ARCHIVE
Reference:
Fadeev, V.I. (2014). Local self-government in Russia:
historical experience and modern
practice of legal regulation. LEX RUSSICA (Russian Law), 4, 396–412. https://en.nbpublish.com/library_read_article.php?id=64192
Abstract:
The article concerns the problems of improvement of the system of municipal self-government in
the modern Russia taking into account the historic experience of organization and activities of the land and
city self-government in the pre-Revolution Russia as well as local government in the Soviet period of development
of the Russian statehood. Attention is paid to the need to clarify the conceptual bases for the local selfgovernment
taking into consideration the modern practice of implementation of its constitutional model. The
following aspects require additional conceptual development: “general principles of organization of municipal
self-government”, “local issues”, “development of municipal democracy”, “financial and economic independency
of municipal self-government”, “correlation and interrelation of the principles of federalism and local
self-government”, “role of municipal self-government in the protection of public order”, etc. They should find
their legislative representation in the new Federal Law “On the general principles of organization of municipal
self-government”. As it is pointed out in the article, this goal was de-facto set by the President of the Russian
Federation in his Address to the Federal Assembly of December 12, 2013.
Keywords:
jurisprudence, local self-government, the Land Reform, the Address of the President, the general principles of organization, spheres of competence, competence of municipal self-government, municipal democracy, public government, civil law.
THEORY OF LAW
Reference:
Polyakov, S.B. (2014). Legal science, practice and politics. LEX RUSSICA (Russian Law), 4, 413–420. https://en.nbpublish.com/library_read_article.php?id=64193
Abstract:
The article continues the discussion, which was once started by the International Scientific and Practical
Conference “Legal Science and Its Value in the Modern Society” which was held on April 11, 2013 at the Kutafin
Moscow State Law University, since topicality of the issues discussed for the political and legal life in Russia is
ever-growing. The author evaluates the correlation of the legal science and practice, legal science and power.
The contradiction of legal science and power is eternal. The law scholars and the government officials have the
same object of studies, which is the social relations. However, for the ruler the common goal with the scientist,
which is the search for the optimum solutions of the social conflicts, is bound with his personal goal –which is to
keep the power. Implementation of legal ideas in legislation and legal practice is only possible through power. The
power has the last say in the fight with the ignorance and private selfishness in every law and every legal matter.
But each success of science influences the tendency of the legal development. The scientific character of legal
practice limits the power with the law. The main inner challenge for the legal science in the modern Russia is lack
of solutions on legal mechanisms of the guarantees of scientific character of law-making and law-enforcement
activities. The abstraction of legal science from practice is a civilized way of the power struggle between the government
and the scientists. The vulnerable spot of the legal science in the sphere of fighting with the government
for the power is the passion for disputes on the truth of their scientific schools.
Keywords:
Russia, jurisprudence, legal science, legal practice, state power, politics, fighting for law, law-enforcement, legal expertise, legal development.
Ïðîáëåìû òåîðèè îòðàñëåé ïðàâà
Reference:
Zhavoronkova, N.G., Agafonov, V.B. (2014). Legal problems of economic regulation
of environmental protection. LEX RUSSICA (Russian Law), 4, 421–428. https://en.nbpublish.com/library_read_article.php?id=64194
Abstract:
The article contains a complex study of legal problems regarding economic regulation of environmental
protection, and based upon it with due consideration to theoretical and empiric studies of legal
norms, establishing economic mechanisms for the environmental protection in the light of current integration
processes, the authors single out the main provisions of the state policy in this sphere. The authors
substantiate the conclusion that the legal regulation of protection of environment is closely related to the
economic regulation of modernization of the state, that is why, the legal methods of regulation of economics,
as reflected in the normative legal acts, have a mediated legal influence upon the environmental conditions
in general. The theoretical value of the article is due to the fact that its conclusions and conceptual
proposals may be used in scientific and practical activities for the improvement of the federal legislation and
in the process of teaching environmental law in the leading higher educational institutions of Russia.
Keywords:
innovative development, concept, strategic planning, modernization, environment, economic regulation, legal regulation, integration processes, the Customs Union, the World Trade Organization.
Ïðîáëåìû òåîðèè îòðàñëåé ïðàâà
Reference:
Podolnyi, N.A. (2014). System of principles of criminal
judicial procedure as a system
of moral values. LEX RUSSICA (Russian Law), 4, 429–436. https://en.nbpublish.com/library_read_article.php?id=64195
Abstract:
The article concerns the issue of moral values of criminal judicial procedure in Russia. Attention is paid
to the interrelation between the principles of criminal process and moral values prevailing in a society. It is
stated that the system of principles of criminal process is a type of a projection of the system of moral values of the society upon the justice. The author analyzes the system of principles of criminal process, and the conclusion
is made that in various historical periods society and state paid special attention to certain principles.
These principles were best suitable for reflecting the moral needs of the society at the time. Additionally, they
represented reaction of the society to a certain law-enforcement practice, which did not correspond with the
moral ideas in the society. However, the author of this article supports the view that in spite of its great importance
of certain principles for society and state at times, they are all necessary in order for justice to be fair, and
they should be observed very scrupulously.
Keywords:
criminal judicial proceedings, principles of criminal process, system of moral values, justice, fairness, truth, presumption of innocence, parties to criminal judicial proceedings, defense advocate, court.
International civil law/private law
Reference:
Skachkov, N.G. (2014). Conflict of laws issues of legal
regulation of maritime transportation
of hazardous cargo. LEX RUSSICA (Russian Law), 4, 437–449. https://en.nbpublish.com/library_read_article.php?id=64196
Abstract:
The article concerns the norms of Russian law of late XV – early XVI centuries on definition and forms
of manifestation of treason against the Grand Prince of Moscow and all Russia. The author analyzes the texts
of the treaties among the Princes and the cross-kissing writs. Special attention is paid to the obligations, the
failure to fulfill which was regarded as treason against the Sovereign Ruler of all the Russia”. It is noted that
the treaties provided for the following obligations “not to be friends and not to correspond with the enemies
of the Sovereign Ruler”, wish him good, “not to gather and compromise” with anyone “for harm” to the Ruler,
to inform the Ruler on everything concerning him “for bad or for good”, to follow the land rights of the Grand
Prince, not to offend, not to limit by any trickery. The cross-kissing writs also provide for the obligations not to
immigrate, to serve the Prince, the Princess and their children for truth without any trickery, not to think or do
any evil to them, and to inform the Ruler of any coming threat. The general conditions for all of the forms of
treason was the matter characterizing the method of committing the crime, which was the failure to fulfill the
obligations taken under oath and abuse of trust as well as violation of the oath. Violation of obligations to the
sovereign of all the Russia given with the cross-kissing oath in the early XVI century was regarded as more than just treason against a specific Prince, but rather a treason against the entire Moscow state, as personified by
the Grand Prince, and such a treason was condemned by the church.
Keywords:
history of law, the Grand Princedom of Moscow, the Sovereign Ruler of all the Russia, the treaties among the Princes, the cross-kissing writes, the religious oath, treason against the sovereign ruler, bail writs, condemnation writ, treason cases.
CRIME CONTROL
Reference:
Antonyan, Y.M., Goncharova, M.V., Malikov, S.V. (2014). Poverty as a criminogenic factor. LEX RUSSICA (Russian Law), 4, 450–468. https://en.nbpublish.com/library_read_article.php?id=64197
Abstract:
The current economic situation in Russia causes high level of social tension among various social
groups, and alienation of the part of society, which is “deprived” by the government economic policy providing
for such an unfair situation. In such a situation the limiting potential of morals and law lessens considerably,
and the society stops having its limiting influence upon a person, therefore, anomy appears. Based upon the
above-mentioned prerequisite the article provides for the structure and characteristic features of the modern
poor social groups, and their criminogenic potential is evaluated. Based upon large amount of empiric materials,
including the results of the polling among the convicted criminals all around Russia, the authors prove a
number of traditional criminological theses on the connection between unemployment and the level of crimes,
and the exceedingly high expectations of persons before the moment when the crime is committed producing a
high level of tension and motivation for commission of crimes. At the same time the position is voiced, according
to which the level of crime cannot be lowered solely by economic means. The results of this study may be
used in the process of development of an unified concept of crime prophylactics in Russia.
Keywords:
poverty, categories of the poor, anomia, economic factors of crime, alcoholism, families with many children, migration, social tension.
COMPARATIVE LAW
Reference:
Zenkevich, A.S. (2014). Mediation in Poland and in Russia. LEX RUSSICA (Russian Law), 4, 469–476. https://en.nbpublish.com/library_read_article.php?id=64198
Abstract:
The article is devoted to the comparison of legal norms regulating mediation in civil cases in Poland
and in Russia. Analysis is focused upon the most significant legal acts. The main goal of comparison is to
discuss significant differences between Polish and Russian legal norms on the following issues: goals of the
mediation, definition of mediation and mediator, the range of cases involving mediators, principles of mediation,
preferable mediation strategy, conditions for acquiring mediator status, types of mediators, divisions
competent to initiate mediation, choice of mediator and contents of a mediator contract, mediation offer,
mediation agreement, mediation period, conditions of payment for the mediation, compensation of judicial
costs, approval and implementation of the contract on conflict regulation via mediation. The article presents
the view of the author regarding approval and implementation of the contract on conflict regulation via
mediation. It is concluded that use of mediation broadens the scope of freedom of citizens and eases access
to justice e. Also this practice improves efficiency of social communication and cultural dialogue. The popular
use of mediation and other forms of alternative dispute resolution complements and eases the workload of
the public justice system. Additionally, mediation implements democratic provisions on the existence of various
legal norms for conflict resolution and freedom of people in their choice of means of dispute resolution
based upon the principle of social individualized justice. In addition to the new legal norms on civil medication
in Poland and in Russia the author analyzes the issues of freedom of citizens, justice, implementation
of justice, vision of law, state and society, social communication, social conflicts, resolution of such conflicts,
application of law, efficiency and boundaries of law The author regards mediation as justice in its first degree.
From his standpoint, mediation is a complementary form of justice. It guarantees broad interpretation
of justice. In his concept “serving justice or resolution of legal disputes” is not limited to judges and courts.
All forms of justice (courts and other basic forms of alternative dispute resolution) complement each other
and assist each other in various spheres of their application.
Keywords:
mediation and mediator, alternative methods of dispute resolution, access to justice, complementary form of justice, individualized justice, social communication, interpersonal relations, social relations, cultural dialog, peaceful cooperation.
Ïðàâî çà ðóáåæîì
Reference:
Korchak, N.N. (2014). Distinguishing the objects of economic
and competition law. LEX RUSSICA (Russian Law), 4, 477–484. https://en.nbpublish.com/library_read_article.php?id=64199
Abstract:
The distinction between the objects of legal regulation of economic and competitive law has to do with
the contents of the terms “economic activity” and “economic competition”. The economic activity is a necessary
prerequisite for competition. At the same time competitive (adversarial) process may be a necessary condition
for the final economic result. Comparative analysis of the relevant norms of the Economic Code of Ukraine and
the norms of the Ukrainian legislation on economic competition provides the grounds for distinguishing the terms
“economic activity” and “economic competition” based on their sphere of application, form and goals of implementation.
Unlike the economic law, the term “economic subject” in competition law covers both entrepreneurs
and legal entities, as well as state and municipal bodies in the sphere of implementation of their economic activities,
as well as the group of economic subjects based on the element of control relations among them.
Keywords:
legislation, law, economic, competitive, competition, market, adversarial, subject, control, activity.
Ïðàâîâûå ïðîáëåìû ìèãðàöèè
Reference:
Christine Bertrand (2014). Paradoxes of the immigration policy
of the European Union. LEX RUSSICA (Russian Law), 4, 485–492. https://en.nbpublish.com/library_read_article.php?id=64200
Abstract:
The article is devoted to the paradoxes of immigration policy of the European Union. The author singles out
three such paradoxes. Regarding the first one, the author studies the changes in the policy from the openness of the
internal (national) borders and guarded external borders to the opposite situation, when the external borders are
weakened. Regarding the second one, the author discusses the issues of the need for immigrants in the European
Union and marginalization of the labor immigration policy. Regarding the third one, the author discusses the need
to respect the values of the European Union and the primary importance of the position in support of immigration.
It is stated in the introduction that the Member States of the European Union have for a long time been regarding
immigration as a purely national issues, and they attempt at the same time to manage migration streams, to pass
documents defining legal regime of immigrants, and to make decisions on prerequisites and conditions for leaving
the state of nationality for the public law reasons. The author uses both general scientific approaches and the
specific methods of legal studies in the process of analysis of the legislation of the Member States of the European
Union. For the first time in the Russian legal literature, the article allows the readers to get acquainted both with
the legal regulation of immigration and the problems, which the Member States of the European Union are facing.
Keywords:
France, security and justice, legal immigration, illegal immigration, public order, joint policy, family reunion, work, Schengen, the European Union.
HISTORY OF STATE AND LAW
Reference:
Savchenko, D.A. (2014). Formation of the term “treason against
the Sovereign Ruler of all the Russia”
in the Russian law of the early
XVI century. LEX RUSSICA (Russian Law), 4, 493–501. https://en.nbpublish.com/library_read_article.php?id=64201
Abstract:
The compensation of losses and spending of the insured parties due to the maritime transportation of
hazardous cargo which did not take place is complicated by the foreign element in the relations. The methodology
of choice of applicable law is unpredictable and it has a variety of detailing factors. The complete character
of obligation statute is defined by the law of the state, where the cargo was taken by the carrier, rather than
by the reference to the legal order of the basic contract. Then the factors of amount of cargo, place of loading,
amount of freight become specifying categories. None of the attachment formulae has proven to be optimally
efficient, if safe operation of a vessel serves as a guarantee of prevention of the insured event. Considering this
background the choice of personal law of the insured party is complicated and the material law concerns the
distribution of losses between the costs of troublesome party of goods and the freight costs. Thus, any legal order
becomes vulnerable, especially since the costs of significant transportation conditions are due to the need
to save the goods. The delict obligation should provide due consideration for an independent conflict of laws
decision in order to guarantee the tariff for the pure net award. The legal order of the state, where the vessel
was registered shall also be popular, since it shall strengthen the weak link between the events and de-facto
spending.
Keywords:
maritime transportation, hazardous cargo, insurance, legal order, conflict of law, delicts, risk quotations, general accident, insured event, insurance coverage.
NAME IN SCIENCE
Reference:
Lushnikov, A.M., Lushnikova, M.V. (2014). Karasev Y.A. and Danilova E.N.
as merited scientists in the sphere
of labor law. LEX RUSSICA (Russian Law), 4, 502–509. https://en.nbpublish.com/library_read_article.php?id=64202
Abstract:
The article provides a brief overview of teaching labor law at the Kutafin Moscow State University
(earlier, the MSAL, MLI, CEISL, CECLE, AUELU etc.). The author mention the heads of the Department of Labor
Law and Social Guarantees Law (earlier Labor and Collective Farm Law) and leading lecturers. Based upon
this the author establish the range of persons, to whom they shall devote the cycle of essays on outstanding
scientists in the sphere of labor. They provide biographical information and characterize the scientific heritage
of the first labor law lecturers of the All-Union Extramural Law University (AUELU), namely Yakov Afanasievich
Karasev (on whose initiative the Department of Labor and Collective Farm Law of the AUELU was formed) and
Elizaveta Nikolaevna Danilova. The authors make the conclusion on their significant input into the development
of the Russian science of labor law, and E.N. Danilova was also a leader among the staff of the Law Department
of the People’s Commissariat of Labor of the RSFSR (SSSR), the author of the best commentary to the labor
legislation in the second half of the XX century.
Keywords:
science of the labor law, MSAL, MLI, CEISL, CECLE, professors and lecturers, Y.A. Karasev, E.N. Danilova, scientific heritage, biography, the AUELU.