Russian Journal of Legal Studies

64-69

Authors: Jacobo Aguirre McMorrow

The Catalonian Separatist movement tries to convey itself as a democratic strive for freedom from the Spanish State and Government, whom it considers to steal from its wealth and ground its national identity. It calls for a democratic and political solution to the Catalonian struggle, by holding an in or out referendum from which it could establish its own state independent from the rest of Spain. Those cries for democracy are contradicting with the manner in which the separatists attempt to hold the popular consultation, by ignoring the laws they voted for in the Spanish constitution not half a century ago; using a political speech that bends and misinterprets EU legislation to try to convince hopeful voters of a Catalonian Republic within the EU. The speech also holds over-optimistic views over the consequences a unilaterally independence declaration would entail; this explains the general belief most Catalans have, that the newly founded republic would be reintegrated within the international system with ease, Europe, NATO and the UN would welcome it in open arms after centuries of evil Spanish oppression. The advantages within Spain may be taken for granted, but the consequences of separation would be an immediate grim reminder. Every Spaniard in the Catalonian region enjoys free movement, a vast open market; a competitive currency; 28 states backing him up militarily and the privilege of being born in the oldest nation state the world has known. Who would ever want to leave?

78-89

Authors: Mikhal Ondreychik

The author analyzes Opinion 2/13 of the Court of Justice on Access of the European Union to European Convention on Human Rights, first of all the procedural reservations made by Court of Justice. The meaning of the Opinion cannot be underestimated, because it determines legal possibility of the European Union to access the European Convention on Human Rights. In the case of EU accession to the European Convention on Human Rights, EU would face a situation where the European Court of Human Rights would serve as a court of last instance in relation to the European Union Court of Justice. That has to be considered to landmark of the beginning of a new stage in the development of the European Union judicial system. Therefore, in the article author examines the arguments of the Court of Justice in certain points of Opinion 2/13. In his research, the author presents an assessment of argumentation of the European Union Court of Justice. In presented research, the author employs EU official documents mainly decisions and opinions of the Court of Justice and the opinions of advocates-general, materials and works of Western scholars involved in the topic that having supportive impact on argumentation of the Court of Justice or putting it under question. The author concludes that Opinion 2/13 of Court of Justice clearly makes difficult for European Union to access to the European Convention on Human Rights and Court of Justice increasingly looking for a reason to give a negative opinion than to agree to sign of the Accession agreement.

97-103

Authors: Ramiz F. Shahbazov, Alexander А. Sizov

At the present time, in conditions of real existing need in the international cooperation in the criminal process, there are States where the political system and registered based on one of three world religions – Islam, which was, in turn, motivating factor of the study. The present article represents a reduction of reliable information about humane and democratic from the modern point of view the nature of the foundations of the Islamic criminal process. Thorough analysis is the main source of Islamic law with regard to the regulation of the basic principles of Muslim criminal proceedings. Consistently identifies and analyses the classical (Qur'anic) principles of criminal procedure, regulated by Islamic jurisprudence. Are theses about the absence of fundamental contradictions between the classical principles of Muslim criminal proceedings and principles of the criminal process in modern democracies. Because of this proves the existence of stable «legal basis» for cooperation between the Muslim and Russian criminal process.

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.