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1
Oversloot, Hans. "The Merger of Federal Subjects of the Russian Federation During Putin's Presidency and After." Review of Central and East European Law 34, no. 2 (2009): 119–35. http://dx.doi.org/10.1163/157303509x406278.
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AbstractAmong the institutional changes brought about or instigated during Vladimir Putin's two terms in office as President of the Russian Federation (RF), the reduction of the number of federal subjects of the RF—i.e., the number of territorial–administrative 'entities' that together constitute the Russian Federation—has perhaps attracted the least attention. However, this policy of reducing the number of subjects by bringing about what is effectively a merger of two or three subjects, thereby creating new federal subjects, is worthy of attention for a number of reasons. This policy is one of the ways in which the Federation's center (re)asserts its dominant position vis-à-vis the 'constitutive parts' of the Federation, which are, indeed, treated as 'subjects' within a more unitary state format. This policy runs counter to what appears to be a trend in many other countries where 'native peoples' (or 'indigenous peoples') are accorded various forms of self rule, often within their 'home territories' ('self-government rights').This article will address the procedures being followed to bring about the reduction of the number of subjects, as well as the reasons for merging smaller subjects, in terms of the number of inhabitants, with larger ones. The possible future of the policy of subject merger will be discussed in the final part of the article. It will be argued that the reduction of the number of subjects of the Russian Federation to merely a few dozen will entail the end of Russia as a federation; by doing so, Russia will reconstitute itself as a unitary state.
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Henderson, Jane, and Marina Lomovtseva. "Constitutional Justice in Russia." Review of Central and East European Law 34, no. 1 (2009): 37–69. http://dx.doi.org/10.1163/157303509x406223.
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AbstractThe 1993 Russian Constitution and 1994 Federal Constitutional Law “On the Constitutional Court of the Russian Federation” define the jurisdiction and activity of the Federal Constitutional Court of the Russian Federation. However, these pieces of legislation do not comprehensively address all the issues, and there has been some broadening of the Court's power through interpretation and the effect of some other legislation. This article examines the Court's jurisdiction and some of the issues that arise in the exercise thereof, as well as the relative role of the constitutional or charter courts of the subjects of the Federation, and the relationship between the Constitutional Court and the other courts in the Russian federal system. Issues of the methods of constitutional interpretation are addressed. The importance of the Constitutional Court as the federal agency of constitutional court supervision (review) in ensuring the effective application of the Russian Constitution is highlighted in the context of this growth of a comparatively new branch of law in the Russian legal system.
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Medvedev, Andrey. "Conditional (Contingent) Fees in the Russian Federation." Review of Central and East European Law 33, no. 2 (2008): 205–22. http://dx.doi.org/10.1163/092598808x262605.
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AbstractIn this article, the author discusses contemporary Russian judicial practice concerning the legality of attorney's conditional fees. He starts with a brief overview of foreign practice and distinguishes various kinds of conditional fees. The author provides a classification of conditional fees, through the prism of which he evaluates judicial practice in Russia. He distinguishes and, in particular, contrasts the contingent (or contingency) fee from (with) the conditional fee per se (the conditional fee in the narrow sense). The main focus is on a landmark 2007 Decision of the RF Constitutional Court in which the Court ruled against conditional fees in Russia. The author provides a detailed analysis of the Decision. He supports a view which is in clear opposition to the Constitutional Court, finding the Decision facile, criticizing its motivation and questioning its feasibility. The author describes the claims submitted to the Court, the findings of the Court, and the conclusions reached by the Court. Furthermore, he considers the impact which the Decision may have on judicial practice. The author concludes by discussing the possible future of conditional fees in the Russian Federation and notes that the Decision of the RF Constitutional Court may not constitute the final word on the issue. He advocates further and more in-depth research on the nature of conditional fees.
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Venäläinen, Marina. "Russia Adapts the Model of the Finnish Legal Aid System." Review of Central and East European Law 33, no. 1 (2008): 135–46. http://dx.doi.org/10.1163/092598808x262551.
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AbstractIn this article, the author discusses the recent experiences of cooperation between the Ministry of Justice of Finland and the Ministry of Justice of the Russian Federation and the Federal Registry Service regarding the development of a free state legal aid system in Russia. These experiences stem from a pilot project initiated and implemented by the Ministry of Justice in the Russian Federation and associated with the Ministry of Justice of Finland during 2006-2007. The article first addresses the key laws within the Russian legislative system concerning legal aid that had been enacted prior to and during the pilot project, and presents the authorities that are responsible for the provision of legal aid services in Russia. Secondly, it presents some preliminary descriptive results obtained by the year 2006 on the socio-demographic profile of users of the legal aid system that was established for piloting in Russia and on the legal cases addressed during the project. The examples provided in the article are particularly based on the statistics of the State Bureau of Legal Aid of the Republic of Karelia—one of the pilot regions. The article also discusses the experiences of the Finnish experts who were involved in the project and addresses some of the specific problems that were noticed during the pilot work in the Russian legal aid system. The author concludes by identifying a number of subjects that need specific attention and practical implementation, in order to further develop the system of free state-provisioned legal aid in Russia.
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Pimonov, V. A. "To the 25th anniversary of the Constitution of the Russian Federation." Psychology and Law 8, no. 4 (2018): 1–3. http://dx.doi.org/10.17759/psylaw.2018080401.
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In December 2018, the country celebrates the 25th anniversary of the Russian Constitution. The current (fifth) Constitution of Russia was adopted for the first time in the history of Russian constitutionalism by popular vote. Now there are many critics of the current Basic law of Russia, claiming its illegitimacy (citing as evidence the argument that the Constitution did not vote for almost half of the population) and even the anti-people character, citing the fact that eliminated the system of Councils, including the Congress of people's deputies. At the same time, opponents do not take into account that they can now freely criticize the current Basic law of the state without fear of repression. The Constitution of the Russian Federation fixed an important norm according to which the person, his rights and freedoms are the highest value (Art. 2). Chapter 2 of the Basic law is devoted entirely to the personal, political, socio-economic rights and freedoms of the individual. One of the main advantages of the Constitution of the Russian Federation is that both advanced ideas of liberal social and legal philosophy and communitarianism are woven into its text.
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Ruutu, Katja. "Future, Past and Present in Russian Constitutional Politics: Russian Constitutions in a Conceptual-Historical Perspective." Review of Central and East European Law 35, no. 1 (2010): 77–110. http://dx.doi.org/10.1163/157303510x12650378240034.
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AbstractThe present article uses the methods of conceptual history to investigate the transformation of Soviet and Russian constitutional concepts. My intention is to show the whole constitutional movement of Russia, and to focus on the 'time layers' (future, past and present) used by actors in constructing the key concepts that inform the narratives of the constitutional unity of the Soviet Union/Russian Federation. By focusing on the six constitutions adopted in the Soviet Union/Russian Federation, the article will seek to show that Soviet/Russian conceptual history is more multifaceted, and more political in nature, than is commonly thought. Because the political unity of the state was restricted not only by the constitution, but also by the party ideology of the Communist Party of the Soviet Union, political debates concerning constitutional concepts represented the key discussions for all the reformative pursuits of Soviet politics. Constitutional concepts were the most important means to argue and create a basis for a new political presentation and new political programs. This pattern has also been typical of present-day Russian politics, with the difference that, so far, only one constitution has been adopted in the Russian Federation. Specifically, we will seek to relate Putin's constitutional concepts to the textual base, and the political background, of the previous constitutions. On a more general level, the present article should contribute to the development of a theory of periodization that takes into consideration the shifts in a period's key concepts and vocabularies.
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Preclik, Petr. "Culture Re-introduced: Contestation of Human Rights in Contemporary Russia." Review of Central and East European Law 37, no. 2-3 (2012): 173–230. http://dx.doi.org/10.1163/092598812x13274154886782.
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AbstractThis article explores the current human-rights discourse in the Russian Federation through its relationship with the Council of Europe, the strongest human-rights regime that Russia has signed up for. Against the background of current international-relations theories, the article argues that human-rights scholarship should re-introduce the concept of culture into its research designs in order to be able to explain the interaction between cultural groupings and globally dominant discourses, such as human rights. The article further argues that human rights ought to be conceptualized as symbolic technologies and studied as discursive variables that enter the cycle of national-identity formation. To that end, I use the contestation thesis proposed by Andrei Tsygankov. The article concludes that Russia is currently actively securing itself against the dominant and universal human-rights discourse, which is perceived as hindering independent societal development in Russia. This state of securization is illustrated in the current debates within PACE on topics connected with human rights and Russia.
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Oversloot, Hans. "Reordering the State (without Changing the Constitution): Russia under Putin's Rule, 2000-2008." Review of Central and East European Law 32, no. 1 (2007): 41–64. http://dx.doi.org/10.1163/092598807x165569.
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AbstractIn the present article, it is assumed that V.V. Putin will not have the 1993 Constitution of the Russian Federation changed in order to help him arrange for a prolonged stay as President of Russia after his second term expires in 2008. It is also assumed that there will be no constitutional changes as to the power and the position of the prime-minister which would allow for an immediate 'return' of V.V. Putin in another capacity, namely as prime-minister, with much the same powers as he presently holds as President. The author expects that Putin will be true to his word in that he will maintain the 1993 Constitution (with the exception of minor change), that he will show to be—to use the Russian constitutional terminology—the garant of this Constitution.Nevertheless, within the framework of the 1993 Constitution, substantial changes have been made in the ordering of the Russian state, by federal law, by other means. The subordination of the subjects of the Russian Federation to the federal center, the 'emancipation' of state-politics from party politics, the 'emancipation' of democracy itself from party-politics, the penetration of societal organizations by state institutions (upravliaemaia demokratiia or suverennaia demokratiia), and the accompanying (state-) ideological changes, which have come about especially during Putin's second term, all add up to what is expected to be a lasting legacy. Putin has not changed the 1993 Constitution; he has given it its definite reading (interpretation) as it were.
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DREMOVA, Katerina. "Conciliatory Justice in Modern Russia." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 19. http://dx.doi.org/10.14505//jarle.v11.1(47).03.
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The research studies conciliatory justice in modern Russia. Its formation and peculiarities in the institution of alternative ways of resolving legal conflict on the example of mediation are considered. Various views regarding the mediation definition are analyzed, and the author's vision of this category concept is given. The origins of mediation history abroad and in Russia are studied. The essence and peculiarities of mediation application as an alternative method of economic disputes settlement are characterized. The benefits of using conciliatory procedures in a business environment are revealed. The main aspects of the procedural legislation reform initiated by the Supreme Court of the Russian Federation concerning the change in the legal regulation of conciliatory procedures application in the settlement of legal conflicts are outlined. It is noted that the beginning of procedural reform in Russia with regard to dispute settlement through conciliatory procedures was triggered by the resolution of the plenum of the Supreme Court of the Russian Federation ‘On submission to the State Duma of the Federal Assembly of Russian Federation a federal law draft ‘On amendments to a number of legislative acts of the Russian Federation in connection with conciliatory procedure improvements’ adopted on 18 January 2018 and the resolution of the Government of the Russian Federation. Statistics on the ratio of dismissals agreed, dispute settlement through the mediation procedure, as well as plaintiff-triggered dismissals are provided. Methodology: the study is carried out on the basis of the universal method on scientific study of the social development principles –dialectical materialism provisions, as well as general and specific scientific methods: dogmatic, regulatory legal, legal comparative, fragmented historical and legal, case studies (statistical data and judicial statistics analysis), logical (hypotheses, analogy, modeling, analysis and synthesis methods), philosophic (axiological, derivation methods on the basis of priori and axiomatic provisions), generalization and abstraction methods. Conclusions: To date, entrepreneurs are increasingly using conciliatory procedures when settling disputes. This way of dispute settlement becomes very convenient, businessmen are not in the need to spend their time on litigation, often protracted, but can settle issues more quickly and effectively. Today, conciliatory justice in the Russian Federation is going through the stage of formation and development and in the future is to become a demanded institution of judicial law.
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Świder, Konrad. "Russian Neo-Eurasian Geopolitics as a Total Ideology on the Example of Aleksandr Dugin’s Concept." Civitas. Studia z filozofii polityki 25 (December 30, 2019): 61–85. http://dx.doi.org/10.35757/civ.2019.25.04.
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The purpose of this article is to outline the geopolitical concepts of Aleksandr Dugin, the guru of Russian Eurasian geopolitics as a total ideology. After the collapse of the USSR, there was a rapid renaissance of geopolitics in Russia, which was an ideological attempt to rationalise the role and place of the post-Soviet Russian state in the post-Cold War international system. The dynamic development of geopolitics in Russia was also a way for the Russians to overcome the post-imperial trauma and the post-Soviet identity crisis. Geopolitics was to define the global aspirations and goals of the Russian Federation, being the quintessence of postmodern Russian messianism and setting a new historical mission for this state. One of several geopolitical trends in Russia was neo-Eurasianism, whose main ideologist was Aleksandr Dugin. The Russian geopolitician has proceeded to formulate a total ideology based on geopolitics for Russia, which is to constitute an intellectually and conceptually attractive synthesis of all the universalist ideologies practised in this country throughout history. Dugin tries to integrate geopolitics with the metaphysics and philosophy of being, transforming it into a kind of ideocratic sacrum and ideological signpost for the contemporary Russian state.
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Vergano, Paolo, and Irina Kireeva. "WTO Negotiations with Respect to Geographical Indications and Russia's Position on the Protection of Appellations of Origin." Review of Central and East European Law 29, no. 4 (2004): 475–96. http://dx.doi.org/10.1163/1573035042523677.
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AbstractThe present article examines the current stage of the WTO negotiations with respect to the protection of geographical indications (GIs). GIs are distinctive signs that associate products of quality and reputation with their place or area of production and, thereby, help identify and distinguish such products on the market. Well-known examples of geographical indications include Irish Whiskey, Gorgonzola, Tequila, Bordeaux, Roquefort, Antigua Coffee, and Parma Ham. This article examines the manner in which geographical indications are protected in the Russian Federation. Russia considers protection of this type of intellectual property to be one of the key TRIPs issues and is seen to fully support the position of those countries that are demanding enhanced protection of geographical indications around the world. One of the major problems in respect to the protection of intellectual property in Russia is the fact that enforcement of intellectual property laws has—thus far—been rather limited. In conclusion, the authors suggest that Russia's entry into the WTO will prove benefi cial to both Russia itself and to other WTO Members with respect to intellectual property protection.
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Norros, Merja. "The System of International Legal Cooperation in Criminal Matters in Russia: Council of Europe Conventions in the Field of Penal Law and Their Implementation in Russia." Review of Central and East European Law 29, no. 4 (2004): 497–525. http://dx.doi.org/10.1163/1573035042523659.
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AbstractThe two most important Council of Europe conventions in the penal field—the Convention on Extradition and the Convention on Mutual Assistance in Criminal Matters—entered into force with respect to the Russian Federation in March 2000. The present article examines whether these conventions are fully implemented in Russia. Four research problems are identifi ed: (1) What kind of obligations have the European Conventions established for the contracting parties? (2) How is the fulfi llment of these obligations monitored by the Council of Europe and the member states? (3) How are the criteria for adequate international legal cooperation fulfi lled by Russia? and 4) Is cooperation with Russia different from cooperation with other countries and how could this cooperation be improved? The present article includes an empirical part, which provides statistics on requests for judicial assistance. The method is comparative. Altogether forty-one criteria have been formulated in order to evaluate systems for judicial cooperation. These criteria are organized into three groups, dealing respectively with: (i) legislative; (ii) institutional; and (iii) human resources aspects. The article stresses the signifi cance of the Committee of Experts on the Operation of European Conventions in the Penal field (PC-OC) in ensuring unanimous interpretation of the conventions. For the first time, the new Russian Criminal Procedure Code (2001) includes provisions on international cooperation, which are therefore carefully analyzed. The writer concludes that most of the main provisions of the European conventions have been implemented in Russian legislation. There are, however, some legislative gaps, i.e., concerning provisions on the searching, freezing, and confi scation of proceeds derived from criminal activity on the basis of a foreign request. In addition, some problems remain in administrative structures, such as five central authorities instead of one. Finally, the information and training concerning conventions is not (yet) suffi cient thereby resulting in certain practical difficulties.
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Reshetnikova, G. A. "THE CONCEPT OF "NATIONAL INTERESTS" IN THE CONTEXT OF NATIONAL SECURITY OF THE RUSSIAN FEDERATION." Bulletin of Udmurt University. Series Economics and Law 30, no. 3 (June 26, 2020): 438–44. http://dx.doi.org/10.35634/2412-9593-2020-30-3-438-444.
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“National interests” form the basis for the formation of not only foreign, but also the internal policy of the state. An objective indicator of this is the totality of socio-economic, political, organizational, legal actions of government bodies and management on their implementation. The practical expediency of the phenomenon of “national interests” depends on its theoretical consistency. As a new phenomenon for modern Russia, “national interests” require its understanding and scientific development. Guided by the provisions of political documents in the field of ensuring national security of the Russian Federation, relying on the results obtained by researchers in the field of philosophy, political science, the history of legal and political studies, ethnography, etc., the author of the article has undertaken a search for the conceptual nature and essential properties of this multicomponent phenomenon.
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Lukashuk, Igor I., and Galina K. Dmitrieva. "The Russian Federation Law On Citizenship." Review of Central and East European Law 19, no. 3 (1993): 267–92. http://dx.doi.org/10.1163/157303593x00194.
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Almakaeva, Svetlana V. "Corporate Taxation in the Russian Federation." Review of Central and East European Law 21, no. 1 (1995): 41–58. http://dx.doi.org/10.1163/157303595x00129.
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Kahn, Jeffrey. "Law and Legal System of the Russian Federation." Review of Central and East European Law 33, no. 2 (2008): 239–47. http://dx.doi.org/10.1163/092598808x262623.
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Braginsk, M. S. "Legal Regulation of Entrepreneurship in the Russian Federation." Review of Central and East European Law 19, no. 4 (1993): 365–402. http://dx.doi.org/10.1163/157303593x00266.
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Rakhmilovich, V. A. "The new civil code of the Russian Federation." Review of Central and East European Law 22, no. 2 (March 1996): 135–52. http://dx.doi.org/10.1007/bf02743447.
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Timmermans, Wim A. "Legislative Survey of the Russian Federation: January-June 1991." Review of Central and East European Law 19, no. 2 (1993): 195–220. http://dx.doi.org/10.1163/157303593x00158.
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Timmermans, Wim A. "Legislative Survey of the Russian Federation: July-December 1991a." Review of Central and East European Law 19, no. 3 (1993): 319–23. http://dx.doi.org/10.1163/157303593x00220.
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Pozhitkov, Igor. "Copyright and Neighboring Rights Protection in the Russian Federation." Review of Central and East European Law 20, no. 1 (1994): 53–83. http://dx.doi.org/10.1163/157303594x00058.
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Avilov, Gainan. "Legislative Survey of the Russian Federation: September-December 1993'." Review of Central and East European Law 20, no. 3 (1994): 321–26. http://dx.doi.org/10.1163/157303594x00229.
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Avilov, Gainan. "Legislative Survey of the Russian Federation: May-August 19941." Review of Central and East European Law 21, no. 2 (1995): 177–224. http://dx.doi.org/10.1163/157303595x00093.
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Timmermans, Wim A. "Bankruptcy legislation in the Russian Federation: Protection of creditors." Review of Central and East European Law 22, no. 4 (July 1996): 425–54. http://dx.doi.org/10.1007/bf02731886.
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Trofimenko, Andrei. "The Legal Regulation of Information Relations: A Note on the Use of the Internet in the Russian Federation." Review of Central and East European Law 29, no. 3 (2004): 407–20. http://dx.doi.org/10.1163/1573035042132923.
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AbstractThe present note examines the current state of affairs relating to the legal regulation of information in Russia. Special attention is paid to the legal rules and regulations connected to using the Internet. On the basis of an analysis of the legislation in force, a conclusion is drawn that the legislator has (to date) failed to pay sufficient attention to the specifi c features of these relations. In particular, the problem of applicability of the legislation governing mass media to the legal relations relating to the Internet will be considered in this article. Specific criteria are offered, allowing one to make a substantiated conclusion about the applicability of mass media legislation in this special case.
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Leontieva, O. B., and L. G. Mkrtchyan. "Armenian diaspora in Russia: contemporary approaches to studying." Vestnik of Samara University. History, pedagogics, philology 26, no. 4 (December 30, 2020): 8–14. http://dx.doi.org/10.18287/2542-0445-2020-26-4-8-14.
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The purpose of the review is to characterize general theoretical approaches to the study of diasporas in contemporary science and to present a historiographic analysis of the study of the Armenian diaspora in Russia. The research is based on a complex of historiographic sources: monographs, collective works, scientific articles, theses, that are devoted to the phenomenon of diasporas in the modern world. The authors emphasize the relevance of the study of diasporas in the context of globalization, mass migration, formation of new ethnic communities and polemics around the policy of multiculturalism. At present, the study of diasporas is conducted within the frameworks of history and philosophy, sociology and political science, ethnology and cultural studies, demography and economics, which explains the variety of methodological approaches to the phenomenon of the diaspora. Representatives of different humanities distinguish such defining features of the diaspora as stable ethnic (nostalgic) identity and collective memory, the presence of self-organization and a developed network of intragroup communications, a special style of life behavior and strategies for survival in the host society. These theoretical approaches find application in the study of the Armenian diaspora in Russia, which is a part of the world Armenian diaspora and at the same time has unique socio-cultural characteristics. Currently, the Armenian diaspora in Russia is widely studied both on a national scale and at the regional level, however, most studies cover only the southern regions and the capital of the Russian Federation. The creation of a comprehensive history of the Armenian diaspora in the Middle Volga region is an urgent scientific task. In the final part of the review, the authors outline possible prospects for further study of the Armenian diaspora in Russia and individual regions; this task can be solved using an interdisciplinary approach.
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Pistor, Katharina. "Demarcation of State and Municipal Property in the Russian Federation." Review of Central and East European Law 19, no. 2 (1993): 161–74. http://dx.doi.org/10.1163/157303593x00112.
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Pozhitkov, Igor B. "Law of the Russian Federation On Copyright and Neighboring Rights." Review of Central and East European Law 20, no. 1 (1994): 85–114. http://dx.doi.org/10.1163/157303594x00067.
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Simons, William B. "Instruction On the Organization of Work of Agencies of Internal Affairs of the Russian Federation in Examining Questions of Citizenship of the Russian Federation." Review of Central and East European Law 19, no. 3 (1993): 310–18. http://dx.doi.org/10.1163/157303593x00211.
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Popondopulo, Vladimir, and Andrei Bushev. "On Striking the Balance of Shareholder Interests During the Consolidation of Shares." Review of Central and East European Law 31, no. 3 (2006): 259–90. http://dx.doi.org/10.1163/157303506x129404.
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AbstractThe authors present an analysis of the developments in Russian state policy in finding a balance of interests between majority and minority stockholders in the event of the use of the legal institution of consolidation of shares. They argue that in the contemporary economic and legal environment, the development of corporate governance in Russia will be drawn towards the German model (in the traditional conception thereof) with its orientation to a large degree on the protection of strategic investors.The incentivization of institution and individual investors in the corporate governance of a company may significantly be supported by the Russian state during the next stage of economic development of the RF, as the institutional infrastructure, as well as enforcement practice will be improved. That having been said, in resolving a conflict (including in the promulgation of legal norms) among various groups of shareholders, it goes without saying that the lawful interests of all actors need to be taken into account. On the basis of Russian legislation and case law of the RF Constitutional Court, the authors set forth arguments supporting the conclusion that corporate governance is a tool by which, firstly, provision is made for various interests, and secondly risk of abuse by person having a significant degree of managerial influence is lowered.If, at the end of the day, the public interest dictates the necessity of a redistribution in law of the risks (of possible gain and loss) in favor of one of the actors involved in an economic conflict (for Russia this would be strategic investors), the interests of the "suffering" investors (first and foremost individual investors) must be restored by way of the payment to them of reasonable compensation. The redistribution in legislative acts of risks in favor of one of the parties in a stockholders' dispute must be fair (spravedlivyi). Therefore, a diminution of interests must not only be accompanied by the payment of compensation but must, also, be grounded in the consent of the party that has suffered the diminution of its interests. This line of thinking is illustrated by examples from the case law of the Russian Federation Constitutional Court including the issue of the constitutionality of consolidating shares of stock.
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SAVEL'EVA, Irina V., and Corien Prins. "Computer Program Copyright Law in the Russian Federation: International Experience and Russian Reality." Review of Central and East European Law 19, no. 1 (1993): 31–56. http://dx.doi.org/10.1163/157303593x00022.
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Hallinan, Dara. "Orthodox Pluralism: Contours of Freedom of Religion in the Russian Federation and Strasbourg Jurisprudence." Review of Central and East European Law 37, no. 2-3 (2012): 293–346. http://dx.doi.org/10.1163/092598812x13274154886863.
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AbstractThis article takes as its principal question whether the Russian protection of freedom of religion in law and practice is compatible with the model created by Strasbourg jurisprudence. Considering freedom of religion as a keystone of the Strasbourg model of democracy and in light of increasing concern and uncertainty at democratic progress in the Russian Federation, the article attempts to isolate the realities of the situation in relation to this unique right. It considers both systems in law and their operation in a broader social context and finally considers issues of compatibility between them. In its conclusion, the author argues that, although the Russian Federation's legal framework establishes a similar model of protection to that of Strasbourg, this framework has been manipulated and diminished in importance by, and because of, extralegal relationships (particularly between the state and the Russian Orthodox Church) to the point where it is impossible to say that the systems are compatible. Further, the author suggests that the fact that these extralegal relationships can play such a role shows deep fissures in the rule of law in this area. This is indicative of wider problems relating to domestic rule of law generally and is therefore indicative of problems relating to foundational democratic principles.
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Kanachevskii, Vladimir. "International Organizations and Foreign States: Participants in Civil Law Relations in Russia." Review of Central and East European Law 29, no. 1 (2004): 15–34. http://dx.doi.org/10.1163/157303504773821149.
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AbstractThe author examines the legal status of international organizations and foreign states in trade and commerce in the Russian Federation. The specifi c issues which are touched upon by the author include general problems of the participation of public entities—such as international organizations as legal persons and the immunity of foreign states and international organizations—in civil law relations. The author concludes that domestic legislation should not be considered to be the only source of law for regulating private international relations involving states; practice illustrates that international treaties are also a source of such rules and regulations. Special attention in this article is devoted to characteristic features of the legal personality of international organizations, the sources of law regulating relations in which international organizations participate, the role of domestic law and internal rules of international organization itself, the various aspects of the legal capacity of international organizations as subjects of Russian civil law including agreements involving international organizations, the legal status of their separate divisions, issues relating to the property rights of international organization, and the civil law status of representatives of foreign states attached to international organizations (and their civil servants). The legal base for this research is formed by international treaties, the charters and internal rules of international organizations, and rules of Russian civil legislation as well as decisions of Russian and international judicial bodies. By way of conclusion, the author postulates that it is wise for domestic (and foreign) natural and legal persons, which enter into relations with the international organizations and foreign states, to take into consideration the specifi c nature of the above-mentioned subjects. In practice, this may result in dismissal of a plaintiff 's claim in a RF court where the defendant is an international organization or foreign state. It may thereby be impossible to hold such an organization or state civilly liable (without its consent) for breaching a contractual undertaking.
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Smith, Stephen. "The Provisions on Gift in the Civil Code of the Russian Federation." Review of Central and East European Law 30, no. 1 (2005): 77–100. http://dx.doi.org/10.1163/1573035053683227.
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AbstractThe author offers a critical examination of the provisions on gift in the Civil Code of the Russian Federation. Focusing narrowly on the text of the code, the paper starts with a broad overview of, and commentary on, the provisions and then provides a detailed article-by-article commentary on individual provisions. Potential difficulties are identified (especially with respect to the notion of transfer, the repetition of articles, and the code's development of the concept of fiducia) and suggestions are offered for how the text might be clarified or, in certain cases, substantively changed. The author observes that the legal framework provided by the Russian code to regulate gift is a fundamentally sound one that broadly echoes the approach taken in other civil law jurisdictions.
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RAMAZANOVA, D. Sh. "SEPARATED DAGHESTAN NATIONALITIES (THE LEZGINS, THE TSAKHURS, THE AVARS): POPULATION AND SETTLEMENT PATTERN IN THE END OF THE XIX CENTURY THE BEGINNING OF THE XXI CENTURIES." Historical and social-educational ideas 10, no. 3/2 (August 4, 2018): 125–35. http://dx.doi.org/10.17748/2075-9908-2018-10-3/2-125-135.
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Being the part of Russia throughout different periods Daghestan had various administrative and political status (as an oblast being the part of the empire) an autonomous Republic of the RSFSR (USSR), as a Republic of the Russian Federation. Upon that, the borders of Russia as a state were set without regard for the interests of the nationalities, populating it, but taking into account the interests of the state exclusively. In the XIX century this policy gave birth to the problem of separation among daghestani nationalities (the Lezgins, the Tsakhurs, the Avars, the Kumyks) and the Nogais as well as in 1922-1923 their territory was included on the list of nationalities – the members of the Daghestan Autonomous Soviet Socialist Republic, but later it was the issue of exchanges between the RSFSR subjects. If the problem under discussion was topical within administrative and territorial borders of the Russian State, then, by the end of the 20th century it had the status of interstate problem – the first 3 of the enumerated nationalities were separated by state borders with the neighboring states of Azerbaijan and the Republic of Georgia. With the reference to the literary sources and the results of the demographic census, the author of the article shows the population changes and the settlement of the Lezgins, the Tsakhurs and the Avars in the Caucasian region in the end of the 20th the beginning of the 21st centuries, continuing the article serves on the problem of separation among Daghestan nationalities. In 2011 the problems of the Avars from the Kvarelski region in Georgia were discussed in the article published in “Izvestya Daghestanskogo Pedagogicheskogo universiteta”, where as in 2018 the problems of the Nogais, separated by administrative borders of the Russian Federation subjects on the North Caucasus were discussed on the pages of the magazine “Society: philosophy, history, culture”. All the above mentioned ethnic communities are officially labeled as “title (subject-forming) nationalities” in the contemporary Republic of Daghestan.
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Sahlas, Peter. "The Civil Code of the Russian Federation from Foreign and Comparative Law Perspectives: An Introduction." Review of Central and East European Law 30, no. 1 (2005): 1–6. http://dx.doi.org/10.1163/1573035053683236.
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AbstractThe author provides context to the readers of the six papers featured in this issue of the Review of Central and East European Law, which examine elements of the new Civil Code of the Russian Federation from foreign and comparative law perspectives. A brief history of the milestones in Quebec and Russian experiences in private law codifi cation is supplemented with a narrative describing the lead role played in the latter by the Private Law Research Center in Moscow, and the support role played by, among others, the McGill University Faculty of Law.
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Smith, Stephen. "The General Provisions on Contract in the Civil Code of the Russian Federation." Review of Central and East European Law 30, no. 1 (2005): 49–76. http://dx.doi.org/10.1163/1573035053683245.
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AbstractThe author offers a critical examination of the general provisions on contract in the Civil Code of the Russian Federation. Focusing narrowly on the text of the code, the paper starts with a broad overview of, and commentary on, the general provisions and their relation to other parts of the code, and then provides a detailed article-by-article commentary on individual provisions. Potential difficulties are identified and suggestions are offered for how the text might be clarified (and in particular simplified) or, in certaincases, substantively changed. The author contends that the general provisions provide for a legal framework that is appropriate in broad terms; however, individual articles in the provisions are not beyond criticism. The author makes clear that his criticisms and suggestions are largely at the level of fine-tuning, rather than first principle.
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Van Den Berg, Ger P. "Human Rights in the Legislation and the Draft Constitution of the Russian Federation." Review of Central and East European Law 18, no. 3 (1992): 197–251. http://dx.doi.org/10.1163/157303592x00177.
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Bardina, Marina P. "Competition and Monopolies in the Russian Federation: an Analysis of the First Law." Review of Central and East European Law 20, no. 3 (1994): 291–304. http://dx.doi.org/10.1163/157303594x00201.
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Yazdi, Ali Asgari. "Islamic Studies and Teaching Islam Studying and teaching Islam in the Islamic Republic of Iran. Methods and approaches (In Persian)." Minbar. Islamic Studies 11, no. 2 (September 21, 2018): 426–41. http://dx.doi.org/10.31162/2618-9569-2018-11-2-426-441.
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The article reflects the results of the international meeting “Theology and Islamic Studies in Russia and Iran: history, methods, educational approach.” The meeting took place in the Institute of Oriental Studies of the Russian academy on the 8th of May 2018. The Meeting Committee received a substantial grant from the Culture Section of the Embassy of the Islamic Republic of Iran in Russia. At the meeting took part over 20 scholars from various research and educational bodies of the Russian Federation and the Islamic Republic of Iran. Among them were scholars from the University of Teheran, the al-Mustafa International University, Moscow State University, St Petersburg State University, Bashkortostan State University in Ufa, the Daghestan Institute of Hunmanities, The Moscow State University of Foreign Languages, the Pyatigorsk State University, and the Russian Presidential Academy of National Economy and Public Administration. In the article Prof. Yazdi outlines the recent trends in teaching Islamic theology and Islamic studies in the University of Teheran. The outstanding results gained by the scholars of this University in the field of Islamic education has attracted a vivid interest of their Russian colleagues. The teaching of Islam in the Islamic Republic of Iran runs in the four main directions:1. Teaching of Islam in the traditional framework combined with rational sciences and philosophy.2. Islamic studies and Islamic theology as a separate teaching module in the leading Universities of Iran.3. Islamic studies are combined with teaching of exact sciences as in the Imam Sadiq University (Tehran), the Motahhari University (Mashhad, Razavi Khorasan Province) and the Imam Reza University (Mashhad, Razavi Khorasan Province).4. Islamic studies constitute an integral part of University education in Iran.The teaching of Islam in the Islamic Republic of Iran is based on the Islamic tradition, philosophy and rational sciences. Therefore, the theology is considered as one of the aspects of the rational teaching. This is the basis of the Iranian moderate Islam. The author shares his practical experience of teaching Islam and Islamic sciences of many years.
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Smith, Stephen. "The General Provisions on Purchase and Sale in the Civil Code of the Russian Federation." Review of Central and East European Law 30, no. 1 (2005): 101–60. http://dx.doi.org/10.1163/1573035053683191.
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AbstractThe author offers a critical examination of the provisions on purchase and sale in the Civil Code of the Russian Federation. Focusing narrowly on the text of the code, the paper starts with a broad overview of, and commentary on, the provisions and then provides a detailed article-by-article commentary on individual provisions. Potential difficulties are identified (especially with respect to transfer of ownership, remedies, and the code's attempt to blend common and civil law approaches to sale) and suggestions are offered for how the text might be clarified or, in certain cases, substantively changed. In view of the broad similarity between the provisions on sale in the Russian code and the rules on contracts of sale applicable in Western market economies generally, the paper proposes neither far-ranging criticisms nor radical reforms of the Russian law.
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Jankiewicz, Szymon, Nadezhda Knyaginina, and Federica Prina. "Linguistic Rights and Education in the Republics of the Russian Federation: Towards Unity through Uniformity." Review of Central and East European Law 45, no. 1 (March 13, 2020): 59–91. http://dx.doi.org/10.1163/15730352-bja10003.
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This article traces the evolution of the debate on the balancing of federal and regional competences in regulating the use of minority languages in Russia’s education system. Taking into account relevant law and judicial practice, as well as developments in center-periphery relations since 2017, the article argues that the federal center has been increasingly depriving Russia’s republics of the ability to self-regulate in the education sphere – particularly over the question as to whether they may require the compulsory study of republican languages (recognized as co-official with Russian) in schools located within their administrative borders. These processes can be located in the context of the centralization of the education system and a corresponding reduction of multilingualism in Russia’s schools. This can, in turn, be seen as part of an underlying drive to promote national unity through uniformity, through the dilution of the country’s linguistic and cultural diversity and a concurrent emphasis on the primacy of the Russian language. The article further argues that the Russian education system’s centralization has been ongoing: while it has intensified since 2017, the trajectory of the jurisprudence shows an earlier movement towards a concern for ‘unity’ that anticipated it.
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Prins, Coriens. "Law of the Russian Federation "On the Legal Protection of Computer Programs and Databases"." Review of Central and East European Law 19, no. 1 (1993): 57–67. http://dx.doi.org/10.1163/157303593x00031.
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Vasilieva, Liya. "Compatriots Abroad: Preserving the All-Russian Cultural Identity." ISTORIYA 12, no. 6 (104) (2021): 0. http://dx.doi.org/10.18254/s207987840015996-4.
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Based on the principle of continuity of the Russian statehood, the recognition of a person, his rights and freedoms as the highest value, and the focus on modern democratic achievements, the Russian Federation supports compatriots living abroad in the exercise of their rights, ensuring the protection of their interests and preserving the all-Russian cultural identity. For this purpose, an independent direction of state policy was identified, and an appropriate legal framework was formed. According to the Strategy of the State National Policy of the Russian Federation for the period up to 2025, the support of compatriots living abroad, the promotion of their relations with the Russian Federation and voluntary resettlement in the Russian Federation is one of the priorities of the state national policy of the Russian Federation. The importance of the issue of support for compatriots for the state is evidenced by the consolidation of the provision on support for compatriots at the constitutional level by the 2020 amendment (Part 3 of Article 69 of the Constitution of the Russian Federation): Clear constitutional guidelines were established for the further development of State policy in this direction. The article deals with the dynamics of legal regulation in the field of support of compatriots and legal problems in this area, the existing conceptual framework, foreign experience in regulating issues of support of compatriots.
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Lametti, David. "Objects of Private Property in the Civil Code of the Russian Federation and in the Civil Code of Quebec." Review of Central and East European Law 30, no. 1 (2005): 19–28. http://dx.doi.org/10.1163/1573035053683263.
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AbstractProperty norms, in expressing a relationship among people through resources, must address in some manner the organization of property rights and the classification of objects of property. Both the Civil Code of the Russian Federation and the Civil Code of Quebec express some notion of the idea of what the author has called property-as-object, taking the form of certain distinctions: movable/immovable, corporeal/incorporeal, capital/revenue, or in commerce/out of commerce.The Russian code contains a rich discussion of the objects of property, with a larger, more explicit formal role for objects in the understanding of property rights as compared to the Quebec code. The articles on objects in general manifest the traditional civilist distinctions, while set in the context of present Russian society.Moreover, notwithstanding some initial lack of clarity in the Russian code's classifi cation between the objects of property and the subject-matter of other patrimonial rights, the objects of property are clearly distinguishable as a category and are important to understanding property relations. Despite the focus in the Russian code on "things" as the objects of property as opposed to "rights in things", it is nevertheless the case that the latter are an important part of the property relationship, and cannot be disentangled from "things".
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Lametti, David. "Rights of Private Property in the Civil Code of the Russian Federation and in the Civil Code of Quebec." Review of Central and East European Law 30, no. 1 (2005): 29–48. http://dx.doi.org/10.1163/1573035053683209.
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AbstractPrivate property entails a relationship between people through objects. The objects of property rights form a necessary part of the property equation, and provide an understanding of the rights and obligations allowed and required in the exploitation of any given object. This often comes through the civilian notion of destination: the idea that certain resources have a specifi c teleology or accepted way of being properly exploited or used finds expression in various legal rules. The manner in which the destination is determined may vary: it may be formal, legal or merely tacit. This basic theme is amplified in this comparative study of the basic structure of private property rights and obligations in the Civil Code of the Russian Federation and in the Civil Code of Quebec. Other themes also become equally apparent in the course of this study. First, the Russian code contains a very rough approximation of the general structure of civil law property rights: a fullest right of ownership and different lesser entitlements or dismemberments. The dismemberments, however, are quite unique to the Russian context. Second, both property rights and obligations are articulated much more explicitly and elaborately in the Russian code than in the Quebec counterpart. Third, this express enunciation of obligations and limitations on all entitlements in turn is founded on the idea that ownership is a limited concept. This foundation is in no way in contradiction to the theory of ownership in Western legal theory and practice. Finally, as a general observation, the continuing role of the state in the Russian private property system as articulated in the Russian code is much more pronounced. This is true both in its role as a legislator and enforcement agent of property limitations, as well as its express role as an actor in certain of the lesser entitlements.
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Kashkin, S. Yu. "Artificial Intelligence and Robotics: The Possibility of Invasion of Human Rights and Legal Regulation of these Processes in the EU and the World." Lex Russica, no. 7 (July 31, 2019): 151–59. http://dx.doi.org/10.17803/1729-5920.2019.152.7.151-159.
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The paper analyzes the dangers faced by man and modern society in the light of the development of artificial intelligence and robotics in the fourth industrial revolution. The author examines the areas of human rights that are threatened by these advances in science and technology in case they are not properly monitored and regulated through legal advances. The historical and regional aspects of legislative regulation of the use of artificial intelligence units and robotics are investigated. Prospects of collision of artificial intelligence units with interests of the person and mankind, and also possible legal mechanisms of the resolution of the conflicts arising between them are analyzed. Using the methodology of comparative law, integration law, international law, analysis and synthesis, the author considers the latest documents of the European Union, EU member States, the United States, Russia, China, South Korea and other most representative countries of the world aimed at effective legal regulation of this promising area of development of modern law. The paper provides an analysis of the main trends in the evolution of modern law of science and technology that affect the life and realization of human and civil rights at the national, supranational and international level and the peculiarities of their legal regulation. The research is carried out on the interdisciplinary combination of elements of comparative law, integration, international and national law with reference to philosophy, sociology, history and prognostics. Conclusions are drawn on the possibility of using the world scientific achievements for the long-term development of the law of the Russian Federation. It is also possible to apply positive foreign experience of legal regulation of artificial intelligence and robotics adapted to the conditions of integration organizations with the participation of the Russian Federation.
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Chizh, Ivan M., Elena Yu Lemeshenko, Andrey B. Goryachev, and Oleg N. Afanasiev. "On the creation of a pharmaceutical safety system in the Russian Federation." History of Medicine/ru 5, no. 2 (2018): 122–32. http://dx.doi.org/10.17720/2409-5583.v5.2.2018.05e.
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Bowring, Bill. "Twentieth Century Totalitarian Regimes, Lustration, and Guilt for Crimes of the Past: Challenges and Dangers for the Strasbourg Court." Review of Central and East European Law 44, no. 1 (March 28, 2019): 91–116. http://dx.doi.org/10.1163/15730352-04401004.
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This article addresses a key contemporary problem confronting the Strasbourg Court. While it is well established that seeking the historical truth is an integral part of the right to freedom of expression, it cannot be the role of the Strasbourg Court to arbitrate underlying historical issues (Dzhugashvili v. Russia, 2014). Still less can it be for the Court to decide on individual or collective guilt for crimes of the past, rather than on violations of Convention rights. For example, the Court has found many violations of human rights in the more recent armed conflicts in Northern Ireland, South-East Turkey, Chechnya, or the Basque Country, but has never sought to pronounce on the legal or moral issues underlying these conflicts, or on their deep historical roots. However, the existence of the ussr for more than 70 years, and 12 years of Nazism in Germany, leading to wwii, dominated the 20th century in Europe. These have both been described as totalitarian regimes. The fall of the Berlin Wall in 1989 followed by the collapse of the ussr in 1991 led to dramatic changes not only in statehood and political systems, but also a strong desire for states emerging from the ussr or Soviet domination to purge the past, and to identify and punish wrongdoers. Various forms of lustration have been a product of this desire, with the exception of the Russian Federation, where the characterization and proper evaluation of its Soviet past are questions still unresolved. Increasingly the Strasbourg Court has been called on to decide highly controversial cases, for example Ždanoka v. Latvia (2006), Vajnai v. Hungary (2008), Kononov v. Latvia (2010), Korobov v. Estonia (2013), Soro v. Estonia (2015). The author was counsel for the applicants in some of these cases. I ask: what are the dangers and challenges for the Strasbourg Court in adjudicating such cases, and how can it avoid the appearance of taking sides in bitter and intractable arguments?
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Lametti, David. "General Concepts of Private Law Relating to Private Property in the Civil Code of the Russian Federation and in the Civil Code of Quebec." Review of Central and East European Law 30, no. 1 (2005): 7–18. http://dx.doi.org/10.1163/1573035053683218.
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AbstractThe paperidentifies some notable features on general private law ordering contained in the Civil Code of the Russian Federation. It does so by contrasting these provisions with similar articles and doctrine from the Civil Code of Quebec. The author points out several unique features of the Russian code and speculates on some of the potential implications of these features for private law ordering. These comments are meant to stimulate discussion and comparison, and are not meant to be exhaustive in either their descriptive content or substantive analysis. The Russian code convers similar conceptual territory as the Quebec code; thus, the organizing concepts are analogous. It is therefore not surprising that the animating themes of private laaw in the civilist tradition, major distinctions such as patrimonial and extra-patrimonial rights, real and personal rights, and various sub categories, find expression in the Russian code. The elaboration of these ideas is generally much extensive in the Russian code that in the Quebec code, although the iteration in the latter is arguably more concise, clear and coherent.