Russian Journal of Comparative Law

44-53

Authors: Pavel N. Biriukov

The article deals with the legal status of political parties of Switzerland. A number of national norms of Switzerland, which measured legal status and liability of political subjects is given. In particular, it analyzes the provisions of the Civil Code, the Act on Political Parties and others Switzerland's normative acts. The main attention is paid to the description of the existing types of political financing, and the liability of political parties. Switzerland is one of the rare European countries to have no specific regulations on political parties and their financing, or on the federal funding of election campaigns. Political parties and election, referendum and initiative campaigns do not receive any public funding at federal level or in almost any of the cantons. In certain cases parties have internal financial rules. In the absence of specific rules on the transparency of political financing in Switzerland, including ones on accounting, there is no mechanism or body at federal level to monitor this financing. The author proposes measures to improve the legislation of Switzerland.

61-66

Authors: Ekaterina A. Khalapyan

This paper deals with the executive jurisdiction of the Customs Service of the Czech Republic. The author analyzes administrative actions and non-fiscal competence of the Czech Customs Service. The main attention is given to the implementation of EU documents in Czech legal system. The author gives an overview of the structure of executive function of the Czech Customs Service. It is shown that status of Customs Service is formed not only by acts and regulations, but also by documents adopted by international organisations. The practice of the Customs Service, counteracting the illegal activities of different subjects, is investigated. Much attention is paid to the analysis of practical measures of preclusive character, which play an important role in reducing offences committed by individuals and legal persons in customs sphere. It is emphasized that only joint activities of state bodies can reduce the damage caused by illegal activities of subjects.

72-78

Authors: Alexander F. Rekhovskiy

This article is devoted to the history of trial by jury in Japan. The author analyses the procedural peculiarities of functioning of the initial jury trial in the mid-20th century. The stages are allocated consistent introduction of civic participation in the administration of Justice in criminal cases in Japan. The influence of the American model of Justice to reform the judicial system of Japan after the second world war. Examines two forms of public participation in addressing legal issues. The first form is used to limit the power of the Prosecutor to issue waiver of prosecution. This form is based on the American model of a grand jury. The second form, called "Saiban-in", was developed by scientists-Jurists Japan and approved, through the adoption of a special law in 2004 year. This form is unique because it uses elements of traditional court jurors the Anglo-Saxon system and Court šeffenov, created in Germany in the 19th century. The creation of a mixed system allowed not only to increase participation in the administration of Justice in criminal cases in Japan, but also become the main instrument for the reform of the judicial system with a view to democratization and public confidence in the judicial and political authorities. The author concludes that in Japan hybrid system of popular participation in criminal matters will be improved and could be extended to the realm of civil proceedings. In addition, this system can get distribution in the countries of the Asian-Pacific region, in particular in the Republic of Korea.