О чем молчат судьи?, или «Nullificatio legis» в правосудии, осуществляемом с участием присяжных заседателей
In the article the author analyses a law phenomenon, which hasn’t been given a deep theoretical development in the law science of our country so far – nullification of the law in the jury trial. Having taken into account certain points of view of our country’s and foreign researches, the author gives his own view upon the considering phenomenon and suggests taking into the scientific turn of speech the author’s variant of the definition “nullification of the law in the jury trial”.
The book includes materials of the 1st International Scientific-practical Conference "Actual problems of Modern Law" on the basis of Law faculty of POSU in June 2016.
One of the controversial questions in criminology in the Republic of Kazakhstan and the Russian Federation is the definition of the subject and the validity of the methodology of criminological anthropology, which has both theoretical and practical importance. Criminological anthropology identified the subject and the methodology in the process of its formation and development. But they became the cause of many scientific discussions and polemics. Тhe author trying to understand these scientific problems.
The article aims to demonstrate that while jurors' acquittal of the famous terrorist Vera Zasulich has often been interpreted in terms of sympathy for 'a desperate girl', previously underestimated legal and political claims also played an important role in the trial. The key legal experts at the trial – her defense attorney Aleksandrov and the president of the court Koni – interpreted Zasulich’s attempt on Trepov’s life as an act of societal self-defense: Zasulich was presented as a victim of a society which could no longer tolerate arbitrariness by authorities. The flogging of political prisoner Bogolyubov following Trepov's illegal order made Zasulich desperate to take revenge in order to alert Russian society of the humiliating arbitrariness and the unfairness of thepolitical and legal structures of late Imperial Russia.
Her victimization highlighted her “moral right” to act as a defendant of true law and legality in Russia. This idea of “moral right”, which empowered Zasulich to act in defense of society, was supported by Koni's conceptualization of law and state power as an embodiment of the people's will and responsibility. This conceptualization was elaborated in detail in his scholarly legal writings scholarship on the right to self-defense. The article brings together Koni's theory and his practical role in Zasulich's acquittal and demonstrates tensions between the Great Reforms and their political and social limitations.
In the light of the analysis of certain jury peculiarities in this article the author suggests a number of practical recommendations to lawyers, defending the accused in «court equal», concerning the matters of defence strategy and tactics development, rules of behaviour and positioning the trial parties, acquisition of necessary professional skills and personal qualities.
Professional scientific publication Collection of scientific articles and theses According to the results of International Scientific and Practical Congress of Economists and Lawyers.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/