Аннотация: Author in the article considers briefly the influence of international legal norms and international standards in the field of parliamentarism on the development of Russian legislation. Article emphasizes that Constitutional Court of Russian Federation while forming its legal positions is guiding by universally acknowledged principles and norms of international law and they shall be subject to application by the courts of common jurisdiction. The basis attention in this article author spares the role of parliaments, which in contemporary democracies continues to evolve as parliaments are faced with new challenges. How should parliaments react to the new forms of international organizations? Should they play a role in upholding judicial independence countries in the international field? How should they contribute to the protection of fundamental rights? The article aims to provide some answers to these questions, shows the parliaments role and attitude regarding the judiciary with a special focus on the independence of the judiciary in a comparative perspective. One of modern international tendency is forming international bodies with overnational functions. Author proposes for Russian Federation principles of enter to international organizations, having bodies with overnational functions, with purpose keeping status of sovereign state.

Аннотация: The article is devoted legal nihilism as one of vital issues. Presently, this phenomenon is prevailing in Russia and is referred to in a number of the most significant state reports as a factor jeopardizing national security and hampering democratic reforms in Russia. The article analyses the concept of legal nihilism, its essence and contents, expression forms and levels, social hazard. The paper sets forth various viewpoints taken by theoreticians in law, highlights its complexity and manysided nature. Among domestic researchers there is not a common approach to understanding of the legal nihilism phenomena. Some (N.I. Matuzov, V.A. Tumanov) refer to legal nihilism all factors characteristic of negative approach to law including factors related to crime and other violations of law. Others (P.P. Baranov, V.V. Russkikh) reckon in only those cases of conscious disregard of law requirements accompanied with a lack of illegal intents. As a result of the study, the author comes to a conclusion that legal nihilism is a negative perception to current law system, legislation, and law practice. This phenomenon is expressed in many various ways: from doctrinal, theoretic postulates to actual illegal actions. A feature characteristic of the phenomenon in question is an extent. That is, intensity, flatness and ultimate nature of this phenomena. By expressing qualitative, rather than quantitative, characteristics, the mentioned feature is objectively displayed via expression form of legal nihilism, thus enabling to judge about deformation limits of juridical conscience. Unfortunately, legal nihilism has acquired wide-spread nature, being present not only among population but among officials in governmental structures. Nowadays, nihilism, particularly in form of corruption, is a destructive phenomenon which harms both citizens and the state as a whole. The time urgently requires a deeper reasoning of causes of legal nihilism, the essence of this wide-spread phenomenon, development of nihilism control means and methods. One of the goals of our study was both to analyze theoretic perceptions of legal nihilism and highlight the significance of on-going studies of this phenomenon, and attract a wider attention of scientists. One is to intensify efforts aimed at development of ways to control and, not least, to prevent legal nihilism. This is a complex and many-sided problem and the increase of legal consciousness of the population, law culture level and hence construction of a rule-of-law state will depend on a positive and timely solution of the problem.

Аннотация: Administrative law is one of the most important branches of law in the Russian Federation. Rules of this branch govern the majority of legal public relations, developed equally in the sphere of system and structure of state bodies’ organization and in the sphere of their legal public activity. The subject of administrative law is public relations, which occur, are modified and ceased during realization of the executive power, public administration and other non-administrative by-laws regulatory authoritative power. Rules of administrative law are so numerous and the subject of their legal regulation is so broad that it is appeared crucial to state unique definitions – legal concepts, on which this branch of law theory is based. In administrative law theory the concept of public administration is most known as independent type of authoritative public activity, having organizational, executive-regulatory, by-laws nature, executed by special category of administrative law subjects – state bodies (and their officials) with regard to practical realization of tasks and state functions during day-to-day and direct regulation of economic, social, cultural political and administrative construction. Notwithstanding some difference in opinion, many scientists specialized in administrative law emphasize traditionally organizational, executive and regulatory nature of administrative public activity, focused on decision-making on main tasks and performance of main state functions. At the same time many authors adhere to an opinion in their publications with regard to different conceptual filling of term, speaking of public administration in broad and narrow sense. Such approach to determination of the general concept of public administration is supposed to be controversial. The definition of public administration is thought to be unique regardless of broadness (or narrowness) of sense. Some of the scientists specialized in administrative law make no distinction between public administration and realization of the executive power. This position is supposed to be controversial, since public administration as a type of by-laws, organizational, executive-regulatory and law-enforcement activity appears in every state body, including those which are not related to the executive branch. In this article the attempt was made with regard to content analysis of the concept “public administration” and delimitation of this legal concept from similar in substance, but not identical legal concepts – realization of the executive power and other by-laws authoritative power.

Аннотация: The term “criminal law impact” is relatively new for the Criminal law doctrine. It is fairly used in the special literature as the synonym of the legal definition for “measures of criminal law character.” Such approach can be explained by the content of our country’s Criminal and Correctional legislations standards regulating the problems of correctional, social, and educational influence on convicted persons. In this respect, the foreign experience of legal techniques is a good example. The extensiveness and limited gnoseological possibilities of the term “measures of criminal law character” caused the need of “enrichment” of the Criminal Law notions apparatus. The deficiency of this term is that it doesn’t reflect the integrity of the defined notion. As a consequence, the stable tendency of studying such measures by means of their comparative analysis with penalty has been worked out in the theory. The problem of their nature, however, is never raised. The more capacious terminological combination “criminal law impact,” on the contrary, has a precise content and prompts to carry out the systematic scientific analysis and to reveal the legal nature of this phenomenon. In the history of philosophy the term “essence” is defined as the starting point of things comprehension, the everlasting principle of their existence, the internal structure and the primary quality. Studying characteristics of criminal law measures, marked by criminologists, has made it possible to conclude that the definiteness of criminal standards, the restriction of rights, the provision of realization and the special purpose are the secondary, formal features of such system. Both independently and in their total combination they cannot show the exclusiveness and individual clarity of the studied notion. In this connection, none of these characteristics can fall under the category of having “essence.” The terminological interpretation and etymology of the wordcombination “criminal law impact” shows that this term specially emphasizes the nature of the state-enforcement activity, its connection with the preceding event. According to the analysis of the criminal law literature and the results of experts’ conclusions, it is the basis of the impact that is referred by scientists to the category of essential quality regarding to appropriate measures and this fact gives rise considerable divergences in the interpretation of other characteristics. The special purpose of criminal law is revealed in the struggle against socially dangerous actions committed by convicted persons that are prohibited by the criminal code. Meanwhile, the culpability of committing such actions isn’t the prerequisite of exercising criminal law impact. Some measures of criminal law nature can be applied to persons having committed a socially dangerous action in the state of insanity. Summing-up principles that have been stated above, it is suggested that under the essence of criminal law impact we understand the state’s return measures, applicable to the person who has committed a socially dangerous action prohibited by the criminal code.

Аннотация: Regulating criminal matters appear and function only on the basis of rules of criminal law. No criminal matter can be originated without the relative legal rule. Regulating criminal matters are the implementation of regulating legal rules. Legal matter is a rule of law at work. The final objectives of those, basically, are the same: they are intended to regulate one or another public matter and to coordinate interrelation of the relative physical and juridical persons. Rule or law and legal matter are the constituent parts (elements) of a single mechanism of legal regulation and perform some common functions within this mechanism besides their own functions. The said mechanism will not be able to operate without these main elements. Depending on the peculiar features of legal circumstances or juridical facts the criminal matters are divided into regulating and protective. Legal impact is exercised on the so called common relations within the frame of regulatory criminal matters and on relations occurred as a result of violation of the standard course of development of common relations within the frame of protective criminal matters. So that regulating criminal matters occur, the following juridical (special) preconditions shall be available: a) criminal law rule that has come into force and is still valid; b) a person that is sane and of age of criminal discretion and supplementary condition. Collectively these juridical preconditions form complex facts (or juridical set of facts) giving rise to regulatory criminal matters. The first two conditions are mandatory, i.e., no origination of regulating criminal matter is feasible without availability of these conditions; the other ones relative to special characteristic features of subject of law or to optional characteristic features of object of law are supplementary. Commission of crime by a person is the juridical fact giving rise to protective criminal matter. Different substantive aspects of criminal responsibility are the content of protective criminal matters regulated by the rules of criminal law. Such substantive aspects are connected both with the occurrence of crime and with the imposition of penalty, its changing, impunity and relief from criminal responsibility implemented by means of criminal procedure matters and criminal correction matters.

Аннотация: Lawmaking cannot come to an end at a certain stage by virtue of development of social, economic and political relationships that require legal regulation. Dynamism of the sources of the Russian administrative legislation, its changing and improving, passing of new acts, making amendments to those and reversal of obsolete laws make it necessary to organize the entire set of the existing administrative regulations into a definite scientifically grounded system. That is why during recent years the systematization by which the activity of the relevant governmental authorities in terms of regulation of the legislation is usually meant is of great importance in Russia in the context of forming of the new system of the sources of the Russian administrative legislation. Codification is the main form of systematization aimed at creation of new consolidated or integrating acts regulating social relations in a new way and replacing the previous legislation or creating absolutely unknown acts missing in the legal system. From the moment of adoption of the Russian Constitution in 1993 there appeared the necessity to revise the entire existing administrative law matters with a view to clear out a large quantity of actually dormant but formally still not void administrative acts and to create the new ones consolidating the separated existing regulations. Administrative legislation is uncodified to the utmost extent. Currently there exist a large number of non-interrelated rules of the administrative laws that are contained in different sources adopted by the authorities of different levels. Interaction and coordination of these rules are not regulated, often resulting in contradicting and duplicating. For the purpose of implementation of the principle of democratism it would be expedient to separate the whole group of the rules regulating the administrative legal status of citizens as an independent section and to issue a unified codified act covering these matters.

Аннотация: Presented article contains the author’s point of view concerning one of the existing problems in jurisprudence whether there are any reasons to recognize integrated economic systems as subjects of the law. On the basis of the analysis of some laws and other normative legal acts the conclusion is made that the disagreements stated in scientific sphere are consequence of not totally considered position of the legislator. Officially not allocating the integrated economic systems the status of subjects of the right it in some cases fixes positions which can be interpreted ambiguously. Nevertheless, in opinion of the author of the article, it does not follow from the legislation that the integrated economic systems are allocated with the rights and duties, i.e. they do not have one of basic attributes of the subject of the right. According to the current legislation the rights and duties arise only at the managing subjects that are the participants of integrated economic systems. The arising between managing subjects relations of economic dependence invested with the legal form serve as the basis for their establishment.

Аннотация: Process of consideration and settlement of an individual employment dispute is preceded by a stage of pre-juridical settlement of disputes between the contending parties, namely, the employee and the employer. Up to the moment of turning to a council of conciliation or going to court an employee shall make attempts to settle the disputes by himself or by involving an authorized representative in the course of negotiations with the employer or his authorized official (manager of the organization, personnel deputy manager, head of personnel department, etc.). Councils of conciliation are established directly in organizations or by individual entrepreneurs to consider employment disputes of employees of these organizations or individual entrepreneurs. Council of conciliation is established on a parity basis, i.e., it consists of equal numbers of employees’ and employer’s representatives. Labor legislation regulates the activities of council of conciliation only in a general way that is why it is expedient to work out regulations of council of conciliation at the level of local statutory acts. Details of the structure, functions and operation of the relative council of conciliation shall be set forth in these regulations. The moment when an employee puts on the relative application shall be considered as the moment of origin of procedural legal relations. An employee may apply to the relative council of conciliation within three months since the date of his learning or finding out of his right being infringed. The fact that the employee fails to apply within the said period of time shall not entitle the council of conciliation to reject the application of the employee. In any case any council of conciliation must accept an application submitted with delay. If it is ascertained that there is no reasonable excuse for the delay the council does not revive the missed deadline of submitting of the application and make a decision on dismissal of the claim of the employee. But if it is found out that the deadline of application to the council of conciliation is missed with reasonable excuse the council is entitled to revive it and to consider the claim to the point. An employee submits a written application to the relative council of conciliation. Such application includes the date of the employee’s learning of infringement of his rights and/or legitimate interests and the subject of this individual employment dispute together with the evidence proving the fact of infringement of his legal rights and/or legitimate interests set forth therein. Consideration of an individual employment dispute by council of conciliation is preceded by a stage of preparation of an application for hearings. Any individual employment dispute is considered in the presence of the applicant or his authorized representative. Consideration of a dispute in the absence of the employee or his representative is allowed only upon written request of the employee. Decision of council of conciliation is made by a majority vote of the members present. Minutes of the meeting are signed by each and all the members of the relative council. Any member who does not agree with the majority decision shall sign the minutes of the meeting of the council of conciliation but is entitled to state his individual opinion in the minutes. Wordings of decision of council of conciliation shall be clear, legally valid and literate. Decision of council of conciliation is binding. The force of decision of council of conciliation lies in the requirement to be executed by employer and in case of refusal to execute the decision at free will the decision is enforced. Decision of council of conciliation may be appealed in court by employee or employer within ten days after delivery of a copy of council’s decision.

Аннотация: Attorney representative attendant in civil and arbitration proceedings can carry out activities only on the basis of the powers established under some or other procedure. In this connection the problems of determining of the way of their establishing are the issue of the day, have practical importance and require to be studied in a more thorough way as so far as it is done. Powers differ from rights by three essential characteristic features, namely, a) powers are legal capabilities to take proceedings not on one’s own behalf but on behalf of other person; b) powers are derived from rights; c) accrual and further existence of powers of the representative, in general, depend on volition of the person being represented. With regard to the above characteristic features, powers should be distinguished from rights, in particular, not to confuse the former with common rights of persons involved in a case and representing legal capabilities to take proceedings on their own behalf. The right of an attorney to appear in court as a representative is ascertained by authorization certificate (order) issued by the relative bar. To carry out the so called handling acts (i.e., acts relative to handling of statutory remedies, in particular, of civil complaint or claim), attorney representative attendant shall have powers of attorney document with indication of the corresponding special powers and authorities. As distinct from the western countries, during recent years there has appeared a tendency in this country expressed in theoretical appeals and practical actions aimed at toughening of the procedures for establishing of powers of attorneys representatives in civil proceedings. Meanwhile, unreasonable formalization of a process always has adverse impact on the interests of persons involved in a case and, above all, on citizens. Even though the problem of procedural establishment of powers of attorney representative in civil proceedings in clearly solved by law the state of affairs in arbitration proceedings is different. Powers of attorney to plead a case in arbitration court are ascertained in compliance with the federal law. In connection with non-availability of specific procedures for establishment of powers of attorney in arbitration remedial legislation, present-day juridical literature contains different opinions concerning the procedures for establishment of such powers. The following state of affairs is hardly justified when an attorney is allowed as a representative in arbitration proceedings under power of attorney, while to participate in civil proceedings it is enough to produce an authorization certificate. The simplified procedure for establishment of powers of attorney in civil proceedings is determined by the fact that such attorney delegated by the state to perform the function of protection of rights and legitimate interests of citizens and organizations performs public function and acts as a legal intercessor and not just as a private legal representative of a person involved in the case. Besides, the requirement to produce an authorization certificate rather than a power of attorney significantly facilitates the process of establishment of powers of any attorney which is of no small importance from political standpoint since any attorney may plead a significant number of civil cases with different principals in courts of general jurisdiction. However, public function of protection of rights and legitimate interests of other persons is performed by attorneys both in civil and arbitration proceedings and their participation in the latter is absolutely the same as participation in the former. In this connection it should be provided that powers of attorney to appear in arbitration court as a representative are established by an authorization certificate.

Аннотация: Criminological portrait of the criminal opens features of the person of which has connected the life with fulfillment of crimes, more often, on a professional basis. In character these crimes are repeating, often typical, and the criminal is often a recidivist. With criminological point of view there is no matter, for the crimes committed by the person, whether the person was involved in responsibility or not. In the context of the present work, the problems connected with formation, development, degradation and the subsequent destruction of gaolbirds person are of interest. Various aspects of a problem are considered, and drawing up of the criminal experience portrait is most studied. On this basis the hypothesis about individual criminological portrait of the criminal which has unique practical value is put forward. Methods and ways of drawing up of such portrait are offered, features of its application in work of are examined by law enforcement bodies, and scientists representing various branches of knowledge, connected with studying of the person.

Аннотация: Changes in social and economic situation in this country, emergence of free market relations, split of the Soviet Union followed by geopolitical shifts as well as explosion-like distribution of publicly-accessible means of communication and computer technologies and technical means have changed the life of the entire Russian society and at the same time have given rise to a new formation of Russian criminality. Changes in criminality during the last two decades require deep understanding of those for the purpose of elaboration of adequate approaches to combat the new forms of criminal occurrences. Change in the structure of criminal motivations is the first thing that has introduced itself to notice of law enforcement officers, right after commencement of the said processes. Disorderly conduct and other motiveless delicts so common during the Soviet period sharply declined and gave place to crimes and offenses characterized by evident lucrative motive. Revival of entrepreneurship and free market relations with inefficient control of vast and seemingly available cash flows immediately attracted almost the entire range of Russian criminals into this field: tsekhoviks (black market manufacturers) – to legalize illegally gained capital; robbers, bandits and racketeers – in view of tempting of rags-to-riches chance; cheats for whom there appeared an opportunity to fish in troubled waters of yet immature market; hired assassins who were eager to offer their services both to organized criminality and to business men to put out of the way their competitors, etc. Development of market credit and financial relations, banking or other lines of financial and economic activities, supporting technologies and technical means and communication facilities as well as growth of service market create new types of criminal activity at the same time. Strengthening of the trend towards committing of lucrative motive crimes and increase of the share of grouped and organized elements is the resulting vector of the changes in the structure of criminality. Enlarged and enhanced equipping of criminals, cooperation of Russian criminals with international criminality and kept up import of foreign criminal technologies become evident and noticeable. The study of structure and sources of additional information used by preliminary investigation shows that the said information is extremely vast and varied by its origin, sources and ownership. At present the volume and availability of the existing information resources suitable for usage in investigative activities are not specified that is why cataloging of these resources is required. Different origin and legal status of information recorded by extradepartmental registration determine different volume and methods of its use as the source of information support of investigative activities. Multiple information resources, conditions and technologies of access indicate the complicacy of independent use of these resources by an investigator. All that confirms the necessity to establish dedicated analytical departments attached to investigative forces for the purpose of organizing and providing of overall information support of investigations carried out. The effective experience of criminal analysts operating in police investigative forces is gained in the USA and in a number of other foreign countries. Establishment of such office in Russia will increase the level of informatization of investigative activities in Russia and become the adequate response to challenges of present-day criminality.

Аннотация: It is noted in the article that the Soviet Russia and later on the Soviet Union made a significant contribution to the formation and democratization of fundamental principles of common international law. As a result of the October revolution of 1917 there came into being a number of principles, for instance the principle of peaceful coexistence, the principle of cooperation. The author analyzed viewpoints of Russian international law specialists on the role of Russia in the formation of fundamental principles of international law (R.L. Bobrov, N.A. Ushakov, D.N. Baratashvili, D.B. Levin, etc.). Article 15 of the Constitution stipulates that generally recognized principles and norms of international law and international treaties of the Russian Federation make part of its legal system. In other words, these principles can and must be directly applied and strictly observed by the subjects of the Russian law. Many Russian lawyers speak about the supremacy of fundamental principles of international law. The article offers abstracts from these laws. The Constitutional Court of the Russian Federation is guided in elaborating and voting on its decisions by generally recognized principles and norms of international law. This thesis is supported by the author’s analysis of specific decisions of the Court. On October 10, 2003 the Plenum of the Supreme Court of the Russian Federation passed a resolution “On the application of generally recognized principles and norms of international law and international treaties of the Russian Federation by courts of general jurisdiction,” which gives a definition of generally recognized principles of international law and specifies the peculiarities of its application by courts of all levels. Russian Federation strictly follows basic principles of common international law, and peacemaking operations against Georgian troops in the South Ossetia in August, 2008 testified to it. The Medvedev-Sarkozy plan to settle the conflict is based on generally recognized principles of international law. In full accordance with them Russian Federation recognized Abkhazia and South Ossetia as sovereign states and established diplomatic relations with them on an embassy level.

Аннотация: In the ХХth century for the first time the world faced highly destructive weapons, i.e., weapons of mass destruction. Three types of those appeared in the arsenals of states: bacteriological, chemical and nuclear weapons. Application of the said types of weapons could have put an end to life on Earth. To safeguard the planet against terracide, the only correct solution was found, i.e., to develop, adopt and execute international agreements on banning and exterminating of weapons of mass destruction. Distribution of nuclear, chemical and biological weapons as well as missile- carriers is an important factor determining the nature of threats to the national security of the Russian Federation with regard to its geographical position and length of the frontiers. Special attention is paid to this matter by the Russian government. The Russian Federation takes an active part in international endeavors to consider the problems of non-proliferation of weapons of mass destruction and its carriers as well as assists in settlement of these matters by political and diplomatic means and instruments. Adherence to the principle of non-proliferation is one of the fundamental purposes of the foreign policy of Russia. According to the Concept of national security of Russia, strengthening of the regime of non-proliferation of weapons of mass destruction and its carriers is the top-priority task of the state and distribution of weapons of mass destruction is among the main threats to the national security. Undoubtedly, increase in number of countries possessing the weapons of mass destruction, especially those situated along the Russian frontiers, is the greatest threat to security of Russia. Besides strengthening of the system of the existing agreements on nonproliferation of nuclear weapons and disarmament, Russia consistently stands for extension of the international legal base relative to this aspect. In particular, Russia considers the forthcoming beginning of development of the Treaty on Prohibition of Production of Fissile Materials for Nuclear-Weapon and Other Nuclear Explosive Devices at the Geneva Conference on Disarmament to be its top priority task. Russia stands for establishment of more rigid but objective standards regulating the transfer of the most sensitive technologies, such as uranium enrichment and reprocessing of spent nuclear fuel. The Russian Federation does not transfer such technologies to non-nuclear states that do not possess those. Legal base is created and put into practice in the Russian Federation. This base ensures execution of the international obligations of non-proliferation of weapons of mass destruction and its carriers. Implementation of a set of measures ensuring the reliable stock-taking, control and physical protection of nuclear weapons, of hazardous radiative, chemical and biological substances as well as barring of unauthorized access to such materials and technologies is ensured by the legislation. The national system of export control over transfer of goods and technologies that can be used for manufacturing of weapons of mass destruction, its carriers and other types of weapons and military equipment is created and steadily operates in compliance with the worldwide standards. This system permanently evolves with regard to new challenges and threats.

Аннотация: This article is devoted to formulating of the concept and brief analysis of functions of the international governance in the sphere of environmental protection. The governance as a process that has affect on the object for achievement of exact purposes may be realized in different systems. The international system covered the international relations in the sphere of the environmental protection can be defined as a special type of social system. Any social system requires not only maintenance of the viability, but also providing of progressive development. The international law aspects of governance require to indicate that the influence on the relations concerning the exploitation of natural resources and preservation of environment must be foremost carried out in accordance with basic principles of international law. The signs and the essence of the international governance are predetermined by an idea of cooperation of the states and other subjects during an era of globalization when their objective interdependence increases constantly. The international governance in sphere of the environmental protection can be carried out in various areas, for example, regulation in the sphere of preservation of a biodiversity, management in the sphere of climate changes, management in the sphere of the reference with dangerous waste, etc. The basic function of the international governance is regulation by means of which states and the international intergovernmental organizations and other structures formulate rules or provisions, obligatory for implementation by those subjects which directly discuss the issues of exploitation of natural resources, or develop recommendations which should be considered to promote efficiency of a mode of protection. However the term “international governance” which is used with reference to separate sphere as a complex of the international relations in this case forming the sphere of preservation of the environment, has wider content. During the process of international governance the realization of functions takes place on the basis of provisions of international law. Functions of international governance in analyzed sphere are directed on the rational use of natural resources in the context of sustainable development and strengthening of efficiency of environmental protection. By the international governance states organize interaction or cooperation which can be direct, or be carried out through specially created international mechanisms.

Аннотация: The right to health protection though it is one of the fundamental human rights having the same legal status as the right to life or freedom of conscience did not obtain the general recognition in national legal systems unlike the traditional human rights. However, in 1998 all the participants of the World Health Assembly including Russia acknowledged in the Declaration on Health Protection that health and welfare of people were the final objective of social and economic development of society. Particular significance of health is also reflected in the documents adopted by the UNO at the turn of the millennium. During recent years actually all the UNO institutions and committees have been expressing their concern with the implementation of this right which is confirmed by a significant number of resolutions of the General Assembly of UNO, committees of U.N. Economic and Social Council (ECOSOC), Committee on liquidation of discrimination against women and of other bodies and agencies. The Charter of the World Health Organization says that the utmost achievements in terms of level of health are one of the fundamental rights of every person irrespective of one’s race, religion, political opinions, economic and social status. Each government is responsible for health of its citizens, and such responsibility requires taking of relative social measures in the field of healthcare. The World declaration on human rights says that every person has a right to such standards of living, including food, clothes, housing, medical and social service that are required for maintaining of his own health and health of his family. It is also particularly emphasized that maternity and infancy entitle to special care and assistance. The right to health protection is established in more details in the International Covenant on Economic, Social and Cultural Rights which not only determines that the states participating in the Covenant acknowledge the right of every person to the highest feasible level of physical and mental health but also stipulates that with regard to the provided specific responsibilities of the states to ensure the implementation of this right the states commit to create such conditions that enable rendering of medical service for everybody. The problem of achievement of the highest possible level of health by all the nations implies a wide range of measures that shall be implemented by all the states both independently on the basis of its national legislation and in compliance with international acts, conventions, rules, etc. adopted by some relative bodies and committees, in the first place, by the UNO and the WHO. Problems with human health are not limited only by the field of healthcare but require comprehensive and multi-field approach that sometimes needs multilateral influence of several organizations. At present there is a long-felt necessity that the WHO pays more serious attention to international lawmaking, especially with regard to the fact that intensive development of international law is in progress within other organizations and programs whose activities are in some or other way related to health problems.

Аннотация: Mutual insurance of liability of ship-owners is subject to legal traditions established during the period of dynamic development of the British insurance market. The idea to cover financial losses by means of targeted allocation of income sources seems to be the key one even nowadays since the foundations of insurance organization do not intend for no particular reason to give up the dependence on the extent of participation in reimbursements aimed at leveling of some or other adverse effect. However, diversification of types of liability does not often gain understanding while absolutely new objects of insurance appear with repeated regularity. For this outcome, updating of technological cycle of mechanisms of transportation, handling, warehousing and document flow is enough. Just this fact directly indicates washing out of distinguishing between compensating and accumulating elements of insurance event since the problems of material damages in insurance and their impact on amounts of insurance payments seem to be open rather than solved forever. At present something is initiated that hazily reminds step-by-step transformation of personal insurance institutions in general. For this purpose it is enough to declare that rates of sustained loss are determined independently, based on delicts of ship-owners and on commonness of trends to ensure safe navigation. The expected remark on the decision function of rule of law will not be out of place in the situation of obvious uncertainty but the general legal expansion does not seem to be desirable since it only aggravates already complicated state of affairs. It is good when the state considers progressive international legal proposals to be the call for action and explains in detail what mutual liabilities shall be shared by participants of insurance agreement. But how shall we proceed when the endeavors of legal base of some or other country are obviously insufficient while the possibility to use the methods of comprehensive unification is negligibly small? In such a case one sticks to the hope that sooner or later the legislation on insurance of liability of ship-owners eliminates the optional nature obviously inherent to it and the forthcoming waiting is short.

Аннотация: The article consists of two parts. The first part deals with the problem of responsibility of physicians in the Russian criminal law. It is indicated that unlike the German criminal legislation thoroughly regulating the circulation of medicines and medical products as well as matters of criminal responsibility for breach of statute-established rules of circulation the criminal legislation of Russia actually ignores the danger of illegal circulation of adulterated and expired medicines. That is why the first part of the article gives consideration to the general problems of responsibility of medical personnel for doing harm or for posing hazard to life or health in the course of performing of their professional activities. The second part of the article is a review of the German legislation concerning responsibility of physicians for professional carelessness. It is noted that besides apparent positive research opportunities the scientific and technological progress in the process of globalization of economic relations, especially in pharmaceutical industry, is characterized by a number of adverse events relevant in terms of criminal law. The range of possible delinquent acts in the field of pharmaceutical research, production and distribution of medicines is rather wide. It covers not only misdeeds of individual persons not engaged in entrepreneurial activities but also deeds that take place in divisions of national and international corporations. One also has to face cases of export and import of poor-quality and barred medicines with involvement of the third world countries and emerging nations, tampering with results of pharmaceutical research, holding-up of information of adverse by-actions of medicines as well as not taking or untimely taking of actions to withdraw medicines suspected of posing hazard to life of customers. Mass media publishes reports on criminal processes connected with bribery of private physicians by large pharmaceutical companies and with distribution of adulterated or barred medicines. Criminal law regulation of relations connected with adulteration and other illegal circulation of medicines (criminal law concerning pharmaceutical industry) belongs to the section of protection of consumer rights of the German economic criminal law and is characterized by three features. Firstly, criminal legal rules stipulating responsibility for illegal circulation of medicines are reflected not in the general legal codification (Strafgesetzbuch) but in special branch laws. Special Branch Law of the Federative Republic of Germany on circulation of medicines is the primary legislative act in the field of pharmaceutical law. Secondly, besides the rules that are criminal legal in the narrow sense, the Law of the Federative Republic of Germany on circulation of medicines includes essential elements of administrative offense, with the sanctions being administrative penalty for certain actions violating the rules of the German legislation on circulation of medicines. Thirdly, disposition of all the said rules is blanket, i.e., they include references to other provisions of the Law of the Federative Republic of Germany on circulation of medicines to describe certain features of the objective aspect of the essential elements. It is this blanket structure of essential elements that causes the main complications of the German criminal law concerning pharmaceutical industry. Multiple references to the provisions of the Law of the Federative Republic of Germany on circulation of medicines that in its turn are not closed in many cases but, on the contrary, refer to other rules of the German and European legislation as well as multiple specifying subordinate statutory acts make the essential elements in question very complicated for review and comprehension.

Аннотация: The Treaty of Lisbon signed on 13 December 2007 marks a new stage in the European integration and the development of the European Union law. Along with the numerous reforms of the institutional framework of the European Union (EU) the Treaty of Lisbon has introduced several important changes into the system of legal acts which the EU institutions are empowered to adopt in all fields of the Union competencies. The present article has as its purpose to describe and clarify for a Russian reader a new system of the EU legal instruments including their new classification on legislative and non-legislative acts. The article starts with the analysis of the legal nature and distinctive features of each of the acts provided for adoption by the EU institutions: European Parliament, European Council, Council, European Commission, Court of Justice of the European Union, European Central Bank and Court of Auditors. The acts concerned include the legal instruments both of binding nature (regulations, directives, decisions) and the instruments which have not binding force (recommendations and opinions). All the acts mentioned above preserve their initial features existing since 1958 (entry into force of the Rome Treaties of 1957) with some changes for the decisions. The new rules introduced by the Treaty of Lisbon provide for a distinction between the legislative and non-legislative acts unknown before in the EU law. Among the acts of the latter category the Treaty of Lisbon also singles out the implementing and delegated acts adopted as a general rule by the European Commission. Basing on the rules of the Treaty of Lisbon the article proposes a theoretical definition of the term “EU legislative act” as a legal instrument adopted by the European Parliament and/or Council under the legislative procedure in the form of the regulation, directive or decision. The article also gives a legal description of the EU documents which officially do not form part of the “legal acts” of the European Union but nevertheless are adopted by the EU institutions, bodies, agencies and offices, sometimes as the sui generis acts: interinstitutional agreements, rules of procedure, guidelines, communications, white papers, green papers, conclusions, codes of conduct etc. The whole system of the EU legal acts and other legal instruments is summed up in the table contained in the annex to the article.

Аннотация: