Vol 4, No 3 (2017)

Articles
Strong State and People’s Will?
Kerimov A.D., Kuksin I.N.
Abstract
The article deals with the problem of correlation between a strong state and universal (people’s) will. The authors answer two fundamental questions: does the will of the people express, and if so, to what extent, a strong state in the person of its authorities? and should it form or contribute to the formation of this will?
Russian Journal of Legal Studies (Moscow). 2017;4(3):9-20
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On the Issue of Economic and Legal Prerequisites for «Сolour Revolutions»
Kolesnikov V.V.
Abstract
The article is devoted to the analysis of economic and legal prerequisites for «colour revolutions». The author shows the connection of such prerequisites with the economic way of life and legal system. The «color revolutions» going strong worsening of the socio-economic contradictions - falling living standards of nationals, the impoverishment of the population, the increasing stratification of wealth, polarization «elit» and «bottom», etc. These processes are usually accompanied by the deepening crisis in the legal sphere, the sphere of legal thinking and legal consciousness of citizens - the behavior is heavily influenced by facts the gap between people’s views on social justice and the realities of life. These determinants, in turn, linked to the poor quality of basic political, legal and economic institutions. The author touches the issue of creating the mechanisms of struggling with «colours revolutions». It is noted that there is a necessity for socio-economic and legal transformation as a guarantee of absence of «colour revolutions» in the future. Besides, the author analyses other prerequisites - active action against the political regime on the part of organized groups which are trained and financed from abroad. The methods of nonviolent protest which often transform into the stage of armed seizure of power are given in the paper. The state must quickly respond and use its legal authority to struggle with these threats.
Russian Journal of Legal Studies (Moscow). 2017;4(3):21-35
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Political and Legal Aspects of Public Management in Crisis - the Global Dimension
Okhotsky E.V.
Abstract
The article examines the legal framework, characteristics and main components of politics and public administration in the context of globalization and the crisis of the negatives of modern Russia, economic, organizational and informational integration frameworks of the state policy in the globalization processes and the practical implementation of anti-crisis state policy and contractional orientation. Analyzes General, special and private in the process of managing anticyclonic specific action based on the opportunities and prospects out of the country on the path of sustainable socio-economic and political development; represented basic components of the mechanism of public crisis management, the most effective forms, methods and means for effective political and managerial activities in crisis and unprecedented external unfriendly to Russia sanctions pressure.
Russian Journal of Legal Studies (Moscow). 2017;4(3):36-48
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The Philosophy of the Criminal Law of the Middle Ages
Bochkarev S.A.
Abstract
The author of the article analyzes in sufficient detail the contribution of medieval thinkers: Aurelius Augustine, Anita Boethius, Anselm of Canterbury, Pierre Abelard, Peter Lombard, Thomas Aquinas, to the philosophy of the criminal law emerging in the Middle Ages, noting that at present this is either not given due importance, or it is significantly underestimated. Many researchers forget that it was in the Middle Ages that European nations began to emerge and that modern states were being formed, and the languages we speak were emerging; to the Middle Ages many of the cultural values that formed the basis of our civilization come up. The author believes that an in-depth knowledge of the creativity of these medieval thinkers enables us to form a true and integral image of the criminal law philosophy, one that stood at its origins. The legacy of the noted thinkers does not allow one to agree with the popular opinion about the Middle Ages as being timeless or as a failure for the criminal-legal thought in the period. Moderators of medieval thought were no less than enlighteners and reformers of the New Time, humanistically aligned with the goals and tasks of criminal justice. In conclusion, the author calls on the modern science of criminal law not to deny the usefulness of the legacy of the Middle Ages for the development of philosophical and legal thought, since it is unquestionable that theological thought, like the natural science or philosophy, is born of human consciousness and has an object of its human interest, his spiritual order.
Russian Journal of Legal Studies (Moscow). 2017;4(3):49-61
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System and Spatial Organization of the Existence of Administrative Law
Yusupov V.A., Bratanovsky S.N.
Abstract
In the scientific article through the analysis of philosophical categories the system organization of existence of administrative law is researched. To understand the systemic organization of the existence of administrative law, the work identifies the main elements of this system and analyzed the functional relationships between them. It is established that the structure of the existence of administrative law has two interdependent centers. It is argued that the norm of administrative law as a collective will can not fail to take into account, not to be guided by the will of the individual. The presence in the systemic organization of the existence of the administrative law of a «plastic» element in the form of administrative procedural (procedural) norms is ascertained. A conclusion is made about the criterion-forming essence of the administrative law environment for delineating administrative law with other legal and social systems. The essence of spatial existence of administrative law is defined. It is set that that the space of legal life, including administrative and legal life, is implemented as life is right, the spiritual beginning having in the fundamental principle which has a certain expansion in time. The internal dialectics of the system of administrative and legal norms that fulfill one social function - the regulation of public life by administrative and legal means having a functional connection between themselves is revealed. It is established that the subjects of legal relations, their behavior, subjective assessment of circumstances, the objective conditions of an action may be different, but the content of the rule of law in all situations forms certain single defining principles. The role of the individual in the space of administrative and legal existence has been studied. A discussion scientific position is proposed, containing a judgment that the most important property of the space of administrative and legal existence is its four-dimensionality.
Russian Journal of Legal Studies (Moscow). 2017;4(3):62-70
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Legal Mode of the Seal of Confession. Correlation of Secular and Canon Law
Shibaev D.V.
Abstract
The scope of regulation of social relations associated with both secular and canon law are of great interest for the researchers. In particular, they are related to the constitutional presumption of separation of church and state. At the same time, there is the tendency of more convergence of the church with the state in matters concerning property, correlation of church and secular education, etc. Implementing the mode of limited information access, the subjects of which are the clergy, is also a sphere of common interest for the state and the church. The use of the comparative - legal research methods, methods of analysis and synthesis of the situation have made it possible to relate the norms of canon and secular law, and identify elements of their relations. The main purpose of the paper is the comprehensive research of the seal of the confessional, its conceptual apparatus, regulation, judicial practice, forms and types of responsibility for its violation. This paper examines the historical aspects of the formation of the seal of confession, starting with the Spiritual Regulations and up to modern ecclesiastical and secular norms. It indicates the specifics of the Spiritual Regulations, which excluded the absolute inviolability of the seal of the confessional, provided the information is related to the security of higher officials. The paper also deals with the legal framework of the seal of the confessional, being a professional religious mystery as well as the legal mode and a form of the information limited in access. With reference to the Basics of the Social Concept of the Russian Orthodox Church the requirements for a priest how to qualify the information told by his parishioner. The article contains some features of the seal of the confession practice abroad, particularly in Germany and the USA. Occasionally, US law provides for the circumstances where the communication of the clergy and their parishioners should remain confidential. There is, however, the requirement compelling the priest to report where protection of children is involved. The jurisprudence support the rules regulating the seal of confession. Three relevant cases have been studied by the authors and they highlight the separation of secular and religious laws.
Russian Journal of Legal Studies (Moscow). 2017;4(3):71-79
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Idea and Conception as Object of Studying of Chrono-Discrete Mono-Geography Comparative Jurisprudence
Demichev K.A.
Abstract
In article methodological features of a research the idea and the conception as object of studying of Chrono-Discrete Mono- Geography Comparative Jurisprudence (CMCJ) are analyzed. The concepts «idea» and «conception» are differentiated; the signs of the concept important when carrying out the CMCJ-research are distinguished. Such signs of the concept as systemacity, authorship, reflexivity and sotsiologichnost are distinguished. Conclusions about the nature of a temporary gap in development of the ideas and concepts are drawn; methodological approaches to a temporary gap are defined. In relation to a temporary gap in existing of conceptions two types of a temporary gap are allocated and analyzed. The first - temporary gap as a result of the institutional embodiment of the conception. In this case the concept arises and develops, having the ultimate goal creation of a certain institute. In this case the conception often has ideal character as idea of model of the relevant institute is embodied in it. Temporary gap in this case will be creation of such institute, the embodiment of the conception in life, implementation of the conception which at once loses after that the relevance, at least, in that look in what it existed before realization. Liquidation of institute, the termination of its existence which involves reproduction of the conception in new historical conditions becomes the termination of a temporary gap. The second - temporary gap in development of the conception as a result of the direct legal ban. In this case, the conception arises and develops until, yet will not happen, either prohibition of the conception, or institute with which this conception is directly connected. Reproduction of the conception, and, therefore, and the termination of a temporary gap, is caused by removal of such ban.
Russian Journal of Legal Studies (Moscow). 2017;4(3):80-86
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The Role of International Criminal Justice in Fulfillment of the Tasks of the World Community - UN
Kostenko N.I.
Abstract
The article examines the role of international criminal justice in fulfilling the important tasks set by the world community in the 21st century to stabilize the criminal justice system, which should become a fundamental element of the rule of law structure; on the recognition of the central role of the criminal justice system in the development of international criminal justice. The work focuses on the need for a holistic approach to reforming the criminal justice system in order to improve the effectiveness of international criminal justice systems in the fight against crime.
Russian Journal of Legal Studies (Moscow). 2017;4(3):87-96
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The International Legal Framework to Combat Criminal Extremism
Kunashev A.A.
Abstract
The article discusses the international legal framework of the fight against extremism and its criminal forms. Analyzing international acts of universal and regional character, the author comes to the conclusion about the absence at the international level, a single universal definition of extremism and, as a consequence, a different approach of national legislators to criminalize manifestations of this dangerous social phenomenon. The necessity of adopting a UN special Convention and consolidation of efforts of all world community in the fight against this scourge
Russian Journal of Legal Studies (Moscow). 2017;4(3):97-99
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«Eurasia» in the Political Discourse in Russia, China and the US: a Comparative Analysis
Weijing D.
Abstract
This article compares the use of «Eurasia» in the realms of diplomacy and academia in Russia, China and the US. We pay additional attention to initiatives on regional integration in the Eurasian region. Clarification of this important term is of significance for the mutual understanding of the participants under cooperation in Eurasia and the development of Eurasian integration processes. Keywords: Eurasia, post-soviet space, Russia, China, USA, eurasian integration.
Russian Journal of Legal Studies (Moscow). 2017;4(3):100-104
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Role of European Securities and Markets Authority in the EU OTC Derivatives Legal Regulation
Kriger A.M.
Abstract
The work is dedicated to the legal regulation of the European Securities and Markets Authority (ESMA) and its activities in the field of derivatives regulation. Purpose of the research is to analyze the ESMA’s structure and its legal practice. The article describes the reasons of the World financial crisis of 2007-2009 and its impact on the EU economy. One of the issues that presumably provoked the crisis was abusive derivatives contracts concluded in the West. The Commission proposed a new financial markets regulation in the EU which suggested creation of a supervisory authority. The proposal was followed by setting up of ESMA in 2011. The Authority specializes in drafting of the EU legislation in the field of its competence, supervises financial markets, inspects the operation of counterparties and post-trading activities such as central clearing, reporting to trade repositories etc. Furthermore ESMA ensures financial markets stability and transparency, as well as unhampered economic relations and protection from economic downturns. The author relies on comparative, historical and analytical methods. The work was carried out on the basis of legislative sources (the EU regulations and directives) and academic writings of Russian and Western scholars. ESMA has significantly contributed to the implementation of the OTC derivatives reform in the EU. The Authority has to a high degree impacted elaboration of the European legislation dedicated to the successful operation of the financial markets. The research covers the OTC derivatives regulation in the EU and ESMA activities. This theme hasn’t been properly examined in Russian academic writings and therefore draws certain scientific attention.
Russian Journal of Legal Studies (Moscow). 2017;4(3):105-111
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Some Problems with European Court on Human Rights Acts Fulfillment Nowadays
Ivanov A.V.
Abstract
Questions of ECHR acts are insufficiently known for most participant countries of Convention on Human Rights and Liberties protection. We could just be sorry for it, taking into consideration the importance, originality and social significance of this phenomenon. The author poses a problem to show the gravity of the nonfulfillment of intergovernmental institutions, government measures inefficiency and danger of existing tendencies.
Russian Journal of Legal Studies (Moscow). 2017;4(3):112-123
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New Sub-Sector of Criminal Law?
Rarog A.I.
Abstract
The damage to life and health of people, as well as a threat to these fundamental values represent a serious danger to the totality of social relations because a person is a native speaker and participant. Criminal law protection of life and health is the goal of many of the norms dispersed in various chapters of the Criminal code of the Russian Federation. Among them are the following rules, which establishes liability for causing or creating threat of harm to the life or health of people when they receive medical services. The danger of such acts is determined not only by the value protected by criminal law, personal benefits, but also the emergency of their prevalence, because of the provision of medical care throughout life is forced to turn almost everyone.
Russian Journal of Legal Studies (Moscow). 2017;4(3):124-133
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Responsibility for Committing Accounting Offenses in the Criminal Law with Finland and Russia as an Example
Jilkin V.A.
Abstract
This article discusses the responsibility and punishment for violation of accounting rules in Finland and Russia. Multilateral Competent Authority Agreement, signed by 87 countries, will ensure consistent practical implementation of international tax information exchange on income and taxes paid. Modern audit has developed methods for detection of fraudulent financial reporting and provision of economic security.
Russian Journal of Legal Studies (Moscow). 2017;4(3):134-139
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Law Explanatory Practice of the Russian Federation Constitutional and Supreme Courts as an Independent Form of Penal Policy Implementation: Positive Experience and Negative Tendencies Overcoming
Kostrova M.B.
Abstract
The paper critically perceives the traditional approach that only distinguishes two forms of the penal practice implementation, that is, law making and law enforcement. The author proves that there is a separate field for the Russian Federation Constitutional and Supreme courts, that is, a law explanatory one. This form of the state activity does not belong to law enforcement proper. It is in the governing influence on the latter. It is typical of the law explanatory practice of the Russian Federation Constitutional Court that it influences the penal law making in a governing way. A number of negative tendencies have been singled out. The author arrives at a conclusion that the Russian Federation Constitutional and Supreme courts’ law explanatory practice as an independent form of the Russian penal policy needs a governing impact. The paper offers the ways to overcome these negative tendencies.
Russian Journal of Legal Studies (Moscow). 2017;4(3):140-150
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Cryptorisks
Pechegin D.A.
Abstract
The funds is the core of the financial system of any modern state. Initially, the money comes from private funds, however, the development of the economy and other factors at the time led to the abandonment of private money and the establishment of a unified monetary system in most countries. Despite this, the development of Internet technologies and trading techniques in real time has led to the revival of the idea of private money. The emergence of cryptocurrencies, their active popularization in the world, on the one hand, and the uncertainty surrounding their legal nature, on the other, may have a considerable impact on the national economy due to the need for consistent maintenance of the balance of payments. The danger is that if earlier it was possible to physically stop the activity, for example, the backstreet press, which printed banknotes (including counterfeit), etc., then do the same with cryptocurrency is not possible because of decentralization. In other words, account entries in the cryptocurrency stored on different computers around the world that are not directly related to each other. The allurement of crypto-currencies and other monetary surrogates is in the fact that the order of calculation in the legislation of most countries are not settled so far that actually removes the barriers to international transactions, although creating the conditions for the withdrawal of funds abroad (no need to pay any commissions to banks, pay taxes, etc.). It is difficult to say how actively business entities implements the latest technology (the blockchain) today. However, the new trend of monetary dualism already figured out, and gradually comes to life. The article is devoted to the analysis of the risks of modern virtual money substitutes in the absence of clear regulation and uniform approach in the world.
Russian Journal of Legal Studies (Moscow). 2017;4(3):151-157
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A New Kind of Exemption from Criminal Responsibility: the Theoretical, Legislative and Enforcement Aspects
Egorova N.A.
Abstract
Questions about the place of norms about exemption from criminal responsibility with the appointment of a judicial fine in the system of criminal law institutions, the difference of judicial fine from other criminal law measures, the grounds for exemption from criminal responsibility under article 76.2 of the Criminal code, and the appointment of a judicial fine are considered. It is stated that the basis of a judicial fine may only be established by court fact of the crime of a certain category, therefore it is difficult to explain the appointment of this measure to a person suspected of committing a crime; the purpose of restoring social justice when releasing from criminal responsibility with the appointment of a judicial fine is not achieved. A critical analysis of the resolution of Plenum of the Supreme Court of the Russian Federation from June 27, 2013 No. 19 «About application by courts of the legislation regulating the grounds and procedure of exemption from criminal responsibility» (new edition) in the explanation concerning the mentioned exemption from criminal responsibility is done. It is concluded that the appearance of the considered norms in the Russian criminal law reflects not only the search of more flexible methods of criminal law impact and new criminal law measures, but also about the failure of the state and society in solving the problem of crime prevention. Legal regulation of judicial fine in the future should be more detailed, the scope of application of article 76.2 of the Criminal code is narrower, and the resolution of the Plenum of the Supreme Court of the Russian Federation should pay more attention to the interpretation of article 76.2, 104.4 and 104.5 of the Criminal code.
Russian Journal of Legal Studies (Moscow). 2017;4(3):158-166
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Criminal-Legal and Criminological Features of the Prevention of Corruption Crime in the Republic of China in the middle of the second decade of the XXI century
Kobets P.N.
Abstract
Subject of study are the legal and organizational basis of counteraction of corruption crime in the Republic of China and measures for its counteraction. In the process of working on a publication the author uses a set of such General scientific research methods as comparison, analysis, synthesis, and formal-logical, comparative-legal and other methods including: statistical and historical methods. The author attempts to describe the complex of problems of both theoretical and applied nature, related to the functioning and improvement of anti-corruption crime in China. They conducted the analysis of the legal framework, the characteristics of the legal techniques relating to the criminal prohibitions of corruption and number of organizational measures aimed at preventing crimes of corruption. In the process of the study addressed the provisions of existing acts of law-making in the field of combating corruption: the Constitution of the PRC, the criminal code of the PRC, laws and regulations, party and departmental documents. The author comes to the conclusion that criminal and disciplinary sanctions are the most commonly used measures in the fight against corruption worldwide and this feature is most clearly evident in China, where such repressive mechanisms represent the main levers of the fight against the considered phenomenon. The necessity of studying the legislative experience of China in the sphere of counteraction of corruption for its application by the Russian legislator, taking into account national specifics of the domestic legal culture and legal practice. Scientific novelty of research is defined by the system analysis of complex counteraction of corruption crime in China. The practical significance of the work lies in the fact that the mastery of the positive and negative sides of the experience of combating corruption crime in China can be used in the preparation of information and analytical materials, practical issues, building the system of organizational and managerial work in fighting corruption. Keywords: People’s Republic of China, the merging of crime and power, industrial growth, anti-corruption activities, punishment for corruption, ethical norms, criminal law, legal techniques, crime prevention.
Russian Journal of Legal Studies (Moscow). 2017;4(3):167-175
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On the Issue of Inadmissibility of Infringing the Right to a Fair Trial of Criminal Cases under the Guise of Protecting State Sovereignty
Timoshenko A.A.
Abstract
The author examines the issue of the prospects for the direct application of human rights standards in the regulation of criminal procedural activity. In this regard, the key attention is paid to the provisions of art. 14 of the International Covenant on Civil and Political Rights, as well as art. 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the right to a fair trial of criminal cases. It is assumed that only a fair and impartial court is able to ensure the progressive development of society, its stability and security of citizens. Based on the analysis of the main possible ways of further development of the criminal procedural legislation, one of which is related to the increase of formal requirements for criminal procedural activity, and the other - with increased attention to the natural-legal principles of the application of the law, preference is given to the second approach. Based on the analysis of the monuments of world jurisprudence, the study of the history of the formation of international human rights law, it is concluded that it is impossible to overcome the progressive movement towards the triumph of the humanitarian status of the person recognized by the international community. In this regard, the Constitutional Court of the Russian Federation, assessing the correctness of the European Court of Human Rights interpretation of the European Convention for the Protection of Human Rights and Fundamental Freedoms, should be guided by world standards. In addition, there is a need for widespread respect for the need to respect the right to a fair trial.
Russian Journal of Legal Studies (Moscow). 2017;4(3):176-182
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The Relationship of Criminalization and Legislative Techniques when Creating Criminal Prohibitions in the Sphere of Environmental Safety
Timoshenko Y.A.
Abstract
Despite the fact that the scientific development of the problems of presenting the text of the law being quite a long time, up to the present time no General theory of law, nor in the theory of criminal law has not developed a unified view about how to understand the legislative machinery and, therefore, what its components are. The article examines the main approaches to the understanding of legislative technique and its content. On the basis of the conducted analysis the author comes to the conclusion that the formation of the will of the legislator, aimed at recognition of socially dangerous encroachment on the environment is criminal, and its technical regulation, which is impossible without the use of appropriate tools, which has a legislative technique, the two interrelated and interdependent processes. The author on the basis of use of methods of integrated and comparative study comes to the conclusion that in order to criminalize socially dangerous acts that threaten environmental safety, it is necessary not only to identify criminological and to justify the need for the existence of criminal responsibility for such actions, to identify socially dangerous forms of such behavior, but also the most precisely formulated text of the criminal legal prohibition, which is impossible without using appropriate tools, which has a legislative technique.
Russian Journal of Legal Studies (Moscow). 2017;4(3):183-190
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The Problems of Security Provision of Advocate Activity
Soloviova Y.I.
Abstract
The article examines the problems the safe exercise of advocate professional activities, carried out the analysis of the effectiveness of measures of state protection advocates, provided by the current legislation. Formulated a number of proposals to improve legislation in order to improve safety of an advocate activity
Russian Journal of Legal Studies (Moscow). 2017;4(3):191-196
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Official (Cabinet) Subculture as an Environment for the Formation of Criminogenic Groups in the System of Higher Education
Baytasov R.R.
Abstract
The article on the theoretical and practical material deals with the problems of bureaucratic (cabinet) subculture, mutual responsibility and the formation of criminogenic groups in higher education.
Russian Journal of Legal Studies (Moscow). 2017;4(3):197-201
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Historical Aspect and Prerequisites for Amending the Constitution of the RF
Jilkin V.A.
Abstract
The following article examines aspects of the United States Agency for International Collaboration (USAID) programs influence in the rule of law field, started in the USSR during the early 90s. USAID-funded Rule of Law implementers helped draft the Russian Constitution, Part I of the Russian Civil Code, and the Russian Tax Code. The American Bar Association of the USA took an active part in changing Russian legislation since 1992, which was also funded by the USAID. The Constitution of 1993 included a provision on the priority of international law over national legislation. This provision was also included in Article 1 of the Criminal Code and in Article 1 of the Russian Code of Criminal Procedure. The article also deals with an enshrined supremacy of the Constitution found in the US Constitution and that of the European countries. For example, if there is a conflict between constitutional provisions and an international treaty, priority is given to the Constitution. Not all states recognize certain norms and implement them, just as legal practice is not always identical. Attempts to introduce alien values, ideologies, cultures and traditions, all the more with the help of international law, pose a threat to the democratic foundations of the Constitution as a legal act that has the highest legal force in the legal system of the state. The author suggests that the text of the Constitution of the Russian Federation would see the provision removed, according to which international law forms an integral part of the legal system of the Russian Federation. Amendments to the Constitution of the Russian Federation will strengthen Russia’s independence in the sphere of law, bringing back the best traditions of the functioning state authorities and judicial bodies, which should correspond to the current development of Russian society. Keywords: international law, constitutional law, the rule of law, double standards, human rights.
Russian Journal of Legal Studies (Moscow). 2017;4(3):202-207
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The Dialectic of the General and Special as a Condition of Development of Local Self-Government
Akmalova A.A., Kapitsyn V.M.
Abstract
he article substantiates the need for optimal co-relationship of General principles of local government organization and peculiarities of their implementation taking into account the specifics of political and economic development of individual territories, socio-cultural dynamics of local communities, their historical and other local traditions, and its reflection in the municipal politics of the state. Such a policy is justified by the essence of this form of public power, however, is not at present sufficient legal regulation and is implemented spontaneously, largely due to the lack of necessary scientific, analytical and expert support, based on the account of the dialectics of General and special municipal practice.
Russian Journal of Legal Studies (Moscow). 2017;4(3):208-215
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Guilt as the Base of Constitutional Liability in the Russian Constitutional Law
Kondrashev A.A.
Abstract
An author considers guilt as one of the condition of advance for constitutional liability. An article is relevant as the problem of constitutional liability is not still solved yet and literature, which touches the problem, is little. It is necessary for the solution of this problem to consider every of conditions separately, to distinguish this specific on the base of features emerged legal relationships. During the research of cases and opinion of different scientists an author has revealed guilt’ types in the different branches of law and opinion has been done about importance of Availability such condition for the advance of constitutional liability.
Russian Journal of Legal Studies (Moscow). 2017;4(3):216-223
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The State of Legality in the Credit and Banking Industry of the Russian Economy
Bazhanov S.V.
Abstract
This article is devoted to the state of legality in the credit and banking industry of the Russian economy. Despite the attention paid to its improvement, the situation in it remains unfavorable, the number of crimes committed are significant. According to the Prosecutor General’s Office of the Russian Federation, since 2015, more than 70,000 reports of criminal encroachments related to banking have been received annually by law enforcement agencies. As a result of their consideration, only 36.7 thousand criminal cases were initiated in the expired 2016. The widespread use of the facts of embezzlement of bank money by banks and their customers. Crimes of this category in 2015-2016 were found in most regions of the country. For their commission, organized criminal groups were often created, in the unlawful schemes of which «one-day firms» were involved. In order to facilitate the implementation of criminal intentions, the information constituting bank secrecy was illegally divulged, and financial accounting and reporting documents were falsified. Illegal actions of bank employees often led to a revocation of the credit organization’s license and its subsequent bankruptcy. Negative influence on the state of legality in the sphere in question is rendered by unlawful banking activity and illegal withdrawal of funds abroad. The effectiveness of disclosure of related crimes remains low. According to information provided by the prosecutors of the constituent entities of the Russian Federation, in 2016 year, according to the results of the preliminary investigation and inquiry, only 30.2 thousand criminal cases of the analyzed category were sent to the court (12.6%).
Russian Journal of Legal Studies (Moscow). 2017;4(3):224-229
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The Role of Organized Crime in Financing of Terrorism and Extremism
Naumov Y.G., Latov Y.V.
Abstract
In the modern world there is an active financial interaction of organized crime and terrorism (extremism). In some cases, transnational criminal organizations specializing in common crimes are becoming sponsors of terrorist and extremist organizations. More often, however, transnational terrorist and extremist organizations in search of income begin to actively participate in transnational criminal activities of a common criminal nature (drug trafficking, illegal money transfer). The article outlines the main regularities of the intertwining of criminal crafts and terrorist (extremist) activities, connected mainly with the ideas of radical Islam (Islamism). Specific examples of the activities of Russian law enforcement agencies in suppressing the financing of terrorism in the 2010s are given. It is concluded that in the coming years, Russia will be bringing closer and intertwining such institutions as Islamist terrorism, legal and illegal migration from Central Asia, smuggling of drug trafficking and criminal financial transactions (hawala).
Russian Journal of Legal Studies (Moscow). 2017;4(3):230-234
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About Some Ways of Optimization of Activity of Law Enforcement Bodies on Gathering and Generalization of the Statistical Information
Kolesov M.V.
Abstract
The article considers one of the possible ways to optimize the activity of law enforcement agencies by the example of the official interaction of the preliminary investigation bodies and the prosecutor’s office in matters of the existing document circulation and compliance with the requirements of registration and registration discipline. The proposed optimized model of document circulation, including the use of electronic document management, is a modern vector direction of development and reform of law enforcement agencies and provides for the automation of certain work processes both within the relevant state bodies and at the level of interagency cooperation. The need to introduce new technologies, rapid and secure exchange of service information at the level of interacting electronic databases, departmental computer programs and automated workplaces are the defining criteria for the further development and improvement of law enforcement bodies within the framework of the electronic digital transformation planned for the near future. The methods proposed in the article to switch to the electronic format for the creation of official documents, their timely exchange among various law enforcement agencies, among other things, are a means of increasing the transparency of statistical reporting and strengthening the registration and registration discipline. An undoubted positive aspect of the innovations under consideration is also assistance (assistance) for young professionals with little work experience, which can be provided by the software of the automated workplace in the preparation of official and procedural documents. The recommendations also help to reduce budget expenditures in the functioning of the preliminary investigation bodies and the prosecutor’s office in the performance of the tasks assigned to them by law, meet the requirements for safe and unhindered exchange of official information in the current level of information load and the potential danger of cyber attacks on servers and official electronic digital resources of state, including law enforcement agencies.
Russian Journal of Legal Studies (Moscow). 2017;4(3):235-239
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«Wrong Price Tag» in the Supermarket: «Hard Case» for the Civil Law of Germany and Russia?
Korolev S.V.
Abstract
By analyzing analogous private-law cases, which highlight basic features of self-service shopping in supermarkets, the author compares the German and the Russian versions of sale contracts. Especially the relation between the offer and the acceptance is focused upon. Besides invitatio ad offerendum and the so called (Russian) public contract are analyzed. The author concludes that notwithstanding the clumsiness of the German version of sale contract it is better tailored than the analogous Russian version to safeguard the rule of law and the equality principle.
Russian Journal of Legal Studies (Moscow). 2017;4(3):240-244
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Review of the Monograph by PhD in Law D.A. Pechegin «Competitive and Investigative Models of Proceedings in the International Criminal Court»
Kucherov I.I.
Abstract
Monograph by D.A. Pechegin «Competitive and investigative models of proceedings in the International Criminal Court» is devoted to the study of the model of criminal justice, as well as its implementation in the structure of adversarial and investigative principles, both internationally and nationally. The reader is presented with a comprehensive analysis of various issues in the production of criminal cases through the prism of analyzing the provisions of not only domestic and foreign legislation, but also statutory and other documents of international criminal tribunals, ad hoc courts, the European Court of Human Rights.
Russian Journal of Legal Studies (Moscow). 2017;4(3):245-246
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