scholarly journals ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LEGISLATION: HISTORY AND MODERNITY

Author(s):  
E.V. Antonov ◽  
V.I. Antonov

The article investigates criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia and foreign countries on various grounds. The problems of the application of norms with administrative prejudice in practice are considered. The criminal legislation of the states of the former Soviet Union, in particular the Republic of Belarus and the Republic of Kazakhstan, is analyzed from the point of view of further development of the criminal legislation of these countries towards improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice. It is noted that some post-Soviet states (Latvia, Lithuania, Estonia) in their criminal legislation abandoned the institution of administrative prejudice and tried to replace the norms with administrative prejudice with others. Attention is drawn to the problems with the registration of administrative offenses and the application of data on registered administrative offenses for the correct application of the rules with administrative prejudice in practice by the law enforcement bodies of the Russian Federation.

Author(s):  
T. A. Zanko

This article provides an analysis of the legal status of diplomats in the Russian Federation with regard to their rights, safeguards and rewards. These elements are presented through the prism of comparative research of more than a dozen countries and consider the experience of diplomatic service legal regulation in the former Soviet Union countries as well as in other foreign countries.


Author(s):  
Екатерина Ганичева ◽  
Ekaterina Ganicheva

The article is devoted to the problems of development of legislation which determines the procedure of the constitutional proceedings, the procedural status and terms of participants’ activity in the Russian Federation and in the Republic of Belarus. Constitutional justice is a relatively new Institute in a legal system of Russia and other former Soviet republics. Conditions for its formation in the former Soviet Union have common as well as specific features. The comparison of the place and role of the constitutional court in system of public authorities and the procedural legal regulation of the constitutional justice is of obvious scientific and practical interest now because a clear, systematic regulation is very important for creating the conditions to allow objectively and comprehensively examine and resolve the constitutional conflict. Highlighting the characteristic features of the Federal constitutional law «On the constitutional Court of the Russian Federation» and the Law of the Republic of Belarus «On constitutional proceedings», the author comes to the conclusion about the necessity of development and specifying of the activity of the Constitutional Court of the Russian Federation by improving the using of traditional procedural-legal institutions taking into account the unique status of the highest judicial body of the constitutional control.


Author(s):  
Marina Khasanova

This article is dedicated to examination of the role of Parliamentary Assembly in development of the Union State. The goal is to trace the parliamentary activity in the Union State throughout the entire time of its existence, the objectives that were pursued, their transformation, and change of conditions for their accomplishment. This topic is especially relevant in the current context. A new milestone has passed in the history of Union State: December 2019 marked twenty years since its creation. Agreement on the formation of Parliamentary Assembly of the Community of Belarus-Russia Union State was signed earlier, in 1996. The novelty of this works consists in comprehensive and detailed analysis of different stages in formation of Parliamentary Assembly, which allows describing their role in further consolidation of the Union State. The scientific problem of this article can be articulated as follows: Parliamentary Assembly is not just a legislative institution that formulates the agenda for development of the Union State; it is also a platform for a continuous dialogue between Russia and Belarus. Therefore, examination of this government institution in an urgent scientific problem that allows revealing the key aspects of evolution of the Union State. As the resources for this article, the author explored the legislative acts of the Republic of Belarus and the Russian Federation, legal information from official portals of the Union State and the Parliamentary Assembly. This underline the need for further development of parliamentarism in Russia-Belarus Union State for the purpose of improvement and strengthening of relations between the countries in the current conditions of international transformation. The article is based on most relevant documents pertaining to Russia-Belarus relations for the period from 1991 to the present.


Author(s):  
Шукурова Карминахон Бахтиёровна

Privatization of state-owned enterprises mediates private investment in the country's economy. In the Russian Federation and the Republic of Tajikistan the beginning of privatization is associated with the collapse of the USSR, but its development was different. In comparison with privatization, which took place in the 90-ies of the last century, the privatization taking place in Russia today has already reached a fundamentally new level, as the legislation in this area has been harmonized with the rules that laid down the foundations of the order of acquisition and termination of property rights. A review of the literature on privatization in the Republic of Tajikistan leads to the conclusion that privatization in the Republic, which has been carried out since the 1990s, was very conditional even despite the gradual improvement of legislation in this area. The Republic of Tajikistan, as well as the Russian Federation, is one of the countries of the former Soviet Union, in connection with which it can take as a basis the Russian experience of privatization.


2019 ◽  
Vol 39 (2) ◽  
Author(s):  
Fiona Hallett ◽  
David Allan ◽  
Graham Hallett

This article analyses the views of individuals from a post-Soviet context in order to better understand current thinking around difference and disability. In this study, the multiplicity of human experience articulated by the research participants highlights immediate, rather than philosophical, priorities. The particular social, cultural and political history of the Republic of Armenia offers an insight into the challenges of, and opportunities for, the development of inclusive practices in the former Soviet Union. As such, it could be argued that the West has much to learn from national contexts that might be dismissed as exclusionary.


Author(s):  
V.I. Antonov ◽  
E.V. Antonov

The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.


1997 ◽  
Vol 5 (3) ◽  
pp. 213-252 ◽  
Author(s):  
◽  

AbstractLezgins are one of the peoples on the territory of the Former Soviet Union, living in the Russian Federation and the Republic of Azerbaijan, who have been particularly affected by the dissolution of the USSR and the emergence of the newly independent states. The ways they are being integrated into the new political order of the Republic of Azerbaijan pose challenges and implications for the overall state policies related to the treatment of minorities. Thus, this paper deals with the aspects of state-building regarding minorities and the factors affecting policy-making towards the Lezgin community. It mainly focuses on the situation of the Lezgins in the Republic of Azerbaijan, but also provides references to the position of the Lezgins in Dagestan (Russian Federation) where necessary. The paper assesses the policy environment related to minority issues and outlines the policy options in a multiethnic state, namely modernisation, pluralism and centralism, and argues that the policy dilemma is that in trying to avoid divisive tendencies in the state, each approach may encourage ethnic tensions and conflict. What is required, therefore, is a flexible approach which neither over- nor underestimates ethnic distinctions.


2019 ◽  
Vol 5 (1) ◽  
pp. 47-56
Author(s):  
Leszek Pawlikowicz

The Russian intervention in Syria has been the first act of a considerable scale since 1991 of a direct involvement of the Armed Forces of the Russian Federation in a military conflict on a territory not included in the former Soviet Union. At the same time, it became the first operation in the history of the Russian Federation (and formerly the USSR) in which a leading role – both in the composition of the military contingent addressed there, as well as in relation to the results of actions – played the air force. This publication focuses on the genesis and the different phases of the engagement of combat aircraft of the mentioned type of armed forces in the initial stage of Russian intervention, as well as an attempt to assess the reasons for the exceptional effectiveness of the operation on the course of the entire war.


2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


Author(s):  
Galina F. Leveryeva ◽  
Afanasii R. Batorov

Questions of creation and development of information portal “Memory of Yakutia” from the point of view of accumulation and preservation of documental heritage of Yakutia nations are considered. Problems of digitization of manuscripts, rare books, audiovisual documents are highlighted and trends of further development are traced.


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