Development of Russian legislation on Northern Indigenous Peoples
This article analyzes the peculiarities of Russian legislation on Indigenous Peoples of the North and its application in practice over the past 20 years. The author identifies several phases of development of this legislation and its current status, and formulates proposals for improvement of the “indigenous” legislation and related enforcement practices.
The chapter gives an overview of the development of early modern Russian law. During this period, Russian law was undergoing a definite modernization which intensified in the seventeenth and, particularly, in the eighteenth century. The law became more rational, predictable and efficient. Russia actively engaged in codification and systematization of law, and that led to the more regular application of procedure and better lawyering. Russian law quickly adapted to the social, economic and political challenges, as it was under constant revision. Legal rules became more uniform and unvarying in their application. The Russian legal system grew to be hierarchical and bureaucratic, staffed by professionals via either practice or education. Due to these changes, the legal reforms of the nineteenth century allowed the Russian Empire to become a Rechtsstaat, although it was widely criticized and often even denied by contemporaries and scholars.
Ce manuel est une première dans la coopération juridique bilatérale entre nos deux pays. Cet ouvrage est destiné à offrir aux étudiants et aux professionnels du droit et de la justice des clés de lecture communes de deux droits souvent donnés comme divergents. L'une de ses richesses majeures est de montrer comment, en dépit de législations, de doctrines juridiques et de pratiques judiciaires différentes, les droits français et russe restent, dans un nombre important de domaines, très proches. Les branches principales des droits public et privé français et russe y sont ainsi abordées les unes à la suite des autres, alternant approches françaises et russes, afin de permettre au lecteur de mieux comprendre le fonctionnement de son propre droit à la lumière du droit de l'autre pays. Plus qu'un instrument de comparaison de nos deux systèmes, ce manuel se veut donc un instrument de coopération juridique entre nos pays, invitant à s'interroger sur ce qui fait le droit et l'identité juridique d'un Etat.
This article analyzes the peculiarities of Russian legislation on indigenous peoples of North and its application in practice over the past 20 years. Stand development stages of this legislation and its current status, and formulate proposals for improving the natives of legislation and enforcement.
The report addresses the methodological challenge of studying judicial reasoning in a Codified Systems of such Western countries as France and Germany in the 19th century and Russia in the late 19th early 20th century. The difference in style of Western European and Russian decision should be explained by taking into account national legal consciousness along with black letter rules of the codes and statutes.
The monograph is devoted to the assessment of population health indicators and comprehensive analysis of the factors influencing on the health of indigenous people of Russian North.
The chapter in a monograph gives an insight into the key problems and most recent tendencies of the law and practice of mediation in Russia. Russia already has detailed federal legislation governing mediation. Also, mediation has been practised in Russia for years, even when such legislation was not in force. Furthermore, Russian law governing mediation is in rapid development. Thus current Russian experience can be of interest to legislators and practitioners from many countries which also face problems with case overload in the state courts.
The development of education of indigenous peoples of North, social order, current status and problems.
The article explored the history of Chukotka's people during the late Tsarist and early Soviet periods focusing on regional interaction patterns between indigenous and non-indigenous actors, and their change after the establishment of the new regime. The restriction and ultimate abolition of free trade in the region resulted in dissatisfaction voiced by Chukotka's pre-Soviet elites. Much attention was devoted to individual actors who were members of the regional transcultural elites during the period under study such as Frank, a Luoravetlan (Chukchi) shaman from Uelen and possibly Rytkheu's grandfather, and several non-native traders who integrated into indigenous societies and became part of the elites. The new authorities first compromised and negotiated with these people including them into the Soviet system of self-government, but then opted for excluding the pre-Soviet elites from most regional interactions. The overall policy was inconsistent and had much to do with the major shifts in Soviet politics. The article is based on the less explored indigenous and non-indigenous sources.
In the 1920s - 1940s the indigenous peoples of Chukotka, the northeastern extremity of Asia, were subjugated by the Soviet Union. This article takes a transcultural look at this process and seeks to explore what interactions shaped the region in pre- and early Soviet periods and what was exchanged through these interactions at different times. The cultural flows under study include those of material objects, diseases, language, institutions and ideas. A great deal of attention has been paid to the reception of exchange in indigenous communities, which was reconstructed based on memories and literary works of indigenous people of Eskimo, Chukchi and Even origin. The article aims to incorporate the case of Chukotka, which was subject to “socialist colonization”, into international cultural and social discourse and seeks to test transcultural methodology in a non-capitalist context.
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/