Human and environment
Reference:
Kolobov R.Y., Ditsevich Y.B.
The development of sustainable tourism in the Baikal Natural Reserve through application of the norms of international “soft” law
// Law and Politics.
2021. ¹ 11.
P. 1-16.
DOI: 10.7256/2454-0706.2021.11.36847 URL: https://en.nbpublish.com/library_read_article.php?id=36847
Abstract:
This article discusses the use of international experience for the purpose of improving the normative-organizational framework for regulation of tourism in the Central Ecological Zone of the Baikal Natural Reserve. Analysis is conducted on the Global Code of Ethics for Tourism, Framework Convention on Tourism Ethics, and interim results of the decade-long Framework Program for Sustainable Consumption and Production (with regards to sustainable tourism). The author discloses the basic content of the global initiative of reducing plastic consumption in tourism, as well as recommendations for the improvement of procurement activity in tourism sector. Special attention is given to the efforts on the advancement of sustainable tourism within the framework of the Convention on Biological Diversity. The article reviews the core principles concerning biodiversity and tourism development that ensure its sustainable character, and the main characteristics of the corresponding practical guides. Emphasis is also placed Guidance for tourism partnerships and concessions for protected areas and Akwé: Kon Guidelines, which are rarely mentioned in legal literature. Based on the analysis of positive normative and organizational solutions, the conclusion is formulated on the importance of these documents for the development of tourism in the Central Ecological Zone of the Baikal Natural Reserve. The author underline the importance of general-political recognition of the value of tourism (including the listed protected natural territories) and the reflection of this approach in the reputable international documents. An opinion is put forward on the importance of accurate determination of the current recreational load on the Lake Baikal and its adjacent territories, as well as calculation (based on the in-depth scientific research) of the maximum permissible level of recreational load, the excess of which threatens the conservation of the Baikal ecosystem.
Keywords:
recreational load, environmental violations, planned activities, Lake Baikal, world heritage, regulation of tourism activities, Baikal Natural Territory, environmental protection, tourism, threat to ecosystem conservation
Transformation of legal and political systems
Reference:
Makarov V.O.
The impact of distancing upon the organizational-legal means of the Russian judicial system
// Law and Politics.
2021. ¹ 11.
P. 17-25.
DOI: 10.7256/2454-0706.2021.11.37051 URL: https://en.nbpublish.com/library_read_article.php?id=37051
Abstract:
This article examines the impact of the need for maintaining physical and social distancing between people caused by the epidemiological situation upon the organizational-legal means of the Russian judicial system. This implies the concept of “smart” regulation with the use of both traditional means of legal regulation (prohibitions, permits, obligations, sanctions, incentives) and tools of psychological, educational, and information influence. At the same time, distancing is viewed as a factor that prompts changes in the forms of legal activity, as well as the result of transformations taking place in society. Such organizational-legal means affected by the need for physical and social distancing, suggest using video conferencing systems, online sessions, change in the procedure for submitting procedural and other documents, familiarization with audio protocols of court hearing and other documents in digital format, as well as restrictions for presence in the courthouse. The author determines the advantages and disadvantages of the innovations. The conclusion is made that such restrictions must be temporary only to avoid violating the principles of transparency and openness of judicial proceedings.
Keywords:
legal procedure, transformation of law, COVID-19, information and communication technologies, Internet, distancing, legal activity, digitalization, smart regulation, organizational and legal means
XXI century International law
Reference:
Maslova S.V.
Vector of development of international legal regulation in the sphere of public-private partnership
// Law and Politics.
2021. ¹ 11.
P. 26-32.
DOI: 10.7256/2454-0706.2021.11.37042 URL: https://en.nbpublish.com/library_read_article.php?id=37042
Abstract:
The subject of this research is the prospects for the development of international legal regulation of public-private partnership. The question is raised on the diminishing role of the state in regulation of international and transboundary relations in the sphere of public-private partnership. The author indicates a quite noticeable replacement of traditional regulatory processes, the key role in which is played by the states, with informal processes of international rule-making, in which the lead is taken by non-state actors. It is substantiated that the absence of international convention on public-private partnership negatively affects the regulation of relations in the sphere of public-private partnership. Leaning on the domestic and foreign scientific literature, the author outlines the vector of development of international law in the sphere of public-private partnership, as well as substantiates the need for adopting the international framework convention on public-private partnership. Analysis is conducted on the special forms of interaction between international law and national law in the sphere of public-private partnership, as well as on correlation between international law and non-legal regulators of public-private partnership. The article describes the key aspects of the content of the international framework convention on public-private partnership. The novelty of consists in establishment of the vector of development of international legal regulation of public-private partnership. Based on the “clash” of private law and public law approaches towards regulation of international investment relations, the author substantiates the comprehensive approach towards regulation of public-private partnership.
Keywords:
international economic law, international investment law, framework approach, multilateral approach, international convention, cross-border relations, public-private partnership, clash of paradigms, states, international organizations
Practical law manual
Reference:
Batchaeva A.A.
On legal succession in reconciliation of criminal cases of private prosecution
// Law and Politics.
2021. ¹ 11.
P. 33-42.
DOI: 10.7256/2454-0706.2021.11.36814 URL: https://en.nbpublish.com/library_read_article.php?id=36814
Abstract:
The subject of this research is the criminal prosecution of cases established by the Part 2 of the Article 20 of the Criminal Procedure Code of the Russian Federation, which is carried out in private capacity and significantly modifies the rights and responsibilities of the parties to criminal proceedings. Pursuant to the general rule, the state authorities and officials do not carry out private prosecution cases. In view of this, close attention is given the procedural activity of private prosecutor, who is vested the right in application of measures of state coercion, but entrusted with responsibility on formulating, proving, and pressing charges in court. Retrospective analysis of the Russian criminal procedure legislation reveals that modern legislation has no legal succession of the centuries-long experience of classifying a range of offences as cases of private prosecution. The author believes that the list of cases of private prosecution can be extended by taking into account the provisions of the Criminal Law and Practice Statute 1864, Regulations of Punishments Imposed by Justices of the Peace, which enables reconciliation of the parties and entails unconditional termination of proceedings in certain categories of minor offences. This would ensure the effective implementation of criminal proceedings, restoration of social and legal justice, and accessibility of justice to general public.
Keywords:
reconciliation, accused, private prosecutor, private prosecution cases, special production, participants in criminal proceedings, criminal process, interests of the victim, mediation, criminal action
Jurisprudence
Reference:
Nguyen T.H.
Types of easements and peculiarities of their implementation in the Russian and Vietnamese Law
// Law and Politics.
2021. ¹ 11.
P. 43-60.
DOI: 10.7256/2454-0706.2021.11.37024 URL: https://en.nbpublish.com/library_read_article.php?id=37024
Abstract:
The relevance of this article is substantiated by the absence of unified approach toward comprehension of the legal nature of public easement. Insufficient regulation of easement relations in civil legislation of the Russian Federation (easement is mentioned in just four articles of the Civil Code of the Russian Federation) entails the problems in law enforcement practice. One of such problems is the absence of universal classification of easements that would ensure unity of the mechanism for regulating easement relations, which affords grounds for amending the current Russian legislation. The attempt to systematize easements suggested by the real right reform is polemical and yet to be approved. The subject of this research on the basis of comparative legal analysis is the provisions of the types of easements and peculiarities of the implementation in the Russian and Vietnamese law. The novelty lies in carrying out a comprehensive comparative legal analysis of the types of easements in the Russian and Vietnamese law. The conclusion is made on the gap in the mechanism of regulation of easement relations in the Russian legislation. The need is substantiated for the systemic construction of easement norms in the Civil Code of the Russian Federation. The author makes recommendations for the improvement of the provisions on easement in the reform, and outlines the vector of development of this institution in the current legislation of Vietnam. The theoretical and practical value of this work gives an in-depth perspective on the civil law of the Russian Federation and Vietnam.
Keywords:
property rights, restriction of property rights, quasi-public easement, features of the implementation of the easement, characteristics of the easement, types of easements, public easement, easement, reform of the easement, improvement of the easement