Contents # 5/2016

LEGISLATION NOVELS ON APPEALS IN THE СOMMUNITY OF INDEPENDENT STATES  Pdf 16

A. V. SAVOSKIN

judge’s advisor of the Sverdlovsk Region Statutory Court, candidate of legal sciences, associate professor
19, Pushkin st., Ekaterinburg, Russia, 620075
E-mail: savoskinav@yandex.ru

The subject of present study is changes in the laws on citizens’ appeals in the Community of Independent States in the last 5 years. There is a more detailed analyses of rules that’s provided legal entities with constitutional right to appeal; rules on electronic appeals; rules on new (non-traditional) appeals arising in the Internet. Subsequent to the results of the analysis the following points are main conclusions: 1) in recent years, three CIS countries’ laws on appeals fully set forth in a new wording, and the rest laws have changed significantly; 2) legislations of Russia, Kazakhstan, Belarus and Ukraine contain most of the novels, while for Russian legislation it is typical to establish new forms of appeals into subordinate regulation; 3) almost all CIS countries recognize electronic appeals, but their detailed legal regulation is absent; 4) an electronic digital signature is mandatory for electronic appeals in five countries of the CIS; 5) fundamentally new types of appeals that involve the collection of votes by Internet and estimate activity of authorities have emerged in the CIS countries. Such appeals can be submitted only by means of official sites in the Internet and are the least understood in legal theory, while their place in the system of the constitutional right to appeal is not defined.

Keywords: appeal, citizens’ appeals, organizations’ appeals, entities’ appeals, right to appeal, constitutional law, legislation on appeals, electronic appeal, digital signature.

DOI: 10.12737/21819

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THE ANALYSIS OF THE ENFORCEMENT PRACTICE DURING THE CAMPAIGN OF THE YEAR 2014 AND ISSUES OF IMPROVING THE ELECTORAL LAW OF UZBEKISTAN  Pdf 16

G. R. MALIKOVA

associate professor of the Academy of State Governance under the President of the Republic of Uzbekistan, doctor of legal sciences
45, Uzbekistan ave., Tashkent, Uzbekistan, 100003
E-mail: g.malikova@dba.uz

In this publication, author analyzes rules of electoral law according to the elections’ results of representative bodies of the Republic of Uzbekistan held in 2014. Despite the fact that a number of changes and additions were introduced to the electoral law, each election points at loopholes and features left out of consideration, or at newly discovered facts. After the next elections for the representative bodies the election mechanism has identified specific aspects, which should be clearly specified. In this connection, the author tries to underline those rules, which lead to "suffering" of practical mechanism.

Keywords: elections, Oliy Majlis (parliament), Legislation house, Council of people’s Deputies, Central Election Commission, pretrial detention facility, polling station, voter registration.

DOI: 10.12737/21822

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THE FORMS OF DIRECT DEMOCRACY IN LOCAL GOVERNMENT AND CITIZEN’S PARTICIPATION IN ITS OPERATION: THE CANADIAN EXPERIENCE  Pdf 16

A. A. LARICHEV

head of constitutional and municipal chair of the Karelian branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, candidate of legal sciences, associate professor
6а, Chapaeva st., Petrozavodsk, Russia, 185002
E-mail: alexander.larichev@gmail.com

This article examines state and prospects of direct democracy forms’ development in local government and citizen’s participation in its operation in Canada. The regulation of appropriate forms is present both in the law of the provinces and municipalities. It is stated that these forms show a positive trend of development, however, there are a number of problems in this sphere, associated specifically with the lack of appropriate system’s development of legal guarantees and uncertainty of the constitutional and legal status of the local government as an institution. At the same time, certain experience in implementation of forms of direct democracy at the local level (in particular, organization of electronic voting in elections) deserves attention and further study.

Keywords: forms of direct democracy, citizen participation, local government, experience of Canada.

DOI: 10.12737/21825

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HOW TO COMBAT CORRUPTION — A CIVIL SERVANTS' VIEW (in English)  Pdf 16

Karin Hilmer PEDERSEN, Lars JOHANNSEN

Karin Hilmer PEDERSEN, associate professor, Ph.D.
The Department of Political Science of the Aarhus University
Bartholins Allé 7, DK-8000 Aarhus C, Denmark
E-mail: khp@ps.au.dk

Lars JOHANNSEN, associate professor, Ph.D.
The Department of Political Science of the Aarhus University
Bartholins Allé 7, DK-8000 Aarhus C, Denmark
E-mail: johannsen@ps.au.dk

Presented article addresses the question from the point of civil servants’. Using a survey among Baltic civil servants, the authors assess their views on three types of anti-corruption instruments (awareness, punishment, extraordinary investigations rights) and question if the recommendation will change according to where they perceive corruption to be most critical. The article contains a short theoretical discussion about individual incentives to accept bribes linking these to policy recommendations. The authors conclude that reforms and ethical training are needed to promote professionalism and meritocracy among the civil servants as an important factor for curbing corruption. Conducted study shows that despite of the fact that penalties for civil servants are recognized as important tool for counteracting corruption, it should be strictly followed principle of legal state based on maintenance of rule of law emphasizing that tradeoffs with respect to civil rights are inacceptable.

Keywords: fighting corruption, civil servants, prevention of corruption, Baltic states, anti-corruption education.

DOI: 10.12737/21832

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CERTAIN IMPOSITION ISSUES OF REPUBLIC OF ITALY’S STATE POLICY  Pdf 16

I. N. SOLOVIEV

chief research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor, honored lawyer of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: nalogovogoprava@mail.ru

The article considers certain imposition issues of Republic of Italy’s state policy, particularly the taxing authorities’ individual counseling of taxpayers (ruling) carried out on the basis of the Consumer Charter that’s systematized and codified the principles that existed earlier in the legislation. Common European approaches have been studied that addresses optimization issues of taxation and it’s distinction from tax evasion, as well as the attitude of the Italian legislators on this issue, based both on courts’ decisions of various judicial instances, and on civil and the tax legislations’ special rules. This attitude is that taxpayer’s simple execution of multi-move financial and business operations, not aimed at any direct economic outcome, can be considered as a suspicion of tax evasion by means of tax optimization. In addition, there is the detailed analysis of the powers, the structure and the performance of the Financial Guard which is a law enforcement body providing economic and fiscal security of the Italian state, where the whole cycle of identification, suppression and investigation of tax crimes are concentrated.

Keywords: tax system of the Republic of Italy, tax evasion, tax optimization, individual counseling of taxpayers (ruling), Agency of revenues, Financial Guard of Italy.

DOI: 10.12737/21836

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REGULATION OF SWAP AGREEMENTS WITH OTHER CENTRAL BANKS BY THE FEDERAL RESERVE SYSTEM OF THE UNITED STATES  Pdf 16

M. G. MEKHTIEV

junior research fellow of the department of scientific support of activity of the secretariat of the delegation of the Russian Federation to the European Commission for Democracy through Law (Venice Commission) of the Institute of Legislation and Сomparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: mekhtiev.mg@gmail.com

The present article evaluates history of swap agreements’ application and their functioning system in the framework of intercentral bank relations (in particular by the Federal Reserve System of the United States (the Fed)). Swap includes two transactions: the first is a currency exchange on the spot market rate and the second is a future transaction on the rate defined in advance. This mechanism proved its efficiency within its application through history. In 1970s, during a radical transformation period of an entire global currency architecture caused by collapse of Bretton Woods’s system the Fed applied swap agreements to promote stability on financial markets and particularly on currency markets. Later during the Global Financial Crisis of 2008 these agreements again have become rescue measures for the global financial system, as the financial shock caused liquidity deficit for financial institutions and thus cut dramatically credit supply. And finally nowadays the global financial system is badly in need of swap agreements. The swaps’ force of attraction is that firstly it differs from crediting as the latter is one way currency extension, while swap agreement is the exchange of equivalent values. And secondly it fixes the rate of the future currency transaction what lightens both monetary regulation within national jurisdiction and regulation on the level of public international law.

Keywords: global financial system, swap agreements, Federal Reserve System of the United States.

DOI: 10.12737/21837

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THE HAGUE CONVENTION ON THE LAW APPLICABLE TO TRUSTS AND TO THEIR RECOGNITION  Pdf 16

A. S. KASATKINA

deputy head of department of public and private international law of faculty of law of the National Research University “Higher School of Economics”, candidate of legal sciences, associate professor
20, Myasnitskaya st., Moscow, Russia, 101000
E-mail: aleksandra.kasatkina@mail.ru

In modern society, characterized by the increasing complexity of economic relations, it is easy to imagine a situation in which institutions existing in one legal system do not coincide with those adopted in another legal system, and at the same time are used by its subjects. According to the analysis of foreign legislation, increasing development among the usual organizational legal forms of legal entities is received by the trust. And there is a reason. Trust is a special institution that provides extremely flexible mechanism for managing the property that can save individualistic beginning. Currently the trust becomes one of the most attractive investment vehicles and that is why so many scientists, politicians and economists are paying more attention to it. Therefore the analysis of the Hague Convention on the law applicable to trusts and their recognition are of great importance. The Convention is somehow a compromise between the two legal systems and constitutes a very convenient way to bring trust into the civil law states’ legal systems. It appears that the research of main trust characteristics might be relevant for our country as well, because sooner or later Russian legislator must decide whether to permit the trust in the domestic legislation.

Keywords: trust, Hague Convention, applicable law, recognition, common law, roman system of law, Russian Federation.

DOI: 10.12737/21838

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ECONOMIC AND LEGAL ASPECTS OF THE LEGAL LIABILITY FOR VIOLATION OF THE RULES OF COMPETITION IN FRANCE  Pdf 16

O. A. TERNOVAYA

leading research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
Е-mail: ternovaya16@yandex.ru

The article deals with the economic and legal aspects of the legal liability for the violation of the competition rules in the doctrine and the French legislation. Particular attention is paid to the economic aspects of the legal regulation of competitive relations and the practical application of the techniques of economic analysis by the French courts in disputes related to economic supervision. The role of the Competition Council in making decisions about the presence or absence of positive economic impacts of the transaction is noted. The question of delimitation of antitrust regulation by the norms of the French Commercial Code and acts of unfair competition by the rules of the French Civil Code is researched. The formed approaches to the definition of acts of unfair competition in the doctrine are analyzed. The attention is paid to the possibility of criminal liability of legal persons for violation of the rules of competition in accordance with French law.

Keywords: competition law, method of economic analysis, competition, antitrust relations, unfair competition, French Competition Council, criminal liability of legal persons.

DOI: 10.12737/22193

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ISSUES OF STATE IMMUNITY IN LEGISLATIVE AND JUDICIAL PRACTICE OF THE USA  Pdf 16

S. V. BORODKIN

postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: borodkin.stas@gmail.com

Protection of foreign investment is the basis of modern international investment relations. At the level of state acts such protection primarily means the adoption of investment legislation, which is a manifestation of a state sovereignty and the related with it immunity from actions of other states. In the USA the Foreign Sovereign Immunities Act was adopted in 1976. The law solves main legal problems: gives the definition of the term “foreign country”, establishes cases of the immunity and refusal to grant it, the procedural aspects of the proceedings on granting immunity. The complexity of the application of law leads to attempts to change it and to prohibit similar legal doctrines. Act as an expression of a unilateral will of the State may not always resolve the issues related to international cooperation. For regulation of state immunity was developed and opened for signature the UN Convention, which may become a fundamental international instrument in the field of State immunity.

Keywords: state immunity, Foreign Sovereign Immunities Act, foreign investments, litigation, United Nations Convention on Jurisdictional Immunities of States and Their Property.

DOI: 10.12737/21840

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LEGAL REGULATION OF MARRIAGE IN FACT IN RUSSIA AND THE USA  Pdf 16

A. S. NAZAROVA

postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: Ann-pankratova@yandex.ru

This article is devoted to the analysis of legal regulation of marriage in fact in the Russian Federation and the United States. The purpose of this work is due to an increase in the number of marriage in fact and as a consequence the need for legal regulation of these relations. For a comprehensive study the author uses comparative legal method that takes into account the experience of not only Russia, but also foreign states. The author examines the legal regulation of marriage in fact in Russia and the United States; defines the legal norms, which is applied for the regulation of relations between the actual spouses, current Russian legislation and the legislation of the states of the USA. In the issue the researcher comes to the conclusion that neither in Russia, nor in the US states in the regulation of marriage in fact, special marriage and family provisions are not applied. At the same time the factual spouses are under legal protection. In Russia, the legal regulation of the relations developing between the actual spouses, no different from the regulation of corresponding relations of other persons. In some US states the actual spouses have special rights and duties, the scope of which is substantially less than the amount of the rights and duties of legal spouses.

Keywords: marriage in fact, actual spouses, children of unwed parents, child’s parents, property rights, implied agreement, marriage under common law, inheritance rights, legal regulation, alimentary relations.

DOI: 10.12737/21841

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THE DOCTRINE OF PRIVATE INTERNATIONAL LAW: THE BELGIAN REALISM THEORY OF XVI CENTURY  Pdf 16

I. V. GETMAN-PAVLOVA

associate professor of the department of public and private international law of the National Research University “Higher School of Economics”, candidate of legal sciences
20, Myasnitskaya st., Moscow, Russia, 101000
E-mail: getmanpav@mail.ru

The object of the present article is an attempt to restore the names of representatives of the XVI century Belgian School of Realism, who have been “unjustly forgotten” in modern Private International Law doctrine — Nicolas Everhard, Pieter Peck and Johannes a Sande. These scholars are the founders of the Belgian Realism theory of conflicts-of-laws which anticipated the classic Dutch “comity” doctrine and provided the framework for the Anglo-American doctrine of the regulation of international civil relations. The theory of Belgian realism was first outlined by Everhard, Peck and Sande and was formed on the theory of statutes — the only doctrine of Private International Law during 500 years. Belgian Realism is a stand-alone direction of the theory of statutes which triggered the process of a strongly territorial concept of conflict resolution between choice-of-law rules of different states. However, despite their outstanding contribution to the legal practice and doctrine of their time, aforementioned scholars are unknown in modern jurisprudence. The article concludes that Everhard, Peck and Sande developed the choice-of-law rules which are now adopted by modern legislation; moreover, their researches may serve to development of international comity doctrine, which has been adopted by modern Private International Law.

Keywords: private International Law, doctrine, theory of statutes, XVI century, Nicolas Everhard, Pieter Peck, Johannes a Sande, Belgian Realism theory, Netherlands, Flanders, Belgium, connecting factors.

DOI: 10.12737/21842

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PROTECTION OF VICTIMS OF TRAFFICKING IN HUMAN BEINGS IN INTERNATIONAL LAW AND FOREIGN STATES  Pdf 16

O. I. SAKAEVA

research fellow of the department of foreign constitutional, administrative, criminal legislation and international law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: mp5@izak.ru

The article deals with the tendency of establishment of human-rights-based gender-specific and child-centred approach to the preventing and combating trafficking in human beings. Comparative analysis of the norms of universal and regional international acts in the field of the combating trafficking in human beings shows that norms on the victims’ protection are primarily dispositive and the features of their implementation are left to national legislators. The role of the national referral mechanisms is emphasized because these mechanisms help to prevent illegal immigrants from posing as trafficking victims. The author hopes that humanizing tendency of contemporary international law on the whole and human-rights-based approach to the combating trafficking in human beings as its part will be growing; and holistic approach will be implemented by all countries in order to make the fight against human trafficking effective.

Keywords: protection of victims of trafficking in human beings, National Referral Mechanism, human-rights-based approach.

DOI: 10.12737/21866

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DEROGATION OF HUMAN RIGHTS DURING STATES OF EMERGENCY (COMPARATIVE ANALYSIS OF CASE LAW OF INTERNATIONAL BODIES FOR THE PROTECTION OF HUMAN RIGHTS)  Pdf 16

O. P. KISELEVA

student of the National Research University “Higher School of Economics”
20, Myasnitskaya st., Moscow, Russia, 101000
E-mail: hse@hse.ru

In case of emergency state authorities are more inclined to abuse their powers and authority, so the international community created a complex system of application for derogation, which has its own features in every international treaty for the protection of human rights. Moreover, there are only general expressions in the texts of international treaties, while the necessary interpretation of legal derogation from the obligations is contained in the acts of international human rights bodies (in judicial decisions, as well as interpretations, such as the General Comment of the United Nations Human Rights Committee). This article analyses different approaches of the international bodies to the regulation of derogation of human rights during states of emergency.

Keywords: international human rights law, derogation, protection of human rights, state of emergency.

DOI: 10.12737/21867

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LAW AND LEGAL NIHILISM (in English)  Pdf 16

Ole HASSELBALCH

doctor of law at the Aarhus University (Denmark), professor
Nordre Ringgade 1, 8000 Aarhus C
E-mail: ole.hasselbalch@mail.dk

The article is devoted to consideration of issues of legal nihilism in modern society. The author highlights the main causes and conditions contributing to emergence of legal nihilism. Among them: disappointment with the way in which the formal rules work or the way in which they are administered; the fact that on the economic level it is more profitable not to accept them, or unwillingness to let humans make law since law is given by God, Allah or another divine being. Based on the analysis of the current state of legal regulation in Denmark, the author outlines current factors influencing the development of legal nihilism in the country. The author refers to them the following. Firstly, decisions made by Parliament are no longer regarded as trustworthy as before because it is no long in the same direct contact with the voters as before where they had to argue their cases directly face to face in the assembly houses. Secondly, most Danish legislation today is not a consequence of discussions in the Danish Parliament but an implementation of EU-legislation. Thirdly, professional lobbyism has become a major factor in influencing politicians, the consequence being that the interests of the lobbyist. Fourthly, judges are not trusted to the same degree as before. On the author’s opinion, the optimal way to overcome legal nihilism is returning elements of direct participation of people in decision-making process.

Keywords: legal nihilism, legislative process, Parliament, lobbying, judicial system, European Union, direct democracy.

DOI: 10.12737/21868

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COMPARATIVE ANALYSIS OF LATENT CRIME IN RUSSIA AND FOREIGN COUNTRIES: CHALLENGES AND PROSPECTS  Pdf 16

V. E. KVASHIS

chief research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor, honored scientist of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: kvashis@mail.ru

The article considers the problems of Russian and foreign practice of crime registration, its nature, situation with the latent crime and the methodology of the latency calculation. Latency study is one of the areas of crime analysis, with the ultimate goal of improving the law enforcement practice. The comparative nature of this analysis enriches the content of scientific knowledge about these processes and its practical significance. Thus, it is forced to consider that the comparison of statistics of different countries is related to certain limitations, because different legal systems have different understanding of a number of crimes; in addition the specificity of the crime metering in the national statistics has some effects (hence the range of indicators and their comparability). Official data largely do not coincide with the actual crime. There is a significant layer of latency between them. It is hidden and concealed crimes which can not be metered properly. Its magnitude is influenced by many factors, without which it is impossible to give a reasonable assessment and forecast of the situation. In most developed countries the overall level of latency is much lower than in Russia; if it grows it is mainly due to the growth of the «natural» latency, when the population report to the police only about serious crimes. The data on latency in the UK, USA and Japan confirms it. In Russia, a higher latency is mainly related to a significant block of crimes covered up from the metering. So the real crimes are much more than registered crimes. As a result, we have unreal pattern, we have a construction created by the practice of registration and official statistics. The source of this vicious practice can be found in inappropriate criteria of efficiency of activity of internal affairs bodies.

Keywords: latent, law enforcement, murder, theft, crime, victimization.

DOI: 10.12737/21869

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CONSIDERATION OF A CASE IN THE MERITS IN CRIMINAL PROCEDURE OF SWISS CONFEDERATION (part 1)  Pdf 16

A. A. TREFILOV

senior research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: trefilovaa1989@gmail.com

In the present article which is made of two parts the author analyses consideration of a case in the merits in Swiss criminal procedure, taking into account revised Criminal Procedural Code of Switzerland of 2007. The author researches the stage of preliminary proceedings, the composition of court of first instance, the limits of the case, the refusal of the prosecutor of charge, oath procedures, the structural elements of the merits, the court’s role at this stage of the process, features of sentence as a judicial act and regulation of legal costs. The author draws attention to the fact that in this legal order the court is active and has a wide discretion in matters of evidence and the conduct of investigations. This approach is stipulated by the principle of objective truth which is the basis of the Swiss criminal procedure and directly established in Art. 6 of the Swiss Criminal Procedure Code. These issues are reviewed in a comparative manner, which includes Russian justice as well. The author offers specific recommendations for improvement of the Russian Criminal Procedure Code.

Keywords: Criminal Procedure Code, preliminary proceedings, case on the merits, sentence, legal costs.

DOI: 10.12737/21870

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RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS  Pdf 16

V. N. NEKRASOV

head of the department of Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia, candidate of legal sciences
16a, Severnaya st., Vologda, Russia, 160000
E-mail: vnnekrasow@mail.ru

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the
crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

Keywords: inchoate crime, differentiation of responsibility, criminal law, Republic of Belarus.

DOI: 10.12737/21871

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ANTI-CORRUPTION STRATEGY: THE EXPERIENCE OF THE RUSSIAN FEDERATION AND THE PEOPLE’S REPUBLIC OF CHINA  Pdf 16

V. V. SEVALNEV

senior research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: sevalnev77@gmail.com

The article deals with the strategy of anti-corruption on the example of Russian Federation and the People’s Republic of China. The author conducts a comparative analysis of the strategies developed in Russia and China, considering the appropriate anticorruption practices. The author concludes that the anti-corruption strategies in these countries have some common approaches, but there are significant differences in applying approaches, for example, there are great opportunities for incorporation of information and telecommunication technologies in the law enforcement practice of the Russian Federation, taking into account the positive experience of the People’s Republic of China. Also the experience of China is very interesting in the discourse of the rule of law, inevitability of punishment and the absence of selective justice against corrupt officials. In turn, for the Chinese experts can be interesting the experience of the institutionalization of anti-corruption efforts, which is reflected in anti-corruption plans, which are developing and adopting twice a year in a legal space of the Russian Federation.

Keywords: anti-corruption, anti-corruption strategy, anti-corruption legislation, regulation, information portal, China.

DOI: 10.12737/21872

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CHARACTERISTICS OF REVISION OF SENTENCES IN CRIMINAL PROCEEDINGS OF FOREIGN COUNTRIES  Pdf 16

S. A. ZAKARYAN

postgraduate student of the department of criminal law, procedure and judicial of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: 3263954@mail.ru

In this article the author examines the system of judicial stages on the revision of sentences in criminal proceedings of foreign countries, for example France, Germany, Belarus and Kazakhstan. The author analyzes the norms of criminal procedure legislation of these countries which are regulating the grievance procedure, the procedure, grounds and forms of review of sentences that entered and not entered into force in courts of the different levels of the judicial system of these countries. The author draws attention to the organization of the system of judicial stages which review the judicial decisions in criminal proceedings in the above mentioned countries, which consists of 3 instances, mutually explanatory of each other by forms, procedure, the object and limit of the criminal proceedings, the grounds for cancellation or changing of judicial decisions. The author notes that in the system of courts of the countries under consideration only once was reviewed the judicial decision entered into legal force. The author identifies a number of characteristics of the organization and activities of judicial stages to review verdict in the above mentioned countries, which may be of interest for the further reform of domestic legislation governing the organization and activity of control procedures in criminal proceedings.

Keywords: criminal justice, revision of verdicts, cassation proceedings, court of cassation, appeal form, appeal procedure, extraordinary forms of appeal.

DOI: 10.12737/21873

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LEGAL REGULATION OF IMPACT ENVIRONMENTAL ASSESSMENT IN RUSSIA AND ABROAD  Pdf 16

N. V. KICHIGIN

leading research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: ecology3@izak.ru

The article compares the legal regulation and the law enforcement practice relating to the conduct of environmental assessment in the Russian Federation, procedures for environmental assessment, which is applicable abroad (USA, EU, China). Through the use of historical, comparative legal methods of research concludes that the national system of environmental assessment in the Russian Federation, including the assessment of impact of perspective economic and other activities on environment and ecological examination, is not an effective one and does not meet international standards of environmental assessment. The article analyzes the reasons for the ineffectiveness of environmental assessment in the Russian Federation, identifies the main differences of the Russian model of environmental assessment from their foreign counterparts. The main differences between Russian and foreign models are as follows: stages of the environmental assessment process (no stages of screening and scoping), conduct environmental assessment at the earliest stage of economic activity and at the stage of preparation of project documentation, the lack of methodology for the environmental assessment process, the lack of differentiation of environmental assessment on the individual direction of research, etc. These differences lead to the imperfection and ineffectiveness of environmental assessment in the Russian Federation and need to be addressed. The results can be used in legislative activities in the preparation of draft normative legal acts in the educational activity.

Keywords: EIA, environmental assessment, environmental protection, environmental assessment, public hearings, public participation.

DOI: 10.12737/21874

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THE BRAZILIAN FOREST CODE OF 2012: HISTORICAL AND LEGAL ANALYSIS AND CURRENT STATUS  Pdf 16

E. S. POPOVA, N. A. RUDNEV

E. S. POPOVA, associate professor of the State University of Land Use Planning, candidate of legal sciences
15, Kazakov st., Moscow, Russia, 105064
E-mail: elena0311@mail.ru

N. A. RUDNEV, postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: vip.nikita-rudnev@inbox.ru

The article is devoted to historical and legal analysis and current status of forest legislation in Brazil. The article presents a brief historical overview of forest legislation in Brazil and a detailed description of the new Forest code of 2012, as a legislative act, the adoption of which is due to the deteriorating environmental situation and the necessity of its overcoming. The article describes the circumstances under which this legislation was adopt and concludes with a content analysis of the Forest code, in particular, its main principles such as the commitment of Brazil to protect its forests and other forms of natural vegetation, biodiversity, soils, water resources and the integrity of the climate system; shared responsibility of State, Federal districts and municipalities in cooperation with civil society for policy on conservation and restoration of natural vegetation and its ecological and social functions; creation and mobilization of economic incentives to encourage the preservation and restoration of natural vegetation and sustainable development of productive activities. In addition, the article reveals the purpose of the adoption of the Forest code. It is an establishment of basic rules for preservation in the sphere of forest management. The article also gives the basic terminology of the code. In the end, the authors come to the conclusion that the new code has politically compromise character and its partial conformity with the objectives pursued in its adoption.

Keywords: deforestation, environmental legislation, forest offences, forest protection, environment, forestry, deforestation, codification, sustainable development.

DOI: 10.12737/21875

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SOME ASPECTS OF FOREST RELATIONS LEGAL REGULATION IN RUSSIA AND KAZAKHSTAN: COMPARATIVE LEGAL ANALYSIS  Pdf 16

E. N. ABANINA

associate professor of the department of environmental and land law of the Saratov State Law Academy, candidate of legal sciences, associate professor
104, Chernyshevskiy st., Saratov, Russia, 410056
E-mail: elena-abanina@yandex.ru

The article analyses certain issues of forest law regulated by the norms of the Forest Code of the Russian Federation and the Forest Code of the Republic of Kazakhstan (examined the terminological apparatus of laws; questions on ownership of the forest lands of the forest fund, reforestation and afforestation). The study shows an alternative approach to the possibility of establishing private ownership of forest areas without the transfer of forest lands into private hands and without reduction of the area of lands of forest fund in the Republic of Kazakhstan. The article analyses the peculiarities of criminal responsibility for illegal cuttings of forest stands (trees, shrubs). Examine the differences in the regulation of compensation for harm caused to forests as a result of violation of forest legislation (for charging and economic methods for calculating damage). Overall, the article notes the defaults and emphasizes the good provisions of the laws of both countries in order to harmonize natural resources legislation within the Eurasian space.

Keywords: forest, forestry legislation, Forest Code, reforestation, afforestation, forest lands.

DOI: 10.12737/21876

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