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.     

The Russian Orthodox Church as Part of the State and Society

The author analyzes how the relations of the Russian Orthodox Church with the Russian state and with Russian society have developed under Patriarch Kirill.     

Selected legal aspects concerning the regulation of trusts and private foundations in the Russian federation

The authors are the first contributors from the Russian Federationand introduce the reader to Russian legal concepts which incorporatethe idea of the Anglo-Saxon trust as well as the private foundationand discuss how foreign trusts and foundations are perceivedby the Russian legislator.     

All-Encompassing Paranoia

The Russian state has over the last five years gradually increased its ability to control the Internet. Russian Internet companies recognize that in order to continue to work in Russia they have to be willing to help state security and to exert pressure on foreign IT companies. The ability of the Russian government to secure the Internet is limited by the openness of Russian society and of the Russian Internet itself. While the government has so far not succeeded in countering this openness, it is likely to continue to try, as the priority is now on securing the regime against external and internal threats rather than ensuring the personal security of Russians.     

Russia and the illicit arms trade

Since the disintegration of the Soviet militaryindustrial complex, the prospect of conventional armsand nuclear, chemical and biological weapons of massdestruction and their ingredients finding their wayfrom Russia into other hands has become a matter ofconcern for both the Russian Federation and theinternational community. This article explores thescale, forms and consequences of illicit transfers ofconventional arms and weapons of mass destruction andtheir ingredients from the Russian Federation into theinternational community. Russian military and securityforces seem to have been the main sources of a widerange of illicit conventional arms, whether as aconsequence of the participation of Russian armedforces in regional conflicts or as a consequence ofthe sale of equipment by corrupt officers, the covertcommercial export by Russian arms manufacturers beinglargely confined to small arms and light weapons. Theillegal diversion of nuclear, chemical and biologicalmaterials from the Russian Federation seems to havebeen less than was at one time feared but Westernco-operation with the Russian Federation to reinforceexisting nonproliferation regimes remains a highpriority.     

论俄罗斯联邦刑法人道原则

人道原则作为俄罗斯联邦刑法的基本原则之一,有着深厚的法理基础和坚实的法律渊源。要正确的理解俄罗斯联邦刑法的人道原则,就要深刻的理解这一原则在俄罗斯联邦刑法上的具体体现。     

苏式民法调整对象定义的沉浮

本文在27个苏-俄密切联系国的范围内考察了苏式民法调整对象理论的流变。首先考察了在苏-俄产生的3个民法调整对象定义:不对称平行线说、商品经济说和新平行线说;然后考察了它们在东欧剧变后在苏联密切联系国的流变情况,分为继受、改造、更新、放弃规定4种情形。最后提出了中国应采用新平行线说的建议,并介绍了作者对《俄罗斯联邦民法典》第2条第1款的理解与俄国学者的理解的分歧。     

俄联邦行政法基本理论中的几个问题

伴随着俄罗斯正在进行的经济体制和政治体制改革,俄罗斯的法律领域也发生了深刻的变化,其中行政法律制度的变革最为显著,这在俄罗斯的行政法学界也存在相应的反馈。俄罗斯的行政法学者开始注重对行政法学中的一些基本理论问题展开研究,以执行权为中心重新界定行政法的概念:将行政法作为一个独立的部门法强调其与其他部门法带有共性的调整手段;行政法的作用主要在于限制政府权力,保障公民权利。伴随着行政法学研究的深入和行政立法的急剧发展,应当尝试重新构建俄罗斯行政法学的体系结构,以顺应世界各国行政法学发展的总体趋势。     

On the interaction between State Forensic Medical Centers of the Russian Ministry of Defense and territorial organs of the Russian Federal Service on Surveillance for Consumer Rights (Roszdravnadzor): topical problems and possibilities for their solution

The present paper is focused on the consideration of topical problems pertaining to the interaction between state forensic medical centers of the Russian Ministry of Defense (SFMF MD RF) and territorial organs of the Russian Federal Service on Surveillance for Consumer Rights (Roszdravnadzor) in the framework of unscheduled inspections of the organization and conduction of forensic medical expertise. Such inspections not infrequently give rise to conflicts between the administration of SFMF ND RF and commissions of territorial organs of Roszdravnadzor. The principal source of such conflicts is the representatives of Roszdavnadzor frequently fail to observe the requirements envisaged by the normative legal acts of the Russian Federation regulating activities of this state agency and the laws of the Russian Federation governing action management in the field of forensic medical expertise. The main causes behind the conflicts and their consequences are discussed, recommendations are proposed to resolve them.     

Law Sidelined

This article discusses how the rule of law is understood in present-day Russia, highlighting the distinction between rule of law and rule by law. It highlights how both international and Russian legal norms were subverted in the Russian Constitutional Court's ruling on the legitimacy of the treaty that authorized Russia's annexation of Crimea.

On the question of the rule of law in the context of Russian foreign policy, or why, according to the law of the Russian Federation, Crimea is nonetheless not altogether ours.     

俄罗斯当代刑事立法关于犯罪概念的变革——兼与中国现行刑事立法相比较

俄罗斯1996年新刑法典关于犯罪概念的立法模式沿袭了1958年以来苏俄刑事立法采取的形式———实质概念模式。但是,新刑法典的规定和变革因批判地继承民族立法的传统,特别是反映俄罗斯刑事立法和刑法学发展的最新成果而显得更为科学和合逻辑性。新中国成立以来,刑法典关于犯罪概念的立法规定深受苏俄刑事立法的影响,但是,由于俄罗斯新刑法典的变革,两国关于犯罪概念的立法表述和内容有了较大的区别。这值得我们去了解和研究,以资借鉴。     

Role of the forensic medical expertise in the campaign of Russia Defense Ministry against trafficking of narcotics and strong drug substances

The forensic medical measures undertaken by Russia's Defense Ministry (RDM) in its campaign against trafficking of narcotics and drastic medicines in Russia's territory are addressed in the paper. The dynamic mortality rate due to poisoning by narcotic and psychotropic agents (among Russian citizens) is shown for 1996-2001; the following issues are also discussed: specificity of drug-trafficking and drug-addiction in the contemporary Russian society and, primarily, in the Armed Forces of the Russian Federation and the conditions, on which the RDM expert forensic-and-medical institutions are involved in state measures against trafficking of narcotics and drastic medicines in Russia's territory.     

Inviolability of diplomatic archives: a comparative analysis,Australia and Malaysia

In 2017, the Russian Embassy in Washington DC protested that officials had carried away Russian diplomatic archives from their San Francisco Consulate-General, without supervision of Russian diplomats. The objective of this article is to analyze critically the meaning of the legal doctrine of the inviolability of diplomatic archives. The research question is what distinguishes documents in the form of a diplomatic archives from a solely organic arrangement. The Cardinal Rule of Provenance, applied to diplomatic archives, transforms the status of the documents so that diplomats have a sole right to act on them, so to make reasoned judgments.     

The "Question of the Ethnic Russians" in the Context of Ethnic Relations in the Russian Federation

The author examines the current and likely future position of the Russian ethnic group within Russia's systems of interethnic and ethnofederal relations. He also examines the meaning of the term nationalism as used in Russian politics and warns about the danger of growing imbalances in state regulation of federal and ethnic relations. He proposes a new federalism that would eliminate asymmetries in relations between ethnic Russians and other ethnic groups inhabiting the Russian Federation.     

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.     

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。     

从所有权法向物权法的转型——以“《俄罗斯联邦民法典》完善计划”为向度

自"前苏联解体"20多年以来,俄罗斯物权立法逐渐摆脱计划经济时代的物权观念,不断地向着传统物权法的类型与体系回归。通过渐次的多级转换,俄罗斯物权立法从"所有权中心主义的物权立法"向"他物权日益凸显的物权立法"转化。近年来通过"《俄罗斯联邦民法典》完善计划"的实施使之具有了与大陆法系之德国法传统的物权法相类似的体系特征。     

Transfer of Space Technologies Past and Present: The Russian Case

Since the end of the 1980's transfer of government sponsored high technology space goods and services to other sectors, industry, and eventually non-government use has been a growing concern of the Russian policy makers. Today the real and functional transformation of this field is on the agenda. The paper is organized as follows. The first section analyzes the evolution of the common approach to technology transfer, looks at the main obstacles to this processes as a whole, and in the space sector in particular. The second section examines the Russian space R&D sector from the point of view of its role and place in the Russian scientific and technological base. New mechanisms of technology transfer are then considered. Here, problems of conversion, commercialization, dual-use, and internationalization are examined in the context of space technology transfer. Furthermore, issues of innovation in technology transfer are discussed. The new networks that are forming through which technologies diffuse is considered. The paper then turns to legislative and regulatory problems, including the discussion of the main principles of the Russian space transfer code, which is now being drafted. It is necessary to underline, that in the Russian case, official statistics still do not help analyze the question of technology transfer.     

Implementing Global Nature Protection Agreements in Russia

The article discusses Russian implementation of the Ramsar Convention, the World Heritage Convention, CITES and the Convention on Biological Diversity. The country's international obligations are part of Russian law, but little has been done by Russian authorities to implement the agreements on the ground. Compliance with the international agreements is the result of Russian protection measures that exist independently of the conventions. Environmental concerns have been given reduced priority since the early 1990s. An independent environmental protection agency no longer exists, and the number of inspectors has been drastically reduced. Implementation activities are undertaken primarily by international NGOs, and partly by regional authorities.     

Characteristic of mortality in the Russian Federation

The objective of the present work was to estimate the overall mortality in the Russian Federation and to elucidate the structure and characteristics of violent and non-violent mortality in this country. The study is largely based on the materials of reports on the activities of local bureaus of forensic medical expertise for the period from 2003 to 2008; in addition, the data from the official demographic and statistical yearbooks issued by the Russian State Statistical Committee (Goskomstat) in 2008-2009 were used. It is shown that cardiovascular pathology appears to be currently the leading cause of general mortality in the Russian Federation. A substantial fraction in the structure of general mortality is constituted by mechanical injuries most of which are inflicted in car accidents. More than half of the fatal cases caused by external factors and around one third of the deaths from cardiovascular diseases are associated with alcohol intoxication. Statistical treatment of the results of analysis conducted in the present study provided materials for the development of recommendations designed to improve the demographic situation in the Russian Federation.