English (United Kingdom)  Russian (CIS)

«Russian Journal of Legal Studies» – юридический научный журнал.

E-ISSN 2413-7448

Периодичность – 2 раза в год.

Издается с 2014 года.

1 March 01, 2019

Articles and Statements

1. Alfiya Kayumova
The European Border and Coast Guard Agency (FRONTEX): Formation, Development and Prospects

Russian Journal of Legal Studies, 2019, 6(1): 3-11.
DOI: 10.13187/rjls.2019.1.3CrossRef

The article is devoted to the activities of FRONTEX. The limitations of the former EU border agency, Frontex, hindered its ability to effectively address and remedy the situation created by the refugee crisis: it relied on the voluntary contributions by Member States as regards resources, it did not have its own operational staff, it was unable to carry out its own return or border management operations without the prior request of a Member State and it did not have an explicit mandate to conduct search and rescue operations. The enhanced Agency will be strengthened and reinforced to address all these issues. The article describes the main provisions of the reform FRONTEX.

URL: http://ejournal25.com/journals_n/1549298594.pdf
Number of views: 774      Download in PDF

2. Ivan Nebol’sin
FRONTEX Reform as a Response to the Migration Crisis in the EU

Russian Journal of Legal Studies, 2019, 6(1): 12-19.
DOI: 10.13187/rjls.2019.1.12CrossRef

The article analyzes the empowerment of the European Border and Coastal Agency (FRONTEX) on the basis of European Union law. The prerequisites for a change in the legal regulation of FRONTEX activities in 2016 and the reform currently being carried out in order to enhance the protection of external borders in the European Union are given. The powers of the FRONTEX, in accordance with the Regulations of 2016, and key aspects of the 2018 project proposed by the European Parliament and the European Council are analyzed. The procedure for joining the FADO system to the FRONTEX agent is disclosed. All changes show a higher level of integration of European states in the field of the protection of external borders.

URL: http://ejournal25.com/journals_n/1549298656.pdf
Number of views: 719      Download in PDF

3. Dmitriy V. Sarychev
The Constitutional Court of the Republic of Croatia

Russian Journal of Legal Studies, 2019, 6(1): 20-25.
DOI: 10.13187/rjls.2019.1.20CrossRef

The article deals the legal status of the Сonstitutional Сourt of the Republic of Croatia. Studied the legislation on the basis of which the Court is functions. Special attention is paid to the interaction of the Court with the Parliament. Analyzed the judicial practice on certain issues. Describes the process of formation of the Court. Studied the procedure of appointment of judges and their term of office. Raised the problem of the lack of the right of legislative initiative of the Court. Drawn attention to the way of interaction between international and national law of Croatia.

URL: http://ejournal25.com/journals_n/1549298716.pdf
Number of views: 753      Download in PDF

4. Vladislav Savin
Administrative Courts in the Czech Republic: General Provisions

Russian Journal of Legal Studies, 2019, 6(1): 26-34.
DOI: 10.13187/rjls.2019.1.26CrossRef

The aim of this article is to identify and classify different approaches to legislation on Czech system of administrative courts, the underlying causes of these approaches, and the impact of this system on the practice of consideration of cases. In this paper the formal-legal method, method descriptions and method of text analysis used. In doing so, scientific works in the mentioned area, relevant regulations of the observed state entities, as well as newspaper texts and electronic databases were used .In connection with the need to resolve administrative disputes related to state interference in the private life of people, advanced approaches to administrative procedural legislation have been established. The Czech Republic has codified administrative legislation and special legislation for the resolution of administrative disputes. This includes the act № 131/2002 Coll. of 15 March 2002. "On decision-making in certain competence disputes" and the act of 21 March 2002 № 150/2002 Coll. "Rules of administrative procedure". The administrative courts of the Czech Republic monitor the implementation of European legislation on the territory of the state. The role of administrative courts in the judicial system of the Czech Republic is assessed.

URL: http://ejournal25.com/journals_n/1549298883.pdf
Number of views: 731      Download in PDF

5. Vladimir V. Shumilov
Most-Favored-Nation Clauses in the International Trade System

Russian Journal of Legal Studies, 2019, 6(1): 35-52.
DOI: 10.13187/rjls.2019.1.35CrossRef

The article reveals the evolution, the main features and characteristics of the most favored nation (MFN) principle, its scope, place in the system of principles of international law, the role in the international trade system and in ensuring the international economic order. In the law of treaties, the most favoring takes shape of clauses (treaty provisions); in the system of international law regulation appears as a method of equalization of regimes and as a regulatory mechanism; in the system of international law – as a principle, not only sectoral. The article deals with various situations of application and interpretation of the most-favored-nation clauses, and provides facts and circumstances from state practice, in particular with regard to the conditional provision of MFN. Traditionally, the MFN principle has been characterized as a treaty and dispositive principle, although many legitimate exceptions to MFN principle have developed in the customary legal way and have considerable imperative potential. In the international trade system the MFN principle has evolved from a local principle to an "almost universal" one, derives from the principles of Equality, Cooperation among States; closely linked to the principles of non-discrimination, national treatment, preferential treatment for developing countries and to the themes of international economic security. It can be assumed that – at least in the area of tariff benefits, or in the areas specified in the WTO agreements – the MFN principle accumulates imperative properties; stays on study of transforming or has been gradually transformed in imperative principle. This is evidenced by the international law consciousness: broad international cooperation in the field of trade is impossible without the mutual giving of MFN regime, which should be considered as a duty of States, not just a right.

URL: http://ejournal25.com/journals_n/1549298962.pdf
Number of views: 758      Download in PDF

6. Luan Nguyen Thanh, Hue Duong Dang
Economic Rights and Right in Rem in Vietnam and Russia: Comparative Legal Research

Russian Journal of Legal Studies, 2019, 6(1): 53-57.
DOI: 10.13187/rjls.2019.1.53CrossRef

This study states experienced lessons in building and completing law of economics and right in rem in Vietnam at present which based on the study of Russian Federation’s law in those issues. All of the lessons will include: defining the objective and freedom level of the economy; diversifying the ownership forms and ownership of municipal administration; applying the theory of right in rem in constructing legal system. The article considers the legislation of Vietnam and the Russian Federation.

URL: http://ejournal25.com/journals_n/1549299023.pdf
Number of views: 810      Download in PDF

7. Alla Tymofeyeva
Rethinking Limited Liability of Businesses with Regard to the Environment: the ECtHR’ Approach

Russian Journal of Legal Studies, 2019, 6(1): 58-68.
DOI: 10.13187/rjls.2019.1.58CrossRef

The objective of this paper is to analyse to what extent the case-law of the European Court of Human Rights in the sphere of environment may be relevant for the purposes of corporate responsibility. For the elucidation of the main research question, the author will first elaborate on the environmental standards under the European Convention on Human Rights using the methods of both analysis and description. Second, the article will expose on the legal standing of businesses under this treaty. Third, the applicability of the ECHR standards on the protection of the environment to business enterprises will be discussed. As a result of the applied methods and treatments, the author comes to conclusions that the certain principles established by the practice of the ECtHR are relevant also for business entities and may serve as guidelines for their activities concerning the environment. Given that the provisions of the UNGP in this regard are not sufficiently detailed, the norms of the ECHR help to fill in the gap in the instructions given to businesses. Although the ECHR is only a regional human rights treaty, the study shows that the standards established therein may be applied universally.

URL: http://ejournal25.com/journals_n/1549299105.pdf
Number of views: 750      Download in PDF

8. Anatolii L. Cherniavskyi
The Impact of International Law on the Content of Civil Legal Personality of Individuals and Legal Entities

Russian Journal of Legal Studies, 2019, 6(1): 69-75.
DOI: 10.13187/rjls.2019.1.69CrossRef

The article is devoted to the study of the influence of international legal norms on the nature and content of the civil legal personality of individuals and legal entities. The expansion of the scope of established and guaranteed rights of individuals is increasingly characteristic of modern international law, and this may lead to the conclusion that individuals and legal entities acquire international legal personality in addition to civil legal personality. Based on the nature of the participation of private persons in relations regulated by international law, the author concludes that private entities and individuals should not be regarded as subjects of international law having international legal personality, but only as destinators of international law. Being destinators of international law, private individuals and legal entities do not acquire international legal personality, but their civil legal personality can be modified under the influence of international law, in particular under the influence of international economic law or international private law.

URL: http://ejournal25.com/journals_n/1565612091.pdf
Number of views: 615      Download in PDF

full number
URL: http://ejournal25.com/journals_n/1565612124.pdf
Number of views: 670      Download in PDF

Главная   Редакционный совет   Рецензирование   Индексирование   Публикационная этика   Статистика   Наши авторы   Авторам   Договор оферты   Образец   Архив   

Copyright © 2014-2020. «Russian Journal of Legal Studies» – Law scientific Journal.