Look who’s talking: interviewing Russian criminals

This paper reflects on the mistakes, the lessons learned and the successes of interviewing Russian entrepreneurs known to devote at least some, if not all, of their operations to illegal business.     

论俄罗斯联邦检察院在俄罗斯生态法实施中的监督功能

建立完善、有力的生态法律监督机制,是保障生态法律实施的重要条件.俄罗斯自独立以来,在法律监督方面不仅继承了前苏联的先进做法,而且根据国情又不断地加以创新.俄罗斯联邦检察院作为俄罗斯法律监督的主要国家机关,在俄罗斯生态法实施中所起到监督作用是全面的、深入的.通过对俄罗斯联邦检察院进行生态法实施监督的法律依据,监督的具体领域,专门的自然保护检察院在俄罗斯生态法实施中的作用,以及俄罗斯联邦检察院对生态法实施进行监督的方式做了具体分析,阐述了俄罗斯联邦检察院在俄罗斯生态法实施中的监督功能.     

俄罗斯恐怖主义犯罪问题研究综述

近年来,俄罗斯恐怖主义犯罪问题的研究逐渐受到国内外学者的关注。我国学者对此问题的研究起步较晚,成果多集中在恐怖主义的根源、应对措施和相关立法等方面。俄罗斯的相关研究成果比较丰硕,为我们从多学科、多角度研究俄罗斯恐怖主义犯罪问题提供了可资借鉴的参考。     

俄国现代主义小说的流变

俄国现代主义小说随着俄国现代主义文学思潮兴起于白银时代,成果显著,甚至像高尔基这样的现实主义作家的某些作品也具有现代主义因素.20世纪30至50年代初,现代主义小说的发展受到阻遏,但仍有一些作家写出了现代主义杰作.从60年代末期起,现代主义小说再度出现,同时后现代主义小说也接踵而来,成为现代主义小说在上世纪晚期俄罗斯文学中的变体.     

Russian and Soviet forensic psychiatry: Troubled and troubling

Russian forensic psychiatry is defined by its troubled and troubling relationship to an unstable state, a state that was not a continuous entity during the modern era. From the mid-nineteenth century, Russia as a nation-state struggled to reform, collapsed, re-constituted itself in a bloody civil war, metastasized into a violent “totalitarian” regime, reformed and stagnated under “mature socialism” and then embraced capitalism and “managed democracy” at the end of the twentieth century. These upheavals had indelible effects on policing and the administration of justice, and on psychiatry's relationship with them. In Russia, physicians specializing in medicine of the mind had to cope with rapid and radical changes of legal and institutional forms, and sometimes, of the state itself. Despite this challenging environment, psychiatrists showed themselves to be active professionals seeking to guide the transformations that inevitably touched their work. In the second half of the nineteenth century debates about the role of psychiatry in criminal justice took place against a backdrop of increasingly alarming terrorist activity, and call for revolution. While German influence, with its preference for hereditarianism, was strong, Russian psychiatry was inclined toward social and environmental explanations of crime. When revolution came in 1917, the new communist regime quickly institutionalized forensic psychiatry. In the aftermath of revolution, the institutionalization of forensic psychiatry “advanced” with each turn of the state's transformation, with profound consequences for practitioners' independence and ethical probity. The abuses of Soviet psychiatry under Stalin and more intensively after his death in the 1960s–80s remain under-researched and key archives are still classified. The return to democracy since the late 1980s has seen mixed results for fresh attempts to reform both the justice system and forensic psychiatric practice.     

Evolution of the Russian Judicial System in 2014

After the mass protests that took place in 2011–12 and the annexation of Crimea in 2014, all of the negative tendencies that have existed in Russia's judicial system became more prominent, while the few positive tendencies have largely disappeared. Acquittal has become even rarer than it already was, even as the courts' tendency to hand down sentences short of incarceration has been reversed.     

俄罗斯森林法若干基本理论问题研究

对他国法律的考察,重在解析其中所蕴含的理论问题,以找到理论与实践、“本土化”与借鉴之间的结合点。本文结合俄罗斯联邦森林立法和其他立法的具体实践,重点研究了俄罗斯联邦森林法的调整对象、森林关系的主体、客体及俄罗斯联邦的森林权属等几个基本理论问题,旨在为我国森林法律制度的建立、健全或完善提供有益的参考。     

俄罗斯生态鉴定制度——我国环境影响评价制度的反思与改进

生态鉴定制度是俄罗斯的基本环境管理制度。本文在对俄罗斯生态鉴定制度进行简要探讨的基础上,对我国环境影响评价制度进行反思,提出了完善环境影响评价制度的对策。     

The Russian mafia: Expulsion of law

The purpose of this paper will be to determine whether the conditions that exist in present‐day Russia are congruent with Foucault's claim that power in modern societies is not ensured by law and punishment but by normalization and control, which go beyond the state and its apparatuses, and that law plays an increasingly subordinate role within contemporary disciplinary society. I will also see what conclusions can be drawn from the Russian‐Soviet case that are relevant to evaluating the paradigms supplied by Foucault in deciphering the modalities of power in the modern world. In what sense can he help us understand how discipline and law in Imperial and Soviet Russia created the necessary conditions for the emergence of the Russian Mafia? Law has been transformed in the hands of the Russian Mafia and has expanded its spheres of influence rather than being displaced. The conditions that exist in present‐day Russia can be applied to Foucault's claim that power in modern societies is not ensured by law and punishment but by normalization and control which go beyond the state and its apparatuses. But it is not the case that law plays an increasingly subordinate role in present‐day Russia. Rather, it is no longer controlled by the sovereign power of the monarchy or by the Soviet state and its apparatuses, but is now predominately controlled by the Russian Mafia.     

Minority Religions and Social Justice in Russian Courts: An Analysis of Recent Cases

This paper presents a number of important recent cases from Russia involving new and minority faiths. The cases are examined to see how these unpopular groups are dealt within the context of a rapidly changing Russia. Conclusions are drawn about how the legal system in Russia operates concerning minority faiths, using the sociological variables discussed in this issue's introduction.     

Russian PNR system: Data protection issues and global prospects

The usage of Passenger Name Record (PNR) for security purposes is growing worldwide. At least six countries have PNR systems; over thirty are planning to introduce them. On 1 December 2013, a Russian PNR system will be implemented. But enhanced collection of personal data leads to increased surveillance and privacy concerns. Russian authorities state that passengers' rights will be respected, but a closer look at the Russian regime reveals a number of critical points. From a global perspective, the Russian regime is only one of many PNR systems, including new ones to come in the future. Apparently, for the majority of them, similar challenges and problems will apply. At the same time, for the EU, with its strict data protection requirements, PNR requests by third countries (i.e. non-EU countries) create conflicts of laws. In order to resolve them, the EU concludes bilateral PNR agreements. However, the current deals, especially the one between the EU and the USA, involve a number of weaknesses. Accepting the latter, and having a pending proposal on the EU PNR system, the EU has weakened its position in negotiations with third countries. How will the EU deal with the Russian as well as with all the future requests for PNR? This paper provides legal analysis of the Russian PNR regime, pointing out common problems and giving prognosis on the global situation.     

The Criminalisation of Russian State Security

While the Russian authorities may seek to talk up the role their security apparatus plays in combating organised crime, in fact, they are to a large extent falling prey to criminalisation. A culture of corruption and a decade of neglect have combined to create a situation in which not only do police, army, and security officers provide services to ‘civilian’ criminals but organised crime groupings have actually formed within them. These gangs tend to be defined by their location and legal powers, both of which can be abused for criminal ends, and they include police and military officers at the very apex of their respective command structures. There are grounds for hope now that President Putin is beginning to become aware of the practical dangers this poses for Russian national security, not least given the haemorrhage of weapons to criminal and insurgent hands, but, for the immediate future, the security apparatus will remain corrupted and criminalised.     

Technology transfer by foreign firms and the utilization of competencies within Indian industry

This article evaluates whether the changing presence of foreign firms in India has had an impact on the performance of India’s industrial sector by impacting on the utilization of intangible capabilities within firms. Foreign firms bring in technological skills and capabilities and these are transferred by a spillover process to all of Indian industry. The results show a strong relationship between the growing presence of foreign firms in India and measures capturing the utilization of varieties of competencies in Indian industry. Thus, the notion that foreign firms’ capabilities can spillover to other sectors of industry finds support in the data.

R&D spillovers in a supply chain and productivity performance in British firms

The Journal of Technology Transfer - It is well known that there are incentives for cooperation and collaboration along the supply chain, as the performance of any one firm is dependent on that of...     

The illegal trade of raptors in the Russian Federation

Wildlife trafficking, along with other green crimes, receives little attention from the criminological community. This study provides further knowledge of this black market, and exposes the structural harms that are associated with it, by examining the illegal trade in falcons in Russian Far East. The structural harms proposed here are that wildlife trafficking, and the illegal raptor trade in particular endangers the environment, is cruel to animals, and threatens national and human security because of its connection to other dangerous illicit activities. Through semi‐structured interviews, trade statistics, and online news sources, a framework is developed as to who is involved, how it is occurring, and where it is taking place as well as possible ways in which to curb this activity.     

探索中的俄罗斯联邦知识产权法院

俄罗斯联邦知识产权法院是司法改革的产物。俄罗斯国家转型以来，特别是加入WTO以后，为加强对知识产权的司法保护力度，对全国司法体系特别是仲裁法院系统进行了一系列的变革，知识产权法院正是在这样的历史背景下应运而生。作为俄罗斯仲裁法院系统内设置的审理知识产权案件的专门法院，俄罗斯联邦知识产权法院的设立与运行标志着俄罗斯在知识产权司法保护方面进入了一个全新的时代。了解俄罗斯联邦知识产权法院设立的历史背景、组织架构、审判职能、管辖范围及其在俄罗斯法院体系中的地位，加强中俄双方在知识产权司法保护方面的交流与合作，对于我国法学研究和司法实践具有现实价值和借鉴意义。     

俄罗斯企业社会责任履行现状及对我国的启示

在俄罗斯政府推动下,俄罗斯企业社会责任在过去近十年内出现了一个新发展。俄罗斯与中国有着类似的转型背景,在企业社会责任的履行方面很大程度上受政府的影响,采取的是自上而下的企业社会责任推进方式。俄罗斯企业社会责任履行过程中政府在承担主体上注重区分不同类型企业的社会责任分层次履行、在推进主体上以政府推进为主导模式、在推进方式上注重"公私协作"等成功举措及主要经验,对于完善我国企业社会责任履行具有重要的借鉴意义。     

Russian Robber Barons: Moscow Business, American Style

Russia after communism is a hotbed of crime. Russian Robber Barons addresses villainy in market construction and draws on U.S. experience for comparisons. Crime will not be eradicated in Russia, nor has it been eliminated elsewhere, but a carefully crafted legal system can reduce damage wrought by unproductive criminal activity and guide entrepreneurs into legal operations beneficial to themselves and society. Robber baron activities match Joseph Schumpeter's creative destruction, but Mafia-style crime is merely destructive. Economic success demands that Russia join Western market societies in the search for laws to throttle destructive crime and encourage entrepreneurship.     

确定对俄经贸合作的主要领域,开拓俄罗斯市场

本文通过对俄罗斯市场的研究和分析,认为吉林省在开拓俄罗斯市场方面应增强紧迫感,确定经贸合作的主要领域,应在森林资源、矿产资源、农业资源、渔业资源、旅游业的开发和利用方面采取有利措施,有的放矢地开展与俄罗斯的经贸合作,提高吉林省的对外开放水平,带动国民经济增长。     

关于土地归属的初步讨论——以大陆法系传统、罗马法和俄罗斯法为视角

在以罗马法为基础的大陆法系传统中,关于土地归属的法律规定对俄罗斯法产生了一定的影响。分析在罗马法以及中世纪法中土地归属法律规定的复杂性,并且就资产阶级法典化过程中,通过个人所有权和他物权体系的构建,对土地归属问题复杂性的简化需要加以说明。此外,大陆法系传统概念在苏联时期俄罗斯法中所遭受的阻力,而所有权结构在俄罗斯联邦新民法典和土地法典中的扩张也值得重视。