The European Court of Justice case of Elgafaji: the interaction between EU law and international humanitarian law
... prave ES [The doctrine of indirect effect (consistent interpretation) in EU law], Evrazijskij juridicheskij zhurnal [Eurasian legal journal], no. 10, pp. 26—37.
11. Garlick, M. V. 2010, The Common European Asylum System and the European Court of Justice.... ... Justice ten years on, Brussels, Centre for European Policy Studies (CEPS),p. 60.
12. Errera, R. 2011, The CJEU and Subsidiary Protection: Reflections on Elgafaji — and After, International Journal of Refugee law, vol. 23, no. 1, p. 112.
Ispolinov Alexei
...
The content of morality as an object of constitutional and legal protection
The article develops the concept of «morality» and establishes its content as an object of constitutional and legal protection. The author analyzes some legal provisions related to the protection of public morality. Another issue which is considered in this publication is the views of researchers who studied the content of morality as a matter of legal protection ...
Legal guarantees for international investment according to the legislation of the Russian Federation
... kommentarij) [Foreign investment: Russia and the international experience (comparative legal comment)], Moscow.
15. Silkin,V. V. 2003, Prjamye inostrannye investicii v Rossii: pravovye formy privlechenija i zawity [Foreign direct investment in Russia: legal forms to attract and protect], Moscow.
Nilov Konstantin
10.5922/2079-8555-2011-3-1
5-10
investment activity, legal guarantees, foreign investment, national regime, safeguard clause
The legitimation and criticism of violence in international law. A po¬litical science perspective
... paradoxical because modern international law — unlike classical law — is aimed not at regulating wars but maintaining peace. However, the UN Charter provides for the right to self-defence before the collective resolution is adopted. Despite rather strict legal restrictions and international court procedures, cases of abuse of this right occur on a frightening scale. A considerable threat is posed by that it is ‘indirect’ self-defence manifested in interventions, be it ‘humanitarian’ interventions to protect a diaspora (human rights) or the fight for the sphere of influence (in the name of sovereignty) wellknown since the Cold War. Thus, both variants considered by Kant proved to be vulnerable; the ambiguities, which were almost unnoticeable in his ...
Cultural heritage protection in Russia and Germany: challenges and solutions
... these states in this field. The study compares the laws and provides concrete examples of the legal framework. Particular attention is paid to public-private partnerships. It has been revealed that Russian legislation is more restrictive in terms of protection of cultural heritage, while the legal provisions and their practical application have stimulated the development of public-private partnerships (PPP) in Germany, which in turn has helped to preserve and put into modern use a significant number of cultural heritage objects. This experience ...
The international legal regulation of the status of voluntary human shields
... Humanitarian Challenges in Military Intervention Conference. Washington, D.
C. November 29, 2001. URL
:
http
://
www
.
duke
.
edu
/~
pfeaver
/
dunlap
.
pdf
(дата обращения: 1.07.11).
14.
Haas J.
Voluntary Human Shields: Status and Protection under International Humanitarian Law //
International Humanitarian Law and The 21
st
Century’s Conflicts: Changes and Challenges /
Arnold R., Hildbrand P.-A. (eds.) Lausanne; Berne; Lugano, 2005.
15.
Parrish R.
The International Legal Status of Voluntary Human Shields. Paper presented at the Annual Meeting of the International Studies Association. Montreal, 17 March 2004. URL: http://www.allacademic.com//meta/p_mla_apa_research_
citation/0/7/4/0/5/pages74057/p74057—1.php (
...
Bogdan Kistiakovy’s Project of “State of the Future” as Synthesis of the Ideas of Liberalism and Socialism
... and parallels in the contents of this project. The ‘state of the future’ as a rule-of -law socialist state should not only protect citizen’s rights and freedoms, which Kistyakovky supports as proponent of ‘natural rights’, but also ensure social ... ... society. The socioeconomic component is the most ‘Marxist’ element of Kistyakovsky’s project. It suggests an original legal interpretation of the idea of socialization of means of production. Kistyakovsky sees the capitalist form of economic organization ...
Management of Trans-boundary Water Resources: Comparing Russian and American Experiences
... ispol'zovaniju transgranichnyh vodotokov i mezhdunarodnyh ozer. Soversheno v Hel'sinki 17 marta 1992 g. [The Convention on the Protection and Use of Transboundary Watercourses and International Lakes. Done at Helsinki, 17 March 1992], available at: http://www.... ... Instruments and Governance, Albany, State University of New York Press.
6. Keohane, R. O., Moravcsik, A., Slaughter, A. M. 2000, Legalized Dispute Resolution: Interstate and Transnational, International Organization, Vol. 54, no. 3: Legalization and World ...
The problems of the protection of the Baltic Sea in the regions of the Russian Federation: the example of the Kaliningrad region
... Expedience and Perspectives of Applying the Principles and Norms of the EU Water Frame Detective // Transboundary Waters and Basins in the South-East Baltic (ed. B. Chubarenko). Kaliningrad, 2008. P. 162—176.
6.
Ehlers P.
Marine Environment Protection — the Baltic Sea Example // Marine Issues: from a Scientific, Political and Legal Perspective. Kluwer Law International, 2002. P. 93—104.
7.
Helsinki Commission.
Baltic Marine Environment Protection Commission. The Helsinki Convention. URL: http://www.helcom. fi/Convention/en_GB/convention/ (дата обращения: ...
Pedagogical support children in a conflict situation: legal aspects
... European Social Charter, the Strategy of the Council of Europe on the Rights of the Child. The documents are analysed in the light of the mechanism of pedagogical support for children. It is shown that the abovementioned documents, which guarantee the protection of rights, psychological and physical health and development of the child can be considered as the legal basis for the organization and implementation of pedagogical support for children in conflict situations within the systems of education and social welfare.
1. Декларация и план действий «Мир, пригодный для ...
Functions of the prosecutor's office of the Russian Federation in protecting the social rights of employees of healthcare institutions: theoretical and practical issues
... well the problems of legal regulation, the federal and regional legislation for the rights and legitimate interests of medical workers. The authors conclude that the proper attention given to the state of legality, the substantiation of theoretical and legal problems in such an important, relevant area today as the protection of the rights of domestic health workers, will improve labor legislation and health protection legislation, as well as increase the effectiveness of the prosecutor’s exercise of powers to supervision over the implementation of laws and the ...
A triune community: Fichte’s family law against the background of Kant’s practical philosophy (II)
... nature and legal effects of a legitimate divorce interpreted based on his moral anthropology of sexes as a moral fact and a legal status. A divorce, once accomplished in the moral substance, transforms the personal union of family partners into a concubinage,... ... essentially non-Kantian way. Against the background of these concepts, the article deals with questions of what the state has to protect and what it is entitled to punish in the domain of marriage.
1. Kant, I, 1965. Metafisicheskiye nachala ucheniya o prave ...
The model of proceedings in the court of first instance in the criminal procedure doctrine of Russia
The relevance of the study of proceedings in the court of first instance is determined by the need to build its model in the conditions of public and adversarial criminal proceedings, the purpose of which is to protect human rights. The criminal procedural norms regulating the resolution of a criminal legal dispute need to be systematized in order to apply them most effectively. Dialectical, axiological, synergetic research methods were used, as well as the theory of social action. Methods of information analysis and synthesis, comparative legal and ...
Some problems regarding the actor of penal legal relations
This article analyses the problems pertaining to the actor of penal legal relations. Through the example of the enforcement of a fine imposed on a juvenile offender, the author shows the interconnection between protective and penal legal relations and emphasises their similarity regarding the actor.
1.
Бриллиантов А.
В., Курганов С.
И.
Уголовно-исполнительное право Российской Федерации: учебник ...
The principles of economic protection of the marine environment of the Baltic Sea
This article identifies the principles behind the international protection of the marine environment of the Baltic Sea. The author analyses their content and legal force on the basis of the provisions of the UN Convention on the Law of the Sea, international conference declaration, as well as the judicial practice of the International Court of Justice, International Tribunal for the Law of the Sea, and international ...
Possession and possessory protection: the problems of legal regulation and practical implementation in the context of civil law reforms
This article focuses on the issues of introduction of possession and possessory protection into the Russian Civil Code. It is emphasized that the authors of the draft bill did not manage either to develop a consistent approach to possession as a fact or justify theoretically the need for such innovation and its practical significance ...
The role of the social institution of law in the protection of the health of the younger generation
This article focuses on the role of the social law institution in the protection of the health of the younger generation. The author considers the problems and prospects of legal support to children’s healthcare in Russia.
1.
Бендина О.
А.
Практики сохранения здоровья в контексте культуры: автореф. дис. … канд. пед. наук. Саратов,...
Performing verification actions before initiating a criminal case: theory and practice
... procedure, a number of issues remain regarding the system of verification actions, the criteria for their implementation, the protection of the rights of the persons involved, the possibility at this stage of conducting questioning as an operational-search ... ... study employs methods of synthesis and analysis, induction and deduction, as well as special methods of research in the field of legal science. The main problems concerning verification actions are examined, including the determination of their legal nature,...
A reasonable period of trial in a criminal case
... scientific methods, such as dialectical, axiological, and synergetic approaches, as well as the theory of social action and modeling. Moreover, the application of methods of analysis and synthesis of information, comparative legal analysis, and formal legal approaches allowed the author to reach reliable conclusions. The research established that failure to adhere to reasonable timeframes for judicial decision-making violates the rights of individuals involved in criminal proceedings. Ensuring the protection of individuals’ rights and legitimate interests is only possible when reasonable time limits in criminal procedure are observed. Based on the provisions related to compensation for violations of the principle of reasonable timeframes during ...
International legal protection of marine environment from vessel-source pollution
This article analyses the basic norms of international law on the protection of marine environment from vessel-source pollution. The universal and regional levels of legal regulation of preventing marine environment pollution are identified. Special attention is paid to the status of the Baltic Sea as a “special area” and as a “particularly sensitive sea area”.
1. Meeresumweltschutz für Nord- und Ostsee: ...
“Am I a trembling creature, or do I have the right”. Legal capacity in the election procedure
This paper analyses the legal capacity in the election legislation, including the differentiation between individual and collective rightsholders. The ... ... establishing the election results into the core of voting rights. The thesis about the peremptory nature of right to the judicial protection of voters is proved and the one about the influence of the electoral system type on the deprivation of voters’ rights ...
Legal Regulation of Disposition of Property Assigned to State and Municipal Unitary Enterprise
The article analyses some legal regulation problems concerning the disposition of property, assigned to them, by state and municipal unitary enterprises,... ... tendency towards the limitation of unitary enterprises’ authority in this field, which is reflected in the Law on Competition Protection.
1.
Лебедев К.
К.
Предпринимательское и коммерческое право. СПб....
Emotional and receptive-axiological aspects of the speech act of threat in everyday conflict communication in Russian
... threat, being an element of conflict discourse, contradicts the traditional principles of productive communication and the legal norms of any developed state. In everyday communication, a verbal threat can be regarded as a way of implementing communicative ... ... modern Russian speaker, threat is not a communicative taboo and can be deliberately used in conflict situations related to the protection of human dignity, life, social values, etc.
Antsupov, A. J. and Shipilov, A. I., 2000. Konfliktologiya [Conflictology]....
Migration policy of the Baltic states in the context of EU and Russian interests
... relocation mechanism and amending Regulation (EU) № 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third country national or a stateless person // EUR-Lex. 2015. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52015PC0450 (дата обращения: 08.09.2023).
16. Saliedētas un ...
The history of the development and formation of notaries in Russia: topical issues
... electronic (digital) notary office are outlined, and the expansion of the powers of notaries in the digital environment (certification of an electronic document; remote transactions, etc.) is analyzed. These measures are aimed at increasing the effective protection of the rights and interests of individuals and legal entities in the field of notaries.