TOPICAL PROBLEMS OF CONSTITUTIONAL LAW OF RUSSIA AND FOREIGN STATES
Reference:
Soboleva, A.K.
Interpretation of right
for judicial protection within
the framework of election legislation:
the latest word from the Constitutional Court
of the Russian Federation
// Actual problems of Russian law.
2013. ¹ 7.
P. 791-796.
URL: https://en.nbpublish.com/library_read_article.php?id=62866
Abstract:
On March 14, 2013 the Constitutional Court of the Russian Federation has considered the case on constitutionality
of some provisions of the Civil Procedural Code of the Russian Federation, the Federal Laws «On
the basic guarantees of election rights and right to participate in referenda», «On elections of the deputies
of the State Duma of the Federal Assembly of the Russian Federation». The claimants, including the Plenipotentiary
Representative on Human Rights, the regional division of the «Fair Russia», member of the precinct
election commission, election observer and elector, have challenged the official results of elections in court,
however, their claims were not accepted for consideration. Citizen O.B. Belov had filed a claim on violation
of his constitutional rights by application of para.1 of part 1 of the Art. 134 of the Civil Procedural Code of
the Russian Federation in its relation with the Art. 220 and part 1 of Art 259 of the CPC. The claimant asked
the Constitutional Court of the Russian Federation to establish unconstitutionality of the existing practice of
interpretation of these provisions of the CPC, as well as the provisions of p. 10 of Art 75 of the Federal Law of
June 12, 2002 N. 67-FZ «On the basic guarantees of election rights and right to participate in referenda «to
an extent to which its application by the courts of general jurisdiction prevents the individual electors from
challenging In court of the procedural violations by the precinct and territorial election commissions regarding
counting voices of electors and completion of the protocols, since such a practice contradicts the provisions of
p. 3 of Art. 3, p. 2 of Art. 32, p.1 of Art. 46 and p. 3 of Art. 55 of the Constitution of the Russian Federation. This
article is based upon the speech by the author as a representative of one of the parties in the Constitutional
Court of the Russian Federation on the above-mentioned case.
Keywords:
jurisprudence, election law of the Russian Federation, counting the voices of electors, the Constitutional Court of the Russian Federation, the election commission, the Venetian Commission, the civil process, the judicial protection, constitutional right, interpretation.
TOPICAL PROBLEMS OF CONSTITUTIONAL LAW OF RUSSIA AND FOREIGN STATES
Reference:
Ostapenko (Pleten) A.S.
Principles for the provision
of the free of charge legal aid
// Actual problems of Russian law.
2013. ¹ 7.
P. 797-805.
URL: https://en.nbpublish.com/library_read_article.php?id=62867
Abstract:
The principles of provision of free of charge legal aid were for the first time provided for in the Federal
Law «On the Free of Charge Legal Aid In the Russian Federation», which was passed on November 21, 2011.
This article is devoted to the characteristic features of each of nine principles enshrined In the Federal Law.
These principles include the principle of accessibility of the free of charge legal aid for persons; the principle
of social justice and social orientation of free of charge legal aid; the principle of equal access of people to the
free of charge legal aid and abolishment of discrimination of persons in its provision; the principle of control
over the compliance with the professional ethics and quality requirements by the persons providing free of
charge legal aid, etc. This article may be of help for specialists providing legal aid to persons, state and municipal
officials, as well as lecturers and students of law schools.
Keywords:
jurisprudence, qualified, legal, free of charge, aid, principles, accessibility, justice, equality, confidentiality.
TOPICAL PROBLEMS OF CONSTITUTIONAL LAW OF RUSSIA AND FOREIGN STATES
Reference:
Novikov, M.V.
The clerical model
in the Hashemite Kingdom of Jordan:
historical evolution
and constitutional provisions
// Actual problems of Russian law.
2013. ¹ 7.
P. 806-809.
URL: https://en.nbpublish.com/library_read_article.php?id=62868
Abstract:
The article is devoted to the process of Islamisation of the region, as well as the historical dynamics
of the legal position of the religious organizations in a state. The problem of clericalisation of Jordan is viewed
through the prism of specific features of its historical path.
Keywords:
jurisprudence, the newest Constitutions, Jordan, clericalism, the Middle East, the Arabian Spring, the Muslim Brothers, Islamisation, Hashemite, religion.
TOPICAL PROBLEM OF FINANCIAL LAW
Reference:
Boltinova, O.V.
On the issue of implementation
of the principle of transparent (open)
budget
// Actual problems of Russian law.
2013. ¹ 7.
P. 810-815.
URL: https://en.nbpublish.com/library_read_article.php?id=62869
Abstract:
The article is devoted to the bases for the implementation of the procedural norms of the budget law.
In the process of analysis the author notes that the budget process may be characterized by the principles of
the modern budget system of the Russian Federation, however, one may also single out specialized principles
of the budget system, which need to be provided for legislatively. The issue of implementation of the principle
of transparency (openness) of budget is quite important in this respect. The article includes the study of the
Concept for the Formation and Development of an Integrated System of Management of Social Finances,
which is meant to enhance transparency and accountability of the financial activities. It is noted that the
principle of transparency (openness) is not fully implemented, and introduction of the system of «electronic
budget» shall allow to improve efficiency of budget spending and due implementation of this principle.
Keywords:
jurisprudence, budget, budget process, budget system, principles, transparency, openness, electronic budget, financial policy, spending.
TOPICAL PROBLEM OF FINANCIAL LAW
Reference:
Kastanova, E.D.
International legal instruments
of the cooperation among the tax administration
in order to avoid double taxation
and fight tax evasion
// Actual problems of Russian law.
2013. ¹ 7.
P. 816-822.
URL: https://en.nbpublish.com/library_read_article.php?id=62870
Abstract:
The article is concerned with means and methods of international cooperation of tax administration
of the foreign states in the sphere of information exchange within the framework of the treaties on avoiding
double taxation. International cooperation in the sphere of taxation is the most efficient means for the state
to uphold the sovereignty of their taxation bases and to guarantee the correct distribution of rights among the
Member States to the treaties, to fight double (multi-) taxation and tax evasion. International cooperation in
the sphere of tax administration includes such forms, as aid in collection of taxes, simultaneous tax supervision,
and tax supervision abroad. The main international legal institution, which also serves as normative legal
basis for the above-mentioned types of administrative cooperation of competent tax bodies, is formed by the
treaties on avoiding double taxation, which are based upon the Model Convention of the Organization for Economic
Co-operation and Development. Taking into account the experience of the foreign states in the sphere
of international cooperation of tax administrations, as well as the results, that have already been achieved by
them and the forecasts for its future efficiency, it only seems reasonable that the Russian Federation should
introduce and use these means for fighting International double taxation and tax evasion.
Keywords:
jurisprudence, taxation, treaty, convention, evasion, taxpayer, information, compliance, observation, legislation, control.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Alekberova, N.N.
The grounds for distinguishing
the simulated and fraudulent transaction
from other types of void transactions
// Actual problems of Russian law.
2013. ¹ 7.
P. 823-830.
URL: https://en.nbpublish.com/library_read_article.php?id=62871
Abstract:
The article includes analysis of the grounds for distinguishing simulate and fraudulent transactions
from other types of unlawful transactions, and transactions completed with the goals contradicting the bases
of legal order and morality. The author analyzes the conditions in which the courts apply the provisions of Art.
170 of the Civil Code of the Russian Federation in their systemic correlation with the provisions of Art. 168, 169
of the Civil Code of the Russian Federation. In the opinion of the author, it Is not correct to qualify the actions
of the parties to a transaction under both Art. 170 and Art. 169 of the Civil Code of the Russian Federation.
The presence of the goal obviously contradicting the bases of legal order and morality makes the simulated
and fraudulent transaction become transactions made for the goals obviously contradicting the bases of legal
order and morality. At the same time, the actions taken in order to evade the legal limitations should not be
equaled to the simulated deals, rather, they should be regarded as unlawful actions, and they should qualify
under Art. 168 of the Civil Code of the Russian Federation.
Keywords:
jurisprudence, simulated transaction, fraudulent transaction, anti-social transaction, the transaction contradicting the bases of legal order and morality, evasion of law, goal of the transaction, bases for distinguishing, the transaction with the goal contradicting the bases of legal order and morality, grounds for declaring a deal void.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Afanasiev, I.V.
Servitude within the system
of limited real rights
// Actual problems of Russian law.
2013. ¹ 7.
P. 831-835.
URL: https://en.nbpublish.com/library_read_article.php?id=62872
Abstract:
The article Is devoted to the issue of formation and limitation to the system of components of limited
real rights and the role of servitude (easement) within this system. The methodological basis for the article
was formed by systemic, analytic and synthetic approaches to the analysis of the Russian legislation regarding
limited real rights In accordance with the current provisions of the Civil Code of the Russian Federation and
the draft of the Federal Law «On Amendments to Part 1, 2, 3 and 4 of the Civil Code of the Russian Federation
». The article contains brief analysis of etymologic and content-related aspects of the terms «servitude»,
«contents of servitude», «payment for servitude». The author analyzes the types of servitude and gives their
general characteristics, then he offers the directions for the further studies of servitude as an independent civil
law construction within the system of limited real rights.
Keywords:
jurisprudence, system, servitude, project, concept, types, classification, doctrine, problems, list.
TOPICAL PROBLEMS OF CRIMINAL LAW
Reference:
Naumov, M.V.
Conditions, motives and grounds
for detention of a crime suspect
// Actual problems of Russian law.
2013. ¹ 7.
P. 836-843.
URL: https://en.nbpublish.com/library_read_article.php?id=62873
Abstract:
The author studies the process of conditions, motives and bases for the detention of the crime suspect.
Much attention is paid to the issue of the use of the information gained through the operative Investigation
activities, as the basis for the detention of the suspect criminal. The author of the article considers that
an investigator, the inquirer, the inquiring body, who gained such sources of Information, have a right to view
this information as «other data», as provided for p. 2 of Art. 91 of the Criminal Procedural Code of the Russian
Federation. And if there are some additional conditions under this article, the detention may be lawful only
when obligatory requirements are followed.
Keywords:
jurisprudence, detention, suspect, conditions, motives, conditions, bases, operative investigation events, other data, factual data, sources of information.
TOPICAL PROBLEMS OF CRIMINAL SCIENCE
Reference:
Matskevich, I.M.
Alcohol and crime
// Actual problems of Russian law.
2013. ¹ 7.
P. 844-854.
URL: https://en.nbpublish.com/library_read_article.php?id=62874
Abstract:
The article is devoted to the problems of direct and indirect correlation between abuse of alcohol and
commission of crimes. The author provides the data by foreign forensic specialists, which support the position
of the author on the connection between these issues in many states. It is stated that the abuse of alcohol
influences the demographic processes and it is based upon a wide range of social problems. In the final part
of this article the author provides the list of the urgent measures in order to deal with the issues In question.
Keywords:
jurisprudence, alcoholism, social prevention, negative consequences of abuse of alcohol, causes of alcoholism, alcoholic schizophrenia, anti-social behavior, social problem, demographic situation.
TOPICAL PROBLEMS OF CRIMINAL PENAL LAW
Reference:
Dyachenko, A.P., Mitropolskaya, K.V.
Detainment of the HIV —
infected persons in the US prisons
// Actual problems of Russian law.
2013. ¹ 7.
P. 855-863.
URL: https://en.nbpublish.com/library_read_article.php?id=62875
Abstract:
The article concerns the experience of detention of the HIV-positive prisoners in the US prisons. The
authors compare the quantity of prisoners in the USA (data for 2010) and the number of detained HIV-positive
persons In the US prisons. The authors also provide the data for Russia (for the comparative purposes) on the
spread of the HIV (AIDS) in Russia and the criminal detention centers and prisons (pre-trial detention centers,
colonies, prisons). The authors analyze the American legislation, Including the federal laws, the laws of the District
Columbia, Puerto Rico and 50 US states. The authors also show the criminal responsibility for the spread
of the disease and punishment for it. It is noted that the HIV-positive persons still bears responsibility even
if the virus was not transmitted. The authors also provide typical examples on legislation on HIV — positive
person, as provided for by the media. The article also concerns judicial and penitentiary systems In various US
states and various districts, which have their own criminal legislation. The authors provide Interesting data on
the conditions of detention and imprisonment of the HIV — positive persons, and implementation of the programs
for lowering the level of harm (including the personnel) in the US prisons. The article contains positive
conclusions on the use of positive experience of the USA in the Russian penitentiary system.
Keywords:
jurisprudence, Russia, the USA, convicts, prisoners, statistics, HIV — infection, AIDS, testing, prisons.
TOPICAL PROBLEMS OF THE EUROPEAN UNION LAW
Reference:
Kashkin, S.Y., Slepak, V.Y.
Organization mechanism for
the military operations
of the European Union as a guarantee
of national security
of the EU Member States
// Actual problems of Russian law.
2013. ¹ 7.
P. 864-868.
URL: https://en.nbpublish.com/library_read_article.php?id=62876
Abstract:
The article includes analysis of the organization mechanism of the EU military operation, which is regarded
as a guaranteeing mechanism for the security of the EU Member States. The NATO mechanism or the
military staff of the «framework nation» (of one of the Member States) are often used. The authors provide
detailed analysis of the EU Military Committee and the EU Military Staff, the system of rapid reaction force.
The authors also provide detailed analysis of the novel features of control over military operations after the Lisbon Treaty, as well as of the components of the personal status of the military personnel. Then the authors
draw conclusions on specific features of organization of military operations In the EU.
Keywords:
jurisprudence, national security, organization mechanism, military operations, contingent management, the NATO mechanisms, the framework nation, the EU Military Staff, the status of the armed forces, tactical groups.
TOPICAL PROBLEMS OF THE EUROPEAN UNION LAW
Reference:
Chetverikov, A.V.
The European Gendarmerie
as a new instrument for the protection
of national and international security
of the European Union member states
// Actual problems of Russian law.
2013. ¹ 7.
P. 869-877.
URL: https://en.nbpublish.com/library_read_article.php?id=62877
Abstract:
The article is devoted to the legal bases of Integration of military police forces of the EU states (the national
gendarmerie forces), which resulted In the European Gendarmerie Forces. The article Includes analysis
of the historical prerequisites, stages of formation of the EGF and their current legal status, which Is based on
the Treaty establishing the EGF of October 18, 2007, which came into force on June 1, 2012. Much attention is
paid to the inner structure of the EGF, the order of their use for the peace-making operation, as well as interactions
between the EGF and the EU, and other universal and regional international organizations.
Keywords:
jurisprudence, national security, European integration, the European Union, the gendarmerie, the peace-making, the common foreign policy and the EU security policy, army, police, the International Non- Governmental Organizations.
TOPICAL PROBLEMS OF INTERNATIONAL PRIVATE LAW
Reference:
Moskvina, A.V.
Specific features
of qualification of leasing
// Actual problems of Russian law.
2013. ¹ 7.
P. 878-887.
URL: https://en.nbpublish.com/library_read_article.php?id=62878
Abstract:
Russian law and foreign law have different classification of leasing relations, while the legislation
does not provide for the detailed characteristics of general and specific characteristic features of this institution
and its types. In most states the leasing Is defined as a type of similar civil law institutions, such as rent,
sale by Installments, credit, and it is regulated by general norms as applied to the parties of sale contract,
property rental contract, etc. However, when the disputes regarding international leasing come to court, this
approach to leasing causes conflicts of qualification and re-qualification of the leasing contracts into other
types of contract. The author of this article analyzes and generalizes legislative and judicial regulation of
leasing in various states, as well as the unified conventions and doctrine, she defines the general and special
elements of leasing, which allow to single it out as an institution and to distinguish it from similar civil law
constructions.
Keywords:
jurisprudence, leasing, conflict of laws, legal relations, lessor, lessee, supplier, international contract, construction.
TOPICAL PROBLEMS OF LEGAL EDUCATION
Reference:
Zakharov, V.V.
Legal clinic within the structure
of academic training of lawyers
in Russia in XIX — early XX centuries
// Actual problems of Russian law.
2013. ¹ 7.
P. 888-897.
URL: https://en.nbpublish.com/library_read_article.php?id=62879
Abstract:
The article is concerned with the genesis of the legal clinic as a way of formation of practical skills
of law students In the pre-Revolution Russia. The author shows the birthing of the idea of legal clinic in the
middle of XIX century and the first forms of its implementation within the context of development of legal education
as a while and practical training of students. Legal clinic had held a special place among various types
of practical studies. It served as a polygon for the development of professional competence of lawyers in real situations. It was thanks to the efforts of D.I. Meyer and A. Lyublinsky that all of the key issues regarding organization
and functioning of legal clinic were established. One also should note the correlation between the
transfer to the model of practical legal education and the actualization of the legal clinical education within
the structure of academic training of lawyers. The author also shows the causes for the insufficient spread of
the tendency of legal clinics, which was due to the continental tradition of legal training, which was general,
rather than specialized. Based on the skills provided through the training a legal theoretician or a lawyer judge
was formed.
Keywords:
jurisprudence, education, clinic, legal, university, lawyer, training, legal studies, the By-Law, justice.
TOPICAL PROBLEMS OF LEGAL EDUCATION
Reference:
Shugrina, E.S.
Legal clinic in Russia:
a novelty or a well-forgotten old tradition?
// Actual problems of Russian law.
2013. ¹ 7.
P. 898-906.
URL: https://en.nbpublish.com/library_read_article.php?id=62880
Abstract:
The article is devoted to the history of legal clinics In Russia, the goals of their formation and various
types of legal clinics. The author offers the following classifications: based on the type of organizational form
(basic structure); based on the types of legal aid provided in a legal clinic (by the type of organization of client
work); based on the legal clinic specialization (types of cases, specific features of clients); based on type
of communication with a client; based on level of involvement In the real practice; based on the obligatory
character of law clinic for the students. Special attention is paid to the characteristic features of legal bases of
organization and activities of the legal clinics. Additionally, the author provides the list of questions, which one
has to answer when forming a legal clinic.
Keywords:
jurisprudence, legal clinics, interactive methods, education standards, qualified legal aid, consulting, practical education, practical training, legal education, trainee adviser.
TOPICAL PROBLEMS OF LEGAL EDUCATION
Reference:
Narutto, S.V.
Education technologies
in the legal clinic
// Actual problems of Russian law.
2013. ¹ 7.
P. 907-916.
URL: https://en.nbpublish.com/library_read_article.php?id=62881
Abstract:
The author analyzes the interactive production technologies, which may be applied in legal clinics,
such as brain storm, small groups, directed discussion, debates, symposium, forum, negotiations, demonstrations,
creative assignments, role playing, the problem tree, etc. The author provides grounds for the idea that
it is necessary to stimulate the students to for independent search for information and application of legal
knowledge in client cases. The author then formulates a conclusion that the clinical methods of education
allow to bring the professional legal education closer to modernization. Interactive methods of education are
aimed to develop the skills of students and to provide them with legal training. These methods are aimed at
the problem-oriented active studies. The author formulates the requirements for the legal clinic instructor, and
she states the quality and efficiency of education are directly dependent upon the personality of an instructor,
his creativity, experience and knowledge.
Keywords:
jurisprudence, clinic, methods, interactive, education, creativity, discussion, assignments, client, game.