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.     

Church,State, and Society in the East

The articles in this issue of Russian Politics and Law examine the role of religion in state-society relations in Russia, with a specific focus on the Russian Orthodox Church. They highlight the role of the Church in modern Russian society and its relationship with the state, showing that as the relationship between Church and state has become closer, hopes that Patriarch Kirill would rejuvenate the Church have proved largely unfounded.     

Geopolitics from the Patriarch

The author criticizes the patriarch's address on the "Russian world" as a politicized expression of Russian imperial nationalism inconsistent with the universal ideals of Christianity.     

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.     

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.     

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.     

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.     

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。     

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.     

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。     

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.     

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。     

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。     

Not Thanks to But Despite

Although the Russian economy declined in 2015, the decline was not as serious as expected by Russian leaders. None of the disasters anticipated at the end of 2014 happened. The decline was moderated by continued demand from the main consumers of Russian raw materials, continued government financial support for the defense industry, and balancing changes in internal prices. The ruble has remained stable because it is largely dependent on the price of oil on world markets. The impact of Western sanctions on the Russian economy steadily declined throughout 2015. Although Russia avoided economic collapse, the prospect for the near future is continued stagnation, rather than renewed growth.     

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.     

Federal Assembly of the Russian Federation State Duma: Transcript of Session on April 13, 2012

Russian minister of internal affairs Rashid Nurgaliyev fends off criticism of members of the Russian Parliament and vows to continue to police reform.     

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。     

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。     

Death penalty politics and symbolic law in Russia

In contemporary Russia there is widespread support for the death penalty. Recent Russian presidents have endorsed the nation’s entry into the European Community (EC). The dilemma is that the price of membership into the EC is total abolition of capital punishment. The Russian Duma is much less popular than the president, even though it sides with public opinion in supporting capital punishment. Since 1997, these conflicting political positions have been temporarily neutralized by leaving capital punishment legislation in place but allowing the Russian president to offer clemency to all sentenced to death. In 1999, the Constitutional Court of Russia placed a moratorium on all death sentences until jury trials are re-introduced throughout the nation.     

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.