Russian Law Journal

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Vol 8, No 4 (2020)
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4-29 586

Crimea was transferred to Ukraine by Russia in February 1954 in violation of not only of the constitutions of the USSR, Russia (RSFSR), and Ukraine (Ukrainian SSR) in force at that time, but also of the principles of international law. This thesis is substantiated by a detailed analysis of the legal acts that formalized the transfer of Crimea to Ukraine; by research into the historical context of their adoption; by an assessment of whether these acts conform to international legal standards; and by the testimony of the author of the present article, who consulted on draft Union Treaty in 1990–1991, in drafting laws of the Republic Crimea in 1994–1995, and in presenting the legal position of the Russian Federation on Crimea in the Venice Commission of the Council of Europe in March 2014. The author expands upon the legal position of Russia on Crimea and addresses existing conflicts in legislation of the Russian Federation as the legal continuer of the USSR and the RSFSR; applies the international legal means for protecting the interests and the will of the people of Crimea and to prevent further escalation of the confrontation between Russia and Ukraine.

30-52 388

Geopolitical tensions have periodically risen in the Asia-Pacific region due to territorial disputes between Japan and its neighbours over the Southern Kurils (the Northern Territories), the Diaoyu Islands (the Senkaku islands) and Tok Islet (Tok Islet (Dokdo)/ Takeshima). There is, of course, great discrepancy between the disputes over the Southern Kurils, the Diaoyu Islands and Tok Islet (Dokdo) in terms of their respective origin and legal nature, and effective control over them, and the historical and legal grounds on which the disputing states rely in their claims over the disputed territories vary widely. But what is consensual and definite is the fact that the islands in dispute were already excluded from the Japanese territory under the international legal acts deciding Japanese territory after World War II. The paper examines and analyzes Japanese reasoning behind its claim over the disputed territories in terms of relevant international legal acts relating to the delimitation of Japanese territory after World War II.

53-91 986

The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and to elaborate the outcomes of China’s recent legal developments. This paper has two main subjects. First, it examines the nature of law and rule of law in China through the prism of different legal theories. Secondly, by arguing from different political theories, it explains the necessity of customized legal system in China for establishing a Harmonious Socialist Society. By giving different examples from contemporary China, this thesis argues that the legality of the rule of law in China ought to be understood in the context of China’s economic and social progression rather than the western legal scholarship. China’s economic progress demands a customized legal system. In our thesis, we claim that the regular upgradation of laws and introduction of constitutional amendments in China, should be recognized as important achievement which is required for the institutional innovation. Legal progression in China during last decade perfectly fit into the framework of “Socialism with Chinese Characteristics” and is very crucial for building a harmonious socialist society. It is vivid from China’s economic growth and developed international relations. Finally, this paper suggests that the Chinese legal progression can be taken as successful example of legal experimentalism.

92-108 463

Exploring data on recidivism in Hungary and Russia, the authors study the presence gender dimension of crime prevention. We agree with the assertion that crimes are predominantly committed by males but they believe that theoretical hypotheses developed by criminologists through the examples of men’s crimes cannot be transferred to women by default. Feminist criminology deals with the relationship of female identity in Russian society and crime, above all, recidivism. Analysis of data on the state of crime in Russia shows that, despite the general positive dynamics of its decrease, the rate of recidivism remains at a high level. In Hungary rates of repetition of offences committed by women are also rising. The aim of the study is to analyze the causes and conditions of female recidivism through the prism of the socio-psychological concept of crime causality. The novelty of the study is expressed in establishing the asymmetry of the criminal policy towards women, who, due to their conformity, are more prone to manifestations of repeated deviation. The authors conclude that the intense increase in recidivism is evidence of the ineffectiveness of the criminal, prison and preventive policies.


109-139 397

The article discusses the prospects and impediments of collective bargaining legislation’s harmonization of six participants (China, Kazakhstan, Russia, Belarus, Poland, and Germany) in the railway project that has linked China and Europe and has become an integral part of the New Silk Road global initiative. To this effect, the authors have analyzed transnational companies’ experience in making collective contracts and have assessed the degree of the impact of international treaties on the aforementioned countries’ legislation in terms of their involvement in various international organizations’ activities and ratification of the most significant international acts. Based on a comparative analysis of a collective contract’s legislation, the authors have singled out some key features influencing transnational companies’ collective bargaining practices. The analysis revealed the norms and practices that impede and/or boost the extraterritorial application of transnational companies’ collective contracts. Since the countries are members of various international organizations, the international acts on freedom of collective bargaining made it possible to identify legal grounds for distinctions between the social partnership’s legal policies. A meticulous study of individual transnational companies’ collective bargaining agreements and practices enabled the authors to identify systemic links and the Transnational Companies’ (hereinafter – TNCs) practice of determinism due to international regulation and the laws of the country of origin. The research revealed the principal steps forward which should be taken to resolve the issues of extraterritorial application of TNCs’ collective agreements.

140-152 408

The comparative study focuses on corruption in commercial organisations, which has received considerable attention in both Russia and Germany in recent years. In both countries anti-corruption law has been harmonised by several international conventions to reflect the growing importance of world trade and increasing globalisation. The authors analyse the current criminal offences and the criminological characteristics in both countries. Whereas in Russia special criminal provisions were created under Chapter 23 (Articles 201, 202, 203, 204, 204.1 and 204.2 of the Criminal Code of the Russian Federation), in Germany the relevant corrupt conduct is covered by the traditional general criminal offence of embezzlement (§ 266 of the German Criminal Code (StGB)) and by newly created special corruption offences (§§ 299, 300 and 301 StGB). The authors show that in each of the two countries, Russia and Germany, corruption in commercial organisations is now considered a grave form of corruption, so that the international conventions are taken into account to some extent. In Germany, however, not only are the sanctions foreseen for corruption in commercial organisations considerably lower than those for corruption in the public sector, but the offences are only prosecuted on criminal complaint. In the practice of German criminal prosecution, these types of bribery offences have therefore so far had little significance. Nevertheless, a high number of undetected cases and large economic losses can be expected. Furthermore, the comparative legal study shows that there are not only considerable differences in the design of the criminal provisions as well as in the legal reality, but that there are also several common elements in Russia and Germany.

ISSN 2309-8678 (Print)
ISSN 2312-3605 (Online)