The article examines the practice of early release on parole for persons before being sentenced. The pre-trial restrictions concern detention and house arrest. The main purpose of the article is a reasonable response to the question about whether the right to set off time of detention under house arrest in six months’ imprisonment necessary for the emergence of the right to parole? To achieve the purpose, the article analyzes the current enforcement practice and opinions of scientists on this issue and then based on the results presents arguments to defend author’s position. The key findings of the research are: 1) offsetting time spent in detention to calculate a factual time in imprisonment to address the issue of parole is a common practice based on the positions of the highest judicial bodies of the country and supported by part of scholars in the field of criminal law; 2) when deciding in practice on recalculating time under house arrest, the decision is based on the following reasoning: since the time of the person under house arrest shall be credited to the period of detention, and the detention period is included in the term of imprisonment, when calculating the actual period of detention, imprisonment for parole period of house arrest should be included in that period; 3) this reasoning is flawed because it is based on a dogmatic rather than systemic interpretation of the Criminal Code and Code of Criminal Procedure without understanding the role of the set six-month term in the parole system of criminal law measures; 4) by its nature, the deprivation of liberty and detention of a person from the point of criminal law are almost identical, but the house arrest is substantially different from them; 5) the paper proposes to 54 Russian Law: Conditions, Perspectives, Commentaries amend the Resolution of the Plenum of the Supreme Court of the Russian Federation of 21.04.2009 № 8 “On Judicial Practice Parole from Serving a Sentence, Replacing the Unserved Part of Punishment with a Milder one”.
The book “From the “land of incarcerations” towards the society with a minimal use of pain: Finnish experience of reducing the prison population” includes articles and essays written by Tapio Lappi-Seppälä, Inkeri Anttila and Patrik Törnudd and translated into Russian. Authors reflect on factors, realization, consequences and significance of penal reforms in Finland. The book contains also the pictures made in a number of Finnish prisons.
At the moment Finland is on one of the last places in Europe in terms of prison population rate (55 prisoners per 100 000 inhabitants by 1.1.2016) though at the beginning of 1950s the number of prisoners was about three times higher and Finland was famous as a “land of imprisonment”. This change was the result of the consistent penal reforms since 1960s: decriminalization of a number of actions, day-fine reform, reducing minimum time for parole, expanding the use of fines and conditional sentence instead of prison, reducing the length of pre-trial detention, introduction and expansion of community service etc.
The article is devoted to the analysis of the provisions of the Welsh Laws of Hywel the Good, related to the criminal law. The law remained the main source of law in Wales until the conquest of the Principality of English by King Edward I in 1284, and the introduction of Statute of Rhuddlan in 1284. The creation of the Act is attributed to the Welsh King Hywel the Good (X century), although the earliest surviving manuscripts of the Act are dated back to the 13th century. Particular attention is given to the substance of the third part of the Act "Justices' Test Book", original manuals, knowledge of which was mandatory for the administration of the duties of a judge. This part of the Law distinguishes the contemporary medieval vaults from the Laws of Hywel the Good. "Justices' Test Book", which is a set of rules of criminal and procedural law, consists of sub-sections, dealing with murder, theft, fire, compensation for damage caused to property, personal injury. The main part of the "Justices' Test Book" is dedicated to order payment of all sorts of compensation and fines associated with the commission of an offence. The author emphasizes the role of the clan in Welsh society: all fines and compensation payments were laid on the shoulders of the perpetrator and his relatives.
A major issue addressed in the article is the evidence of the commission of the offence by the accused. The author draws the attention to the process of announcement and the process of finding an acquirer in bad faith of assets recognized as stolen. It is interesting that such a rule is found in the Russian Justice and Swedish Vestgjotalage. The author finds the ascendancy of compensation payments for damage caused prevailing over the above penalties in Welsh law, explaining this relative weakness of public authorities on the one hand and the other by legal tradition, as even the increased power of Welsh Princes in the XII-XIII centuries. has not led to significant changes in the rules.
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/