Russian Report on Individual Liability for Business Involvement in International Crimes
This article is a review of Russian criminal law on complicity in light of the corporate reality. The types of complicity and the objective and subjective elements of complicity are analysed. Based on this, the debatable issues of complicity are expounded. Then, Russia’s minimalistic approach to international crimes in criminal legislation is analysed with reference to recent case law and its problems. Lastly, corporate involvement in criminality is reviewed with reference to issues of corporate criminal liability and liability of corporate officials. Particular attention is given to general principles of imputation of a criminal deed which took place in a corporate activity to a natural person, the liability of shadow officials and liability for omission. This article concludes with some predictions about the problems that Russian criminal legislation is set to encounter.
Find the content of the national heritage of the Russian Federation as priority object criminal legal protection that includes values that are the subject of special pride of Russians. Develops the idea that the framework of our national heritage - citizens, their rights and freedoms, intellectual, moral and material affluence of other dignity, private life, which is both a result and a source of public life. We show that a national asset Russia in substantial part is both a global domain, and therefore infringing on it should, as a general rule, be characterized as crimes of an international character.
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.
The article is devoted to the definition of legal nature of the FATF Forty Recommendations on anti-money laundering and Nine Special Recommendations on Terrorist Financing. The first part of the article observes the creation and development of the FATF Forty Recommendations and Nine Special Recommendations on Terrorist Financing. Next, the article considers the question of determining the legal status of the recommendations of the FATF.
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/