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

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