Russian Journal of Legal Studies

9-15

Authors: Krzysztof Bokwa, Iwo Jarosz

The constant development of public international law witnesses a steadily growing tendency of various non-state entities performing increasingly important roles in global relations and governance. Majority of these entities are what private law labels as corporations. This phenomenon is assessed in various ways on the basis of social sciences. Oftentimes commentators and scholars alike indicate grave risks related to the processes of corporatization of power and the privatisation of channels of governance and public services alike. Frequently there subsists a belief that these tendencies are novel. The science of the history of law, however, provides numerous evidence of previous occurrences of such phenomena. Deep analysis of past experiences, coupled with a careful comparison of differences and similarities between modern and bygone corporatization processes, will prove to be a fruitful venture helping lawyers and other social sciences’ scholars to hone their expectations and construct better. An interesting example regarding the modern era of international law's maturity is the history of the creation of the Congo Free State as a political entity organized and maintained by a private-law body corporate, and its subsequent recognition by what undoubtedly had been and would still be recognized by international law as traditional states. The article presents its history, also showing the historical context of corporate persons' participation in social and economic history as well as in international relations. The application of legal sciences research methods will include: the historical method (also in its systematic version), comparative legal research, critical and systematic analysis, critical-legal dogmatics.

28-40

Authors: Iwo Jarosz

The steady growth of the body of legal provisions and law’s significance in our modern, highly juridified and often over-regulated societies, renders the issues of free legal aid and legal awareness vital and always up-to-date. These issues then capture the attention of political factors and result in legislative action. An example of a regulation of free legal aid is the polish act on free legal aid, free civic counselling and legal education. The system of free legal aid created by this act is currently in its sixth year of operation, this itself a success worthy of appraisal. However, the system is burdened with certain flaws as to its operation and the status of persons active within it. The gravest inadequacy of the system, however, is that it failed to, even partly, include within it the pre-existing system of existing law school clinics in Poland, which have for years succeeded in coupling legal education (both of the participating students as well as of the public) with free legal aid offered to those who cannot bear the costs of professional legal services. This missed opportunity for synergistic operation of both systems has no good justification. The text employs the following legal research methods to critically analyse the shape of the free legal aid regulation currently in force in Poland, as well as how the regulation completely omitted the existing system of clinical legal education programs at Polish law schools: formal-dogmatic method, comparative method, historical method, sociological methods.

69-76

Authors: Krzysztof Bokwa, Iwo Jarosz

The paper discusses the old Hungarian private law and its development, an issue regretfully virtually non-existent in the present Western legal scholarship. Its peculiar character, intertwined with a vital role played by custom and judge-made law, atypically in a civil-law system. The authors recount the history of the Hungarian laws and its oldest sources, beginning with Tripartitum. Afterward the turbulent history of Hungarian law in the 19th century is described, specifically the efforts to introduce and force upon Hungarians the then-modern Austrian law after the demise of the 1848 Spring of Nations upheaval, as well as the Hungarians’ efforts to resist such endeavours, successfully completed with the restating of the old legal system as executed by Judex-Curial Conference of 1861 through the Provisional Judicial Rules. Finally, the law-making role of the Hungarian courts is discussed. All that shows, when compared to other systems, that Hungarian private law, though it may seem obstructed from the interests of legal scholars in the West, is a creation of an exceptional character, whose careful examination may prove more and more expedient in the context of the decodifying and globalizing of law in 21st century.

88-99

Authors: Edgar Meyroyan

In view of the variance of substantive norms existing in the law of transboundary watercourses, which may also be categorized according to their importance, the author of the present work analyzes the principle of equitable and reasonable utilization of transboundary watercourses which as such stands to be the most progressive and fundamental principle on the basis of which the rest of the substantive norms of this particular sphere operate. The principle under discussion rests midway between the two competing doctrines of the law of transboundary watercourses: the absolute territorial sovereignty and absolute territorial integrity. Historically, when the rule of equitable and reasonable utilization was formulated, the corpus of international environmental law was premised upon concerns that were either completely unknown or of peripheral importance or contradictory inter se. The principle of equitable and reasonable utilization was thus formulated to reconcile many of those concerns and establish a new reality in the sphere under consideration.

9-16

Authors: Alirezā Lotfi Dodrān, Seyedeh Maryam Asadinejād, Seyed Mohammad Asadinejād

The item of transaction is either a property (like goods) or an action (doing the work), and the promisor should surrender the property that is being traded and he must fulfill the action if the item of transaction is an action. If at the time of the conclusion of the contract, there is no power to surrender the sold good or the promisor had no power for doing the action, the contract is void from the outset because of its risk. However, if for example, the seller had the power to surrender and the promisor also had the ability to do the action from the beginning, but after the contract he has failed to surrender the item of transaction or do the action permanently and absolutely due to the fault or accidentally; in this case, the contract was correct from the beginning until the time of incapability. However, when they fail to surrender, the contract is dissolved or terminated. Therefore, the contract will not be voided if the impossibility of surrender or impossibility in the fulfillment of the contract is temporary. Rather, it brings the impossibility of surrender for the beneficiary. Considering the fact that the legislator did not use the term of the option of impossibility of surrender, so there is a dispute on the right to terminate the contract in this respect, however, it can be understood from studying some of the regulations of this sentence.

29-36

Authors: Dmitry A. Kirillov, Ekaterina G. Sechenova

The article discusses the approach to ensuring the practical focus of higher legal education under the conditions when a significant part of legal provisions "do not operate". For this, the the authors of the article propose using simplified models of legal understanding in the educational process. In developing these models, the authors of the article took into account the following circumstances. The teaching of legal disciplines in Russian universities is more and more complicated every year due to an increase in the number of laws that belong to the category of “acting” only formally, and therefore are not sources of law in the formal sense. Until about 2008, the teacher used the universal rule about the gap between the “static” form and the “dynamic” content. To explain the phenomenon of "unworking" laws such approach was didactically sufficient and methodologically correct. This rule indicated the need for the state to gradually eliminate obsolete laws from the legal space. However, in the last decade such an explanation has obviously become insufficient. So, by 2008, for a “median” practicing Russian lawyer, questions of whether or not this or that law worked in a particular legal situation were put forward as relevant; if the law works, then what “rule" should be applied instead of it to solve a legal problem. Accordingly, in the didactic aspect, a problem arose – how to restructure the teaching of legal disciplines if there are so many laws that are not sources of law (“do not work”). There are many concepts of legal understanding, from the positions of which one can explain the current state of things. However, most of them are difficult for students. The authors of the article propose a simplified model of legal understanding. It distinguishes three blocks - non-working laws, working laws, as well as the rules applied instead of non-working laws. For didactic purposes the authors of the article suggest to apply a differential use of such concepts as "legal law", "law", "feigned legal fact", "feigned legal space" depending on the audience's level of competence. A differentiated approach to groups of students with different levels of legal training also seems reasonable.

47-57

Authors: Sergey E. Smirnykh

The article discusses the rights of some of the most vulnerable groups of the population in international and national law. In particular, it is noted that the rights of the most vulnerable groups of the population as a type of human rights exist within certain states. The implementation and protection of the rights of the most vulnerable groups of the population is a pressing issue, both for the entire international community and for individual states. The interaction of international and national law in the field of the rights of the most vulnerable groups of the population is carried out to satisfy social interests. One of the challenges in protecting the rights of the most vulnerable groups of the population is the need to intensify efforts to eradicate all forms of violence against women. In the context of globalization, the rights of children and persons with disabilities are also of great importance, both for individual states and for the entire world community as a whole.

12-19

Authors: Ivan Nebol’sin

The article analyzes the empowerment of the European Border and Coastal Agency (FRONTEX) on the basis of European Union law. The prerequisites for a change in the legal regulation of FRONTEX activities in 2016 and the reform currently being carried out in order to enhance the protection of external borders in the European Union are given. The powers of the FRONTEX, in accordance with the Regulations of 2016, and key aspects of the 2018 project proposed by the European Parliament and the European Council are analyzed. The procedure for joining the FADO system to the FRONTEX agent is disclosed. All changes show a higher level of integration of European states in the field of the protection of external borders.

26-34

Authors: Vladislav Savin

The aim of this article is to identify and classify different approaches to legislation on Czech system of administrative courts, the underlying causes of these approaches, and the impact of this system on the practice of consideration of cases. In this paper the formal-legal method, method descriptions and method of text analysis used. In doing so, scientific works in the mentioned area, relevant regulations of the observed state entities, as well as newspaper texts and electronic databases were used .In connection with the need to resolve administrative disputes related to state interference in the private life of people, advanced approaches to administrative procedural legislation have been established. The Czech Republic has codified administrative legislation and special legislation for the resolution of administrative disputes. This includes the act № 131/2002 Coll. of 15 March 2002. "On decision-making in certain competence disputes" and the act of 21 March 2002 № 150/2002 Coll. "Rules of administrative procedure". The administrative courts of the Czech Republic monitor the implementation of European legislation on the territory of the state. The role of administrative courts in the judicial system of the Czech Republic is assessed.

53-57

Authors: Luan Nguyen Thanh, Hue Duong Dang

This study states experienced lessons in building and completing law of economics and right in rem in Vietnam at present which based on the study of Russian Federation’s law in those issues. All of the lessons will include: defining the objective and freedom level of the economy; diversifying the ownership forms and ownership of municipal administration; applying the theory of right in rem in constructing legal system. The article considers the legislation of Vietnam and the Russian Federation.

10-21

Authors: Dusan Dabovic

The aim of this article is to identify and classify different approaches to legislation on genetically modified organisms, the underlying causes of these approaches, and typical examples of different policies. In this paper the formal-legal method, comparative method, method of text analysis and statistical method were used. In doing so, scientific works in the mentioned area, relevant regulations of the observed state entities, as well as newspaper texts and electronic databases were used. In accordance with the classification of the application of new technologies, especially biotechnology, which can lead to concerns about the effects on human and animal health, as well as on the environment, basic approaches to GMO legislation have been established – from permissive, through cautious, to prohibitive approaches. As the characteristic examples of different approaches, appropriate regulations at the highest level of authority in the US, EU, China, the Russian Federation, as well as in the Republic of Serbia have been analyzed. In addition, in each of these entities, regulations at the lower level of authority were observed, which differently regulate the use of GMOs.

30-39

Authors: Sergey E. Smirnykh

The article explores topical issues of the influence of international information security on the exercise of the right of peoples to self-determination in the context of globalization. The creation of a single international information space has both positive and negative aspects. Under these conditions, ensuring the security of states is possible only within the framework of a collective strategy. Various threats to international information security have been investigated. Some points of view on the concept of international information security are considered. International documents enshrining the provisions on the right of peoples to self-determination are analyzed. Topical issues of the principle of territorial integrity of states are considered. It is noted that the issues of the influence of international information security on the exercise of the right of peoples to self-determination in the context of globalization are also relevant for Russia.

49-57

Authors: Victor V. Vorobyov

Crime in the sphere of computer information tends to steady growth and mentions the major fields of activity not only the certain states, but also the world community in general. In this regard, exclusively relevant is an improvement of the legislation on counteraction to these criminal encroachments. By the analysis, logical and comparative and legal methods of knowledge it was revealed that the Russian criminal legislation in the sphere of fight against computer crimes has a number of essential shortcomings to which it is possible to carry: lack of legal interpretation of many terms which are contained in articles 159.3, 159.6, 187, 272, 273, 274 Criminal Code of the Russian Federation; shortcomings of designs of these articles; inconsistency of the Russian criminal legislation with the international legal acts and also shortcomings of the international cooperation in counteraction of computer crime. The data of judicial statistics on convicts provided by the author in Russia for commission of computer crimes from 2003 for 2017 I support conclusions about existence of problems in this area of law-enforcement activity. Synthesis, generalization and analogy as knowledge methods, allowed to give author's definition to such concepts as: "illegal access to computer information"; "malicious computer application". For the purpose of improvement of the criminal legislation of Russia, offers on introduction of additions in article 272-273 of the Criminal Code of the Russian Federation are made and also new Art. 274.1 of UKRF is subject to the critical analysis.