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Publications of Nagornaya Irina
Politics and Society, 2015-6
Nagornaya I. - Negligent Crimes Against Life and Health in Russia and France

DOI:
10.7256/2454-0684.2015.6.15588

Abstract: The topic of the research is the influence of the character of a certain duty or a norm of behaviour on the subject's attitude towards the violation of those. Special attention is paid to the possibility that the subject realises that a violation may lead to more or less serious external changes. The article considers direct and indirect influence of a person on the result, which becomes extremely important in connection with the negligent form of guilt. The article analyses the norms of the French criminal law that demonstrate close connection between objective and subjective features which helps to create the fullest image of a negligent crime. The types of negligence according to the French law cannot be mechanically placed in the Russian realia. However, the analysis of the French experience facilitates the understanding of negligent crimes committed in the Russian Federation, and helps to get closer to the solution of certain problems of their qualification. Considering the issues of criminal liability for negligent crimes in Russia, it could be helpful to separate negligence based on its degree (severity) - namely, to simple and severe. Severe negligence takes place under violations of the duties that obviously threaten the secured values of the victim. Simple negligence is not connected with such violations, which complicates the realisation of the possible consequences that requires additional efforts. Further development can either wholly depend on the subject (in this case the connection between his action and its consequences is admitted to be direct) or be to a large extent determined by the behaviour of the third parties and other factors (in this situation, the subject influences the result only indirectly). The analysis of Russian legal precedents regarding the crimes both connected with improper performance of professional responsibilities or not, allows to distinguish typical situations that require different criminal legal evaluation. It is suggested to create a list (a catalogue) of such situations, based on the expert knowledge in different areas of professional activities. The article also separately examines the situations that do not give evidence of severe negligence, which only indirectly contribute to the result. The article raises question of impossibility of criminal prosecution in these cases. The analysis of Russian legal precedents regarding the crimes both connected with improper performance of professional duties or not, allows to distinguish typical situations that require different criminal legal evaluation. It is suggested to create a list (a catalogue) of such situations, based on the expert knowledge in different areas of professional activities. The article also separately examines the situations that do not give evidence of severe negligence, which only indirectly contribute to the result. The article raises question of impossibility of criminal prosecution in these cases.
International Law and International Organizations, 2015-4
Nagornaya I. - Peer review of the book: Corruption and Conflicts of Interest: A Comparative Law Approach / Edited by Thomas Perroud, Jean-Bernard Auby, and Emmanuel Breen – Cheltenham, Northampton: Edward Elgar Publishing, 2014. – 324 p.

DOI:
10.7256/2454-0633.2015.4.15287

Abstract: This article presents the analysis of the international collective monography dedicated to the means of counteracting corruption and conflict of interests, including those on the international level. The author examines the role of international organizations, including World Trade Organization, World Bank, as well as international development banks in achieving this goal. The research reveals the purpose of separate anti-corruption mechanisms, including codes of ethics, and effectiveness of sanctions. The authors of the book reveal the merits and flaws in the existing measures, and make conclusions on possible improvements. They study international documents, experience of the work of the international organizations, their cooperation, aid to countries, as well as practical realization of the principle of honesty in the public sector. The importance of improving the system of state administration, including overcoming corruption and resolving conflict of interests, determines nation’s ability to achieve economic success. This task cannot be solved without taking into consideration the international standard. Participation in issuing international loans of transnational corporations and partnerships takes the corruption problem to a new level, requiring its broad discussion and a proper organization of countermeasures.
Legal Studies, 2015-3
Nagornaya I. - Litigation and alternative dispute resolution procedures in foreign countries. Book review: Litigation and dispute resolution / Ed. by M. Madden. – L.: Global legal group, 2013. – 2nd ed. – 288 p. pp. 136-145

DOI:
10.7256/2409-7136.2015.3.14483

Abstract: The subject of consideration is the monograph written by an international team of authors and dedicated to the judiciary of different countries and alternative dispute resolution procedures. Particular attention is paid to the mediation procedure. The regulatory framework and various projects are analyzed, in particular the projects related to the implementation of international obligations, including Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes. The summary procedure and writ proceedings are considered. The most interesting issues are the improvement of dispute resolution and confidentiality of the mediation procedure. Each country is described in a separate chapter of the book, which has a clear structure and considers information disclosure, legal fees, etc. The alternative dispute resolution procedures are supplement to the judicial process and help to reduce the costs of the parties and the period of resolving the cases. That's why the appropriate projects gain the state support.
Law and Politics, 2015-2
Nagornaya I. - Economic Criminal Law: Europe’s and Russia’s perspectives

DOI:
10.7256/2454-0706.2015.2.14262

Abstract: On October 17, 2014 the Law Faculty of the National Research University “Higher School of Economics” hosted an international roundtable event called “Economic Criminal Law”: Europe’s and Russia’s perspectives” in honor of the Doctor of Juridical Sciences, Professor, and Merited Scientist of the Russian Federation Alfred E. Zhalinsky. The proceedings included presentation of the first volume of his selected works dedicated to criminology, as well as reports on the topic of the roundtable. Some of leading Russian and foreign scientist have taken part in this event. The article offers the Key positions of the reports made by the participants, including those on the need to form a separate independent sub-branch of Economic Criminal Law. An evaluation is given to the changes made to the Criminal Code of the Russian Federation. The participants of the roundtable have reaffirmed the need for the more thought-out changes in criminal law, as well as the strengthening of the cooperation between Russian and other countries. The contribution of Alfred E. Zhalinsky into the cooperation with Germany has also been highlighted. A special attention should be given to the participation of Russia in the international organizations and the use of the capabilities of international law.
Law and Politics, 2015-2
Nagornaya I. - Economic Criminal Law: Europe’s and Russia’s perspectives

DOI:
10.7256/2454-0706.2015.2.42685

Abstract: On October 17, 2014 the Law Faculty of the National Research University “Higher School of Economics” hosted an international roundtable event called “Economic Criminal Law”: Europe’s and Russia’s perspectives” in honor of the Doctor of Juridical Sciences, Professor, and Merited Scientist of the Russian Federation Alfred E. Zhalinsky. The proceedings included presentation of the first volume of his selected works dedicated to criminology, as well as reports on the topic of the roundtable. Some of leading Russian and foreign scientist have taken part in this event. The article offers the Key positions of the reports made by the participants, including those on the need to form a separate independent sub-branch of Economic Criminal Law. An evaluation is given to the changes made to the Criminal Code of the Russian Federation. The participants of the roundtable have reaffirmed the need for the more thought-out changes in criminal law, as well as the strengthening of the cooperation between Russian and other countries. The contribution of Alfred E. Zhalinsky into the cooperation with Germany has also been highlighted. A special attention should be given to the participation of Russia in the international organizations and the use of the capabilities of international law.
Law and Politics, 2014-11
Nikiforov A.A. -

DOI:
10.7256/2454-0706.2014.11.12544

Abstract:
Law and Politics, 2014-11
Nikiforov A.A. -

DOI:
10.7256/2454-0706.2014.11.42489

Abstract:
Legal Studies, 2014-10
Nagornaya I. - Informed Voluntary Consent to Medical Intervention and Responsibility of Medical Personnel pp. 74-88

DOI:
10.7256/2305-9699.2014.10.1317

Abstract: The author analyses the legal regulation of obtaining informed voluntary consent to medical intervention from a person or person’s legal representative. Requirements for the form and substance of such consent are considered. It is pointed out that compliance with the former presumes due execution of the required documents and with the latter – informing the patient (the patient’s legal representative) about the purposes, methods of providing medical care, associated risks, possible options for medical intervention, its consequences and about the anticipated results of such medical care. Examples are given from court precedence related to holding medical personnel administratively and criminally liable in connection with violation of the statutory rules on obtaining the patent’s consent to medial intervention. The article analyses the matters relating to the responsibility of medical personnel for providing medical intervention without giving the patient the full details. The systematic analysis of the Russian law, court precedence and the Canadian doctrine and the position of the judicial authorities of Canada was carried out in order to identify any experience that may be applied to the Russian environment. The conclusion is made that it is reasonable to prepare the wording for specific essential elements of an offence which entail responsibility of medical personnel for non-observance of the patient’s right to receive the fullest possible information in an easily understandable form if the consequences of such non-observance are grievous bodily harm or other grievous consequences caused by the nature of the medical intervention and not by the guilty acts of the medical personnel. The mediñal personnel should select the communication manner which corresponds to the patient’s objective condition, age and ability to understand information while at the same time avoiding any unnecessary “intimidation” or underestimating the risks involved.
Taxes and Taxation, 2014-9
Nagornaya I., Nikiforov A. -

DOI:
10.7256/2454-065X.2014.9.12794

Abstract:
International Law and International Organizations, 2014-4
Nagornaya I. -

DOI:
10.7256/2454-0633.2014.4.13157

Abstract:
International Law and International Organizations, 2013-2
Nagornaya I. -

DOI:
10.7256/2454-0633.2013.2.6955

Abstract:
Law and Politics, 2012-12
Nagornaya I. -
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Law and Politics, 2012-12
Nagornaya I. -
Abstract:
Law and Politics, 2012-5
Nagornaya I. -
Abstract:
Law and Politics, 2012-5
Nagornaya I. -
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