Дело судна "Арктик Санрайз" в Международном трибунале по морскому праву
The commentary analyses the proceedings before the International Tribunal for the Law of the Sea in the case of the Dutch ship "Arctic Sunrise", which was arrested in the exclusive economic zone of the Russian Federation, and the Tribunal's decision on provisional measures to release the vessel and its crew. For the first time in its history, the Russian Federation boycotted interstate proceedings in the international court. The author addresses the possible consequences of this decision.
Author considers the doctrinal views and a legislative regulation of criminal and legal jurisdiction of the different states. It is offered radical reforming of the scientific basis of jurisdictional theories of the main world systems of law. He offered a new position to considering of international approach to protection of the criminal law sovereignty.
The paper studies the issue of widening Russian criminal law jurisdiction based on the Federal Law of May 5, 2014 № 91-FZ under the title On Applying the Provisions of Criminal Caw of the Russian Federation and the Criminal Procedure Code of the Russian Federation on the territories of the Republic of Crimea and the City of Federal Status Sebastopol. Within the normative legal act, legislators rejected the traditional way of the differentiated fixture of the principles of criminal law in time and space by unifying them in the text of the conflict-of-law rule. Historically, both in Russian and foreign criminal law, the analogues of such a decision, which aggravated with incorrect legal mechanics regulation, has caused an ambiguous interpretation of the conflict-of-law rule produced by Article 2 of the Federal Law mentioned. Judicial practice applies the prescription in question only in terms of retrospective criminal law. Judicial opinions lack any traces of the aspect of territorial jurisdiction. This interpretation is seen incorrect due to the impossibility to apply it to the legal relations connected with the Federal Law mentioned and with rules Articles 11 and 12 of the Russian Federation Criminal Code. Hence, without the Federal Law mentioned, the Criminal Code of Russian Federation is not applied to the deeds committed on the territories of the Republic of Crimea and the City of Sebastopol before March 18th, 2014. Thus, the doctrinal interpretation of norm of Article 2 of Federal Law № 91-FZ as a dualistic time and space conflict-of-law rule is seen more realistic as it is based on the analysis of classical patterns of normative prescriptions. The author criticizes the legislative regulation in Article 2 of the Federal Law mentioned due to the lack of legal mechanics, material inner conceptual contradictions, inconsistency between the dualistic approach and the classical postulates of the Russian legal theory of criminal law. On the basis 111 Kyrill Tsay. Non-Classical Extraterritoriality of Criminal Law. Р. 103–111 of analysis of Russian and foreign legislation as well as judicial practice, the author proposes his own version of Article 2 for the Federal Law № 91-FZ.
The article shows that during the criminal jurisdictional activities within its attention involved not only criminals but also victims of crimes, witnesses, relatives of the suspects, all of them, just random people. And all of them in some way affected by various elements of the criminal-law response, which often puts them in servitude, i.e. has the effect of their exploitation, attacks on their freedom. The same arguments underpinning for the prison service is its appearance as an independent. Conclusion that, in combination with exploitation of food-falsification, tobacco, alcohol and drug service types listed above constitute a considerable danger and therefore require a fairly strict penal reaction.
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/