Ensuring the Rights and Legal Interests of the Victim when Checking the Crime Report: A Comparative Legal Analysis of the Criminal Procedure Codes of the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Procedure Code ◽  
The Russian Federation ◽  
Procedure Codes

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.

The Experience of the Russian Federation and the People's Republic of China

2021 ◽  
pp. 63-70
Author(s):  
A. K. Rozhkova ◽  
A. B. Chernykh
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Legal Regulation ◽  
Point Of View ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Advantages And Disadvantages ◽  
State Security ◽  
The Russian Federation

The article reveals the problem of the correlation of national security, state and security, analyzes the National security Strategies of the Russian Federation in 2015 and 2021. Attention is focused on the absence of a separate strategic planning document on ensuring state security in the Russian Federation, as well as a legal definition of the term «state security». The authors have studied the experience of legal regulation of relations related to ensuring state security in the People's Republic of China: the Law «On State Security» is analyzed from the point of view of its structure and content, the main advantages and disadvantages of this normative act are highlighted. This regulatory legal act traces the consistency and clarity of the wording, indicates the obligation of citizens of the People's Republic of China to ensure state security.

scholarly journals Limitation of liability for maritime claims in civil law of the People's Republic of China

2021 ◽  
pp. 59-71
Author(s):  
Aleksandr Skaridov
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Freight Transportation ◽  
Legal Regulation ◽  
Silk Road ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Russian Federation ◽  
Merchant Shipping

This article reviews the relevant issue of civil law regulation in the sphere of freight transportation. China is seeking for new safe routes for freight transportation to the European market, including sea routes, giving preference to the Northern Silk Road. The subject of this research is the comprehension of individual provisions of the Chinese legislation that are specific to both Russian and international law. The object of this research is the determination of peculiarities of the law of the sea, namely the question of limitation of liability for maritime claims in civil law of the People's Republic of China. Special attention is given to the aspect of harmonization of the norms of the Civil Code of the People's Republic of China and the Merchant Shipping Code the Russian Federation in this issue. The acquired results demonstrate the shared interest of the two countries lies in the routes of the Northern Sea Road, which actualizes the problem of harmonization of legislation. The government of the Russian Federation and the People’s Republic of China declare the need for harmonization of legal norms that regulate merchant shipping. Leaning on one of the normative fragments related to joint maritime operations along the routes of the Northern Silk Road, the author concludes that further development of cooperation and expansion of the list of bilateral issues of normative legal regulation in this sphere requires a collective plan aimed at harmonization of legislation based on the Treaty of Good-Neighborliness and Friendly Cooperation between the People's Republic of China and the Russian Federation.

scholarly journals Prenuptial agreementin the law of the People’s Republic of China and the Russian Federation

2021 ◽  
pp. 9-14
Author(s):  
V. V. Dolinskaya
Keyword(s):  
Russian Federation ◽  
Family Relations ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Family ◽  
Marriage Contract ◽  
The Russian Federation ◽  
The Law

The family legislation of China and Russia is analyzed. The main characteristics and specifi cs of the marriage contract are revealed. Further ways of development of legal regulation of the considered group of family relations are offered.

scholarly journals Detention and Remand in Custody: Comparative Legal Analysis

2020 ◽  
Vol 15 (3) ◽  
pp. 145-153
Author(s):  
I. V. Karavaev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Federal Law ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Law ◽  
The Difference

The paper analyzes the legal regulation of detention in custody of persons confined on suspicion of committing a crime, as well as of persons in respect of whom a measure of restriction in the form of remand in custody was chosen. The norms of the Federal Law “On detention in custody of suspects and accused of committing crimes”, as well as the Criminal Procedure Code of the Russian Federation relating to these relations are considered. The differences between the two types of custody are investigated: “detention” and “remand in custody”. The author identifies six fundamental criteria underlying the difference between the two types of custody: the grounds for the detention; a person or body authorized to decide on detention in custody; duration of custody; custodial facility; legal status of persons in custody; grounds for release. It is concluded that it is necessary to revise the Federal Law "On detention in custody of suspects and accused of committing crimes", changing its structure on the basis that the law actually regulates two independent processes: taking into custody when detaining a person and detention in custody when choosing a measure of restriction in the form of remand in custody.

Non-Participation in Compulsory Procedures of Dispute Settlement

2018 ◽  
Author(s):  
Erik Franckx ◽  
Marco Benatar
Keyword(s):  
Russian Federation ◽  
Dispute Settlement ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
International Courts ◽  
Republic Of China ◽  
Legal Proceedings ◽  
Joint Declaration ◽  
Peculiar Form ◽  
The Russian Federation

Erik Franckx and Marco Benatar consider the peculiar backlash in the form of states rejecting the jurisdiction of international courts and tribunals (ICs). They discuss how the People’s Republic of China (PRC) rejected jurisdiction in the Philippines v PRC arbitration. The authors draw comparisons with how the Russian Federation rejected the jurisdiction of an arbitration panel in the Arctic Sunrise case. But both states participated in the peculiar form of forwarding ‘position papers’. This allows states new modes of influencing the bench without formally participating in the proceedings, argues Franckx and Benatar. This may tempt other states to apply a similar approach. For example, Croatia has presented its views to an arbitration panel in a dispute with Slovenia, despite its non-participation after irregularities by one of the arbitrators. The PRC and the Russian Federation have also issued a joint declaration encouraging non-participation in international legal proceedings.

NECESSITY, FEASIBILITY, AND CHOICE OF WAY OF INTEGRATING THE GREATER EURASIAN PARTNERSHIP AND THE INITIATIVE CALLED “ONE BELT, ONE PATH”

2021 ◽  
pp. 109-116
Author(s):  
Huirong Zhao ◽  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Eurasian Continent ◽  
Large Scale Integration ◽  
The Russian Federation ◽  
Scale Integration ◽  
Political Economic

The article covers the combination of two large-scale integration projects, the Great Eurasian Partnership (Russian Federation) and the initiative called One Belt, One Path (People’s Republic of China). Following the joint statement of the People’s Republic of China and the Russian Federation dated 5 June 2019, which sets out the fundamental provisions of a comprehensive partnership and strategic interaction between the two countries, the author states that the cooperation between Russia and China is conditioned by a number of the political, economic, cultural, and geographical factors; that it can bring tangible benefits not only to Moscow and Beijing, but to almost the entire Eurasian continent, as well as stabilise the global situation. However, in the process of their interaction Russia and China constantly encounter various obstacles, which manifest themselves at the bilateral, regional, and global levels and significantly slow down the implementation of joint projects, which are mutually beneficial. In this work, the author proves that the cumulative intensifying effect on the cooperation between Russia and China can be provided by the strategy of “pairing” integration projects of Russia and China, which the parties have been implementing quite consistently and steadily since 2014.

The course of integration processes in Latin America through the prism of CELAC activities

2021 ◽  
pp. 234-242
Author(s):  
А.Е. Суглобов ◽  
О.Г. Карпович
Keyword(s):  
Latin America ◽  
Russian Federation ◽  
People’S Republic Of China ◽  
Global Changes ◽  
People's Republic Of China ◽  
Organization Of American States ◽  
Republic Of China ◽  
American States ◽  
The Russian Federation ◽  
The Caribbean

В настоящей статье рассматриваются вопросы интеграционного развития в государствах Латинской Америки и Карибского бассейна с учетом новых глобальных изменений. Анализируются вопросы сотрудничества СЕЛАК с Российской Федерацией, Китайской Народной Республикой, Организацией американских государств. This article examines the issues of integration development in Latin America and the Caribbean, taking into account new global changes. The issues of cooperation between CELAC and the Russian Federation, the People's Republic of China, and the Organization of American States are analyzed.

scholarly journals Legal policy of the Russian Federation and the People's Republic of China in the area of digitalization of national currency

2021 ◽  
pp. 16-26
Author(s):  
Anna Sergeevna Konopiy ◽  
Boris Andreevich Borisov
Keyword(s):  
Russian Federation ◽  
Social Life ◽  
Banking Sector ◽  
National Currency ◽  
People’S Republic Of China ◽  
Chinese Government ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Digital Currency ◽  
The Russian Federation

The subject of this research is digital national currencies of the People's Republic of China and the Russian Federation. The advent of the new digital era entails inevitable, objectively dictated digital transformations of all spheres of social life. The financial and banking sector in Russia, China, and other countries, is in need for legislative-digital regulation by implementing digital fiat currency. One of the most promising vectors of development is the creation and introduction of new forms of currencies into circulation, which would be recognized by public authority as a legal means of payment, as well as subject to effective oversight by government bodies. The novelty of this research lies in the comparative legal analysis of the experience, as well as the stages of implementation of digital national currency in the Russian Federation and the People's Republic of China. The article raised a pressing issue on feasibility of introducing digital ruble into the Russian reality, and thus, discusses successful experience of the Chinese government that a millennium ago was first to invent paper currency, and now is one of the world leaders to introduce digital currency alongside cash money. The concept of “digital currency” is often identified with cryptocurrencies and payment systems, which prompted the authors to conduct a comparative analysis of these terms. The analysis of Russian and Chinese legislation in the area of digital currency, as well as the established practice of implementing a new monetary form into the country’s economy, allowed outlining the pros and cons of such innovation.

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