3 September 27, 2016
Articles and Statements
1. Dusan D. Dabovic
The Fundaments of Agricultural Law in the Republic of Serbia
Russian Journal of Comparative Law, 2016, Vol. (9), Is. 3, pp. 59-67.
Number of views: 1092 Download in PDF
2. Arsen A. DanelyanRussian Journal of Comparative Law, 2016, Vol. (9), Is. 3, pp. 59-67.
Abstract:
The aim of this article is to determine the fundaments of agricultural law as a separate area of law in the Republic of Serbia. We study theoretical basis, current state of legal framework of agricultural activities, and corresponding international legal obligation of Serbia regarding agricultural law. The paper starts with a brief introduction, followed by the section with the overview of the basic elements of this area of law in Serbia (definitions, object of legal regulation, relationships with other legal disciplines and areas of law, legal sources and institutions). The author continues with examining the current legal framework of agricultural activities in Serbia, i.e., the constitutional basis and the statutory regulation. The final chapter overviews the provisions of international law regarding agriculture (those treaties which are ratified by Serbia) at the universal and regional level.
The aim of this article is to determine the fundaments of agricultural law as a separate area of law in the Republic of Serbia. We study theoretical basis, current state of legal framework of agricultural activities, and corresponding international legal obligation of Serbia regarding agricultural law. The paper starts with a brief introduction, followed by the section with the overview of the basic elements of this area of law in Serbia (definitions, object of legal regulation, relationships with other legal disciplines and areas of law, legal sources and institutions). The author continues with examining the current legal framework of agricultural activities in Serbia, i.e., the constitutional basis and the statutory regulation. The final chapter overviews the provisions of international law regarding agriculture (those treaties which are ratified by Serbia) at the universal and regional level.
Number of views: 1092 Download in PDF
On the Effectiveness of Criminal Investigation Related to Armed Conflicts
Russian Journal of Comparative Law, 2016, Vol. (9), Is. 3, pp. 68-73.
Number of views: 1075 Download in PDF
3. Andreas Donatsch, Mischa DemarmelsRussian Journal of Comparative Law, 2016, Vol. (9), Is. 3, pp. 68-73.
Abstract:
This article examines legal problems of arranging effective criminal investigation related to armed conflicts. Modern technologies are increasingly relied on in order to ensure the integrity, objectiveness, and reliability of result of special expert procedures. Consideration is given to the possibility of implementing the so-called “offensive approach” in criminal investigation. The author also examines legal relationships this approach and the active position of civil society in the process of the said investigations. The importance of the expert own initiative in dealing with the evidence is also highlighted. Investigation of crimes related to armed conflicts is a complex issue entailing not only the issues of criminal procedure but the issue of implementing human rights at large.
This article examines legal problems of arranging effective criminal investigation related to armed conflicts. Modern technologies are increasingly relied on in order to ensure the integrity, objectiveness, and reliability of result of special expert procedures. Consideration is given to the possibility of implementing the so-called “offensive approach” in criminal investigation. The author also examines legal relationships this approach and the active position of civil society in the process of the said investigations. The importance of the expert own initiative in dealing with the evidence is also highlighted. Investigation of crimes related to armed conflicts is a complex issue entailing not only the issues of criminal procedure but the issue of implementing human rights at large.
Number of views: 1075 Download in PDF
Covert Post and Telecommunications Surveillance in Swiss Criminal Proceedings
Russian Journal of Comparative Law, 2016, Vol. (9), Is. 3, pp. 74-83.
Number of views: 1036 Download in PDF
4. Irina NainodinaRussian Journal of Comparative Law, 2016, Vol. (9), Is. 3, pp. 74-83.
Abstract:
This article discusses the covert surveillance of post and telecommunications as a coercive measure in Swiss criminal proceedings. Since such surveillance interferes with a number of fundamental rights and freedoms, it should meet the requirements of human rights limitations. Firstly, the offence must constitute a so-called “catalogue offence” under Art. 269 para. 2 of the Swiss Code of Criminal Procedure. Further, there must be a strong evidence to suspect that such a catalogue offence has been committed in reality. In addition, the seriousness of the offence must justify the surveillance. Finally, previously undertaken investigative activities must have proven to be unsuccessful, or there are grounds to suspect that in absence of such surveillance the investigation will not succeed or will likely become disproportionately more complicated. Against this background, the authors analyze the latest amendments to the Federal Statute on the Surveillance of Post and Telecommunications (the BÜPF) and their impact on the conduct of criminal proceedings.
This article discusses the covert surveillance of post and telecommunications as a coercive measure in Swiss criminal proceedings. Since such surveillance interferes with a number of fundamental rights and freedoms, it should meet the requirements of human rights limitations. Firstly, the offence must constitute a so-called “catalogue offence” under Art. 269 para. 2 of the Swiss Code of Criminal Procedure. Further, there must be a strong evidence to suspect that such a catalogue offence has been committed in reality. In addition, the seriousness of the offence must justify the surveillance. Finally, previously undertaken investigative activities must have proven to be unsuccessful, or there are grounds to suspect that in absence of such surveillance the investigation will not succeed or will likely become disproportionately more complicated. Against this background, the authors analyze the latest amendments to the Federal Statute on the Surveillance of Post and Telecommunications (the BÜPF) and their impact on the conduct of criminal proceedings.
Number of views: 1036 Download in PDF
Liability of the Mediator in France and Russia
Russian Journal of Comparative Law, 2016, Vol. (9), Is. 3, pp. 84-90.
Number of views: 1075 Download in PDF
5. Ika Riswanti PutrantiRussian Journal of Comparative Law, 2016, Vol. (9), Is. 3, pp. 84-90.
Abstract:
This article undertakes comparative analysis of legal liability of the mediator in France and in Russia. Mediation is understood as an alternative method of dispute resolution which is widely-used in European countries. Mediation in France has been practiced for several decades. In Russia the Federal law on mediation was introduced only in 2010. This article attempts to identify both, common features and the differences, in legal regulation of mediation process in these two jurisdictions. Although the mediators bear similar types of liability in France and in Russia, legal approaches to establish such liability are different. Comprehension of legal liability of mediators entails examination of the following elements: regulation of failure to disclose the conflict of interest, breaches of specific contractual provisions, violations of confidentiality rules, false advertising, as well as engagement in legal practice.
This article undertakes comparative analysis of legal liability of the mediator in France and in Russia. Mediation is understood as an alternative method of dispute resolution which is widely-used in European countries. Mediation in France has been practiced for several decades. In Russia the Federal law on mediation was introduced only in 2010. This article attempts to identify both, common features and the differences, in legal regulation of mediation process in these two jurisdictions. Although the mediators bear similar types of liability in France and in Russia, legal approaches to establish such liability are different. Comprehension of legal liability of mediators entails examination of the following elements: regulation of failure to disclose the conflict of interest, breaches of specific contractual provisions, violations of confidentiality rules, false advertising, as well as engagement in legal practice.
Number of views: 1075 Download in PDF
EU Regulations on Illegal, Unreported, and Unregulated Fishing (IUU): Implications for ASEAN Community Fisheries Legal Frameworks
Russian Journal of Comparative Law, 2016, Vol. (9), Is. 3, pp. 91-105.
Number of views: 1108 Download in PDF
Russian Journal of Comparative Law, 2016, Vol. (9), Is. 3, pp. 91-105.
Abstract:
Illegal, Unreported, and Unregulated (IUU) fishing is considered as a process which could undermine market competition and cause economic harm to fishermen, and legal fishing industry as a whole. The fish resulted from IUU fishing has the possibility to enter into the supply chain of extra and intra-regional fisheries trading system. Market is a backbone of the ASEAN Economic Community (AEC) construction, where the regulatory and market policies must be favorable to the business environment and competition. Market distortion can cause large-scale loss in industrial fishing, from upstream industries to the downstream of fishery industries. It affects economic operators of marine fisheries. In the last decades the ASEAN as regional organization has been promoting fisheries management to reduce the illegal and destructive fishing. On the other hand, the EU is one of the successful economic regions where the member states integrate own markets into a single market. The EU common fisheries policy has elaborated through many improvements and changes along with the dynamics of the global economy the policies which conditioned the establishment of common fisheries market of a high standard. The common fisheries market is the central engine used by the EU to combat IUU fishing. Therefore, there are two questions raised in this study i.e., to what extent the ASEAN Community Fisheries Legal Framework harmonization is constructed under the AEC? What is the legal implication of the European Union IUU fishing regulations on the construction of the ASEAN Community Fisheries Legal Framework?
Illegal, Unreported, and Unregulated (IUU) fishing is considered as a process which could undermine market competition and cause economic harm to fishermen, and legal fishing industry as a whole. The fish resulted from IUU fishing has the possibility to enter into the supply chain of extra and intra-regional fisheries trading system. Market is a backbone of the ASEAN Economic Community (AEC) construction, where the regulatory and market policies must be favorable to the business environment and competition. Market distortion can cause large-scale loss in industrial fishing, from upstream industries to the downstream of fishery industries. It affects economic operators of marine fisheries. In the last decades the ASEAN as regional organization has been promoting fisheries management to reduce the illegal and destructive fishing. On the other hand, the EU is one of the successful economic regions where the member states integrate own markets into a single market. The EU common fisheries policy has elaborated through many improvements and changes along with the dynamics of the global economy the policies which conditioned the establishment of common fisheries market of a high standard. The common fisheries market is the central engine used by the EU to combat IUU fishing. Therefore, there are two questions raised in this study i.e., to what extent the ASEAN Community Fisheries Legal Framework harmonization is constructed under the AEC? What is the legal implication of the European Union IUU fishing regulations on the construction of the ASEAN Community Fisheries Legal Framework?
Number of views: 1108 Download in PDF
Reviews
6. Mariya Riekkinen
Review: European Union Law: a Textbook for Master’s Degree Students / ed. P. Biriukov and V. Tuliakov. Voronezh: VSU Publishing House, 2016. 476 p.
Russian Journal of Comparative Law, 2016, Vol. (9), Is. 3, pp. 106-108.
Number of views: 1041 Download in PDF
7. Russian Journal of Comparative Law, 2016, Vol. (9), Is. 3, pp. 106-108.
Abstract:
This article is a review of the textbook “The Law of the European Union” [1], published by Voronezh State University (Russia). The textbook, comprising several contributions by Russian and Ukrainian legal scholars, adds to the existing collections of course materials on EU law. Since the events in East Ukraine have resulted in amendments to Article 65 of the 1993 RF Constitution, which nowadays states that the Republic of Crimea and Sevastopol City are constitutive subjects of the Russian Federation, Russia-EU relationships have become increasingly complex. EU-driven economic sanctions and Russian-steered countersanctions have inevitably engendered manifold economic, political and socio-cultural consequences in Russia. In the light of the said events, studying the law of the European Union becomes especially significant for Russian law students. Such contributions by Russian and Ukrainian scholars scrutinizing the legal foundations of the European Union are timely and very welcome efforts in the sense of disseminating information about the EU among future legal professionals.
This article is a review of the textbook “The Law of the European Union” [1], published by Voronezh State University (Russia). The textbook, comprising several contributions by Russian and Ukrainian legal scholars, adds to the existing collections of course materials on EU law. Since the events in East Ukraine have resulted in amendments to Article 65 of the 1993 RF Constitution, which nowadays states that the Republic of Crimea and Sevastopol City are constitutive subjects of the Russian Federation, Russia-EU relationships have become increasingly complex. EU-driven economic sanctions and Russian-steered countersanctions have inevitably engendered manifold economic, political and socio-cultural consequences in Russia. In the light of the said events, studying the law of the European Union becomes especially significant for Russian law students. Such contributions by Russian and Ukrainian scholars scrutinizing the legal foundations of the European Union are timely and very welcome efforts in the sense of disseminating information about the EU among future legal professionals.
Number of views: 1041 Download in PDF