О содержании религиозных экстремистов и террористов в УИС России. Правовые аспекты
The article is devoted to the conditions of detention of religious extremists and terrorists in places of deprivation of liberty. Based on an analysis of the ideological, psychological and behavioral characteristics of people who embarked on the path of religious extremism and terrorism, the necessity of their isolated solitary confinement in places of deprivation of liberty is substantiated. A legal solution is provided for the problems of isolated solitary confinement of persons convicted of religious extremism and terrorism in the criminal executive system of Russia.
The article touches approach of the modern Islamic legal thought to the Islamic state and caliphate. The author explains the fundamental principles if Islamic concept of the power (caliphate) and points out that this concept was gradually deviating from real political practice. The caliphate itself remained as a political institution till the collapse of the Ottoman Empire after the World War I. After emergence of Islamic State of Iraq and Levant (ISIL) the caliphate converted to concrete political project. In June 2014 ISIL which changed its name to become “Islamic State” (IS) declared creation of caliphate. In practice the Shariat implementation in IS comes to mass killings, forcing nonmuslims to adopt Islam, interference into internal life of Muslim states and terror attacks. The modern Islamic legal thought criticizes IS severely stressing on its violence of religious postulates and Shariat provisions.
To answer this question the author analyses the nature of the revolutionary crisis in Russian traditional agrarian society and possibilities to overcome it by using different legal reform strategies. This bulk of social technologies was elaborated by Imperial administration in the period of Great Reforms and practically used at the beginning of XX-th Century in order to enforce agrarian transformation and to stop the Revolution in Russia. In the situation of unstable social balance, which is typical for all countries under modernization, danger of the revolutionary break was not fatal and could be avoided by skillful reformers. From this point of view the author makes representation of variable parameters of revolutionary conflict, analyses mistakes of liberal reformers and legal possibilities to overcome the revolutionary crisis of 1917.
In what follows I make two interrelated claims: 1. It is necessary to understand terrorism as a communicative action, not as a negative label. There are thus 5 major types of terror actions (Affective, Traditional, Value-Rational, Rational and Hyper Rational), which have little in common. The term ‘terrorism’ itself is an empty abstraction and it is impossible to ‘fight terror’. 2. Terrorism may be and often is much more morally constrained than ‘warrism’. Terroristic struggle is, at least in theory, morally superior to war. Two case studies (Russian terrorism and Chechen terrorism) are provided as empirical justification of the claims.
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/