Ёлектронный журнал ћеждународное право - є3 за 2015 год - —одержание - список статей - ISSN: 2644-5514 - »здательство NotaBene
International Law
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MAIN PAGE > Journal "International Law" > Contents of Issue є 03/2015
Contents of Issue є 03/2015
Theory and philosophy of international law
Shugurov M.V. - International legal cooperation in the area of human rights and liberties: pluralism of doctrinal foundations pp. 1-90


Abstract: The subject of this research is the idealistic processes within the conceptual dimension of international legal cooperation in the area of human rights. The author explores the experience of doctrinal conventionalism in a bipolar world. A special attention is given to the analysis of discussions regarding the source of the human rights and liberties – human dignity – within international legal perspective. The author analyzes the institution of resolution of disputes on interpretation of the positions of international conventions on human rights as an instrument of introduction of definiteness into the international legal positions and optimization of international cooperation. Among the main conclusions is the position on the need to harmonize the diverse doctrinal positions as a necessary condition for improving the efficiency of international legal cooperation in the area of ensuring protection and respect of the internationally recognized human rights and liberties. The scientific novelty consists in the substantiation of the need for actors of international legal defense community to give more attention to the transition towards consensually agreed upon pluralism of different concepts of human rights, which is needed in order to strengthen the internationally recognized human rights as a foundation for sustainable development.
Gorian E. - Islamic concept of human rights and progressive development of international law pp. 91-101


Abstract: The subject of this research is the fundamental ideas and principles of Islam, which form the theory of human rights contained in both, its sources (Quran, Sunnah, Ijtihad, etc.), as well as in international legal acts of regional nature. The purpose of this work is to assess the possibility of Islam’s effect upon the progressive development of international law, which depends first and foremost on the civilizational peculiarities of the subjects that influence the ability and nature of cooperation in resolution of global problems faced by humanity. The main conclusions of the conducted research confirm the need to use culturological specificity of the world’s legal systems, including Islamic, in the future progressive development of international law. The author substantiates this position by the growing role in supporting international legal order of nations representing cultures, which due to historical reasons could not impact the development of norms and institutions of international law at the beginning of its formation.
Development of separate branches of international public law
Khusyainov T.M., Dudar A. - The basic principles of protection of pet animals in accordance with Convention of the Council of Europe pp. 102-111


Abstract: This article examines the problematics of the legal position of pet animals as a special category of the objects of law. The subject of this research is the Convention of the Council of Europe for the Protection of Pet Animals. Despite the spread of humanistic principles and ideology of care for the nature, there is currently an insufficient amount of effort given to the problem of the category of pet animals. Within the framework of this research the author discusses the positions that substantiate the specificity and significance of this area within the modern legal system. The authors conduct a theoretical analysis of the legal sources of European Law, as well as Russian and foreign scientific literature. This work presents the key positions of the legal regulation of handling pet animals in accordance with the “European Convention for the Protection of Pet Animals” passed by the Council of Europe. The authors note that the pet category possesses special qualities in comparison to others. This area is falls under a special legislation, which still remains at the stage of development in the Russian Federation.
Integrational law and supernational associations
Agapov I.O. - On the issue of lobbying in the European Union pp. 112-127


Abstract: The subject of this research is the actively growing regime of regulation of relations between representatives of interests (lobbyists) and institutions of the European Union. A special attention is given to the novelties of the agreement between European Parliament and European Commission signed on April 15, 2014 on Transparency Register of organizations and self-employed individuals involved in development and realization of EU policy. The author highlights the problems faced by the European legislator in an attempt to regulate lobbying through the system of voluntary registration, as well as obstacles standing in the way of creating a mandatory registry based on the US model. The main conclusion of this research is detection of the problem in the legal foundation of creating an EU system of mandatory lobbyist registration, which consists in the lack of clear authority of the EU institutions to impose corresponding responsibilities upon private parties and organizations that are not part of the “European administration”. Due to this fact the author proposes several versions of solution to this problem, including use of the “doctrine of implied authority”.
International law and national law
Krasnova K.A. - Problems of implementation of anticorruption norms within the member-states of the European Union pp. 128-141


Abstract: This article presents a detailed review of the criminal legal aspect of the fight against corruption within the EU member-states. A special attention is given to the implementation of the international legal norms of the United Nations Convention against Corruption into national criminal legislation. The criminal legal norms on responsibility for abuse of power are being reviewed on the example of the criminal laws of Belgium, Germany, Spain, Italy, Latvia, Netherlands, France, and Estonia. The criminal legal norms on responsibility for illegal enrichment are being reviewed on the example of the criminal laws of Belgium, Denmark, Ireland, and France. Examination of the criminal legislation of the EU member-states was conducted based on the comparative legal method, which allowed studying the general and specific regularities in establishment of criminal responsibility for abuse of official position and illegal enrichment in separate countries of the integrational union in question. The scientific novelty consists in the original formulation of the trends of development of the modern criminal legislation within the member-states of the European Union on responsibility for crimes of corruption: first, the broadening of the subject structure of persons guilty of committing a crime of corruption, and second, expanding the criminal legal protection onto private sector.
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