Russian Journal of Comparative Law

3-8

Authors: Natalia Alenkina, Nazira Tursunbaeva

The courts of biys, which has been developing since XIX century, are usually compared with the courts of aksakals established in 1993. Indeed, both courts during the consideration of cases relied on customs and traditions. As well as the judges in the courts of biys, the members of courts of aksakals are elected by people. The major requirements for being the aksakal or biy are respect and authority. Yet, can we consider the courts of aksakals as the contemporary prototype of the courts of biys? While comparing the common features and peculiarities of these institutions in the article the following steps were taken: • Understand the causes of for the demand of public justice institutions in society as an alternative to state justice, • Understand their compatibility with contemporary state and public institutions, • Comprehend their ability withstand the challenges of modernity: absence of trust in courts, corruption, length of the proceeding, isolation of the court from people, absence of respect to the law. This article is based on the theses presented at the ESCAS-CESS international conference, June 29- 2 July 2017, Bishkek, Kyrgyzstan.

14-25

Authors: Pavel Biriukov

This article brings to light the problem of the relationship between international and national law of Spain. The author provides a number of norms which regulate the correlation of different norms in the legal system of Spain. The author analyzes the implementation of Spanish Constitution and the legislation, as well the procedure of the implementation of the rules of EU Law in detail is investigated. The obligations of the Spanish Kingdom in process of the implementation of the EU legislation are investigated in detail. The author examines the decisions of the Constitutional Court and characterizes its role in the process of the implementation of EU norms. The experience of the implementation of international norms in Spain will help to clarify the provision of the monistic concept the relationship between international and national law.

31-37

Authors: Anthony Fortin

The Sámi people form an indigenous community identified by its diversity of dialects and languages, and that is spread in different European countries, mainly the Nordic countries (Norway, Finland and Sweden) and the Kola Peninsula in Russia. Throughout their history, they have fought against the spread of the majority languages of their respective countries in order to preserve their distinctness and their culture. Today, as indigenous people are slowly recovering rights and recognition, different legal systems for the protection of Sámi languages were put in place in the foregoing states. However, while some of these provisions seem wide and strong, the practical reality does not reflect it. We will therefore examine the international undertakings and national implementations of these countries with regards to experts’ observations in order to establish their shortcomings in the protection of Sámi languages.

48-53

Authors: Igor I. Onyshchuk

In the scientific article was investigated theoretical and practical aspects of human rights monitoring. It was found that monitoring of the legal system is a key aspect of analysis in the field of human rights. Legal monitoring participates in the implementation of almost all functions of the legal system: integrative, regulatory, enforcement, communication, legal incentives, provide a uniform legal space of the state, international legal cooperation. Monitoring of the legal system is a key aspect of analysis in the field of human rights. It is impossible to control all the practical aspects, especially in relation to individual cases. Monitoring the investigation of cases requires the application of the methodology is beyond the scope of control over individual cases as isolated cases. It is necessary to identify human rights violations in a particular case and to provide personal protection. In our opinion, the legal system monitoring should also be aimed at identifying patterns and trends in violations of international standards. For example, to assess the conformity of national legislation with international human rights, it is necessary to perform and daily practice in litigation. The right to a fair trial, access to treatment and to justice, the independence of the judiciary and the proper administration of justice are the basis of a fair and effective justice system. Monitoring the justice system can be directed primarily on the criminal justice process, particularly at the initial stage. As a result of the monitoring of human rights, should develop recommendations on ways to effectively address the problems faced by the justice system. For example, with the reform in the field of law and policy to create and develop the institutions, including accountability mechanisms, the provision of remedies, training and capacity building, administrative and logistical support, resource allocation, etc.