Question at hand
Reference:
Kolobov R.Y., Ditsevich Y.B., Ganeva E.O., Shornikov D.V.
Problems of preserving the international legal status of Lake Baikal in the light of the analysis of the practice of excluding objects from the World Heritage List (Part 1)
// Law and Politics.
2022. ¹ 6.
P. 1-10.
DOI: 10.7256/2454-0706.2022.6.38174 URL: https://en.nbpublish.com/library_read_article.php?id=38174
Abstract:
This research is the first part of the article, in which, based on the analysis of historical precedents, a study of the procedure for excluding UNESCO World Heritage sites from the corresponding World Heritage List is conducted. The authors highlight common problems in the protection of World Heritage sites, the interpolation of which in relation to such a World Natural heritage site as Lake Baikal creates prospects for preventing the occurrence of the most negative consequences. A detailed analysis of the difficulties in the conservation of World Heritage sites, which lead to the exclusion of objects from the World Heritage List, based on world experience, is proposed. In the work, one of the problems of preserving World Heritage sites, which served, in particular, as the main reason for the exclusion from the List of such an object as the Arabian Antelope Reserve, is called insufficient certainty, as well as insufficient clarity in establishing the boundaries of World Heritage sites. The authors substantiate this thesis and draw a conclusion about the importance of strict compliance by the participating countries with the norms formed in the main relevant international documents. In addition, it is noted that the exclusion of an object from the UNESCO World Heritage List may lead to the appearance of non-compliance of the object with the criteria of outstanding universal value.
Keywords:
world heritage, arabian antelope reserve, environmental crime, environmental offenses, world heritage site, biological diversity, environmental protection, outstanding universal value, World Heritage List, UNESCO World Heritage Site
JUDICIAL POWER
Reference:
Kripinevich S.S.
Signs of individual judicial regulation in criminal proceedings and its definition
// Law and Politics.
2022. ¹ 6.
P. 11-20.
DOI: 10.7256/2454-0706.2022.6.38243 URL: https://en.nbpublish.com/library_read_article.php?id=38243
Abstract:
Criminal proceedings are the sphere of mandatory regulation. However, its development and modern achievements of the entire legal science as a whole make it possible to make relevant clarifications to its content (legislation and activities). The purpose of the work is to identify the most significant features of individual judicial regulation in the field of criminal proceedings and offer them to the general scientific community for discussion. The main subject of this study was the theoretical concept of "individual judicial regulation" and its features in criminal proceedings. In criminal proceedings to date, such studies have been fragmentary, whereas in the theory of law, civil sciences, this area is represented by large-scale and fundamental works. It seems that the scale of the research and its long history should be realized not only in civil proceedings, civil and administrative law, but also in criminal proceedings. One of the first in this series should be the definition of the concept of "individual judicial regulation in criminal proceedings". In the course of the research, traditional scientific methodology was used: including general scientific methods (dialectics, analysis, synthesis, generalization, etc.), as well as private scientific methods - comparative legal and formal legal. The applied methods of scientific research allowed us to gain new knowledge concerning the essential features of individual judicial regulation and their use in defining this concept. The result was the author's definition of individual judicial regulation in criminal proceedings. The application of the results is possible in the field of ongoing scientific research, in terms of improving criminal procedure legislation and the practice of its application. The main conclusion of the author is the need to introduce the concept of individual judicial regulation into criminal proceedings at the level of its theoretical provisions and into the legislative framework.
Keywords:
participants in criminal proceedings, legal regulation, legal relations, criminal proceedings, the main signs, the concept, individual judicial regulation, judicial power, court decisions, procedural form
XXI century International law
Reference:
Kove O.
International legal regulation of countering maritime piracy
// Law and Politics.
2022. ¹ 6.
P. 21-32.
DOI: 10.7256/2454-0706.2022.6.38272 URL: https://en.nbpublish.com/library_read_article.php?id=38272
Abstract:
The relevance of the study is due to the need to actively combat piracy at sea. The purpose of the scientific article is to analyze the international legal regulation of countering maritime piracy. The article examines the historical prerequisites for the formation of international legal acts, examines current international legal acts related to the issue of regulation of countering maritime piracy. The author also analyzes regional agreements that coordinate the actions of states in the field of countering maritime piracy. The object of the study is interstate relations in the field of international legal regulation of countering maritime piracy. The subject of the study is international legal acts of a universal and regional nature aimed at countering maritime piracy. The methodological foundations of the research include such general scientific methods of cognition as abstraction, analysis, generalization, as well as private scientific research methods, including: formal legal, comparative legal, historical legal, as well as the method of interpretation of legal norms. The normative and legal basis of the study is international legal acts adopted under the auspices of the UN and IMO, including resolutions of the UN General Assembly, as well as the IMO Assembly related to countering maritime piracy. The novelty of the research lies in the conclusions made by the author in the work. As a result of the conducted research, the author argues for the need to adopt a specialized international legal act. This document should reflect a unified approach in understanding the term "piracy", while regulating in detail the mechanisms that can be used by the State to combat it, as well as to a greater extent coordinate the actions of States. The article also notes the need to form regional judicial bodies, determine the order of their formation and activities by analyzing the regional level of countering piracy. The powers of these judicial bodies will include the consideration and resolution of cases related to maritime piracy.
Keywords:
regional level, universal level, international agreement, convention, safety of navigation, countering piracy, pirate ship, maritime navigation, maritime law, piracy
Practical law manual
Reference:
Bormotova L., Tarnavskii O.A.
Legal positions of the European Court of Human Rights on the right to a reasonable period of criminal proceedings and their application in Russian law
// Law and Politics.
2022. ¹ 6.
P. 33-44.
DOI: 10.7256/2454-0706.2022.6.38031 EDN: AJDEHX URL: https://en.nbpublish.com/library_read_article.php?id=38031
Abstract:
The subject of the study within the framework of the designated topic is the judicial decisions of Russian and foreign law enforcement officers in order to determine the correctness of understanding the essential content of the provisions on the reasonableness of the duration of the criminal proceedings. The statistical data of appeals to the European Court of Human Rights in the period from 1959 to 2020 by Russian citizens is analyzed. The peak period was 2013, when two complaints about the length of the trial in a criminal case in Russia really found their confirmation. At the same time, Russian courts annually consider about 100 complaints about "procrastination" or "red tape". Such complaints and relevant decisions have become the subject of this article. The authors came to the conclusion that out of a significant number of applicants' complaints about the violation of international rules on the reasonableness of the terms of the criminal process, only a few were real. This, on the one hand, indicates the absence in Russian judicial practice of a clear understanding of the consistency of the provisions of article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms. On the other hand, it allows us to draw a conclusion about the independent position of the Russian courts when considering criminal cases on the merits and the impossibility of imposing European standards for the application of Russian law. At the same time, the authors have identified the main elements of the realization of the right to a reasonable period of criminal proceedings based on the analysis of the decisions of the European Court of Human Rights recognized by Russia, which can contribute to the optimization of Russian judicial practice and serve as a promise for improving legislative techniques in the field of criminal jurisdiction.
Keywords:
compensation for harm, European Court of Justice, specifics of criminal procedure legislation, Convention, fair judicial decision, the appropriate period of time, independence of the court, duration of the trial, a reasonable time, criminal proceedings
Human and state
Reference:
Mazein A.V.
Prospects for consolidation of civil and expert participation in the legislative process at the regional level
// Law and Politics.
2022. ¹ 6.
P. 45-72.
DOI: 10.7256/2454-0706.2022.6.38049 EDN: DNASOA URL: https://en.nbpublish.com/library_read_article.php?id=38049
Abstract:
In this article, the author analyzes the variety of lists of subjects of the right of legislative initiative in the Russian regions. The author conducts an analysis of the constitutions (charters) of all regions of the Russian Federation, uses formal legal and comparative methods. According to the results of the study, the author notes that at the regional level, the right of legislative initiative is granted to 46 categories of subjects, which are classified into 4 groups: 1) state authorities and officials; 2) local self-government bodies and their associations; 3) judicial authorities and prosecutor's offices; 4) citizens and public associations. The latter group reflects representatives of the civil and expert community and includes 13 categories of subjects. Based on the results of the analysis of scientific works, generalization of the emerging legal practice, the author proposed the concepts of "civil participation in the law-making (legislative) process" and "expert participation in the law-making (legislative) process". Summarizing the Russian and foreign experience of civil and expert participation in the legislative process, the author confirms that citizens easily support ideas for changing legislation (vote for them), but at the same time have difficulties in converting such ideas into draft laws. With this in mind, in order to increase the professionalism of the preparation of the bill and the openness of its discussion, the author proposed a two-stage model of civil and expert participation in the legislative process, which involves: 1) at the first stage, the development, taking into account the real needs of the draft law, carried out on the principle of professionalism, by representatives of the expert community and (or) public associations; 2) at the second stage, a public discussion of the draft law developed in order to obtain the support of citizens. The author focuses on the need to implement a public discussion of the bill using digital technologies.
Keywords:
e-voting, openness, the principle of professionalism, expert participation, people's initiative, citizen participation, subjects of the Russian Federation, civil society, legislative bodies, legislative initiative