Annotations № 4 / 2013

ROUND TABLE «FRAGMENTATION OF INTERNATIONAL LAW»

Korotkiy T. R. (Odessa, Ukraine) Fragmentation problems in the implementation of international legal norms for the protection of the marine environment

Material and institutional manifestations of the fragmentation of international law protecting the marine environment are considered. The ways of eliminating fragmentation phenomena in international law are suggested.

Key words: fragmentation of international law, international marine law, international environmental law, protection of the marine environment

Zabara I. N. (Kiev, Ukraine) On the question of directions of development of the science of international information law

The article is devoted to the study of the development of science international information law. The basic directions of development of modern science are considered, the promising areas are shown.

Key words: information, international information relations, science of international law, international legal regulation

Andrushenko E. A. (Kiev, Ukraine) The concept of autonomy and subsidiarity in the European Court of Human Rights activity

The practical aspects of implementing the concepts of autonomy and subsidiarity in the European Court of Human Rights practice are considered. On the example of some ECHR judgments the development and significance of these concepts for the operation of the court and states are characterized.

Key words: European Court of Human Rights, autonomy, subsidiarity, responsibility of states

Keshner M. V. (Kazan) On the question of the projects of improvement and transformation of international sanctions

The necessity of further reform of international sanctions as a coercive measures applied centrally through the institutional mechanism of international organizations is substantiated. The modification of the sanctions regimes imposed by UN Security Council resolutions, in the framework of the concept of targeted sanctions is analyzed. The key trends of the international legal regulation of international sanctions are identified.

Key words: international sanctions, targeted sanctions, targeting of international sanctions, effectiveness of international sanctions

Mitin A. N. (Yekaterinburg) WTO law in the context of diversification of international law

The brief analysis of WTO law and its impact on the fragmentation (diversification) of international law is given.

Key words: international law, fragmentation of international law, international legal system, law of WTO

Belotskiy S. D. (Kiev, Ukraine) Forming the institutional mechanism for international legal regulation of environmentally oriented (alternative) energy

The article analyzes the international legal foundations of the institutional mechanism of regulation of environmentally oriented energy. Classifications of international organizations that regulate international relations in the field of environmentally oriented energy are proposed. The activity of UN and its organizations, organizations IRENA, of the European Union in this sphere is examined.

Key words: energy, international law, international legal regulation of environmentally oriented energy, law of international organizations, UN, IRENA

Zadorozhnaya S. M. (Chernovtsy, Ukraine) The interaction of the principles of international public and private international law

The interaction of the principles of international law with the principles of private international law is considered, taking into account the unity of the generally recognized principles of law, the issue of international comity, their common source – international treaty, the theory of transnational commercial law. Importance of the principles of private international law in international law is analyzed, the operations of the principles of international law in international private law relations is examined.

Key words: principles of international law, the principles of private international law, generally recognized principles of law, international treaties, international comity, theory of transnational commercial law

JUBILEE OF THE CHARTER COURT OF SVERDLOVSK OBLAST

Zhilin G. A. (Saint-Petersburg)Constitutional proceedings in the subjects of the RF: the main problems

The following thesis is substantiated: the basic problems of regional constitutional court proceedings are related with the lack of constitutional (charter) courts in all regions of the Russian Federation, and this complicates the work of the existing constitutional (charter) courts and leads to differences in the level of judicial protection of fundamental rights and freedoms of citizens on the basis of their place of residence. The lack of political will of the subjects of the Russian Federation is the main reason for the limited distribution of constitutional proceedings.

Key words: constitutional proceedings, constitutional (charter) courts, distribution of powers, the social purpose

Karasev A. T., Savos’kin A. V. (Yekaterinburg) Institute of resort of deputies to the courts of the constitutional justice requires improvement

The possibilities of Federal Assembly parliamentarians and members of other representative bodies to send requests for initiation of proceedings by the Constitutional Court of the Russian Federation and constitutional (charter) courts subjects of the federation in the order of abstract normative control are analyzed. The results of the analysis of the practice of sending requests by deputies to the authorities of the constitutional justice. Objective necessity of granting the deputies of all levels the individual right to direct inquiries to the relevant constitutional (charter) courts is proved.

Key words: right to appeal, deputy, request, constitutional court, the authorized court, abstract normative control

Kozhevnikov O. A. (Yekaterinburg) Normative legal regulation of constitutional justice at the present stage of development of the Russian Federation: problems and solutions

The article investigates the current legal framework of the constitutional justice in Russia. By results of research the author concludes that there are «gaps» in the legislation, especially regarding the constitutional (charter) justice in subjects of the RF. Some ways to improve the normative regalation for the the maximum possible implementation of the constitutional right to judicial protection are suggested.

Key words: law, judiciary, Constitutional Court of the RF, constitutional (charter) courts of the subjects of the RF, legal process, review of judicial decisions, right to judicial protection

Nesmeyanova S. Eh. (Yekaterinburg) Constitutional proceedings: is the level arrangement possible

The development of constitutional judicial control in Russia, the relationship of the Constitutional Court of the RF with the constitutional (charter) courts of subjects and issues of the possible introduction of level arrangement in the constitutional proceedings are considered.

Key words: constitutional justice, Constitutional Court of the RF, the relationship of the Constitutional Court with the constitutional (charter) courts of the subjects, level arrangement

Belykh M. L. (Yekaterinburg) Several issues of using of comparative legal method in activity of bodies of constitutional judicial control

The article reveals the issues of application and use of the experience of foreign countries (legislation, judicial practice, the theoretical sources, etc.) in the exercise of constitutional proceedings, particular attention is paid to the analysis of dissenting opinions and opinions of the judges of the Constitutional Court of the RF through the prism of comparative law approach.

Key words: Constitutional Court of the RF, bodies of constitutional judicial control of foreign countries, comparative approach

ROUND TABLE «THE RUSSIAN STATE IN THEORETICAL AND HISTORICAL DIMENSION»

Sokolova E. S. (Yekaterinburg) The principle of the rule of law in the interpretation of Peter I: the legal basis for modeling «above-class monarchy» in Russia (first quarter of XVIII century).

The author shows the rationale and the manifestation of the principle of legality in the work of Peter I. Attention is focused on the implementation in policy of the Emperor of «public interest», which is often sacrificed as a «particularistic» good, and the idea of the rule of law.

Key words: history of state and law of Russia, statehood, state, legality

Bazhenova T. M. (Yekaterinburg) Advisory bodies in the development of the Russian statehood (XVII - the first quarter of the XIX century)

The author shows the process of the birth of advisory bodies in the formation of statehood in Russia. Attention is given to the practice of creating a bureaucratic advisory bodies in conditions of absolute monarchy. The question of defining the place and role of representative institutions in the constitutional draft of the first quarter of the XIX century is considered.

Key words: history of state and law of Russia, statehood, state, advisory bodies, constitutionalism, constitutional drafts

Shirinkina N. M. (Yekaterinburg) The Basic state laws of the Russian Empire and the legal formalization of the trappings of the Supreme State government and state (1832-1906 yrs)

Fixation in the Basic state laws of the Russian Empire in 1832-1906 yrs the trappings of state power: the title of the head of state, national emblem and seal.

Key words: history of state and law of Russia, organization of state power, autocracy, the Basic Laws of the Russian Empire

Manin V. A. (Surgut) Formation of a special mining administration in the Urals in the history of the Russian statehood in the XVIII century.

The author examines the formation of a special unit of administration in Russia. Foundation of a mining administration in the Urals in the context of solving the problems of mining and metallurgical industry is shown.

Key words: history of state and law of Russia, statehood, state mining administration, mining law

THEORY OF LAW AND STATE

Berg L. N. (Yekaterinburg) Information and psychological aspect of legal influence in scientific activities

The author presents the original concept of the study of information and psychological aspects of legal influence in the field of scientific activities.

Key words: legal policy, information aspect of the legal impact, information and psychological aspect of the legal impact, legal conscience, legal incentives and constraints

Sverguzov D. Sh. (Yekaterinburg) About freedom, justice and law

The article is devoted to the phenomenon of the relationship of freedom to the legal categories of «justice» and «legitimacy». Basis of the act of free will, by which can act both the sense of justice and the requirements of law is considered. Relation between freedom and justice is carried out in the context of several theories of law. The condition of the modern Russian legislation as well as conceptual research of jurists and philosophers in this area are analyzed.

Key words: free will, justice, legitimacy, legislation, ratio, application

Semyakin M. N. (Yekaterinburg) The philosophy of private law in the doctrine of Hegel and its methodological significance for the development of civil doctrine

The article highlights the phenomenon of private law, the development of ideas of private law in the philosophical doctrine of Hegel, the relation of law and statute, philosophy of property and contract, the ideas of will and freedom in private law, as well as the methodological significance of Hegel's method for the modern private law doctrine.

Key words: phenomenon of private law, property, contract, rules of nature and of law, logic of development of idea of law, relationship of law and statut, idea of will and freedom in law

COMPARATIVE JURISPRUDENCE

Kostogryzov P. I. (Yekaterinburg) Legal pluralism in Bolivia: problems and prospects of community justice

The article is devoted to the community justice in Bolivia. The author analyzes the Bolivian experience of legal recognition of justice of the Indian communities, related problems and discussions. The evolution of position of the country authorities in regard to the admissibility of legal pluralism and the development trend of the community justice itself is traced.

Key words: community justice, legal pluralism, customary law, Lynch law

Vintsislavslaya M. V. (Kiev, Ukraine) Issues of enforcement by Ukraine the judgments of the European Court of Human Rights

The article is devoted to enforcement by Ukraine the judgments of the European Court of Human Rights. The reasons of non-enforcement and possible solutions to the problem are analyzed. Problems associated with the payment of just satisfaction, the use of additional individual and general measures are identified.

Key words: European Court of Human Rights, implementation of decision of the national court, enforcement proceedings

Gimgina M. E. (Yekaterinburg) The problem of ensuring constitutional judicial protection of rights and freedoms of man and citizen in the European region

The article is devoted to the constitutional judicial protection of rights and freedoms in the countries of the European region. The author analyzes the constitutions of the states of Europe from the standpoint of securing in them the right of individuals to protect their rights and freedoms by accessing to the constitutional court (the body of constitutional control).

Key words: protection of rights and freedoms, judicial protection, constitutional judicial protection, right to constitutional judicial protection

CRIMINAL LAW AND PROCEDURE

Azaryonok N. V. (Yekaterinburg) Conditionality of competitiveness in the criminal procedure

From the perspective of system analysis the author examines the nature of competitiveness and identifies the factors that determine its content. In the basis of decision of question of criminal procedure competitiveness is the goal of proving the truth. In the domestic criminal procedure it is a material truth, that might be possible only when there are two consequences: the preliminary and judicial. If the first is in the form of search, the second – in compliance with the competitive procedures. Investigative pre-trial proceedings lead to such a construction of the court phase in which the leading role belongs to the judge, because as the guarantor of the legitimacy of one «master» of the case stands the subsequent examination of his work by other sovereign entity with the participation of the parties.

Key words: competitiveness, search, type of criminal procedure, truth, court

Sementsov V. A. Loshkobanova Ya. V. (Krasnodar) Rights of the victim at the conclusion of the pre-trial cooperation agreement

It is proved that the pre-trial cooperation agreement substantially restricts the rights of the victim contrary to international law norms, provisions of the Constitution and general provisions of the criminal procedure law. It is proposed to entrust the prosecuting authorities to take measures on compensation for harm caused by crime, by making appropriate amendments to p. 2 of art. 21 of CCPof the RF; to provide in art. 317.3 of CCP of the RF duty of the investigator to report to the victim on the prosecutor's decision on conclusion of the pre-trial cooperation agreement and indicate the victim in the number of persons entitled to appeal the decision to a higher prosecutor and the court.

Key words: pre-trial cooperation agreement, victim, decision of the prosecutor, right to appeal

Zinchenko V. G. (Yekaterinburg) Additional appeal in the criminal procedure

The article is devoted to the subjects having the right to appeal against court decisions, some of the problems of additional appeal in the criminal procedure and characteristics of the existing judicial practice on this issue. It also discusses issues related to the non-compliance of the appeal with the requirements of criminal procedure law to its content. Decisions taken by the court of first and appellate instances, who found the above non-compliance of the appeal, and the consequences of failure to follow the court directives aimed at eliminating drawbacks are analyzed.

Key words: people who have the right of appeal against court decisions, additional appeal, eliminating the drawbacks of the appeal

QUESTIONS OF INVESTIGATION AND OPERATIVE-RESEARCH ACTIVITY

Baturin S. S. (Khabarovsk) About the basis of operative-research measures realization

The author examines the reasons of operative-research measures and explains their legal features. The proper and uniform regulation of measures realization by law-enforcer is necessary because it will contribute to the observance of constitutional rights of citizens during the ORM.

Key words: operative-research measures, legal basis, essential features

Drapkin L. Ya., Shuklin A. E. (Yekaterinburg) Investigation version – the main type of investigator’s information solutions (some aspects of the theory and practice)

Complex problems of transition from probabilistic knowledge to valid and sufficient knowledge are considered. Heuristic structure of investigative versions is examined. It is proved that the investigation version is a basic kind of information solutions of investigator.

Key words: version, probability, reliability and adequacy of the evidence, information uncertainty, investigative decision

PROCURACY SUPERVISION

Gadiyatova M. V., Slyshkin I. G. (Yekaterinburg) The problems of the effective participation of the prosecutor in the arbitration proceedings

The practical issues of the prosecutor's participation in the arbitration proceedings are highlighted, the most effective methods of judicial protection of state and municipal property by the Russian prosecutor's office are analyzed. The authors draw attention to the issue of challenging by prosecutor the normative and non-normative acts in the sphere of business activity, examine the ways of optimization of the arbitration procedural law in order to protect the public interest.

Key words: prosecutor, arbitration process, protection of property, invalidation, challenging the normative legal acts

ECONOMICS AND LAW

Osintsev D. V. (Yekaterinburg) Protection of state interests in foreign trade: the paradox of the «liberal administration»

The difficulties encountered in the formation of administrative policies and state regulation of foreign trade after Russia’s alignment with the WTO Are considered. The possibility of unilateral replacement of free trade by administrative controls, despite the existing obligations to eliminate tariff and non-tariff barriers, the introduction of measures that are not required by the rules of international trade, leading in fact to monopolization of markets is noted. The author highlights the lack of policy flexibility in rebuilding foreign trade management system according to arising international obligations.

Key words: state regulation of foreign trade, administrative barriers, Russia and the WTO, tariff and non-tariff measures

LIBRARY

Kostogryzova L. Yu. (Yekaterinburg) Review of the book: Ignatenko A. V. Selected works. – M: NORMA, 2013. – 464 p.

MUSEUM OF SLI - USLA HISTORY

Zipunnikova N. N. (Yekaterinburg) Irkutsk (Siberian) Institute of Soviet law: a difficult beginning of a long journey