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Regular version of the site
Of all publications in the section: 381
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Article
Савюк Л. К. Право. Журнал Высшей школы экономики. 2008. № 1. С. 125-126.

Author presents a review of statistical data covering results of activity of courts of common jurisdiction in Russian Federation in 2007.

Added: Oct 17, 2012
Article
Белькович Р. Ю. Право. Журнал Высшей школы экономики. 2011. № 4. С. 33-51.
Added: Oct 23, 2012
Article
Русинова В. Н. Право. Журнал Высшей школы экономики. 2014. № 1. С. 43-56.

Relationship between two branches of Public International Law applicable in armed conflicts – International Humanitarian Law and International Human Rights Law has been described by three main theories: a competitive, complementary and integrative one. The key point of the competitive theory consists in the impossibility of the simultaneous applicability of both branches that is deduced by qualification of International Humanitarian Law as lex specialis that excludes applicability of the International Human Rights Law. The complementary theory is based on the partial overlapping and mutual complementarity. Representatives of the integrative theory recognize a possibility of a full or partial merger of norms provided by International Humanitarian Law and International Human Rights Law. This integration is understood as taking place at the level of norms and not as a mere possibility of unification of two branches under any common title.

  International treaties on human rights, on one side and treaties on International Humanitarian Law on the other do not contain provisions which would exclude joint application of their norms. Moreover, these treaty rules either implicitly or implicitly provide for such a possibility. Application of the lex specialis derogat legi generali principle at the level of branches of Public International Law is not correct and does not allow to deduce the inapplicability of norms belonging to International Human Rights Law in armed conflicts. The United Nations Human Rights Committee, the European Court of Human Rights, the Inter-American Court on Human Rights and the African Commission on Human and Peoples’ Rights have acknowledged the mutual complementarity of International Humanitarian Law and International Human Rights Law norms in their decisions.

A possibility of integration of norms belonging to both branches, firstly, derives from the ability of International Humanitarian Law norms to serve as a limit for restriction of human rights by a state in armed conflicts, and, secondly, follows from the specific nature of international law-making, as international customs cristallize outside the framework of an artificial and in many aspects a scholastic division on branches of International Law.

Therefore, international treaties and customs, as well as practice of the International Court of Justice and international judicial and quasi-judicial bodies, allow to draw a conclusion on inconsistency of the competitive theory, mutual complementarity of the norms of both branches and existence of a potential for their integration.

Added: May 7, 2014
Article
Жукова Ю. Д., Лощилин В. С. Право. Журнал Высшей школы экономики. 2011. № 3. С. 120-125.
Added: Oct 23, 2012
Article
Жукова Ю. Д., Лощилин В. С. Право. Журнал Высшей школы экономики. 2011. № 3. С. 120-125.
Added: Nov 4, 2012
Article
Исаков В. Б. Право. Журнал Высшей школы экономики. 2009. № 2. С. 119-121.

Article presents a statistical analysis of activities of arbitration courts of Trade and Commerce Chambers.

Added: Apr 14, 2013
Article
Батусова Е. С. Право. Журнал Высшей школы экономики. 2013. № 1. С. 123-140.
Added: Mar 6, 2014
Article
Зарипова З. Н., Шавин В. А. Право. Журнал Высшей школы экономики. 2011. № 2. С. 60-64.
Added: Oct 19, 2012
Article
Семенов Т. В. Право. Журнал Высшей школы экономики. 2014. № 3. С. 144-158.

The author of the paper analyzes corporate relations in terms of the criminal law protection and the area of the prohibitions imposed by criminal law. Attention is paid to dynamism of social life and the emergence of a new type of public relations more than two decades ago, that is a new group of public relations requiring a detailed academic understanding. Due to the priority of compensating legislation for criminal law, normative and doctrinal characteristics of relations formed inside a corporation are given. The author analyzes the views on the definitions of the concept and legal nature of corporate relations by modern legal academics. The paper notes the lack of unanimity to their understanding. The paper gives a variety of views in the modern legal literature on the concept and legal nature of the group of public relations which may be attributed to the following conceptions: 1) theory of unanimous legal relation; 2) theory of organizational and property relations; 3) theory of any legal relations between a legal entity and its participant; 4) theory of secondary rights; 5) theory of corporate legal capacity; 6) theory

of absolute relations. The paper notes the legal broadening of the concept of civil law since March 1, 2013 at the expense of including corporate relations. The author outlines their legal interpretation as the relations of participation in corporation and managing it. It argues that despite lawyers specify two subgroups of corporate relations, relations of participation in a corporation are major and relations of management are secondary. A special analysis has been made for article two of the Russian Federation Civil Code in terms of including the group of relations to the object of criminal law protection. A conclusion has been made as to the legality of spreading criminal law means to protect corporate rights and interests. The paper has been shown the necessity to protect them by criminal law like those of branch means of protection. The article specifies various cause and effect relations justifying the relevance to set up practically appropriate prohibitions imposed by criminal law in the area of corporate relations. The combination of various social, economic and legal reasons may account for it.

 

 

Added: Oct 22, 2014
Article
Редчиц М. А. Право. Журнал Высшей школы экономики. 2016. № 3. С. 50-58.

The article examines the legal changes of 2013 and 2014 regarding the legislation in the sphere of cultural heritage protection and terms that are connected to it. It also studies corresponding recent additions to the criminal law novels, that depend on other legal changes. The work focuses on theoretical problems in the interrelation of such concepts as "object of cultural heritage", "object of archaeological heritage", "archaeological item", "items of the material world that are historically connected to them" used in the Federal law from 22.10.2014 № 315-FZ "On the cultural heritage of Russian Federation"; as well as practical problems in the sphere of protection of culture heritage of criminal law that arise from the interrelation. The work focuses on the contradiction between two characteristics: immobility as the main criterion of the object of cultural heritage and mobility as an essential attribute of some of its parts. The article analyses some cases where the status of a movable object is transferred from the component of a cultural heritage object to a separate museum object.  Procedures of this transformation and the corresponding changes in criminal law protection of these objects are examined. In this light the work examines the problems of the interrelation between objects that are protected by various legal norms of criminal law and the sanctions that are listed within these norms. The concept of "other objects" from art. 3 of the Federal law "On cultural heritage of the Russian Federation" is analyzed, as well as existing examples of objects that are protected by the subject of cultural heritage.. Based on the legislative definition of cultural heritage the key features of this concept are highlighted. The article analyzes domestic and international legislation, makes references to the by-laws, and, as a result, confirms the hypothesis about the problems of existing legislation.

Added: Nov 28, 2016
Article
Семенов Т. В. Право. Журнал Высшей школы экономики. 2015. № 3. С. 88-99.
Added: Oct 12, 2015
Article
Бальжинимаева В. В. Право. Журнал Высшей школы экономики. 2015. № 1. С. 81-90.

The article deals with the study of the influence of corporate criminal liability on its reputation and image. It is arguable that corporate criminal liability in Russia is the question of current interest and widely discussed phenomenon. Considering the events and processes taking place in the global economy, domestic and international companies are, more than ever, interested in «saving» their business today. According to some experts, the dissemination of information about the fact that a legal entity has committed a crime influences on its image, profitability and company value. In many ways it is consumer demand that forms the value of the company and defines a space in the market. In spite of this fact the image of the company has been recently studied. Nevertheless, the researching of image is rapidly growing today: for example, in the 21st century consumer behavior is studied by neuromarketing (a special direction in psychology). The author reveals the content of such terms as «reputation», «business reputation», «image» and also notes when and by whom it was first studied the content of the terms. The article makes a distinction between such terms as «goodwill» (the term which came to Russia from the Anglo-American law) and «business reputation» (there is an opinion that «goodwill» is a synonymous with «business reputation»).

The question about the influence of corporate criminal liability on business reputation and image of the company is considered by the author from common and  economic point of view. Despite the fact that at first glance it may seem that corporate criminal liability can not have an impact on the image of the company and its values, the practice proves otherwise. Given the fact that most of the companies that produces, provides rules that seem socially significant (for example, safe production, environmental constraints, and so on), information about the violation of these rules can create a negative image of the company among consumers. From an economic point of view the fact of committing a crime by a company may be destructive to it, since the negative image of the company also affects the value of the shares of the company, the interest of potential investors. As an example we consider the case of the influence of committing a crime by  the head of the Board of Directors on the share price of the company, as well as foreign judicial practice.

Added: Nov 20, 2015
Article
Ганюшкина Е. Б. Право. Журнал Высшей школы экономики. 2010. № 4. С. 72-84.

States may stipulate laws and rules, specifying conditions for foreigners to be admitted to another state's territory. Tightening requirements and making new restrictions for people who are going to visit a foreign country are one of efficient tools of foreign policy. International law has no norms obliging states to motivate the denial for a foreigner's admission into a foreign territory. The state cannot deny the admission for a foreigner if it contradicts obligations of the state implied in agreements concluded between the state of residence and an international intergovernmental organisation or in the treaties on privileges and immunities of international organisations.

 

Added: Oct 27, 2012
Article
Долотов Р. О. Право. Журнал Высшей школы экономики. 2016. № 2. С. 45-54.

The article examines the practice of early release on parole for persons before being sentenced. The pre-trial restrictions concern detention and house arrest. The main purpose of the article is a reasonable response to the question about whether the right to set off time of detention under house arrest in six months’ imprisonment necessary for the emergence of the right to parole? To achieve the purpose, the article analyzes the current enforcement practice and opinions of scientists on this issue and then based on the results presents arguments to defend author’s position. The key findings of the research are: 1) offsetting time spent in detention to calculate a factual time in imprisonment to address the issue of parole is a common practice based on the positions of the highest judicial bodies of the country and supported by part of scholars in the field of criminal law; 2) when deciding in practice on recalculating time under house arrest, the decision is based on the following reasoning: since the time of the person under house arrest shall be credited to the period of detention, and the detention period is included in the term of imprisonment, when calculating the actual period of detention, imprisonment for parole period of house arrest should be included in that period; 3) this reasoning is flawed because it is based on a dogmatic rather than systemic interpretation of the Criminal Code and Code of Criminal Procedure without understanding the role of the set six-month term in the parole system of criminal law measures; 4) by its nature, the deprivation of liberty and detention of a person from the point of criminal law are almost identical, but the house arrest is substantially different from them; 5) the paper proposes to 54 Russian Law: Conditions, Perspectives, Commentaries amend the Resolution of the Plenum of the Supreme Court of the Russian Federation of 21.04.2009 № 8 “On Judicial Practice Parole from Serving a Sentence, Replacing the Unserved Part of Punishment with a Milder one”.

Added: Oct 5, 2016
Article
Прокудина Л. А. Право. Журнал Высшей школы экономики. 2009. № 3. С. 50-56.
Added: Oct 16, 2012
Article
Ялбулганов А. А. Право. Журнал Высшей школы экономики. 2019. № 1. С. 71-88.

The paper considers the concept of budget being shaped for 200 years within financial law concept. The paper touches upon the evolution of the theory in the Western states and the influence of the Western legal scholars on the concept of financial law and budget theory in Russia. The achievements of Russian researchers are shown, in particular created by I.T.Tarasov theory of financial laws as a special type of statutes representing the subject matter of financial law. He systematized the concept of financial law in postulates: financial laws as a concept in financial law; financial laws as a remedy for treasury rights and taxpayers; financial laws and taxes and duties; financial laws and expenses; execution of financial laws and state inventory (budget). Tarasov’s concept influences the development of the Russian theory of financial law and the role of state budget. The author attempts to answer the question what a budget represents in terms of Russian, Soviet and modern Russian researchers. He shapes his own opinion based on financial law, in particular the fact approving budget as a legislative norm legalizes public costs and revenues and stresses the social economic relevance of budget as financial plan, guarantee of its absolute execution. The paper concludes that materially budget law is a statute as it is a statute regulating public costs and revenues. Formally, budget law is a document serving as a source of financial and budget law regulating public costs and revenues.

Added: May 20, 2019
Article
Постникова Е. В., Эйманн Ж. Право. Журнал Высшей школы экономики. 2015. № 4. С. 147-164.
Added: Mar 10, 2016
Article
Лебедев А. О. Право. Журнал Высшей школы экономики. 2015. № 4. С. 70-90.

Problems of a federative form of state acquired relevance in the Russian constitutional law studies in the 2nd half of the 19th century. In general, the federation was interpreted as a union of states (quasistates), in which its units were subject to the power of the federal government in certain areas (within the limits outlined by the federal constitution), while maintaining the autonomy in other areas. Thus, the origin of the federative state was seen as a process of strengthening the centripetal power in confederation, but not as a decentralization of a unitary state. At the turn of 19-20th centuries, the main problems of legal theory of federation became such issues as sharing sovereignty and legal status of the constituent units under the influence of German lawyers (especially G. Jellinek). At the same time, B. Chicherin and A. Gradovsky, who are outstanding Russian legal scholars of the 2nd half of the 19th century, did not consider the question of the legal status of the component units of the federation as a pivotal issue for federative theory. They considered federalism as a guarantee of the decentralization of public authority (A. Gradovsky) or fragmentation and distribution of government’s power in various political bodies (B. Chicherin). However, the decentralization conception of federative ideas contained in works of Gradovsky and Chicherin was relegated to the background of Russian constitutional law studies by union conception of the federative state with its problems of sovereignty and the legal status of the constituent units of the federation.

Added: Mar 11, 2016