Reference:
Uksusova, E.E..
Civil judicial procedure on bankruptcy
cases: problems of legislative regulation
and legal practice
// LEX RUSSICA (Russian Law).
2014. № 2.
P. 211-227.
DOI: 10.7256/1729-5920.2014.2.63844 URL: https://en.nbpublish.com/library_read_article.php?id=63844
Abstract:
The article is comprised of three parts, each latter one is the development of what is discussed
in previous one. Part 1 is “Correlation of material and procedural law”. Part 2 is “Specific features of
procedural sphere of insolvency (bankruptcy)”. Part 3 is “Influence of the practice of the supreme court
on the civil judicial procedure on bankruptcy cases”. The material has is inner layout and numbering
throughout the article. In the first part of the article the author based upon the general methodological
approaches towards the studies of procedural regulation of civil judicial proceedings establishes singles
out and defines the contents of civil procedural sphere of insolvency (bankruptcy), its procedural specificities.
The author also establishes whether the complex legislative regulation of both material and procedural
elements of insolvency (bankruptcy) relations is viable, showing the need to study the complicated
mechanism of judicial protection on civil cases, when the material and procedural law provide for double
regulation with connection to material legal characteristics of cases through the subject of material legal
characteristic features of cases through the object of judicial dispute and protection. With the regard to
insolvency sphere the author discusses topicality and scientific inadequacy of recognizing
competitive law as a complex legal institution within the civil law doctrine, or singling out procedural
norms and legal relations with the material reference as “competitive”. The author considers it inacceptable
to provide such material ties to procedural norms regarding procedural forms on certain categories
of civil cases within the framework of civil judicial procedure provided for by special procedural norms.
The article also contains analysis of legislation, including mostly civil (arbitration) procedural legislation
regulating insolvency (bankruptcy) in the perspective of their historical development , as well as the
modern situation in procedural regulation of bankruptcy cases, contents and specialized character of civil
procedural regulation of judicial proceedings on such cases, its procedural differentiation due to debtor
categories and bankruptcy procedures. The article also contains analysis of judicial acts of supreme courts
(the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the
Supreme Arbitration Court of the Russian Federation, as well as the provisions of civil and procedural
doctrines. The author uses both general scientific methods, such as analysis, synthesis, generalization and
analogy, and the specific private law cognition methods (formal logical methods, historical legal method,
formal legal method, systemic method, comparative legal method).
Keywords:
civil judicial procedure, civil procedural law, insolvency (bankruptcy), procedural norms, bankruptcy cases, legal position, judicial law-making, supreme court, procedural specialization, specialized procedural regulation.
Reference:
Kalinichenko, P.A..
Europeanization
of the Russian judicial practice
(taking an example of the influence
of the European Union law
on the Russian court decisions)
// LEX RUSSICA (Russian Law).
2013. № 11.
P. 1224-1234.
DOI: 10.7256/1729-5920.2013.11.63449 URL: https://en.nbpublish.com/library_read_article.php?id=63449
Abstract:
The article includes analysis of the phenomenon of Europeanisation of the Russian judicial practice.
Based on the comparative analysis the author provides detailed evaluation on the issue of constitutional
legal foundations for the Europeanisation of the Russian legislation and judicial practice based upon the norms of the European Union. The author studies legal instruments, allowing to use and apply the European
law within the Russian legal order. There is over a hundred of cases in the Russian judicial practice, where
the courts of various instances and levels used and applied the European Union law. The article provides
analysis of the practice of application of the Partnership Cooperation Agreement between Russia and the
European Union of 1994, as well as other cases regarding use of the European norms and standards. Special
attention is paid to the practice of the Russian arbitration courts on trade, tax and customs cases. The
continuing Europeanisation of the Russian legislation required comparison of the Russian legal norms with
the EU rules and the judicial practice of the Court of Justice of the European Union, when may be found in
the practice of Russian courts.
Keywords:
jurisprudence, Europeanisation, judicial procedure, the European Union, constitutional and legal foundations, practice of the Russian courts, Partnership Cooperation Agreement.
Reference:
Tumanov D.A..
The problems of correlation
of grounds for the refusal to recognize
and enforce the foreign
judicial decisions under
the Civil Procedural Code
of the Russian Federation
and the international treaties
to which the Russian Federation
is a party
// LEX RUSSICA (Russian Law).
2013. № 11.
P. 1235-1238.
DOI: 10.7256/1729-5920.2013.11.63450 URL: https://en.nbpublish.com/library_read_article.php?id=63450
Abstract:
The article concerns an issue on how a Russian court should act, if the grounds for the refusal to
recognize and enforce a foreign judicial decisions under the Civil Procedural Code of the Russian Federation
do not correspond to the provisions of an international treaty, to which the Russian Federation is a party.
The positions of Russian legal scholars are divided. The practical approaches are also ambiguous. The article
contains a conclusion that the list provided for in the Civil Procedural Code of the Russian Federation should
be applied in all such cases, since departure from this position may lead to the situations, when the decisions,
which should not be viable, shall be enforced. It would lead to violations of the Constitution of the Russian
Federation, having supreme legal force (international treaties of the Russian Federation should not contradict
it) and direct application.
Keywords:
jurisprudence, foreign judicial decision, grounds for refusal, refusal to recognize, conditions for recognition of a decision, enforcement of a foreign decision, recognition of a foreign decision, the Civil Procedural Code, the Constitution of the Russian Federation, international treaty, force.
Reference:
.
On the 20th Anniversary
of the Constitution
of the Russian Federation
(the All-Russian Conference
"Topical Issues
of Teaching Constitutional Law").
// LEX RUSSICA (Russian Law).
2013. № 11.
P. 1239-1269.
DOI: 10.7256/1729-5920.2013.11.63451 URL: https://en.nbpublish.com/library_read_article.php?id=63451
Abstract:
This publication reflects the materials of the all-Russian conference for the lecturers, teaching constitutional
law, which was devoted to the topical issues of teaching constitutional law and held at the Kutafin
Moscow State Law University. In the year of 20th anniversary of the Constitution of the Russian Federation,
the participants had serious discussion of the topical issues regarding teaching constitutional law within the
context of modern problems in the sphere of constitutional development of the state.
Keywords:
the Constitution of the Russian Federation, constitutional law, state law of the foreign states, constitutional judicial process, municipal law, reform of legal education, Master’s Degree, Bachelors, modern textbook, teaching, educational technologies, competency approach, constitutional model of a lawyer.
Reference:
Chuchaev, A.I..
Winner and laureates
of the best scientific
book competition
// LEX RUSSICA (Russian Law).
2013. № 11.
P. 1270-1277.
DOI: 10.7256/1729-5920.2013.11.63452 URL: https://en.nbpublish.com/library_read_article.php?id=63452
Abstract:
The competition for the best scientific book has been held by the Fund for National Education Development
eleven times by now. There are no similar competitions in Russia, and in fact it is an international
competition. In 2012 scientists from Russia, the Great Britain, Germany, France, Italy, Korea, Armenia, Belarus,
Kazakhstan, and Ukraine took part in the competition. The competition received applications from 4983
scientists from 1267 higher education institutions and scientific research institutions. The Commission chose
winners and laureates in four nominations, including leading scholars in the spheres of fundamental and applied
sciences.
The results of the competition clearly show scientific developments in the higher education institutions.
The presentation of the best scientific works within the framework of an international scientific forum «The Week of Higher Education Institution Science 2013» shall allow people to find out about the new achievements
of the scientists from many regions of Russia and of foreign scientists. Addressing the winners and
laureates of the competition, the President of the Fund for the National Education Development, Vice-Chairman
of the Education Committee of the State Duma of the Russian Federation, the Laureate of the State
Award of the Government of the Russian Federation in the sphere of education and science, Academician
of the State Academy of Sciences «Russian Education Academy», Doctor of Pedagogical Sciences, Professor
M.N. Berulava pointed out that «by your interested participation in this competition, you have proven
that you are ready to use your knowledge and talent for the implementation in the most important spheres
of scientific progress…. Your interest to science, your wish to move it forwards have common respect and
recognition. Your active position, initiative, aim for positive result facilitate the improvement of the general
level of higher education and growth of the scientific potential of Russia, as well as support of the authority
of the Russian education and improvement of its competitive ability». The review provides brief descriptions
of the works of the lecturers of the Kutafin Moscow State Law University, recognized as winners and laureates
of the competition.
Keywords:
jurisprudence, the Fund for National Education Development, competition for the best book 2012, winner, laureates in the «jurisprudence» nomination
Reference:
Brych, L.P..
Use of negative terms
in order to distinguish
constituent elements
of various crimes
// LEX RUSSICA (Russian Law).
2013. № 9.
P. 981-983.
DOI: 10.7256/1729-5920.2013.9.63081 URL: 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.
Reference:
D.R. Kazanbekova.
Legal science and its value
in the modern society
(review of the theses
of the conference participants)
// LEX RUSSICA (Russian Law).
2013. № 9.
P. 984-992.
DOI: 10.7256/1729-5920.2013.9.63082 URL: 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
Reference:
O.M. Gyurdzhan.
Modernization
of criminal legislation
in Kazakhstan
(International Roundtable in Astana
and international conference
in Almaty
// LEX RUSSICA (Russian Law).
2013. № 9.
P. 993-997.
DOI: 10.7256/1729-5920.2013.9.63083 URL: 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.
Reference:
Kazachkova, Z.M., Klyukovskaya, I.N..
Legal education in the USA:
model improvement
// LEX RUSSICA (Russian Law).
2013. № 7.
P. 774-780.
DOI: 10.7256/1729-5920.2013.7.62890 URL: 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.