Contents of issue # 10/2013

The Environmental Potential of the Constitution

S. A. Bogolyubov

doctor of jurisprudence, professor

E-mail: ecology@izak.ru

The article reveals the potential of environmental provisions of the Constitution of the Russian Federation in interrelation with other rules of the Basic Law, balance of public and private interests in protecting of the environment, the state’s role in maintaining the ecological order.

Keywords: Constitution of the Russian Federation, environmental law, conservation law, nature resources law, environmental rights and duties of citizens and legal entities, ecological function and responsibility of the state.

Establishment of Constitutional (Statutory) Courts of the Constituent Entities of the Russian Federation: Current State and Prospects

А. M. Tsaliev

doctor of jurisprudence, professor

E-mail: constsudalania@mail.ru

The article considers the actual issues of organization and activity of the constitutional (statutory) courts of the Russian Federation. Based on the analysis of the Constitution of the Russian Federation, federal legislation and judicial practice, it justifies the actuality of their formation. The legislative ways are proposed which aim to develop the constitutional (statutory) justice in Russia.

Keywords: Constitution of the Russian Federation, federal law, principle of division of powers, judicial power, constitutional (statutory) courts of subjects of the Russian Federation.

Destination of Bidding

O. A. Belyaeva

doctor of jurisprudence

E-mail: O_beliaeva2011@mail.ru

The author proves impossibility of exact definition of contracts which it is possible or it is impossible to conclude at the auction. No contract appearance for a choice of a way of its conclusion of value has. The auction is compatible to essence of those contracts in the course of which conclusion there is a competition place. The author explains, in what value the term «competition» in relation to the auction has to be understood. The author comes to a conclusion about intersectoral character of institute of the auction, analyzing auctions and competitions by results of which the rights which don’t have civil character, but a part of civil capacity are provided to the winner. According to the author, irrespective of a subject of the auction, the relations developing during the auction, remain in the sphere of civil regulation.

Keywords: auctions, сontract, сompetition, сivil capacity.

Legal Regulation of Financial and Economic Mechanism of the Education Sector: Correlation of Public and Private

I. F. Syubareva

PhD in law

E-mail: ISiubareva@kantiana.ru

The article covers legal regulation of financial and economic mechanism in the sphere of education taking into consideration provisions of the new Federal Law «On Education in the Russian Federation». The article reviews public and private legal norms regulating financial and economic mechanism in the sphere of education. Particular attention is paid to the specific nature of legal regulation in terms of public and private interest therein.

Keywords: legal regulation, sphere of education, educational institution, institution, financial and economic mechanism, economic activity, privity.

Civil Society in the Focus of Law

Yu. A. Tikhomirov

doctor of jurisprudence, professor

E-mail: office2@izak.ru

Describes the nature of civil society and its devices, examines the impact of law on the formation of civic institutions, to overcome conflicts and harmonizing social relations in society, to ensure the agreed mechanisms for the protection of private life and socialization.

Кеуwords: civil society, law, social relations.

Subsidiary Application of Legal Norms as a Method of Optimization of Legislative Regulation

A. I. Abramova

PhD in law

E-mail: theory@izak.ru

The definition deals with the content of the notion of subsidiary application, its legal nature, the relationship with other legal institutions, above all, the analogy of the law. The place and the role of the subsidiary application in the mechanism of the modern legal regulation of social relations are showed.

Keywords: subsidiary application, norm of law, legal regulation, branch of legislation.

Monitoring of Legislation of Cities of Federal Significance on Objects of Cultural Heritage

D. B. Gorokhov, T. E. Melnik

D. B. Gorokhov, PhD in law

T. E. Melnik

E-mail: monitor2@izak.ru

In the present article the condition of standards and legal regulation of the relations concerning protection, preservations, uses and popularizations of objects of a cultural heritage of the cities of federal value is defined. Results of the carried out monitoring of the legislation on objects of a cultural heritage as systems of statutory legal acts are presented, the condition of the legislation is shown. Questions of the organization and realization of monitoring researches in the field of the legislation on objects of a cultural heritage are brought up.

Keywords: right application monitoring, legal monitoring, the legislation on protection, preservation, use and popularization of objects of a cultural heritage.

Legal Experiment as a Method of Development of Local Self-Government

I. I. Makarov

E-mail: makarov426@gmail.com

Such an effective method of improving the legal norms and institutions as a public-legal experiment has not proper use in current practice of law-making and implementation of law in the Russian local self-government. The article describes the two most important legal experiments in the Russian local government, which were held prior to the adoption of the Federal Law «On General Principles of Local Self-Government in the Russian Federation».

Keywords: state and legal experiment, local government, municipal law-enforcement service, Pskov experiment.

Anti-corruption Standards of the OECD: Notion and Directions of Implementation

A. A. Kashirkina

PhD in law

E-mail: ccla1@izak.ru

The scientific article is devoted to the complex issue of contemporary international law and doctrine — the definition of international anti-corruption standards of the OECD, and their relationship with other international anti-corruption standards. Conclusions and suggestions regarding the implementation of the Russian Federation’s international obligations arising from participation in the OECD Convention and the accession to the OECD.

Keywords: international law, international anti-corruption standards, international anti-corruption conventions, the Organisation for Economic Co-operation and Development, the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, implementation.

The 25th Anniversary of Debt-for-nature Swaps

M. N. Kopylov, E. R. Basyrova

M. N. Kopylov, doctor of jurisprudence

E. R. Basyrova

E-mail: ekaterina-basyrova@yandex.ru

This paper analyzes debt-for-nature swaps concluded by the states of North and Latin America, Europe, Africa and Southeast Asia. Classification of such swaps is given. The content of the principle of permanent sovereignty of states over their natural resources is explained. It is concluded that debt-for-nature swaps conform this principle. The ways how further improve debt-for-nature swaps are suggested.

Keywords: debt-for-nature swap, World Wildlife Fund, principle of permanent sovereignty of states over their natural resources, operating fund, nature conservation organization, the Charter of Economic Rights and Duties of States, reforestation, national park, nature reserve.

International Law Aspects of Protection of Persons with Disabilities

O. I. Ilinskaya

PhD in law

E-mail: oilinskaya@mail.ru

The article deals with the basic norms of the Convention on the Rights of Persons with Disabilities 2006, ratified by the Russian Federation in 2012. The comparative analysis of some norms of Russian legislation with the Convention is carried out. The author offers ways of improving the Russian legislation.

Keywords: international law, persons with disabilities, human rights, Convention on the Rights of Persons with Disabilities 2006.

The Role of Decrees of the Constitutional Court of the Russian Federation in

R. Z. Fakhretdinov

E-mail: crim@izak.ru

Regulation of Criminal Procedure The article considers importance decisions of the Constitutional Court of the Russian Federation and their influence over criminal proceedings in contemporary Russia. Also the article supports the thesis of the significant role of its decisions in improvement of effectiveness of regulation of public relations arising in criminal cases.

Keywords: source of law, law-enforcement agencies, criminal procedure, decisions of the Constitutional Court of the Russian Federation.

International Law Foundations of the Institutional System of Eurasian Integration

A. Ya. Kapustin

doctor of jurisprudence, professor

E-mail: kapustin@izak.ru

The international legal principles of creation of model of institutional system of the Eurasian Economic Union and its functioning are considered.

Keywords: Eurasian integration, institutional system of interstate integration association, international legal principles, the Eurasian Economic Union.

International Commercial Arbitration, Arbitration Proceedings and Development of Integrated Markets in the Territory of the Eurasian Economic Community

N. G. Semilyutina

doctor of jurisprudence

E-mail: office2@izak.ru

A system of international treaties should be the basis for the economic integration. Still the relations between entrepreneurs is the platform for the integration. At present it is more important to differ the B2B arbitration from B2C arbitration rather that the international from the internal arbitration.

Keywords: the Eurasian Economic Community (EurAsEC), economic integration, international financial markets, organized markets, commercial arbitration, tertiary courts.

Integration Projects of Exchange Industry: Formation of Integrated Currency Market of the CIS

I. L. Marich

E-mail: office2@izak.ru

In 2009—2011 the CIS countries adopted national acts and concluded several treaties which sufficiently improved the activities of the investors on the integrating markets of the CIS countries. Simultaneously the development of the exchanges market infrastructure goes on inside the CIS countries as well as widened the cooperation between exchanges. Currency market is one the most perspective directions of cooperation. Conclusion of the agreements between the Central Banks of the CIS countries could contribute much to the development of the cooperation between the market participants.

Keywords: the CIS, exchange market, infrastructure of the exchanges market, investors, integrated currency market, currency, currency exchanges.

Harmonization of Law as an Alternative of Suprenationality in Legal Regulation of Economic Relations

N. G. Doronina

doctor of jurisprudence

E-mail: office2@izak.ru

The main attention is drawn to the legal problems of international economic integration in the CIS. The article illustrates the co-existence of the general principles of international law, regional (communitary) rules, and the rules of law of national legal systems as an important factor of economic integration of the CIS countries. The existence of the variants in the ruling of identical relation in different countries is a specific character of harmonization as a part of the process of unification of law. The regional unification should take into consideration and apply the treaties of universal character, where the principles of universal application of the rules of different legal systems are formulated.

Keywords: harmonization, unification of law, economic integration, supra-national body of law, the CIS, international investment law, the Hague Conference of Private International Law.

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