"Осторожно в пытках поступать": предложения по реформированию следствия и уголовного процесса в законопроектах 1720-х гг.
The article is devoted to the question about the legislative commission in the 1720’s drafts were of the innovative character as to compare with Russian and European legislation and contained suggestions for reforming of investigation and inquisitorial procedure. They proposed to formalize and limit usage of the torture that could be legitimate only for the gravest crimes and used only for once. These novelties became a law in the 1760’s.
Traditionally, the common law countries are famous as countries of precedent law. At present times they are distin- guished by increasing share (proportion) of legal acts (statutes). This phenomenon makes more actual the issue of efficiency of law-making process. There is noted in the article that in international legal doctrine exists now such direction (school), as legistics, which explores elaboration of theory of law-making and of criteria of its efficiency. Author looks at specifics of law- making process in states belonging to legal family of common law. Despite this belonging these states are differed in its forms of rule. That condition permits author to clear general and special characteristics of law-making, ways and means of interac- tion of executive and legislative in parliamentary monarchy and presidential republic. Author emphasizes big measure of centralization of process mentioned in United Kingdom and other countries of Westminster model. It distinguishes lobbyism in these countries from lobby activities in US .In particular, author studies correlation of legislative process stages, influence of party discipline upon voting of deputies. Parliamentary supremacy is a root of significant role of legislative in law-making. In US model role of Congress was rather modest one. In the same time practice demonstrates both models currently are under change. Principle of strictly divided powers in US model leads to increasing role of Congress.
And role of Parliament is reducing in the countries of Westminster model of parliamentary supremacy. Author imple- ments various methodological methods in the article. Combining normative and sociological approach gives opportunity to analyze law-making process as a whole, to discover correlation of legally established social model and its social content, to check efficiency of such model in regulation of social interests connected with bill.
This tutorial textbook is dedicated to normwriting as an independent science and consists of two parts. In the first (general) part are sanctified general theoretical problems of normmaking and norm-setting legal technique. The second part of (special) is devoted to technology standards-related activities and serves as a guide to the preparation of a variety of technologies of various types of normative legal acts. The textbook is designed for students of the course normografii, and may also be useful to deputies, state and municipal officials, researchers, teachers and anyone interested in the problems of standard-setting and legal monitoring.
The author analyzes the features of the Russian law school, in particular, considering the difference in the interpretation of the "rule of law" and "law-bound state" concepts , the differences in lawyers mentality and circumstances of the experts selection process in competent state bodies.
As an example of the interpretation differences the author provides a detailed analyzes of the Russian Constitutional Court decision on the constitutionality of the treaty between the Russian Federation and the Republic of Crimea on the adoption of the Republic of Crimea to the Russian Federation and the formation of new subjects within the latter.
Since its publication in 1843, La Russie en 1839 by Custine has lent itself to contradictory interpretations. Illuminating its historical context, this edition reveals what the author owed to his predecessors and signals the details of Russian life which he saw or guessed as well as those he badly understood or even transformed. The edition is richly commented by Vera Milchina and Alexander Ospovat (see: Notes, pp. 899-1124.