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The Development of the Russian Legal System after the “Accession” of the Republic of Crimea to the Russian Federation

100%
Cwicinskaja N.
Adam Mickiewicz University Law Review
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2017
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vol. 7
175-197
EN
On March 18 2014, the Republic of Crimea became a federal subject of the Russian Federation and the Ukrainian legal system was changed to the Russian system. The transition period was set to end on January 1 2015. This transition period was characterized by the fact that the law was created on a day-to-day basis, and as the residents of Crimea were unfamiliar with Russian law they found themselves in a legal vacuum. Laws were adopted in an urgent manner to ensure that the unification was as smooth as possible. In practice it became apparent that the allocated time was not sufficient, and the transition period was extended in some areas. The Article presents a review of the accession procedure and the legal regulations established in the Republic of Crimea during the transition period, and identifies some issues which have arisen.
2
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Problems with applying human rights in the actions of public administration

88%
Puczko A.
Adam Mickiewicz University Law Review
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2022
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vol. 14
231-250
EN
This article aims to analyze the contemporary problem of respecting human rights in the actions of public administration. To that end, it aims to show the causes of the issue in question and propose solutions. The article opens with a description of the legal aspect of human rights from the general perspective as a matter of rules and elements of the legal system. This part of the article presents the legal grounds for and obstacles to incorporating human rights and the acts that regulate them into the actions of public administration. In the subsequent sections, the analysis shifts to a detailed perspective. The first one concerns the reliance of the public administration’s actions on Art. 6 point 1 of the European Convention on Human Rights and shows the issues with applying it to administrative cases, as noted in the literature and jurisprudence. The second addresses the issues associated with incorporating human rights regulations into the application of the substantial law. This problem is analyzed from the standpoint of legal regulations, values and interpretation. At the same time, the article aims to show that while on the one hand public administration is responsible for safeguarding rights, on the other it is also entitled to breach and limit.
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The status of generic structure in expert opinions. Insights from a comparative analysis of American, Russian and Bulgarian documents

75%
Goźdź-Roszkowski S., Mazurkiewicz-Sułkowska J.
Przegląd Wschodnioeuropejski
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2022
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vol. 2
317–331
EN
This paper attempts to describe expert opinions from a comparative and genre-based perspective. It addresses the central question of whether expert opinions follow any specific rhetorical and organizational patterns and the extent to which these may have been imposed by the respective judicial institutions in Russia, Bulgaria and the USA. After reviewing the institutional contexts and constraints imposed on experts and their opinions, the analysis focuses on exploring the status of generic structure in three sets of documents: US common law opinions, Russian and Bulgarian civil law opinions. The concept of ‘generic model’ has been approached from the perspective of Genre Analysis using the model of ‘rhetorical moves’ (Swales 1990; Tardy & Swales 2014). The analyses have revealed that expert witnesses can be described in terms of individual text segments, each with distinct rhetorical or communicative purpose(s). While most identified text segments are shared by all the opinions, irrespective of the legal system, the major difference is that the generic structures of Russian and Bulgarian opinions are strictly regulated by law, which results in increased levels of detail and conventionality. In contrast, the discourse community of American experts has much more leeway in shaping the conventions of the genre, as long as the experts take account of the general standards contained in the Federal Rules of Evidence. American opinions reflect not only the expertise of their authors but also their individual style.
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