Russian Journal of Legal Studies

13-20

Authors: Alexander А. Nasonov

In article the problem of participation in the Russian criminal legal proceedings of the person which delivery is requested by the foreign state for criminal prosecution rises. Its possibility to use the right to protection is proved. The structure of the right to protection which is presented by the rights of the person necessary for it for realisation of personal protection is resulted; the rights of the person to use services of the defender; the powers of the defender used for protection of the person which delivery is requested; the rights of the lawful representative of the minor person which delivery is requested, used by it with a view of protection of the represented. The bases of occurrence of the right to protection with reference to the person, the persons which delivery is requested, to which the general bases (norms of the right, правоспособность and capacity of the subject) and specific in the form of actual structure (a direction the requesting state to the required state of inquiry about deliveries of the person and the fact of reception of the specified document the required state concern are investigated also; the request for time detention of the searched person when the commission about delivery is not directed by the requesting party yet, but it assumes it to make and the fact of reception of such request the required party). Besides, distinction between legal subjects on protection and subjects of realisation of the right to protection is spent. Components of the mechanism of realisation of the right to protection are analyzed, its features one of which is ability to be one of remedial levers with which help appointment of criminal legal proceedings is carried out reveal.

29-36

Authors: Dmitry V. Semakov

The article presents several possibilities for legal risk allocation when entering into an agreement using the example of one of the most frequently encountered documents when carrying out business activities, a commercial lease agreement. Based on the fact that the regulation of the allocation of contractual risks according to the aсеs of the Russian Federation is, as a rule, of a provisional character, and according to the legislation of the Russian Federation regulating commercial leases, an analysis of the legislative and regulatory compliance practices in the Russian Federation, and the position of the Supreme Arbitrazh Court of the Russian Federation regarding the subject concerned, this work features practical recommendations that will help leaseholders and tenants under a commercial lease agreement to allocate to the fullest extent possible the future risks taking into account the desires of both parties as a part of the agreement entered.

45-52

Authors: Aleksey М. Zhygulin

The paper has studied the questions with relation to the positions of the participants of the armed conflict in the southeast of Ukraine in the aspect of international humanitarian law. The essence of the contradictions between the subjects of international relations arising from the classification of the armed conflict has been disclosed. The fundamental differences in the positions of the parties participating in the armed conflict in the region have been shown. The arguments in support of the position on the irreversibility of the processes forming the people of Donbass have been made out. The motive of the armed struggle of the rebel side has been chosen as a criterion of qualification of the conflict. It has been concluded about the international character of the conflict.