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Dubovik O.L., Rednikova T.V. -
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Dubovik O.L., Rednikova T.V. -
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Grafsky, V.G. - The 5th philosophical and legal readings in the memory of Academician V.Ss. Nersesyants.
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pp. 0-0
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Abstract: The scientific message on the Fifth legal philosophy readings
of memory of academician Nersesyants, taken place in October, 2010 at Institute of the State and Law of the Russian Academy of Sciences, on the general on a theme «scientific standards in the law theory» with participation of representatives of leading centers of science of Russia, Ukraine and other countries.
Keywords:
theory of law, scientific character standards, criteria of scientific character, myth, logos, organism and mechanism metaphors, “rigid” and “soft” theories, classicism and post-classicism as methodology, continuity and novelty
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Dubovik, O.L. - Topical problems of legal regulation of
turnover of GMO agricultural crops in European law.
Risk analysis and evaluation of environmental infl uence.
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pp. 0-0
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Abstract: Growing genetically modifi ed agricultural crops is one of
the characteristic features of development of modern technologies
in the sphere of agriculture at its modern stage
globally. The goal of legal regulation of turnover of GMO
crops it to minimize the known risks and negative infl uence
on environment and human health. The author provides new
results in the sphere of risks analysis for genetically modifi
ed organisms, as well as the data of large-scale studies
of their infl uence on environment, as provided in theses of
participants of the 2nd International Conference on Problems
of Consequences of Growing GMO Agricultural Crops on
Large Territories.
Keywords:
jurisprudence, risks, evaluation, GMO, turnover, environment, law, stage, analysis, legislation.
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Dubovik, O.L. - Change of climate and its influence on dynamics and functioning of ecological systems.
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Abstract: The author analyzes directions of legal regulation in the sphere of protection of ecological system, first of all, of the natural world, with connection to the changes of climate. The author analyzes the data of natural science on changes of vegetation, invasions of new types onto the new territories, which, in turn destroys endemics, worsens the quality of forests, and causes otehr negative consequences. The author evaluates the possibilities of international law, regional and national legislation in the sphere of formation of correct legal and organizational means of climate protection, environment protection, preservation bio-variety, especially concerning forests.
Keywords: jurisprudence, law, ecological law, climate, ecological system, monitoring, growth, bio-variety, monitoring, plant world
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Seregin, N.S. - The USA: the search for the reference points for the foreign policy.
Fukuyama, F. America at the Cross-Roads. Democracy, Power and the Neo-Conservative Legacy. M.”Khranitel”, 2007, - 283 p.
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Abstract: From November 21 to 23, 2008, a conference dedicated to the law of foreign investment was held within the framework of the cooperation project of leading scientific and educational institutions of Azerbaijan, Germany, Kazakhstan and Russia. The conference was attended by leading scientists and specialists from these countries, as well as representatives of international organizations. During the conference, the most pressing problems of legal regulation of foreign investments at the present stage were raised, as well as prospects for the development of this branch of law were outlined. The conference was attended by such prominent experts in this field as A. Trunk, G. Velyaminov, M. Suleimenov, R. Hausmann.Keywords: conference, investment law, bilateral investment agreement, ICSID, MIGA, UNCTAD, Kiel University, Institute of State and Law, Volkswagen Foundation, A. Trunk, G. Velyaminov, M. Suleimenov, R. Hausmann, I. Farkhutdinov
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Kotov, A.S. - Perspective of investment cooperation: Azerbaijan, Germany, Kazakhstan, Russia.
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Abstract: From November 21 to November 23, 2008 within the framework of cooperation of the leading scientific and scholarly institutions of Azerbaijan, Germany, Kazakhstan and Russia, the conference was held, which was devoted to the law of foreign investments. Leading legal scholars and practitioners from these countries took part in this conference, and so did the representatives of international organizations. The conference was devoted to topical problems of legal regulation of foreign investments at the current stages, as well as perspectives of this branch of law. Among the renowned scholars, who took part in this conference, there were A.Trunk, G.Velyaminov, M.Suleymanov, R.Hausmann.
Keywords: conference, investment law, the bilateral investment treaty, ICSAD, MIGA, UNCD, the Kiel University, The Institute of State and Law, the Volkswagen Fund, A. Trunk, G. Velyaminov, M. Suleymanov, R. Hausmann, I. Farkhutdinov
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Kotov A.S. - Perspectives of investment development: Azerbaijan, Germany, Kazakhstan, Russia.
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Abstract: From November 21 to November 23 2008 within the project of cooperation of the leading scientific and scholarly institutions of Azerbaijan, Germany, Kazakhstan, and Russia there was a conference on the law of international investments. The leading scholars and professionals of those states took part in this conference, and the discussion included most topical issues on regulation of foreign investments at the foreign stage, as well as the perspectives of development of this branch of law. The conference included such renowned legal scholars, as A. Trunk, G. Velyamninov, M. Suleymanov, R. Hausmann.
Keywords:
konferentsiya, investitsionnoe pravo, dvustoronnii investitsionnyi dogovor, MTsUIS, MIGA, YuNKTAD, Institut gosudarstva i prava, A. Trunk, M. Suleimenov, R. Khausmann, I. Farkhutdinov
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Psyol, O.P. - Legal problems of realization of the principle of the united destiny of the plot of land and the building on it in case of inheritance.
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Abstract: On May 22, 2007, the Institute of State and Rights of the Russian Academy of Sciences hosted an international scientific conference "Post-Soviet Statehood: Problems of Development". It was attended by employees of various research institutions and universities in Moscow, teachers of peripheral universities, researchers from CIS countries. Her review is presented in this article.
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Guseinov, A.I.-ogly. - The problem of values in legal science.
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Abstract: The study of phenomenon of law based on culturological approach allows us to see the depths of nature of legal material related to the mental scenarios. For example, it is obvious that the law is expressed not only in written sources, but rather in the combined expression of the mode of thinking characteristic of a particular culture. What are the recognized values of various culture and how do they correlate in legal science?
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Chikhladze, L.T. - Historical and theoretical aspects of development of local self-government and local government in the European states.
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Abstract: Study of historical experience in the sphere of city, community and village self-government plays a great role, when one tries to analyze the issues related to the genesis of the state and law as a whole. This publication presents to the reader L.T. Chikhladze's work on municipal history.
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A.A. Anichkin - Sverdlovsk Scientific and Practical Conference.
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Dubovik, O.L., Zhalinsky, A.E. - New approaches to the problems of corruption.
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Abstract: This article was written after one of the authors (O.L. Dubovik) took part in the conference "Political corruption in its historical perspective", which took place at the Center of Interdisciplinary Studies of the University (in Bielefeld, Germany).This article includes analysis of the most interesting speeches at the Conference, and it also includes some thoughts of the authors on new approaches to corruption.
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Savin, A.A. - Types of legal consequences of unconcluded contracts
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Abstract: The article provides issues of legal consequences of unconcluded contracts, which are differentiated depending on fact of presentation and its acception. The author analyzes a number of problem aspects of application of norms on unjustifiable enrichment to the relations on unconcluded contracts. The author regards the problems of fault of the agent, who leaves the negotiation process without respectable causes
Keywords:
jurisprudence, unconcluded contract, unconcluded deal, negative legal fact, unjustifiable enrichment, civil law responsibility, civil law responsibility, culpa in contrahendo, conclusion of contract
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Kononets, A.N. - Concession agreements and their role in the sphere of railway transportation: history and modern time
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Abstract: This article is devoted to concession agreements and their value in the sphere of railways transportation. The role of concessions grows in the modern world. Mass media more and more stress upon the need to introduce concessions in the sphere of railway transportation. However, Russian history knew concessions, including ones in the sphere of railway transportation in XIX century. Modern stage of reform of transportation calls for analysis of experience of the past.
Keywords:
jurisprudence, concession, railway transportation, Russian Empire, joint-stock company, preference, benefit, Charter, partnership, privilege
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Grafsky, V.G., Lapteva L.E., Varlamova, N.V., Pakhalov, M.Y. - The 4th Phylosophical and Legal Readings devoted to the memory of the Academician V.S. Nerseyants
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Abstract: Information on theses of the 4th Philosophical and Legal Readings devoted to the memory of the Academician V.S. Nerseyants/ The participants analyzed constitutionalism in the variety of its aspects. The authors talk of both general philosophical bases of constitutionalism, and some of their elements in practice and political and philosophical thought.
Keywords:
jurisprudence, constitutionalism, state, philosophy, history, power, culture, individual, teaching, conference
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- Dispute on violation of copyright
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Abstract:
DOI: 10.7256/2454-0706.2013.6.8304
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DOI: 10.7256/2454-0706.2014.1.10237
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Chalabi, B.I. - The eighth philosophical and legal readings
to the memory of academician V.S. Narsesyantsa
“Law and literature”
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pp. 98-118
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DOI: 10.7256/2454-0706.2014.1.52144
Abstract: The report of eight philosophical and legal readings to the memory of the academician that took place on the
2nd of October, 2013, in the Institute of State and Law of RAS (Russian Academy of Sciences). The readings became the
first event in Russian jurisprudence dedicated to the direction “Law and Literature”, widely discussed in 1970 in the
world of science. The main idea of the organizers came down to creating the conditions for joint consideration by jurists
of exemplary embodiments of the topic “Law and Literature”, with reference to the research of the best practices of
foreign science, as well as to the possible use of these best practices for the benefit of the public and professional legal
education. The participants presented their views on the problem of complementarity and mutual assistance in law, and
artistic-imaginative comprehension of the world of law communication and legal conflicts, as well as understanding the
role and importance of literature in the upbringing of younger generations, attaching both general educational, national
and cultural experience, as well as nationwide, world and civilization experience to the analysis.
Keywords:
jurisprudence, legal theory, legal history, law philosophy, law anthropology, law and literature, society, jail, justice and inter-disciplinary studies.
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R. A. Kalamkaryan, N. V. Krotkova - Legal security of a person in Russia. Menaces and summons in the sphere of jurisprudence (based upon the materials of the scientific and practical conference).
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pp. 111-125
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V. A. Kryazkov - Meeting of the Consultative Council of Constitution (Charter) Control Chairmen (Review of Addresses).
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pp. 113-118
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A. P. Fokov - Sudebnaya reforma: itogi i perspektivy.
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pp. 115-119
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V. I. Khairullin - The notion of justice in the works of Michel de Montagne.
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pp. 117-131
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A. Ju. Jakimov - Utilization of Scientific and Technical Achievements in Providing Road Safety.
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pp. 118-122
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T. E. Shubert - Generally recognized principles and norms of international law, international treaties in the practice of constitutional justice (a brief overview).
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pp. 119-124
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A. V. Pushkin - Obsuzhdenie aktual'nykh problem razvitiya obshchestva i prava v novom tysyacheletii.
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pp. 119-122
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Vadim De Mentiev - "Aronization" of Humanities.
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pp. 119-121
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O. V. Kozub - Essay of the article of Charles Jeffery "Rejection of reform of German federal system after unification of German!"
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pp. 121-129
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A. I. Bobylev - Acute Problems of Ecological and Land Law and Legislation (All - Russian Scientific and Practical Conference).
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pp. 122-128
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S. A. Buriyanov, S. A. Mozgovoi - The conception of state-confessional relations: from declaration of freedom of conscience towards anti-constitutional state policy of religion (denomination) preference.
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pp. 123-128
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A. Ju. Jakimov - Topical Problems of Ecological, Land Law and Legislation (All-Russian Scientific-Practical Conference) (End).
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pp. 123-131
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A.M.Nechaeva - Protection of the rights of the child within the family legislation of Russia.
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pp. 124-130
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- Recommendations of the All-Russian Meeting "Generally recognized principles and norms of international law and international treaties of the Russian Federation in the practice of constitutional justice".
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pp. 124-127
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Jeremy Travis - International Strategies of Delinquency Prevention in the Societies of Transitional Period: Problems and Perspectives.
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pp. 124-125
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O. L. Dubovik - Crisis of the Criminal Law and Criminal- Legal Theory.
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pp. 126-130
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V. V. Kolesnik - Moscow Legal Forum "Globalization, State, Law, XXI century".
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pp. 128-135
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S. A. Burjanov - Sacralization of Power by Violating Human Rights and Freedoms Threatens the Russian Constitution System.
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pp. 128-132
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V. E. Berezko - Views of B.N. Chicherin on political freedom as a source of people's representation.
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pp. 129-133
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A. P. Fokov - Peculiarities of the Ombudsman Institution in the USA.
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pp. 130-134
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I.Z. Farkhutdinov - The Caspian is not a sea, Tuzla is not an island. Review of speeches at the International Conference on Legal Problems of the Caspian Sea, the Azov Basin and the Multipurpose Use of Marine Spaces. (December 2-5, 2003, Moscow).
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pp. 131-140
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D.I. Sepanov - Competition in the field of legal regulation (international conference at Tilburg University).
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pp. 131-140
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R. A. Kalamkaryan - International law guaranteeing of security of a man (On the materials of the Round Table").
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pp. 131-141
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R.A. Kalamkarian - Christianity. Morality. Law (Materials of the Scientific Conference Devoted to the 2000 Years of Christianity).
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pp. 131-138
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V. K. Poddubny, D. V. Pankratov - System of Personnel Training for CCS of Russia on the Threshold of the XXI Century: Results and Perspectives.
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pp. 131-140
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A. K. Golitchenkov - Main Approaches to the Russian Federation Ecology Draft Code Conception.
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pp. 132-136
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Abstract:
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J. A. Krochina - Legal Policy and Legal Life ("Round Table").
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pp. 133-136
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Abstract:
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T. K. Vahitov - The former procedure of arrest and detention must be canceled.
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pp. 134-144
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Abstract:
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A.I.Bobylev, R.G.Minniakhmetov - Actual theoretical problems of the legal system of society.
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pp. 134-143
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Yu. V. Kachanovskij - Roman law and problems of modern civilistics (VII Congress of roman law specialists of countries of Central and Eastern Europe).
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pp. 134-136
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Abstract:
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- Interregional scientific and practical conference "The system of law of the subjects of the Russian Federation: problems of formation and development" - The origin of constitutional theories in Russia at the beginning of the XIX century.
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pp. 135-151
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T. V. Petrova - On the Tax System Ecologysation.
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pp. 136-143
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V. D. Kondratiev, A. J. Jakimov - Safety on the Roads at the Border of Centuries.
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pp. 137-144
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Kuznetsov, S.S. - Economy and law (Faizullin, G.G. Legal issues of state government in the sphere of agriculture: Russian Law "Law and State", Moscow, 2004, p. 296).
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pp. 138-139
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Abstract: This review presents to the reader G.G. Faizullin’s monograph, which is devoted to a number of topical issues related to management of the agriculture at the time of the agricultural reform in Russia. In his monograph G.G. Faizullin studies a number of theoretical problems on managing the agriculture, summarizes the existing practice of the judicial, executive and legislative bodies in this sphere, pays much attention to the issue of managing the agriculture at the subjects of the Russian Federation. Author also formulates the concept of the food security including definition of food supply security, its principles, specific features of government body activities in this sphere. This monograph is of interest to scientists and practitioners, lecturers, undergraduate and postgraduate students, employees of state and municipal organs, working in the sphere of agriculture.
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A. N. Seregin, N. N. Tarasov - Russian Academy of Sciences on Destinies of Russia in the XXth Century.
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pp. 139-142
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Minniakhmetov, R.G., Faizulin, G.G. - Law-making and law-enforcement activities in the Russian Federations: theoretical and practical issues.
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pp. 140-144
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Abstract: On February 20-21, 2007, the Ufa branch of the Ural State Law Academy held the All-Russian scientific and Practical conference "Law-making and law enforcement activities in the Russian Federation: issues of theory and practice", dedicated to the 450th anniversary of Bashkiria's entry into Russia and the 5th anniversary of the Ufa branch of the Ural State Law Academy. This article presents a report on the work of this conference.
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G.G. Faizullin - Development of regions and enterprises in the context of Russia's accession to the World Trade Organization.
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pp. 141-151
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I.Z. Farkhutdinov - International law in the context of globalization.
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pp. 141-149
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E. Shugrina - Professional ethics of a lawyer: problems of teaching.
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pp. 141-145
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Abstract:
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Farkhutdinov I.Z. - In the name of the ideals of humanity. Review of the seventh competition of Russian students in International humanitarian law named after F. Martens.
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pp. 142-146
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N. L'vova - Lawyers' use of certain ADR methods on the example of consumer protection cases.
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pp. 142-143
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A. I. Bobylev - About teaching methods and scientific inheritance.
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pp. 142-143
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A. I. Bobylev, V. V. Nikischev - Role of Contract in the Regulation of Social Relations (Materials of the All-Russia Scientific-Practical Conference).
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pp. 142-149
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V. N. Zhoukov - Scientific and practical conference "The Place of State and law, philosophy of law and history of political teachings in the system of higher juridical education.
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pp. 143-143
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Avenir Samige - Muslim law in the world and in Russia.
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pp. 144-148
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I. Z. Farkhutdinov - In memory of academic V.N. Kudryavtsev.
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pp. 145-149
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Abstract: A significant event in the field of European cooperation was the Regional European Congress, which took place on August 2-4 this year in Berlin, the capital of Germany. More than 400 researchers from 38 countries participated in this scientific forum, not only from Europe, including Russia, but also from the USA, Canada, and Japan. One of the participants of this European Congress was a Doctor of Law, senior researcher at the Center for International Legal Studies of the Institute of State and Law of the Russian Academy of Sciences, a member of the Russian Association of International Law, who is concurrently Deputy editor-in-Chief of the All-Russian scientific legal journal “Law and Politics” Insur Zabirovich Farkhutdinov, who kindly agreed to talk about the most important topics and problems discussed at such a representative conference.
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- Moscow State Juridical Academy’s 75th Anniversary
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pp. 147-151
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Yarovenko, V.V., Poleschuk, O.V. - Criminological studies of illegally made fire arms.
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pp. 149-151
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Abstract: On November 11−13, 2006, an international conference on the theory of criminal law of China and Canada was held at Shandong University (People's Republic of China, Jinyan). More precisely, the conference should be called the conference on the theory of criminal law of China, Russia and Canada, not only because the Russian delegation outnumbered the Canadian one, but also, more importantly, because the problems raised are significant for the domestic science of criminal law…
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V. E. Shinkevich - We shall not tolerate criminalization of Siberia (International scientific and practical conference).
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pp. 149-150
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I.Z. Farkhutdinov - On the 60th anniversary of the All-Russian Scientific Research Institute of the Ministry of Internal Affairs of the Russian Federation.
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pp. 150-151
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Abstract: Congratulations! On 19th of December 2005 it’s 60th anniversary of the All-Russian Scientific Research Institute of the Ministry of Internal Affairs of the Russian Federation. This Institute is a head scientific research organization, which holds and coordinates scientific studies in the spheres of operative investigation, criminal law, criminal procedure, administrative process, criminology, mobilization and other spheres of activities of the internal affairs bodies…
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- 6th Philosophical and Legal Readings named after Academician V.S. Nersesyants.
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pp. 185-202
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Abstract: Report on the Sixth Philosophical and legal readings in memory of Academician V.S. Nersesyants on the topic "A legal person from the point of view of eternity", held in October 2011 at the Institute of State and Law of the Russian Academy of Sciences with the participation of leading Russian experts in the field of history, theory and philosophy of law.
Keywords:
yurisprudentsiya, antropologiya, chelovek, Nersesyants, obshchenie, kommunikatsiya, pravo, filosofiya.
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Nagornaya I. - Economic Criminal Law: Europe’s and Russia’s perspectives
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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.
Keywords:
economic criminal law, international law, criminal law, international cooperation, economic crimes, money laundering, Criminal law, illegal entrepreneurship, legal entities liability, criminal policy
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Nagornaya I.I. - Economic Criminal Law:
Europe’s and Russia’s perspectives
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pp. 265-271
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DOI: 10.7256/2454-0706.2015.2.52371
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.
Keywords:
Economic criminal law, international law, criminal law, international cooperation, economic crimes, money laundering, Criminal law, illegal entrepreneurship, legal entities liability, criminal policy.
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Grafsky, V.G. - The XXV Congress of the International Association of the Philosophy of Law. Address and texts of two speeches.
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pp. 364-376
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Abstract: This article includes information on topical issues and problems of philosophy of law, as discussed at the XXV Congress of the International Association of the Philosophy of Law, which took place on August 15-20, 2011 in Frankfurt-on-Maine (Germany),which was entitled “Law. Science. Technology”.
Keywords:
jurisprudence, philosophy of law, subjective law, natural law, positive law, law, technology, Kelsen, Alekseev.
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Zhalinsky, A.E. - The review of the book “Criminal, criminal procedural and criminal enforcement law of Hungary” by Khistina Karsai and Zsolt Szomora
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pp. 368-371
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Abstract: The article includes characteristics of the mechanism of national criminal law system of Hungary, which is at the same time brief and full of information. Hungary have had close ties with the Russian legal system for many years, which influenced its own legal system. Last 20 years of development of Hungarian criminal law and criminal procedure can be described as a process of adaptation to the new challenges of the criminal situation and international obligations on one hand, and reopening the classic sources of criminal legal regulation on the other hand.
Keywords:
jurisprudence, Hungary, criminal law, criminal enforcement law, criminal procedural law, Hungarian national legal system, mechanism of criminal law, novels in the prescriptions under the international standards, law-making, classification of crimes.
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A. V. Stovba - A. REINACH AND N.N. ALEKSEEV: AT THE ORIGINS OF THE PHENOMENOLOGY OF LAW
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pp. 371-376
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Abstract: The article is devoted to understanding the origins of the phenomenology of law. The phenomenological concepts of N.N. Alekseev and A. Reinach were chosen as the starting point of the analysis. As a result, the author comes to the conclusion that the philosophical and legal approach of N.N. Alekseev is a synthesis of phenomenological ideas with the Russian philosophy of unity, while the philosophy of A. Reinach is built on the Husserl dichotomy of semantic and empirical realities.
Keywords:
fenomenologiya, vseedinstvo, eidos, pravomochie, trebovanie, pravovoi fenomen.
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Rerikht A.A. - Justice as an advantage to economy: between the expectation and reality (positions of the German legal experts)
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DOI: 10.7256/2454-0706.2015.3.13292
Abstract: This article presents some of the main results of a discussion on the role of justice, especially the legal system and the judges in Germany at the current stage of development of the society and the state with regards to not only law and order as a whole, but also in area of economy. The author highlights the statements made by the participants of the discussion on the flaws in the functioning of the German judicial system and its staff; the worsening of the material and procedural legal norms and the increase of their volume; the lack of public informing on the tasks and abilities of the modern courts, and the difficulties that the judges are faced with when they review civil, labor, or other cases. These and other elements, although somewhat lower the effectiveness of the legal system, do not take away from its importance, as German courts and judges are synonymous with high professionalism, independence and an extremely low chance of corruption. In the conclusion, the author reflects the positions of the experts on the ways and measures of improving the judicial system and defining the balance between the expectations and the reality of its function with regards to economy.
Keywords:
Corruption, law, court, court proceedings, judicial system, judges, labor arguments, justice, economy, lawyer
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Rerikht A.A. - Justice as an advantage to economy: between the expectation and reality (positions of the German legal experts)
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pp. 440-443
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DOI: 10.7256/2454-0706.2015.3.52393
Abstract: This article presents some of the main results of a discussion on the role of justice, especially the legal system and the judges in Germany at the current stage of development of the society and the state with regards to not only law and order as a whole, but also in area of economy. The author highlights the statements made by the participants of the discussion on the flaws in the functioning of the German judicial system and its staff; the worsening of the material and procedural legal norms and the increase of their volume; the lack of public informing on the tasks and abilities of the modern courts, and the difficulties that the judges are faced with when they review civil, labor, or other cases. These and other elements, although somewhat lower the effectiveness of the legal system, do not take away from its importance, as German courts and judges are synonymous with high professionalism, independence and an extremely low chance of corruption. In the conclusion, the author reflects the positions of the experts on the ways and measures of improving the judicial system and defining the balance between the expectations and the reality of its function with regards to economy.
Keywords:
Corruption, law, court, court proceedings, judicial system, judges, labor arguments, justice, economy, lawyer
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Dubovik, O. L. - Basic Trends of the Criminal-Environmental Law Reform
in Germany
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pp. 836-842
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DOI: 10.7256/2454-0706.2013.6.52001
Abstract: The author of the article analyzes the results of discussing
the German reform of criminal-environmental legislation
conducted in Berlin as a part of the conference on the
problems of implementation of the 45th Law on changes and
amendments to the Criminal Code of Germany. Lately lawmakers
of many countries try to consider new tendencies and
make certain changes in regulatory acts related to criminal and
administrative responsibility for violation of the environmental
law. The brightest example is the Directive 2008/99/EU
about the protection of environment by the criminal law as
if November 19, 2008. The Directive contains not only a signi
ficant number of provisions to be taken into account by the
law-makers of the EU member states during a two-year period
but also justification of adopted decisions. The Directive was
implemented by German law-makers when they adopted their
45th Law on changes and amendments to the Criminal Code of
Germany as well as federal laws about environmental protection,
hunting and waste products.
Keywords:
crime, punishment, criminal environmental law, sanction, reform, directive, law, negative inß uence, environment, attempt.
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Dubovik. O.L. - Criminal legal influence on legal entities: comparative analysis of international, European, German and Russian
law.
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pp. 1448-1452
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Abstract: The article includes the review of the First Russian-German Criminal Law Seminar, which took place in the Moscow State University
named after M.V. Lomonosov on June 28, 2012, where the participants attempted to fi nd solutions to topical problems of criminal responsibility
of legal entities, and to establish the perspectives for their implementation. The seminar was organized by the Law Faculty
of the Moscow State University named after M.V. Lomonosov and by the Institute named after Max Planck on Foreign and International
Criminal Law (Freiburg, FRG). The problems of legal responsibility of legal entities are acutely topical, and they have been attracting
attention by both Russian and foreign legal scholars for many years. The author analyses effi ciency and proportionality of introduction
of criminal responsibility of collective subjects, as well as the correlation of means of criminal legal infl uence with the administrative and
civil law measures. The Russian and foreign specialists express various opinions both for and against the introduction of responsibility
of legal entities into the criminal codes. The theses show the experience of various states, as well as the historic analysis of this issue.
Keywords:
jurisprudence, criminal, responsibility, legal, entity, Russia, Germany, fine, efficiency, proportionality.
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Dubovik, O.L., Rednikova T.V. - Advancement of the effi ciency of protection of genetic resources in the world
practice.
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pp. 1968-1972
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Abstract: The article contains analysis of the experience of various countries in the sphere of formation and regulation of the common
funds of genetic resources, as presented in the reports at the International Simposium, which was devoted to the regulation
of access to genetic resources, traditional knowledge and sharing the benefi ts, which was held in the city of Bremen,
Gemany, and also to the relevant provisions of the Convention on Biological Variety and Nagoi Protocol to it.
Keywords:
jurisprudence, genetic resources, funds, biological variety, legislation, profi t, plants, protocol, convention
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Nagornaya, I.I. - International round table on scientific heritage of A.E. Zhalinsky.
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pp. 2098-2103
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Abstract: The article is devoted to the results of the International
Roundtable \"Scientific Heritage of A.E. Zhalinsky\", which
was held on October 19, 2012 by the Department of Criminal
Law of the Faculty of Law of the National Research University
\"Higher School of Economics\" and devoted to the 80th anniversary
since the birth of the Doctor of Law, Professor, Merited
Scientist of the Russian Federation, Head of the Department of
Criminal Law and the Professor Ordinarius of the NRU HSE
Alfred Ernestovich Zhalinsky. The author provides brief characteristics
of speeches of the participants of the round table,
which reflect the evaluations of the scientific heritage of A.E.
Zhalinsky and develop his scientific positions. The participants
discussed stages of his scientific work, as well as contents of his
main works, with special attention paid to the evaluation of the
fundamental works by A.E. Zhalinsky by his foreign colleagues.
Keywords:
jurisprudence, forensic studies, criminology, ecology, politics, repression, economics, lecturer, FRG.
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