Annotations № 1 / 2015
THEORY OF LAW AND STATE
Ciolli I. (Rome, Italy, Sapienza University of Rome, e-mail: email@example.com) Polycentric model of the state territory framework and the modifications of the constitutional law
The author proves that nowadays the constitutional legal framework of the national territory is influenced by the decisions taken beyond a state. This is because of the last trends of global economy and the new model of the territorial organization elaborated under the auspices of the European Union.
The author researches also the status of the administrative entities of the new «public and private law» type. So, the researcher comes to conclusion that such significant modifications of the territorial organization of the European countries predetermine the notion of the main categories of constitutional law – sovereignty, territorial representation, public interest.
The sovereignty of state over its territory undergoes some transformations: more and more territorial entities are subject to a few sovereignties at the same time (like transboundary regions). The territorial representation loses its political institute features and becomes more directed towards local economic interests. Anyway now it’s impossible to separate the public interests from the other concerns what is demonstrated by the scheme of industrial regions.
Key words: state sovereignty, polycentric model of state territory, «public and private law» territorial entities, globalization
Osintsev D. V. (Yekaterinburg, Urals State Law University, e-mail: firstname.lastname@example.org) The functions of law: regulation or administration?
The issue of law understanding is discussed and a critical analysis of various legal paradigms and schools of law, and the basic methodological approaches in law is conducted. The author proclaims that searching for the nature and content of law is behind the scenes of methodological contradictions that aim to work in terms of social knowledge in general, not exclusively in terms of jurisprudence. It’s stated that legal influence shouldn’t be restricted only to legal regulation. It’s too narrow and even incorrect way of defining the functions of law. Actually, law is an artificial valuation of social environment, thus, it includes administrative requirements and regulations in relation to other social regulators.
Key words: legal regulation, legal effect, philosophical and scientific approach to jurisprudence, law and administration
CONSTITUTIONAL LAW AND PROCESS
Kokotov A. N. (St. Petersburg, Constitutional Court of the Russian Federation, e-mail: email@example.com) Decentralization of local government in the Russian Federation
The author describes the position of local government in contemporary Russia and proves that local government as an independent level of public authorities requires decentralization. His main purpose is to identify the most acceptable way of such decentralization, primarily in urban districts and municipal areas. On the basis of the legislation and the experience of local authorities organization in the Soviet Union it’s concluded that it’s necessary to bring municipal government closer to citizens. This could be achieved through new types of municipalities, such as intraurban areas in urban districts, and also through the expanded network of territorial local authorities in urban districts and municipal areas. Two possible pathways are suggested. The first is to legislate the system, the procedure of formation, the powers of the territorial executive bodies of the city district and the forms of their relationship with each other and with the bodies of the urban district. The bodies mentioned above should be considered independent authorities, not the units of municipal executive bodies. The second is to create not only the executive, but also the representative bodies in certain regions of urban districts and municipal areas. The author’s proposals can be the basis for improving legislation on local government.
Key words: Constitution, local government, municipalities, decentralization, local government bodies
Karasyov A. T. (Yekaterinburg, Urals State Law University, e-mail: firstname.lastname@example.org), Savoskin A. V. (Yekaterinburg, Charter Court of Sverdlovsk region, e-mail: email@example.com) The laws of the constituent entities of the Russian Federation on the citizens’ appeals
The laws of the constituent entities of the Russian Federation on the citizens’ appeals are examined and their place in the system of the legislation on appeals is determined. The author suggests to separate appeals to universal ones pursuant to the Federal Act «On the procedure of consideration of the citizens’ appeals in the Russian Federation», and special ones pursuant to other federal acts. He examines regional acts on the law-making initiative, the voters’ mandate, the constitutional (charter) courts, pretrial appealing upon providing public (municipal) services. Proposals for improving the legislation are made.
Key words: citizens’ appeals, legislation on appeals, complaints, petitions, applicant, constituent entities of the Russian Federation
Sergeev D. B. (Abakan, N. F. Katanov Khakass State University, e-mail: firstname.lastname@example.org) The correlation of the administrative-territorial and municipal-territorial structure of the constituent entity of the Russian Federation
The correlation of the administrative-territorial and municipal-territorial structure of the constituent entity of the Russian Federation is investigated. The municipal-territorial structure of the constituent entity of the Russian Federation has been formed by public authorities of the constituent entity, under whose laws the boundaries of municipalities were fixed. At the same time local community, whose consent is necessary to change these boundaries, acts as a part of the population of the constituent entity that is a source of public power which belongs to state authorities of the constituent entity according to the Constitution of the Russian Federation. In view of above, it’s appropriate to allow the municipality to determine the administrative-territorial and municipal-territorial structure of the constituent entity of the RF. Following this, the municipal-territorial system of the constituent entity of the RF will be legislated as a basis of the administrative-territorial structure of the constituent entity, and the boundaries of its units will not have to cross the boundaries of municipalities. In addition, the boundaries of the administrative-territorial units of the constituent entity may coincide geographically with the municipal boundaries; or a territory of the administrative-territorial units may combine the territories of several municipalities, or some administrative-territorial units may be within the same municipality.
Key words: constituent entity of the Russian Federation, municipality, population of the RF, community, administrative-territorial structure of the constituent entity of the RF, municipal-territorial structure of the constituent entity of the RF
Cheprasov K. V. (Barnaul, Altai State University, e-mail: Torquemada89@mail.ru) Coordination as a constitutional form of cooperation between federal and regional executive bodies of the Russian Federation
The author analyzes the role of coordination as a constitutional form of cooperation between federal and regional executive bodies of the Russian Federation to ensure the unity of the executive power in Russia. He examines federal and regional acts forming the legal framework of cooperation between the bodies mentioned above. Also, he pays special attention to the Provisions on certain federal executive bodies (ministries) and their territorial bodies.
Key words: federalism, executive bodies, cooperation, coordination
Matryonina K. Yu. (Tyumen, Tyumen State University, e-mail: email@example.com) Young people and the electronic elections
The author describes the types of electoral behaviour, as well as the factors affecting the electoral activity of young people. She describes testing of the remote electronic voting tools. The analysis of public opinion polls among young people is carried out. It’s concluded that further development of the electronic voting system is able to increase the attendance of young voters.
Key words: young people, electronic voting, elections, Internet, cell phone, electoral activity
Lepyoshkina O. I. (St. Petersburg, North-Western Management Institute - a branch of Russian Presidential Academy of National Economy and Public Administration, e-mail: firstname.lastname@example.org) The capital punishment in the United States: the trend towards abolition
The author considers the history of the capital punishment in the USA and its present state. Since 2000, in the United States both enforcement and execution of the capital punishment have been reducing. For instance, in 2005, the US Supreme Court has enacted a ban on enforcement of the capital punishment for minors. The author notices that in America in the beginning of XXI century the trend towards abolition of this form of punishment emerged.
Key words: capital punishment, capital sentences, executions, abolition of the capital punishment, USA
Pobedash D. I. (Yekaterinburg, Urals Federal University, e-mail: email@example.com) Lakota against the United States: the struggle of Indians for Black Hills
The Black Hills (Paha-Sapa), that are sacred to the Lakota Indians, have been taken from the tribe by the US government in 1877 despite the numerous treaties that gave possession of them to indigenous peoples. The struggle of Indians with the US government that began within the scope of foreign policy relations, continues up to now in the form of internal political conflict, but often goes to the level of the world politics. Today, some Indians-activists, defending the sovereignty of the nation, declare for its resignation from the United States and the establishment of the independent Republic of Lakota. Others try to resolve the conflict by approach that assumes full acceptance of the rules of the game that imposed by the federal government. In particular, the Indians buy back the part of the territory that in fact was stolen from them by the US Congress in the past.
Key words: sovereignty, indigenous people of the USA, US politics
Fillipova I. A. (Nizniy Novgorod, N. I. Lobachevsky State University of Nizhny Novgorod, e-mail: firstname.lastname@example.org) The employment contract and the procedure of its conclusion and modification (on the example of the Russian and French legislation)
The author compares the provisions of the Labour code of the Russian Federation and the Labour code of France and asserts that the legal regulation of the conclusion of employment contracts in these states is rather similar. For example, Russian and French employers are obliged to acquaint employees with the necessary documents, to ensure medical examinations if needed and to promote workers’ skill improvement. In both countries employment contracts can be modified for reasons related to specific employee and for economic reasons. At the same time, there are some details of the conclusion and modification of employment contracts peculiar only to Russia or France. The author concludes that judicial practice in France has a more significant impact on the legal regulation of labour relations than in Russia.
Key words: labour law, employment contract, conclusion of the employment contract, modification of the employment contract
CRIMINAL LAW AND PROCEDURE
Koistinen J. (Finland, Helsinki, Central Criminal Police of Finland, e-mail: Jarmo.Koistinen@poliisi.fi) The cooperation between Russian and Finnish law enforcement authorities: the challenges of matching national legislation
The author discusses the main challenges of matching national legislation of Russia and Finland when conducting pre-trial investigation of the transnational offences in the framework of international agreements. He reveals the results of empirical study of the issue and analyzes them by using methodological approaches of comparative law research. On the basis of the analysis it’s concluded that differences in the moment of institution of the criminal case, or a moment of initiating pretrial investigation, are the main factor that influences the cooperation between Russian and Finnish law enforcement authorities.
Key words: Finnish criminal law, Finnish procedural law, international agreements, pre-trial investigation, comparative law, pre-trial criminal procedure
Akutaev R. M. (Makhachkala, North-Caucasian branch of the Russian Legal Academy of the Ministry of Justice of the RF, e-mail: email@example.com) The principles of criminal law, the legal positions of the Constitutional Court of the Russian Federation and the establishment of the objective truth in a criminal case
Taking into account the principles of criminal law and legal positions of the Constitutional Court of the Russian Federation the author asks whether it would be relevant to revive the principle of the objective truth in the criminal procedure legislation and law enforcement practice.
Key words: objective truth, principles of criminal law, legal positions of the Constitutional Court of the Russian Federation
Gaevskaya E. Yu. (Yekaterinburg, Urals State Law University, e-mail: firstname.lastname@example.org) Criminal law as a remedy of ensuring environmental safety
The author examines the legal aspects of ensuring environmental safety in the Russian Federation, the Directive 2008/99/EC of the European Parliament and of the Council on the protection of the environment through criminal law and its impact on the criminal policy of the Russian Federation. The legal framework of environmental safety in Russia and the problem of determination of the object and subject of crimes against environmental safety are analyzed.
Key words: environmental safety, crimes against environmental safety, object of environmental crimes, legal person as the subject of environmental crimes
Larionova A. A. (Tyumen, Tyumen State University, e-mail: email@example.com) The establishment of the truth as a goal of criminal proceedings (by the example of termination of a case in connection with the parties’ reconciliation)
Proving in accordance with the procedural rules is one of the means to achieve a goal of criminal proceedings that is the establishment of the truth. Unfortunately, when investigators (inquirer) terminate a case they usually do not carry full proof. However, when a criminal case should be terminated in connection with the parties’ reconciliation, the investigator (inquirer, judge) must establish whether the offense had been committed, whether the parties had reconciled due to the mutual and voluntary wish, whether the damage inflicted upon the victim had been recompensed, and so on. The author defines the criteria of proper official procedure of termination of a case in connection with the parties’ reconciliation.
Key words: criminal procedure, proofs, parties’ reconciliation
LABOUR AND SOCIAL LAW
Golovina S. Yu. (Yekaterinburg, Urals State Law University, e-mail: firstname.lastname@example.org) The constitutional principles and rights at work and their specification in the labour legislation of Russia
The author analyzes the fundamental principles and rights at work established in the Constitution of the Russian Federation, investigates the issue of their compliance with international labour standards and the Concept of decent work. The mechanisms of stipulating the constitutional principles in the labour legislation of Russia, as well as the challenge of compliance of the Labour Code of the RF with the constitutional principles and rights in the context of recent changes in the labour legislation are revealed. The author asserts that there is a negative trend of deviation from the centralized establishment of guarantees and compensation to employees who work in harmful and arduous conditions.
Key words: principle of freedom of labour, prohibited forced labour, labour protection, promotion of employment, right to remuneration for work, right to rest, right to individual and collective labour disputes
ECONOMICS AND LAW
Popondopulo V. F., Petrov D. A., Zhmulina D. A. (St. Petersburg, St. Petersburg State University, e-mail: email@example.com) On a draft version of the Model law on entrepreneurship for the member states of the Commonwealth of Independent States
The authors explain the need of enactment of the model legislative act regulating social relations of entrepreneurship within the framework of the Commonwealth of Independent States. This act would refer to relations between persons involved in entrepreneurial activities, or with their participation (entrepreneurial relations), up to relations associated with government regulation of entrepreneurial activities. A draft version of the Model law on entrepreneurship includes the purpose and object of the bill; the basic concepts, the principles of realization and public organization of entrepreneurship; its organizational forms and material basis; enterprise transaction; various forms and methods of public organization of entrepreneurship; fundamentals for the entrepreneurs’ rights and legitimate interests protection.
Key words: Commonwealth of Independent States (CIS), law on entrepreneurship, entrepreneur, principles of realization and public organization of entrepreneurship, organizational forms of entrepreneurship, entrepreneurial contract, forms and methods of public organization of entrepreneurship, entrepreneurs’ rights and legitimate interests protection
LEGAL ASPECTS OF ECOLOGY
Kruglov V. V. (Yekaterinburg, Urals State Law University, e-mail: firstname.lastname@example.org) On the improvement of organizational and legal ensuring environmental safety of the industrial regions of the Russian Federation
The author reveals legal and empirical aspects of environmental development in Russia. He considers circumstances affecting the environment, such as overexploitation of natural resources, global environmental changes, a slow pace of the recovery of environment, a variety of environmental problems. The author formulates suggestions for ensuring environmental safety and environmental development of the country. For instance, it would be useful to establish a comprehensive and consistent system of the environmental legislation; to strengthen the efficiency of cooperation between authorities in the sphere of state environmental supervision and monitoring; to inventory nature territories in the regions.
Key words: environmental development, environmental safety, sustainable development, conservation and restoration of natural resources
Ignatieva I. A. (Moscow, Lomonosov Moscow State University, e-mail: email@example.com) The topical legal problems of the Lake Baikal protection
There is a special legal regime of the environmental management and protection in the Baikal natural area. At the same time, as the author notes, this protection becomes vulnerable due to the incomplete legal regulation that is out of date. First of all, it doesn’t take into account the intensification of tourist and recreational activities on Lake Baikal, including the establishment of special economic zones. Second, it doesn’t fully address the changes in natural conditions, in particular the erosion of the shore of Yarki Island in the northern part of Lake Baikal.
Key words: environmental protection, tourism, special economic zone, shore consolidation works
Nikishin V. V. (St. Petersburg, St. Petersburg State University, e-mail: firstname.lastname@example.org) On remedies of nature users considered appropriate by the courts
The article is devoted to the courts’ position on the assessment of remedies of nature users. It touches upon general and special rules for determining an appropriate remedy of subjective rights and legitimate interests of persons using natural resources. The author reveals why some chosen remedies are considered inappropriate by the courts.
Key words: subjective right, right to nature management, appropriate remedy, judicial practice
Rusinov R. K. (Yekaterinburg, Urals State Law University, e-mail: email@example.com) The Russian state and legal education
Public administration of social life includes the organization and realization of educational processes by the state. Actually, the educational system of Russia is heavily influenced by the state. It relates in particular to legal education. The author considers the advantages and disadvantages of such relationships between the state and the system of legal training in Russia.
Key words: state, educational processes, objects of education, legal education, general cultural and professional competences of lawyers
Levitan K. M. (Yekaterinburg, Urals State Law University, e-mail: firstname.lastname@example.org) On the progressive development of the lawyer’s professional verbal personality
The author examines the topical problem of the progressive development of the lawyer’s professional verbal personality. He analyzes the structure of the verbal personality, the peculiarities of a legal discourse and an elite type of speech culture, and describes a number of interactive methods of the lawyer’s professional verbal personality development.
Key words: development, the lawyer’s professional verbal personality, legal discourse, elite type of speech culture, interactive methods
Zipunnikova N. N. (Yekaterinburg, Urals State Law University, e-mail: email@example.com) The university in Russia through the prism of historical and legal approach
Certain political and ideological, organizational and administrative, as well as legal aspects of the university building in the Russian Empire are considered. The author shows the possible standpoints of historical and legal approach to the imperial universities.
Key words: imperial university, university charters, narrative, actors, state, ideologem, guardian, universitario, professor, student
PAGES FROM INVESTIGATOR’S DIARY
Drapkin L. Ya. (Yekaterinburg, Urals State Law University, e-mail: firstname.lastname@example.org) Page fifteen. «Organized group liquidation»
This is the continuation of autobiographical essay presented by the prominent criminalist of modern Russia – professor L. Ya. Drapkin.
Key words: criminalist, investigator, criminalistics, versions, prominent
PAGES OF HISTORY
Fomin A. A. (Yekaterinburg, Urals State Law University, e-mail: email@example.com) On the social and legal nature of the manifestations of collaboration in the USSR during the Great Patriotic war
The article is devoted to the manifestations of collaboration and the legal regulation of resistance to them in the USSR during the Great Patriotic war. The author analyzes the legal acts of the described period to determine the legal understanding of the manifestations of collaboration, political and legal conditions caused the formation of repressive practices in the prosecution of Soviet citizens who collaborated with the German occupiers.
Key words: occupation of the USSR in 1941–1945, collaboration, responsibility of collaborators, repression
LEGAL HERITAGE OF RUSSIA
Bazhenova T. M. (Yekaterinburg, Urals State Law University, e-mail: firstname.lastname@example.org) The results of judicial reform 1864: the jury trial in the papers of Russian lawyers (1880–1890)
Zipunnikova N. N. (Yekaterinburg, Urals State Law University, e-mail: email@example.com) B. B. Ch. as the link of times (on the 120th anniversary of the birth of Boris Borisovich Cherepakhin)
The author describes the most significant events in B. B. Cherepakhin’s life and periods of his scientific work that can be roughly divided into Irkutsk, Sverdlovsk and Leningrad periods. The unique information from archival documents is given. The author focuses on the scientist’s role in the Ural school of civil law formation and the Russian jurisprudence development in general.
Key words: B. B. Cherepakhin, history, civil law