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ARCHIVE FOR 2014    RUSSIAN

Январь 2014

CONTENT

 

 

Chief editor’s column

 

Interview of the issue

N.M. Kropachev Legal education in Russia today cannot be called universal, single-type and uniform
The President of St. Petersburg State University Nikolai Mikhailovich Kropachev replies to the questions by Yan Piskunov, chief editor of the “ZAKON” journal

 

The Event. Comments of the Experts

Annual Results — 2013
What events in the legal life of Russia and the rest of the world in 2013 are the most memorable and why? With the traditional request to summarise the past year, we asked our experts.

 

Topic of the issue

D.Ya. Maleshin Challenges for Modern Higher Law School
The crisis of legal education is discussed today in Russia and all over the world. However, in our country, the issue of reforming the high law school is particularly acute. The author sets out his vision of the challenges of our time, which should be answered by the national system of higher education and Russian science, reveals the causes and suggests possible ways out of the existing situation.
Keywords: higher education, legal education, legal science, higher school of law, research, thesis research
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N.A. Sheveleva, M.Yu. Lavrikova Some Issues of the New Stage of Legal Education Development
Within the frame of the Federal Law dd. December 29, 2012 No. 273-FZ “On Education in the Russian Federation”, the authors examine one of the urgent issues of the legal education — interaction of educational organisation with the potential employers of the graduates. After analysing the possible forms of such cooperation formalised in the new federal law, the authors give reasons for their proposals on the need to make further amendments to existing legislation.
Keywords: higher legal education, cooperation of a university with employers, admittance to legal career
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A.N. Dontsov Training of a Thinking Human
The author offers his vision of legal education in Russia, focusing on the need to review the structure and methodology of teaching, rather than the meaningful part of it. The author describes methods of learning aimed at developing practical skills.
Keywords: legal education, school, university, lawyer’s job skills, career guidance, training
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V.B. Isakov Method of Throwing Cats
Based on the practical implementation of masters programs in the National Research University – Higher School of Economics, the author examines the results of the new system of two-level legal education, its potential, and highlights the issues of such implementation: early specialization, admission of persons with non-core education to the legal master’s programmes, etc.
Keywords: legal education, the Bologna system, undergraduate, graduate
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V.V. Yarkov Integration of Russian and Foreign Systems of Thesis Defense: Issues and Possible Solutions
Based on the experience of the Russian-French theses co-guidance, the author covers some issues of training and co-defense of theses to obtain two degrees in Russia and abroad. The author investigates the feasibility of implementing the two options of assimilation of Russian and European thesis defense systems and concludes that the option of simultaneous co-defense of thesis is more suitable for Russia at the present stage. The author offers passing to the system of establishing councils (jury) and defense working in a range of European countries on a trial basis.
Keywords: science of law, defense of thesis, gaining of academic degree, postgraduate training program, doctoral training program
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M.V. Shugurov Modernisation of Legal Education and Law Globalisation: Bologna Context
Based on the system analysis of the documents' provisions determining development of the Bologna Process, the author creates a system of ideas about content coordinates of legal education modernisation in Russia and Europe. Extrapolating the principle of unity and diversity of educational space in Europe to the lawyers training system in our country, the author examines the prospects and problems of integrating this system with European equivalents. Much attention is paid to the idea concerning formation of the European Higher Education space. Major focus in the article is devoted to the study of the competencies to be gained by the graduates of legal universities and colleges regarding the approach of the European Law Faculties Association (ELFA).
Keywords: Bologna process, legal education, legal globalisation, legal utilitarianism, international cooperation
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Theory and practice

I.V. Reshetnikova On Mediation Again. What should it be like in Russia?
The author explores the reasons for the low demand for the mediation process and highlights the major directions of its development based on the analysis of the modern experience of implementing this method of dispute settlement in various legal systems abroad.
Keywords: mediation, judicial mediation, alternative forms of dispute settlement
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R.F. Azizov, V.V. Arhipov Relations on the Internet of WEB 2.0 Format: the Issue of Correspondence between Network Architecture and Legal Regulation
The article presents a general theoretical analysis of the systemic issues in legal regulation of the WEB 2.0 Internet format. The authors divide the Internet development into three conditional stages: the period of the network technology formation, WEB 1.0 and WEB 2.0. Systemic problems of the Internet legal regulation at each of these stages, namely the problem of users’ identification, determination of jurisdiction and liability of the information agents are investigated taking into account the legislation and practice of both Russia and foreign countries. Particular attention is paid to the legal problems of social networks as a backbone service of the WEB 2.0 Internet format.
Keywords: Internet, cyber law, electronic law, provider, responsibility of information agents, user authentication, user-generated content, network architecture, social networks
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P.V. Khliustov Real Estate Property Dispute: Problems of Territorial Jurisdiction
The article deals with the problems arising in the practice of arbitration and regular courts in determining the territorial jurisdiction of real estate property disputes. Special attention is paid to the analysis of legal positions expressed in the practice of the Supreme Court, the Supreme Commercial Court and the Constitutional Court of the Russian Federation. The author suggests ways to develop the legislation and judicial practice in the studied legal relations
Keywords: real estate property, territorial jurisdiction, exclusive jurisdiction, alternative exclusive jurisdiction, jurisdiction collision
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I.N. Kashkarova Application by a Court of the Limitation Omission in Context of Dispute Individualization Problem
The article highlights the issues of application of the consequences of the limitation omission when the court requalifies the stated claims under adversary proceeding. The author investigates the consequences when the plaintiff specifies in the statement of claim that the method of protecting the violated right concerning the limitation period is improper, as opposed to the proper method of protection. The author draws attention that the defendant needs to be enabled to use objection of limitation omission by the plaintiff as an effective mean of protection.
Keywords: limitation, claim individualization, cause of action, method of the violated right protection
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V.V. Zakharenkova Terms Defining the Manner of Preparation and Delivering of International Instruction of Legal Assistance in Criminal Cases
The article discusses the problems arising in the preparation and delivery of an international request (order) for legal assistance in criminal cases. Particular attention is paid to vital conditions, which omission prevents execution of the request by receiving party, namely the requirements concerning content and quality of documents translation. The author concludes that regulation of the requests formalisation under the CPC RF standards is not sufficient.
Keywords: international instruction of legal assistance, legal assistance in criminal cases, criminal proceeding
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Foreign experience

A.A. Kostin Issues of Defining the Law Applicable to the Arbitration Agreement in Practice of Countries of the Mainland Europe and English Courts
The article examines theoretical and practical issues associated with determining the law applicable to the arbitration agreement. In particular, the author discusses the issue of which form should be used to express the law agreement applicable to arbitration agreement. The author analyses the practice of the English courts, governed by the implied will of the parties for the arbitration agreement regulation, in accordance with the law applicable to the main contract; an overview is given regarding the Russian courts practice on this issue.
Keywords: arbitration proceeding, arbitrage, arbitration agreement, applicable law, New York Convention 1958.
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