Annotations №2 / 2011


Varlamova N. V. (Moscow) The third generation of human rights?

The author analyses the concept of generations of human rights proposed by Karel Vasak and shows it’s strong and weak sides. Special attention is paid to the third generation of human rights as the most controversial group of rights in this classification.

Key words: human rights, generation of human rights, group rights, right to self-determination, right to development

Riekkinen M. A. (Finland, Turku) Participation of the elderly in economical, social and cultural life: in the context of international legal obligations of the RF

The article deals with participatory rights of the elderly. This question setting is put in the context of the Russian international obligations. The fulfilment of such obligations is assessed on the basis of the praxis of the treaty bodies.

Key words: rights of the elderly, participation in economic, social and cultural life, age discrimination


Osipyan B. A. (Moscow) About lawfulness of principle of social inequality

Author’s approach towards understanding of equality in society and law is presented. He critically estimates modern inner-state and international legal regulation in the sphere of discrimination on gender and other characters. Theological concept of social organization and legal reglamentation of rights and freedoms.

Key words: social inequality, gender differences, equality of rights, emancipation, God

Zhiltsova N. A. (Saratov) Availability of justice: theory and practice

The author touches questions of maintenance of availability of the qualified legal aid for needy citizens of the Russian Federation within the limits of work of legal clinics of the higher education schools which are carrying out preparation of experts in the field of jurisprudence.

Key words: justice, availability, legal aid, legal clinic

Fayzrakhmanov R. Kh. (Yekaterinburg) State sovereignty and armed violence in conditions of modern globalization (theoretical legal and politological aspects)

Article is a summary of the views of the author on the impact of modern globalization and born of planetary problems on the events and situation in the world including level and status of state sovereignty. This important feature of the state is directly proportional to the form of armed violence used today as a mean to achieve certain political objectives. This indicates the need for and makes the actual problem of legal regulation of armed violence and the consequences of its use.

Key words: globalization, global issues of modernity, state sovereignty, armed violence, war

Fadeeva A. A. (Yekaterinburg) Doctrine interpretation of Constitution

Doctrine interpretation of law and Constitution are examined. The essence and role of doctrine interpretation are disclosed. Different approaches towards doctrine interpretation and its types are presented. The forms of Constitutional Court of the RF, its judges and judges of constitutional courts of the RF subjects’ participation in doctrine interpretation are shown.

Key words: doctrine interpretation, dissenting opinion, casual interpretation, comments and clarification of Constitutional Court of the RF


Epov A. G. (Chernogorsk) Court decisions about lawfulness of normative legal acts’ control as acts of «negative» lawmaking: theory and practice

Reasoning from that it is necessary to consider null from the moment of its adoption the normative legal act which was declared by court to be unconstitutional (illegal), the author comes to conclusion on impossibility of existence of the court «negative» lawmaking and accordingly of «negative» sources of law in the form of judgments.

Key words: lawfulness of normative legal acts’ control, nugatory normative legal act, inoperative normative legal act, «negative» lawmaking, conditions of validity of normative legal act, illegal (unconstitutional) normative legal act

Egorov K. I. (Yekaterinburg) Informational legal modeling as a stage of judicial law enforcement

The article is devoted to the analysis of structure of judicial application of the law. Examining modeling as a general method of cognitive activity of court the author distinguishes it in the separate stage of process of application of the law.

Key words: stages of process of application of the law, judicial application of the law, planning of judicial trial, informatively-legal modeling


TeslenkoA. M., Beresneva Yu. V. (Yekaterinburg) About several problems of legal regulation of international relations of municipal entities in the Russian Federation

The article is devoted to legal regulation of international relations of municipal entities in the Russian Federation. Special attention is brought towards legislative regulation of international co-operation of municipal self-government authorities.

Key words: international relations, subjects of the RF, municipal entities, coordination, legal regulation

Kolpaschikova A. A. (Yekaterinburg) Some aspects of international legal regulation of the participation of children in armed conflict

A general survey of the prevailing rules of international law regulating the problem of children’s participation in armed conflicts is introduced in the article. Distinctive features of international legal regulation of children’s participation in armed conflicts and problems existing in such regulation are shown.

Key words: child, armed conflicts, recruitment, international humanitarian law, international legal court


Chudinov O. R. (Perm) The types of unfair competition in accordance with the civil law of France

The problem of struggle with unfair competition in the sphere of enterprise in France is analyzed. The author shows the variety of types of unfair competition in accordance with the civil law of France. In conclusion he gives suggestions on classification of forms of unfair competition improvement in the legislation of the Russian Federation.

Key words: civil law of France, unfair competition, classification of forms, legislation of the Russian Federation

Nuriev A. Kh. (Kazan) State’s tort liability in the law of foreign countries

The author describes the essential traits of state’s tort liability in the USA, Germany, UK and France. Alleged law and judicial practice in states under discussion and mechanisms which can be used by an injured party to seek monetary damages for losses caused are described. The purpose of the article is to define the most effective and successful ways to protect rights and interests of subjects of economic activities if they are caused harm by the state.

Key words: civil liability, administrative liability, compensation of harm, illegal actions of the state, state bodies, state officials, civil injury


Makartsev A. A. (Novosibirsk) Electoral commissions as juridical persons: the problems of legal status

The article investigates the elements of the legal status of the electoral commissions as legal entities. Based on analysis of institutional and legal framework of their activities it is concluded that the electoral commission is not fully fit in сivilе signs of a legal entity which are secured by civil law. In this regard the author formulates proposals to improve legislation.

Key words: electoral commission, subject of the electoral law, electoral law, civil code, public legal education, system of election commissions


Sementsov V. A. (Krasnodar) The truthfulness of testimony check by polygraph

The possibility of truthfulness of testimony got during interrogation, confrontation, submission for identification check is justified in the article. The author suggests to consider the order of investigator on testimony check obligatory for the person it is addressed to giving him/her additional rights similar to the expert rights. Polygraph testimony check proves to be more effective than judicial psychological and physiological expertise.

Key words: check, testimony, compulsion, specialist-poligrapholog, order, judgment

Fedorov A. Yu., Martynova S. I. (Yekaterinburg) Actual questions of resistance to juvenile violent crimes

The authors substantiate the importance of the study and criminological description of juvenile violent crimes; define the tasks and targets aimed at the perfection of the system of legislation and law-enforcement practice in the aforementioned issue.

Key words: violence, crime, juvenile delinquents, criminal practice, resistance to crimes

Maslov V. V. (Yekaterinburg) The order of legal procedure on materials on limitation of constitutional citizen’s rights within operative research measures

The author examines some problems of legal procedure on materials on limitation of constitutional citizen’s rights within operative research measures.

Key words: operative research measures, procedure, jurisdiction, legality, reasonableness


Smirnov A. V. (Saint-Petersburg) Some actual problems of criminal law and process in the light of the Russian Constitution and international law

The author’s position on some actual questions of criminal law and process in the RF is presented: problem of death penalty abolition, investigation authority reform, judges’ independence guaranteeing, jury trial sphere use.

Key words: death penalty abolition, investigation authority reform, judges’ independence, jury trial

Kharchenko V. B. (Ukraine, Kharkov) On the problem of organization of the penal protection of rights on the results of intellectual activity in the legislation of the Russian Federation and Ukraine

The article deals with the problems of intellectual property guard rights provided by the modern criminal legislation of the Russian Federation and Ukraine. It touches upon the analysis of law practice of encroachments on the objects of copyright, contiguous rights, industrial property rights. The author suggests the ways of solving above-mentioned problems and improving of criminal legislation of the CIS-states.

Key words: intellectual property, copyright, neighbouring rights, industrial property, criminal responsibility

Bashkov A. V. (Yekaterinburg) Complicated questions of qualification of crimes against property

The article is devoted to some problems of qualification of crimes against property. These problems are connected with subject of criminal infringement and objective side of crime.

Key words: property, subject, objective side of crime, qualification

Bazhin D. A. (Yekaterinburg) On the question of publicity understanding in criminal law

The article is devoted to the concept of publicity of act in criminal law. The author carries out the analysis of what is understood as publicity in corpus delicti in the criminal code of the RF and on this basis offers improvement s of corpus delicti of a crime of article 197 of the Criminal Code of the RF «Fictitious bankruptcy».

Key words: publicity, public announcement, fictitious bankruptcy


Krasnova S. A. (Kemerovo) Theoretical basis of classification of the civil ways of defence

The article shows the division criteria for ways in defending the civil rights and the law protecting interests and classification based on them. The relative character of the criterion «sphere of using civil-law ways of defence» testifies the unsuccessful classification of them into general and special. Basing on the critical analysis of various classifications used in scientific literature the author suggests her own variant of division classification using the criterion of functions and aims.

Key words: classification of ways of the civil rights defence, general and special ways of the defence

Zasypkin D. Yu. (Yekaterinburg) The notion and characters of concession agreement

Concession agreement is a new phenomenon for the Russian legal system. In jurisprudence there are many discussions concerning concept, legal nature and indicias of concession agreement. Under the modern Russian legislation concession agreement should be considered exclusively as civil law contract whereas in a number of foreign countries concession still keeps some publicly-legal elements. The author analyses constituent indicias of concession agreements describing it civil law nature. The author comes to a conclusion about strong «erosion» of publicly-legal elements in concession agreement which were essentially transformed and lost the initial value.

Key words: concession, agreement, contract, concessioner, investments

Ilyin A. V. (Saint-Petersburg) On the question of discrete character of the right to judicial expenses compensation

In the article it is proved that property of divisibility of requirements declared in court doesn't render influence on the nature of the right to judicial expenses compensation. The author proves that this right has not discrete but continuous character that specifies in absence of direct dependence between volume of the requirements satisfied by the court and the size of awarded judicial expenses.

Key words: judicial expenses, challenging of normative legal acts, right to judicial protection

Spitsin I. N. (Yekaterinburg) Mechanism of insurance of the civil and arbitral processes transparency: general characteristics

The article touches upon some points of the juridical transparency: the author offers a Model of Transparency insurance mechanism. The corelation between the Model and the mechanism of legal regulation can be noted. The mechanism of transparency insurance is viewed as a system: means and interrelation between its components are described, referring to civil and arbitral procedures.

Key words: transparency, civil procedure, arbitration procedure, insurance mechanism, insurance means


About technique of administrative infractions exposure and technique of administrative penalty award or «film director by myself»

The comments on CoAI provisions concerning special technical means use and period of deprivation of special rights.

Key words: special technical means, period, deprivation of a right to drive a vehicle


Drapkin L. Ya. (Yekaterinburg) Pages from investigators diary

This is the eighth part of autobiographical essay of one the prominent criminalist of modern Russia – professor L. Ya. Drapkin.

Key words: criminalist, investigator, criminalistics, versions, prominent

Sokolova E. S. (Yekaterinburg) Sobornoe ulozhenie of 1649th and serfdom: reflection for methodological roots of law-historical discussion of the second half XIX – beginning XX centuries

The article focuses on the methodological aspects of law-historical debate about juridical nature of serfdom in law standards of Sobornoe ulozhenie. The author investigates theoretical aspects of the conceptions of the models for selfdom formulated by the leaders of the state-law school and it’s epistemological significance for contemporary investigations of estate legislation of Moscow Russia. The article demonstrates specific of juridical technique of Sobornoe ulozhenie and concludes that it’s impossible to take definite answer about degree of the personal dependence of peasants in the reign of the first Romanovs.

Key words: Sobornoe ulozhenie, serfdom, law-historical science, state-law school, methodological debates, serfs on private estates, pomestie-votchina estates, personal dependence and land dependence, gaps in legislation

Kamynin V. D. (Yekaterinburg), Pankin I. D. (Chelyabinsk) Estimation by the Russian emigrants of the legal basis of nationalization of the industry of Russia

In the article the sights of the Russian emigrants on a legal basis of nationalization of the industry executed by Bolsheviks in 1917-1920 are analyzed. Various estimations of the basic decrees of the Soviet power and industrial policy of Bolsheviks in the years of «military communism» as a whole are revealed.

Key words: Russian emigration, the industrial policy, legal basis, nationalization