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Regular version of the site
Of all publications in the section: 381
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Article
Данилов С. Ю. Право. Журнал Высшей школы экономики. 2015. № 3. С. 131-144.
Added: Mar 9, 2017
Article
Комягин Д. Л. Право. Журнал Высшей школы экономики. 2015. № 4.

The article considers the sources of income of religious institutes, origin and destination of Church property and the withdrawal of state ownership of church property (secularization) as a special form of nationalization. The analysis is performed on the example of the Orthodox Church, for this the sources of Canon law and the historical aspects. The author analyses the sources of acquisition of church property, makes the conclusion about the public mission of the church property. That means the seizure of church property generates budget expenditure commitments.

Added: Sep 28, 2015
Article
Буянова М. О. Право. Журнал Высшей школы экономики. 2014. № 2. С. 48-60.

The article is devoted to the procedural and substantive problems of individual labor disputes legal regulation in Russia. A special attention is given to: territorial jurisdiction, procedural terms (including terms of labor disputes and periods of limitation), different types of evidence and prooving in consideration of labor disputes in courts. The author stresses the difficulties faced by employees in the provision of evidence (including written documents, documentary, witnesses, etc.). The author disclosed imperfections of dismissal legislation, that prevents employee from admission in court that his dismissal is illegal and reinstatement by court is difficult. Our study makes it possible to arrive at the following key conclusions: 1. The applicable civil procedure and labor legislation about the consideration and settlement of labor disputes fails to include the principle of procedural equality of the parties. 2. The rule for the territorial jurisdiction of labor disputes set forth by Article 28 of the RF CPC (in the area of the respondent’s location) and the lack of a possibility of alternative consideration reduces the principle of impartial judicial litigation to zero. 3. Limited timeframes established for consideration of labor relations by courts prevent full judicial litigation. 4. Special timeframes for a worker to appeal to the court prescribed by Article 392 of the RF LC put him or her on unequal terms with the employer. 5. The rule forbidding a worker to add non-notarized copies of written evidence to the case materials predetermines the outcome of a court dispute. 6. A worker has no real possibility to prove that his or her rights have been violated by using the evidence of witnesses that are still employed by the employer. 7. A court’s right to refuse to satisfy a worker’s motion to conduct an expert evaluation of documents made available by the employer prevents the truth from being established in the case. 8. Lack of a procedure strictly established by law for dismissing workers for each of the grounds violates the principle of judicial practice uniformity.

Added: May 11, 2014
Article
Журавлев М. С. Право. Журнал Высшей школы экономики. 2019. № 3. С. 98-116.

The development of e-Health in the digital economy requires a comprehensive information exchange between all stakeholders. This interaction is ensured through the interoperability of information systems, data, technical solutions, processes and management methods. In an interoperable information environment, a synergistic effect of interaction is achieved, in which each participant benefits from the use of data and increases the efficiency of their activities. Interoperability is necessary to create a single barrier-free information environment based on the principles of openness, transparency, reusability, technological neutrality, user-centricity, information security and privacy. The article reveals the principles of interoperability applicable to the field of e-Health with reference to the experience of the European Union where the concept of interoperability has been most developed. Each of the principles is examined through the prism of legal issues that need to be taken into account during their implementation. Particular attention is paid to standardization, information security requirements (including the security of medical devices and applications), conflict resolution between the principle of long-term storage of data for reuse and legislation on personal data.

The article points out the positive steps towards the regulatory and legal support of the interaction of health information systems in the Russian Federation. Thus, the Russian legislation provides the framework for development of the Unified state health information system (EGISZ). However, it stresses the fact that interoperability should not be isolated (intra-industry). Interoperability in a broad sense means openness of interaction with other information systems (intersectoral interaction), the architecture of which should also be built on similar universal standards. This purpose reasons the need to develop a unified strategy for interoperability in the Russian Federation. Such a strategy requires an integrated approach at the national level and participation of all stakeholders in its development and implementation.

Added: Oct 18, 2019
Article
Гетьман-Павлова И. В., Ерпылева Н. Ю. Право. Журнал Высшей школы экономики. 2019. № 3. С. 220-249.

The aim of the study is to analyze interpersonal conflicts (interpersonal law) in private international law (hereinafter – PIL) of Israel. Interpersonal law is a set of legal rules governing the position of different personal systems operating simultaneously in the same country. Israel is a country with a plurality of personal legal systems applicable to certain groups of persons depending on their religious affiliation. In Israel, religion is not separated from the state, so interpersonal conflicts there are particularly acute. Comparative legal, comparative historical, formal and logical methods, methods of comparative analysis and comparative law were used as the methodology of the study. The object of regulation and the scope of interpersonal law and PIL largely overlap. PIL and interpersonal law have a common historical function – to ensure the implementation of the principle of equality of all legal systems and the recognition of subjective rights legally acquired on the basis of a different legal order. Both PIL and interpersonal law are designed to facilitate and legitimize the joint life of different human communities separated by state borders, ethnic or religious affiliation. Analysis of interpersonal conflicts on the example of Israeli interpersonal law shows that the common origin of PIL and interpersonal law creates a strong degree of similarity between them and causes their internal relationship. For the resolution of personal conflicts of laws in the judicial practice of Israel general approaches, principles and instruments of PIL are widely used. Determination of the content of the applicable personal law and qualification of legal concepts are made on the basis of the theory of resolution of conflict qualifications developed in the PIL; one of the main connecting factors that determine the competence of religious courts and the application of religious law is the autonomy of the will of the parties. On most personal status issues, secular legislation has been adopted in Israel, but the main issues of personal status – marriage and divorce – remain outside the sphere of secular regulation. The absence of civil marriage and the restriction of civil divorce force people to seek ways to circumvent religious laws; the absence of an equivalent personal law for a "person without religion" discriminates people on a religious basis. It can be predicted that the forthcoming entry into force of the secular civil code will narrow the scope of interpersonal conflicts on personal status issues.

Added: Nov 22, 2019
Article
Терещенко Л. К. Право. Журнал Высшей школы экономики. 2009. № 2. С. 57-67.
Added: Jan 29, 2010
Article
Антонов М. В. Право. Журнал Высшей школы экономики. 2020. № 2. С. 254-260.

This paper deals with the book "The Art to Be a Jugde" by the Canadian author Louis Le Bel. This author demonstrates that judicial decision-making cannot be taken as a mechanical one - a judge has to understand the nature of the contentious situation and to evaluate consequences of her decision not only for the parties to the process but also for the entire society. 

Added: Aug 11, 2020
Article
Сюкияйнен Л. Р. Право. Журнал Высшей школы экономики. 2016. № 3. С. 185-205.

The article touches approach of the modern Islamic legal thought to the Islamic state and caliphate. The author explains the fundamental principles if Islamic concept of the power (caliphate) and points out that this concept was gradually deviating from real political practice. The caliphate itself remained as a political institution till the collapse of the Ottoman Empire after the World War I. After emergence of Islamic State of Iraq and Levant (ISIL) the caliphate converted to concrete political project. In June 2014 ISIL which changed its name to become “Islamic State” (IS) declared creation of caliphate. In practice the Shariat implementation in IS comes to mass killings, forcing nonmuslims to adopt Islam, interference into internal life of Muslim states and terror attacks. The modern Islamic legal thought criticizes IS severely stressing on its violence of religious postulates and Shariat provisions.

Added: Oct 28, 2016
Article
Сюкияйнен Л. Р. Право. Журнал Высшей школы экономики. 2011. № 1. С. 24-43.

Islamic radicalism and extremism threaten the national security of many countries including Russia. The ideological aspect of this phenomenon is of special importance. Traditional Islamic political and legal thought may have some provisions used to justify extremism. But the entire nature of Islamic Sharia and jurisprudence (fiqh) openly opposes international terrorism. Decisions of the leading centers of Islamic legal thought reject the ideology of Muslim radicals. The Islamic legal rhetoric must be used to combat religious extremism and international terrorism.

Added: Oct 4, 2012
Article
Сюкияйнен Л. Р. Право. Журнал Высшей школы экономики. 2008. № 2. С. 97-109.
Added: Oct 12, 2012
Article
Бикбулатов Т. И. Право. Журнал Высшей школы экономики. 2014. № 2. С. 101-112.
The article attempts to cover the issues related to possible official misconduct of the members of RF  legislative bodies in light of criminal law protection of insider information. Criminal liability for abuse of  insider information was introduced under Federal law of July 27, 2010 no. 224. The adoption of the law  has allowed introducing a number of brand new in Russian law concepts including article 185.6 to the  Russian Federation Criminal Code. However, representatives of state bodies including legislative have  access to the information considered to be insider. The aim of the paper is a system analysis of criminal  legislation on insider information abuse, i.e. the issue of the absence of the representatives of legislative  bodies among the subjects of crime under article 186.5 of the Russian Federation Criminal Code.  To achieve the goal the following objectives should be solved: specify the types of subjects liable for  abusing insider information, reveal the necessity and public danger of using insider information among  officials and US congressmen. The object of the research is public relations arising due to the insider  information circulation able to influence the prices for organized market (of securities, currency, goods)  as well as due to the breach of the order of addressing such information. The theoretical provisions and  practical suggestions may be applied to develop legislative initiatives, serve a basis for further research  on criminal law protection of organized market (of securities, currency, goods).   
Added: Oct 16, 2014
Article
Терентьева Л. В. Право. Журнал Высшей школы экономики. 2011. № 2. С. 77-87.
Added: Oct 19, 2012
Article
Гетьман-Павлова И. В. Право. Журнал Высшей школы экономики. 2008. № 2. С. 13-33.
Added: Oct 12, 2012
Article
Барышева К. А. Право. Журнал Высшей школы экономики. 2015. № 4. С. 186-196.

The historical analysis of the German criminal policy from the end of the 19th century to the middle of the 20th century presents a significant interest. This is the period when criminal policy was being formed, with clear-cut identification of its content, aims and objectives. The development of the concept and functions of criminal politics got acute with the attempts of establishing a democratic constitutional state in period of the Weimar Republic. The necessity was expressed in reforming criminal legislation to alter paradigms, rejecting excessive repression, harmonizing and softening the legislation and cutting costs of the criminal justice. Criminal law experiences alterations due to the ideas and principles established by the then criminal law science which relied on criminological and social research of crime and punishment. With the establishment of national socialistic regime in 1930s the role of prevention as a function of criminal law starts to decrease significantly, and law and order is ensuring by threatening citizens. The retrospective analysis of criminal politics in the German Empire, Weimar Republic and national socialistic regime (Third Empire) shows the transmission from liberal frame of mind to repressive regulation of all spheres of human life. The paper features the alterations in the German criminal law Law in the Modern World related to the proprieties of criminal politics. The research of the changes aims to find the correlation of the dependence of criminal law from internal and foreign policy of ruling strata and the imposed in society ideology

Added: Mar 7, 2016
Article
Шахмаметьев А. А. Право. Журнал Высшей школы экономики. 2009. № 1. С. 63-78.

Author studies issues covering place and meaning of category of regime in taxation law. He presents an analysis of legal nature and content of this category. There are a detailed characteristics of the category in legal regulation in three main meanings: legal as a whole, branch and institutional one. Article also looks at tax regime as a separate institute of Russian tax legislation, gives analysis of system of main elements of legal regulation of its implementation, proposes classifications of the tax regimes.

Added: Apr 13, 2013
Article
Панова И. В., Ерохин В. М. Право. Журнал Высшей школы экономики. 2018. № 1. С. 158-174.

Abstract

The article deals with the conceptual model of state regulation of production and turnover of alcoholic products based on the systemic and complex application of administrative and legal forms and methods of regulation, as well as mechanisms of public control and self-regulation, with the interaction of state authorities with subjects not endowed with state-power authorities, but fulfilling certain functions of public legal nature, namely with self-regulating organizations and public associations. Currently, the main tasks of state regulation of production and turnover of alcoholic products are to reduce the shadow market segment, protect the morality and health of citizens, as well as reduce the level of consumption of alcoholic beverages. In the current conditions of the development of the alcohol industry, the administrative bodies will not be able to solve these tasks and completely legalize the alcohol market without interacting with its participants and society, which will require further modernization of the system of state regulation of the industry. It is substantiated that the development of self-regulation and public control mechanisms is an objective necessity of introducing new forms of struggle against illegal turnover of alcoholic products in the system of state regulation of the alcohol market. Public control and self-regulation will reduce the degree of excessive state interference in the alcohol industry, increase efficiency and optimize state control, ensure the balance of state, public and private interests, take into account the position of the business community in making decisions on the regulation of the alcohol market. In order for self-regulation to be an effective and effective tool in the mechanism of administrative and legal regulation of the turnover of alcoholic beverages, the state should create conditions for encouraging market participants to voluntarily unite in self-regulating organizations. Meanwhile, at present the legislator does not create mechanisms that motivate the development of voluntary self-regulation in the alcohol market. To develop this form of self-regulation, which is the most acceptable for the alcohol industry, it is necessary to introduce an administrative-legal regime to stimulate market participants. In addition, the existing instruments of public control do not allow fully exerting regulatory influence on legal relations in the production and turnover of alcoholic beverages, since the legislation does not sufficiently define the legal basis for their activities. The necessity of establishing in the law the procedure for exercising public control on the alcohol market is substantiated.

Added: Apr 21, 2018
Article
Буянова М. О. Право. Журнал Высшей школы экономики. 2019. № 1. С. 158-175.
Added: Sep 25, 2019
Article
Корпен Анна Сергеевна Право. Журнал Высшей школы экономики. 2016. № 2. С. 111-121.
Added: Oct 25, 2016
Article
Богдановская И. Ю. Право. Журнал Высшей школы экономики. 2012. № 1. С. 80-91.

The article features general and distinctive traits of constitutions in the common law countries. The distinctions of the constitutions allow making up a separate group that is necessary to take into account when classifying constitutions.

Added: Apr 9, 2012