DOCSLIB.ORG

KAZAN UNIVERSITY LAW REVIEW Volume 2, Autumn 2017, Number 3

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

KAZAN UNIVERSITY LAW REVIEW Volume 2, Autumn 2017, Number 3 Journal President: Ildar Tarkhanov (Kazan Federal University, Russia) Journal Editor-in-Chief: Damir Valeev (Kazan Federal University, Russia) International Editorial Council: Russian Editorial Board: Sima Avramović Aslan Abashidze (University of Belgrade, Serbia) (Peoples’ Friendship University of Russia, Susan W. Brenner Russia) (University of Dayton School of Law, USA) Adel Abdullin William E. Butler (Kazan Federal University, Russia) (The Pennsylvania State University, USA) Lilia Bakulina Michele Caianiello (Kazan Federal University, Russia) (University of Bologna, Italy) Igor Bartsits Peter C.H. Chan (The Russian Presidental Academy (City University of Hong Kong, China) of National Economy and Public Hisashi Harata Administration, Russia) (University of Tokio, Japan) Ruslan Garipov Tomasz Giaro (Kazan Federal University, Russia) (University of Warsaw, Poland) Vladimir Gureev Haluk Kabaalioğlu (Russian State University of Justice (Yeditepe University, Turkey) (RLA Russian Justice Ministry), Russia) Gong Pixiang Pavel Krasheninnikov (Nanjing Normal University, China) (State Duma of the Russian Federation, William E. Pomeranz Russia) (Kennan Institute, USA) Valery Lazarev Ezra Rosser (The Institute of Legislation (American University Washington College of Law, USA) and Comparative Law under the Government George Rutherglen of the Russian Federation, Russia) (University of Virginia, USA) Ilsur Metshin Franz Jürgen Säcker (Kazan Federal University, Russia) (Free University of Berlin, Germany) Anatoly Naumov Paul Schoukens (Academy of the Prosecutor's Office (KU Leuven, Belgium) of the Russian Federation, Russia) Carlos Henrique Soares Zavdat Safin (Pontifical Catholic University of Minas Gerais, Brazil) (Kazan Federal University, Russia) Jean-Marc Thouvenin Evgeniy Vavilin (Paris Ouest Nanterre La Défense University, France) (Saratov State Academy of Law, Russia) KAZAN UNIVERSITY LAW REVIEW . Volume 2, Autumn 2017, Number 3 KAZAN UNIVERSITY LAW REVIEW Volume 2, Autumn 2017, Number 3 Journal executive secretaries: Marat Zagidullin (Kazan Federal University, Russia) Jarosław Turłukowski (University of Warsaw, Poland) Editor of English texts: Randolph W. Davidson (USA, Italy) Assistant of Editor-in-Chief: Elena Bazilevskikh (Kazan Federal University, Russia) Journal team: Rustem Davletgildeev, Ruslan Sitdikov, Ivan Korolev, Maxim Voronin, Marat Shamsutdinov, Ramil Gayfutdinov, Ivan Novikov, Iskander Asatullin, Durmishkhan Afkhazava, Nikita Makolkin, Alina Astafyeva, Anastasiia Bychkova, Murat Kamarov, Kamilla Khabipova, Ilana Kochetova, Iuliia Ustkachkintseva. «KAZAN UNIVERSITY LAW REVIEW» ISSN 2541-8823 (registered by The Federal Service The reprint of materials of the journal for Supervision of Communications, “Kazan University Law Review” is allowed Information Technology only with the consent of the Publisher. and Mass Communications in Russia Link to the source publication is obligatory. on 17 November 2016 The Publisher or the Editor’s office does not render (certificate number PI № FS 77-67763 information and consultations and does not enter (ПИ № ФС 77-67763)) into correspondence. Manuscripts can not be returned. The Founder and the Publisher Publication: are not responsible for the content of four issues per year (one issue per quarter) advertisements and announcements. Opinions expressed in the contributions are those Editorial office: of the authors and do not necessarily reflect the room 326, 18 Kremlyovskaya St., official view of the organizations they are affiliated KAZAN, 420008 Russia with or this publication. KAZAN UNIVERSITY LAW REVIEW . Volume 2, Autumn 2017, Number 3 Dear Readers, I am delighted to welcome you to the third regular issue of the Kazan University Law Review 2017. This issue of the journal presents articles on cur- rent topics in theory and practice of Russian and foreign law. The opening article by Vladimir Orlov and Vladimir Yarkov, esteemed scholars, our colleagues from Finland (University of Helsinki) and Russia (Ural State Law University), is about the specifics of recognition and execution of international arbitration decisions. This topic is extremely relevant today in connection with the ongoing reforms in Russia in the field of arbitration and arbitration proceedings. The authors of the article note that the new Russian arbitration law has improved the regulation of arbitration in Russia with respect to the system of internal arbitration by providing adequate rules for the organizational and procedural bases for arbitration, decision-making and termination of proceedings, “friendly proceedings” and recourse against the arbitral award, and also the rules on responsibility for the enforcement of the award. The provisions of the new law follow the UNCITRAL Model Regulations while maintaining some of the features that are typical only of Russian legislation in the field of enforcement of arbitral awards. The article by our colleague Professor Dr. Michael Stürner, M. Jur. (Oxford Uni- versity), University of Konstanz, Judge at the Higher Regional Court of Karlsruhe, examines the role of the German Supreme Court in the system of civil justice. After a brief overview of the institutional aspects, the author devotes his attention to the subject of access to justice in the federal courts, as well as evolving judicial control in the area of appeal. Russian law, and especially the science of criminal law, is the subject taken up by Anatoly Naumov in the article by this outstanding graduate of Kazan University, Professor of the Academy of the General Prosecutor’s Office of the Russian Federation, who gives a detailed account of this field of law. It is fortunate for us that the author devoted his studies to the history of the formation and development of the School of Criminal Law at Kazan University. His article highlights the scientific traditions formed in Kazan and shows their role in modern criminal law, including the interpretation of the rules of criminal law legislation relevant today. This issue’s Comments section contains a joint article by two of our colleagues from Russian universities, Dmitry Lipinsky, Doctor of Law, Professor, Togliatti State KAZAN UNIVERSITY LAW REVIEW . Volume 2, Autumn 2017, Number 3 University, and Konstantin Evdokimov, Associate Professor, Irkutsk Law Institute (Branch) of the Academy of the General Prosecutor’s Office of the Russian Federation. Their subject is comparative legal research devoted to the criminal law legislation of the Russian Federation and foreign countries covering responsibility for committing computer crimes. Comparative legal analysis was conducted by the authors at the level of the national criminal law systems (Russia, the USA, China, France, Germany, and other countries) and at the level of legal families: the Anglo-American (the UK, the USA), the Roman-Germanic (Russia, France, Germany, Italy, etc.), Scandinavian (Sweden, Denmark), and Socialist (China). It is noteworthy that the criteria for comparative legal study were: the source of law that criminalizes the commission of computer crimes as well as objective and subjective elements of the crime. Closing out the practical part of the issue, Conference Reviews contains descriptive pieces by lawyers from Kazan, who review two law events of this autumn: “Review of the Kazan International Legal Forum (KAZAN LEGAL, 14–16 September 2017)”, and “Review of the IV Annual Symposium of the Journal Herald of Civil Procedure: “2017 – E-justice and information technologies in civil procedure (29 September 2017)”. I extend a warm welcome to each of you and wish you a stimulating and rewarding reading experience. With best regards, Editor-in-Chief Damir Valeev KAZAN UNIVERSITY LAW REVIEW . Volume 2, Autumn 2017, Number 3 TABLE OF CONTENTS Damir Valeev (Kazan, Russia) Message from the Editor-in-Chief .........................................................................3 ARTICLES Vladimir Orlov (Helsinki, Finland) Vladimir Yarkov (Ekaterinburg, Russia) New Russian Arbitration Law..................................................................................6 Michael Stürner (Konstanz, Germany) Access to the Federal Court of Justice in Germany .......................................... 52 Anatoly Naumov (Moscow, Russia) Russian criminal law at Kazan University: Scientific traditions in a modern interpretation. Kazan School of Criminal Law: traditions and innovations ........ 73 COMMENTS Dmitry Lipinsky (Togliatti, Russia) Konstantin Evdokimov (Irkutsk, Russia) Comparative legal analysis of responsibility for the commission of computer crimes in the criminal law systems of Russia and foreign countries .................... 83 CONFERENCE REVIEWS Alina Astafyeva (Kazan, Russia) Murat Kamarov (Kazan, Russia) Ivan Novikov (Kazan, Russia) Review of the Kazan International Legal Forum, 14-16 September 2017 ..... 99 Alexey Bilalov (Kazan, Russia) Anna Kalemina (Kazan, Russia) Nikita Makolkin (Kazan, Russia) Review of the IV Annual Symposium of the Journal Herald of Civil Procedure: 2017 – E-justice and information technologies in civil procedure .....................104 KAZAN UNIVERSITY LAW REVIEW . Volume 2, Autumn 2017, Number 3 ARTICLES Vladimir Orlov Doctor of Legal Science, Professor, Department of Civil Law, Law Faculty, Herzen State Pedagogical University of Russia and Adjunct Professor, International Contract Law, Law Faculty, University of Helsinki Vladimir Yarkov Doctor of Legal Science, Professor, Head of the Department of Civil
Recommended publications
  • What Is Russia Trying to Defend? ✩ Andrei Yakovlev

    What Is Russia Trying to Defend? ✩ Andrei Yakovlev

    Available online at www.sciencedirect.com Russian Journal of Economics 2 (2016) 146–161 www.rujec.org What is Russia trying to defend? ✩ Andrei Yakovlev Institute for Industrial and Market Studies, National Research University Higher School of Economics, Moscow, Russia Abstract Contrary to the focus on the events of the last two years (2014–2015) associated with the accession of Crimea to Russia and military conflict in Eastern Ukraine, in this study, I stress that serious changes in Russian domestic policy (with strong pres­ sure on political opposition, state propaganda and sharp anti-Western rhetoric, as well as the fight against “foreign agents’) became visible in 2012. Geopolitical ambitions to revise the “global order” (introduced by the USA after the collapse of the USSR) and the increased role of Russia in “global governance” were declared by leaders of the country much earlier, with Vladimir Putin’s famous Munich speech in 2007. These ambitions were based on the robust economic growth of the mid-2000s, which en­ couraged the Russian ruling elite to adopt the view that Russia (with its huge energy resources) is a new economic superpower. In this paper, I will show that the con­ cept of “Militant Russia” in a proper sense can be attributed rather to the period of the mid-2000s. After 2008–2009, the global financial crisis and, especially, the Arab Spring and mass political protests against electoral fraud in Moscow in December 2011, the Russian ruling elite made mostly “militant” attempts to defend its power and assets. © 2016 Non-profit partnership “Voprosy Ekonomiki”. Hosting by Elsevier B.V.
  • RUSSIA INTELLIGENCE Politics & Government

    RUSSIA INTELLIGENCE Politics & Government

    N°66 - November 22 2007 Published every two weeks / International Edition CONTENTS KREMLIN P. 1-4 Politics & Government c KREMLIN The highly-orchestrated launching into orbit cThe highly-orchestrated launching into orbit of of the «national leader» the «national leader» Only a few days away from the legislative elections, the political climate in Russia grew particu- STORCHAK AFFAIR larly heavy with the announcement of the arrest of the assistant to the Finance minister Alexey Ku- c Kudrin in the line of fire of drin (read page 2). Sergey Storchak is accused of attempting to divert several dozen million dol- the Patrushev-Sechin clan lars in connection with the settlement of the Algerian debt to Russia. The clan wars in the close DUMA guard of Vladimir Putin which confront the Igor Sechin/Nikolay Patrushev duo against a compet- cUnited Russia, electoral ing «Petersburg» group based around Viktor Cherkesov, overflows the limits of the «power struc- home for Russia’s big ture» where it was contained up until now to affect the entire Russian political power complex. business WAR OF THE SERVICES The electoral campaign itself is unfolding without too much tension, involving men, parties, fac- cThe KGB old guard appeals for calm tions that support President Putin. They are no longer legislative elections but a sort of plebicite campaign, to which the Russian president lends himself without excessive good humour. The objec- PROFILE cValentina Matvienko, the tive is not even to know if the presidential party United Russia will be victorious, but if the final score “czarina” of Saint Petersburg passes the 60% threshhold.
  • KAZAN UNIVERSITY LAW REVIEW Volume 3, Winter 2018, Number 4

    KAZAN UNIVERSITY LAW REVIEW Volume 3, Winter 2018, Number 4

    KAZAN UNIVERSITY LAW REVIEW Volume 3, Winter 2018, Number 4 kazanlawreview.org Journal President: Ildar Tarkhanov (Kazan Federal University, Russia) Journal Editor-in-Chief: Damir Khamitovich Valeev (Kazan Federal University, Russia) International Editorial Council: Russian Editorial Board: Sima Avramović Aslan Abashidze (University of Belgrade, Serbia) (Peoples’ Friendship University of Russia, Russia) Susan W. Brenner Adel Abdullin (University of Dayton School of Law, USA) (Kazan Federal University, Russia) William E. Butler Lilia Bakulina (Pennsylvania State University, USA) (Kazan Federal University, Russia) Michele Caianiello Igor Bartsits (University of Bologna, Italy) (The Russian Presidental Academy Peter C.H. Chan of National Economy and Public (City University of Hong Kong, China) Administration, Russia) Hisashi Harata Ruslan Garipov (University of Tokyo, Japan) (Kazan Federal University, Russia) Tomasz Giaro Valery Golubtsov (University of Warsaw, Poland) (Perm State University, Russia) Haluk Kabaalioğlu Vladimir Gureev (Marmara University, Turkey) (Russian State University of Justice Gong Pixiang (RLA Russian Justice Ministry), Russia) (Nanjing Normal University, China) Pavel Krasheninnikov William E. Pomeranz (State Duma of the Russian Federation, Russia) (Kennan Institute, USA) Valery Lazarev Ezra Rosser (The Institute of Legislation (American University Washington College of Law, USA) and Comparative Law under the Government George Rutherglen of the Russian Federation, Russia) (University of Virginia, USA) Ilsur Metshin Franz Jürgen Säcker (Kazan Federal University, Russia) (Free University of Berlin, Germany) Anatoly Naumov Paul Schoukens (Academy of the Prosecutor's Office (KU Leuven, Belgium) of the Russian Federation, Russia) Carlos Henrique Soares Zavdat Safin (Pontifical Catholic University of Minas Gerais, Brazil) (Kazan Federal University, Russia) Jean-Marc Thouvenin Evgeniy Vavilin (Paris Ouest Nanterre La Défense University, France) (Saratov State Academy of Law, Russia) KAZAN UNIVERSITY LAW REVIEW .
  • Josef NEUMANN Name Josef NEUMANN

    Josef NEUMANN Name Josef NEUMANN

    Josef NEUMANN Name Josef NEUMANN Function Spokesman of the Socialist Group in the Parliament of North Rhine-Westphalia for Social Inclusion; Vice-President of the Parliamentary Committee on European Affairs; Member of the Parliamentary Committee on Employment, Health and Social Affairs; Spokesman of the Socialist Group in the Parliament of North Rhine-Westphalia; Member of the Congress and the Current Affairs Committee since 2012; Rapporteur on the Opinion „Promoting Equal Opportunities for People with Disabilities and their Participation in Political and Public Life" Rapporteur on the Opinion „Congress Strategy to combat radicalisation at grass-roots level" Telefon 0049 211 884 4561 (Düsseldorf) 0049 202 478 2550 (Wuppertal) E-Mail [email protected] Facebook www.facebook.com/iosef.neumann.756 Homepage www.iosef-neumann.de European Priorities Social inclusion of people with disabilities on all levels; Situation of people with disabilities in Europe; Social, employment, health and Integration affairs as a European obligation; Fight against and prevention of poverty and social exclusion on European, regional and local level; Fight against right-wing extremism in Europe Josef NEUMANN (Germany, R, SOC) Motivation and experience Name Josef NEUMANN Function Spokesman of the Socialist Group in the Parliament of North Rhine-Westphalia for Social Inclusion; Vice-President of the Parliamentary Committee on European Affairs; Member of the Parliamentary Committee on Employment, Health and Social Affairs; Spokesman of the Socialist Group
  • Reprinted from Euromoney Magazine, December 2007 Interview

    Reprinted from Euromoney Magazine, December 2007 Interview

    Tatarstan reprinted from Euromoney magazine, December 2007 Interview “We can!” Tatarstan’s President Mintimer Sharipovich Shaimiev talks to Euromoney about the republic’s economic development, its plans for the future and its determination to succeed Please tell us about the specifics of Tatarstan’s Mintimer Sharipovich Shaimiev, President of Tatarstan economic development and about the priorities for 2008? total of 1,153 people have been sent for training to the best univer- The main objective of Tatarstan’s development strategy is to sities and centres of science in the Russian Federation, the US, UK, achieve a European standard of living for the population. We France, Switzerland and Germany. aspire to build a democratic society on the basis of a competitive Another feature of our economy is cluster development. We set market economy, organically integrated into the world system. out the strategic task of developing four main clusters: oil/petro- Tatarstan is capable of achieving this aim. I say this because the chemical, car-building, aviation and power production. Here the results of social and economic development in 2007 bear witness most effective industrial complexes have been formed by various to the dynamic development of the republic. enterprises with a single sector orientation. Today our industrial production is growing at a rate of slightly less We pay great attention to developing small businesses. By 2010, than 9%. Across the Russian Federation the rate is 7 %. The value of we intend to raise the small business share of total regional product industrial output by the end of the year will be little bit more than to 30%.
  • Guidance Materials for Conducting a Worldskills Kazan 2019 Lesson in Educational Institutions of the Russian Federation the Guid

    Guidance Materials for Conducting a Worldskills Kazan 2019 Lesson in Educational Institutions of the Russian Federation the Guid

    Authors and originators: N.S. Koroleva, G.T. Gabdullina, N.P. Orlova, E.E. Ulyanova Guidance materials for conducting a WorldSkills Kazan 2019 Lesson in educational institutions of the Russian Federation The guidelines contain materials on the WorldSkills Kazan 2019 for teaching staff of general education, specialized secondary and higher education establishments. The guidelines provide plan-abstracts of the WorldSkills Kazan 2019 Lesson for different age groups of students, tasks and exercises for the use in subsequent lessons dedicated to the Competition, information on the history, venues, sports, symbols and volunteer movement of the Competition. The guidelines are accompanied by a DVD with videos, presentations, and songs about the WorldSkills Kazan 2019, as well as with an electronic copy of these guidelines. INTRODUCTION On 10 August 2015, at the WorldSkills General Assembly in San Paulo (Brazil), Russia won the right to host the WorldSkills Competition in 2019 (hereinafter, the Competition). It will be the 45th WorldSkills Competition in Kazan. The areas of activities of WorldSkills International are: jobs promotion career building education and professional training international cooperation research of professional skills organization of WorldSkills Competitions, the largest professional skill competitions. In the Republic of Tatarstan, the preparations for 45th WorldSkills Competition in 2019 have been performed since 2015, and these preparations are so large-scale that they affect all society life spheres and all population groups. The academic year before the WorldSkills Competition starts on 1 September 2018. This event, along with the annual Knowledge Day, will be a milestone and will allow to popularize the Competition among students who have yet to choose a profession.
  • Inside and Around the Kremlin's Black Box

    Inside and Around the Kremlin's Black Box

    Inside and Around the Kremlin’s Black Box: The New Nationalist Think Tanks in Russia Marlène Laruelle STOCKHOLM PAPER October 2009 Inside and Around the Kremlin’s Black Box The New Nationalist Think Tanks in Russia Marlène Laruelle Institute for Security and Development Policy Västra Finnbodavägen 2, 131 30 Stockholm-Nacka, Sweden ww.isdp.eu Inside and Around the Kremlin’s Black Box: The New Nationalist Think Tanks in Rus- sia is a Stockholm Paper published by the Institute for Security and Development Policy. The Stockholm Papers Series is an Occasional Paper series addressing topical and timely issues in international affairs. The Institute is based in Stockholm, Sweden, and cooperates closely with research centers worldwide. The Institute is firmly established as a leading research and policy center, serving a large and diverse community of analysts, scholars, policy- watchers, business leaders, and journalists. It is at the forefront of research on issues of conflict, security, and development. Through its applied research, publications, research cooperation, public lectures, and seminars, it functions as a focal point for academic, policy, and public discussion. This publication is kindly made possible by support from the Swedish Ministry for For- eign Affairs. The opinions and conclusions expressed are those of the author/s and do not necessarily reflect the views of the Institute for Security and Development Policy or its sponsors. © Institute for Security and Development Policy, 2009 ISBN: 978-91-85937-67-7 Printed in Singapore Distributed in Europe by: Institute for Security and Development Policy Västra Finnbodavägen 2, 131 30 Stockholm-Nacka, Sweden Tel. +46-841056953; Fax.
  • Social Report 2017 Contents

    Social Report 2017 Contents

    RATIONALE RESOLUTION RESULT SOCIAL REPORT 2017 CONTENTS Message from CEO 1 Life Line — Lend a Helping Hand 4 Who if not us? Alfa-Banks Volunteer Initiative 8 Victory Day: ‘Memory Watch’ Campaign 42 Art without bounds 50 The Golden Fund for Future Generations 60 International Programs 66 Literature Awards 70 Financial Awareness 74 FIFA 2018 World Cup in Russia™ 82 Alfa Future People 88 Key to Successful Business 92 Contribution to the Common Cause — WWF 98 No matter how challenging Alfa-Bank’s business tasks could be, it will still highlight charity, education, volunteer projects, and support for culture and art. So, we have many important and interesting projects in store to make the world a better place. MESSAGE FROM Alexei Tchoukhlov THE MANAGEMENT Member of the Executive Board, Deputy Chairman of the Executive Board, Chief Financial Officer Alfa-Bank has been a performance and social responsibility leader of the national financial market for many years. We care about charity, volunteer initiatives, cultural and educational projects, look after people in need, and offer our clients a chance to participate. Charity and volunteering have long been part of our corporate culture. This report outlines our most remarkable and important projects of 2017. In 2017, the Bank again promoted music festivals and organized guest performances by Moscow theaters, film festivals and colorful show with the participation of Russian and international stars in various regions of the country. Our sponsorship of ‘Vremya Pervykh’ deserves a special mention. This film features the ‘Hero of the Soviet Union’ and cosmonaut, Alexey Leonov, as the protagonist and consultant, and he made an invaluable contribution to the establishment of our Bank.
  • Kazan Programme

    Kazan Programme

    World Habitat Day Cities magnets of hope Russia, Tatarstan, Kazan October 3-5, 2006 Organizers: UN Human Settlements Programme (UN-HABITAT) United Cities and Local Governments, Euro-Asia Regional Section Kazan City Municipality Tuesday, October 3 6.00-12.00 Arrival of the participants 12.00-14.00 Lunch 14.00-16.00 Study tour to see results of the Kazan programme to rehabilitate dilapidated housing 16.30-18.00 Presentation of project “Clear water is a hope source” of the city of Yaroslavl, by Mayor of Yaroslavl V. Volonchunas Venue: National Culture Centre “Kazan” Opening remarks: Jane Nyakairu – UN-HABITAT Irshat Minkin – First Deputy Chief of the Executive Committee of Kazan Parallel Session: Meeting of revision committee on the results of 2004- 2006 activity of Euro- Asia Regional Section of World Organization of United Cities and Local Governments. Venue: Headquarters of UCLG Euro-Asia Regional Section. 18.30-20.30 Cultural Program Wednesday, October 4 8.30-9.00 Registration of the participants in Kazan City Hall 9.00-10.30 World Habitat Day and award ceremony to recognize special contribution to sustainable development of human settlements Chairman: Mayor of Kazan Ilsur Metshin Statements: Rustem Minnikhanov – Acting President of the Republic of Tatarstan, Prime- Minister of the Republic of Tatarstan Farid Mukhametshin – Chairman of State Council of the Republic of Tatarstan Kamil Iskhakov - Plenipotentiary Representative of the President of Russia in Far East Federal Region, President of the UCLG Euro-Asia Regional Section Sietske Steneker – United Nations Resident Coordinator in Russia Anna Tibaijuka – United Nations Under-Secretary-General and UN-HABITAT Executive Director Presentation of awards Presented by Mrs.
  • Comparative Ethnic Regional Autonomy in China and Russia

    Comparative Ethnic Regional Autonomy in China and Russia

    WRESTLING WITH THE CENTRAL STATE: COMPARATIVE ETHNIC REGIONAL AUTONOMY IN CHINA AND RUSSIA by Sansar Tsakhirmaa (Sier San) A dissertation submitted to the Johns Hopkins University in conformity with the requirements for the degree of Doctor of Philosophy Baltimore, Maryland June, 2018 © Sansar Tsakhirmaa (Sier San) 2018 All Rights Reserved Abstract This dissertation compares ethnically-based identity politics in two constitutionally- defined multi-ethnic states, China and Russia, by focusing upon one type of prescriptive institution, territorially-based formal autonomy designated at the sub-national levels for ethnic minorities. Intriguingly, some of these ethno-regions have been more capable of actually exercising the formally promulgated autonomy than others. What can explain the variations across different ethno-regions in terms of implemented autonomy outcome? This dissertation develops an analytical framework that consists of a response variable, an ethno-region’s implemented autonomy outcome, an explanatory variable, an ethno- region’s inter-ethnic boundary-makings, an intervening variable, titular elites’ bargaining capacity, and two condition variables, formal arrangements of center-periphery relations and party-state relations. An ethno-region’s implemented autonomy outcome is assessed in terms of compliance with the corresponding autonomy-establishing legal document(s) on three dimensions, political participation, economic development, and cultural promotion among the ethno-region’s titular ethnic population. Based upon fieldworks
  • 106519 7.Pdf

    106519 7.Pdf

    KAZAN UNIVERSITY LAW REVIEW Volume 4, Winter 2019, Number 4 KAZAN UNIVERSITY LAW REVIEW Volume , 8JOUFS 202, Number kazanlawreview.org Journal President: Ildar Tarkhanov (Kazan Federal University, Russia) Journal Editor-in-Chief: Damir Khamitovich Valeev (Kazan Federal University, Russia) International Editorial Council: Russian Editorial Board: Sima Avramović Aslan Abashidze (University of Belgrade, Serbia) (Peoples’ Friendship University of Russia, Russia) Susan W. Brenner Adel Abdullin (University of Dayton School of Law, USA) (Kazan Federal University, Russia) William E. Butler Lilia Bakulina (Pennsylvania State University, USA) (Kazan Federal University, Russia) Michele Caianiello Igor Bartsits (University of Bologna, Italy) (The Russian Presidental Academy Peter C.H. Chan of National Economy and Public (City University of Hong Kong, China) Administration, Russia) Tomasz Giaro Ruslan Garipov (University of Warsaw, Poland) (Kazan Federal University, Russia) Haluk Kabaalioğlu Valery Golubtsov (Marmara University, Turkey) (Perm State University, Russia) Gong Pixiang Vladimir Gureev (Nanjing Normal University, China) (Russian State University of Justice William E. Pomeranz (RLA Russian Justice Ministry), Russia) (Kennan Institute, USA) Pavel Krasheninnikov Ezra Rosser (State Duma of the Russian Federation, Russia) (American University Valery Lazarev Washington College of Law, USA) (The Institute of Legislation George Rutherglen and Comparative Law under the Government (University of Virginia, USA) of the Russian Federation, Russia)
  • KAZAN UNIVERSITY LAW REVIEW Volume 2, Winter 2017, Number 4

    KAZAN UNIVERSITY LAW REVIEW Volume 2, Winter 2017, Number 4

    KAZAN UNIVERSITY LAW REVIEW Volume 2, Winter 2017, Number 4 Journal President: Ildar Tarkhanov (Kazan Federal University, Russia) Journal Editor-in-Chief: Damir Valeev (Kazan Federal University, Russia) International Editorial Council: Russian Editorial Board: Sima Avramović Aslan Abashidze (University of Belgrade, Serbia) (Peoples’ Friendship University of Russia, Susan W. Brenner Russia) (University of Dayton School of Law, USA) Adel Abdullin William E. Butler (Kazan Federal University, Russia) (Pennsylvania State University, USA) Lilia Bakulina Michele Caianiello (Kazan Federal University, Russia) (University of Bologna, Italy) Igor Bartsits Peter C.H. Chan (The Russian Presidental Academy (City University of Hong Kong, China) of National Economy and Public Hisashi Harata Administration, Russia) (University of Tokyo, Japan) Ruslan Garipov Tomasz Giaro (Kazan Federal University, Russia) (University of Warsaw, Poland) Vladimir Gureev Haluk Kabaalioğlu (Russian State University of Justice (Yeditepe University, Turkey) (RLA Russian Justice Ministry), Russia) Gong Pixiang Pavel Krasheninnikov (Nanjing Normal University, China) (State Duma of the Russian Federation, William E. Pomeranz Russia) (Kennan Institute, USA) Valery Lazarev Ezra Rosser (The Institute of Legislation (American University Washington College of Law, USA) and Comparative Law under the Government George Rutherglen of the Russian Federation, Russia) (University of Virginia, USA) Ilsur Metshin Franz Jürgen Säcker (Kazan Federal University, Russia) (Free University of Berlin, Germany) Anatoly Naumov Paul Schoukens (Academy of the Prosecutor's Office (KU Leuven, Belgium) of the Russian Federation, Russia) Carlos Henrique Soares Zavdat Safin (Pontifical Catholic University of Minas Gerais, Brazil) (Kazan Federal University, Russia) Jean-Marc Thouvenin Evgeniy Vavilin (Paris Ouest Nanterre La Défense University, France) (Saratov State Academy of Law, Russia) KAZAN UNIVERSITY LAW REVIEW .