documents, containing norms on the right to the fair trial, as well as
the judicial practice of their application scientific views of Russian and foreign legal scholars, the author makes a
conclusion that there is need to improve the procedure for the criminal cases involving juvenile persons. Currently
the Criminal Procedural Code of the Russian Federation regulates the proceedings on this category of cases in a
special chapter (16), which is generally in compliance with the generally recognized principles and norms of international
law. However, some problems arise in Russia in the proceedings involving juvenile persons, and they are
analyzed in this article, including the issues of transparency of justice, differentiation of the form of proceedings
in this category of cases, and these problem require careful evaluation and resolution.
Keywords:
international standards, fair trial, transparency of justice, juveniles parties to judicial proceedings, juvenile justice, the Beijing Rules, criminal process, the European Convention, limitation to openness, juvenile courts.
TOPICAL PROBLEMS OF CRIMINAL SCIENCE
Reference:
Novikov, Y.V
Mechanism for the determination of criminal
behavior as an element of criminological
characteristics of crime
// Actual problems of Russian law.
2014. ¹ 5.
P. 930-937.
URL: https://en.nbpublish.com/library_read_article.php?id=64902
Abstract:
The article includes detailed analysis of the terms “mechanism of criminal behavior”, “mechanism
of a crime”, “mechanism of criminal activity”, “crime”, “criminological situation”, “criminological environment”,
their similarities and differences, based upon which the author discusses criminological characteristics
of certain types (groups) of crime and offers to use the term “mechanism for the determination of criminal
behavior”. The mechanism of determination of criminal behavior is a process of application of objective and
subjective factors expectably leading to a crime, defining the sequence, development and contents of precrime,
criminal and post-crime acts or failures to act. The author offers the structure for the mechanism of
determination of the criminal behavior. In the opinion of the author description of the mechanism of criminal
behavior according to the structure allows for the maximally comprehensive description of negative features
of the criminal object, establishing the stages for the genesis of the relevant kind (type) of crime, personality of
a criminal, taking into account both the temporary factors and the stages of development of a crime.
Keywords:
mechanism for determination, criminological characteristics, mechanism of criminal behavior, mechanism of a crime, mechanism of criminal activity, crime, criminal situation, criminal environment, personality of a criminal, crime.
TOPICAL PROBLEMS OF ORGANIZATION OF LAW ENFORCEMENT ACTIVITIES
Reference:
Piunova, V.I.
Administrative justice in Ukraine
// Actual problems of Russian law.
2014. ¹ 5.
P. 938-944.
URL: https://en.nbpublish.com/library_read_article.php?id=64903
Abstract:
In order to study and resolve legal conflicts appearing in the sphere of public law relations, the specialized
administrative courts were formed in Ukraine. The Ukrainian model of administrative justice is characterized
by the formation within the system of the courts of general jurisdiction of a specialized branch – administrative
courts: 1) local administrative courts (local general courts as administrative courts and district
administrative courts); 2) administrative appellate courts; 3) Supreme Administrative Court of Ukraine; 4) the
Supreme Court of Ukraine. Introduction of the said courts has allowed to considerably improve the situation
in the sphere of protection of human rights and basic freedoms, as well as rights of legal entities from the violations
by the state government bodies, municipal bodies, their officials, and other subjects in the process of
implementation of their administrative functions. The article concerns the issues of organization of the system
of administrative courts in Ukraine, defining the place of administrative courts within the judicial system of
Ukraine. Special attention is paid to the competence of all of the levels within the system of administrative
courts, the issues of formation of the judicial corpus of the administrative courts and specific features of the
status of judges of administrative courts in Ukraine.
Keywords:
administrative justice, administrative court, judicial instance, subject matter jurisdiction, court jurisdiction, competence over administrative cases, status of a judge, administrative case, judicial chamber, justice, qualification commission.
TOPICAL PROBLEMS OF INTERNATIONAL LAW
Reference:
Biryukov, P.N.
On criminal responsibility of legal entities
in the international law and legislation
of the Russian Federation
// Actual problems of Russian law.
2014. ¹ 5.
P. 945-952.
URL: https://en.nbpublish.com/library_read_article.php?id=64904
Abstract:
The article concerns international legal aspects of criminal responsibility of legal entities regarding
Russia. Having signed a number of international treaties, the Russian Federation has accepted an obligation
to introduce criminal responsibility for legal entities, which calls for significant amendments into the national criminal code. The bodies of international organizations also have accepted documents, requiring significant
amendments of the criminal law of the Russian Federation. However, till the current time there are no amendments
in this sphere in the Criminal Code of the Russian Federation. When writing an article the author used
the methods of comparative legal studies, comparison and comprehensive analysis of the texts of normative
legal acts. The topic of the research is not very popular in the legal science, and the Russian legal scholars are
generally skeptical towards the idea of criminal responsibility of the legal entities. It is obvious that with some
time the criminal responsibility of legal entities shall be reflected in the criminal legislation of Russia. That is
why, it seems rational to study the foreign experience in order to reveal the best model of criminal responsibility
for the legal entities.
Keywords:
criminal responsibility, legal entities, implementation of the norms of international law, transnational crime, GRECO, transformation, international law, fighting corruption, international criminal law, money- laundering.
TOPICAL PROBLEMS OF THE EUROPEAN UNION LAW
Reference:
Arabey, E.S.
Specialized bodies of the European Union in the
sphere of customer protection
// Actual problems of Russian law.
2014. ¹ 5.
P. 953-958.
URL: https://en.nbpublish.com/library_read_article.php?id=64905
Abstract:
The article “Specialized bodies of the European Union in the sphere of customer protection” is devoted
to the analysis of the activities of the institutions and bodies of the European Union in the sphere of customer
protection. In this article the author analyzes the activities of the institutions of the European Union: the European
Commission, the European Parliament, and the Council, which are aimed at the implementation of the
competence of the European Union in the sphere of customer protection. Within each of these institutions,
the author singles out the structural divisions, which are responsible for the implementation of competence of
the EU in the sphere of customer protection, analyzing their legal status and the range of their competence.
The author also includes brief analysis of the activities of institutions and bodies of the European Union within
the framework of comitology. In addition to the activities of the institutions and their structural divisions
the article includes analysis of the bodies of the European Union bodies: ECOSOC, the European Food Safety
Authority. The author provides analysis of the activities of the EU bodies and institutions, implementing the
competence of the EU in the sphere of consumer protection. Finally, the author draws a conclusion on the
presence of the developed system of institutions and bodies implementing the competence of the European
Union in the sphere of customer protection and on the combination of legislative norms regulating activities
and institutions of the EU in the sphere of customer protection.
Keywords:
customer protection, the EU law, institutions, bodies, the European Commission, General Directorate, customer, competence, comitology, executive agency.
TOPICAL PROBLEMS OF THE EUROPEAN UNION LAW
Reference:
Dvenadtsatova, T.I.
Final stage of creating a common energy market
of the EU: when strictness is a formula for success
// Actual problems of Russian law.
2014. ¹ 5.
P. 959-969.
URL: https://en.nbpublish.com/library_read_article.php?id=64906
Abstract:
The article concerns the practice of the European Commission and the Court of Justice of the EU on
implementation of the “Energy Package” (mainly, the Third Energy Package) in order to point out the primary
role of the Commission and the Court of Justice of the EU in the formation of the united energy market of the
EU at its final stage. The author aims to show how the Commission in close cooperation with the Court of
Justice of the EU uses the coercive means towards states and companies so that they fulfill their obligations in
the power industry sphere. The author provides detailed descriptions of the number of cases against energy
companies or the EU Member States, which were initiated by the Commission, and some of them made it into
the Court of Justice. The conclusion is drawn that it is the strict approach of the European Commission and
principal position of the Court of Justice of the EU in the sphere of interpretation of the provisions of the EU
legislation in the sphere of power industry that guarantee the success of the formula for the formation of the
internal energy market of the EU in 2014.
Keywords:
the European Union, TEP, implementation, competition, energy market, the European Commission, the Third Energy Package, liberalization, the EU Member States, the energy companies.
TOPICAL PROBLEMS OF THE EUROPEAN UNION LAW
Reference:
Trubacheva, K.N.
The legal fundamentals of the relations between the
European Union and the Republic of Belarus
// Actual problems of Russian law.
2014. ¹ 5.
P. 970-974.
URL: https://en.nbpublish.com/library_read_article.php?id=64907
Abstract:
The European policy of good neighborliness relations is the special system of formation of international
relations between the EU and the third party states, which is an inalienable part of the foreign policy
of the EU. The legal basis for the EU policy of good neighborliness is formed by the so-called “hybrid agreements”,
which are concluded by the EU and the third party states. The said “hybrid agreements” have direct
influence upon the legal systems of both the EU and the third party state. Based on the above, the Court of
Justice of the EU has recognized them as inalienable part of the legal system of the EU. The methodological
basis for the studies was formed with both the general scientific methods for the cognition of the objective
reality and the special methods and means, characteristic for the legal sciences: dialectic, historical, structural
– legal, logical deduction and induction, systemic approach, etc. There was also need for the special
legal cognition methods, including comparative legal method, method of strategic evaluation, structural
legal method and statistical method. The scientific novelty and the conclusions of the article represent an
attempt to systematize and analyze the experience of the EU in the sphere of formation, regulation and
keeping a specific type of relationship with the Republic of Belarus. Special attention is paid to the analysis
of the legal provisions for the competence of the EU in the sphere of external activities toward the third
party states, the main directions of the regulation in this sphere. The novelty of the work is reflected in the
attempt of the author to uncover the existing shortcomings of the normative legal basis regulating the relations
between the EU and the Republic of Belarus.
Keywords:
the European Union, the international relations, good neighborliness policy, hybrid agreement, the EU Treaty, the Eastern Partnership, the Republic of Belarus, the Third Party States, state, law.
TOPICAL PROBLEMS OF INTERNATIONAL PRIVATE LAW
Reference:
Fedorova, E.P.
Public order in Russian and French law: comparative
analysis. Public economic order
// Actual problems of Russian law.
2014. ¹ 5.
P. 975-981.
URL: https://en.nbpublish.com/library_read_article.php?id=64908
Abstract:
The article includes the comparative legal aspect of analysis of the specific features of formation of
the public order concept in Russian and French legal systems, leading to various approaches and various position
of this concept within them. The author makes a conclusion that the public order concept, while being
initially formed as domestic concept, gained a character of a general legal principle of the French law, being
recognized as a fundamental legal category within all branches of law. At the same time, in the Russian legal
system this concept is only developed within the framework of the international private law. The said specificities
influence the formation of the legal constructions for the certain types of legal order, namely, the category
of public economic order, which is not known to the Russian legal science. The author offers to provide
a historical overview of the specific features of the formation of this category in the French law, as well as the
changes, which it is currently going through.
Keywords:
public economic order, French law, comparative law, international private law, public order, fundamental principles of law, neoliberalism, the European contract law, autonomy of will.
TOPICAL PROBLEMS OF INTERNATIONAL PRIVATE LAW
Reference:
Minina, A.I.
Criteria for the dispute arbitrability
// Actual problems of Russian law.
2014. ¹ 5.
P. 982-987.
URL: https://en.nbpublish.com/library_read_article.php?id=64909
Abstract:
The article concerns the issue of the criteria for dispute arbitrability. Based upon the analysis of
problems of application of arbitrability of the dispute, which involves the gradual widening of the scope
of issues acceptable for the resolution in international commercial arbitration, causing a number of difficulties,
as well as the need to find the instruments, which would allow to achieve uniformity in regarding
certain categories of dispute as being arbitrable, the author provides arguments in favor of establishing the criteria for regarding a dispute as being arbitrable. While forming the main requirements for such
criteria, the author offers her own version of arbitrability criteria, providing substantiation for their practical
application. Special attention is paid to the issues of revision of the decisions of international commercial
arbitration, and the responsibility for the arbitrators. The author evaluates the provisions of the
new edition of the Regulation of the International Commercial Arbitration Court at the Chamber of Commerce
and Industry of the Russian Federation, as well as the Draft of the Federal Law “On Amendments
to the Arbitration Procedural Code of the Russian Federation and the Law of the Russian Federation “On
International Commercial Arbitration”, as well as the “Complex of Measures on the Development of the
Arbitral Judicial Proceedings in the Russian Federation” , which was proposed by the Ministry of Justice
of the Russian Federation in 2013.
Keywords:
arbitrability, arbitrability, arbitrabilty of a dispute, arbitrability of the dipute, international commercial arbitration, revisions of the arbitral decisions, arbitrator responsibility, draft law of the Ministry of Justice of the Russian Federation, Regulations of the ICC, arbitrability criteria.
TOPICAL PROBLEMS OF LEGAL EDUCATION
Reference:
Schepanskiy, I.S.
On the necessity and directions for the development
of professional standards in the sphere of law
// Actual problems of Russian law.
2014. ¹ 5.
P. 988-994.
URL: https://en.nbpublish.com/library_read_article.php?id=64910
Abstract:
This article concerns brief history of the attempts of development of professional legal standards in
Russia in early XXI century, as well as the possible solutions of the problem for the near future. The author
studies various types of professional lawyer activities, including scientific work and teaching, professional
advocates, notaries and judges. The research includes an attempt to adapt the normative legal basis in the
sphere of legal standards, as developed by the Ministry of Labor of Russia in 2012-2013 to the traditional legal
practices and the needs of the professional legal community. This study involves both general and special legal
methods of studies. With the help of historical legal and formal legal approaches this work forms an idea of
the development of professional activity regulation from the idea to its normative provisions. The author has
analyzed the needs of the real job market, analyzing and comparing over 1500 resumes and vacancy advertisements
in open sources in the Internet, and he also polled the representatives of the legal companies and
lawyers, the issue was also often discussed at the hearings and working groups of the Association of Lawyers
of Russia, Association of Legal Education, Board for Educational and Methodological Association on Law, Interdepartmental
Commissions, but the results of these activities were not presented to the legal community.
In 2012-2013 the Ministry of Labor of Russia has developed and accepted the package of documents regulating
this type of activity. Based upon these documents in this article there is a first attempt to single out the
types of legal activities and to define the perspectives for the development of the professional standards in
each of them. In some spheres based upon the analysis the author offers to introduce specific qualification
levels, providing brief analysis of working functions for each of them. The article singles out regulated directions
of lawyer activities (advocates, notaries, judges) with well-organized internal structure, sphere of public
administration service, scientific and pedagogical activities, and the sphere of private legal practice, including
corporate lawyers and employees of specialized legal companies. For all of the said groups the author makes
propositions on real perspectives and the need for the development of professional standards. The author also
analyzes the difference in the approaches towards labor regulation in the Unified Job Evaluation Manual, providing
for the method of directive standard description from the standpoint of official duties, and the modern
professional standards using functional method.
Keywords:
professional standard, qualification requirements, qualification levels, official duties, corporate lawyers, legal companies, state service, job evaluation manual, professional legal communities, competence.
PERSONA
Reference:
Alebastrova, I.A.
On the Anniversary of Professor B.A. Strashun
// Actual problems of Russian law.
2014. ¹ 5.
P. 995-997.
URL: https://en.nbpublish.com/library_read_article.php?id=64911
Abstract:
On April 17, 2014 the renowned Russian constitutional lawyer Boris Aleksandrovich Strashun has
celebrated his 85th anniversary. B.A. Strashun was born in the city of Kaunas in the family of white collar professionals. In 1933 the family moved to Moscow. At the very start of the Great Patriotic War father
of B.A. Strashun went as a volunteer into the national militia, and he died in autumn of 1941. In 1944
wishing to take part in the protection of the Fatherland B.A. Strashun entered the Artillery Special school,
where he got his secondary level education. In the period between 1946 and 1951 he studied at the Moscow
State Institute of International Relations of the Ministry of Foreign Affairs of the USSR. B.A. Strashun
started working at the State Publishing House for Law Literature. In 1961 he became a postgraduate
student at the Department of State Law Disciplines of the MSIIR of the USSR, and in 1962 he successfully
presented his PhD in “Socialist Election Law”. In addition to his lecturing activities, Professor Strashun
pays a lot of attention to the scientific work. He is a renowned scientist, who has made a considerable
input into the development of the Russian jurisprudence, which was recognized by awarding him with
the honorary title of the Merited Scientist of the Russian Federation. He wrote over 300 scientific and
educational works. Special place should be given to his books “Election Law of Socialist States” (Moscow,
1963), “Socialism and Democracy. Socialist Representation of the People” (Moscow, 1976), “Constitutional
Changes in the Eastern Europe” (Moscow, 1991). Articles and books of B.A. Strashun concern all of the
large institutions of constitutional law, it is always both interesting and useful to read them, they present
deep thoughts and sometimes unexpected points of view on the problems. His textbook on constitutional
(state) law of the foreign states has made a significant impact upon the development of the Russian
constitutional legal science and cognition. It is a fundamental work, including General and Specific part,
which was written by the group of authors under the leadership of B.A. Strashun, his scientific guidance
and it was published in several re-editions.
Keywords:
anniversary, congratulations, good wishes, department, health, success, happiness, luck, good spirit, gratitude.
Eng
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