1 March 31, 2016
Articles and Statements
1. Frank Altemöller
Counterterrorism and Data Transfers in International Trade
Russian Journal of Comparative Law, 2016, Vol. (7), Is. 1, pp. 4-10.
Number of views: 1185 Download in PDF
2. David ÁlvarezRussian Journal of Comparative Law, 2016, Vol. (7), Is. 1, pp. 4-10.
Abstract:
The ongoing developments show the growing threat posed by international terrorism – including to global trade. This article begins by outlining the initiatives being taken by the US and the European Union for trade security. Their success is, to a considerable extent, dependent on transfers of information between the participating states. But what is the effect of information sharing on the security of data provided by participating companies, for the privacy of citizens and, ultimately, for national sovereignty and the rule of law? This conflict, however, reaches even further. It goes beyond the "issue of security" and impacts deeply on the relationship between the US and the European Union. The article explores the role of public authorities of the US and the EU and the implementation of the relevant international laws and regulations.
The ongoing developments show the growing threat posed by international terrorism – including to global trade. This article begins by outlining the initiatives being taken by the US and the European Union for trade security. Their success is, to a considerable extent, dependent on transfers of information between the participating states. But what is the effect of information sharing on the security of data provided by participating companies, for the privacy of citizens and, ultimately, for national sovereignty and the rule of law? This conflict, however, reaches even further. It goes beyond the "issue of security" and impacts deeply on the relationship between the US and the European Union. The article explores the role of public authorities of the US and the EU and the implementation of the relevant international laws and regulations.
Number of views: 1185 Download in PDF
The New Spanish Act on the Common Administrative Procedure of the Public Administrations
Russian Journal of Comparative Law, 2016, Vol. (7), Is. 1, pp. 11-19.
Number of views: 1167 Download in PDF
3. Peri IzmaylovaRussian Journal of Comparative Law, 2016, Vol. (7), Is. 1, pp. 11-19.
Abstract:
The article examines the Spanish legal system that has been originated in the previous autocratic regime, related to the Common Administrative Procedure. The Government has been reducing until the body top in which ends the State Administration, consequently, conceiving it as a mere appendage or extension of it, which would share their administrative nature. The article 97 of the Constitution definitely discards this conception and retrieves the political scope of the function of governing, inspired by the principle of democratic legitimacy. These traits define the Government and the Administration as constitutionally different public institutions and establishing the subordination of the Administration to the political direction of the precise Government. It must be noted now that the framework governing the legal regime of public administrations is the subject of an express policy adaptation, which configures with consistency and harmony constitutional principles. The Constitution guarantees the subjection of Public Administrations to the principle of legality, both with regard to the rules governing its organization and the legal regime, the administrative procedure and the accountability system. On the other hand, the Local Administration has a legal regime is established in the same article 149.1.18. The Constitution has a specific regulation in the current “Ley de Bases” that does not offer any difficulty of adaptation to the objectives of this Act and which does not require specific modifications.
The article examines the Spanish legal system that has been originated in the previous autocratic regime, related to the Common Administrative Procedure. The Government has been reducing until the body top in which ends the State Administration, consequently, conceiving it as a mere appendage or extension of it, which would share their administrative nature. The article 97 of the Constitution definitely discards this conception and retrieves the political scope of the function of governing, inspired by the principle of democratic legitimacy. These traits define the Government and the Administration as constitutionally different public institutions and establishing the subordination of the Administration to the political direction of the precise Government. It must be noted now that the framework governing the legal regime of public administrations is the subject of an express policy adaptation, which configures with consistency and harmony constitutional principles. The Constitution guarantees the subjection of Public Administrations to the principle of legality, both with regard to the rules governing its organization and the legal regime, the administrative procedure and the accountability system. On the other hand, the Local Administration has a legal regime is established in the same article 149.1.18. The Constitution has a specific regulation in the current “Ley de Bases” that does not offer any difficulty of adaptation to the objectives of this Act and which does not require specific modifications.
Number of views: 1167 Download in PDF
On Effect of a State Officer’s Immunity in Case of Violation of Discrete Categories of International Law Norms
Russian Journal of Comparative Law, 2016, Vol. (7), Is. 1, pp. 20-28.
Number of views: 1199 Download in PDF
4. Viacheslav LiubashenkoRussian Journal of Comparative Law, 2016, Vol. (7), Is. 1, pp. 20-28.
Abstract:
The article examines the legal basis on effect of a state officer’s immunity in case of violation of discrete categories of international law norms. An opinion that the state immunity has effect only in respect of sovereign acts and that international crimes in no way can be considered as sovereign acts, particularly so when violation of jus cogens norms in question has a wide prevalence. Particularly often this argument is employed when a state immunity is denied in the process of civil proceedings. Also the article deals with the possibility to extend the ratione materiae immunity to an officer accused in an international crime perpetration. Immunity is spread only on sovereign actions, i. e. acts committed by the state authority, neither states nor their officers can insulate themselves from another state’s jurisdiction if the case in hand is an international crime because such crimes for the most part represent violations of jus cogens norms and therefore cannot be sovereign acts.
The article examines the legal basis on effect of a state officer’s immunity in case of violation of discrete categories of international law norms. An opinion that the state immunity has effect only in respect of sovereign acts and that international crimes in no way can be considered as sovereign acts, particularly so when violation of jus cogens norms in question has a wide prevalence. Particularly often this argument is employed when a state immunity is denied in the process of civil proceedings. Also the article deals with the possibility to extend the ratione materiae immunity to an officer accused in an international crime perpetration. Immunity is spread only on sovereign actions, i. e. acts committed by the state authority, neither states nor their officers can insulate themselves from another state’s jurisdiction if the case in hand is an international crime because such crimes for the most part represent violations of jus cogens norms and therefore cannot be sovereign acts.
Number of views: 1199 Download in PDF
Approaches to National Implementation of the Responsibility to Protect
Russian Journal of Comparative Law, 2016, Vol. (7), Is. 1, pp. 29-37.
Number of views: 1182 Download in PDF
5. Tetiana V. MelnychukRussian Journal of Comparative Law, 2016, Vol. (7), Is. 1, pp. 29-37.
Abstract:
The article seeks to examine the approaches of states, namely the UK, Germany, France, the USA, South Africa, to the domestic implementation of the responsibility to protect, particularly the responsibility of the state as a member of the international community to protect. It contains an analysis of the position of states on the legal nature of the responsibility to protect concept, foreign policy of states and their activities in international organizations towards the implementation of the responsibility to protect, as well as the position on the military intervention. Author argues that there are two approaches to the implementation of the responsibility to protect: formalistic and institutional. The formalistic approach can be described as the implementation of the responsibility to protect in the foreign policy of the state without a corresponding reinforcement of the mechanisms on its implementation. The institutional approach stipulates the implementation of the responsibility to protect both in the foreign policy doctrine of the state and in the internal state structure, which allows to coordinate policies and to identify an integrated approach of the state to the implementation of the responsibility to protect.
The article seeks to examine the approaches of states, namely the UK, Germany, France, the USA, South Africa, to the domestic implementation of the responsibility to protect, particularly the responsibility of the state as a member of the international community to protect. It contains an analysis of the position of states on the legal nature of the responsibility to protect concept, foreign policy of states and their activities in international organizations towards the implementation of the responsibility to protect, as well as the position on the military intervention. Author argues that there are two approaches to the implementation of the responsibility to protect: formalistic and institutional. The formalistic approach can be described as the implementation of the responsibility to protect in the foreign policy of the state without a corresponding reinforcement of the mechanisms on its implementation. The institutional approach stipulates the implementation of the responsibility to protect both in the foreign policy doctrine of the state and in the internal state structure, which allows to coordinate policies and to identify an integrated approach of the state to the implementation of the responsibility to protect.
Number of views: 1182 Download in PDF
Developmental Theories and Criminometric Methods in Modern Criminology: Analytical Overview
Russian Journal of Comparative Law, 2016, Vol. (7), Is. 1, pp. 38-47.
Number of views: 1170 Download in PDF
6. Pekka RiekkinenRussian Journal of Comparative Law, 2016, Vol. (7), Is. 1, pp. 38-47.
Abstract:
The scientific interest in studying the functional dependence of crime intensity on socioeconomic processes has led to the emergence of contradictory concepts that are based on different hypotheses. The assessment of the merits and disadvantages of developmental theories shows that each research is valid for certain offenses in certain time and conditions due to the nonlinear development of countries. Therefore the context – economic, social and cultural parameters of development and crime – should be taken into account in order to elaborate the explanatory statements of criminalization. Criminometrics seems to become a scientific brunch engaged in the construction of formal criminological models and their quality evaluation. It creates the possibility to construct models using mathematic methods, separating the essential variables from the inessential ones, identifying variables’ dependence (multicollinearity).
The scientific interest in studying the functional dependence of crime intensity on socioeconomic processes has led to the emergence of contradictory concepts that are based on different hypotheses. The assessment of the merits and disadvantages of developmental theories shows that each research is valid for certain offenses in certain time and conditions due to the nonlinear development of countries. Therefore the context – economic, social and cultural parameters of development and crime – should be taken into account in order to elaborate the explanatory statements of criminalization. Criminometrics seems to become a scientific brunch engaged in the construction of formal criminological models and their quality evaluation. It creates the possibility to construct models using mathematic methods, separating the essential variables from the inessential ones, identifying variables’ dependence (multicollinearity).
Number of views: 1170 Download in PDF
Municipalities in Finland: Constitutional and Human Rights Related Issues
Russian Journal of Comparative Law, 2016, Vol. (7), Is. 1, pp. 48-55.
Number of views: 1202 Download in PDF
7. Russian Journal of Comparative Law, 2016, Vol. (7), Is. 1, pp. 48-55.
Abstract:
Departing from the principle of municipal autonomy the article overviews the history and the competence of modern municipalities in Finland. It moves to the issues of welfare functions of municipalities regarding implementing economic, social, and cultural rights. The main constitutional problem which arises when one focuses on the welfare functions of Finnish municipalities is the on-going social services reform in Finland, known as “SOTE”. This reform aims at creating new social and health service production districts replacing the existing municipalities currently carrying out such welfare functions. In the present constitutional settings of Finland several important public law dilemmas stem from the “SOTE” project. We analyze these problems and come to a conclusion that direct local elections to the social district management board would allow one to avoid decisive constitutional problems deriving from the constitutional right to local democracy.
Departing from the principle of municipal autonomy the article overviews the history and the competence of modern municipalities in Finland. It moves to the issues of welfare functions of municipalities regarding implementing economic, social, and cultural rights. The main constitutional problem which arises when one focuses on the welfare functions of Finnish municipalities is the on-going social services reform in Finland, known as “SOTE”. This reform aims at creating new social and health service production districts replacing the existing municipalities currently carrying out such welfare functions. In the present constitutional settings of Finland several important public law dilemmas stem from the “SOTE” project. We analyze these problems and come to a conclusion that direct local elections to the social district management board would allow one to avoid decisive constitutional problems deriving from the constitutional right to local democracy.
Number of views: 1202 Download in PDF