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DOI: 10.7256/2454-0706.2013.7.8981

Abstract: The review on the book by A.A. Rericht - Theoretical bases of medical law. Problems of formation and development (Moscow. INION, 2011, 214 p.) the importance and timeliness of this book are noted. This monograph is one of rare works in the modern Russian legal science, which is devoted to the theoretical issues of medical law, such as the definition of medical law, object and method of legal regulation, principles of medical law, independence and system of medical law, its correlation with other branches of law. The author of the book sets a goal to develop theory of medical law in order to facilitate its formation as a whole, well-developed and efficient branch of law, capable of meeting the demands of modern Russian healthcare. The structure of the book includes the preface and three chapters, and it allows the author to express his vision of theory of medical law in much detail. The logic of the book follows from the social bases of medical law through the theoretical categories supporting its independence to the legal institutions within the branch of law. The book, which is being reviewed clearly expresses the position of the author on all of the topical issues regarding the definition of medical law, object of its regulation, and its place within the legal system. The medical activity together with other supporting types of activity is fairly regarded as a central category of medical law, defining its social purpose. The book is written based upon the analysis of a large number of Russian and foreign scientific works, Russian and foreign legislation and judicial practice. The book clearly shows that development of theory of medical law, which would reflect upon its nature, goals and social functions is no less important than the formation of the necessary legal basis.

Keywords: healthcare, healthcare legislation, medical activity, medical law, object of regulation, method of legal regulation, principles of medical law, system of medical law, theory of medical law, institutions of medical law

DOI: 10.7256/2454-0706.2014.1.10007

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DOI: 10.7256/2454-0706.2015.3.14441

Abstract: This article present a peer review of the monograph “Legal Models and Reality” prepared by the members of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, under the leadership of Professor, Doctor of Juridical Sciences, and a Merited Scientist of the Russian Federation Y. A. Tikhomirov. The monograph is dedicated to the research of the legal models as the forecasted versions of the optimal legal regulation of future legal events and processes that reflect the level of current legal order and the trend of its progression, stages and indexes of economic, social and political development. Posing the problem of legal modeling required solution of new theoretical and practical-scientific tasks – substantiation of the role of the leading legal effect nature, types and development of new legal models based on modern theories and concepts, determining factors and versions of real deviations and planned legal models, formulation of proposals on improvement of the process of implementation of legal models. The author of this review analyzes the entire “life” cycle of the legal model – from the conception of the legal idea to its realization. The author illuminates the obstacles in the way of materialization of law into an objective reality.

Keywords: monograph, effectiveness of the legal regulation, legal regulation, deviations within the law, legal models, peer review, reality, legal order, trends, deviations

DOI: 10.7256/2454-0706.2015.3.52391

Abstract: This article present a peer review of the monograph “Legal Models and Reality” prepared by the members of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, under the leadership of Professor, Doctor of Juridical Sciences, and a Merited Scientist of the Russian Federation Y. A. Tikhomirov. The monograph is dedicated to the research of the legal models as the forecasted versions of the optimal legal regulation of future legal events and processes that reflect the level of current legal order and the trend of its progression, stages and indexes of economic, social and political development. Posing the problem of legal modeling required solution of new theoretical and practical-scientific tasks – substantiation of the role of the leading legal effect nature, types and development of new legal models based on modern theories and concepts, determining factors and versions of real deviations and planned legal models, formulation of proposals on improvement of the process of implementation of legal models. The author of this review analyzes the entire “life” cycle of the legal model – from the conception of the legal idea to its realization. The author illuminates the obstacles in the way of materialization of law into an objective reality.

Keywords: monograph, effectiveness of the legal regulation, legal regulation, deviations within the law, legal models, peer review, reality, legal order, trends, deviations

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.

Keywords: public opinion, law, protest, politics, environment, anti-nuclear movement, citizens, activists, social group, democracy

DOI: 10.7256/2454-0706.2015.4.52410

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.

Keywords: public opinion, law, protest, politics, environment, anti-nuclear movement, citizens, activists, social group, democracy

DOI: 10.7256/2454-0706.2013.9.9385

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DOI: 10.7256/2454-0706.2013.9.2341

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DOI: 10.7256/2454-0706.2014.8.12685

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DOI: 10.7256/2454-0706.2014.8.52256

Abstract: The review provides references to the positions of criminal law science of Bulgaria and Russia on the issues of modeling the system of crimes in the criminal legislation of the modern period and in the historical aspect. Efficient and substantiated systems of crime systematization (there is over 100 of them right now) are aimed at guaranteeing sustainability, stability and efficient application of norms of criminal law, but still science has not provided for an optimum model, and the current legislations of Bulgaria and Russia still do not satisfy the criteria and conditions for the systemic character. The author notes similarities in many positions of Bulgarian specialists regarding modeling the system of crimes and positions reflected in the Russian criminal law literature. It is noted that the collection is a source of information on the modern situation and tendencies in the criminal law of Bulgaria after it joined the EU, and on the movements in the Bulgarian science of criminal law. The author of the review pays attention to the fact that lately this information became less easily accessible and it is less often used for comparative legal studies in general and studies in criminal law in particular. The author notes high level and detailed character of analysis of many issues whether concerning models of the system of crimes or historical legal analysis.

Keywords: Law, review, crime, criminal law, criminal law prohibition, the Criminal Code of the Republic of Bulgaria, categorization of crimes, criminal law norm, organized crime, systemic character.

DOI: 10.7256/2454-0706.2016.10.20570

Abstract: This review on the 4 volumes edition of “Selected Works” of A. E. Zhalinskii describes the main fields of his research, many of which have had a significant impact on the theory of criminology, criminal law and comparative legal studies in in Russia. At first, the authors of the review offer the reader a short portrait of the personality of A. E. Zhalinskii, then the consecutive review of the volumes, and last but not least, general characteristics of all his scientific creativity and thinking as a whole.The edition includes the publications of different years, illustrating the author’s views, especially on social functions and methodology of criminology (vol. 1), goals and ways for criminal law’s updating (vol. 2), content and main tasks of criminal political science (vol. 3), legal profession and methodology of legal research (vol. 4). The scope of interests and encyclopedic knowledge allowed A. E. Zhalinskii to go beyond the boundaries of traditional legal studies and provide new directions for the development of national criminal law and criminology. The well-grounded criticism of the current state of the research in these fields and the proposed theoretical-instrumental approach as the tool for its renovation deserve attention from the professionals. The works of A. E. Zhalinskii on the links and interactions between criminal law and economics as well as on the role of criminal law in the system of the state control on economic activities are particularly interesting. The review noted the contribution of the author to modernization of legal education in Russia, especially, the development of a new academic discipline, describing the essence of legal profession. The publications of A. E. Zhalinskii on foreign criminal law and comparative studies are not ignored in the review. In the review the author appears as an original thinker and scholar, whose works are not tied to a specific period of time of its publication, but are methodological in nature.

Keywords: legal profession, legal education, comparative legal studies, criminal law and economics, criminal political science, theoretical-instrumental approach, criminal law, criminology, legal studies, methodology of legal research

DOI: 10.7256/2454-0706.2016.10.52720

Abstract: This review on the 4 volumes edition of “Selected Works” of A. E. Zhalinskii describes the main fields of his research, many of which have had a significant impact on the theory of criminology, criminal law and comparative legal studies in in Russia. At first, the authors of the review offer the reader a short portrait of the personality of A. E. Zhalinskii, then the consecutive review of the volumes, and last but not least, general characteristics of all his scientific creativity and thinking as a whole.The edition includes the publications of different years, illustrating the author’s views, especially on social functions and methodology of criminology (vol. 1), goals and ways for criminal law’s updating (vol. 2), content and main tasks of criminal political science (vol. 3), legal profession and methodology of legal research (vol. 4). The scope of interests and encyclopedic knowledge allowed A. E. Zhalinskii to go beyond the boundaries of traditional legal studies and provide new directions for the development of national criminal law and criminology. The well-grounded criticism of the current state of the research in these fields and the proposed theoretical-instrumental approach as the tool for its renovation deserve attention from the professionals. The works of A. E. Zhalinskii on the links and interactions between criminal law and economics as well as on the role of criminal law in the system of the state control on economic activities are particularly interesting. The review noted the contribution of the author to modernization of legal education in Russia, especially, the development of a new academic discipline, describing the essence of legal profession. The publications of A. E. Zhalinskii on foreign criminal law and comparative studies are not ignored in the review. In the review the author appears as an original thinker and scholar, whose works are not tied to a specific period of time of its publication, but are methodological in nature.

Keywords: legal profession, legal education, comparative legal studies, criminal law and economics, criminal political science, theoretical-instrumental approach, criminal law, criminology, legal studies, methodology of legal research

DOI: 10.7256/2454-0706.2014.11.12686

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DOI: 10.7256/2454-0706.2014.11.52310

Abstract: This article presents the analysis of the positions of the notion “personal property”, “right of ownership”, and “right of property ownership”, which are being developed within the various branches of law (Russian and foreign). It characterizes the criticism of the author of the study regarding the liberal and other economic theories. The per review underlines the fundamental normative base of the treatise, which consists of legislative and other acts of United Kingdom, Spain, France, Germany, Netherlands, and other member states of the European Union. This article broadens some of the main arguments of the book’s author, specifically those relating to the contradictions between private and public allocation of right of land ownership to the corresponding branches. A special attention is given to the analysis of the “neighborhood” laws that the author of the book has conducted, as well as the right of ownership of other (besides land) natural resources.

Keywords: Land, peer review, limitations, environment, legal relations, legislation, private property, property, land lot, authority.