Annotations № 4 / 2016


Perevalov V. D. (Yekaterinburg, Urals State Law University, e-mail: Euro-Asian Law Congress: results and prospects

The article provides an overview of the 10-year work of the Euro-Asian Law Congress. The Congress expert groups have achieved significant scientific gains, made regulatory and law enforcement proposals; some of them are described in the article. The author marks the most topical directions of the Congress, such as law and current IT-technologies, improvements of international law and organizational structures of the international community, legal maintenance of mutually beneficial economic cooperation, law and environment, role and importance of legal science and education in the modern world.

Key words: European-Asian Law Congress, sessions, results, prospects

Bezborodov Yu. S. (Yekaterinburg, Urals State Law University, e-mail: Towards international legal convergence through universalization and fragmentation

There is an analysis of international legal convergence with respect to its subprocesses – universalization and fragmentation. It’s stated that international law universalizes national legal regulators, and fragmentation or regionalization only encourage, reinforce this effect. International legal convergence is defined as a global convergence of national legal systems by using special legal means.

Key words: international law, convergence, universalization, fragmentation

Udartsev S. F. (Astana, Kazakhstan, Kazakh Humanities and Law Institute, e-mail: The economic crisis and the protection of social and economic rights of citizens: international experiences

The author reviews the work of constitutional control bodies of some of the CIS countries and the European Union from the end of the 20th till the beginning of the 21th century. He examines the admissible limits, conditions and forms of the constraints of social and economic constitutional rights funding in the conditions of economic crises. It is noted that the reduction of public spending on social protection should be proportional, warranted by emergency, conducted in parallel with the reduction of other budget lines, including funding of the state apparatus, courts of justice, etc., it does not exempt the state from its liability towards its citizens, in particular from subsequent compensations.

Key words: state, constitution, legal policy, human rights, constitutional control, economic crisis, state budget, pensions, scholarships, social grants, range of social and economic rights restrictions, proportionality, compensation

Novikova N. V. (Perm, Perm State Humanitarian Pedagogical University, e-mail: The state educational policy and its influence on labour law functions

By analyzing Russian government programmes for the development of education and social and economic development up to the year 2020, the author investigates the interrelation of educational policy tasks and labour law functions. The article emphasizes that labour legislation doesn’t always address the current system of education and further professional training, and doesn’t fully correlate with educational legislation. Therefore, there is a new task of labour law – seeking new ways of encouraging employees to professional growth, and of promoting employers to invest more in education.

Key words: educational policy, labour law functions, correlation of right to labour and right to education, employer requests for staff training


Kokotov A. N. (St. Petersburg, Constitutional Court of the Russian Federation, e-mail: Time as a subject of legal regulation

The article gives a notion of time as of a natural (physical) phenomenon, and the methods of its calculation. The place of time factor in legal regulation is revealed. The article shows the difference between the rules of time calculation, which set a primary system of time parameters in society, and the rules that perpetuate secondary temporal parameters such as duration, dating, recurrence, simultaneity or diversity, synchrony or asynchrony, consistency or inconsistency. In author’s opinion, it’s reasonable to allocate the right of time calculation in national law as an interdisciplinary institute formed around constitutional norms and rules of constitutional value. Among the last, there are the rules establishing the national calendar and the national time scale.

Key words: time, calculation of time, calendar, time scale, general legal regulators, law of the constitution

Gorelova O. A. (Orlov, State University – Educational Research and Production, e-mail: The judge’s term of office in ensuring his independence

The article presents some theoretical aspects of irremovability of judges (in particular justices of the peace) in Russia on the example of the Orel region. The main positions of the RF Constitutional Court on this subject are considered.

Key words: irremovability, immunity of judges, termination of office of judges, justice


Kostogryzov P. I. (Yekaterinburg, Ural Branch of the Russian Academy of Sciences e-mail: The peasant patrols as community justice institutions in Peru

The article deals with the origins and legal recognition of the rondas campesinas (peasant patrols) that are community justice and community police institutions in Peru. They evolved spontaneously as a response of population to an increased number of crimes and omissions of public authorities, and have gradually developed into an instrument for alternate dispute resolution and protection of right and interests of peasants and indigenous peoples as well. Also they played an important role in confronting the «Sendero Luminoso» guerrilla. The legal nature of the peasant patrols, their importance for fighting crime and their place in Peruvian legal system are analyzed in terms of legal anthropology. Their status under the Peruvian Constitution and national laws is characterized.

Key words: legal pluralism, community, community justice, customary law, Peru, peasant patrols

Bychkova K. M. (Moscow, National Research University «Higher School of Economics», e-mail: Nullity of acts accomplished during the suspect period under the French and Russian law

Concealment or withdrawal of assets on the threshold of insolvency usually leads to the reduction of insolvency estate or to the breach of fair satisfaction rule. This is one of the key factors to increase a number of proceedings terminated by the debtor’s liquidation. The institution of nullity of acts accomplished during the suspect period is dedicated to prevent the negative consequences of these actions. There is a review of the main rules of the French law concerning the recognition of acts as invalid during the insolvency procedures. In particular, the author describes an order for determination of the suspect period, types of invalid acts, procedures and requirements for recognizing them as invalid. At the same time, she marks out the similar Russian institutions and defines their efficiency and applicability in comparison with French ones.

Key words: bankruptcy proceedings, distribution priorities, French law, nullity, suspect period


Nazzaro U. (Naples, Italy, University of Naples «Federico II», e-mail: Against the «international terrorism»

The author asserts that nowadays the fight against the «international terrorism» became a pretentious source of legitimacy of a «perpetual global war» for the geopolitical primacy. He describes the current worldwide scene characterized by the neo-liberal logics of the third big wave of globalization, the hegemony of the economic over the social and the political system, and the crisis of the constitutional democracies. The United States’ answer to the Twin Towers of New York attacks is based on unilateralism, and there are two levels, through which the American reaction to these events is expressed: the preventive war and the emergency legislation. Using the example of Italy, the author shows how the national legislation adapts to the deep changes in matter of «international security» in Europe. Besides that, he speculates about the difficulties in defining an uncertain notion of «terrorism».

Key words: terrorism, globalization, USA, United Nations, European Union, antiterrorist legislation

Ispolinov A. S. (Moscow, Lomonosov Moscow State University, e-mail: The first judgment of the Court of the Eurasian Economic Union: a revision of legacy and a temptation challenge

The author critically assesses the first judgment of the Court of the Eurasian Economic Union (EAEU) on the Tarasik case concerning the omission of the Eurasian Commission. An approach chosen by the EAEU Court is compared with approaches used by the Court of Justice of the European Union and the Court of the Eurasian Economic Community in similar cases. The author argues that the judgment of the EAEU Court and its arguments seem to be more realistic than the extremely tough and rigid position of the Court of the Eurasian Community. Actually, the EAEU Court’s approach is more in line with a required level of cooperation between the Court and the Commission that aim at setting a control over the EAEU members’ commitments.

Key words: Court of the Eurasian Union, omission, Tarasik case, Eurasian Commission

Kozheurov Ya. S. (Moscow, Kutafin Moscow State Law University, e-mail: The institutions of international justice and the law of the Eurasian Economic Union: «a review of the legal forces»

The establishment of international courts, which main purpose is to contribute to the formation, uniform application and protection of the regional integration laws, allowed a rapid quantitative and qualitative growth of the international justice institutions at the end of the 20th – the beginning of the 21th centuries. Today there are more than a dozen international courts, and each of them claims, to some extent, to be an exclusive keeper of the community laws. The Court of EAEU is not an exception. However, other institutions of international justice will not stand aside from the integration process in Eurasia. First, it remains unclear whether the EAEU member states may bring their disputes concerning the obligations under the EAEU Law to other international judicial institutions since there are no explicit provisions on this matter in the EAEU Treaty. In fact, the EAEU Court doesn’t have a priori a status of a supreme keeper of the EAEU legal order, and it should only deserve it by issuing credible decisions, striking balance between politics, economics and law, initiating a mutually beneficial dialog with the EAEU institutions, state members and national courts, and, little by little, it will gain their respect. Second, the EAEU legal order does not exist in a vacuum, but is doomed to interact with other international legal subsystems – first of all, with the multilateral trading system, international investment law and human rights law. According to the author, the WTO Dispute Settlement Body will easily establish its jurisdiction in cases concerning the implementation of the EAEU actions and decisions, thereby playing an important role in the Eurasian integration. The same is true for international investment arbitrations. Besides that, complaints related to the EAEU law are very likely to be filed to the ECtHR. And there is little doubt that the EAEU dispute settlement mechanism will not be considered «equivalent» to the European standards of a fair trial; it will therefore provide an opportunity for the ECtHR to set its indirect control over EAEU actions and decisions. So, all EAEU members, including non-members of the Council of Europe, have to anticipate it.

Key words: Eurasian Economic Union, international justice, international integration, World Trade Organization, European Court of Human Rights, resolution of international disputes, EAEU Court, integration processes, integration unions, multilateral trading system, protection of human rights, international legal protection of investments


Kozachenko I. Ya. (Yekaterinburg, Urals State Law University, e-mail: Can you correct someone incorrigible?

According to the author, there is a sort of «relationship» between functions and objectives of criminology, criminal law and penitentiary law. He argues that such aim as «correction of convicts» should be excluded from penitentiary law due to its inaccessibility.

Key words: functions of law, aims of law, criminology, correction of convicts, criminal law, penitentiary law

Barabash A. S. (Krasnoyarsk, Siberian Federal University, e-mail: The grounds for imposing detention, house arrest or bail and their proving

Three measures of restraint such as detention, house arrest and bail are studied together not only because all of them significantly restrict the constitutional rights, but also because detention can be imposed where there is no possibility of applying another, milder measure of restraint – house arrest or bail. Statistics shows that detention is the most popular measure of restraint. But this doesn’t indicate that house arrest and bail are not efficient. The reason is that the most practitioners (and scientists as well) don’t even know what are the grounds for imposing these measures of restraint and how to prove them. So, the author makes an effort to fill these gaps by using the dialectic and formal logical methods. This is the first part of his investigation where the author reveals the grounds for imposing detention and the scheme of their proving.

Key words: detention, bail, ground of imposing, scheme of proving the ground

Arkhengolts I. A. (Yekaterinburg, Urals State Law University, e-mail: Conviction under the Penal Code of 1903 and the Criminal Code of 1996: a comparative analysis

The article describes the origins of the conviction institution in Russia. It examines the consequences of a criminal record specified in the Penal Code of 1903. There is also a comparative analysis of conviction rules enshrined in the Penal Code of 1903 and the RF Criminal Code of 1996.

Key words: conviction, criminal liability, criminal penalty, Penal Code of 1903


Chermyaninov D. V. (Yekaterinburg, Urals State Law University, e-mail:, Kurmaev A. Eh. (Yekaterinburg, Ural Operational Customs, e-mail: On some issues of administrative proceedings in custom affairs

The article considers the problems of bringing individuals and legal entities to administrative proceedings for committing offences specified in pp. 1 and 2 Art. 16.2 of the Administrative Offences Code of the Russian Federation. The author also explores the implementation of procedural rules provided by the Russian legislation and proposes means to address current challenges.

Key words: administrative offence, customs law, penalty, failure to declare, proper notice, Administrative Offences Code of the Russian Federation


Tasalov Ph. A. (Moscow, practicing lawyer, e-mail: Unjust enrichment in public procurement

The article is dedicated to the application of unjust enrichment rules in government and municipal procurement. The difficulties faced in litigation between public bodies and economic operators are caused by necessity of courts to qualify the actual actions of operators in terms of bona fides. The author demonstrates that there are no grounds to set a limit on applying unjust enrichment rules by using the «evasion of law» construction.

Key words: unjust enrichment, contractual system in public procurement, evasion of law

Kukleva E. A. (Kiev, Ukraine, Taras Shevchenko National University of Kyiv, e-mail: A pre-contractual obligation to disclose information and responsibility for its violation: a comparative legal analysis

The article provides a comparative overview of the legal regulation of an obligation to disclose information at the pre-contractual stage. In particular, the norms of English, German and French laws are described and compared with the provisions of the Principles, Definitions and Model Rules of European Private Law known as the Draft Common Frame of Reference (DCFR). It’s stated that the national regulation of pre-contractual relations, especially in terms of the obligation to disclose information, varies significantly. However, these differences seem to be less noticeable if we apply the functional approach that inspired the unification of private law in Europe.

Key words: pre-contractual obligations, obligation to disclose information, good faith, misrepresentation, Draft Common Frame of Reference (DCFR)

Mikhaylov R. B. (Voronezh, Voronezh Institute of Economics and Law, e-mail: On the ways of using a result of intellectual activity in innovative practices

The author turns to the question of what elements constitute the exclusive right to a result of intellectual activity and a mean of differentiation. A several ways of using an object of innovative activity are revealed. The author argues that the legal basis for these ways includes not only a treaty on alienation of the exclusive right and license agreement presented in Part 4 of the RF Civil Code.

Key words: results of intellectual activity, right to dispose, right to use, ways of using a result of intellectual activity


Mazhorina M. V. (Moscow, Kutafin Moscow State Law University, e-mail: International transactions with offshore companies: who is authorized to sign a contract?

In modern Russian legal practices, there are frequent cases regarding the recognition of international transactions with offshore companies as invalid on the grounds of «flaw in the will». The proper resolution of such disputes requires the use of means of private international law. The author analyzes the current Russian judicial practice and makes recommendations for mitigating the risk of transactions which validity may be challenged due to the lack of relevant authorities of the offshore company body.

Key words: private international law, offshore companies, international transactions, board of directors, director of the company, invalidity of transaction


Zaitseva L. V. (Tyumen, Tyumen State University, e-mail: The development of labour intermediation in Russia

Intermediation as a part of the employment process developed in a similar way and according to a same logic in different countries. The history of non-commercial and commercial labour intermediation had a significant impact on the current legal regulation of employment relations. The regulation of public and private employment services in Russia is constantly changing and improving. Thus, it is important to find out whether the norms of the Russian labour legislation correspond to international labour law. The article emphasized that the Russian legislator should take into account the experience of other countries in regulating intermediation in the labour market. Historical and comparative-legal studies of labour intermediation bring out the general trends of its development and the problems of its legal regulation common to many countries; they also give answers to a number of questions not resolved in selected countries, including Russia Federation.

Key words: employment, labour intermediation, public and private employment agencies

Farafontova E. L. (Krasnoyarsk, Siberian State Aerospace University, e-mail: The challenges of implementation of employee’s rights during the conclusion of an employment contract in the context of legislation changes

The article deals with the issues of ensuring the right to work that might be violated during the conclusion of an employment contract. The recent amendments made to Art. 64 of the RF Labour Code are analyzed.

Key words: guarantees, employee, employer, denial of an employment contract


Levitan K. M. (Yekaterinburg, Urals State Law University, e-mail: Professional culture of legal communication

The article discusses the major means and criteria of successful professional communication in the legal sphere. The structure of a lawyer’s professional verbal personality and the peculiarities of cross-cultural legal communication are analyzed.

Key words: professional culture of legal communication, lawyer’s professional verbal personality, communicative culture, cross-cultural legal communication


Smirnov V. N. (Yekaterinburg, Urals State Law University, e-mail: Russian advocacy on the way towards its self-determination (1985–2003)

The USSR public legal and socio-economic foundations had been shattered since 1985 (the beginning of the Gorbachev’s perestroika). Advocacy was gradually getting rid of dictates of the Ministry of Justice. The associations of advocates of the USSR and Russian were formed. The Ministry of Justice, for its part, initiated an effort to encourage the parallel advocacy that was commercially oriented. The possible ways of advocacy reforming had been discussed for more than ten years. The Sverdlovsk Regional Assembly of Advocates proposed a draft law that according to the specialized State Duma Committee formed a conceptual framework of the Federal Law of 31 May 2002 № 63-FZ «On Advocacy in the Russian Federation». These and other legal-historical facts are revealed in the article, the final one in the series of author’s materials related to the advocacy institution.

Key words: M. S. Gorbachev, perestroika, XIX All-Union Party Conference, Association of Advocates, alternative, parallel assembly of advocates, reforms of advocacy


Zipunnikova N. N. (Yekaterinburg, Urals State Law University, e-mail: On the 80th anniversary of the State and Law History Chair of the SLI – USLA – USLU: the pioneering days (Part 1. The first head of the Chair – Professor S. V. Yushkov)