Determining the nature and role decisions of the Plenum of the Supreme Court is one of the most pressing problems in the Russian legal science and practice. But to date as of theoretical scientists and among legal practitioners disagree about the role and importance of decisions of the Plenum of the Supreme Court , their legal nature and location of sources of Russian criminal law . The article defines the legal basis for action decisions of the Plenum of the Supreme Court , determined by their legal nature . The general characteristic of decisions of the Plenum of the Supreme Court on criminal law , conflict of laws provisions examines some individual decisions of the Plenum of the Supreme Court , explaining some signs criminal prohibitions , raises the question of allocating decisions of the Plenum of the Supreme Court to the sources of criminal law.
This article considerations in the context of the introduction of criminal liability for legal entities – which is currently being discussed in Russia. It provides an historical overview of the discussions in this respect, and further sheds light on the contemporary practice of liability for legal entities in the Russian Federation, outlining the pros and cons of the institution of criminal liability for legal entities. Despite the fact that respective legislative draft laws were intiated in Russia, the country still remains one of the few countries in Europe where criminal liability for legal entities is currently not stipulated by law.
This paper deals with the actual problems of protection of religious freedoms in Russia. The author analyses the evolution of the legislative regulation and case law against the background of varying political and ideological agendas.
In the article on a concrete example of the newest political practice of Russia, the problem of the possibility of self-dissolution of the parliament (its lower house) is considered. Although such a question about the early termination of the powers of the State Duma emerged as a bureaucratic move in the pre-election tactics, and not as a solution that can help to get out of the political crisis, nevertheless, the problem of self-dissolution in itself is of immense political importance if it is viewed in coordinates Parliamentarism. The authors analyze the decision of the Constitutional Court of the Russian Federation on the interpretation of the Constitution, which was made in connection with the request for the possibility of self-dissolution of the State Duma. They come to the conclusion that although the decision allowed early elections to the State Duma, in fact it is directed against self-dissolution as an institution. The authors offer their arguments in favor of parliamentary self-dissolution, although they do not consider this right absolute.
В статье представлен комплексный анализ основных изменений и дополнений Особенной части и частично новелл Общей части Уголовного кодекса РФ за последние 8-9 лет в контексте современной уголовной политики. Дается оценка указанных изменений с доктринальных позиций. Предпринимается попытка классификации рассматриваемых изменений и дополнений. Делаются выводы об общих тенденция развития российского уголовного законодательства в обозначенный период.
Legal possibilities for historical interpretations in Russia are more flexible than in many other post-communist countries. However, this extent of freedom of opinion be‐ came an irritating factor for the authoritarian regime in the 2010 s: the freedom to evaluate historical facts is an obstacle for imposing ideology everywhere. Under the presidency of Dmitry Medvedev, a number of tools were introduced into Russian law to secure the state control in school education. At the international level, Russia star‐ ted to actively fight against ‘falsifications of history’ and employed a rich arsenal of ideological tools to defend the Soviet interpretation of World War II. In the domestic law as well, new corpuses delicti were introduced in criminal and administrative law to defend the Soviet history from attempted falsifications. This development coincided with the general trend to exceptionalism characterized by the legislation on foreign agents, or restrictive amendments in the anti-extremist law. The present paper will at‐ tempt to analyze this development and its ideological and legal contexts.
The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective. This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types—the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe, and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a "triangle" of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law
The paper presents a comprehensive analysis of the major changes and additions to the Special Part of the Criminal Code of the Russian Federation for the period 2012 to 2014. This period is the time a of boom of legislative activity in the field of criminal law. During these three years in the Special Part of the Criminal Code 41 new articles , for comparison between 1997 and 2011, 44 articles have been introduced. The article assesses these changes to the doctrinal position. The conclusions of the general trend of development of the Russian criminal legislation in this period .
The article presents an analysis of modern terrorism, including terrorist financing, the basic directions of the international cooperation in the fight against terrorism, makes a number of suggestions for improvement.