Articles

This article dedicates a series of works on the formation and evolution of sovereign immunity in law and practice of the United Kingdom during the period from the XIX to the beginning of the XXI century. The article includes report on the practical implementation of the concept of sovereignty, questions of fact and law, which were the subject of consideration in English courts in case The Parlement Belge (1878–1880), the final decision on which formed a constant precedent for the next eighty years.

The role of legal reference systems in the legislation changes systematization in recent decades is studied. Various possibilities of working with legislation news in the modern legal reference systems are considered. Conclusions are made about main directions of systematization of legislation changes for use in law enforcement practice and strategic planning of legislation modernization.

The article gives insight on how the Internet get the principal working tool in both designation under sanction program and administration of US sanctions regimes. At the same time, the article contains conclusions on what Russian legal entities and individuals, who do not want to be designated, should take into account.

The article is devoted to the peculiarities of the legal assessment of the death of a patient as a result of poorly provided medical services under art. 238 of the Criminal Code of the Russian Federation and the delineation of this crime from Part 2 of Art. 109 of the Criminal Code.

The author of the article considers the objective nature of the phenomenon of the legal uncertainty and its replenishment by giving discretionary powers of the authorities and investigates the defects in the regulatory consolidation of discretion, which is a consequence of the underdeveloped or erroneous constitutional theory or intentional violations of the prohibitions and restrictions to achieve political, personal, or other purposes. Explores legal and objective limits of the discretion and the types of defects the implementation of the discretion associated with their violation.

Despite of existence of a sufficient set of environmental requirements in the legislation of the Russian Federation in the area of industrial safety, the accident level in general remains very high. The article analyzes the reasons for this situation and makes recommendations. In particular, these are incompleteness of information about environmental incidents, emergency situations, imperfection of technical norms, “non-ecologization” of legislation of industrial safety, confusion of legal regimes of environmental safety and of normal routine operation, and, as the most significant reason — the need to harmonize domestic legislation and law enforcement with the best foreign risk management practices.

The article considers the legal form of production cooperative widely used at the end of the last century and now are no longer in force. According to authors the legal status of cooperative’s member is much worse than the legal status of member of economic society and the reason of it is the form of cooperative organization.

This publication provides a conceptual and theoretical analysis of the provisions of the Constitution of the Russian Federation on generally recognized principles and norms of international law (para 4 of art. 15), discusses the content of the term-the concept of “peremptory norm of international law” (jus cogens) and its relationship with obligations erga omnes, as well as the basis (main sources) of such norms and principles. The article provides a list and a brief justification of about 20 generally recognized principles and norms of modern international law and their hierarchical position in the system of Russian law.

In the article, as a criterion for the applicability or inapplicability of the method of economic analysis of law to certain institutions, legal interest is proposed. It is shown that an economic analysis of law can be applied to institutions based on the priority of private interest, and to institutions based on the primacy of public interest, this method should be used with great care. The example of specific legal institutions illustrates the difference in the approaches of the continental European legal system, based on the principle of justice, and the approaches of the Anglo-American family based on the principle of economic efficiency. On the basis of the method of economic analysis of law, an assessment is given of possible ways to improve the institution of state duty.