KAZAN UNIVERSITY LAW REVIEW, 2016, том 1, № 1


KAZAN UNIVERSITY LAW REVIEW
Volume 1, Fall 2016, Number 1


    Journal President:

Ildar Tarkhanov (Kazan Federal University, Russia)

    Journal Editor-in-Chief:

Damir Valeev (Kazan Federal University, Russia)


    International Editorial Council:
                          Sima Avramovic

                  (University of Belgrade, Serbia)
                   William Elliott Butler
(The Pennsylvania State University, USA)
                       Michele Caianiello
                   (University of Bologna, Italy)
                          Peter C.H. Chan
(City University of Hong Kong, China)
                            Tomasz Giaro
                  (University of Warsaw, Poland)
                       Haluk Kabaalioglu
                   (Yeditepe University, Turkey)
                            Gong Pixiang
             (Nanjing Normal University, China)
                   William E. Pomeranz
                       (Kennan Institute, USA)

    Ezra Rosser

(American University Washington College of Law, USA)
Franz Jurgen Sacker
             (Free University of Berlin, Germany)
Paul Schoukens
(KU Leuven, Belgium)
                  Carlos Henrique Soares
(Pontifical Catholic University of Minas Gerais, Brazil)
                   Jean-Marc Thouvenin
(Paris Ouest Nanterre La Defense University, France)


    Russian Editorial Board:
    Aslan Abashidze

(Peoples’ Friendship University of Russia, Russia)
Adel Abdullin
(Kazan Federal University, Russia)
Lilia Bakulina
(Kazan Federal University, Russia)
Igor Bartsits
(The Russian Presidental Academy of National Economy and Public Administration, Russia)
Ruslan Garipov
(Kazan Federal University, Russia)
Vladimir Gureev
(Russian State University of Justice
(RLA Russian Justice Ministry), Russia)
Pavel Krasheninnikov
(State Duma of the Russian Federation, Russia)
Valery Lazarev
(The Institute of Legislation and Comparative Law under the Government of the Russian Federation, Russia)
Ilsur Metshin
(Kazan Federal University, Russia)
Zavdat Safin
(Kazan Federal University, Russia)
Evgeniy Vavilin
(Saratov State Academy of Law, Russia)

KAZAN UNIVERSITY LAW REVIEW
Volume 1, Fall 2016, Number 1


                           Journal executive secretaries:
    Marat Zagidullin

(Kazan Federal University, Russia) Jaroslaw Turfukowski (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, Eduard Krasnov, Iliya Kostin, Ekaterina Avvakumova, Azalia Gubaydullina, Nikita Makolkin, Arthur Vasiliev, Lilia Sharipova, Ernest Ageev, Renata Nigmatullina, Aruzhan Erzhanova.




«KAZAN UNIVERSITY LAW REVIEW»
(registered by The Federal Service for Supervision of Communications, Information Technology and Mass Communications in Russia on 17 November 2016 (certificate number PI № FS 77-67763 (ПИ № ФС 77-67763))

Publication:
four issues per year (one issue per quarter)

KAZAN UNIVERSITY LAW REVIEW ■ Volume 1, Fall 2016, Number 1


        TABLE OF CONTENTS



   Ilshat Gafurov (Kazan, Russia) Welcome address of the rector of Kazan Federal University ...........5
   Lilia Bakulina (Kazan, Russia) Welcome address of the Dean of the Law Faculty ......................6
   Damir Valeev (Kazan, Russia) Welcoming remark of the Editor-in-Chief .............................7

ARTICLES:
   Ildar Tarkhanov (Kazan, Russia)
   Student years of Leo Tolstoy
   and Vladimir Ulyanov (Lenin) at the School of Law of Kazan University ..........................................9
   Valery Lazarev (Moscow, Russia) Integrative perception of law ..................................... 19
   Nina Krsljanin (Belgrade, Serbia)
   ‘Gradozidanije’ - duty of building and repairing fortifications in medieval Serbia.................................. 33
   Michail ChelysheV (Kazan, Russia)
   Ajdar Tufetulov (Kazan, Russia)
   Damir Valeev (Kazan, Russia)
   Fighting Corruption in Russia: The System of Civil Law Means................................................. 45

KAZAN UNIVERSITY LAW REVIEW ■ Volume 1, Fall 2016, Number 1

COMMENTS:

    Jean-Marc Thouvenin (Paris, France)

   Heads of State and other Officials and the International Criminal Court:
   A Commentary on Article 27 of the Rome Statute of the International Criminal Court ........................... 58

    Jaroslaw Turlukowski (Warsaw, Poland)

   Judicial independence or a predictable judiciary: the wrong question or a difficult choice ...................... 76

CONFERENCE REVIEWS:
   Yuriy Lukin (Kazan, Russia)
   Dinar Valeev (Kazan, Russia)
   Nikita Makolkin (Kazan, Russia)
   The first international scientific-practical Convention
   for undergraduate and postgraduate students “Legal Science and Practice 2.0: view for a future” ........... 82

KAZAN UNIVERSITY LAW REVIEW ■ Volume 1, Fall 2016, Number 1

Dear Readers,

Welcome on behalf of the scientific community of Kazan Federal University.
The establishment of our own English-language international legal journal, the Kazan University Law Review, is truly a significant event, not only for the Law Faculty, but also for the whole University.

Kazan Federal University was founded in 1804. Today it is one of the leading universities in Russia and a member of the Russian Academic Excellence Project TOP-5/100. Academic publications are one of the main indicators of the scholarly status of a university. Kazan Federal University has been awarded four stars under the QS Stars Rating system, in recognition that it aims for the highest academic achievements and internalization of academic activities.

It is noteworthy that the Law Faculty is one of the oldest institutions of our University, and it has always held an important place in the development of the University and Russia generally. There are fourteen journals published by Kazan Federal University and now two of them are issued under the direction of the Law Faculty.
I sincerely wish everyone involved with the Kazan University Law Review great success in this ambitious and meaningful undertaking for Kazan Federal University and the Russian Law Project.


                                                    With regards, Rector of Kazan Federal University Ilshat Gafurov

KAZAN UNIVERSITY LAW REVIEW ■ Volume 1, Fall 2016, Number 1

Dear Readers,

I am very pleased to introduce the first English-language law journal in the history of the Law Faculty and Kazan (Volga region) Federal University, the Kazan University Law Review, which was established, and not coincidentally, on the 17th of

November 2016, the 212th anniversary of the founding of Kazan Federal University and on the threshold of Lawyer’s Day.

Traditionally, the Law Faculty has devoted its attention to both legal education and legal science activities. The tradition continues today through the Dissertation Committee’s work under the direction of the Law Faculty, in the one-third of our lectures presented by Doctors of Legal Sciences, in the Faculty as a frequent setting for major international conferences, through our issuing of textbooks and collections of research papers, and in the schools of legal thinking which were formed here.
The idea of establishing the Law Review originated in 2015 as a breakthrough research project of the Law Faculty, with the aim of strengthening and broadening the international relationships between our Faculty and leading schools of law abroad, and also of becoming a platform for the discussion of progressive ideas of eminent scholars and practitioners in the sphere of jurisprudence. There are few journals with a similar conception in Russia, and we hope that the Law Review will become one of the main sources on Russian legal scientific ideas for scholars and lawyers abroad, as well as a forum for foreign legal ideas for Russian readers.
If your academic pursuits are original and your legal practice is exceptional, and if you are open to exchanging your ideas and proposals, then I invite you to join in a unique opportunity and become one of our contributing authors appearing in the Kazan University Law Review.


Dean, Law Faculty
Kazan (Volga region) Federal University
Lilia Bakulina

KAZAN UNIVERSITY LAW REVIEW ■ Volume 1, Fall 2016, Number 1

Dear Readers,

It is a great pleasure to present the new journal Kazan University Law Review, which is given birth through the shared efforts and cooperation of Kazan Federal University, the Moscow publishing house of

legal literature “Statut” and the “LawLit LLC” IT company.
The appearance of English-language legal writings for a broad audience is not an accidental event at Kazan Federal University. The idea had been discussed for a long time because of the expanding international contacts of the University and the Law Faculty. Another incentive for the realization of this project came from our foreign colleagues through their expressed interest in Russian law and desire for joint legal science and educational programs. In addition, leading law schools around the world set the trend for developing beyond local-language periodical publications and creating independent English-language journals. The concept is to make contemporary Russian law in all its richness accessible for the experienced foreign reader.
The issuance of the certificate of registration by the federal communications and IT regulatory agency Roskomnadzor shifted the work on our new journal into high gear and saw the entire Faculty come together in support.
With the first issue in your hands, I am very pleased to introduce the articles contributed by academics of Kazan Federal University and our friends and colleagues from universities abroad. Particularly significant is the cover article prepared by former, longstanding Dean of the Law Faculty Ildar Tarchanov, who is now Research Adviser of the Faculty. His article is devoted to two remarkable past students of the Law Faculty: Lev Tolstoy and Vladimir Ulyanov (Lenin) — this is part of the history of our University.
We are grateful to Professor Valery Lazarev, a bright graduate and teacher of the Law Faculty of Kazan Federal University, now living and working in Moscow, for his support of our first issue through his insightful and important article on integrative perception of law.

KAZAN UNIVERSITY LAW REVIEW ■ Volume 1, Fall 2016, Number 1

For us, it is symbolic and memorable to mention here the last article in the issue, one which was not published within the lifetime of our dear friend Professor Mikhail Chelyshev. Professor Aidar Tufetulov and I co-authored the article with Professor Chelyshev in 2013. We trust the material has not lost its edge and will be found to stand the test of time.
I hope our readers will enjoy and find valuable the contributions of our colleagues from abroad, articles by Professor Jean-Marc Thouvenin (Center of International Law of Paris, France), Professor Nina Krsljanin (University of Belgrade, Serbia) and Professor Jaroslaw Turlukowski (Warsaw University, Poland). We endeavor to present the finest legal writings by Russian and foreign authors on the pages of the journal, and Kazan University Law Review aims to become a leading international platform for the discussion of current challenges and issues across the globe relating to jurisprudence.
This first issue is the beginning of the history of the Kazan University Law Review. Congratulations!

                                                                 With best wishes, Editor-in-Chief Damir Valeev

ILDAR TARKHANOV

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            ARTICLES


                             Ildar Tarkhanov,

                             Doctor of Legal Sciences, Professor Research Adviser of the Law Faculty Kazan Federal University (Kazan, Russia)



        STUDENT YEARS
        OF LEO TOLSTOY AND VLADIMIR ULYANOV (LENIN) AT THE SCHOOL OF LAW OF KAZAN UNIVERSITY


   Abstract: Law Faculty of the Kazan University is well known in Russia and abroad for its scientific schools, students and alumni. Among the graduates, there are those who glorified themselves and alma mater by outstanding work in the field of their creative life -in politics, art, and literature. The article is devoted to two world famous law students of the Kazan University: the great writer Leo Tolstoy and politics, the revolutionary leader Vladimir Ulyanov (Lenin). They have common student destinies, as they both were not able to complete their education at the Law Faculty of the Kazan University, and also our Faculty was the only educational institution where they had been studied. Periods of life of these people in Kazan and studying in the Kazan University are the object of attention of Kazan citizens who are interested in the millennial history of the city; some works of famous historians, memoirs of contemporaries were dedicated to Leo Tolstoy’s period at the university as a student, as he was in the center of secular and cultural life of the city of Kazan at the same time. Faculty of Law honors the memory of Vladimir Ulyanov (Lenin), there was reconstructed classroom in its previous form, where he had been studied, and there is a unique monument of the young Vladimir Ulyanov, established in Soviet times before the main university building.

   Key words: Leo Tolstoy, Vladimir Ulyanov (Lenin), Kazan University, School of Law of Kazan University, culture life in Kazan, students, university

KAZAN UNIVERSITY LAW REVIEW ■ Volume 1, Fall 2016, Number 1

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    The Law School of Kazan University is well known in Russia and abroad for its academic programs, students and alumni. Most of them are renowned themselves and by alma mater through outstanding activities within the legal field. Others expressed themselves in creative fields; in politics, art, and literature. There are two outstanding students among the others who at various times studied legal sciences at the Kazan University. They are the future great writer Leo Tolstoy, and the world-famous politician, revolutionary activist, and the founder of the first socialist state V.I. Ulyanov (Lenin). Their academic fates are similar because neither of them could complete his education at the Law School for various reasons. Also, our department was the only educational institution where they were students. Leo Tolstoy elevated himself and Russian literature by realizing his talent through self-education, without any courses at the University, and Ulyanov (Lenin) received a law degree by passing the exams as an external student at the St. Petersburg University.
    1. Count Leo Tolstoy is a talented writer, a brilliant philosopher and public figure. However for us it is very pertinent to know about his attempt at legal education at the University of Kazan and his attitude toward the law and the law school.
    The life and works of the great Russian writer have been studied by many researchers in various different languages. Voluminous works about the biography of Leo Tolstoy are published. The period of his life in Kazan, and the Kazan University, is the object of attention of Kazan citizens who are interested in the millennial history of the city, as are the biographies of other people whose lives were connected to Leo Tolstoy. Some works of famous historians, memoirs of contemporaries, were dedicated to Leo Tolstoy’s stay at the University ¹. There are some materials about Kazan social life of the period at the Museum of Kazan University². However, that part of the young Tolstoy’s life, when Leo Tolstoy was a law student, is less known. At the same time he was at in the centre of secular and cultural life in the city of Kazan. His views on principles and manners are dominated by society of the period.
    Leo Tolstoy was born September 9, 1828 in the estate of Yasnaya Polyana, Tula Province. Tolstoy’s parents died when he was young, so relatives brought up him and his siblings. Their aunt Alexandra Ilinichna Tolstaya (in marriage - Osten-Sacken) became guardian of the children, and after her death in 1841, Pelagia Ilinichna Tolstaya took

¹ Zagoskin N.P. Graf L.N. Tolstoj i ego studencheskie gody. [Zagoskin N.P. Count L.N. Tolstoy and his student years]- 1st. Vestnik, 1894, № 1. (in Russian)

² Bushkanec E.G. Molodoj L.N. Tolstoj i kul’turnaja zhizn’ Kazani / Kopija stat’i iz fondov Muzeja istorii Kazanskogo universiteta. Emel’janova I.A. Lev Tolstoj na juridicheskom fakul’tete Kazanskogo universiteta [Bushkanec E.G. Young L.N. Tolstoy and cultural life in Kazan / A copy of the article from the collections of the Museum of History of Kazan University. Emelyanova I.A. Leo Tolstoy at the Law Faculty of the University of Kazan] // Sovetskoe gosudarstvo i pravo = Soviet state and law. 1979. № 11. S.128-132. (in Russian)

ILDAR TARKHANOV

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care of the orphans. She was the younger sister of Tolstoy’s father, and her husband was an aristocrat, Vladimir Yushkov. In 1841 they moved to Kazan.
    Kazan has always occupied a special place in the Russian space. Kazan Imperial University, founded in 1804 by decree of Alexander I, was the cultural, scientific and educational center of the city.
    Kazan University was the largest European center of orientalism. Leo Tolstoy chose the eastern branch of philosophy school. His choice was obviously linked to his ability to learn languages and family traditions (his ancestor was the ambassador in Turkey). On October 3, 1844, Leo Tolstoy enrolled at Kazan University.
    It turned out that Leo Tolstoy was not interested in the study on east offices of philosophical school. In April 1845, he was not allowed to take the forthcoming end-of-year examinations for “very rare attendance of lectures and low-success”. After that Leo Tolstoy submitted the application for transfer to the law school. The choice of new school could have been caused by a variety of reasons: Tolstoy’s unwillingness to repeatedly study the same course, advice of relatives to change education and search of a new sphere of direction for proven abilities. At the same time, he noted that the application of jurisprudence “to our private life becomes easier and more natural than any other”¹. It must be considered that at the Kazan University there were only 3 schools outside mathematics: philosophical, medical and law faculty. The Count Tolstoy could not be a doctor according to his social status.
    From memoirs of professor N. P. Zagoskin we can find out that at the time a lot of students were “aristocrats”. In his opinion they were interested not in studies, but in horses, women, parties and fashionable trousers.
    The charter of university of 1835 showed the following departments of study at the law school: encyclopedia and system of jurisprudence, Russian state laws, laws on states and public institutions, Roman legislation and its history, civil laws, the general, special, local; laws of improvement and deanery, laws on state duties and finance, laws police and criminal, principles of public jurisprudence.
    It is necessary to recognize that, in the middle of the 19th century, there were not enough qualified teachers at the law faculty of Kazan University.
    At the same time, a number of professors who were actively and honestly devoted to students in fundamentals of law creatively worked at the law school. So, a great impression was made on the student Leo Tolstoy by the lectures of professor Stanislavsky of the encyclopedia of the law. He was also interested in debates about punishment in the form of capital punishment, which professor Vogel had organized. However



1

  Tolstoj L.N. Sobr. soch., v 90 tomah, t. 59. [Tolstoj L.N. Collected works, in 90 issues, issue 59] M., 1935,
  S. 10. (in Russian)

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Dmitry (Dietrich) Meyer was especially distinguished from teachers of the law school. Having experience at the Berlin University, during his working at law faculty of the Kazan University, he became the center of gravity for a progressive body of students and teachers. It is necessary to emphasize that origin of the Russian civil law is always connected with a name of D.I. Meyer, wherein; D. Meyer was the big scientist. Leo Tolstoy became one of D. Meyer’s students.
    The meeting of these two talented people, student and teacher, was fruitful. D.I. Meyer gave Leo Tolstoy a task to make the report on the subject: The comparative analysis of “Order” of Catherine II (1767) and Charles Montesquieu’s work “The spirit of the law” (Esprit des Lois) (1748). Leo Tolstoy was so fond of this work that it led him to deep reflections about sources of precepts of law, about the principles of a state system. In his diary Leo Tolstoy especially noted that “work with ‘Order’ and ‘Esprit des Lois’ opened for me the new field of intellectual independent work and the university with the requirements, not only did not promote such work, but disturbed it”¹.
    This note allows us to evaluate more about the talents of the student who began to comprehend social science and its reflection in the law. It is possible to speak as well about some elements of the attitude of the student, Leo Tolstoy, to formalism, dominating in educational institutions of Russia, strict requirements to observance of educational discipline. The students were obliged to attend lectures. For absence of lectures, students could be subject to punishments up to being arrested.
    Meanwhile, young Leo Tolstoy sought to think more independently and to build his own conclusions, and to draw conclusions on the basis of his own deep, specially focused analysis of scientific sources and study of literary works. Thus, L. Tolstoy’s priorities lay mainly in the sphere of individual, independent work. To the contrary, regular attendance of lectures, simple listening to professors, their conservative narration of the essence of social processes was not the main form and method of studying the law for the young scientist.
    Obligation to attend lectures depressed Leo Tolstoy. He felt the content of the taught subjects disturbed cognition of reality, does not allow critically thinking about the meaning of the established and existing law, and to form in his mind different approaches to the legal regulation of social life.
    It can be assumed that the active rejection of strict disciplinary rules and principles prevailing in the Kazan University and other educational institutions of Russia, the situation of deep formalism and unjustified severity of consequences contributed to the formation of certain traits, especially the independence of judgment and integrity

1

   Birjukov P.I. Biografija L.N. Tolstogo (kniga pervaja) / serija «Genij v iskusstve» [Birjukov P.I. Biography of L.N. Tolstoy (Book One) / lot “The genius in art”]. M., «Al-goritm», 2000. S.78. (in Russian)