LAW AND ECONOMICS
Reference:
Svirkov, S.A. (2013). The “last mile” contract:
legal nature and general
characteristics. LEX RUSSICA (Russian Law), 7, 693–697. https://en.nbpublish.com/library_read_article.php?id=62882
Abstract:
The article includes analysis of specific features and legal nature of one of the most controversial
contractual constructions in the modern electric energy industry, which is the «last mile» contract. The key
prerequisite to its appearance was the existing lack of balance in the price regulation of the electric energy
sphere, when the tariffs, which are set by the state for the electric distribution network companies, are
considerably different from the tariffs for the mainstream network companies. Additionally, the application
of the financial and economic model, for which this contract provides, is aimed to improve the financial
position of the distribution network companies. At the same time the right of organizations to conclude the
«last mile» contracts is not beneficial for the customers, since they have to pay the higher tariffs for the
electric energy. In this article the author provides a critical evaluation of this contractual construction, and
he also notes that in the absence of the legislative legitimacy these relations may become an object for the
anti-monopoly regulation. At the same time, the author comes to a conclusion that such contracts may be
regarded as a form of abuse of right.
Keywords:
jurisprudence, electric energy supply, electric energy network, infrastructure, rent, contract, transfer, tariffs, services, abuse.
Êîììåíòàðèé çàêîíîäàòåëüñòâà
Reference:
Narutto, S.V. (2013). Dismissal of the chief official
of the constituent subject
of the Russian Federation
from his position by the President
of the Russian Federation. LEX RUSSICA (Russian Law), 7, 698–705. https://en.nbpublish.com/library_read_article.php?id=62883
Abstract:
The article includes analysis of the federal and regional legislation, as well as the judicial practice on
constitutional responsibility of a head of a constituent subject of the Russian Federation. The author evaluates
the grounds, initiation and other aspects of the procedure of the dismissal of the chief official of the constituent
subject of the Russian Federation from his position. The author notes gaps in the legislation, ambiguity in
the formulae of the offences, and she makes a conclusion that the «loss of trust of the President of the Russian
Federation» is quite doubtful as a legal basis for the dismissal of the head of the constituent subject of the
Russian Federation from his position, taking into account the constitutional provisions for the independence
for the constituent subjects of the Russian Federation, which do not provide for the hierarchical subordination
of the head of the constituent subject of the Russian Federation to the federal government.
Keywords:
jurisprudence, head of the constituent subject of the Russian Federation, trust, lack of trust, responsibility, dismissal, President of the Russian Federation, undue, court, constitutional.
Ïðîáëåìû òåîðèè îòðàñëåé ïðàâà
Reference:
Soktoev, Z.B. (2013). Causal link in the road
and transportation crimes. LEX RUSSICA (Russian Law), 7, 706–717. https://en.nbpublish.com/library_read_article.php?id=62884
Abstract:
The author evaluates the Issue of causal link in the road and transportation crimes. The author shows
that it does not suffice to use the common everyday meaning of the cause, or philosophical category of causality,
logical means for its establishment in order to establish causality in road transportation crimes. It is necessary
to take Into account the criminal law aspect of this Issue, when all of the causing circumstances, including the
actions of a person, should be regarded in their totality as a single systemic cause, which generates socially dangerous consequences by influencing the object of crime. The basis for the criminal law mechanism for the road
transportation crime is the influence of criminal act on the object of crime. This Influence destroys the relations
of secure road-traffic safety, and contradicts its social goals The destruction of the socially secure situation In the
sphere of driving mechanical transportation vehicles creates a dangerous situation (conditions) In the process
of road traffic. The conclusions of the article are of interest for the further development of the causal link In the
criminal law.
Keywords:
jurisprudence, causality, causal link, road, transportation, crime, dangerous, situation, mechanism.
European law
Reference:
Kashkin, S.Y., Zhupanov, A.V. (2013). Legal entities in the law
of the European Union:
organizational and legal aspects
of regulation
of the corporate relations. LEX RUSSICA (Russian Law), 7, 718–734. https://en.nbpublish.com/library_read_article.php?id=62885
Abstract:
The article is devoted to a wide range of legal entities in the law of the European Union and to the variety
of organizational legal aspects of corporate relations. Its value is due to the analysis of the organizational
and legal relations regarding regulation of legal entities prior and after the Lisbon Treaty came into force on
December 1, 2009, as well as to the analysis of the further perspectives of development of corporate relations.
The logic of the material is in the sequent analysis of the principles of the regulation of legal entities in the EU
law, as well as of the processes of harmonization and unification of the corporate law of the EU Member States,
evaluation and analysis of the forms and legal regulation of various types of supranational legal entities in the
EU law. Much attention is paid to the novel features, which were introduced into this sphere by the Lisbon Treaty
of 2007. The authors use various methods for their analysis, including the combination of the dialectic approach,
allowing to discuss various elements of the matters in question, with the teleological method, which is typical for
the European law and which allows to connect these specific features with the goals of the integration development
of the European Union. The authors show the value of the corporate law of the EU for the development and
improvement of its domestic market, which in turn allows using this legal experience in the Russian Federation
and on the post-Soviet territory in the process of development of integration relations.
Keywords:
jurisprudence, legal entities, the European Union, corporate law, legal regulation, forms of integration, domestic market, unification and harmonization, requirements and specific features of legal entities, integration law.
CRIME CONTROL
Reference:
Antonyan, Y.M. (2013). The criminal influence
on a personality at the stage
of the early socialization. LEX RUSSICA (Russian Law), 7, 735–741. https://en.nbpublish.com/library_read_article.php?id=62886
Abstract:
The childhood forms certain personal qualities, such as high level of anxiety and the acute need for
protection, which may be results of alienation from the parents and in the future these qualities, may become
motives for the criminal behavior. The child should be introduced into the society by the family, and if it does
not happen, it is likely that he might not be in conformity with the values and standards of the social environment.
The rejection of the child by the parents may become the axis for his criminal behavior in the future.
Keywords:
jurisprudence, high level of anxiety, deprivation, alienation, guilt, childhood, child, rejection by the family, colicinogenic family.
Discussion forum
Reference:
Prizhennikova, A.N. (2013). Administrative judicial procedure
in the arbitration courts:
arbitration process?. LEX RUSSICA (Russian Law), 7, 742–749. https://en.nbpublish.com/library_read_article.php?id=62887
Abstract:
The article includes analysis of the topical issues regarding the correlation of the terms administrative
process and arbitration process The categories of cases, which are dealt with by the arbitration courts,
fall within either administrative or arbitration procedural orders of adjudication. Such a division causes certain
problems with the competence over the cases. The specific features for the adjudication of cases under
Art. 24 of the Arbitration Procedural Code is that these disputes have public legal character, which is in turn
based upon the inequality of parties to the dispute. The Arbitration Procedural Code of the Russian Federation
defines the adjudication in the arbitration courts on the disputes arising from administrative relations as
administrative procedure. Taking into account the specific features of such cases, it seems necessary to include
special procedural provisions for it, namely the Administrative Judicial Procedural Code, which shall serve as a
basis for the specific administrative procedural form of resolution of administrative legal disputes. The author
expresses her opinion on the development of administrative judicial procedure.
Keywords:
jurisprudence, administrative judicial procedure, arbitration court, judicial power, cases, arising from administrative and other public relations, economic dispute, specialized courts, administrative dispute, economic court, the draft Code for the Administrative Judicial Procedure, public law.
HISTORY OF STATE AND LAW
Reference:
Zhuk, M.S. (2013). Formation and development
of the institutions
of the Russian criminal law. LEX RUSSICA (Russian Law), 7, 750–766. https://en.nbpublish.com/library_read_article.php?id=62888
Abstract:
The article is devoted to the studies of the processes of formation and transformation of the institutions
of criminal law in the Russian legislation in X–XXI centuries, as well as to the analysis of the development
of scientific thought on its nature and systematization. The author evaluates the factors, which influenced
various stages of this process, he evaluates to the first codified normative acts of the Ancient Russia. As a
result of this attempt to define the key stages of evolution of the institutions of the Russian criminal law, the
author comes to a conclusion that there are two key periods, which are different in their length, but similar in
their characteristics, the first being from the X century to the early XX century, the second being from 1917 to
the current period. Due to the logic of legal development the first historically formed institutions of criminal
law are the institutions on specific crimes, which is due to the urgent need for the list of prohibited acts and
the list of punishments for their commission. The general institutions of criminal law appear later, when the
science manages to achieve certain theoretical abstractions, some ideal provisions on crime and punishment.
The article includes analysis of the works of the renowned Russian legal scholars throughout the period in
question, which laid the grounds for the higher quality codification of legal materials. The author comes to a
conclusion that the Russian legislation up to the middle of XX century did not know the period when all of the
criminal law institutions were included into one codified act. However the centuries of experience of codification
of legislation served as the basis for the development of scientific thought at the current stage.
Keywords:
jurisprudence, institution, law, norm, requirement, codification, punishment, crime, source, development.
Ïðîáëåìû îáðàçîâàíèÿ
Reference:
Molchanov, N.A. (2013). Modernization
of the modern education system
taking into account
the Strategy for the State National Policy
of the Russian Federation
as the basis for the national security
of the state. LEX RUSSICA (Russian Law), 7, 767–773. https://en.nbpublish.com/library_read_article.php?id=62889
Abstract:
Modernization of the system of Russian education requires the formation of organization and management
mechanisms for the implementation of the national education policy, and the improvement of the legislative
basis, taking into account the strategic goals of national security guarantees In Russia, as well as priorities of the
state national policy. The article provides for the existence of triune connection between national security, education
and international relations, which are closely connected by complementing and causing each other. Based upon the
goals and aims of the research in question, the author analyzes the key provisions of the Federal Law «On Education
in the Russian Federation», the Concept of National Education Policy of the Russian Federation till 2025. He
formulates a conclusion that the education in the Russian Federation gains a special value as a strategic resource for
the sustainable development of the poly-cultural society, and as an important factor for the guarantees of national
security in a multinational state.
Keywords:
education, education policy, national policy, legislation, relations among the nations, patriotic education, legal education, human rights, religion.
Þðèäè÷åñêîå îáðàçîâàíèå
Reference:
Kazachkova, Z.M., Klyukovskaya, I.N. (2013). Legal education in the USA:
model improvement. LEX RUSSICA (Russian Law), 7, 774–780. https://en.nbpublish.com/library_read_article.php?id=62890
Abstract:
The article includes analysis of the key stages of development of the legal education in the USA. The model
of legal education in the USA Is of interest due to its flexibility, openness, ability to renew itself. The authors show the
key points of its formation and development, as well as the influence of the institutional factors on its improvement;
the inner mechanisms, forming the balance between the theoretical and practical parts of the educational process;
role of legal clinics In the process of formation of practical skills and humanistic bases of the legal profession; role
of the founder of the Harvard model of legal education C. Langdell In this process; specific features of the model of
legal education and formation of the professional corpus of lawyers In the USA; role of the American Bar Association
in formation an support of professional legal standards.
Keywords:
jurisprudence, precedent, judicial doctrine, curriculum, educational, standard, legal clinic, legal practice, inter-disciplinary studies, Master’s program, Bologna Process.
SCIENTIFIC EVENTS
Reference:
Kochoi, S.M. (2013). Anti-corruption expertise
of the criminal legislation. LEX RUSSICA (Russian Law), 7, 781–794. https://en.nbpublish.com/library_read_article.php?id=62891
Abstract:
The article includes a brief overview of a theoretical seminar, which was held on the initiative of the
Department of Criminal Law of the Kutafin Moscow State Law University, and which was devoted to the ‘Anti-
Corruption Expertise of Criminal Legislation». The reports and speeches were devoted to the topical issues
regarding the provisions of criminal law, which provoke corruption. The forensic and anti-corruption expertises
are distinguished. The key directions of the anti-corruption expertise of criminal legislation regarding qualification
of crimes and their elements are established. The typical corruption-provoking factors in the norms of
criminal law are discussed.
Keywords:
jurisprudence, anti-corruption expertise, anti-corruption legislation, criminal legislation of the Russian Federation, forensic expertise, key directions for the anti-corruption expertise, goals and aims of the anticorruption expertise, corruption-causing factor, criminal risks, the Criminal Code of the Republic of Belarus.