scholarly journals Modern Approaches to the Notion of Sources of Criminal Law in Post-Soviet Legal Systems

2021 ◽  
Vol 3 (13) ◽  
pp. 14-18
Author(s):  
S. A. SOFRONOVA ◽  
◽  
A. A. VOROB’EVA ◽  

The article discusses modern approaches to understanding the sources of the branch of criminal law in legal systems in the post-Soviet space. We analyze the influence of legal traditions and external factors on the transformation of approaches to the concept of sources of criminal law on the example of the legislation of various states. We conclude that there is a relatively uniform approach in the criminal law of the former USSR republics to the concept of sources of criminal law. We also identify the factors and conditions determining possible changes in the concept of sources of criminal law.

Author(s):  
L. S. Voronkov

On the basis of analysis of integration processes between Nordic, Benelux countries and post-soviet states in Europe the author expresses hesitations in accepting the integration experiences gained by the EU as the criterion of efficiency and the pattern for the post-Soviet space. He does not consider that an involvement of all countries with market economy into processes of regional integration, if they do not try to achieve certain political aims through integration, is the universal regularity in the globalized world. In these cases neither free trade zones nor custom unions can be considered as integration stages, but they continue to be the tools for further development of trade. The author proposes to assess the EU evolution with regard to the legal norms of international organizations, where state sovereignty of members is strengthened, not given up to supernational bodies. In case the idea of reestablishment of an unified state on the remains of the former USSR, linked to the necessity to hand over the recently acquired sovereignty to it, is laid down to the ground for practical measures of integration, this kind of integration will hardly be attractive to the potential post-Soviet participants. This perspective is hardly desired for Russia either. The integration path of the EU reflects the peculiarities of the European situation and specific interests of its member states. Many details of the EU activity are not applicable to other integration groupings in Europe and membership criteria in every of them is not universal. Any efforts to construct integration processes in the post-Soviet space in accordance to the EU model without proper consideration to integration experiences of other countries and to political, economic, social, cultural, demographic, military peculiarities of the countries concerned seem to be not acceptable and founded.


2019 ◽  
Vol 135 ◽  
pp. 04065
Author(s):  
Valery Lapshin ◽  
Nadezhda Kuznetsova

Currently, one can observe the process of active economic integration and cooperation, in the post-Soviet space. This is possible due to mutual economic and political interests, ensuring the protection of the interests of national producers, and obtaining competitive advantages of domestic goods in comparison with similar products of Western European and Asian manufacturers. The solution to all these problems is facilitated by the creation of a single international organization of the post-Soviet space the Eurasian Economic Union (EAEU), the territory of its member states already constitutes a single customs space. Activities of the EAEU are associated with the adoption of a significant number of regulatory international legal acts. Implementation of these acts will be satisfactory only if the EAEU member states properly implement it in the national legislation. At present, several types of implementation of international law provisions in the national legislation of a particular country are distinguished in legislative activity: reception, transformation, referral, incorporation, ratification. Law enforcement practice also deserves special attention, including decisions of international courts binding in a single state. As a result of the study, the most preferred forms of implementation of the EAEU regulatory acts into the national law systems of its participants: Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia, were established. In addition, it was concluded that it is necessary to unify provisions of the criminal law of the listed states in terms of establishing liability for customs offenses. This decision will positively affect protection of both the interests of individual participants in economic relations and the economic security of each union state.


2018 ◽  
pp. 79-96
Author(s):  
Svetlana Cebotari ◽  
Sergiu Plop

As a result of the geopolitical metamorphoses of the 1990s, the Russian Federation is trying to regain its lost positions. One of the most debated topics was undoubtedly the issue of Russia's new role on the international arena. Within a decade since the end of the Cold War and the collapse of the former USSR, the Russian Federation is trying to restore its status as a great power, re-launching a policy of restoring the zone of influence in the post-Soviet space. This paper analyzes the strategies of the Russian Federation to maintain in its sphere of influence the East-European and South-Caucasian space.


2021 ◽  
pp. 43-50
Author(s):  
A.A. Korennaya

The Treaty on the Eurasian Economic Union (EAEU) was signed on May 29, 2014 in Astana by thePresidents of Russia, Belarus and Kazakhstan. It came into force on January 1, 2015. Currently, the fivemember States of the Eurasian Economic Union, in addition to ensuring the freedom of movement ofgoods, services, capital and labor, have set the goal of conducting a coordinated, coordinated or unified policy in economic sectors. Insolvency, being an objective economic phenomenon characterized by an acuteconflict of interests of participants, needs an effective system of protection, including criminal law. In thispaper, the author analyzes the current criminal law norms on liability for crimes in the field of insolvency(bankruptcy) in Russia, Kazakhstan, Belarus, Armenia and Kyrgyzstan. On the basis of the general historicaland theoretical development of criminal legislation in the post-Soviet space, reflected in the Model CriminalCode of the CIS member states, the author highlights the features of criminal law norms formed during theperiod of independent lawmaking of all states. Based on the conducted research, the author comes to theconclusion that the possibilities of unification of criminal legislation on liability for crimes in the field of nonproperty (bankruptcy) for the Union states have not been lost. Such integration should become one of thepriority areas for improving criminal legislation.


Author(s):  
P. I. Pashkovsky

In this article, the author described features of Russian integration policy towards the Baltic States (1992–2009). I showed that in the first half of the 1990s, the mechanisms of Russian integration policy were bilateral and multilateral negotiations. From the mid to late 1990s, Russia declared the concept of multi-speed and multi-level integration. Under the influence of internal and external factors, Russia in this period is experiencing its decline in influence and the crisis of integration policy in the post-Soviet space. Since the beginning of the 2000s, Russian integration policy has been characterised by the priority of bilateral ties and economic pragmatism. The relations of Russia with Latvia, Lithuania and Estonia in this period are built on mutually beneficial bases, with many unresolved problems and sometimes a high degree of tension. In the second half of the first decade of the XXI century, under the influence of internal and external factors, Russia concentrates on internal modernisation and protection of its interests in the post-Soviet space in general and in the Baltic States region in particular.


2021 ◽  
Vol 27 (2) ◽  
pp. 175-180
Author(s):  
Nikolay A. Redkov ◽  
Natalia Vladimirovna Ganzha ◽  
Lyubov Anatolyevna Khlestakova

The article deals with some problems of constructing elements of crimes with administrative prejudice and concludes that it is necessary to improve such criminal law norms. It is noted that, since 2009, in Russia there is a process of gradual resumption of the construction of administrative prejudice in the structure of the domestic criminal law. To date, this construction is used only in six countries of the world, which are parts of the former Soviet Union, in connection with which the conclusion is made about the uniqueness of the institution of administrative prejudice in the field of criminal law. The authors have collected statistics on the quantitative development of this institution in the post-Soviet space over the past five years. It is concluded that the problem of the absence of a single formulation defining a special subject of the elements of crimes with this construction exists not only in the Russian criminal legislation, but also in the legislation of Tajikistan and Turkmenistan. The necessity of fixing in Russian criminal law and initiating fixing in the Model Criminal Code for the former Soviet republics the definition of administrative prejudice in criminal law and on its basis the development of a single model of legislative regulation of administrative prejudice in criminal law, which will eliminate the technical and legal shortcomings addressed in the article, is determined.


2021 ◽  
Vol 65 (2) ◽  
pp. 81-88
Author(s):  
K. Kurylev ◽  
D. Malyshev ◽  
A. Khotivrishvili ◽  
V. Shablovskii

The main directions of integration processes in the post-Soviet space are analyzed in the context of their significance for the countries of the region, defined in the article as Eurasia. The essential characteristic of the concepts of “Eurasianism” and “Eurasian integration” is given. Some scientific approaches to the definition of these concepts are also presented. Particular attention is paid to the two leading international structures in the Eurasia region – the Shanghai Cooperation Organization (SCO) and the Eurasian Economic Union (EAEU). Today, the processes of implementing the ideas of Eurasianism and Eurasian integration are associated, first of all, with the development of the EAEU. But the whole picture looks inferior without taking into account the activities of the SCO. This organization aims to implement interaction between European and Asian states, and, therefore, the ideas that underlie Eurasian integration. The Shanghai Cooperation Organization claims to be actively involved in global affairs, and remains one of the most significant forces in the processes taking place in the Eurasian geopolitical space. The ideas of Eurasian integration that arose more than 100 years ago continue to be an integral part of economic and political rapprochement of the peoples of the former USSR. This process itself is not easy due to both external and internal factors. But in any case, it can be stated with confidence: the Eurasian states are trying to create integration associations in various formats, to solve issues of mutual interest with their help. And this process affects most of the states of the Eurasian continent. The future development of both individual states of Eurasia, and the entire continent as a whole, depends on results of the integration processes promoted within the framework of the EAEU and SCO. Acknowledgements. The article has been supported by a grant of the Russian Science Foundation. Project No. 19-18-00165 “Eurasian Ideology as Unifying for the EAEU and SCO Countries”.


2021 ◽  
Vol 14 (5) ◽  
pp. 162-176
Author(s):  
V. A. Avatkov

The article scrutinizes the main results of the 30-year independent existence of the former Soviet republics under the conditions of modern political realities and the formation of a polycentric system of international relations, where regional states such as Turkey begin to exert an increasing influence on the ongoing processes. Based on the results of the analysis, the author comes to the conclusion that since the collapse of the Soviet Union, two trends have developed in the post-Soviet space: integration and disintegration. e main task of the Republic of Turkey in the post-Soviet region is to set the pro-Turkish model of integration of key Turkic states and to create the so-called “Turkic world” – a new subsystem of international relations under its auspices. In order to implement these plans, Ankara pursues three main goals in the post-Soviet space: to replace the “Turkic” with the “Turkish”; secondly, to bring loyal elites to power in the partner countries; and to concentrate the movement of resources within the framework of the “hub” ideology. Meanwhile, during its interaction with the former USSR countries Turkey has passed or is still passing through several stages: the “era of hope”, the “step-by-step era” and the “era of Turkish-centric integration”, which continues up to the present time and is expressed in exerting a significant influence on the Turkic actors.


2010 ◽  
pp. 94-107 ◽  
Author(s):  
E. Vinokurov ◽  
A. Libman

The paper applies a new dataset of the System of Indicators of Eurasian Integration to evaluate the changes of level and direction of economic interaction of the post-Soviet states in the last decade. It analyzes the integration dynamics in the area of trade and migration as well as on three functional markets of agricultural goods, electricity and educational services. The paper concludes that the level of trade integration on the post-Soviet space continues declining, while there is a rapid increase of the labor market integration. Three largest countries of the Eurasian Economic Community - Russia, Belarus and Kazakhstan - demonstrate positive integration dynamics, but small countries maintain the leading position in the area of post-Soviet integration.


Author(s):  
Alexandr S. Levchenkov ◽  

The article analyzes the influence of the concepts of the Intermarium and the Baltic-Black Sea Arc on the formation of Ukraine’s foreign policy in 1990 – early 2000. The use of these concepts in American, European and Ukrainian geopolitical thought, which historically included the idea of opposing Russian influence in the region, contributed to the increase in tension and was aimed at further disintegration of the Western flank of the post-Soviet space. The article proves that the design of the Euro-Atlantic vector of Ukraine’s foreign policy was already active under the first two Ukrainian presidents – Leonid Kravchuk (1991–1994) and Leonid Kuchma (1994–2005). One of the concrete attempts to implement the idea of forming a common political, economic, transport and logistics space of the Black Sea-Caspian region with a promising expansion of the cooperation zone to the whole of Eastern Europe and the Eastern Baltic during the presidency of Leonid Kuchma was the foundation and launch of a new regional organization, Organization for Democracy and Economic Development, better known as GUAM (composed by the initial letters of names of member states – Georgia, Ukraine, Azerbaijan, Moldova; when Uzbekistan was also a member of Organization for Democracy and Economic Development, the name of the organization was GUUAM), which is an alternative to Eurasian projects with the participation of Russia.


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