DOI: 10.7256/2306-9899.2016.1.16948

Abstract: This article examines the return of the “just war doctrine” (bellum justum) and the concept of “unjust enemy” hostis injustus) with regards to the contemporary international law. The research consists of two parts: in the first part the just war ideas’ history, theories of St. Agustine, Thomas Aquinas and Francisco de Vitoria are examined; the second part is devoted to the manifestation of the just war ideas in the contemporary international law and international relations. This work is based on the methods of analysis, synthesis, analogy, method of historical and political interpretation of law, as well as method of the formal interpretation of law. It develops the ideas of such scientists, as Carl Schmitt, Alain de Benoist and China Miéville. The author comes to a conclusion about the deep transformations and crisis of the current international legal order, outdating of the old restrictive rules and return of the forgotten political-legal concepts, as well as legal principles and norms.

DOI: 10.7256/2306-9899.2016.1.15237

Abstract: The author in detail considers institutional aspect of anti-corruption policy of member-states of the European Union. The special attention is paid to the legal prerequisites of creation of special agencies on counteractions of corruption at the national levels. Among the specialized services on counteraction of corruption existing now in many member-states of the European Union, the author conditionally allocates bodies for the prevention of corruption and bodies for fight against corruption crimes. Activity of the last is considered on the example of Austria, Belgium, Great Britain, Italy, Ireland, Spain, Latvia, Netherlands, Poland, and France. The research of law enforcement and other agencies with regards to the fight against corruption in member-states of the European Union was carried out on the basis of the comparative and legal method which allowed studying the general and specific regularities of anti-corruption policy of the certain states of the considered integration association. Options of the organization of bodies for fight against corruption in certain EU member-states differ in a variety. In some countries went on the way of expansion of functional obligations of the existing law enforcement agencies. In others – specialized prosecutor's offices and special services on fight against corruption are created. In parliaments of a number of the countries constantly operating commissions authorized to exercise control, investigation and verification of the relevant data on corruption are formed. In the countries with traditionally high point of an index of perception of corruption and insignificant scale of corruption crimes specialized law-enforcement services on fight against corruption are absent.

DOI: 10.7256/2306-9899.2016.1.17957

Abstract: The subject of this research is the problems of convergence of the legislations of the EU member-states in the area of indirect taxation. The object is the mechanisms and peculiarities of legal regulation of the indirect taxation as one of the backbones of integration, particularly the value-added tax (VAT) and excises. The pointed out mechanisms are being examined on the example of FRG legislation and within the EU legal boundaries – the supranational principles and normative positions, which should not be contradicted by the national acts of any country out of the EU member-states. The author comes to a conclusion that preservation of formulations of the European guidelines in implementation into the national law, by general rule, prevents the emergence of contradictions between the national and European act, but even the verbal translation does not guarantee a unified interpretation and application of the newly introduced positions among the member-states. The emerging issues are being solved by means of thorough examination of the lexical essence of the words in different languages and introducing, if necessary, the additional definitions that function in the area of implementation of the positions of the European acts. In some cases the only possible source for legal regulation is the explanation of the EU Court of Justice.

DOI: 10.7256/2306-9899.2016.1.16321

Abstract: This article examines the process of formation of the national labor legislation of Italy in the area of legal regulation of Internet employment and the influence of the supranational labor law upon it – “European Framework Agreement on Telework”. Despite the fast growing interest of the modern researchers towards the new forms and types of employment, including those that are based on the Internet technologies, the elaboration of the foreign and European labor legislation (namely the norm of labor law in the era of regulation of the Internet employment in Italy) is currently insufficient and requires more detailed attention from the scholars. Within the framework of this work the author determines the peculiarities of implementation of the “European Framework Agreement on Telework” into the national labor law of Italy, as well as underlines the level of implementation in comparison with some other countries of the European Union. The role of the national and supranational law in the establishment of the Italian labor law in the area of the Internet employment regulation is being defined.

DOI: 10.7256/2306-9899.2016.1.17122

Abstract: The subject of this research is the process of establishment in the Soviet Russia of the diplomatic and consular law. The author thoroughly examines such aspects of the topic as setting the foreign policy tasks, organization of foreign policy department, ranks, functions, rights and privileges of the diplomatic representatives; it is demonstrated how the new Russian embassies and missions were establishing overseas. One of the storylines became the history of the Russian consular law and the Soviet consular practice. Special attention is given to the legislative base, which regulates the organization of consulates of the foreign states in new Russia. The Soviet State from the first steps has been forming friendly relations with the surrounding world, and developed its own political line on the international arena. Russian legislation and the early diplomatic practice became one of the most important basis for recognition the new Russia (USSR) by the foreign nations, as well as for the establishment of the economic and diplomatic relationships between them.