Annotations № 1 / 2014
PUBLIC ISSUES AND POLITICAL SCIENCE
Bevelikova N. M. (Moscow, Institute of Legislation and Comparative Law under the Government of the Russian Federation, e-mail: bevnelli@yandex.ru) Development of integration processes in Asia: the legal approach
The main trends and factors influencing the process of integration of East Asia states are analyzed. The author examines the current state and prospects for the next legal integration within ASEAN, APEC, SCO. A legal analysis of regionalization in East Asia is conducted and its importance for Russia’s strategic interests in the Asia- Pacific region is revealed.
Key words: Asia-Pacific region, regional integration, East Asia, China, free trade zones
Evstifeev D. M. (Yekaterinburg, Urals State Law Academy, e-mail: pp3261@yandex.ru) The method of constitutional-legal regulation of public relations
The method of constitutional-legal regulation of public relations as a set of techniques of legal impact on the public relations that is the subject of constitutional law branch is examined. The author offers to consider a dual nature of constitutional law, its perceiving as a universal and customary branches of law in order to choose special techniques of legal impact suitable for a certain situation within constitutional law. In addition, it is recommended to consider the method of the Constitution as a part of the method of constitutional-legal regulation. The method of the Constitution also includes a set of special techniques of constitutional norms’ legal impact on regulated public relations, legislation system and other areas of law.
Key words: constitutional-legal method, method of constitutional-legal regulation, method of the Constitution, constitutional law, dual nature of constitutional law, public relations
COMPARATIVE JURISPRUDENCE
Belikova K. M. (Moscow, Peoples’ Friendship University of Russia, e-mail: BelikovaKsenia@yandex.ru) Legal acts on the protection of the competitive environment of NAFTA countries: past and present
The author considers the main approaches to the design of competition protective and supporting mechanisms based on antimonopoly (antitrust) laws and on other acts that form a «skeleton» of the protective mechanism used for preventing distortions of competition in the North American Free Trade Agreement (NAFTA).
Key words: NAFTA, the United States, Canada, Mexico, protecting and promoting of competition, antimonopoly laws, antitrust legislation
Brigadin I. I. (Voronezh, Voronezh State University, e-mail: ivanbrigadin87@yandex.ru) The correlation of international and domestic law: the Spanish experience
The author examines development of Spanish legislation concerning the correlation of international and national law, and the conceptual issues of international law science in Spain. Particular attention is given to a publication of international treaties and defining their the place in the legal system of Spain.
Key words: correlation of international and national law, theory of international law, the law of Spain, publication of international treaties, legal system in Spain
Kuznetsova S. S. (Yekaterinburg, Urals State Law Academy, e-mail: kp@usla.ru) Peculiarities of delimitation of competencies in the Indian Union: general principles and problems of enforcement
The article is devoted to the procedure and general principles of delimitation of competencies in the Indian Union and analyses existing gaps in the constitutional regulation. The author refers to practice of the Supreme Court of the Indian Union, where some problems of enforcement concerning delimitation of competencies and powers of the public authorities are resolved.
Key words: Indian Union, federal structure, competencies, centralized state, foreign economic relations
INTERNATIONAL LAW
Tolstykh V. L. (Novosibirsk, Novosibirsk State University, e-mail: vlt73@mail.ru) Events in Ukraine and Western countries’ reaction: an attempt to international legal analysis
The article contains a legal analysis of confrontation of the Ukrainian authorities and supporters of European integration in late November early December 2013. A forceful dispersal of demonstrators and a response of Western countries to it are considered from the standpoint of the principle of proportionality. An attempt to determine a nature of non-military intervention in internal affairs is made. The author touches upon the issue of abuse of rights in the public sphere.
Key words: international law, human rights, freedom of assembly, principle of non-interference in internal affairs, principle of proportionality
ELECTION LAW AND PROCEDURE
Problems of reflecting the Constitution of the Russian Federation in the implementation mechanism of electoral legislation of Russia (to the 20th anniversary of the Constitution of the RF): conversation of professor E. S. Yusubov (Tomsk, Electoral Commission of Tomsk oblast, e-mail: Usubov@tomsk.gov.ru) and A. V. Bezrukov (Krasnoyarsk, Sibirean Federal University, e-mail: abezrukov@bk.ru)
Scientists-constitutionalists discuss the problems of current constitutional development, analyse the mechanism of implementation of the Constitution of the Russian Federation in the provisions of electoral legislation and practice of electoral relationships, find out and assess the main stages of reforming electoral legislation, highlight the practice of electoral campaigns in some regions.
Key words: Constitution of the Russian Federation, elections, election legislation, reform of the electoral system
CRIMINAL LAW AND PROCEDURE
Vinokurov V. N. (Krasnoyarsk, Sibirean Law Institute of FSCN of Russia, e-mail: VinokurSiblaw@mail.ru) The classification of relations as objects of crime and application of criminal law
The author examines the types of social relations as objects of crime: protected and defending, and asserts that such classification has not only theoretical (allows to prove the place of norms in the system of the Special Part of the Criminal Code of the RF), but also practical importance: it has an effect on determining the end of the crime, its consequences and qualifactory signs.
Key words: object, damage, consequences, official position, end of the crime
Schelkonogova E. V. (Yekaterinburg, Urals State Law Academy, e-mail: shelkonogova-ele@mail.ru) Development prospects of the institute of circumstances precluding criminality
The article reviews some topical issues on the institution of circumstances precluding criminality. In particular, the problematic aspects of characterizing the legal nature of these circumstances, its systemic signs, as well as different points of view on inter-branch character of this institution are revealed.
Key words: institute of circumstances precluding criminality, inter-branch institute, institute of crime, compromise norms, social value of legal norms
Smirnov A. M. (Moscow, Scientific Research Institute of the FPS of Russia, e-mail: niifsin_smirnov@mail.ru) A non-judicial mechanism of protecting individual rights and freedoms: criminal-legal characteristic
Although there is a principle of implementation of justice only by court in Russia national criminal legislation contains a number of norms that allow citizens to defend their rights and freedoms from various offenses, including crimes. An analysis and systematization of these norms can prove the existence of non-judicial mechanism of protecting by Russian citizens their legal status. This paper is devoted to criminal-legal characterization of the structure of this mechanism.
Key words: criminal responsibility, non-judicial mechanism of protecting human rights and freedoms, lynching, impunity
QUESTIONS OF INVESTIGATION AND OPERATIVE-RESEARCH ACTIVITY
Stepanov M. E. (Khabarovsk, Far Eastern Institute of MIA of Russia, e-mail: mstep71@mail.ru) Peculiarities of identifying the hidden by staged incidents murders committed by organized criminal groups
The problems of identifying and disclosing the hidden by staged incidents murders committed by organized criminal groups as the most difficult recognizable manifestations of criminal activity are considered. The criminalistic nature of frame-up and negative circumstances is investigated. On the basis of analyzing the mechanism of committing such crimes an algorithm of actions for their detecting is proposed.
Key words: murder, organized criminal group, frame-up, negative circumstances, operational-tactical combination
ADMINSTRATIVE LAW AND PROCEDURE
Morozova N. A. (Krasnoyarsk, Sibirean Federal University, e-mail: nastaly@narod.ru) On the feasibility of bringing to administrative responsibility of state and local authorities
The problematic issues of bringing the collective entities to administrative responsibility are examined. Contradictions of legislative model of public legal responsibility of state and local authorities are marked. The author argues that bringing to administrative responsibility of employees will promote more effective strengthening of law order and securing of their legitimate activity than bringing to administrative responsibility of the governing institutions where they work.
Key words: administrative responsibility, state authorities, local authorities
CIVIL LAW AND PROCEDURE
Mikryukov V. A. (Moscow, Moscow State Law University, e-mail: VMikryukov@yandex.ru) Encumbrances on real property under rent contract
The author analyses some disputable issues on a nature and limits of encumbrances on the right of rent payers under rent contracts regulating the transfer of rental property. The ways to improve the current legislation in order to strengthen the guarantees of the lessor, with the sufficient freedom of rental property use and the necessity of balanced approach to the interests of rent payers being retained, are suggested.
Key words: real property, rent contract, encumbrance under rent contract, subsidiary liability, encumbrance to pay rent
Kulinich O. P. (Kiev, Ukraine, National University of Bioresources and Nature Management of Ukraine, e-mail: l.kylinich@gmail.com) Protecting owner’s rights to a land plot from violations not related to deprivation of ownership by negatory claim
Protecting private property rights to a land plot is examined. It is proved that criterion of separating the scope of negatory and vindication claims is the fullness of actual ownership of a land plot. Requirements that are the subject of negatory claim as a source of protecting private property rights to land are allocated.
Key words: land, private property right, violation, negatory-legal protection
Reshetnyak V. I. (Rostov-on-Don, Rostov branch of the Russian Academy of Justice, e-mail: resh42@yandex.ru) Electronic judicial notice in civil proceedings (Russian and foreign experience)
The information support of civil proceedings is examined. The author analyzes foreign experience and Russian legislation, offers solutions of the problems concerning the notification of parties to the case, and other participants of the process by means of telecommunication.
Key words: civil procedure, arbitration procedure, information technology, judicial notice
ECONOMICS AND LAW
Semenchuk V. V. (Khabarovsk, Far Eastern Institute of MIA of Russia, e-mail: semenchuk_ord@mail.ru) Prejudice and illegal VAT refunds from the budget
A nature of a new Russian legislation institute of interdisciplinary prejudice is revealed. The problems arised from the application of arbitration acts in criminal proceedings are considered on the basis of materials related to the illegal VAT refunds from the budget. The author offers some ways to overcome the prejudice of arbitration acts.
Key words: prejudice, arbitration procedure, illegal VAT refunds from the budget, results of operative-research activity
LABOUR AND SOCIAL LAW
Mamedova A. T. (Astana, Kazakhstan, Eurasian National University, e-mail: kafedra-gpitp@yandex.kz) Abuse of labour rights: problems of theory and practice
The author shows the possibility of abuse of rights in labour relations with certain examples of judicial practice. There is no rule prohibiting abuse of rights in labour legislation of the Republic of Kazakhstan, that causes a broad judicial discretion. The author argues that the main characteristic of the «abuse of rights» category is its moral and ethical aspect. A thinking activity of judges assessing the evidentiary basis in awarding judgement has a great value.
Key words: abuse of rights, labor relations, fixed-term contract, enforced absence, dismissal, employee
Trofimova G. A. (Irkutsk, East Siberian branch of the Russian Academy of Justice, e-mail: Trofimova_Galy@mail.ru) The right to work in the norms of the Labour Code of the Russian Federation: the limited warranty
A decade of practice of the Labour Code application in Russia revealed many gaps in the regulation of labor relations, that identify, despite the detaling of some provisions, a lack of guarantees for the most significant of all labor rights – the right to work. The main parameters of this right are described in the Constitution of the Russian Federation. The author analyzes conditions for realization of this right under the Labour Code.
Key words: right to work, labor relations, Labor Code of the RF, constitutional rights and freedoms, responsibility, guarantees, labour contract
SPECIAL CASES
Osintsev D. V. (Yekaterinburg, Urals State Law Academy, e-mail: tipu@list.ru) The qualification of «income» in the Russian anti-corruption legislation
The author considers the questions that cause various interpretations and accusatory grade in examining requirements of bringing to justice state and municipal employees, who failed to provide or provided inaccurate information about the proceeds from the sale of their property. Getting money in such transactions is often defined as income, although there is no benefit for the seller, the mere fact of receipt of funds can not be classified as a revenue.
Key words: fight against corruption, income of state employees, conflict of interest, responsibility for corruption
EXPERTISE
Mamurkov V. A. (Yekaterinburg, Urals State Law Academy, e-mail: crim.usla@bk.ru) The fundamentals of identification tasks solutions in criminalistics gomobioskopia
The article deals with the problems of criminalistics identification, theoretical and practical aspects of identifying the whole by its parts, including the issues of individual identity. Stages of identification and specificity of its implementation towards individual objects, especially for biological, including humans are revealed. The author shares the opinion of some researchers about the need to consider the identified objects as complete systems and to establish integrative links between the elements of the object.
Key words: criminalistics identification, biological objects, establishment of the whole by its parts
PAGES OF HISTORY
Filimonova I. V. (Pyatigorsk, Pyatigorsk State Linguistic University, e-mail: ifilim@yandex.ru) Legal fictions in medieval English law
Legal fictions in medieval English law are studied. Historical background helps to understand better the legal fiction as such and to identify the features of English medieval legal fictions. The author concludes that it is a very useful tool of legal technique, which is still important as it promotes the evolution of law.
Key words: legal fiction, jurisdictional fiction, common law, right of justice, judicial precedent
CHRONICLE
The correlation of international and national law: theory and practice
A brief review and theses of some papers presented on the conference devoted to the correlation of international and national law, passed in late November, 2013 in USLA are given.
Key words: international law, national law, correlation, conference
Valeev R. M. (Kazan, Kazan (Volga) Federal University, e-mail: Revol-Valeev@yandex.ru) On the role of professor G. V. Ignatenko in forming the Kazan school of international law
Kodan S. V. (Yekaterinburg, Urals State Law Academy, e-mail: tgp@usla.ru) A study of the interaction of national and international law in the Russian Empire in the context of a national historical-legal science evolution
Ispolinov A. S. (Moscow, Moscow State University, e-mail: ispolin@lexinvest.ru) A status of international treaties in the national law: some theoretical and practical aspects
Keshner M. V. (Kazan, Kazan (Volga) Federal University, e-mail: mvkeshner@rambler.ru) The correlation of international and national law in the implementation of international sanctions
Glazyrin V. A. (Yekaterinburg, Urals State Law Academy, e-mail: phil@usla.ru) What is the fairest law of all?
LEGAL HERITAGE OF RUSSIA
Russian jurists on the interaction of national and international law
YOUR LIBRARY
Review of the book: Gubareva A. V., Slivkin I. V. Consequences of Russia’s WTO accession: legal regulation of foreign trade: monograph. – Yekaterinburg: Publishing House of USLA, 2013. –192 p.