Гуманитарные науки. Humanities & Social Sciences. 2017 10 (6)
Ресурсы коллекции
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Compensation for Violation of the Right to Trial and Execution of a Judicial Act within a Reasonable Time: Russian Experience and Prospects
(Сибирский федеральный университет. Siberian Federal University, 2017-06)The article is devoted to the implementation of provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the decisions of the European Court of Human Rights in the Russian national legal ... -
Implementation of Judgments of the European Court of Human Rights on Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms
(Сибирский федеральный университет. Siberian Federal University, 2017-06)The article deals with the problem of implementation of judgments of the European Court of Human Rights, being viewed under a particular angle – with respect to Article 8 of the Convention. The author attaches weight to ... -
Implementing ECtHR Judgments in So-Called “Multipolar Fundamental Rights Situations”
(Сибирский федеральный университет. Siberian Federal University, 2017-06)The implementation of ECtHR judgments may be particularly difficult in cases where the concerns of two or more private litigants must be weighed against each other. The Strasbourg proceedings are unilateral in that only ... -
Constitutional Court of the Russian Federation, Decision from 19 April 2016, No. 12-P/16. An Assessment from a German Point of View
(Сибирский федеральный университет. Siberian Federal University, 2017-06)The constitutional decision from 19 April 2016, No. 12-P/16 was the first case in connection with a request concerning the implementation of decisions from the Strasbourg Court in the Russian Federation. It has its roots ... -
The Meaning and Operation of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Judgments of the European Court of Human Rights in the Legal System of the Russian Federation
(Сибирский федеральный университет. Siberian Federal University, 2017-06)The paper shows the direct application of the European Convention on Human Rights and the implementation of judgments of the European Court of Human Rights by Russian domestic bodies and also by the judiciary. Although ... -
Meaning and Effects of the European Convention on Human Rights and of the Judgments of the European Court of Human Rights in Germany
(Сибирский федеральный университет. Siberian Federal University, 2017-06)The European Convention on Human Rights, its protocols and the case-law of the European Court of Human Rights are shaping the German legal order to a considerable extent, although the Convention formally takes only the ... -
Legal Status of Persons with Mental Disorders Under Civil Legislation of Russia and Germany
(Сибирский федеральный университет. Siberian Federal University, 2017-06)The article gives a comparative description of legal status of persons with mental disorders as provided for by the legislation of Russia and Germany: incapacity, limited capacity, temporary incapacity to understand the ... -
Foreign Institutions in the Civil Code of the Russian Federation: Analysis, Problems, Development Trends
(Сибирский федеральный университет. Siberian Federal University, 2017-06)The article examines the main institutions of foreign law that appeared in Section III of the Civil Code of the Russian Federation as a result of the law of obligations reforming. Analysis of the regulations concerning ... -
Challenges of Teaching the Constitutional Law of Russia and the Constitutional Law of Foreign Countries
(Сибирский федеральный университет. Siberian Federal University, 2017-06)Current social demands predetermine actualization of topical issues, increasing interest of lawyers to the sphere of education in modern Russia. Today education is the factor that outlines the social status of a person. ... -
The Importance of Comparative Law with Reference to Private International Law
(Сибирский федеральный университет. Siberian Federal University, 2017-06)Despite often being decried as overly academic, comparative law is central to the entirely practical question of how to appropriately perform the private international law characterisation of foreign legal institutions. ... -
Import and Impacts of the ECHR and the Judgments of the ECtHR in the Russian and German Legal System
(Сибирский федеральный университет. Siberian Federal University, 2017-06)In modern constitution-based states, it is, as a rule, the national constitution which determines whether, and to what extent, public international law takes effect in the domestic legal sphere. Accordingly, states may ... -
Compliance with the Balance of Private and Public Interests During Expulsion of Foreign Citizens
(Сибирский федеральный университет. Siberian Federal University, 2017-06)The article determines criteria for restricting the rights and limits of the state intervention in the privacy of foreigners when expelled from the host country. The author believes that the migration policy is carried out ... -
Problems of Implementation of the European Convention on Human Rights by Imposition of Administrative Sanctions
(Сибирский федеральный университет. Siberian Federal University, 2017-06)The present article investigates the problems of application of certain provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as ECHR) at imposition of ... -
The Impact of the European Convention on Human Rights (ECHR) on Preventive Police Detention as Governed by German Law
(Сибирский федеральный университет. Siberian Federal University, 2017-06)The European Convention on Human Rights (ECHR) and the case-law of the European Court of Human Rights (ECtHR) influence the German legal system to a remarkable extent. In order to illustrate the impact of the Court’s ... -
Balance of Interests in Protecting the Children’s Rights: Legal Positions of the ECtHR and National Courts
(Сибирский федеральный университет. Siberian Federal University, 2017-06)The author claims that children are recognized as independent subjects requiring special attention and protection. Their rights and interests are guaranteed by both national and international legislation. The authorities’ ... -
Transnational Surrogacy in the Light of the Case-law of the European Court of Human Rights
(Сибирский федеральный университет. Siberian Federal University, 2017-06)Surrogacy is a particularly sensitive issue. Therefore, the regulations of surrogacy by different European legal systems diverge significantly. According to the European Court of Human Rights it is, in principle, at the ... -
International Law and Decisions of the European Court of Human Rights in the Eyes of the Russian Legislator and Law Enforcer
(Сибирский федеральный университет. Siberian Federal University, 2017-06)Taking into account the history of reception of foreign and international law by the Russian leg-islation and the changed historical and political conditions, the article considers the following questions: compliance of ... -
Implementation of Judgments of the ECtHR in the Area of Criminal Law and Criminal Procedure Law from a German Perspective
(Сибирский федеральный университет. Siberian Federal University, 2017-06)The jurisprudence of the European Court of Human Rights (ECtHR) has become more and more important – especially in criminal matters. In order to illustrate the implementation of the ECtHR’s jurisprudence in the area of ...