Annotations № 3 / 2013
ROUND TABLE «FRAGMENTATION OF INTERNATIONA LAW»
Tolstykh V. L. (Novosibirsk) International law as a metanarrative
The author argues that international law is a narrative, and that narrative is great. It is undergoing profound changes (fragmentation, loss of narrativity, relativization, etc.), indicating that it is in crisis. Recovery from the crisis involves making radical changes to the content of the narrative.
Key words: international law, international law norm, metanarrative, postmodernism
Plotnikov A. V. (Odessa, Ukraine) Evolution of doctrinal approaches towards understanding and evaluation of fragmentation of international law
The state of the doctrinal study of the phenomenon of fragmentation of international law is considered. The views of domestic and foreign scholars on the phenomenon of fragmentation are presented; the development of the doctrine of fragmentation is shown.
Key words: fragmentation of international law, development of international law, doctrine of international law, UN International Law Commission
Davletgildeev R. Sh. (Kazan) To the question of approaches to the fragmentation of international law
The fragmentation of international law is an issue that has been actively discussed in the scientific community, as well as has been reflected in the positions of practitioners in the field of international law. The paper discusses the main components of the fragmentation problem (normative, institutional and regional), the attitude to fragmentation of the International Law Commission, the International Court of Justice. The brief analysis of the significance of regionalism in the context of the fragmentation of international law is given.
Key words: fragmentation of international law, system of international law, proliferation of international judicial institutions, regionalism in international law, UN International Law Commission
Bezborodov Yu. S. (Yekaterinburg) Universalization and localization of international legal regulation in conditions of globalization
Two interrelated but not conflicting trends in international law: the universalization and localization (fragmentation), which in the context of globalization manifest themselves in different ways and at different times, but act as regularities in the basic process of the evolution of international law are described.
Key words: universalization, fragmentation, international law, globalization
Kozheurov Ya. S. (Moscow) Differentiation of international responsibility
The author comes to a conclusion that the term "international responsibility of" has stopped to be a uniform concept, it came to mean phenomenon of different character and legal nature. Responsibility is understood, first, as the responsibility of governments and international organizations for committing an internationally wrongful act, and secondly, as a liability for the injurious consequences of acts not prohibited by international law.
Keywords: fragmentation, international responsibility
Krasikov D. V. (Saratov) «Hidden role» general international law norms in regulation of European Court of Human Rights competence
While the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 serves as the legal basis of the competence of the European Court of Human Rights, the norms of general international law play an important role in regulating the court's competence. In this case, such a role is not always clearly reflected in his practice as a series of rules are accepted by the convention itself, and in some cases the court, although it acts essentially on the basis of these norms, doesn’t explicitly refer to them. This allows you to talk about the "hidden role" of the rules of general international law in regulating the competence of the ECHR. Some manifestations of this role are the subject of this article.
KEY WORDS: general international law, competence of the European Court of Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms
Lazutin L. A. (Yekaterinburg) Thoughts on the law of international security
Attempt is made to reconsider the nature branch of international public law - the law of international security. The changed geopolitical situation in the world demands a new approach to the assessment of the universal and regional systems of collective security. Many legal institutions of this branch of law ceased to exist and some almost do not perform their functions. There was a merger of law of international security and international criminal law and a number of other branches. This is evidenced by the sources, which rules apply to both branches, hampering the codification of the law of international security.
Key words: law of international security, international law, armed conflict
Tyurina N. E. (Kazan) Fragmentation of international law in the context of the «WTO law»
The fragmentation of international law from the perspective of intersectoral cooperation in international law is considered. The author dwells on the interpretation of «WTO law» in the context of international environmental law and human rights protection, and comes to the conclusion that nothing prevents the Vienna Convention 1969 systematic interpretation of «covered agreements». However, not directly regulated by «WTO law», this method of interpretation is not rooted in the practice of dispute resolution.
Key words: «WTO law», international law, interpretation, environment, international environmental law, human rights
Titova T. A. (Yekaterinburg) To the question of international regulation of states cooperation in the sphere of adoption
Multilateral and bilateral international treaties on cooperation in the sphere of adoption, in which Russia participates, are analyzed. Accent is made on agreements with the USA due to the increasing number of incidence of child abuse with the children –citizens of the Russian Federation adopted by USA citizens.
Key words: adoption, USA citizens, rights of the child, the best security of interests of the child, international treaties
Savelieva E. G. (Yekaterinburg) Fragmentation of international law and its positive role in property right protection at the universal and regional levels
The article deals with the fragmentation of international law as a positive factor contributing to the settlement of difficult international problems. Negative implications of the system’s subdivision into “universalism” and “regionalism” are counterbalanced by the trend towards positive interaction of universal and regional norms in international law. The article provides a concrete example of property right protection norms showing a mechanism aimed at the possible improvement of universal norms on the basis of the regional experience, and draws a conclusion concerning close interdependence of these norms thus ensuring the general picture of the wholeness of international law and modifying the understanding of the nature of such a complex phenomenon as the fragmentation.
Key words: fragmentation of international law, property right protection, universalism, regionalism, International Covenant on Civil and Political Rights, UN Human Rights Committee
JUBILEE OF THE CHARTER COURT OF SVERDLOVSK OBLAST
Demidov V. N. (Kazan) Constitutional (charter) justice in the subjects of the Russian Federation – the essential ingredient of the legal state
The legal nature of the regional constitutional and statutory justice in the Russian Federation as an institution of the government and mechanism of judicial control is disclosed. The relationship of the constitutional (charter) justice in the subjects of the federation with the principle of the federal structure of the Russian state is considered. The effect of the constitutional (charter) courts decisions on regional legislation and the practical implementation of the provisions of the constitutions and statutes of the subjects of the federation is shown. The positive role of the constitutional (charter) justice in the implementation of the principle of legal state in Russia is substantiated.
Key words: constitutional (charter) courts of the subjects of the Russian Federation, legal state constitutions and statutes, court control, judicial decisions
Kruss V. I. (Tver’) Constitutionalization of justice and constitutional and legal limits of direct democracy in the Russian Federation
From the standpoint of constitutional law understanding the question about the direction of the constitutionalization of the Russian judicial system and just practices in connection with the outlining perspectives of empowerment of special institutions of civil society with correspondent authorities is considered. On the example of the institute of courts of arbitration provision on the inadmissibility of refusal from exclusive prerogatives of the state in this area and the fundamental difference of justice from the subsidiary jurisdictions is substantiated.
Key words: constitutionalization, justice, constitutional justice, courts of arbitration
Nevinskiy V. V. (Barnaul) Nature and development of the federal constitutional justice in Russia
From state-legal positions the nature of the constitutional justice, the main features of some of the key changes and ways to overcome the problems in the functioning of the Constitutional Court of the Russian Federation are investigated.
Key words: Constitutional Court of the RF, proceedings, nature, development
ROUND TABLE «THE RUSSIAN STATE IN THEORETICAL AND HISTORICAL DIMENSION»
Belkanov E. A. (Yekaterinburg) On the concept of «statehood»
The author analyzes the approaches to the concept of «statehood» in the modern domestic and foreign jurisprudence. Identifies the main issues in determining the content of the definition considered.
Key words: statehood, state, state functional purpose
Nehaychik V. K. (Surgut) Law enforcement function of modern Russian state: problems of realization and legal regulation
The problem of administrative reform in law enforcement authorities and the revision of views on the law enforcement function of the modern Russian state are considered. The question about the human rights function and its realization by legal forms of law enforcement and other activities of the executive power authorities is raised.
Key words: human rights, law enforcement and police functions, activities, service
Krasnyakov N. I. (Novosibirsk) Key features of the political and legal nature of regional governance in the Russian Empire (XVIII - beginning of XX century).
The author examines the features of building a system of political and legal relations of the imperial center and the national borderlands of Russia, focuses attention on the factors and principles of the organization of the regional government in the Russian Empire.
Key words: Russian statehood, Russian Empire, regional government
Medvedev V. V. (Moscow) Serfdom as an institute of police state
The paper shows the role and place of serfdom as one of the most important legal institutions of the police state in Russia. The problems of its using by the supreme state power in law enforcement are considered.
Key words: police state, public good, regular state, subject of the linear power policing, police law
THEORY OF LAW AND STATE
Semyakin M. N. (Yekaterinburg) Philosophy of private law in metaphysics of Immanuel Kant and its impact on the private law doctrine
Philosophical method of knowledge of private law used by Kant in order to identify its nature, philosophical foundations, interactions with other phenomena of social reality, value properties of private law is considered. The impact of this method on the modern private law doctrine is shown.
Key words: Kant's philosophical method, private law concept of Kant's philosophy, private law, private property, ownership, possession, ways of property acquiring
COMPARATIVE JURISPRUDENCE
Andreeva I. A. (Omsk) Law About the National Gendarmerie of France from August 3, 2009: a new milestone in the history of police in France
The development of the coordination of the National Police and the Gendarmerie Nationale of France that have been updated in the last decade due to the formation and development of modern French policy in the field of internal security is considered. The Law About the National Gendarmerie of France from August 3, 2009, which organizationally subordinated French gendarmerie to Ministry of Interior.
Key words: police system of France, gendarmerie, police activity
Kuznetsova S. S. (Yekaterinburg) Asymmetry of the constitutional and legal status of India States
The article deals with the problem of asymmetry of constitutional and legal status of the states in India. The author pays particular attention to the constitutional and legal status of Jammu and Kashmir and the north-eastern states of India, affecting the equality of states. The study is based on the legal acts of the Indian Union, which govern the application of the Constitution of India in respect of the above states.
Key words: Indian federalism, asymmetry of the constitutional and legal status of the state of Jammu and Kashmir, the north-eastern states of India
CONSTITUTIONAL LAW AND PROCEDURE
Vakhrameev R. G. (Yekaterinburg) Legislation on the constitutional right to information in the legislation of the Russian Federation
The article deals with the legislative regulation of the constitutional right to information at the national and international law. The most significant problems in the regulation of the right, and the trends emerging in recent years in the field of rule-making and law enforcement are presented.
Key words: right to information, legislation, implementation of right, warranty of information provision, problems of law implementation, content of the right to information, protection of the right to information, inalienable rights of man
CRIMINAL LAW AND PROCEDURE
Silaev S. A. (Kemerovo) To the question of the ending of continuous crime
The problems connected with the moment of ending of continuous crimes are considered. With regard for general theory of law provisions detailed classification of the circumstances that determine the actual completion of such crimes, which are not traditionally considered to be coincident with their legal ending is offered. The guidance explanations of the Plenum of the Supreme Court on the application of the rules on continuous crimes towards evade of military and alternative civilian service are subjected to critical analysis. Also the author addresses some controversial issues relating to exemption from criminal liability of persons who have committed continuous crimes.
Key words: continuous crimes, criminal state, time of crime commitment, legal ending of a crime, actual ending of a crime, exemption from criminal liability
CIVIL LAW AND PROCEDURE
Abushenko D. B. (Yekaterinburg) Issues of systemic impact of material law on civilistic procedure
The article is devoted to the problems of systemic impact of material law on civilistic procedure. The author notes that this influence is evident in the basis for the empowerment of persons by status of certain persons involved in the case, the material legal features are used in the determination of the competent court. Estimation and other aspects of the manifestation of material law in civil and arbitration proceedings. The opposite situation is also considered: the impact of court decisions on material legal relationship.
Key words: material law, civil procedure, systemic impact
LEGAL ASPECTS OF ECOLOGY
Puryaeva A. Yu. (Kazan) History of the special forest management authorities from the Russian Empire to the Russian Federation
The history of the state forest management is described. The author analyzes the main legal acts regulating the formation and reformation of special forest authorities in Russia from the middle of the XVIII century to our time.
Key words: state forest management, forest, special authorities, reform
PAGES OF HISTORY
Glinnikova S. V. (Moscow) S. A. Muromtsev in the Moscow Law Society
The article describes the activities of S. A. Muromtsev as a member and chairman of the Moscow Law Society.
Key words: S. A. Muromtsev, Moscow Law Society, the First State Duma
YOUR LIBRARY
Koistinen Y. (Finland) Review of the book.: Detkov A. P. Theoretical and methodological problems of penitentiary conflictology: criminal legal and criminal executive aspects: Monograph. – Yekaterinburg: Izdatel'skij dom «Ural'skaya gosudarstvennaya yuridicheskaya akademiya», 2011. – 356 p.
MUSEUM OF SLI-USLA HISTORY
Documents and comments to them (prepared by N. N. Zipunnikova, Yekaterinburg)