Уголовно-правовые меры противодействия контрабанде
Providing a legislative framework for the term of Illegal trafficking as an illegal and criminally punishable act is considered as a regulatory guide for its governmental counteraction. The author
demonstrates the need for the term of Illegal trafficking study due to recent criminal and customs laws changes in Russia. The article provides results of research on origins of the term of Illegal trafficking in Russian legislation. These results reveal that in the pre-revolutionary period the term was set in customs laws. Meanwhile, the author states that the term was used to describe any activity related to secret movement of goods across the customs border or despite them or to describe evasion of taxes
and custom duties. The Soviet customs law provided even wider definition of the illegal trafficking term. It also included a list of associated activities. Modern Russian legislation also defined the term differently. Besides, the term is used both in customs and criminal law. Since illegal trafficking in Russia is defined as criminally punishable act in customs law, the author closely studies interrelation between the criminal and customs legislation relating to illegal trafficking definition. The author states
that current criminal law definition can not be defined without customs regulations. The author also analyses customs legislation, points out its weaknesses and suggests ways of optimization.
The Commentary has been prepared mainly by the lecturers of the Department of Criminal Law of the Law Faculty of the National Research University “Higher School of Economics” (with the involvement of teachers from other higher education institutions). The publication bases on the theoretical principles and judicial review. It analyses key points in the content of the Criminal law.
The book is devoted to problems of legislative, theoretical and judicial defining of subject of economic crimes in Russian and German criminal law in connection with legal persons. The authors analyze the current theoretical conceptions and case law and formulate proposals for improvement of present approaches. The special attention is given to liability of competitive manager for crimes committed in course of bankruptcy.
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/