Russian law: theory and practice №2 – 2017

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TABLE OF CONTENTS

• From the Editor-in-Chief С. 5-6

CONSTITUTIONAL LAW AND ECONOMY

• Efimtseva Tatiana V., Shadrin Stanislav A.

  The Content of the Right to Information According to the Legislation of the Russian Federation: the Ratio of Private and Public С. 7-16

  Efimtseva Tatiana V. Doctor of Law, Associate Professor, Head of the Entrepreneurial and Natural Resources Law Department, Orenburg Institute (Branch) of Moscow State Law University named after O.E. Kutafin (MSAL)
  
  Shadrin Stanislav A. Lecturer, Chair of Constitutional and Municipal Law, Law Faculty, Orenburg State Agrarian University

  The article reveals the content of the constitutional right to information and raises problems associated with the exercise of this right, including the right to access to information, the right to privacy, the right to protection of information.

  Key words: information, right to information, access to information, confidentiality of information, protection of the right to information, selfprotection of the right to information.

• Sergeev Andrei M.

  On the Perspectives of Russian Studies on Constitutional Economics С. 17-25

  Sergeev Andrei M. Candidate of Economic Sciences, Head of Economic Theories Subdepartment, Ural State Law University, Yekaterinburg

  The article analyses topical issues of the concept of constitutional economics. The author underlines that it is actively being developed in industrial countries. The main vector of its development is focused on the study of the structure and monitoring mechanism of constitutional control. On the other hand, the article analyses the concept of constitutional economics from the perspective of theorists of the Russian school of law. The author makes conclusions and offers further study and improvement of the concept.

  Key words: constitutional economics, concepts and models, the Russian perspective, main vectors of study.

ECONOMY, BUSINESS AND LAW

• Egorova Maria A.

  A Set of Actions on Economic Concentration С. 26-36

  Egorova Maria A. Doctor of Law, Associate Professor, Department of Entrepreneurial and Corporate Law, Law Faculty named after M.M.Speransky, Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration (RANEPA), Member of the Security of Entrepreneurial Activity Committee of the RF Chamber of Commerce and Industry

  The article focuses on the issues of economic concentration, and namely offers a comprehensive analysis of the Protection of Competition Act. The author makes a list of criteria of the state control over economic concentration and analyses not only flaws of this phenomenon but offers changes to be introduced in the legislative regulation of economic concentration transactions.

  Key words: economic concentration, the Protection of Competition Act, state control over economic concentration, criteria of control, the anticompetitive effect of corporate economic concentration transactions.

• Panova Albina S.

  Contractual Regulation of Certification of Goods (Works, Services) in Civil Law С. 37-46

  Panova Albina S. PhD (Law), Associate Professor, Head of the Civil and Entrepreneurial Law Department, Kazan Innovative University named after V.G. Timiryasov (IEML), Kazan, Russia

  The article considers the issues of regulating relations in the field of certification of products (works, services) by a civil law contract. Special attention is paid to the content of the contract for the provision of certification services.

  Key words: certification, test, production (work, service), reimbursable services contracts, Civil Code of the Russian Federation.

• Lukyanova Vlada Yu.

  Technical Regulations on the Safety of Chemical Products in the System of Legal Arrangements for Chemical Safety of the Russian Federation С. 47-62

  Lukyanova Vlada Yu. Ph.D. (Philosophy), Head of the Legal Analysis and Forecasting Department of the Institute of Legislation and Comparative Law under the Government of the Russian Federation

  The article examines some aspects of the legal regulation of issues concerning the chemical safety protection of the Russian Federation. It reveals the factors decreasing the level of chemical safety of our country, as well as legal arrangements which can help remove the negative effect of these factors, or at least substantially reduce them. Special attention is paid to the role that two regulatory legal acts, which have been currently adopted, but have not come into force yet, can play in solving the above-mentioned issues. They are technical regulations on safety of chemical products passed by Resolution of the Government of the Russian Federation No.1019 of October 7, 2016 and technical regulations of the Eurasian Economic Union TR EAEU 041/2017 On Safety of Chemical Products. There is an analysis of the technical regulation measures introduced by the specified technical regulations — identification of chemical products, classification and registration of chemical substances, etc. There are identified factors, which can cause efficiency reduction of the technical regulation as one of the tools to ensure chemical safety of the Russian Federation, and also possible ways and methods to eliminate them.

  Key words: chemical safety, technical regulation, the Eurasian Economic Union, classification of chemical products, registration of chemical substances.

• Vagina Olga V., Gaevskaya Ekaterina Yu.

  Legal Issues of Ensuring Environmental Security in the Russian Federation: Cross-Sectoral Aspects С. 63-73

  Vagina Olga V. Associate Professor, PhD (Law), Department of Land and Environmental Law, Ural State Law University, Yekaterinburg
  
  Gaevskaya Ekaterina Yu. Associate Professor, PhD (Law), Department of Land and Environmental Law, Ural State Law University, Yekaterinburg

  The article focuses on cross-sectoral aspects of ensuring environmental security, examining them in more detail from the viewpoint of administrative and criminal law, and particularly on the problem of ensuring environmental security in an industry such as transport infrastructure.

  Key words: environmental law, environmental security, cross-sectoral aspects, administrative law, criminal law, ecological security in transport.

ARBITRAL PROCEEDINGS

• Reshetnikova Irina V.

  15 Years towards the Adversarial Principle in Commercial Litigation С. 74-82

  Reshetnikova Irina V. Chair of the Commercial Court of the Ural Federal District, Doctor of Law, Professor, Honoured Lawyer of the Russian Federation

  The author analyses the history of developing the adversarial principle in Russian commercial litigation, the adoption of the Commercial Procedure Code of the Russian Federation.

  Key words: adversarial principle, the Commercial Procedure Code of the Russian Federation, pre-trial settlement of disputes, specific features of summary proceedings, convergence of adversarial and inquisitorial proceedings.

• Yarkov Vladimir V.

  Recognition and Enforcement of Judgements Between the EU and Russia: Possible Perspectives

  Yarkov Vladimir V. Professor, Doctor of Law, Head of Civil Procedure Subdepartment, Ural State Law University, Yekaterinburg

  The article focuses on the main stages in developing relations in the sphere of legal cooperation between the Russian Federation and the European Union. The author analyses the issue of recognizing and enforcing foreign judicial decisions and offers a possible structure of the agreement between Russia and the European Union.

  Key words: recognition and enforcement of foreign judicial decisions, a legal model for mutual recognition and enforcement of judicial acts, an Agreement between Russia and the European Union on Jurisdiction, Recognition and Enforcement of Judgements in Civil and Commercial Matters.

• Malyshkin Alexander V.

  Customs in the Russian Judicial Practice and their Interaction with the Law in Integrated Judicial Acts С. 92-102

  Malyshkin Alexander V. Chairman of the Vladimir Regional Court, Associate Professor of the Court Practice Department of the Vladimir State University named after A.G. and N.G. Stoletovs, PhD (Law)

  The article analyses the interaction of customs and legal norms in the regulation of social relations. Based on the study of judicial practice, the author reveals specific features of judicial acts in which the norms of customs are applied to resolve cases.

  Key words: social regulation, sources of law, customs, folk laws, traditions, integrated legal acts, judicial power, judicial acts.

PERSONALITIES

• Belykh Vladimir S.

  Who is Mr.Putin? С. 103-119

  Belykh Vladimir S. Professor, Doctor of Law, Head of Entrepreneurial Law Department, Ural State Law University, Yekaterinburg, Russia

  The article is devoted to the biography of the Russian President Vladimir Putin and to the main stages in his political career. Special attention is paid to the former mayor of St. Petersburg Anatoly Sobchak and his team. The author analyses domestic and foreign policy of Russia during the presidency of V.Putin making some conclusions and proposals.

  Key words: Vladimir Vladimirovich Putin, short biography, years of study and political career, presidency, domestic and foreign policy of Russia, national security of the Russian Federation.

• Ratz Sergey V., Milutenko Nadezhda I.

  Mikhail Koltsov in Spain and Soviet Foreign Intelligence (1936-1938) С. 120-132

  Ratz Sergey V. Assistant Professor, Institute of Philosophy, Saint Petersburg State University, PhD (Candidate of Political Sciences)
  
  Milutenko Nadezhda I. Assistant Professor, Institute of History, Saint Petersburg State University, PhD (Candidate of Philological Sciences)

  The article is devoted to the literary work of a famous writer M. Koltsov during the Spanish Civil War and Foreign Intelligence of the USSR in Spain (1936-1938).

  Key words: M. Koltsov, Spanish Civil War, Soviet Foreign Intelligence in Spain (1936-1938).