https://elib.bsu.by:443/handle/123456789/30363 Mon, 20 Apr 2026 16:08:29 GMT 2026-04-20T16:08:29Z https://elib.bsu.by:443/handle/123456789/30403 Заглавие документа: Раздел V положения об общей внешней политике и политике безопасности Доп. сведения: Раздел - "Международное право", рубрика - "Документы и материалы" Thu, 01 Jan 1998 00:00:00 GMT https://elib.bsu.by:443/handle/123456789/30403 1998-01-01T00:00:00Z https://elib.bsu.by:443/handle/123456789/30402 Заглавие документа: Юрисдикционный иммунитет государств в судебной практике Нидерландов Авторы: Галстян, Рубен Рафаэлович Аннотация: In the light of the changes, which have affected practically every sphere of public affairs, the solution of the foreign state immunity problem has acquired a great importance for the former Soviet republics, the legislation of which does not meet the challenge of the time in the existing context. The study of the practice of different countries in the area of state immunity could allow to find effective solutions ofthe issue in question. In this sense the interest can be focussed, among others on the legal practice of the Netherlands which reflects the whole way of transition from the concept of absolute immunity towards the application ofthe concept of a foreign state's limited immunity. Dutch legal practice ofthe early 20-th century adhered to the concept of absolute immunity, when a series of cases recognized the immunity of foreign states with reference to the public disposition of all activities of this state, It was not until 1947 that the courts developed and started applying a critirion for limiting the state immunity, according to which the immunity principle is not applied to a foreign state's activity in the commercial, industrial or financial spheres. However in some Dutch court cases the aim of the deal was taken into consideration together with its character to determine whether the foreign state's activity is commercial or not. This drawback is inherent in the legal practice of a number of slates and in the draft Convention of the Commission of International Law on the jurisdictional immunity of states and their property. Given the changes in the stands of the majority of the states of the former socialist group on the issue of the state immunity it appears necessary to revise some articles ofthe draft which have been adopted as a result of the compromise arrived at by the USSR and its allies on the one hand and the states standing for limited immunity on the other. Доп. сведения: Раздел - "Международное право", рубрика - "Международное частное право" Thu, 01 Jan 1998 00:00:00 GMT https://elib.bsu.by:443/handle/123456789/30402 1998-01-01T00:00:00Z https://elib.bsu.by:443/handle/123456789/30401 Заглавие документа: Юрисдикционный иммунитет государства: абсолютный или ограниченный? Авторы: Кравченко, Олег Иванович Аннотация: The article is devoted to theoretical studies of one of the topical problems of international law the- problem of jurisdictional immunity of State. The mam attention is given to consideration of debate between the supporters of two legal theories of the immunity of State: absolute immunity theory and restricted immunity theory. Reasons for turn of the majority of jurisdictions from the positions of absolute immunity to the positions of the restricted one are analyzed. Scientific doctrines, governmental and court practices of States are considered. The arguments of Soviet scientists - the supporters of absolute immunity theory are analyzed thoroughly. On the basis of comparative analysis the pros and the cons of both theories are defined. The theories are considered in the context of practical aspects of their application in legislation and court practice of the Republic of Belarus. The author comes to the conclusion that the restricted immunity theory is more effective and that appropriate changes to Belarasian legislation based on absolute immunity approach are needed. Доп. сведения: Раздел - "Международное право", рубрика - "Международное частное право" Thu, 01 Jan 1998 00:00:00 GMT https://elib.bsu.by:443/handle/123456789/30401 1998-01-01T00:00:00Z https://elib.bsu.by:443/handle/123456789/30400 Заглавие документа: Стандарты ООН по применению мер, не связанных с лишением свободы Авторы: Бажанов, Олег Иванович Аннотация: The UN activities in the humanitarian sphere include the problems of combatting crime, among them such specific issues as the executing of criminal penalty, the treatment of offenders and the improvement of the penitentiary system. These issues have become traditional and constantly appear on the agenda of rations international conferences, devoted to combatting crime, [n the last decade there has appeared and actively manifested itself the trend of application of the measures, not connected with imprisonment. Before the 1990 it has been codified in the UN Standard minimal principles concerning the measures not conneced with imprisonment, which were adopted by the VIII UN Congress on Crime Prevention and the Treatment of Offenders, and approved by the UN General Assembly (resolution 45/110). The significance of this document can hardly be overestimated. If contains a number of fundamental statements concerning the application of penalties and other measures, not connected with imprisonment, which are not known in the legislation and practice of Belarus. In the conditions of statehood development and legislation reform regarding the new socio-economic structure of society the above mentioned document can exert a substantial influence on the policy of the state in the sphere of imposing and executing of penalties and also to determine the direction of reforming of the penitentiary system. Besides, it can help to define the structure, functions and order of activities of the bodies, executing the penalties not connected with imprisonment, thus giving dynamics to the realization of regulations of legal reform in the given sphere in the Republic of Belarus. Доп. сведения: Раздел - "Международное право", рубрика - "Международное уголовное право" Thu, 01 Jan 1998 00:00:00 GMT https://elib.bsu.by:443/handle/123456789/30400 1998-01-01T00:00:00Z