Уголовное право в России - больше чем уголовное право, но при этом оно, конечно же, в любом случае не может быть меньше как такового - по крайней мере, самого себя
The article proves that both excessive and insufficient use of criminal law measures to counteract crime cannot be justified. It also draws conclusions about how to find the 'golden mean' in this respect, which could be most beneficial to law and order. The author of the article outlines ways to improve criminal law and related laws, as well as ways to shape the modern contents of criminal law in accord with the tendencies to liberalization and pragmatization (making it more pragmatic). In particular, the author suggests making the policy of punishment differentiation more distinct taking into account the principle of justice.
Legal pluralism and the experience of the state in the Caucasus are at the centre of this edited volume. This is a region affected by a multitude of legal orders and the book describes social action and governance in the light of this, and considers how conceptions of order are enforced, used, followed and staged in social networks and legal practice. Principally, how is the state perceived and how does it perform in both the North and South Caucasus? From elections in Dagestan and Armenia to uses of traditional law in Ingushetia and Georgia, from repression of journalism in Azerbaijan to the narrations of anti-corruption campaigns in Georgia - the text reflects the multifarious uses and performances of law and order. The collection includes approaches from different scholarly traditions and their respective theoretical background and therefore forms a unique product of multinational encounters.
The main focus of this paper is the analysis of problems in the field of legislative regulation of the international abduction of children in Russia as well as of the perspectives and obstacles of the implementation of the Convention on the Civil Aspects of International Child Abduction. Russia acceded to the Convention one year ago. Author aims to study the progress achieved during this period in the field of setting the mechanisms prescribed by the Convention and in bringing Russian legislation in the conformity with standards stipulated in the Convention.
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 purpose of the Mythologies of Capitalism and the End of the Soviet Project is to show that in order to understand popular disillusionment with democratization, liberalization, and other transformations associated with the attempts of non-Western societies to appropriate the ideas of Western modernity, one must consider how these ideas are mythologized in the course of such appropriations. Olga Baysha argues that the seeds of post-revolutionary frustration should be sought in pre-revolutionary discourses on democracy, liberalism, and other concepts of Western modernity that are produced outside local contexts and introduced through the channels of global communication and interpretations of politicians, activists, and experts
This Chapter describes the history of social security legislation development abroad and presents both classical and modern models of social security in foreign countries.
There are analyzed the encountered in the title kinds of exploitation, uncovered its social danger and given the criminal legal characteristics, pointed out the ways of counteraction in the article. The author substantiates the conclusions concerning the freedom from such kinds of exploitation and the measures of combating encroachments on this freedom. There is shown the significance of the civil society institutions for the relevant areas of penal policy.
The idea of ligalization of bribe giving for certain types of bribes was expressed by K. Basu in 2011 and got a name Basu proposal. In this paper we discuss effects that can be caused by the direct implementation of this proposal. Our game-theoretic model shows that while legalisation of certain bribe-giving occurances can lead to some positive consequences, it is not always a good idea to return bribe to the bribe-giver as suggested by Basu. The chance to get the paid bribe back increases the amount of bribes that end up in corrupt officials' pockets.
This article is devoted to the Digest of the Laws of the Russian Empire – an embodiment of the operative legal system in late imperial Russia. Even though the Digest contained the law in force, and thus should be studied as a crucial source on Russian (legal) history, its meaning has been often overlooked. The reason for that is a remarkable difference between the original texts of laws adopted by the legislator, and their published form in the Digest. This difference came from the necessary editing procedures when every new piece of legislation was included in the existing system of the Digest. This strange feature of legal procedure when two different versions of a particular law – the original one and the one codified in the Digest – both remained in force should be considered as a part of official autocratic legality in late imperial Russia. Even though it may seem inefficient and irrational, the practice of obligatory codification of laws in the Digest existed for a rather long time – from 1835 until 1917. My research aims to find possible explanations for the Digest’s prolonged existence in the context of political and legal culture of late imperial Russia. What did Russian ‘official legality’ actually mean on the levels of theory and action?
The results of cross-cultural research of implicit theories of innovativeness among students and teachers, representatives of three ethnocultural groups: Russians, the people of the North Caucasus (Chechens and Ingushs) and Tuvinians (N=804) are presented. Intergroup differences in implicit theories of innovativeness are revealed: the ‘individual’ theories of innovativeness prevail among Russians and among the students, the ‘social’ theories of innovativeness are more expressed among respondents from the North Caucasus, Tuva and among the teachers. Using the structural equations modeling the universal model of values impact on implicit theories of innovativeness and attitudes towards innovations is constructed. Values of the Openness to changes and individual theories of innovativeness promote the positive relation to innovations. Results of research have shown that implicit theories of innovativeness differ in different cultures, and values make different impact on the attitudes towards innovations and innovative experience in different cultures.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
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/