Sowieckie ludobójstwo i prawo międzynarodowe. Litewskie zmagania ze zbrodniami ZSRS w świetle orzeczenia Europejskiego Trybunału Praw Człowieka w sprawie Drelingas

2021 ◽  
Vol 19 (2) ◽  
pp. 237-258
Author(s):  
Tomasz Lachowski
Keyword(s):  
Human Rights ◽  
Soviet Union ◽  
International Law ◽  
Russian Federation ◽  
Soviet Occupation ◽  
The Soviet Union ◽  
European Court ◽  
The Russian Federation ◽  
Resistance Movement

The aim of the paper is to analyze the endeavors undertaken by the authorities of independent Lithuania to deal with the crimes committed by the Soviet Union against Lithuanian society, in particular against representatives of the anti-Soviet resistance movement, by using the notion of crime of genocide rooted in international law. The judgment of the European Court of Human Rights in the case of Drelingas v. Lithuania of 12 March 2019, which approved the legality of the qualification of “ethno-national-political” genocide of “forest brethren” committed by the Soviet occupation authorities, was one of the key elements confirming the Lithuanian policy in this regard. This ruling reopens the discussion on the possibility of trying the crimes of the Soviet Union, at the same time raising certain legal and political doubts – as generally expressed by the Russian Federation.

The challenges for Central Europe posed by the rivalry of the Russian Federation below the threshold of war

2020 ◽  
Vol 18 (3) ◽  
pp. 9-26
Author(s):  
Mirosław Banasik
Keyword(s):  
Soviet Union ◽  
International Law ◽  
Central Europe ◽  
Russian Federation ◽  
War And Peace ◽  
Strategic Objectives ◽  
Main Research ◽  
The Soviet Union ◽  
Main Emphasis ◽  
The Russian Federation

This article identifies the political challenges for Central Europe resulting from the Russian Federation conducting competition below the threshold of war. The main research methods, both inductive and deductive, were analysis and a survey of the existing literature. There is still aggression in international rivalry, and its level is deliberately regulated so as not to cross the threshold of open armed conflict as defined by international law. The contemporary rivalry of the Russian Federation takes on an unlimited scope and goes beyond the physical sphere: the main emphasis in its application is on non-military and non-lethal forms of influence that can be easily combined with kinetic ones. The exploitation of the space between the binary borders of war and peace was practically verified both under the Tsarist Russia and the Soviet Union. It has been confirmed that a great deal of importance in Russia is now attached to unconventional activities and that their application offers great opportunities to achieve strategic objectives without the need to resort to direct military confrontation.

6 Treaties of Subjects of the Russian Federation

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
Soviet Union ◽  
International Law ◽  
Ethnic Groups ◽  
Russian Federation ◽  
Community Building ◽  
State Building ◽  
Legal Personality ◽  
The Soviet Union ◽  
The Russian Federation ◽  
Vast Territory

This chapter looks at how the "treaty" operates as a source of law, both domestic, international, and/or community, in ways that are not traditionally articulated in the classic expositions of sources of law. It considers how, historically, Russia's state-building or community-building enterprises have been bound up in the use of treaties to forge a sense of unity across its vast territory and among its myriad ethnic groups. The Soviet Union itself was a treaty-based federation, or confederation. Furthermore, the treaty is among the key instruments on which the Russian Federation rests, and underlying the treaty relations are principles of statehood, legal personality, autonomy, independence, dependence, and others which some view as constitutional questions and others as matters of international law. Movements in the direction of Eurasian integration presently underway (or not) reflect similar considerations. The treaty is the key vehicle.

The applicability decision of the ECHR in legal proceedings

2015 ◽  
Vol 3 (5) ◽  
pp. 211-218
Author(s):  
Полина Виноградова ◽  
Polina Vinogradova
Keyword(s):  
Human Rights ◽  
International Law ◽  
Russian Federation ◽  
Constitutional Law ◽  
Constitutional Court ◽  
Legal Proceedings ◽  
European Court ◽  
Federal Constitutional ◽  
Legal Position ◽  
The Russian Federation

In modern conditions, changing approaches to the implementation of international law there is both the need and opportunity. The article considers some issues of the relation of national and international law. The legal position about resolution of conflicts of constitutional and conventional interpretations are based on the decision of the Constitutional Court of the Russian Federation on the so-called request for the applicability of decisions of the European Court of Human Rights. Since 2014 there is a new version of Article 101 of the Federal Constitutional Law on the Constitutional Court, which establishes opportunity to apply to the Constitutional Court against the decision of the ECHR. This provision contains an important mechanism for harmonization the constitutional and conventional interpretation.

Condition of the Armenian Apostolic Church at the Time of Coming to Authority N. S. Khrushchev

2020 ◽  
pp. 245-265
Author(s):  
Арсен Артурович Григорян
Keyword(s):  
Soviet Union ◽  
Research Methods ◽  
Russian Federation ◽  
National Archive ◽  
The State ◽  
State Archive ◽  
The Soviet Union ◽  
The Usa ◽  
The Russian Federation ◽  
Apostolic Church

Цель данной статьи - описать условия, в которых Армянская Апостольская Церковь вступила в эпоху правления Н. С. Хрущёва, начавшуюся в 1953 г. По содержанию статью можно поделить на две части: в первой даются сведения о количестве приходов на территории Советского Союза и за его пределами, а также о составе армянского духовенства в СССР; во второй излагаются проблемы, существовавшие внутри Армянской Церкви, и рассматриваются их причины. Методы исследования - описание и анализ. Ценность исследования заключается в использовании ранее неопубликованных документов Государственного архива Российской Федерации и Национального архива Армении. По итогам изучения фактического материала выделяются основные проблемы Армянской Апостольской Церкви на 1953 г.: финансовый дефицит, конфликт армянских католикосатов и стремление враждующих СССР и США использовать церковь в своих политических целях. The purpose of this article is to describe the conditions in which the Armenian Apostolic Church entered the epoch of the reign of N. S. Khrushchev, which began in 1953. The article can be divided into two parts: first one gives information about the number of parishes in the territory of the Soviet Union and beyond, and about the structure of the Armenian clergy in the USSR; the second one sets out the problems that existed in the Armenian Church and discusses their causes. Research methods - description and analysis. The value of the study lies in the use of previously unpublished documents of the State Archive of the Russian Federation and the National Archive of Armenia. Based on the results of studying the materials, the main problems of the Armenian Apostolic Church in 1953 are: financial deficit, the conflict of Armenian Catholicosates and the eagerness of USSR and the USA, that feuded with each other, to use the Сhurch for their political purposes.

Presumption of Innocence as a Principle of Administrative Offense Proceedings

2021 ◽  
Vol 1 ◽  
pp. 30-34
Author(s):  
Artem R. Nobel ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Presumption Of Innocence ◽  
Judicial Practice ◽  
European Court ◽  
The Russian Federation

The presumption of innocence is defined as one of the key principles of proceedings on the cases of administrative offenses. Using the current legislation, the legal positions of the highest courts of the Russian Federation and the European Court of Human Rights, judicial practice, the author reveals the essence of the presumption of innocence by highlighting the elements of this principle and characterizing their content.

scholarly journals Genesis of establishment and development of the judicial system of the Russian Federation in the late XX – early XXI centuries: institutional and normative characteristics

2021 ◽  
pp. 26-36
Author(s):  
Valentina Mikhailovna Bol'shakova
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Federal Courts ◽  
Judicial System ◽  
Constitutional Court ◽  
The Soviet Union ◽  
The Supreme Court ◽  
Judicial Proceedings ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the evolution of the structure of judicial system of the Russian Federation in the late XX – early XXI centuries. Description is given to the changes undergone by the Russian judicial system after dissolution of the Soviet Union. The author follows the dynamics of the normative legal changes that regulate judicial proceedings, as well as reveals the institutional framework of the modern structure of judicial system of the Russian Federation. The article illustrates the institutional and normative changes within the structure of judicial system of the Russian Federation in the late XX – early XXI centuries based on application of the comparative-legal and systemic methods of research. The novelty and the main conclusions lie in the following: it is established that the Russian Federation has issued the normative legal acts that contribute to the strengthening and unification of the Russian judicial system, uniformity of social guarantees and compensations set for judges. Currently, the judicial system of the Russian Federation is founded on the principle of combining administrative-territorial and district organization. It is determined that the judicial system of the Russian Federation consists of 1) the Constitutional Court of the Russian Federation; 2) the Supreme Court of the Russian Federation; 3) federal courts of general jurisdiction; 4) arbitration courts; 5) magistrates’ courts of the constituent entities of the Russian Federation. It is noted that since January 1, 2023, the Constitutional (statutory) courts of the constituent entities of the Russian Federation will be abolished.

scholarly journals The Material and Procedural Aspects of Non Bis In Idem Principle in Proceedings on Administrative Offenses

2021 ◽  
Vol 4 ◽  
pp. 39-42
Author(s):  
Artem R. Nobel ◽  
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Procedure ◽  
European Court ◽  
The Russian Federation ◽  
Administrative Responsibility

The essence of the principle of one-time administrative responsibility is considered, its concept and proposals for improving the provisions of the Code of Administrative Offenses of the Russian Federation are formulated. The conclusions are based on the provisions of the legislation on administrative offenses, the legal positions of the highest courts of the Russian Federation, the European Court of Human Rights, a comparative analysis of the current criminal and criminal procedure legislation. The operation of the principle non bis in idem in proceedings on the cases of administrative offenses is revealed by highlighting the material and procedural elements that make up its content.

Managing civil society: democratisation and the environmental movement in a Russian region

2003 ◽  
Vol 36 (4) ◽  
pp. 489-508 ◽  
Author(s):  
Jo Crotty
Keyword(s):  
Civil Society ◽  
Soviet Union ◽  
Citizen Participation ◽  
Russian Federation ◽  
Third Sector ◽  
Environmental Movement ◽  
Donor Funding ◽  
The Soviet Union ◽  
The Russian Federation ◽  
Donor Agencies

The stalling of civil society development within the Russian Federation and its attendant causes have been a focus of academic study since the collapse of the Soviet Union in 1991. Alongside the emergence of a fragmented and chronically under-funded community of advocacy groups, the literature points to a rejection of democratic structures by the Russian populace and an absence of active civil engagement. Consequently, the international community has sought to bolster the growth and development of the Russian third sector by funding projects and organisations with a view to increasing public participation.Utilising research undertaken in Samara oblast of the Russian Federation, this paper examines the role played by overseas donor agencies within the Samara Environmental Movement (SEM). In examining both the quality and quantity of donor assistance received, it reveals a number of dysfunctions arising from this aid, and in particular, a lack of contextualization and mis-direction of the assistance offered vis-à-vis citizen participation, alongside other behavioural impacts of donor funding within the SEM itself.

Does russian society need «civil religion»?

2020 ◽  
pp. 13-28
Author(s):  
Vyacheslav Varganov
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Civil Religion ◽  
Russian Society ◽  
Present Stage ◽  
Stage Of Development ◽  
The Soviet Union ◽  
The People ◽  
The Russian Federation

At the present stage of development of the Russian Federation, after the collapse of the Soviet Union, the ideological bonds of the people disappeared. In these conditions, the "well-wishers" of various stripes are persistently trying to fi ll the resulting vacuum. The people themselves and their leadership are also in search of a national idea that can unite all Russians into a single nation. One of the options for a possible new national idea, according to some scientists, is the so-called "civil religion". Is it suitable for the Russian society?

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