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«Russian Journal of Legal Studies» – Law scientific Journal.

E-ISSN 2413-7448

Publication frequency – issued 2 times a year.

Issued from 2014.

1 March 01, 2016

Articles and Statements

1. Ivan V. Erofeev
Legal Regulation of the Cooperation between the European Union and Third Countries in the Field of Fighting With Illicit Drug Trafficking

Russian Journal of Legal Studies, 2016, Vol. (5), Is. 1, pp. 4-12.
DOI: 10.13187/rjls.2016.5.4CrossRef

The paper deals with analysis of relations between the European Union and its member states on the one hand and other countries on the other hand which are arise in the process of counteracting to illicit drug trafficking. The main agreements between the European Union and other countries which dedicated to the co-operation in the field of fighting with illicit drug trafficking are considered. Also author made a short review of criminal legislation of several non EU countries. The analysis of such legal acts allows to author of this paper to make scientifically useful conclusions about kinds and levels of co-operation between the European Union and third countries in the field of fighting with illicit drug trafficking.

URL: http://ejournal25.com/journals_n/1455109945.pdf
Number of views: 1673      Download in PDF

2. Alexander А. Nasonov
On the Right to Protection of the Person Requested to Extradition

Russian Journal of Legal Studies, 2016, Vol. (5), Is. 1, pp. 13-20.
DOI: 10.13187/rjls.2016.5.13CrossRef

In article the problem of participation in the Russian criminal legal proceedings of the person which delivery is requested by the foreign state for criminal prosecution rises. Its possibility to use the right to protection is proved. The structure of the right to protection which is presented by the rights of the person necessary for it for realisation of personal protection is resulted; the rights of the person to use services of the defender; the powers of the defender used for protection of the person which delivery is requested; the rights of the lawful representative of the minor person which delivery is requested, used by it with a view of protection of the represented. The bases of occurrence of the right to protection with reference to the person, the persons which delivery is requested, to which the general bases (norms of the right, правоспособность and capacity of the subject) and specific in the form of actual structure (a direction the requesting state to the required state of inquiry about deliveries of the person and the fact of reception of the specified document the required state concern are investigated also; the request for time detention of the searched person when the commission about delivery is not directed by the requesting party yet, but it assumes it to make and the fact of reception of such request the required party). Besides, distinction between legal subjects on protection and subjects of realisation of the right to protection is spent. Components of the mechanism of realisation of the right to protection are analyzed, its features one of which is ability to be one of remedial levers with which help appointment of criminal legal proceedings is carried out reveal.

URL: http://ejournal25.com/journals_n/1455110020.pdf
Number of views: 1674      Download in PDF

3. Nina А. Panko
The Expert Explanation as a Kind of a Special Study in Criminal Procedure

Russian Journal of Legal Studies, 2016, Vol. (5), Is. 1, pp. 21-28.
DOI: 10.13187/rjls.2016.5.21CrossRef

The problems related to the expert explanation provision of his testimony in the court session have been considered. The study is based on the category of the expert inner conviction. The factors influencing its formation have been analyzed. The position, that in the process of the explanation provision the expert is doing a special study by comparing the content of his inner conviction at the time of the testimony provision and at the time of the explanation of this testimony in the court session, has been argued. The grounds for changes of the expert inner conviction have been established. It has been recognized as valid that in the case of the inner conviction change in the court session he can study the previously submitted testimony and argue decisively what expert examination results have been reviewed by himself and on what grounds. It has been found that the explanation provision in the court under the drawing up testimony can be considered as a kind of an expert additional special study. The object of this study is the testimony of the earlier performed expert examination.

URL: http://ejournal25.com/journals_n/1455110093.pdf
Number of views: 1679      Download in PDF

4. Dmitry V. Semakov
On the Legal Risk Allocation when Entering into an Commercial Lease Agreement

Russian Journal of Legal Studies, 2016, Vol. (5), Is. 1, pp. 29-36.
DOI: 10.13187/rjls.2016.5.29CrossRef

The article presents several possibilities for legal risk allocation when entering into an agreement using the example of one of the most frequently encountered documents when carrying out business activities, a commercial lease agreement. Based on the fact that the regulation of the allocation of contractual risks according to the aсеs of the Russian Federation is, as a rule, of a provisional character, and according to the legislation of the Russian Federation regulating commercial leases, an analysis of the legislative and regulatory compliance practices in the Russian Federation, and the position of the Supreme Arbitrazh Court of the Russian Federation regarding the subject concerned, this work features practical recommendations that will help leaseholders and tenants under a commercial lease agreement to allocate to the fullest extent possible the future risks taking into account the desires of both parties as a part of the agreement entered.

URL: http://ejournal25.com/journals_n/1455110157.pdf
Number of views: 1681      Download in PDF

5. Dinar M. Valeev
International Legal Instruments Against Corruption

Russian Journal of Legal Studies, 2016, Vol. (5), Is. 1, pp. 37-44.
DOI: 10.13187/rjls.2016.5.37CrossRef

The article analyzes the international legal instruments against corruption. The latter determine the main vector of combating this phenomenon. Significant contribution to the development of his opposition was provided by the UN Convention against corruption, adopted on 31.10.2003 Resolution 58/4 of the General Assembly of the United Nations and entered into force on 14 December 2005, ratified by Russia in 2006 and the Convention of the Council of Europe criminal law Convention on corruption (Strasbourg, 27 January 1999), ratified by the Russian Federation of 25 July 2006 (FL-125). The author concludes that a number of provisions of international legal instruments require further explanation and clarification of differences between categories of concepts, and there is a discrepancy in the definition of terms.

URL: http://ejournal25.com/journals_n/1455110208.pdf
Number of views: 1648      Download in PDF

6. Aleksey М. Zhygulin
The Сlassification of the Сonflict in the Donbass: the International Legal Aspect

Russian Journal of Legal Studies, 2016, Vol. (5), Is. 1, pp. 45-52.
DOI: 10.13187/rjls.2016.5.45CrossRef

The paper has studied the questions with relation to the positions of the participants of the armed conflict in the southeast of Ukraine in the aspect of international humanitarian law. The essence of the contradictions between the subjects of international relations arising from the classification of the armed conflict has been disclosed. The fundamental differences in the positions of the parties participating in the armed conflict in the region have been shown. The arguments in support of the position on the irreversibility of the processes forming the people of Donbass have been made out. The motive of the armed struggle of the rebel side has been chosen as a criterion of qualification of the conflict. It has been concluded about the international character of the conflict.

URL: http://ejournal25.com/journals_n/1455110257.pdf
Number of views: 1659      Download in PDF

full number
URL: http://ejournal25.com/journals_n/1455110348.pdf
Number of views: 1807      Download in PDF

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