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MAIN PAGE > Journal "International Law" > Contents of Issue № 02/2019
Contents of Issue № 02/2019
International law and national law
Tatarinov M.K. - Territorial application of criminal jurisdiction pp. 1-13

DOI:
10.25136/2306-9899.2019.2.29545

Abstract: This research is dedicated to the specificities of territorial application of criminal jurisdiction. The author reveals the concepts of territoriality, extraterritoriality, and extraterritoriality of jurisdiction; demonstrates whether the various types of criminal jurisdiction (prescriptive criminal substantive or procedural jurisdiction, law enforcement criminal jurisdiction) can be applied territorially, extraterritorially, or distributed extraterritorially. The article demonstrated the details of particular manifestations of territorial application of criminal jurisdiction: national criminal and criminal procedural law abroad; proceedings via realization of the forms of international cooperation in the field of criminal justice. In the course of this study, the author determines that the territorial application of prescriptive criminal substantive jurisdiction is full, while the extraterritorial is impossible due to the concept of protection of sovereign interest. The extraterritorial distribution of law enforcement criminal jurisdiction as the process of delegation of competence is realized primarily via legal aid in criminal cases. The application of prescriptive criminal procedural jurisdiction of the requesting country is extraterritorial; moreover, it is cumulative with the territorial application of jurisdiction of the requesting country in its priority, and formally dissolutive within the framework of application of the latter.
Kurchinskaya-Grasso N.O. - Refusal to return a child to the country of ordinary residence due to his adjustment to the new environment: problems of classification and application pp. 14-22

DOI:
10.25136/2306-9899.2019.2.29646

Abstract: The unlawful relocation of a child to another country does not always entails his return to the country of ordinary residence. One of the reasons of refusal to return is “child’s adjustment to the new environment”; however, neither the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, nor Russian legislation reveals this term. There is no unanimity of vies in the judicial and doctrinal interpretation. Therefore, the problems emerge in application of the aforementioned Convention. Based on the analysis of regulations of the European Court on Human Rights, as well as case law of Italy, Russia and other countries, the author makes an attempt to determine the qualifying features of the concept of “child’s adjustment to the new environment”. The article substantiates the need for its new practical interpretation, including the characteristics of the outside actor of “new environment” (society) and the analysis of inner component (the family, in which a child lives prior to relocation). The conclusion is made on the necessity to adopt an additional protocol to the Convention, which contains the criteria allowing the national courts to unambiguously interpret the term under consideration. After the termination of one-year adaptation period, the child’s interests are not always respected, therefore, in the new additional protocol, the author suggests envisaging the right of both parties involved to request the court to establish the fact of adjustment of a minor child to the new environment earlier than the fixed period. A uniform mechanism must be developed for solving the difficulties of practical implementation of court decisions.
Development of separate branches of international public law
Lisauskaite V.V. - Special principles in the area of international protection against disasters: peculiarities of the content and recognition pp. 23-33

DOI:
10.25136/2306-9899.2019.2.29672

Abstract: The subject of this research is the characteristics of special principles of international law in the area of international cooperation on protection against disasters. The current international relations actively develop in different directions, which leads to emergence of the new fields of shared interests. One of such spheres is the international cooperation on protection against disasters – the direction actively realized within the framework of the United Nations, other universal and regional organizations, as well as in terms of bilateral cooperation. As of today, this sphere gains particular relevance from the perspective of legal regulation and direct implementation. These relations are based on the fundamental elements of the system of international law – generally recognized principles, as well as the special principles reflecting the specifics of such relations. Having analyzes the documents and practice of their application, the author determines the peculiarities of both groups of the principles in such specific area of cooperation as the protection against disasters. The current international agreements of various level and soft law documents allow forming a certain system of such principles, reflecting the issues of their establishment, application and recognition. It is concluded that the future practical implementation of the indicated principles in the area of international cooperation on protection against disasters, their consolidation within the framework of bilateral, regional and other universal agreements, will contribute to the development of relations therein, mechanism of their legal regulation, and improvement of the international institutional system.
Integrational law and supernational associations
Kaldyshev A.N. - The improvement of model legislation in the area of ensuring security in the border territory pp. 34-41

DOI:
10.25136/2306-9899.2019.2.29793

Abstract: This article explores the problems of terminological and organizational character, detected in the course of analysis of the three basic model law of the Commonwealth of Independent States (“On the State Border”, “On Border Security”, and “On Border Agencies”). Particular attention is given to proposals on the improvement of norms on regulation (elimination) of crisis situations at the outer borders of the Commonwealth, as they have not previously found reflection on the scientific or lawmaking initiatives, despite the dynamic change of situation in the border territory. Methodology contains the combination of general scientific methods, such as systemic analysis, generalization of scientific concepts and normative material. The main conclusions lies in proposals on the improvement of model legislation in the area of ensuring security in the border territory, expresses in clarification of the concept “crisis situations” and its demarcation from the related concepts. Crisis situations should become one of the types of legal regime, and the heads of the states receive the direct consolidation of authorities on responding to ongoing changes at the external borders of the Commonwealth, which require the application of collective forces of the CIS member-states.
Ryzhov V.B. - Cooperation between the European Union and post-Soviet countries in the area of education (on the example of the program Erasmus+) pp. 42-50

DOI:
10.25136/2306-9899.2019.2.29830

Abstract: This article examines the separate aspects of educational policy of the European Union with the post-Soviet states. Attention is focused on the positive experience of cooperation between EU and Russian Federation in the indicated humanitarian sphere. The author underlines the political-legal factors that determine the EU commitment to such close international regional cooperation. The effectiveness of international contractual basis in the area of education is analyzed. The goal of research lies in comprehensive assessment of relationship between EU and post-Soviet states in the area of education as of current date. Methodology contains the elements of descriptive analysis, combined with the use of case study. The research is conducted on the basis of the program Erasmus+. The author comes to the conclusion that overall the cooperation carries a limited character; however, it retains great potential for development due to popularization of the experience of separate universities. The author also observes the significant dynamics on a number of indexes with regards to collaboration between the parties.
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