scholarly journals International legal assistance in anti-corruption criminal cases in the People’s Republic of China

2020 ◽  
Vol 11 (3) ◽  
pp. 718-732
Author(s):  
Yu Hu ◽  
Keyword(s):  
Communist Party ◽  
Legal Regulation ◽  
Chinese Government ◽  
Legal Assistance ◽  
International Treaties ◽  
Criminal Cases ◽  
Republic Of China ◽  
Bilateral Agreements ◽  
Bilateral Treaties ◽  
Judicial Assistance

Since 2014, the Chinese Communist Party and the Chinese government have begun to pay significant attention to the field of international prosecution of corrupt officials and the international search for stolen money and property. Sources of law in the area of international legal assistance in anti-corruption cases in China include: international multilateral treaties, bilateral agreements, domestic law, memoranda of the Communist Party of China. China has achieved much success since 2014, and such results can be divided into 3 types: success in the international prosecution of corrupt officials, success in the international search for stolen money and property, and, diplomatic achievements. Unfortunately, although the legal regulation of international assistance in anti-corruption criminal cases is constantly being improved and the results are impressive, a number of issues remain unresolved, including: giving more attention on the international prosecution of criminals than the international search for stolen money and property; the frequency of the use of treaties in international criminal judicial assistance and the number of signed international treaties leave much to be desired; focusing on individual cases instead of improving the entire system for catching corrupt officials as a whole; the lack of a mechanism for applying international multilateral or bilateral treaties; the existence of a conflict between different sources of legal regulation in the fight against corruption.

scholarly journals Unification of Conflict-of-Laws Rules in the Field of Adoption

2018 ◽  
pp. 62-70
Author(s):  
E. S. Yakushova
Keyword(s):  
International Adoption ◽  
Legal Regulation ◽  
Adoptive Parents ◽  
Legal Assistance ◽  
International Treaties ◽  
Criminal Cases ◽  
Adopted Child ◽  
Conflict Of Laws ◽  
The Status ◽  
Foreign Adoption

The article examines the institution of international adoption within the framework of both domestic legislation and international legal regulation. The mechanism of conflict rules unification in the field of foreign adoption facilitates protection of the rights and interests of an adopted child to the greatest extent. The author refers to the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. The Minsk Convention stipulates that adoption and and its revocation are regulated under the laws of the adopter's citizenship. It also dwells on conditions supplementing this provision. The author analyzes the importance of concluding bilateral international treaties with respect of adoption and elucidates the content of international treaties. Thus, the Adoption Agreement between Russia and Italy focused on choosing adoptive parents. An obligatory condition for parents is registration of the adopted child in a consular office of the country of origin. The child obtains dual citizenship and can exercise the same rights and means of protection as other children who have the status of a citizen in the territory of the receiving state. The prohibition to adopt children from Russia is imposed only in relation to the US citizens, it does not affect international cooperation between Russia and other foreign states. The author believes that inclusion of conflict-of-laws rules into mutual legal assistance treaties concerning the issues of international adoption is unconditional. It is considered to be important for the cooperation between states in this area, as well as an excellent basis for further conclusion of bilateral treaties that will govern only foreign adoption.

scholarly journals Social Credit System in the People's Republic of China: normative legal framework and principles of functionality

2020 ◽  
pp. 18-53
Author(s):  
Roman Z. Rouvinsky ◽  
Tatiana Komarova
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Chinese Government ◽  
People's Republic Of China ◽  
Credit System ◽  
Republic Of China ◽  
Social Credit ◽  
Legal Provisions ◽  
The Social

This article examines the normative legal framework and principles of functionality of the Social Credit System that is currently being implemented in the People's Republic of China. For the first time in legal science, the Social Credit System is viewed not as an organizational and regulatory technique that in one or another way is related to law, but rather as an independent legal institution relevant to the branch of administrative law. The application of formal-legal and comparative-legal methods allows describing the hierarchy of sources of the Chinese law pertaining to social credit mechanisms and procedures, as well as giving characteristics to major provisions of the corresponding normative acts. The peculiarities of legal regulation of the mechanisms and procedures that comprise the Social Credit System in PRC include the following aspects: sublegislative nature of such regulation, prevalence of joint lawmaking, focal role of normative legal acts of the Chinese government, declarative character and ambiguity of multiple legal provisions with regards to the Social Credit System. The author underline the specificity of interpretation of the normative legal acts of the People's Republic of China, usage by the lawmaking branches of moral categories in formulation of provisions for regulation of elaboration and implementation of the social credit mechanisms. The provisions of governmental and departmental normative legal acts pertaining to the Social Credit System are correlated with the provisions of the current Constitution of the People's Republic of China.

scholarly journals PECULIARITIES OF THE LEGAL REGULATION OF EVIDENCE COLLECTION IN CRIMINAL CASES BEYOND THE BORDERS OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 12 ◽  
pp. 19-22
Author(s):  
Aleksandr R. Akhmadullin ◽  
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Legal Assistance ◽  
Criminal Cases ◽  
Systematic Analysis ◽  
Mutual Legal Assistance ◽  
Legal Norms ◽  
Evidence Collection ◽  
The Russian Federation

This article deals with the problems of legal regulation of the process of collecting evidence in criminal cases within the framework of mutual legal assistance, based on a systematic analysis of international legal acts and legislation, a conclusion is made about the inconsistency of legal norms regulating the collection of evidence outside the territory of the Russian Federation. In some cases, they are insufficient, which negatively affects the quality and efficiency of the preliminary investigation. Suggestions are made to eliminate inconsistencies in legal norms.

scholarly journals On the international legal regulation of cooperation between air transport companies

2021 ◽  
pp. 40-50
Author(s):  
Anastasia Mikhailovna Korzhenyak
Keyword(s):  
Strategic Alliances ◽  
Regional Cooperation ◽  
Legal Regulation ◽  
Air Transport ◽  
International Treaties ◽  
Communication Analysis ◽  
Bilateral Agreements ◽  
Advantages And Disadvantages ◽  
Reducing Costs ◽  
Legal Mechanism

The subject of this research is the problematic aspects of international legal regulation of cooperation between airways. The author reviews the fundamental international treaties in the sphere of international air transportation (international air law). Special attention is given to examination of different types of bilateral agreements on air transport or air communication. Analysis is conducted on the advantages and disadvantages of the structure of bilateral regulation; different classification of the alliances in Russian and foreign scientific literature. The conclusion is made that although initially, the strategic alliances were created to improve the welfare of air transport companies by reducing costs, currently there is market, concentration with overwhelming share of the three largest alliances. Stiff competition forces to join one or another alliance in order to share in the international air carriage, which clearly indicates the tendency to globalization of air transport. There is no doubt that the countries constantly use the methods of bilateral regulation for obtaining vast benefits.  Currently, further development of bilateral and multilateral (namely regional) cooperation in the sphere of international air carriage aimed at liberalization of international air transport is of major importance. This is the most efficient and fastest means of communication between the countries. The conclusion is made on the insufficient and fragmentary nature of international legal regulation of airways cooperation. The author advances the idea of going beyond private law regulation and creating a universal international legal mechanism that would help to overcome the problem of discrimination against third countries.

International Legal Regulation of Cooperation of the Russian Federation and Neighboring States in the Arctic on the Basis of Bilateral Treaties

2016 ◽  
Vol 4 (9) ◽  
pp. 0-0 ◽  
Author(s):  
Владислав Авхадеев ◽  
Vladislav Avkhadeev
Keyword(s):  
International Law ◽  
Mineral Resources ◽  
Arctic Region ◽  
Legal Regulation ◽  
The Arctic ◽  
International Treaties ◽  
The Russian Federation ◽  
Bilateral Treaties ◽  
The Arctic Region

The modern Law of the Arctic regime is administered both at the international law and national law levels. International legal regulation of the Arctic regime is exercised at the level of international multilateral and bilateral treaties. Multilateral treaties are aimed primarily to legal relations that govern the regime of Arctic maritime areas, as well as the decision of environmental issues in the region. Bilateral treaties are aimed to regulate the cross-border problems of neighboring countries. First of all, it means resolving contentious issues of delimitation of maritime areas of the Arctic, cooperation in the field of fisheries and mineral resources. Bilateral treaties are binding only for their members and do not create obligations for third countries. In some cases there are collisions between international bilateral and multilateral agreements on matters relating to the delimitation of neighboring maritime areas. Determination of the effectiveness of existing in the Arctic region international treaties and of their future development needs to be monitored.

‘Loving Capitalism Disease’: Aids and Ideology in the People’s Republic of China, 1984–2000*

2020 ◽  
Vol 249 (1) ◽  
pp. 251-294
Author(s):  
Julian Gewirtz
Keyword(s):  
Public Health ◽  
Economic Development ◽  
Communist Party ◽  
Chinese Communist Party ◽  
Global Capitalism ◽  
Chinese Government ◽  
Republic Of China ◽  
Capitalist Ideology ◽  
To Receive ◽  
Hiv Aids

Abstract This article examines how the Chinese Communist Party (CCP) interpreted HIV/AIDS in the period from 1984, when the Chinese government first introduced policies reacting to the disease’s emergence, to 2000, when China’s devastating epidemic began to receive worldwide media attention. Important new sources show how the CCP cast HIV/AIDS as a staging ground for debates about the risks of liberalization and an evolving metaphor for deviance from socialism even in an era of capitalistic changes. Just as anti-capitalist ideology shaped official understandings of HIV/AIDS, so too did HIV/AIDS shape official views about the perils of China’s ‘reform and opening’ and the risks of capitalism to China. This two-way flow of meanings, which carried epidemiological and human consequences, illustrates the need for scholars of this period to foreground the evolving official ideology and forms of resistance to global capitalism — in politics, culture, society and even public health — rather than only the more common and sanguine narrative of rapid growth and economic development. Far more than previously understood, the interplay between AIDS and CCP ideology in this period reveals crucial dynamics in the evolution of China’s ongoing encounter with global capitalism.

China and the September Thirtieth Movement

2019 ◽  
pp. 152-171
Author(s):  
Taomo Zhou
Keyword(s):  
Communist Party ◽  
Early Morning ◽  
Chinese Government ◽  
Right Wing ◽  
Military Officers ◽  
Left Wing ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Political Forces ◽  
News Agencies

This chapter focuses on the September Thirtieth Movement. In the early morning before dawn on October 1, 1965, a group of mostly middle-ranking military officers calling themselves the September Thirtieth Movement kidnapped and killed six senior anti-Communist generals. They later announced that a Revolutionary Council composed of left-wing, right-wing, and neutral political forces had seized power. General Suharto and the Indonesian army under him claimed that the Indonesian Communist Party (PKI) had organized the movement with the encouragement of and support from Beijing in order to spark a national uprising. Ten days after the movement, the Indonesian army accused the Chinese government of smuggling arms to the PKI for the revolt. This claim of Beijing's alleged behind-the-scenes role in the September Thirtieth Movement fanned anti-China and anti-Chinese sentiments in Indonesia. In the months following the September Thirtieth Movement, Sino-Indonesian relations deteriorated sharply and mass demonstrations broke out across Indonesia at People's Republic of China embassies, consulates, and news agencies. The chapter then claims that the Suharto regime manufactured these claims to justify its anti-Communist purges.

scholarly journals Reforming the Armed Forces in the сontext of Ukraine's Euro-Atlantic Integration: Interaction of International and National Law

2020 ◽  
pp. 116-121
Author(s):  
M.V. Plotnikova ◽  
A.L. Kovalenko
Keyword(s):  
North Atlantic ◽  
Armed Forces ◽  
North Atlantic Treaty Organization ◽  
Legal Regulation ◽  
International Treaties ◽  
Bilateral Agreements ◽  
The North ◽  
Legal Provisions ◽  
Strategic Defense ◽  
The Military

Sources of legal regulation of the reform of the national armed forces in Ukraine are explored in the article. The interaction of international and national law in this area is characterized. The reform of the Armed Forces of Ukraine is a long process and has been going on for more than twenty years. The reform is conditioned by the need to create a combat-ready armed forces that will perform the tasks of Ukraine's defense. A feature of reforming this area is the implementation of the provisions of the standards of such an international organization as the North Atlantic Treaty Organization. This determines the interaction of national and international law. The Charter on a Distinctive Partnership between North Atlantic Treaty Organization and Ukraine and the other international treaties between NATO and Ukraine are international legal sources regulating the reform of the Armed Forces of Ukraine. Laws of Ukraine «On the Armed Forces of Ukraine», «On Amendments to Certain Laws of Ukraine on Military Standards», the Strategic Defense Bulletin of Ukraine, the Military Doctrine of Ukraine and other regulations are domestic sources of legal regulation of defense sector reform. Based on the analysis of these documents, the author claims that one of the important directions in the reform of the Armed Forces of Ukraine is the implementation of NATO standards. The provisions of NATO standards are not directly applicable and are subject to implementation in Ukrainian law. Ukraine is not a member of multilateral agreements within NATO, but bilateral agreements with the Alliance regulate cooperation in the implementation of NATO Standards in Ukraine. The practice of implementing NATO legal provisions helps to avoid legal conflicts in the regulation of the defense sphere, which may arise due to the regulation by international acts of army reform.

scholarly journals Establishing the content of foreign law through international treaties

2020 ◽  
Vol 3 ◽  
pp. 81-85
Author(s):  
Herman Galuschenko
Keyword(s):  
International Law ◽  
International Agreements ◽  
Private International Law ◽  
Legal Assistance ◽  
International Treaties ◽  
Additional Source ◽  
Bilateral Agreements ◽  
Procedural Law ◽  
Foreign Law

In the article, the author gives the main mechanisms of establishing the content of foreign law, which are applied in most states – namely, briefly stated rules of civil procedural codes or special laws on private international law. The author focuses on the fact, that an additional source for mechanisms of establishing and clarifying content of foreign law are also international agreements, in particular – bilateral agreements on legal assistance, which states conclude between themselves to establish cooperation in order to resolve civil and criminal cases.It was found out, that in most countries, the legislator, despite the existence of civil procedural law and law on private international law, singles out international treaties, allowing to apply clear and effective mechanisms to establish the content of foreign law. This practice is not a new phenomenon in the science of private international law.

Criminal procedural and forensic issues in the context of legal regulation of legal assistance in criminal matters

2021 ◽  
Vol 7 (3C) ◽  
pp. 512-522
Author(s):  
Asgarova Matanat Pasha ◽  
Aliyev Bakhtiyar Abdurakhman oglu ◽  
Ahmetzade Nazreddin Murad oglu
Keyword(s):  
International Cooperation ◽  
Legal Regulation ◽  
Legal Assistance ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Modern Times ◽  
Criminal Matters ◽  
The Impact

The article deals with the criminal procedure and criminalistics aspects of mutual legal assistance in criminal matters in the context of the legal regulation of the provision of such assistance by States. The article reveals the content of legal assistance in criminal cases as an important prerequisite to ensure the fight against crime in modern times, when crime transcends national borders. It is established that the observance of reasonable terms of rendering of legal assistance, stipulated by law, is one of the guarantees of efficiency of criminal proceedings. The comparative legal analysis of norms regulating such form of international cooperation in criminal proceedings as a request for legal assistance was performed; the legal norms determining the volume of legal assistance were studied; an opinion on the distinctions of this form of cooperation from other forms was given. The impact of forensic provision of legal assistance in criminal cases in terms of reliability and persuasiveness of evidence is evaluated.

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