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Publications of Dubovik Ol'ga Leonidovna
Law and Politics, 2019-2
Dubovik O.L. - Criminal and administrative law: mutual influence, development trends and controversial issues of realization of legal responsibility pp. 14-21

DOI:
10.7256/2454-0706.2019.2.23764

Abstract: This article presents the content and results of the discussion of topical issues of legal responsibility that took place at the conference “At the interface of criminal law and law on minor offences: material-legal and procedural problems (Wroclaw, 2016), organized in celebration of the Rector of Wroclaw University Professor Mark Boyarsky. The author provides the pros and cons of the various versions of codification of criminal and administrative legislations: a unified whole, where the Criminal Code includes all elements of crime, i.e. codes or laws regulating administrative responsibility or norms of General and Special parts; mosaic, where the elements of crimes are contained not only in criminal law, but also in the framework of sectoral (environmental, transportation, other) legislations, correspondingly, the elements of crimes in both, the code and separate acts, or in absence of code of offences – the general norms are contained in special legislation, while the elements of administrative torts in the sectoral legislation (Czech version). The article elucidates the positions of Polish doctrine regarding vectors of reform of the criminal and administrative legislations, including types of punishment and magnitude of sanctions, thoughts that the criminal and administrative liability are becoming closer together, partially due to introduction of the institution of collective responsibility of gradual increase in the weight of administrative sanctions. The article presents examples of certain lawmaking decisions that characterize the legal systems of Poland, Slovakia, and the Czech Republic, assessing the experience of these countries in the area of regulation of criminal and administrative liability.
International Law and International Organizations, 2019-2
Dubovik O.L. - New legislation of the European Union on the prevention of environmental pollution with wastes containing macro- and micro plastic particles pp. 16-27

DOI:
10.7256/2454-0633.2019.2.30107

Abstract: The subject of this research is the documents accepted in 2018 in the European Union regulating the requirements to utilization of products made of artificial materials, including the disposable products and fishing gear (draft directive and its substantiation, pan-European strategy). The European Union recognizes the growing threat of marine pollution, harm to living resources of the sea, as well as human health due to consumption of seafood products, decrease in the volume of extracted marine bioresources, and other negative consequences of the extensive usage of plastics (inexpensive, easily transported, but hard to collect, process and dispose wastes); as well as proposes the corresponding solution measures. Familiarization with the assignments of the directive and arguments for its adoption, set forth in Rationale prepared by the European Commission, would contribute to solution of one of the most urgent issues in the area of preventing environmental pollution (primarily the World Ocean) on a global and regional scale, including Russia that still did not pass the Federal Law “On Packaging Wastes”, the system of waste sorting and recycling, lags behind the practice of the developed countries in complete recycling of disposable products. Otherwise, the accumulated wastes produce toxic effect upon the surface and ground waters, soil, air, human health, environmental security of the population and territories.
Police and Investigative Activity, 2019-1
Dubovik O.L., Averina K.N. - At the confluence of Criminal law and the Law of action: substantive and procedural problems
pp. 8-22

DOI:
10.25136/2409-7810.2019.1.23765

Abstract: The review characterizes the content of articles published by Polish, American, German, Bulgarian, and Czech specialists in the field of criminal law and proceedings, criminal science, the law of action and other legal branches devoted to the 70th anniversary of the rector of the University of Wroclaw, professor Mark Bojarski. The information about the criminal legal aspects of responsibility for actions shows that the models for codification of such provisions and the models for typification of infringements on the protected legal advantages are fundamentally different in different countries. Unlike the situation in Russia, where criminal law and administrative law are codified (the Criminal Code and the Administrative Offences Code, and the laws of Russia’s territorial units), in most other countries, together with criminal codes (laws), regulating the responsibility for crimes and actions, laws and other legal acts exist containing the compositions of crimes and malefactions and offences, and malefactions are considered as criminal offences (in Poland, France, etc). The authors use such research methods as dialectics, deduction, induction, and the comparative-legal method. The review reflects the estimations of the current state of the legislation, its gaps and drawbacks, the experience of reforming criminal responsibility, the arguments in favour of law-making decisions and particular disputable issues. The article represents the snapshot of the current state of legal thought focused on the problem of combating crime and offences and overcoming their socially detrimental consequences. The authors discuss theoretical background for searching for the criteria to differentiate crimes, malefactions, administrative delicts, and for creating the system of sanctions.  
International Law and International Organizations, 2018-4
Dubovik O.L., Averina K.N. - The importance of Paris Agreement for climate protection: large-scale plans and problems associated with their implementation pp. 18-27

DOI:
10.7256/2454-0633.2018.4.27597

Abstract: The concept of climate protection was created upon the initiative of environmental scholars and legal experts of multiple countries, supported by the forward-minded politicians, introduced to public consciousness, implemented in the extensive legislative acts of the international environmental law, by the governments and public associations. The consequences of climate change are evident for the planet. However, the opposition of climate protection refuse to discharge their obligations on reducing the emissions of greenhouse gas and other harmful substance into the atmosphere, which cumulatively lead to the global warming effect, formation of ozone holes and other negative aftermath for the environment and peoples’ health. Besides the analysis of regulations of the Paris Agreements, the authors examine the core international legislative acts that served as a prerequisite for its adoption; explore the mechanism for implementation of Paris Agreement in the decisions passed in the 22nd and 23rd UN Climate Conferences, political views of separate countries, and legal regulation of this question in the Russian legislation. The Russian foreign policy concept stipulates the provision of environmental security and counteraction of climate change through formulation of the scientifically substantiated approaches towards preservation of favorable environment and expansion of cooperation with all countries for meeting the demands of the current and future generations. It is noted that despite the implemented measures on preventing the possible and resolving the already existing environmental-legal conflicts between the states, regions, environmental aspects and businesses that emerge in the area of climate protection, there is a possibility of aggravation of relations between the parties with regards to reducing the emissions of greenhouse gases.  
Law and Politics, 2017-3
Dubovik O.L. - Criminal law and challenges of the modern world pp. 74-85

DOI:
10.7256/2454-0706.2017.3.22161

Abstract: This article provides brief information on discussion of the modern issued of the criminal and medical law in Poland, taking into account the experience of other stated in regulation of responsibility of the physicians, trends of implementation of the norms of international, European, and foreign legislation into the Polish national legislation. The work covers the assessment of lawmaking decisions in the field of human rights, primarily protection of women’s right who undergone domestic or other type of violence, or faced the rejection in providing the medical aid and services. The author presents the data on peculiarities and achievements in the medical and criminal laws of Germany, United States, Switzerland, France, and other states, which could be used for the purpose of improving the Polish legislation in order for it to meet the European and international standards, as well as for combatting corruption and other negative phenomena. The article also highlights the position of Polish juridical science and practice with regards to human trafficking or hate crimes. Characteristic is given to the attitude of the Polish medical legal experts and human rights advocates towards the decision of the Constitutional Tribunal of Poland pertaining to the conscience clause, lawmaking initiatives, and separate legislative acts, which were submitted for consideration of the Sejm.
Law and Politics, 2016-12
Dubovik O.L. - Peer review on the book: O. I. Krassov. Land Law in African Countires. M.: Norma: INFRA; M., 2016. Ц 416 p.

DOI:
10.7256/2454-0706.2016.12.21023

Abstract: This peer review examines the basic theoretical approaches used during the course of the comparative legal research of land law in the countries of African continent, as well as describes the structure of O. I. Krassov’s monograph, which contains a combination of the general characterological features of legal systems in African countries with analysis of evolution of the land law in various African states. The work presents the author’s assessment of the impact of multiple social, economic, environmental, historical, and religious factors upon the current situation regarding the use and preservation of lands in the continent. The peer review reflects the conclusions and argumentation of the author that pertain to the phenomenon of legal pluralism as the foundation of legal systems – the so-called hybrid that combine various elements, or in other words, laws based on Islam, Pygmy common law, French civil law, customs, etc. Krassov’s position on the prevalence of negative consequence of the land reform in a number of African states over the positive is also being supported, as the ideas of private ownership to land have always been alien to people. The article analyzes the peculiarities of regulation of the women’s right to land, as well as their limitations. The substantiation of the analysis on connection between land and water laws, and the rights to land and rights to water is being highlighted.
Law and Politics, 2015-4
Dubovik O.L. - Environmental protest movements in Germany. Peer review of: New Power of the Citizens / Edited by S. Marg, L. Gayges, F Butzlaff F. Walter. Issue: 1332 Volume. Bonn: Federal Agency for Civil Education, 2013. - 341 p.

DOI:
10.7256/2454-0706.2015.4.13329

Abstract: This review examines the methodology and results of the research on the protest movement of the German citizens. The environmental acts of protest in Germany are common and often influence the political and legal decisions made in this country. Protection of the environment is backed by a strong support from the citizens. The protests in Germany mostly aimed against various large-scale projects, laying transportation hubs, construction of environmentally unsafe objects, etc. The book describes the history of the forming of the protest movement, examines the value orientations of the activists, their motives and political positions. It reviews urban protests in Hamburg, Stuttgart and Munich, aimed at protecting the environment, including cultural, architectural and historical heritage. A special attention is given to the anti-nuclear movement that is widely supported throughout Germany and has reached great success.
International Law and International Organizations, 2015-1
Dubovik O.L. -

DOI:
10.7256/2454-0633.2015.1.12687

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Law and Politics, 2014-11
Dubovik O.L., . -

DOI:
10.7256/2454-0706.2014.11.12686

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Administrative and municipal law, 2014-9
Dubovik O.L. -

DOI:
10.7256/2454-0595.2014.9.12494

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Administrative and municipal law, 2014-8
Dubovik O.L. -

DOI:
10.7256/2454-0595.2014.8.12529

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Law and Politics, 2014-8
Dubovik O.L. -

DOI:
10.7256/2454-0706.2014.8.12685

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Politics and Society, 2014-6
Dubovik O.L. -

DOI:
10.7256/2454-0684.2014.6.12381

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International Law and International Organizations, 2014-4
Dubovik O.L., Rerikht A.A. -

DOI:
10.7256/2454-0633.2014.4.13328

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International Law and International Organizations, 2014-1
Dubovik O.L. -

DOI:
10.7256/2454-0633.2014.1.10506

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Law and Politics, 2013-6
Dubovik O.L. -

DOI:
10.7256/2454-0706.2013.6.8304

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Politics and Society, 2013-4
Dubovik O.L. -

DOI:
10.7256/2454-0684.2013.4.7747

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Law and Politics, 2013-4
Dubovik O.L. -

DOI:
10.7256/2454-0706.2013.4.7792

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International Law and International Organizations, 2013-4
Rednikova T.V. -

DOI:
10.7256/2454-0633.2013.4.10519

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International Law and International Organizations, 2013-2
Dubovik O.L. -

DOI:
10.7256/2454-0633.2013.2.8753

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International Law and International Organizations, 2013-1
Dubovik O.L. -

DOI:
10.7256/2454-0633.2013.1.7424

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Law and Politics, 2012-8
Dubovik O.L. -
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Politics and Society, 2012-8
Dubovik O.L. -
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National Security, 2012-4
Dubovik O.L., . -
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Law and Politics, 2012-1
Dubovik O.L. -
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National Security, 2011-12
Dubovik O.L. -
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Law and Politics, 2011-11
Dubovik O.L., . -
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International Law and International Organizations, 2010-12
Dubovik O.L. -
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Law and Politics, 2010-11
Dubovik O.L., . -
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International Law and International Organizations, 2010-5
Dubovik O.L. -
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Law and Politics, 2009-12
Dubovik O.L. -
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Law and Politics, 2009-11
Dubovik O.L. -
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Law and Politics, 2009-4
Dubovik O.L. -
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Law and Politics, 2009-1
Dubovik O.L. -
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