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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) Franz Jürgen Säcker Ilsur Metshin (Free University of Berlin, Germany) (Kazan Federal University, Russia) Paul Schoukens Anatoly Naumov (KU Leuven, Belgium) (Academy of the Prosecutor's Office Carlos Henrique Soares of the Russian Federation, Russia) (Pontifical Catholic University of Minas Gerais, Zavdat Safin 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 4, Winter 2019, Number 4 KAZAN UNIVERSITY LAW REVIEW Volume , 8JOUFS 202, Number kazanlawreview.org Journal executive secretaries: Marat Zagidullin (Kazan Federal University, Russia) Jarosław Turłukowski (University of Warsaw, Poland) Editor of English texts: Jorge Martinez (Court of California, USA) Assistant to the Editor-in-Chief: Nikita Makolkin (Kazan Federal University, Russia) Journal team: Ruslan Sitdikov, Rustem Davletgildeev, Ivan Korolev, Murat Kamarov, Kamilla Khabipova, Liliya Tukhvatullina ISSN 2541-8823 (print) «KAZAN UNIVERSITY LAW REVIEW» ISSN 2686-7885 (online) Publication: for Supervision of Communications, Information Technology four issues per year (one issue per quarter) and Mass Communications in Russia on 17 November 2016 “Kazan University Law Review” is allowed FS 77-67763 only with the consent of the Publisher. (ПИ № ФС 77-67763)) Link to the source publication is obligatory. information and consultations and does not enter into correspondence. Manuscripts can not be room 326, 18 Kremlyovskaya St., Kazan, 420008 Russia are not responsible for the content of advertisements and announcements. Founders of the mass media: Opinions expressed in the contributions are those Federal State Autonomous Educational Institution of Higher Education "Kazan (Volga with or this publication.5IFKPVSOBMJTJOEFYFE region) Federal University"; "Publishing house BCTUSBDUFEJO&3*)1-64 )FJO0OMJOF "STATUT" Ltd.; "Yurlit" Ltd. F-*#3"3:36 KAZAN UNIVERSITY LAW REVIEW Volume 6, Winter 2021, Number 1 Dear readers, I would like to present for your attention the fi rst regular issue of the journal “Kazan Univer- sity Law Review” in 2021. Th e issue you are holding now has articles on vital questions of theory and practice of Rus- sian and foreign law. Th e issue starts with the article by Doctor of Legal Sciences, Professor, Head Department of Th eory and History of Law of the Belarusian State Economic University Dmitrii Demichev “Constitutional and legal basis for privatisation and denationalisation of property in the republic of Be- larus”. Th e article deals with the peculiarities of constitutional and legal regulation of ownership relations in the Republic of Belarus at the present stage, the process of implementation of state policy in respect of denationalization and privatization of state-owned property. Th e author’s defi nition of ownership is given. Stages of the privatization process are defi ned. Th e issue is continued by the article by skilled researcher from Italy Candidate of Legal Sciences, University of Pavia Olga Papkova, titled “Discretionary Justice Development. Mindfulness. Quantum theory”. Th e paper provides answers three questions: Why discretionary justice? Why the development of comparatve discre- tionary justice? Why through mindfulness and quantum theory? We pay attention on interconnections of problems of diff erent branches of law and on an interdis- ciplinary context. Th is article is designed to explore the problem of discretionary justice in a new and innovative way. I am very pleased to introduce the research of Charles White Graduate, Uni- versity of South Carolina School of Law; Graduate, Chapman University Fowler School of Law: “Pay day: tax cash hoard defense hidden inside the couch”. Th e “Commentaries” section has interesting article: Farhat Khusnutdinov Chair- man of the Сonstitutional court of the Republic of Tatarstan, Candidate of Le- gal Sciences, titled “Case Law of the European Court of Human Rights applied in Decisions of Constitutional Courts and Statutory Courts of Constituent Entities of the Russian Federation”. the article notes some decisions of the constitutional court of the Republic of Tatarstan, in which the provisions of the Convention and 4 KAZAN UNIVERSITY LAW REVIEW Volume 6, Winter 2021, Number 1 the practice of the European court of human rights contributed to the protection of human rights. Th e “Conference reviews” section contains an article by representatives of Ka- zan University, Nigina Nafi kova, Yulia Nasyrova and Nikolay Rybushkin about the past event. Th is article is a review of the V International Scientifi c and Practical Convention of Undergraduate and Graduate Students “Topical Issues of Russian Federalism: Retrospective Approach and Current State”. With best regards, Editor-in-Chief Damir Valeev KAZAN UNIVERSITY LAW REVIEW Volume 6, Winter 2021, Number 1 TABLE OF CONTENTS Damir Valeev Welcoming remark of the Editor-in-Chief ..........................................................................3 ARTICLES Dmitrii Demichev Constitutional and Legal Basis for Privatisation and Denationalisation of Property in the Republic of Belarus .................................................................................6 Olga Papkova Discretionary Justice Development. Mindfulness. Quantum Th eory ...........................24 Charles White Pay Day: Tax Cash Hoard Defense Hidden Inside the Couch ........................................67 COMMENTARIES Farhat Khusnutdinov Case Law of the European Court of Human Rights Applied in Decisions of Constitutional Courts and Statutory Courts of Constituent Entities of the Russian Federation ..................................................................................................100 CONFERENCE REVIEWS Nigina Nafi kova Yulia Nasyrova Nikolay Rybushkin Overview of V International Scientifi c and Practical Convention of Undergraduate and Postgraduate Students on “Actual Issues of Russian Federalism: Retrospective Approach and Current State” ...........................108 KAZAN UNIVERSITY LAW REVIEW Volume 6, Winter 2021, Number 1 ARTICLES Dmitrii Demichev Doctor of Legal Sciences, Professor, Head of the Department of Th eory and History of Law of the Belarusian State Economic University CONSTITUTIONAL AND LEGAL BASIS FOR PRIVATISATION AND DENATIONALISATION OF PROPERTY IN THE REPUBLIC OF BELARUS DOI 10.30729/2541-8823-2021-6-1-6-23 Abstract: Th e article deals with the peculiarities of constitutional and legal regulation of ownership relations in the Republic of Belarus at the present stage, the process of implementation of state policy in respect of denationalization and privatization of state-owned property. Th e author’s defi nition of ownership is given. Stages of the privatization process are defi ned. At the fi rst stage (1991–1993) the state pursued largely fi scal aims by receiving non-tax revenues. Th e second stage (1994–2008) was characterised by the country’s transition to a market economy, an increase in the share of private property, and an increase in business owner- ship. Th e third period (2008 — present) is characterised by the active development of stock market instruments, which are shares of reformed enterprises. Both posi- tive results and problems in the reform of state ownership are highlighted. Keywords: Constitution, State, President, Government, law, decree, executive or- der, economic relations, property, ownership, reform, privatisation, denationalisation. Economic relations are an essential element of the constitutional order of any state. Th ey constitute the economic basis of the state and consist of relations of ownership, production, exchange, distribution and consumption of material and spiritual wealth. At the same time, society and the state, using legislation and social norms, can have a signifi cant infl uence on the development and formation DMITRII DEMICHEV 7 of economic relations. Economic relations arise and develop objectively
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