Ответственность командиров в российском уголовном праве с точки зрения de lege lata
The article is concerned with the current status in Russian criminal legislation of a specific concept of international humanitarian law – command responsibility. The author traces the implementation of such norms in pre-1917 and Soviet legislation, and then turns to the current Criminal Code of 1996. He concludes that there is no overall scheme for such liability in the Russian Criminal Code because neither the general part of it with regard to complicity no the special part in its specific crimes provide the criminal responsibility of commanders. As a consequence there are difficult criminal cases where the penal responsibility of the accused might be properly established only on the basis of command responsibility.
The article provides a comparative legal of the nature of social danger with other criminal law and civil phenomena. It proves that social danger is correlated with law and pertains exclusively to criminal law. The author suggests that harm should be distinguished from social danger which has institutional rather than predicate importance from criminal 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/