DOI: 10.7256/2454-0706.2016.1.13293

Abstract: Based on the comparative legal material this article examines the issues of legal obligation and possibility of application of other measures of influence in cases of patient’s (including athletes) abnormal treatment of their body, influences by parents in cases involving children – in making a decision on circumcision, blood transfusion; in cases involving athletes – in usage of doping. This work characterizes the legislation, doctrinal positions and legal precedent of Germany, Poland, and other countries. The author substantiates the need for further juridization of medical law and advancement of athletic law; offers examples of conflict situations and legal solutions, as well as examines the most pressing political legal factors that affect the criminalization or decriminalization of medical intervention into the physical integrity, citizens’ right to personal decision as a result of religious, ethnic, or other beliefs. A comparison is made of the bans and sanction for violations thereof; analysis is conducted on the requirements and recommendations recognized by the international community, as well as the possibility of using foreign experience in order to address similar issues in Russia.

DOI: 10.7256/2454-0706.2016.1.42660

Abstract: Based on the comparative legal material this article examines the issues of legal obligation and possibility of application of other measures of influence in cases of patient’s (including athletes) abnormal treatment of their body, influences by parents in cases involving children – in making a decision on circumcision, blood transfusion; in cases involving athletes – in usage of doping. This work characterizes the legislation, doctrinal positions and legal precedent of Germany, Poland, and other countries. The author substantiates the need for further juridization of medical law and advancement of athletic law; offers examples of conflict situations and legal solutions, as well as examines the most pressing political legal factors that affect the criminalization or decriminalization of medical intervention into the physical integrity, citizens’ right to personal decision as a result of religious, ethnic, or other beliefs. A comparison is made of the bans and sanction for violations thereof; analysis is conducted on the requirements and recommendations recognized by the international community, as well as the possibility of using foreign experience in order to address similar issues in Russia.

DOI: 10.7256/2454-0706.2015.5.13917

Abstract: The article states the goals and content of the legal construct of “independence of the judicial authority/court/judges” recognized as an independent legal institution. The author defines the original concepts, and lists the subjects of judicial independence, i.e. the judicial authority, courts and judges, determines their status and influence according to the Constitution of the Russian Federation and federal legislation. A separate analysis is conducted on the concept of independence by the Russian and German doctrines, as well as the notions of “independence of the judiciary”, and “independence of judicial authority”. The article gives the classification of the norms that regulate the independence of the judiciary. The author proposes to introduce into discourse (first and foremost into scientific) the notion of “the zone of independence of the judiciary” and explains its content, meaning, and prospects for implementation in legal comparative research and improvements to the Russian legislation.

DOI: 10.7256/2454-0706.2015.5.42675

Abstract: The article states the goals and content of the legal construct of “independence of the judicial authority/court/judges” recognized as an independent legal institution. The author defines the original concepts, and lists the subjects of judicial independence, i.e. the judicial authority, courts and judges, determines their status and influence according to the Constitution of the Russian Federation and federal legislation. A separate analysis is conducted on the concept of independence by the Russian and German doctrines, as well as the notions of “independence of the judiciary”, and “independence of judicial authority”. The article gives the classification of the norms that regulate the independence of the judiciary. The author proposes to introduce into discourse (first and foremost into scientific) the notion of “the zone of independence of the judiciary” and explains its content, meaning, and prospects for implementation in legal comparative research and improvements to the Russian legislation.

DOI: 10.7256/2454-0706.2015.3.13292

Abstract: This article presents some of the main results of a discussion on the role of justice, especially the legal system and the judges in Germany at the current stage of development of the society and the state with regards to not only law and order as a whole, but also in area of economy. The author highlights the statements made by the participants of the discussion on the flaws in the functioning of the German judicial system and its staff; the worsening of the material and procedural legal norms and the increase of their volume; the lack of public informing on the tasks and abilities of the modern courts, and the difficulties that the judges are faced with when they review civil, labor, or other cases. These and other elements, although somewhat lower the effectiveness of the legal system, do not take away from its importance, as German courts and judges are synonymous with high professionalism, independence and an extremely low chance of corruption. In the conclusion, the author reflects the positions of the experts on the ways and measures of improving the judicial system and defining the balance between the expectations and the reality of its function with regards to economy.

DOI: 10.7256/2454-0706.2015.3.42659

Abstract: This article presents some of the main results of a discussion on the role of justice, especially the legal system and the judges in Germany at the current stage of development of the society and the state with regards to not only law and order as a whole, but also in area of economy. The author highlights the statements made by the participants of the discussion on the flaws in the functioning of the German judicial system and its staff; the worsening of the material and procedural legal norms and the increase of their volume; the lack of public informing on the tasks and abilities of the modern courts, and the difficulties that the judges are faced with when they review civil, labor, or other cases. These and other elements, although somewhat lower the effectiveness of the legal system, do not take away from its importance, as German courts and judges are synonymous with high professionalism, independence and an extremely low chance of corruption. In the conclusion, the author reflects the positions of the experts on the ways and measures of improving the judicial system and defining the balance between the expectations and the reality of its function with regards to economy.

DOI: 10.7256/2454-0633.2015.1.13330

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DOI: 10.7256/2454-0668.2014.6.13916

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