From the Judge's Arbitrium to the Legality Principle: Legislation as a Source of Law in Criminal Trial
The vollume addresses the modern history of legality principle – central to all western legal systems. Contributions provide comparative look at various parts of the Western world, including Argentina, Finland, and Russia, in order to reveal the common path of legality principle development and its local variations.
The article describes and analizes the issue of access to all potential legal sources in late imperial Russia as an important component of legality principle. The author investigates how local features of political and administrative culture and legal professionalism determined the specific practical application of this principle.
The article considers the features of the presumption of knowledge of criminal law rules as a condition of guilt and responsibility for crimes in the sphere of economic activity. It argues conclusions on the ways to improve the organization of legal education of population, as well as the system of legal training of the staff engaged in economic structures and in respect of their penal control officers of the relevant legal institutions. It also justifies the relationship between the strengthen of the presumption of knowledge of criminal law in relation to these crimes with an increase in the effectiveness of criminal justice in the relevant field, and hence the efficiency of the economic activity.
Presumption of knowledge of law, crime, economic activity, legal education of population, legal training, criminal justice supervision, crimes in the sphere of economic activity, the order of publish of laws and their promulgation, commentary, Explanation, legal public education, legal studies, Legal institutions
The article analyzes the artificial and protected by the law component of the national wealth including social infrastructure, industrial, intellectual and ideological potential, as well as the mass of goods and personal property of the citizens. It pays the main attention to the issues of criminal law protection of social infrastructure, including the constitutional order, political and economic systems, health and education. It also provides us with the proposals on the improvement of the criminal law and their application.
The chapter is devoted to basic priniples of the Rssian criminal law. It is specifically mentioned the history of the principles and its current reflection in the Russian Criminal Code of 1996. The author discusses the structure of crime and the punishments inflicted upon its commission.
The article is dedicated of problems of criminal law regulation of securities market.The concept of criminal law mechanism its protection is offered.
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 paper shows that the effectiveness of fighting crime could be considerably increased through supplementing the traditional law enforcement activities as exercised by the special authorities (internal affairs departments, prosecutor's offices, etc.) with the activities of state power bodies with general jurisdiction that would be specifically aimed at protecting legal order against crimes with the assistance of different civil society institutions and the community.
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/