Декриминализация домашнего насилия: три года спустя
The research paper analyzes the results of recent decriminalization of family battery, summarizes the judicial statistics and foreign experience in combating domestic violence. The author claims that family battery should be punished more severely than battery against unfamiliar people, however the concept of “close person” used in the previous version of Art. 116 of the Criminal Code should be revised. The article concludes that punishment in cases of domestic violence is ineffective, since the courts often impose fines which are paid out of the family budget. The author agrees with the position of the European Court of Human Rights and the United Nations: domestic violence in Russia must be criminalized again and private prosecution in such cases is unacceptable. The article also summarizes the positive experience of restorative justice in cases of domestic violence.
Article examines the case of Konstantin Markin, a military servant, who applied for the paid child care leave and was rejected due to the lack of regulation of this right in legislation on men - military servants. The case was considered by courts of general jurisdiction of Russia and by the Constitutional Court of Russian Federation, and then by the European Court on Human Rights. Due to the different understanding of norms on discrimination, CC of RF and ECHR came to different concusions. Article investigates how this conflict influenced Konstatin Markin, regulation of prohibition of discrimination in Russia and attitude of Russia towards ECHR decisions.
In this paper a study of criminal law mechanism for the protection of property with aim of establishing its relationship with inflation and deflation processes, aggravated in the Russian economy in the current financial crisis. As a result, the author found that the application of the criminal law does not solve the problem of stratification of modern society, but aggravates it.
This book offers an in-depth analysis of several national case studies on family violence between the sixteenth and nineteenth centuries, using court records as their main source. It raises important questions for research on early modern Europe: the notion of absolute power; sovereignty and its applicability to familial power; the problem of violence and the possibility of its usage for conflict resolution both in public and private spaces; and the interconnection of gender and violence against women, reconsidered in the context of modern state formation as a public sphere and family building as a private sphere.
Contributors bring together detailed studies of domestic violence and spousal murder in Romania, England, and Russia, abduction and forced marriage in Poland, infanticide and violence against parents in Finland, and rape and violence against women in Germany. These case studies serve as the basis for a comparative analysis of forms, models, and patterns of violence within the family in the context of debates on political power, absolutism, and violence. They highlight changes towards unlimited violence by family patriarchs in European countries, in the context of the changing relationship between the state and its citizens. This book was originally published as a special issue of the Journal of the History of the Family.
Research is carried out article criminally-legal mechanism property protection, its communication with the inflationary and deflationary processes which have become aggravated in the conditions of financial crisis. By the analysis of communication of the criminal law with economic processes it is established that it aggravates property stratification of a modern society.
Collection contains publications of the conference members from Belarus, Uzbekistan, Serbia, Russia and other countries, of public authorities and non-commercial entities, young scientists, students and candidates for a master’s degree. It considers new theoretical and empiric materials of theoretical-cognitive, analytical, practice-oriented nature. The material could be considered in practical, research and educational activities, as well as a recommended supplementary material for independent study. Articles of the conference members are published in author’s edition.
This article attempts to show the relevance of broadening of the restorative justice application in Russia as one of the criminal policy directions. In the introduction criteria of measuring of the restorative programmes efficiency are indicated, exisiting studies in this sphere are provided. Then, the documents where one can find the suggestions on the criminal policy development both of the academia and of the professional society are analysed. The author highlights key criminal policy directions that reflect modern problems of criminal law and justice and pays attention to possible positive effects of the restorative programmes application. The author makes the following thesis: despite the fact that combating crime that is usually declared as an objective criminal policy is not an aim of restorative justice, the broadening of the restorative justice application could become one of the criminal policy vectors in Russia.
The monography provides the complex analysis of the change of Russian criminal
legislation: its understanding, classifications and characteristics, alterability assessment
of Russian criminal legislation, perspectives of change. The suggested to the reader
monography represents a fist autonomous complex research of change processes of
Russian criminal legislation at the modern level of development in our country.
The monography is provided for scientific-pedagogical workers, postgraduate
students, students of law faculties and universities as well as for wide audience
interested in internal criminal law and criminology issues.
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/