Review of Political Sciences in the USSR. An Index of the Soviet Literature, 1975-1979

The Eleventh World Congress of the International Political Science Association, held in Moscow in August 1979, was a noteworthy event in international scholarly affairs. Among the publications whose appearance was timed for the congress, one's attention is drawn by the bibliographical index of the Soviet literature in the years 1975-1979 prepared by the Sector on Bibliographic Research Information on State and Law of the Institute of Scientific Information in the Social Sciences, USSR Academy of Sciences. The significance of this work lies principally in the fact that it is essentially the first attempt at compiling and publishing an extensive bibliography of political sciences in the USSR. Its appearance is all the more timely because political scientists abroad have little information on research of this kind in the USSR. The bibliographic index is designed not only for the Soviet but for the foreign reader, and for that reason it is published in Russian and in English. The book has a detailed index of names, which facilitates the search for needed literature.     

Church,State, and Society in the East

The articles in this issue of Russian Politics and Law review the role of religion in state-society relations in the former Soviet Union. They examine the role of the Church in several former Soviet republics and show that the Orthodox Churches in former Soviet states share many commonalities.     

A Word About the Change of Title from Soviet Law and Government to Russian Politics and Law

With the final disintegration of the Soviet state in December 1991, the title Soviet Law and Government suddenly lost all meaning. After considering the unsatisfactory alternatives, we decided to rename the journal Russian Politics and Law. Yet, in every respect, the journal's coverage will remain much wider than the title implies.     

Editor's Note

All of the Soviet codifications referred to by the authors of Forensic Psychiatry have been translated into English, as follows:

Criminal Law

Fundamentals of Criminal Legislation of the USSR and Union Republics, and Fundamentals of Criminal Procedure of the USSR and Union Republics: F. J. Feldbrugge, in Law in Eastern Europe, No. 3, under "The Federal Criminal Law of the Soviet Urion" (Z. Szirmai, ed.), A. W. Sythoff, Leyden, 1959; George H. Hanna, in Fundamentals of Soviet Criminal Legislation, the Judicial System, and Criminal Court Procedure, Foreign Languages Publishing House, Moscow, 1960; in Current Digest of the Soviet Press, March 4, 1959.     

How the Short Course Was Created

The question of where the capital is to be situated has not yet been resolved. [The towns of] Kaluga, Kaliningrad, and Podol'sk have been suggested, however. Moscow is considered the least felicitous alternative. Still, there is more than enough time to deal with this question, since the republic does not exist yet. But the foundation for its establishment has already been laid. On May 26, at a meeting of the Small Soviet [executive committee] of the Moscow Oblast Soviet, Lev Kozlovich, chairman of the standing committee on housing, utilities, and roads, urban planning, transport, and communications, raised for discussion the question of "the expedience of creating a Republic of Muscovy" within the territory of Moscow Oblast. As stated, the proposal was motivated by the desire to abolish a glaring injustice—the inequality of rights among the subjects of the federation, Russia's autonomous republics and regions.     

The Fourth Soviet-American Meeting of Legal Scholars

The regular conference of Soviet and American legal scholars who study problems of the activity of local governing bodies took place in June 1981 in Moscow. Its subject was questions related to the process of preparing and making decisions at various levels of local government.     

An Overview of Criminological Research on Violence in Slovenia

This paper presents a survey of Slovene criminological research on violence since Slovenia's independence in 1991. The authors reviewed all research projects conducted at the Institute of Criminology at the Faculty of Law in Ljubljana and the College of Police and Security Studies (now Faculty of Criminal Justice, University of Maribor) and other academic institutions in Slovenia. This paper shows the prevailing studied forms of violence in contemporary Slovenian society and research methods used to reveal the dimensions and the extent of all kinds of violence.     

Publisheres Note

The publisher is pleased to remind subscribers that Russian Politics and Law: A Journal of Translations has been in transition to a bimonthly publication schedule over the course of 1993. Volume 31 is being published in six issues (Summer 1992-Fall 1993). Volume 32 will appear bimonthly in 1994 so that we may give fuller coverage to the rapidly changing field of political science and legal studies in the former Soviet Union.     

苏联法影响中国法制发展进程之回顾

在 2 0世纪中国历史上 ,苏联的革命法制理论和若干重要制度曾深刻地影响了中国的法制发展进程。孙中山曾主张“以俄为师”并进行过法制改革 ;中国共产党所领导下的人民民主政权的法制建设也是以苏联为标尺 ;新中国成立初期在创立社会主义法制的过程中 ,更是将苏联法全方位地移植到了中国。苏联法制为中国革命政党所接受与其自身的性质和中国革命的需要紧密相关。     

Publisher's Note

The publisher is pleased to remind subscribers that Russian Politics and Law: A Journal of Translations has been in transition to a bimonthly publication schedule over the course of 1993. Volume 31 has been published in six issues (Summer 1992-Fall 1993). Volume 32 will appear on a bimonthly basis in 1994. The increased frequency of publication will permit us to give fuller coverage to the rapidly changing field of political science and legal studies in the former Soviet Union.     

Problems of Modernizing the Constitutional Order

The author surveys different approaches to constitutional reform and summarizes the results of an expert study conducted by the Institute of Law and Public Policy.     

《中华人民共和国反垄断法》析评

The Anti-Monopoly Law of the People’s Republic of China has provided to prohibit monopoly agreements and abuse of dominant market position, control concentration of business operators and fight against administrative monopoly. The transformation of China’s economic system is incomplete, and the Anti-Monopoly Law has many flaws. At the initial stage of enforcing the Anti-Monopoly Law, severe challenges will occur in legislative purposes, enforcement authorities, fighting against administrative monopoly and handling of the relationship between anti-monopoly enforcement and industry supervision. Thus, the promulgation of the Anti-Monopoly Law is only the first step in the legislation on anti-monopoly. Wang Xiaoye held a bachelor’s degree of philosophy from Inner Mongolian Normal University (1981), LL.M. from Renmin University of China (1984) and Doctor Juris magna cum laude from the University Hamburg (1993). Since 1984, she works at the Institute of Law, Chinese Academy of Social Sciences (CASS). From 1988 to 1993, she studied in Germany based on Max-Planck Institute for Comparative Private Law. As visiting scholar she spent a year at Max-Planck Institute for Comparative Intellectual Property and Competition Law, and a year at Max-Planck Institute for Comparative Social Law in Munich. In 2004, she was invited to the US by the Antitrust Division of the Department of Justice. In 2005, she was invited to the European Union Visitors Program, and awarded a Fulbright Scholarship to spend a year at the Chicago-Kent College of Law. Prof. Wang works in the areas of economic law, international economic law, and focuses on competition law. Her publications include: Monopoly and Competition in the Chinese Economy — A conception for merger control in China in view of the American and German practices (J C B Mohr, 1993); Monopoly Problem in the Merger of Enterprises (Law Press, 1996); On Competition Law (China’s Legal Publishing House, 1999); Competition Law of European Community (China’s Legal Publishing House, 2001); Economic Law (Social Sciences Academic Press, 2005); Competition Law (Social Sciences Academic Press, 2007). She also has over 200 papers published in Chinese, German and English languages. Prof. Wang has served as vice president of National Association for Economic Law of China, the head of the Consultant Committee for WTO Trade and Competition Policy of the Ministry of Commerce, and member of the Expert Advisory Board for Anti-Monopoly Legislation of the State Council and the National People’s Congress. In her honor, she once lectured on competition law for the Standing Committee of the Ninth and Tenth People’s Congress. In international academic activities, she is a founding member of Academic Society for Competition Law (ASCOLA) and of the Asian Competition Forum, and member of International Advisory Board of the CUTS C-CIER. She lectured on Chinese law at ABA, IBA, IPBA, ACF, Harvard University, Columbia University, Washington University (St. Louis), New York University, KFTC, Chatham House, LIDC, IDRC and other institutions.     

Coercive psychiatry and human rights: An assessment of recent changes in the Soviet Union

Conclusion In light of the historical context in which the visit of the United States delegation took place, the emphasis was on the political abuse of psychiatry. It should be clear, however, that the repression of dissidents is only the most visible manifestation of a system of psychiatric control that has been, and continues to be, profoundly insensitive to human rights. Although some tentative steps have been taken to subject coercive psychiatry to the rule of law, these limited initiatives have not yet become operational. Implementation of the legal reforms recommended by the delegation would help to reduce the likelihood that the pattern of psychiatric repression will reemerge. But the proposed reforms have a larger purpose—to assure that the practice of psychiatry in the Soviet Union is properly respectful of fundamental human rights, whether or not the patients have engaged in political or religious dissent.This is a revised and expanded version of the Fifth Samuel and Kathryn Yochelson Lecture, delivered at Yale Law School, New Haven, Connecticut, U.S.A., September 28, 1989, and of a paper presented to the Second International Conference on Health Law and Ethics, London, England, July 21, 1989, which paper was reprinted in 18Law, Medicine, and Health Care 123 (1990).B.A., Johns Hopkins University 1966; LL.B., University of Virginia 1969. The author was one of two lawyers who served on an official United States Department of State delegation that visited the Soviet Union (February 26–March 12, 1989) at the request of the Soviet government to assess recent changes in psychiatry there. The U.S. delegation was led by Loren H. Roth, M.D., M.P.H. (psychiatric team leader) and Daniel A. Regier, M.D., M.P.H. (scientific director).This article summarizes the delegation's findings and, in so doing, draws heavily on its report, which was drafted by the delegation as a whole. However, the opinions expressed in this article are the author's and should not be attributed to the delegation.     

The Law on the Status of Deputies to the Soviets - In Action

The Law on the Status of Deputies to Soviets of Working People's Deputies in the USSR, adopted by the Supreme Soviet, has been in effect now for over a year and a half. Taking into consideration the special importance of exact and undeviating implementation of that law, the Committees on Legislative Proposals and the Mandate Committees of the two houses of the USSR Supreme Soviet have made a careful study of experience in carrying out this law and discussed this question in March 1974 at a joint meeting. A report to this meeting was presented by I. K. Lutak, deputy to the USSR Supreme Soviet and leader of a group of member-deputies of these committees who had prepared this question for consideration. G. I. Usmanov, chairman of the Council of Ministers of the Tatar Autonomous Soviet Socialist Republic and deputy to the USSR Supreme Soviet, presented a report on experience in applying the Law on the Status of Deputies, as did N. A. Evsigneev, chairman of the Executive Committee of the Voronezh Regional Soviet of Working People's Deputies. Animated discussion arose at the meeting. Participating in it were deputies R. Kh. Abdullaeva, L. T. Torkkeli, A. N. Balandin, F. S. Kuralenok, B. P. Beshchev (USSR minister of transportation), and also S. I. Gusev, deputy procuratorgeneral of the USSR. I. V. Kapitonov, chairman of the Committee on Legislative Proposals of the Council of the Union and a secretary of the CPSU Central Committee, also spoke at the meeting.     

The Law on Citizenship of the USSR

The new Law on USSR Citizenship, adopted by the USSR Supreme Soviet, December 1, 1978, is a notable contribution to carrying out the program of legislative activity deriving from the USSR Constitution of 1977. The issuance of such a law is envisaged directly in the Constitution, which reads: "The grounds and procedure for acquiring or forfeiting Soviet citizenship are defined by the Law on Citizenship of the USSR" (Article 33). The new law replaces the 1938 Law on USSR Citizenship. That law, consisting of only eight articles, no longer covers many questions of citizenship arising in practice at the present time. Various normative documents were adopted in addition thereto, including instructions by ministries and agencies regulating certain important relationships that should have been settled in law. In writing the new USSR Citizenship Law, the goal was to embrace all questions of citizenship requiring legislative regulation. The law reproduces the corresponding provisions of the USSR Constitution and gives consideration to provisions of the previously prevailing legislation on citizenship and to present practices in this regard. There are new provisions as well. The drafting of the bill was conducted on a broad democratic basis; participating were deputies to the USSR Supreme Soviet, the relevant ministries and agencies, the presidiums of supreme soviets of union republics, and representatives of the science of jurisprudence.     

The role of assessment in the continuing professional development of lawyers in England and Wales*

The University of Western Australia (UWA) has recently undertaken a restructure of all its courses. Under the new courses structure, law at UWA is offered at postgraduate Masters level only, as a three-year professional Juris Doctor (JD) degree rather than as an undergraduate Bachelor of Laws degree (LLB). In planning and preparing for the transition from teaching at an undergraduate Bachelor level to teaching at a postgraduate Masters level, the Law Faculty undertook a major review of its curriculum. An important objective of the review was to ensure that the new JD curriculum satisfies the current learning outcomes standards recently adopted by the Australian regulatory framework. The purpose of this article is twofold. First, the article provides a brief background to the changing legal education environment in Australia in the twenty-first century and considers some of the reasons for the adoption of the JD degree at UWA. Second, the article outlines from a practical perspective the planning, implementation and review processes that have been undertaken by the Faculty in meeting the challenges presented by the transition to the JD degree. The article concludes with a brief comment on the future challenges for the Faculty in implementing and maintaining the renewed curriculum.     

Against Exclusion: Teaching Transsystemically,Learning in Community

Law and Critique - In September 2018 the University of Victoria Faculty of Law on Vancouver Island, Canada welcomed its first cohort of students to its cutting edge and innovative joint degree...     

Chechnya's Right of Secession under Russian Constitutional Law

This article was written in a period of time when the escalationof the armed conflict in Northern Caucasus and particularlyin Chechnya reached the zenith of violence and unpardonablehuman slaughter.¹ Although contemporary international law doesnot accept the separatist movement's claims to create its ownstatehood, we have to look at the constitutional proceduresfor the modifications of the Fundamental Law of the RussianFederation: At the same time, the political situation afterthe dissolution of the former Soviet Union, the strong presidentialpowers in the constitutional hierarchy of executive organs,and the evident tensions between them and the Russian constitutionaltraditions have to be taken into account. The ambiguous and complicated character of the Chechen conflictis due to the fact that the Russian Federation has tried tokeep this conflict from the attention of the international communityby claiming that the Russian-Chechen conflict is an entirelyinternal matter. It is doubtful in this case if the Russianleadership, who have continued their tough policy, will finda peaceful solution to the almost ten-year armed conflict inthe region. Footnotes ^*LLM, Sofia University "Saint Kliment Ohridski", Faculty ofLaw.     

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.     

Review on the inefficiency and disorganization of judicial power

The reform of civil procedure has been taken as an important topic by both scholars and judges in the recent twenty years. Cases and judges’ practices offer materials and opportunities for scholars to carry out researches, which help judges find the direction of the reform on civil procedures. However, it is not advisable to reconstruct the absolute adversary system and pure due process in China to reduce the great power of the court. Therefore, it is essential to review on the basic theory of civil procedure and overcome the inefficiency and disorganization of the judicial power by regulating judges’ power and independence as well as their responsibilities. Xiao Jianhua, professor and doctoral tutor of China University of Politics and Law. He got a master degree in Southwest University of Politics and Law in 1995 and a doctor degree in China University of Politics and Law in 1998. He had been a Fulbright Visiting Scholar studying at Law School of Northwestern (USA) in 2003–2004. His research field covers civil procedural law and evidence law. His six books on civil procedural law and evidence law are published in China, his another book on bankruptcy will be published in England. Now his research is focused on comparative law.