Электронный журнал Юридические исследования - №4 за 2014 г - Содержание, список статей. ISSN: 2409-7136 - Издательство NotaBene
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 04/2014
Contents of Issue № 04/2014
State institutions and legal systems
Akhrameeva O.V. - Russian service state: theoretical fundamentals of the public strategies for the guarantees of private and public interests. pp. 1-28


Abstract: Mentions of "service" are usually associated with goods, monetary and trade relations, customers and market, choice of goods.  In the legal sense this term may be related to private interests as opposed to public relations and state.  However, the new age - the age of service is actively spread around the globe in the sphere of public relations.  The author based her studies upon analysis and comparison of state programs and strategies, as well as on the post-neo-classical concept of public services (also known as managerism theory) regarding transfer of some public functions into the private sector of economy.  At the same time comparing the basic theory and its Russian implementation, the author also analyzes other modern possibilities for this theory, as implemented in different states. The author shows how public and private interests are correlated in the implementation of the concept of service states, and how the terms "service", "public service" are defined and what place they take within the state, what goals are set into the new strategic programs, how public strategic programs and  the concept of "state as a firm" are related. This concept is presented in the book by Hans-Adam II, Sovereign Prince (Fürst) of Liechtenstein - "The State in the Third Millennium". In order to illustrate how the concept of service state is implemented in Russia, the author evaluates the procedures applied in the arbitration court proceedings, notariat and advocacy. In spite of domination of market aspects within the concept of service state, the leaders of the Russian Federation do not provide for the transfer of all of the state functions into the private sphere.  Additionally, the author speaks against usage of the "state as a firm" concept, since it is attractive due to the possibility of complete abolishment of bureaucratic apparatus, but it provides only for the representative functions of the state in the international arena, and that of an arbitrator for the private companies in the domestic sphere.  However, in Russia as a great multi-national federation, it is impossible to use the method which is developed and applied in a small unitary Principality - state.  It is also supported by the legislation on service and information technologies and federal target programs and state strategies presented in the Addresses of the President of the Russian Federation.
State security
Makarova T.V. - Bases for the classification of the terrorism victims. pp. 29-58


Abstract: The article is devoted to the issues of classification of the terrorist crimes victims.  The author provides her own definition of the victim of the terrorist crimes (terrorism).  The author then provides a classification of victims - natural persons, legal entities, public institutions based on the legal status of a victim, defined character of a victim (victims), degree of registration of victims in the official statistics, types of damage caused to  the victims. The author provides an additional characteristics for the terrorism victims (natural persons) depending on their social and demographic characteristics: sex, age, labor capability, role (social status), amount of material damage, citizenship, international legal status. Classification of legal entities - victims of terrorist crimes is offered based upon the grounds developed by the civil law scholars (forms of property, founders, formation procedure, rights of participants,  amount of material damage, etc.). The author also formulated the conclusion that classification facilitates more in-depth and efficient study of the terrorism victims, which is necessary for the victimologic preventive measures regarding terrorist crimes.
History of state and law
Kodan S.V., Vladimirova G.E. - Definition of requirements towards the system, contents and implementation of legislative acts in the Basic State Laws of the Russian Empire of 1832-1892. pp. 59-105


Abstract: The article shows the provisions in the Basic Laws of the State of 1832-1892 for the main parameters of the Russian positive law. The authors analyze the contents of the Basic Laws regarding consolidation of legal provisions on defining system and types of legislative acts, requirements to the publication of laws, procedures for amendment and the scope of application of norms (temporal, territorial, range of persons). At the sam time the authors analyze the legal sources, providing for the requirements to the positive law in the Basic Laws.  Based upon historical and formal legal methods the authors analyze the sources and contents of the Basic Laws regarding the requirements to legislation. The scientific novelty is due to the fact that the article provides analysis of the Basic State Laws of the Russian Empire of 1832-1892 regarding the parameters of positive law. It is shown that for the first time in the history of the Russian law the legal provisions, which were previously spread in various legal acts, were consolidated and provided as a system of paramters and requirements to the current legislation.
Belkovets L., Belkovets S.V. - Restoration by the Soviet Government of Russian (Soviet Union) citizenship or re-emigrants among the members of the White Movement and the political emigrants. pp. 106-169


Abstract: The article concerns the policy of the Soviet government towards the participants of the White movement and the political emigrants in 1920s-1930s. The author studied the processes of restoration of the Russian citizenship and return of the emigrants to their Motherland. The Soviet government used various means to fight ideological opponents and counterrevolution, but it allowed the amnesty for all the former Russian citizens, who have not committed grievous crimes against it, allowing them to return to their Motherland or to restore their Russian (Soviet) citizenship.  The author showed the process of cooperation between the People's Commissariat for Foreign Affairs and the Supreme Commissioner of the League of Nations Fridtjof  Nansen on the issues of refugees and repatriations of the "Russian refugees". The author expresses an original (for the modern attitudes) point of view on the problem of "philosophical ship" of 1922. Based upon the combination of historical and legal facts with the use of the scientific evaluation method and based upon the achievements of Russian and foreign historiography, the author attempted to form a picture of historic reality, which is very close to the objective truth.  The legislation of the RSFSR (SSSR) on the issue of citizenship of the "former Russian nationals" in 1920s- 1930s was defined by the revolutionary events in Russia, as well as consequences of the World War and the Civil War.  The policy of the Soviet Government was aimed at fighting counter-revolutionary organizations, who continued anti-Soviet activities and wished to return the property, that they have lost.  It was only towards such persons and entities that the government actively used limitation and deprivation of citizenship rights in order to support its position and to protect itself from external and internal enemies.  But the Soviet state took every effort to keep the citizenship for the Russians, who were willing to take part in the formation of a new society and a new state without exploitation and oppression.
Legal and political thought
Shchuplenkov N.O. - On the issue of contents of natural law in the works of Russian thinkers of second half of XIX - early XX centuries. pp. 170-207


Abstract: The article concerns the specific features of development of natural law views in Russia in XIX - early XX centuries. The author analyzes the main factors, which facilitated the formation and development of the natural law concept in the Russian legal thinking. The history of development of views of natural law in Russia in the XIX - early XX centuries finds its roots in Christianization of Russia, and its further development is due to the Europeanization of Russia. These factors shall keep their influence in the future as well, however, the issue of expressing authenticity of Russian Orthodox Christian spirituality through all the layers of the Western European philosophical and legal heritage shall gain more and more importance. Evaluating the development of the natural law, one should apply the unity of historical and logical methods of study. This unity may be found in setting the logical model free from accidental historical layers. The logical scheme of development of natural law is applicable to the various historical situations, and it is not related to accidental temporary matters. The historical reconstruction of legal development is required for the logical understanding of its patterns, and logical understanding of the objective historic development of law is also needed to reveal the inner mechanisms of its patterns. Christianity made the Russian life more humanistic, and it brought Russia onto a new moral orbit in the relations among the people and the ideas of due behavior at all of the levels of social relations. Additionally, Christianity facilitated Europeanization of Russia including the mental and moral levels. Europeanization of Russia took place rather slowly and it was opposed by the conservative elements at all levels. In any case Christianization of Russia facilitated the development of natural law views in the Russian history. However, the history of formation and development of the natural law concept was rather long and contradictory.
International law
Fedorchenko A.A. - Procedural rights of victims in the judicial proceedings of the international criminal tribunals ad hoc. pp. 208-224


Abstract: The article concerns three existing forms of participation of victims in the processes of the international criminal tribunals ad hoc: as witnesses, as amicus curiae, as significant statements of victims. The author analyzes the rules for the functioning of hte international criminal ad hoc tribunals and their judical practice. The author notes considerable difference in attitude towards regulation of access of victims as such to the judicial proceedings in the ad hoc tribunals and the permanent criminal court (the International Criminal Court). In the tribunals the victims as such do not gain much of a right to participate, they are just involved as witnesses.  Therefore, the ad hoc tribunals fail to recognize that the victims may have lawful interests in the participation in the proceedings in this very status. The tribunals have made attempts to change the rules,  and the significant statements of victims were introduced.  However, the Prosecutor remains the main source of protection of the interests of victims, since the victims have no access to tribunals. Obviously, this unfortunate experience of the tribunal caused the ICC to take a different approach towards the victims. Their access to the hearings is acceptable, while the provisions regulating this access are not sufficiently clear, and are rather ambigous.
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