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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.

2 June 04, 2016


Articles and Statements

1. Alexander A. Lyubchik
The Nature and Content of the Defense and Protection of Labor Rights

Russian Journal of Legal Studies, 2016, Vol. (6), Is. 2, pp. 56-63.
DOI: 10.13187/rjls.2016.6.56CrossRef

Abstract:
The article deals with the scientific concept of «protection of labor rights» and «protection of labor rights». The nature and content of these concepts are analyzed, taking into account the level of their theoretical constructs developed by scientists who were involved in this problem. Showing and validity of the shortcomings and contradictions of theoretical constructs these concepts, and the concepts of «legal protection» and «protection of the right». In the article wording of the concepts of «protection of labor rights», «protection of labor rights», «legal protection», «protection of rights», which will concretize the theoretical basis of research in this direction of legal regulation, their conceptual apparatus that will contribute to the improvement of legal technique and design regulations. Uniform application of the above terms creates conditions for a more precise classification of state bodies carrying out these activities, the placement of appropriate tasks, giving them the relevant expertise, a clear definition of directions and ways of their activities.

URL: http://ejournal25.com/journals_n/1464435252.pdf
Number of views: 1575      Download in PDF


2. Jacobo Aguirre McMorrow
Catalonian Separatism and International Law

Russian Journal of Legal Studies, 2016, Vol. (6), Is. 2, pp. 64-69.
DOI: 10.13187/rjls.2016.6.64CrossRef

Abstract:
The Catalonian Separatist movement tries to convey itself as a democratic strive for freedom from the Spanish State and Government, whom it considers to steal from its wealth and ground its national identity. It calls for a democratic and political solution to the Catalonian struggle, by holding an in or out referendum from which it could establish its own state independent from the rest of Spain. Those cries for democracy are contradicting with the manner in which the separatists attempt to hold the popular consultation, by ignoring the laws they voted for in the Spanish constitution not half a century ago; using a political speech that bends and misinterprets EU legislation to try to convince hopeful voters of a Catalonian Republic within the EU. The speech also holds over-optimistic views over the consequences a unilaterally independence declaration would entail; this explains the general belief most Catalans have, that the newly founded republic would be reintegrated within the international system with ease, Europe, NATO and the UN would welcome it in open arms after centuries of evil Spanish oppression. The advantages within Spain may be taken for granted, but the consequences of separation would be an immediate grim reminder. Every Spaniard in the Catalonian region enjoys free movement, a vast open market; a competitive currency; 28 states backing him up militarily and the privilege of being born in the oldest nation state the world has known. Who would ever want to leave?

URL: http://ejournal25.com/journals_n/1464435329.pdf
Number of views: 1604      Download in PDF


3. Alexander M. Moiseev, Aleksey M. Zhygulin
The Technology of Military Crimes Documentation

Russian Journal of Legal Studies, 2016, Vol. (6), Is. 2, pp. 70-77.
DOI: 10.13187/rjls.2016.6.70CrossRef

Abstract:
The problem of military crimes documentation by the members of the community, which are committed in the territory of the unrecognized state, has been investigated. The relevance of the topic is conditioned by the limited access of law enforcement agencies of other states to the place of the event. The procedure of documentation has been considered as a system of actions of human rights organizations for collecting and recording of information about the facts and circumstances of the event with elements of a war crime. The methods of criminology for war crimes documentation have been applied, which has allowed establishing the structure of the object and systematizing the information about it in the form of a trace picture. The necessity of the procedure optimization based on the use of special knowledge has been shown. Furthermore, the reliability and objectivity of the recorded information have been chosen in the function of the criteria. The circle of the participants in the procedure of documentation has been optimized. Among these are a chair of the public committee, a head of the working group, a journalist, a criminologist and a researcher. The operational chart of commission work management for documentation of the event with elements of military crime has been developed.

URL: http://ejournal25.com/journals_n/1464435391.pdf
Number of views: 1635      Download in PDF


4. Mikhal Ondreychik
Interrelationship of European, International and National Legal Norms on Human Rights

Russian Journal of Legal Studies, 2016, Vol. (6), Is. 2, pp. 78-89.
DOI: 10.13187/rjls.2016.6.78CrossRef

Abstract:
The author analyzes Opinion 2/13 of the Court of Justice on Access of the European Union to European Convention on Human Rights, first of all the procedural reservations made by Court of Justice. The meaning of the Opinion cannot be underestimated, because it determines legal possibility of the European Union to access the European Convention on Human Rights. In the case of EU accession to the European Convention on Human Rights, EU would face a situation where the European Court of Human Rights would serve as a court of last instance in relation to the European Union Court of Justice. That has to be considered to landmark of the beginning of a new stage in the development of the European Union judicial system. Therefore, in the article author examines the arguments of the Court of Justice in certain points of Opinion 2/13. In his research, the author presents an assessment of argumentation of the European Union Court of Justice. In presented research, the author employs EU official documents mainly decisions and opinions of the Court of Justice and the opinions of advocates-general, materials and works of Western scholars involved in the topic that having supportive impact on argumentation of the Court of Justice or putting it under question. The author concludes that Opinion 2/13 of Court of Justice clearly makes difficult for European Union to access to the European Convention on Human Rights and Court of Justice increasingly looking for a reason to give a negative opinion than to agree to sign of the Accession agreement.

URL: http://ejournal25.com/journals_n/1464435494.pdf
Number of views: 1599      Download in PDF


5. Igor I. Onyshchuk
The Information Function of the Legal Monitoring

Russian Journal of Legal Studies, 2016, Vol. (6), Is. 2, pp. 90-96.
DOI: 10.13187/rjls.2016.6.90CrossRef

Abstract:
The article defines the essence of the information function of the legal monitoring. It was found that the objectivity and certainty of information is one of the basic principles of the legal monitoring. Justified basis for selection of the information function as an independent legal monitoring activities. To ensure continuous monitoring of regulatory legal acts and legal system belongs to improve information resources of legal monitoring and legislation to recognize the legal monitoring one of the stages of lawmaking process. Control of the legal system is the implementation of analysis of institutions and the system as a whole, in order to consolidate good practice and remedy deficiencies and problems. Control is a tool, not an end in itself. Its importance is reflected in the consistency of information. Legal information the function of monitoring is to find information that is necessary to ensure optimal condition of legal space. Monitoring the compliance of legal acts with the current legislation of Ukraine, the state programs and strategies, specifies the content of the legal monitoring, allow you to more clearly articulate its goals, identify methods, ways and means of the meeting. Improvement of existing legal acts is carried out based on the comparison of actual implementation with objectives. Therefore, it is necessary to improve information resources legal monitoring in Ukraine.

URL: http://ejournal25.com/journals_n/1464435554.pdf
Number of views: 1570      Download in PDF


6. Ramiz F. Shahbazov, Alexander А. Sizov
Classical Principles of Muslim Criminal Proceedings

Russian Journal of Legal Studies, 2016, Vol. (6), Is. 2, pp. 97-103.
DOI: 10.13187/rjls.2016.6.97CrossRef

Abstract:
At the present time, in conditions of real existing need in the international cooperation in the criminal process, there are States where the political system and registered based on one of three world religions – Islam, which was, in turn, motivating factor of the study. The present article represents a reduction of reliable information about humane and democratic from the modern point of view the nature of the foundations of the Islamic criminal process. Thorough analysis is the main source of Islamic law with regard to the regulation of the basic principles of Muslim criminal proceedings. Consistently identifies and analyses the classical (Qur'anic) principles of criminal procedure, regulated by Islamic jurisprudence. Are theses about the absence of fundamental contradictions between the classical principles of Muslim criminal proceedings and principles of the criminal process in modern democracies. Because of this proves the existence of stable «legal basis» for cooperation between the Muslim and Russian criminal process.

URL: http://ejournal25.com/journals_n/1464607095.pdf
Number of views: 1638      Download in PDF


7.
full number
URL: http://ejournal25.com/journals_n/1464607118.pdf
Number of views: 1710      Download in PDF





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