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。     

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。     

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.     

Interaction of the Russian Financial Markets

The different segments of he Russian financial markets are studied in the paper. The market crashed on 17 August 1998. We consider the stable period of the market between May 1996 and October 1997. We study the structure of interactions between the GKO market, stock market, currency market, currency futures market, GKO futures market, interbank credit market. We study the relations between the world financial market and the Russian financial market. It was shown that, in the period under consideration, different segments of the Russian financial market became more integrated and the market as whole became more stable and more integrated in the international capital flows.     

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.     

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.     

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.     

俄罗斯民法典中私法自治原则的理性回归

前苏联时期，私法自治这一重要的民法基本原则遭到了根本否定。而前苏联解体后，在新颁布实施的《俄罗斯联邦民法典》中，则对这一原则又给予了重新肯定，使其得以实现回归。本文拟对其私法自治原则回归的理论准备、精神内核以及回归后的司法尝试活动进行探讨，以期拓展对俄罗斯民事立法的理论认识。     

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.     

An Eye Will Be Kept on the Police

Russian minis1ter of internal affairs Rashid Nurgaliyev believes that the problems of the police are characteristic of the whole of Russian society, which still suffers from a shortage of education, morality, and upbringing.     

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.     

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。     

Constitutional Judicial Review in the Russian Federation

The institution of constitutional judicial review has acquired a new legal foundation for its application: the Constitution of the Russian Federation (RF), adopted on 12 December 1993; the federal constitutional Law on the Constitutional Court of the Russian Federation of 21 June 1994; and other acts. However, the opportunities for full implementation of this new legislation on constitutional judicial review in the Russian Federation are constrained by problems from the past: first of all, by the problem of depoliticization, which has assumed exaggerated proportions as a result of the lack of practical success that marked the first stage of the Constitutional Court's operation in Russia. The resolution of this problem has become a condition for the viability of specialized constitutional judicial review in the RF. The difficulty of understanding and mastering this problem is further aggravated by the ambiguous nature of the institution of constitutional judicial review, not only in the Russian model but also in the classical model of its organization. For it is indisputable that constitutional judicial review is a component of the mechanism of judicial authority, regardless of where it is situated in the constitutional structure of power. However, constitutional judicial review cannot be wholly equated with traditional judicial functions since it is at the same time also a political activity undertaken through a jurisdictional form.     

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.     

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.     

Urban infant mortality and religion at the end of the nineteenth and in the early twentieth century: the case of Ekaterinburg,Russia

Modern demographers analyse regional and other infant mortality differentials as important factors behind the current life expectancy of Russian citizens. Historically, however, the Russian Empire is simply displayed as one block with high infant mortality rates. Also with respect to cultural background factors, Russia is often perceived as religiously homogeneous with the Orthodox Church dominating the country. In reality, Russia has a long history of coexisting religious traditions. This includes both provinces with a majority of Catholics, Muslims, Buddhists or shamanistic populations as well as territories characterized by religious diversity and significant minority religions. Our project studies minority religious groups in the Urals, a province by the Ural Mountains stretching into Asia. While no territory can claim to be truly representative of this mega-country, we believe that this centrally located province is well suited to show some of the Russian variety, including differential infant mortality among the followers of minority religions, which is the topic of this article. We employ church record microdata to study Catholics, Jews and Old Believers in the main metal-producing city of Ekaterinburg.     

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.     

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。     

Procuracy Supervision of the Implementation of Laws Concerning the Prevention of Child Neglect

Russian reality is such that child neglect is perceived almost as a normal phenomenon. Poverty, family breakdown, the weakening of the school's upbringing function, youth unemployment, and the low level of legal culture of the population are the main factors behind the growing number of neglected adolescents.     

The problems of personnel training for military forensic medical expertise under the current reform of the military forces in the Russian Federation

The educational sphere is becoming a major priority in the state policy. The Concept of national security for the Russian Federation regards intellectual impairment as a most serious internal threat to the military security. It declares that the operational efficiency of the armed forces should be based on high-quality education of specialists. The current reform of the military forces in the Russian Federation envisages the modification of the forensic medical expertise and the system of training relevant personnel. The post-diploma education of forensic medical experts encounters difficulties at all levels. In all probability, such education will be performed in the near future through the primary retraining mechanism. In the course of the ongoing reform, the Department of Forensic Medicine at the Military Medical Academy remains the sole facility for the post-diploma education of military forensic medical experts. The teaching staff of the department have sufficient qualification and experience for training highly skilled specialists as stipulated by the reform of the military forces in the Russian Federation.