Russian Criminal Legislation on Crimes against Peace and the Security of Humankind: A Critical Evaluation
The article is devoted to the issues of implementation of international humanitarian law provisions into Russian criminal law. The article provides an outline of key problems presented in the provisions of the General and Special Parts of the Criminal Code of the Russian Federation, as well as of their possible solutions. The author also analyzes the fundamental issues concerning sources of criminal law and their conformity with international obligations.
The main focus of this paper is the analysis of problems in the field of legislative regulation of the international abduction of children in Russia as well as of the perspectives and obstacles of the implementation of the Convention on the Civil Aspects of International Child Abduction. Russia acceded to the Convention one year ago. Author aims to study the progress achieved during this period in the field of setting the mechanisms prescribed by the Convention and in bringing Russian legislation in the conformity with standards stipulated in the Convention.
Professor Hans-Hajnrih Eshek has protected the thesis for a doctor's degree in 1949 in Tjubingen on a theme: «Responsibility of state structures on the international criminal law - researches in connection with the Nuremberg process»; has created the concept of a uniform roof of Institute of foreign and international criminal law of Max Planck. His organizing work has come to the end in 2007 with creation of "the International research school of comparative criminal law» and criminological school for doctoral candidates «infl uence Measures, mediation and punishment». Approximately 600 works devoted to the General part of criminal law, to punishments, measures of correction and safety, the Especial part, and also criminally-procedural right is published by him.
An initial–boundary value problem for the generalized Schrödinger equation in a semi-infinite strip is solved.
A new family of two level finite-difference schemes with averaging over spatial variables on a finite mesh is constructed, which covers a set of finite-difference schemes built using various methods. For the family, an abstract approximate transparent boundary condition (TBC) is formulated and the solutions are proved to be absolutely stable in two norms with respect to both initial data and free terms. A discrete TBC is derived, and the stability of the family of schemes with this TBC is proved. The implementation of schemes with the discrete TBC is discussed.
This monograph is dedicated to both theoretical and practical problems of joint application of International Humanitarian Law and International Human Rights Law norms in armed conflicts. Special emphasis is made on the contradictions between norms of both branches of International Law in the sphere of protection of right to life and right to liberty. Conclusions made by the author are based on the analysis of norms of International Law, practice of their application by international organizations and states, decisions of the International Court of Justice, The UN Human Rights Committee, The European Court of Human Rights, The Inter-American Commission and Court of Human Rights, The African Commission on Human' and Peoples' Rights, international and mixed criminal courts and tribunals, as well as legal literature.
In the collection of published articles and materials of the participants 10 Congress of the International Association of experts on legislative developments. Presented scientific and practical perspectives on modern legislative process, perspectives and methods of its improvement
Not all cases of targeted killings occurring in armed conflicts, which could have been regarded to be legal under provisions of IHL, would stay examination under criteria of a new complex approach. Far from majority of these targeted killings would satisfy to the requirements of a prudent preparation and planning, absolute necessity, strict proportionality and an effective investigation. However, as a result, it cannot be argued that all cases of intended use of force against concrete persons suspected to be members of armed groups or civilians taking a direct part in hostilities during armed conflicts are illegal. There remains a small group of situations, in which the whole range of circumstances will justify these actions, but overwhelming majority of them will be situated in the real “combat” sector of military operations. Application of the “complex test” would definitely have a significant impact on the grey areas, rendering almost all of cases belonging to it out of law.
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/