Правовые проблемы миграции
Reference:
T.A. Prudnikova (2013). Professional education of lawyers:
new approaches. LEX RUSSICA (Russian Law), 9, 934–942. https://en.nbpublish.com/library_read_article.php?id=63076
Abstract:
Starting from this issue of the journal, we begin publication of the materials on the newly developed
Master’s Program of the Kutafin Moscow State Law University on «Material Law and Judicial Protection
in Civil Cases». The program is presented with series of publications on special courses (disciplines) of
the program, authors of this program develop the working programs for such disciplines. Special disciplines
within the program relate either to material law or to the procedural block, which serve as a «specialization
core» — a professional cycle of the program defining its contents and profile. The relation among the
disciplines reflects the dominating basic vector of the program towards cognition and understanding by the
students of the mutual influence and interdependence of material and procedural law in the sphere of civil
judicial procedure through the object of study — civil cases. The specialization of the program reflects upon
the inextricable connections between the civil (arbitration) procedural law and the branches of material
law, such as civil, family, labor law, which are considerably connected to civil judicial procedure, and a large
number of civil cases in these spheres are dealt with by the courts of general jurisdiction and arbitration
courts based on the procedural and material legal norms.
Keywords:
jurisprudence, Magister Program, specialized educational disciplines, civil cases, civil judicial procedure, civil (arbitration) procedural law, civil law, family law, labor law, the EU law.
Правовые проблемы миграции
Reference:
Prudnikova, T.A. (2013). History of formation
and practice of legal regulation
of migration processes in Russia. LEX RUSSICA (Russian Law), 9, 943–952. https://en.nbpublish.com/library_read_article.php?id=63077
Abstract:
As a practical study shows, the modern society is currently facing a number of global problems,
reflecting on vital interests of all the people. One of such problems is migration crisis, which has
a considerable influence on all of the vital spheres and political, legal and economic processes in them.
Migration of people is a natural pattern, so all of the migration processes follow some universal laws
of social development, at the same time having some specific features depending on historical time and
place. Today all of the states pay much attention to the improvement of migration policy, however, the
objective reality requires the administrative efforts to be united in order to manage migration processes
more efficiently, to more actively fight negative effects and consequences of unlawful and spontaneous
migrations, etc. In order to find new efficient instruments and mechanisms for bringing the migration
processes In Russia into certain order and to bring them within the vector of social and economic development,
it is necessary to study specific features of formation and development of the Russian institution
of limitations to the freedom of movement, choice of place of permanent and temporary residence. The
article includes a retrospective analysis of formation of migration processes In Russia and the practice of
legal regulation in this sphere.
Keywords:
jurisprudence, legal regulation, migration processes, migration of people, migration legal order, Russia, migration policy, migration relations, freedom of movement, choice of place of permanent or temporary residence.
Правовые проблемы миграции
Reference:
Zinchenko, N.N. (2013). Regional specific features
of legal regulation of the processes
of external labor migration
(on an example
of the CIS Member States). LEX RUSSICA (Russian Law), 9, 953–960. https://en.nbpublish.com/library_read_article.php?id=63078
Abstract:
At the current stage of development external labor migration is one of the key migration movements
in various regions in the world. The specific features of migration processes in the post-Soviet territory
is due first of all to the fact that at the time of earlier existence of a unified state, this migration was
regarded as internal migration. Currently these are external migration processes among the CIS Member
States within the framework of rather active migration exchange of people, including labor migrants,
among the CIS Member States and other states. The analysis of specific features of economic, geopolitical
and demographic conjuncture within this region allows the author to establish specific features of international
legal regulation of the labor migration processes among the CIS Member States and to provide some
recommendations on its improvement.
Keywords:
jurisprudence, external labor migration, international legal regulation, the CIS, the illegal labor migration, legalization, protection of rights and freedoms of the migrant workers, the ILO Conventions, the Eurasian Economic Community, legal status of migrant workers, regional cooperation.
Discussion forum
Reference:
Prudnikov, A.S., Akimova, S.A. (2013). Illegal migration
and administrative
legal responsibility
for some migration offences. LEX RUSSICA (Russian Law), 9, 961–969. https://en.nbpublish.com/library_read_article.php?id=63079
Abstract:
In order to fight migration offences in the territory of Russian Federation, it is important to improve
and Implement migration legislation in the sphere of migration processes regulation: immigration, emigration,
forced migration, voluntary movement to the Russian Federation by the compatriots from abroad,
labor migration and resettlement. Absence of permanent sources of income of illegal migrants serves as a
key criminogenic factor, which influences the number of crimes by illegal migrants and supports the influx
of illegal migrants into the ethnic criminal groups and mixed criminal groups, as comprised of persons from
different states. In order to prevent social migration-related conflicts it is extremely important to curtail the
number of illegal migrants outside of scope of government social policy, since illegal migration serves as
breeding grounds for organized crime and international terrorist and extremist organizations. Based on the
statistical data for 2012, the article includes analysis of theoretical legal characteristic features of modern
illegal migration within the framework of administrative legal responsibility for the most typical offences
in this sphere.
Keywords:
jurisprudence, illegal migration, administrative offences, migration, legal responsibility, migration sphere, migrant workers, fighting, Federal Migration Service of Russia, security, migration legislation.
Право за рубежом
Reference:
Esakov, G.A. (2013). Economic criminal law:
definition, contents,
and perspectives. LEX RUSSICA (Russian Law), 9, 970–980. https://en.nbpublish.com/library_read_article.php?id=63080
Abstract:
The article is devoted to the problems of definition of economic criminal law as a sub-branch of
criminal law. Based upon the analysis of history and comparative legal data, as well as its contents, the
author proves that economic criminal law is a sub-branch of criminal, law, which is characterized by specific
type of contents, including crimes in the sphere of economics under the Special Part of the Criminal
Code of the Russian Federation and modification of generalized construction of elements of crime, attempted
crime, co-participation and matters excluding criminality of act in the light of economic reality
under the General Part of the Criminal Code of the Russian Federation. The article is complemented by
practical conclusions regarding recognition of existence of economic criminal law. In the point of view of
the author economic criminal law inevitably presupposes specialization (deepening) of criminal law. The
problem of formal limits to casual criminal law (the rule of full (complete) codification of criminal law)
should also be resolved.
Keywords:
jurisprudence, code, sub-branch, branch, crime, fault, subject, elements, mistake, res judicata.
Юридическое образование
Reference:
Brych, L.P. (2013). Use of negative terms
in order to distinguish
constituent elements
of various crimes. LEX RUSSICA (Russian Law), 9, 981–983. https://en.nbpublish.com/library_read_article.php?id=63081
Abstract:
The article includes analysis of the existing legislative approaches to the use of negative elements
as criteria for distinguishing various crimes. The author supports the position that it is not practical to use a popular legislative technique by formulating the distinguishing elements with the abstract reference to the
absence of elements of other crime or group of crimes in the article of the Special Part of the Criminal Code.
Such general references should be excluded from all of the articles of the Special Part of the Criminal Code,
even when it is not possible to substitute it with positive or negative characteristic feature of the constituent
elements of the particular crime. Due formulae should be applied by referring to specific elements distinguishing
crimes with joint elements. Provisions for a specific element of a specific crime as a negative term Is acceptable
on some conditions and with due application of rules of formal logic.
Keywords:
jurisprudence, constituent elements of crime, distinguishing elements, related constituent elements of crimes, competition of norms of criminal law, distinguishing the elements of crimes, logical mistakes in defining terms, criminal legislation, criminal law qualification.
Юридическое образование
Reference:
D.R. Kazanbekova (2013). Legal science and its value
in the modern society
(review of the theses
of the conference participants). LEX RUSSICA (Russian Law), 9, 984–992. https://en.nbpublish.com/library_read_article.php?id=63082
Abstract:
The article contains brief description of the speeches by the participants of the International Scientific
and Practical Conference «Legal Science and Its Value in the Modern Society», which was held in the Kutafin
Moscow State Law University on April 11, 2013. The participants of the conference arrived from 9 constituent
subjects of the Russian Federation. The foreign guests from neighboring states and other foreign states were
also present at the conference. During the conference the following topical problems of modern legal science
were established: demand for scientific studies by state institutions and society; interrelation between the
general theory of state and law, and the branches of legal science; new vision of status and methodological
role of theory of state and law, interrelation of its structural elements. Among other problems integration of
legal systems and the arising need to further specify object and method of general theory of state and law,
were discussed. The theses of the participants of the conference regarding integration among the legal sciences,
and Issues of interaction of legal sciences with the other branches of scientific knowledge drew much attention.
As a result of this conference specific practical and general theoretical propositions were formulated.
Keywords:
jurisprudence, legal science, integration of sciences, development of science, theory of law, branches of science, crisis of science, understanding of law, legal globalization, legal practice, legal target-setting
Юридическое образование
Reference:
O.M. Gyurdzhan (2013). Modernization
of criminal legislation
in Kazakhstan
(International Roundtable in Astana
and international conference
in Almaty. LEX RUSSICA (Russian Law), 9, 993–997. https://en.nbpublish.com/library_read_article.php?id=63083
Abstract:
On May 2 and 4, 2013 in Kazakhstan the International Roundtable «Problems of fighting crime in the
CIS states» (Eurasian National University named after L.N. Gumilev (Astana) and the International Scientific
and Practical Conference «Modern criminal legislation: problems, tendencies and ways for modernization»
(Humanitarian University of Transportation and Law named after D.A. Kynaev; Kazakhstan Criminological
Association; the Scientific Center for the Crime Fighting Problems of the Department of Criminal Law, Process
and Forensic Studies of the Kazakhstan National University named after Al-Farabi, Almaty) were held. They
were devoted to the topical problems of drafting a new Criminal Code of the Republic of Kazakhstan, which
would correspond to the newest achievements of the criminal law science, international standards and requirements
on fighting crime in the state. The scientists from Russia and Germany took part in the roundtable
and the conference together with their colleagues from Kazakhstan.
Keywords:
jurisprudence, Kazakhstan, international roundtable, international conference, drafting the Criminal Code, new concept of criminal law, crime, criminal offence.
SCIENTIFIC EVENTS
Reference:
(2013). Yuridicheskaya nauka i ee znachenie v sovremennom obshchestve (obzor vystuplenii uchastnikov konferentsii). LEX RUSSICA (Russian Law), 9, 998–1000. https://en.nbpublish.com/library_read_article.php?id=63084
Keywords:
yurisprudentsiya, yuridicheskaya nauka, integratsiya nauk, razvitie nauki, teoriya prava, otraslevye nauki, krizis nauki, ponimanie prava, yuridicheskaya globalizatsiya, yuridicheskaya praktika, yuridicheskoe tselepolaganie.
SCIENTIFIC EVENTS
Reference:
(2013). Modernizatsiya ugolovnogo zakonodatel'stva v Kazakhstane (mezhdunarodnyi kruglyi stol v g. Astane i mezhdunarodnaya konferentsiya v g. Almaty). LEX RUSSICA (Russian Law), 9, 1001–1036. https://en.nbpublish.com/library_read_article.php?id=63085
Keywords:
yurisprudentsiya, Kazakhstan, mezhdunarodnyi kruglyi stol, mezhdunarodnaya konferentsiya, razrabotka Ugolovnogo kodeksa, novaya kontseptsiya ugolovnogo zakona, prestuplenie, ugolovnyi prostupok.