Russian Journal of Legal Studies

Number 4 (1), 2017

4-13
Property and Use Rights of Agricultural Land in the Republic of Serbia

Authors: Dusan D. Dabovic

Abstract

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Number of views: 362

The main objective of this study is to determine the legal framework for the ownership and use of agricultural land in the Republic of Serbia. The methods used in the study are the formal-legal method, and the text analysis. The used sources and the materials are the Serbian regulations of various levels of the government (republic, autonomous regions, and local self-government), international agreement, as well as scientific works and other documents. In the first part which relates to the Constitutional norms and charges of the various levels of the government, author presented the relevant Constitutional provisions and methods of regulation in this field at the level of autonomous regions and local self-government. The provisions of the law relating to property rights and the right to use agricultural land are discussed in details, as well as regulations governing the planning, protection and management on agricultural land, given that these issues are directly related to the right to use the land for agricultural purposes. In addition, the European integrations of Serbia are considered in the area of agricultural land, that is, the Agreement on Stabilization and Association, concluded with the EU Member States, which is partly related to the issue of ownership of agricultural land.

14-23
The Compatibility between Chinese Policy and Law of the South China Sea and International Law

Authors: Nguyen Ba Dien, Mai Van Thang

Abstract

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Number of views: 348

The article analyzed the provisions of the maritime policy and law of China in the South China Sea in comparison with such fundamental principles of international law as the sovereign equality of States, non-use or threat of force, the settlement of international disputes by peaceful means, conscientious fulfillment of obligations under international law, duties of States cooperate with each other and other principles of international law of the sea: the actual possession of the islands and territories, consistency, equity in maritime delimitation, marine environmental protection, freedom of the seas, the peaceful use of the world's oceans. On the basis of the conclusion of the contradictory policy and legal provisions of the PRC in this area and the need for and the importance of the termination of illegal actions for the sake of peace, security and international law.

24-31
“The Ultimate Responsibility of State” for Radioactive Waste Disposal: A concept of International Law

Authors: Jakub Handrlica

Abstract

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Number of views: 351

The very special nature of radioactive waste triggers variable challenges to the allocation of responsibilities between the state and waste generators, then is usual by conventional types of wastes, such as municipal (household, commercial and demolition) and by certain other hazardous wastes (electronic, etc.). Apart from the producers of radioactive waste (including operators of nuclear power plants, who are responsible for ensuring the safe management within their premises) and who should cover all costs for the radioactive waste management up to disposal, the management of radioactive waste inevitably affects several other involved parties (public, workers, municipalities where radioactive waste will be finally disposed of). To identify some clear delineation between the responsibility of the waste generator and that of the state to protect its citizens, this contribution turns its attention to the legal framework created in this field of by means of international law. It examines the concept of “the ultimate responsibility of the State” in the international law in order to analyze the allocation of responsibility between the waste generator and the state in whose territory radioactive waste is produced. This article has been supported by the Czech Science Foundation – GACR through its project N. 17-16764S „Radioactive waste and spent nuclear fuel management – identifying challenges for the Czech legal framework.”

32-43
The International State Responsibility for the Acts of Terrorist Groups: the Case of Turkey and Islamic State in Iraq And Syria

Authors: Rebaz R. Khdir

Abstract

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Number of views: 361

ISIS is a radical Islamic group which has been designated as a terrorist organization by the United Nations, European Union and most of the world states. However, the ISIS roots trace back to the beginning of 2000s, the group adopted the name of Islamic State in Iraq and Syria in 2013. ISIS gained significant military successes in Iraq and Syria between 2013 and 2014 because it captured vast swaths of the Iraqi and Syrian territory in which established an Islamic Caliphate. During the military attacks in Iraq and Syria, ISIS committed many atrocities that amount to serious international crimes of genocide, crimes against humanity and war crimes. The international media and intelligent agencies have gathered many evidences that demonstrate undeniable links between ISIS and some states including Turkey. Under International law, the use of force is considered international wrongful act except in self-defence. As states are a political entities and function through agents and organs, they are normally responsible for the wrongful acts of their official agents and organs. However, the wrongful acts of private groups are also attributable to states when the groups are equated with state actors or when states support or harbor the groups. The available evidences, however, do not prove that ISIS is under the control of and directed by Turkey, they do prove that Turkey has provided ISIS with military cooperation, transferring weapons, medical treatment of the wounded fighters and financial assistance through illegal oil trade. This article discusses the international responsibility of Turkey for the ISIS acts.

44-49
The Expert Explanations as his Function in the Documentation of Crimes

Authors: Dmitiy Shumaev

Abstract

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Number of views: 354

The concept content of the expert procedural function has been considered and its content has been specified. The characteristics of the procedural function have been concretized. The expert expository function has been emphasized and its scientific definition has been given. The task of expert participation in the documentation as the clarification of specific issues has been determined. The expert expository function has been formulated as a rule, according to which the element from his special knowledge area is placed in correspondence with a particular element from the addressee’s knowledge area. The addressees of expert explanations have been called the public commission, the participants in the judicial proceedings and a wide range of the public. The interpretation has been defined as a procedure in the structure of expert expository function. The mechanism of trace formation, informative value of sources of information about documented event, the presence and nature of the contradictions between the various information sources have been referred to the issues, which are subject to expert explanations. The expert can perform his expository function both in the process of documentation, and in the course of judicial inquiry of the materials submitted by the public commission.

50-57
Financing of US Elections: Some Aspects

Authors: Alexander V. Sivoplyas

Abstract

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Number of views: 330

The article focuses on the U.S. President, the U.S. Vice-president, the U.S. Senate and the U.S. Congress. The author describes in detail the activity of the US Federal Election Commission. The author analyzes the legislation on the U.S. election campaigns. The author characterizes the procedure of the different types of electoral campaigns. Much attention is paid to the formation of the accounting of political committees.