Human and state
Reference:
Kananykina, E.S.
Philosophical traditions of analysis of sources (forms) of law.
// Law and Politics.
2004. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49645
Abstract:
Sources (forms) of law embody rights and freedoms of an individual and a citizen, ensure their reality for all the people, their independence of the opinions of particular subjects of law, their legal protection. E.S. Kananykina’s article is devoted to analysis of customs, laws and other sources of law, which, as the author notes, are not just the means for the recognition of existing law, but rather one of the necessary factors of lawmaking. The author also studies correlation of law and morals, law and custom, etc. The article contains the study of legal positions of a number of phylosophers, devoted to the issues of sources (forms) of law.
Question at hand
Reference:
G. Lubbe-Wolf
Powers of judiciary in the sphere of constitutional law and goals of a constitution.
// Law and Politics.
2004. ¹ 10.
P. 4-8.
URL: https://en.nbpublish.com/library_read_article.php?id=49637
Abstract:
Is constitutional law by itself capable of exercise of justice? This issue gained new importance in the light of a great number of new Constitutions of the post-Soviet states, which are aimed to ensure new social rights and constitutional goals in the conditions of abrupt change of the social order. This article by Professor G. Lubbe-Wolf, member of the Constitutional Court of Germany, casts light on this issue, contains analysis of the problem in the context of Germany and other European states.
Theory
Reference:
Kostennikov, M.V., Kurakin, V.A., Tyurin, A.A., Istratov A.A.
Codifying the norms of Russian administrative law: problems and perspectives.
// Law and Politics.
2004. ¹ 10.
P. 9-19.
URL: https://en.nbpublish.com/library_read_article.php?id=49638
Abstract:
Scientific basis of codifying administrative law based on spheres of its application is one of the most topical issues in the modern science of administrative law in Russia. For this very reason, this aspect of administrative law, which was virtually untouched up to this time, calls for special attention. The authors of this article study a number of problems regarding codification of administrative law and offer various options for positive solutions of existing problems.
State institutions and legal systems
Reference:
Ragulin, A.V.
Responsibility for group hooliganism in Russian criminal law.
// Law and Politics.
2004. ¹ 10.
P. 20-34.
URL: https://en.nbpublish.com/library_read_article.php?id=49639
Abstract:
This article contains critical analysis of provisions of Article 213 of the Criminal Code of the Russian Federation on group hooliganism. As the author notes, in spite of the amendments, which were applied to the Criminal Code of Russia by the Federal law of 8th of December, 2003, a number of problems, regarding application of Article 213 of the Criminal code in case of group hooliganism, remained unsloved. The article also contains analysis of existing case law on the issue, possible solutions.
Transformation of legal and political systems
Reference:
Myasnyankin, V.N.
International treaties within the legal system of the Russian Federation: in force and effective.
// Law and Politics.
2004. ¹ 10.
P. 35-46.
URL: https://en.nbpublish.com/library_read_article.php?id=49640
Abstract:
Application of international treaties to the legal relations in the Russian Federation seems less complicated than application of other sources of international law. However, an international treaty is not that simple either. The author studies conditions of application of international treaties in accordance with the Vienna convention on the law of treaties, reviews conditions, regarding validity of treaties, their entry into force and end of their aplication. This article also contains analysis of judicial caselaw.
Law and order
Reference:
Sitkareva, E.V.
Contradiction to the public order as a basis for declaring a decision of an international commercial arbitration void.
// Law and Politics.
2004. ¹ 10.
P. 47-52.
URL: https://en.nbpublish.com/library_read_article.php?id=49641
Abstract:
At this time the term “public order” as a basis for declaring decisions of international commercial arbitration bodies void is being reevaluated both in legal doctrine and in practice. The author studies this problem and finds it necessary to turn to the concept of the “transnational public order”, which is the most acceptable expression of modern tendencies in this sphere. The author also stresses necessity of amending Russian legislation to limit the grounds for declaring the decisions of international commercial arbitration bodies void.
Law and order
Reference:
Ivensky, A.I., Tikhonov, A.K., Gromov, N.A.
Truth and the problem of achieving the truth in criminal process.
// Law and Politics.
2004. ¹ 10.
P. 53-59.
URL: https://en.nbpublish.com/library_read_article.php?id=49642
Abstract:
Is it possible to achieve objective truth in judicial process? What is truth as such? What is “legal truth”? Finding a right answer to these questions is of paramount importance for both legal science and legal practice. The authors of this article analyse the problem of achieving objective truth and procedural (legal) truth within criminal judicial process, study existing caselaw.
International relations: interaction systems
Reference:
Kuzovlev, E.V.
Legal nature of obligations raising of torts.
// Law and Politics.
2004. ¹ 10.
P. 60-68.
URL: https://en.nbpublish.com/library_read_article.php?id=49643
Abstract:
The author of this article tries to find out what is the nature of legal obligations raising of torts, analyzes positions of renowned legal scholars on legal nature of tort obligations.
International relations: interaction systems
Reference:
Nevskaya, O.V.
Who provides legal assistance in court?
// Law and Politics.
2004. ¹ 10.
P. 69-73.
URL: https://en.nbpublish.com/library_read_article.php?id=49644
Abstract:
Legal assistance and legal counselling are the institutions aimed to ensure protections of rights and freedoms of people. Thus, as the author of this article notes, it is important to provide detailed legislative regulation of legal councelling and assistance. The author of this article studies this problem, offers to amend Russian legislation to ensure more effective protection of the right of people for qualified legal assistance.
JUDICIAL POWER
Reference:
Pevtsova, E.A.
Problems of formation of legal conscience, legal education and legal culture within modern Russian jurisprudence.
// Law and Politics.
2004. ¹ 10.
P. 74-82.
URL: https://en.nbpublish.com/library_read_article.php?id=49646
Abstract:
In this article E.A. Pevtsova studies topical problems of formation of legal conscience and legal culture of the people in Russia, which should ensure that the people can actually use their rights. The author reviews existing positions of various scientific schools on legal education and legal conscience, emphasises the role of the state in forming legal conscience within the modern society, necessity of paying special attention to the legal education and legal culture of the young people.
JUDICIAL POWER
Reference:
Laskovyi, V.A.
Customer protection in the sphere of investments.
// Law and Politics.
2004. ¹ 10.
P. 83-85.
URL: https://en.nbpublish.com/library_read_article.php?id=49647
Abstract:
Formation and development of the sphere of investments into house-building calls for adequate protection of investors rights and for ensuring stability of legal relations in this sphere in the situation that is full of both economical and political risks. Author of this article studies the topical issue of customer protection in investment relations in the sphere of house-building, offers to take measures for contract registration, amend Russian legislation.
JUDICIAL POWER
Reference:
Zaporozhets, A.M., Pogorelov, D.V.
Some problems of state influence on economic processes.
// Law and Politics.
2004. ¹ 10.
P. 86-92.
URL: https://en.nbpublish.com/library_read_article.php?id=49648
Abstract:
The authors of this article study the issue of economy management in modern Russia and role of government regulation as an element of economy management. The authors also review historical experience of the planned economy, differentiate the terms of “management” and “regulation”, provide their point of view on this problem and its role for Russia as a social state.
Practical law manual
Reference:
Bessarabov, V.G., Troyno
Development of the institution of bailiffs and executive procedure in Russia before the Revolution.
// Law and Politics.
2004. ¹ 10.
P. 93-100.
URL: https://en.nbpublish.com/library_read_article.php?id=49649
Abstract:
The formation and development of investment activity in construction, as part of civil turnover, involves not only the granting of certain rights to investors, but also the provision of measures that allow such rights to protect and guarantee the legal stability of their application regardless of existing ones economic and political risks. In this article, the author explores the actual problem of protection of the rights of the consumer in investment relations, in particular in the framework of the relationship of developers with consumers, proposes to introduce measures to take into account contracts, to amend the current legislation.
Discussion forum
Reference:
Ospennikov, Y.V.
Classification of sale contracts in North-Western Russia of XII-XV centuries.
// Law and Politics.
2004. ¹ 10.
P. 101-115.
URL: https://en.nbpublish.com/library_read_article.php?id=49650
Abstract:
Currently, due to resurrection of the institution of bailffs, which existed in Russia before the October Revolution of 1917, its history is of special value for us. This article contains a detailed study of development and specific features of the institution of baliffs in Russia before the Revolution.
History of state and law
Reference:
Kulnev, V.N.
What to do? Whose fault is it?Review of the book by Matuzov, N.I. “Topical problems of theory of law”, published by Saratov state academy of law, 2003, 26 units.
// Law and Politics.
2004. ¹ 10.
P. 116-124.
URL: https://en.nbpublish.com/library_read_article.php?id=49651
Abstract:
This article is devoted to the study of contracts in North-Western Russia in XII-XV centuries, which is aimed to develop the classification of contracts. The author comes to a conclusion that one could single out various kinds of sale contracts, based on differences in defining goods and price of goods, conditions of delivery, which, in turn give ground to varying obligations of the parties to the contracts.
History of state and law
Reference:
Yu.V. Ospennikov
Types of purchase and sale agreements in the law of North-Western Russia of the XII-XV centuries.
// Law and Politics.
2004. ¹ 10.
P. 125-133.
URL: https://en.nbpublish.com/library_read_article.php?id=49652
Abstract:
The author of this article refers to private legal acts North-Western Russia XII-XV centuries in order to identify a system of types contractspurchase and sale in law North-Western Russia XII-XV bb, comes to the conclusion that in addition to the usual purchase and sale, it is possible to distinguish contract sell, buy with a report, buy with borrowed kuna, buy on credit, buyout. The basis for the allocation of various typescontracts of purchase and sale are differences in the definition of the subject and price, the conditions of their transfer, which in turn leads to variations in determining the obligations of the parties, that is, the content of the contractuallegal relationship.
Biblion
Reference:
V.N. Kul'nev
Leasing: contractual relations and state participation.Zemlyakova G.L. "Leasing in agriculture of Russia: legal regulation". – M.: Law and State, 2004 – 215 p.(ISBN 5-98033-015-1)
// Law and Politics.
2004. ¹ 10.
P. 148-151.
URL: https://en.nbpublish.com/library_read_article.php?id=49653
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