Annotations №3 / 2011
GENERAL QUESTIONS OF JURIDICAL PROCESS AND PROCEDURAL LAW
Pavlushina A. A., Gavrilenko I. V. (Samara) General legal institutes of procedural law in information society: tendencies and prospects of development
Review of new «procedural informational problems» is presented: problem of new «informational» methods of person’s identification in legal circulation; legal definition of appropriate uniform status for internal documents, electronic documents, electronic documents circulation; electronification of any type of judicial procedure.
Key words: procedural law, information, institutes, juridical process, electronic documents circulation
Osintsev D. V. (Yekaterinburg) On the question of «juridical process» category
Author’s position on understanding of «juridical process» category is presented. Different «traditional» types of juridical processes are analyzed. The author comes to a conclusion that objective approach can’t be used in process research and that not every type of activity should undergo legal regulation – part of arranged activity is traditional. Three approaches towards possibility of creation, criteria of use and realization of juridical proceedings are suggested.
Key words: juridical process, object, legal practices, normative regulation
Berg L. N. (Yekaterinburg) Theories of juridical process: comparative-legal analysis
Comparative-legal analysis of juridical process theories within Romano-German and Anglo-American legal families considering basic for these legal systems law understanding doctrines (normative and sociological) is made. Fundamental differences in understanding and realization of process in the different legal systems’ countries are formulated.
Key words: juridical process, comparative-legal analysis, law understanding, sociological law understanding, juridical positivism, procedural law
Gilles P. (Germany, Frankfort on the Main) The electronic process and the principle of orality
The author examines correlation and realization of orality and writing in judicial proceedings. Electronic process development is critically estimated from the viewpoint of the named principles. Doctrine and practical aspects of principle of orality use are analyzed, prognosis of judicial proceedings development is made.
Key words: electronic process, orality, effectiveness, publicity, oral proceedings, writing proceedings
Likhovaya S.Ya. (Ukraine, Kiev) Juridical process – theory and reality (European norms and standards influence on juridical process in Ukraine)
The author analyzes the concept of juridical process in the broad and narrow sense. The levels and elements of the juridical process are analyzed. On the example of the criminal law the factors causing instability of the legal process in Ukraine are shown.
Key words: juridical process, the levels of the juridical process, criminal law, European law
Egorov K. I. (Yekaterinburg) Law enforcement as a type of juridical process
Basic features of juridical process are disclosed. General characteristics of law enforcement as a type of juridical process are given.
Key words: juridical process, law enforcement, procedural form
INTERNATIONAL PROCESS
Fedorov I. V. (Yekaterinburg) International juridical process doctrine
Brief review of the Russian and foreign international juridical process doctrine is presented. Some peculiarities of procedural problems understanding in modern text-books are mentioned, «new international legal process» doctrine suggested by American researchers is described, basic definition of «international juridical process» is given.
Key words: international juridical process, law enforcement, international courts, doctrine
Bezborodov Yu. S. (Yekaterinburg) International model norms: influence on internal legislative procedures
The practice of international model norms use in the RF, other countries including CIS countries is analyzed. The author pays special attention to model norms adopted by Interparliamentary assembly of CIS.
Key words: model norms, unification, practice, legislative procedures
Rabtsevitch O. I. (Yekaterinburg) International criminal procedural law: on the question of self-sufficiency of normative complex
The author analyzes stated in an international law science theoretical views on existence of the international criminal and criminal procedural law. Considering tendencies of increase in quantity of procedural norms, strengthening of their detailed elaboration, occurrence of system of the international criminal justice the author comes to a conclusion that there are occasions and the bases for thoughts about essence of International criminal procedural law, its place in international law system, and necessities of a recognition of its independence, undertakes attempt to formulate its definition and kinds of the relations entering into a subject of its regulation.
Key words: international criminal law, international criminal procedural law, subject of legal regulation, organs of international criminal justice, material and procedural legal relations
Glotova S. V. (Moscow) Peculiarities of international criminal proceedings (on the example of International Criminal Court)
The article is devoted to the impact of International Military Tribunal in the emerging of international criminal procedure. The author in detail analyzes different aspects of judicial proceedings based on the fight between accusatorial and inquisitorial systems, factors that influence the development of international procedure, general principles, the main features of the criminal proceedings in the International Criminal Court.
Key words: international criminal procedure, International Criminal Court; prosecution, evidence, international criminal justice, international criminal tribunals, investigation
Tolstykh V. L. (Novosibirsk) The questions of process in decisions of international courts in the 1st decade of XXI c.
The main procedural questions considering by international courts are analyzed. The author speaks about five categories of these questions. Analysis of each group is illustrated by examples from the practice of international courts in the first decade of XXI. In the conclusion the author declares that the development of international procedural law is effectuated not only by international court practice but also by instruments of soft law.
Key words: international courts, international court decisions, international process, justice, proliferation of international courts, legal assistance, conflict of jurisdictions
Volkova M. S. (Moscow) Peculiarities of international procedural norms of inter-branch institution of the diplomatic protection of foreign citizens abroad in modern international law
The article is dedicated to a specific feature of the international institution of the diplomatic protection which is falling under the influence of a number of the principles of several branches of the international law. Some of them are establishing for an actual legal nature of the diplomatic protection. The author is targeted to investigate the nature of the secondary (procedural) norms pertaining to the institution of the diplomatic protection and reflecting the judicial meaning of the legal mechanism of the protection of the rights of foreign citizens abroad in its contemporary status.
Key words: institution, diplomatic protection, international law
CONSTITUTIONAL PROCESS
Ueno М. (Japan, Tokyo) Guarantees of basic rights in Japan
Brief analysis of practice of normative control executed by Japanese Courts is presented. The author evaluates normative and realization aspects of juridical negativism in Japan.
Key words: Constitution, control, guarantees, court proceedings, Supreme Court
Tanasescu S. (Romania, Bucharest) Role of judge in criminal law definition
Practice and approaches of the Constitutional Court of Romania towards criminal and criminal procedural legislation modification are reviewed. The author estimates rule-making efforts of the Court and influence on practice of courts and legislation. Romanian legislators and courts activity in criminal legal regulations making and realization is critically characterized.
Key words: Constitutional Court, Criminal Code, practice, changes, abrogation, parliament, Romania
Berdyugina Yu. M. (Yekaterinburg) On the question of the invited persons in the constitutional judicial proceedings
The article is devoted to the definition of the invited persons in the constitutional judicial proceedings. The author in detail analyzes the practice of the Constitutional Court of the RF, theoretical opinions on the invited persons in the constitutional judicial proceeding, the provisions of regulations and offers some recommendations for improving the status of the invited persons in the constitutional judicial proceedings.
Key words: Constitutional Court of the RF, constitutional judicial proceedings, invited persons
CRIMINAL PROCESS
Bozrov V. M. (Yekaterinburg) On the problem of methodology in theory of procedural functions
The article is devoted to methodological rules of procedural functions’ essence identification in criminal process.
Key words: methodology, procedural functions, competitiveness, sides in criminal proceedings, court
Litvishko P. A. (Moscow) Specifics of the exercising criminal and procedural criminal jurisdiction with regard to state foreign missions
The subjects analyzed in the article represent the intricacies of the exercising substantive and procedural criminal jurisdiction with regard to the territory of diplomatic missions, consular posts and missions to international organizations from the viewpoint of a sending state as well as that of a receiving state, the relevant legal framework and law enforcement practice of Russia and foreign countries. On the basis of the drawn analogy with the jurisdiction to enforce as a whole the author makes a conclusion that the exercising criminal procedural jurisdiction by a sending state on the compound of its foreign mission constitutes a norm of the customary international law, as well as formulates the main principles of the exercising substantive and procedural criminal jurisdiction at a foreign mission.
Key words: foreign mission, diplomatic mission, consular office, territory of embassy, extraterritorial, criminal, procedural criminal jurisdiction, jurisdiction to enforce, investigation of offences
Kolosovskiy V. V. (Chelyabinsk) About correlation of qualification «with reserves», accusational deviation and qualification mistakes
The analysis of subjective and objective features of the law user behaviour who realizes the so-called qualification «with reserves», judgement of conviction and of acquittal indicates that such behaviour is not faulty, moreover, in some cases it is even criminal or can be of corpus delicti providing by p.1 or p.2 of art. 299 of the Criminal Code of the RF.
Key words: qualification «with reserves», accusational deviation, judgement, qualification mistake
Kozubenko Yu. V. (Yekaterinburg) Questions of criminal proceedings of PRC and the USA
Overview of the joint open lecture on criminal procedure of PRC and the USA where general characteristics of the CPC of PRC, activity of investigation and judicial authorities of PRC were given, problems of juridical persons criminal responsibility under Anglo-Saxon legal family laws on the example of the USA were presented.
Key words: criminal proceedings, China, CPC, corporation, the USA, criminal responsibility, punishment
CIVIL PROCESS
Kurochkin S. A. (Yekaterinburg) Civil litigation as a legal procedure
The article is a brief analysis of civil litigation as a form of legal procedure. Some conclusions based upon civil procedure system research are given.
Key words: civil litigation, legal procedure, system
Kochurina T. A. (Yekaterinburg) Institution of re-consideration of judicial decrees on newly discovered or new circumstances: civil procedural and international law interaction
The article contains analysis of the norms of civil procedure law regulating grounds for re-consideration of judicial decrees on newly discovered circumstances in accordance with international law.
Key words: re-consideration of judicial decrees on newly discovered circumstances, European Court of Human Rights, international law, civil procedure, Constitutional Court of the RF
PAGES OF HISTORY
Drapkin L. Ya. (Yekaterinburg) Pages from investigators diary
This is the ninth part of autobiographical essay of one the prominent criminalist of modern Russia – professor L. Ya. Drapkin.
Key words: criminalist, investigator, criminalistics, versions, prominent
Medvedev V. G. (Tolyatti) Criminal court and process in Antique Rome of empire period
The article is devoted to analysis of the criminal court and process in Antique Rome of empire period. The author aspires to show modifications in judicial system and legal criminal proceedings during research period, to light new legally defined crimes, to expose a substance of legal proceedings.
Key words: crime, criminal court, criminal process, judicial commission
LIBRARY
Suslonov P. E. (Yekaterinburg) Review of the book: Law and legislation: philosophical and sociological research. 2nd issue. Yekaterinburg: USLA Publishing House, 2010