Articles

Constitutional Court of the Russian Federation is not endowed with special powers for judicial review over the reform of the Russian Constitution, but in practice it expressed a number of positions on the fundamental impossibility of exercising review in some cases, as well as the possibilities and limits of review in others. The article analyzes the practice of the Constitutional Court and makes suggestions for endowing the Constitutional Court with this authority.

The article discusses current legal issues related to transfer of persons suffering from mental disorders for compulsory treatment, analyzes current legal norms of post-Soviet countries on this issue, in particular norms of international treaties and norms of the CPC. It is noted that transfer of persons suffering from mental disorders to conduct compulsory treatment is one of the new areas of international cooperation in the field of criminal procedure. In post-Soviet countries, there are many problems — from regulation of these issues in national legislation to the implementation of standards in this direction. On the basis of comparative legal analysis of legislation in post-Soviet space and scientific doctrine on this issue, the concept of transfer of persons suffering from mental disorders is given.

The article discusses trends in the improvement of criminal legislation, providing for responsibility for transport and related crimes. It noted a pronounced dynamics, which adversely affects the stability of the legislation, and also gives rise to problems of qualification and law enforcement. Approaches and solutions to these problems are proposed in order to reduce the marked dynamics, given the potential legal techniques and the principles of the codification of legislation.

The article is devoted to the problems of assessing the limits of action of intersectoral prejudice in qualifying crimes in Russia and Germany. The authors analyze the legal positions of the Constitutional Court of the Russian Federation on this issue and come to the conclusion that, due to the substantial difference in the goals and objectives of criminal and civil processes, intersectoral prejudice in qualifying crimes must be refutable.

The article is devoted to the participation of religious organizations in trade activities. The features of the analyzed subject are described. The article emphasizes the complexity and ambiguity of the activities of religious organizations in the commodity market, the concept of internal regulations of religious organizations is considered. The necessity of considering religious organizations as special subjects of trade relations is substantiated.

This article is devoted to the analysis of the theory of the German scholar Friedrich Carl von Savigny on the use of the place of contractual performance as a connecting factor for the purposes of determining applicable law, as well as a criterion determining international jurisdiction in the domain of contractual matters. Savigny’s theory influenced dramatically private international law and international civil procedure of continental Europe. Accordingly, analysis of this theory allows to understand the logic of solutions developed in the European private international law and the law of international civil procedure for contractual matters.

This publication provides a number of discussion issues on the practice-oriented teaching methods at the Faculty of Law. The article discusses the goals and objectives of practice-oriented learning, the transformation of the professor’s role in the educational process, motivation of modern law students, modification of the structure of classroom activities and homework assignments, assessment of practical skills of students. Special attention in light of practical oriented teaching devotes to the specific of attracting practicing lawyers as teachers.

This article makes a hypothesis about the possibility of stimulating the development of constitutional and legal institutions through the anti-corruption mechanisms that are developing in Russia today. The question posed in this way is in many respects innovative for the domestic legal debate and is only beginning to gain influence. Although for a broader sociological view, especially in Western literature, this formulation of the question has become quite traditional. The material provides illustrations of a number of forms in which constitutional law is enriched with new anti-corruption senses, ensuring its qualitative development.

The article continues the legal analysis of defences excluding criminal responsibility under the Indian Penal Code of 1860. From a formally dogmatic point of view, the authors assess the respective dispositions of statutory norms and precedents for the interpretation of a small group of excuse defences such exclusionary circumstances as slight harm, consent of the victim, private defense.

The article deals with the Christian doctrine of international law in the Russian jurisprudence of the XIX — early XX centuries, formulated in the works of L. A. Kamarovsky. The Christian worldview has allowed the Russian jurist to see in the international law the features expressing the main regularities of this one of the most grandiose phenomena in life of human society, making that it is possible to call ideology of the international law.