History of state and law
Reference:
Baytin, M.I.
On some collisions in the legal sphere of Russia and possible solutions.
// Law and Politics.
2004. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49628
Abstract:
In this article Professor Baytin studies a number of negative phenomena, which impede formation of the Russian Federation as a jural state, taking the problem of capital punishment and capital punishment moratorium to mirror the said problems. The author also analyses the issues of legitimacy of the capital punishment moratorium, studies position of the Constitutional Court of the Russian Federation and views the possibility of creating an appeal body to review the decisions of the Constitutional Court, providing a right to give authentic interpretation of legislation to the State Duma of the Russian Federation.
Question at hand
Reference:
Egorov, A.V.
Law doctrine in the capacity of Comparative law.
// Law and Politics.
2004. ¹ 9.
P. 4-9.
URL: https://en.nbpublish.com/library_read_article.php?id=49612
Abstract:
Analysis of legal doctrine as belonging to traditions of a certain legal family allows both a legal scholar and a legal practitioner to work with legal materials more effectively. In this article A.V. Egorov proves that correct understanding of form and content of a legal doctrine as belonging to a certain legal family is a “must” for correct application of law and understanding of foreign legal traditions. In this article the nature of a legal doctrine, its main functions and its difference from legal theories are studies. The author also pays attention to the existing classification of legal doctrines.
Theory
Reference:
Samochkin, A.N.
Constitutional delicts in the sphere of property in the subjects of the Russian Federation.
// Law and Politics.
2004. ¹ 9.
P. 10-15.
URL: https://en.nbpublish.com/library_read_article.php?id=49613
Abstract:
This article is devoted to the problem of constitutional delicts in the sphere of property in Constitutions and Ustavs of the subjects of the Russian Federation, including those in the previous versions of the said acts. The author studies violations by the subjects of the Russian Federation of such principles, as priority of the Constitution of the Russian Federation and federal laws, constitutional separation of powers of the Russian Federation and the subjects of the Russian Federation, priority of human rights. The author then comes to a conclusion that it is necessary to finish the process of bringing the Constitutions and Ustavs of the subjects of the Russian Federation into accordance with the Constitution of the Russian Federation and federal legislation in order to avoid constitutional delicts, and that it is also necessary to pass a federal law “On the constitutional responsibility of a subject of the Russian Federation”, which should become one of the signature pieces of the institution of federal interference in the Russian Federation.
Transformation of legal and political systems
Reference:
Alexeev, V.B.
Legal regulation of the institution of bankruptcy (insolvency) in 1922-2001.
// Law and Politics.
2004. ¹ 9.
P. 16-21.
URL: https://en.nbpublish.com/library_read_article.php?id=49614
Abstract:
Institution of bankruptcy (insolvency) is a necessary part of market economy. It stimulates the enterpreneurs in the market, guarantees the interests of creditors and those of the state, as the basic regulating body in the market. V.B. Alexeev’s article contains critical analysis of the institution of bankruptcy (insolvency) in Russia in 1922-2001, and of economical mistakes, made in this period, privatization and redistribution of property.
Transformation of legal and political systems
Reference:
Kostennikov, M.V., Kurakin, A.V., Tyurin V.A.
Principles of administrative law and principles of codification of administrative law of the Russian Federation.
// Law and Politics.
2004. ¹ 9.
P. 22-28.
URL: https://en.nbpublish.com/library_read_article.php?id=49615
Abstract:
Currently a new system of principles of administrative law is being formed due to new social and political conditions in the Russian society. Therefore, as the authors of this article note, there is great need in studying this sphere of administrative law, which previously was paid little attention to. The authors present characteristic features and study the value of the principles of administrative law and principles of codification.
Transformation of legal and political systems
Reference:
Gilman, P.S.
Specific features of transitional period in Russia and its influence on formation of contractual relations.
// Law and Politics.
2004. ¹ 9.
P. 29-36.
URL: https://en.nbpublish.com/library_read_article.php?id=49616
Abstract:
In the P.S. Gilman’s article one can find critical analysis of the specific features of the contractual relations in Russia. The author also reviews case law of the International Commercial Arbitrazh Court of the Chamber of Commerce and Industry of the Russian Federation.
Transformation of legal and political systems
Reference:
Mamaev, R.B.
Condition and perspectives of legal basis for differentiation of the state power between the Russian Federation and its subjects.
// Law and Politics.
2004. ¹ 9.
P. 37-39.
URL: https://en.nbpublish.com/library_read_article.php?id=49617
Abstract:
R.B. Mamaev’s article is devoted to the topical problem of differentiation of powers between the subjects of the Russian Federation and the Russian Federation itself. As the author notes, rational solution of this problem is a key issue for the Russian federalism, and it is necessary to deal with such problems as economic inequality of the subjects of the Federation. The author also provides detailed analysis of the legislative basis in this sphere, points out a number of key elements of differentiation of state powers both “vertically” and “horizontally”, which should allow achieving necessary results and avoiding abrupt changes.
Authority and management
Reference:
Ivanov, N.N., Karpukhin, Y.G., Fedorchenko, E.O.
Characteristic features and matter of strategic management of the law-enforcement bodies in Russia.
// Law and Politics.
2004. ¹ 9.
P. 40-48.
URL: https://en.nbpublish.com/library_read_article.php?id=49618
Abstract:
At the current stage of development of the Russian society, while both economic and political reforms are taking place, a clear political strategy in the sphere of law-enforcement is necessary for making Russia a jural state. The authors of this article present theoretical analysis of the problem of strategic management in this sphere, offer a number of recommendations, note that it is necessary to create the Concept of development of the law-enforcement bodies of Russia, as a necessary part of the state strategic management of law enforcement reform.
State institutions and legal systems
Reference:
Dobrachev, D.V.
Perspectives of development of the system of Arbitrazh Courts in Russia.
// Law and Politics.
2004. ¹ 9.
P. 49-57.
URL: https://en.nbpublish.com/library_read_article.php?id=49619
Abstract:
In this article the author studies the perspective of joining together the systems of the Arbitrazh courts and the courts of general jurisdiction, evaluates necessity of such a reform and how such a reform would meet the demands of a modern judicial system of Russia. The author comes to a conclusion that it is not reasonable to destroy the existing system of the Arbitrazh courts. It also should be noted that the author takes a look at the system of the Arbitrazh court and the judicial reform through the “looking-glass” of the judicial reform of late XIX century Russia.
State institutions and legal systems
Reference:
Bykov, V.M.
Freedom of evaluation of evidence in the Criminal Procedure Code of the Russian Federation.
// Law and Politics.
2004. ¹ 9.
P. 58-65.
URL: https://en.nbpublish.com/library_read_article.php?id=49620
Abstract:
In this article V.M. Bykov studies novel features of the Criminal procedural code of the Russian Federation of 2001, which are related to the evaluation of evidence. The author casts light on the contradictions between the novel features and the provisions of the Code prohibiting to give the eveidence pre-set value. V.M. Bykov is critical of the legislative idea of recognising freedom of evaluation of evidence as a principle of the criminal procedure (Art. 17 of the CPC of the RF). He also studies the problems, relating to the evaluation of evidence based on the judge’s conviction within the pre-trial procedure, offers to introduce a number of amendments to the CPC of the RF in order to solve existing problems and to improve criminal procedural law.
Law and order
Reference:
Trunov, I.L.
Legal aspects of fighting terrorism.
// Law and Politics.
2004. ¹ 9.
P. 66-69.
URL: https://en.nbpublish.com/library_read_article.php?id=49621
Abstract:
Terrorism is the global problem of our time. Legislative basis of fighting terrorism should ensure fast and effective investigation and arrest of terrorists, exchange of information before the terrorist attack. In this article Professor Trunov expresses his view on the problem of terrorism and legislative basis for fighting financing of terrorism, studies practice of foreign states on this problem.
International relations: interaction systems
Reference:
Gavrilov, V.V.
Preconditions of interaction of international and national legal systems.
// Law and Politics.
2004. ¹ 9.
P. 70-75.
URL: https://en.nbpublish.com/library_read_article.php?id=49622
Abstract:
Author studies a number of preconditions and factors, which influence legal correlation of international and national legal systems, comes to a conclusion on social and normative unity of the process of creation, development and functioning of international and national legal systems. The author considers that there exists not only a possibility but also an objective necessity of interaction of those systems in order to ensure adequate and effective legal regulation of social relations of both international and national character in the Age of Globalisation.
International relations: interaction systems
Reference:
Myasnyankin, V.N.
Role of international law in the legal system of the Russian Federation.
// Law and Politics.
2004. ¹ 9.
P. 76-82.
URL: https://en.nbpublish.com/library_read_article.php?id=49623
Abstract:
In this article the problem of inclusion of international legal norms into a legal system is studied. Author presents a number of views on definition and composition of a legal system. The author also studies correlation of provisions of the Constitution of the Russian Federation and generally recognised norms of international law, pays attention to the role of international law as means of regulation of social relations in the Russian Federation.
International relations: interaction systems
Reference:
Zaitseva, A.A.
Problems of information legislation in Russia and possible solutions.
// Law and Politics.
2004. ¹ 9.
P. 83-91.
URL: https://en.nbpublish.com/library_read_article.php?id=49624
Abstract:
In this article A.A. Zaitseva studies existing legal basis on social relations in the sphere of information in the Russian Federation, notes the optimal directions of legal regulation in this sphere. Author comes to a conclusion that it is necessary to regulate information relations more effectively, bring more order into the legislative base, and pass a number of legislative acts, to make it possible to pass a codified act, such the Information Code of the Russian Federation, organise international co-operation in this sphere more effectively.
Public communications
Reference:
Dashyan, M.S.
Inconsequence of “spam”: legal problems of unsanctioned mass electronic messages within the information and communication systems.
// Law and Politics.
2004. ¹ 9.
P. 92-96.
URL: https://en.nbpublish.com/library_read_article.php?id=49625
Abstract:
One of the most popular services in Internet is electronic mail. This article is devoted to legal regulation of use of electronic mail for unsanctioned mass mail, and for “spam” - unsanctioned commercial advertisement mail in Internet.
Public communications
Reference:
Tyurkin, M.L.
Migration system of Russia: current condition and general tendencies of development.
// Law and Politics.
2004. ¹ 9.
P. 97-101.
URL: https://en.nbpublish.com/library_read_article.php?id=49626
Abstract:
In M.L. Tyurkin’s article is devoted to analysis of basic rules, contradictions and tendencies at the current stage of development of the migration system of the Russian Federation. Author studies the factors, which influence the migration system, such as universal and Russian tendencies in development of the migration system, provides statistical data, studies a number of existing problems, such as forced migration, expanding population, necessity of better organisation of administrative control over migration.
Human and state
Reference:
Abramovsky, A.A.
Some peculiar features of formation of Soviet judicial system locally in 1917-1918 (an example of Orenburg province).
// Law and Politics.
2004. ¹ 9.
P. 102-111.
URL: https://en.nbpublish.com/library_read_article.php?id=49627
Abstract:
This article contains evaluation of the process of formation of a new judicial system in Russia in 1917-1918. At this time both spontaneously created institutions and the People’s Courts, established by the Soviet bodies, existed. The article contains detailed analysis of formation of the judicial system in the Orenburg province in 1917-1918, statistical and factual data.
History of state and law
Reference:
Vasenin, S.S.
Land relations of the easement type in Russia before the Revolution.
// Law and Politics.
2004. ¹ 9.
P. 120-124.
URL: https://en.nbpublish.com/library_read_article.php?id=49629
Abstract:
Did land relations of the easement type exist in Russia before the Revolution? The author studies legal institutions that existed before the Revolution and were close by their nature to the easement, reviews positions of such renowned scholars as K.P. Pobedonostsev, G.F. Sherschenevich, D.I. Mayer, comes to a conclusion that at the nature of these institutions was more of a public law than a private law type, which negatively influenced development of economic relations.
History of state and law
Reference:
Bayev, V.G.
“Unitary” federalism of the Weimar Germany.
// Law and Politics.
2004. ¹ 9.
P. 125-130.
URL: https://en.nbpublish.com/library_read_article.php?id=49630
Abstract:
V.G. Bayev’s article is devoted to the study of a unique historical experience of German federalism. Author takes an attempt to find the causes of specific nature of German federalism, provides detailed analysis of the projects of the Constitution of the Weimar Republic, which was developed by G. Preiss and M. Weber, and the final version of the said act. The author notes such characteristic features of the Weimar federalism as inequality of the subjects of the federation, lack of good will to unite, centralisation of the state power and government and bureaucratic character of centralisation. As a result, while being formally one of the most democratic Constitutions, the Weimar Constitution weakened Prussia, and the Weimar federalism created a base for the development of Hitler’s ideas.
Practical law manual
Reference:
Kuzovlev, E.V.
Legal regulation of relations raising of causing damage.
// Law and Politics.
2004. ¹ 9.
P. 131-136.
URL: https://en.nbpublish.com/library_read_article.php?id=49631
Abstract:
In this article provisions in the various spheres of Russian law regarding legal relations, raising from causing damage are studied. The author pays attention to civil, labour and criminal law, studies the practice of the Constitutional Court of the Russian Federation.
Discussion forum
Reference:
Mazurov, A.V.
Land Code of the Russian Federation: constitutional and legal aspects.
// Law and Politics.
2004. ¹ 9.
P. 137-144.
URL: https://en.nbpublish.com/library_read_article.php?id=49632
Abstract:
This article is devoted to the “land issue” in the Russian Federation, it contains the study of history of the land issue and attempts to solve land-related problems. The author also studies position of the Constitutional Court of the Russian Federation, as expressed in the Decision of the Constitutional Court of the Russian Federation in the case heard by request of the Murmansk Oblast Duma regarding constitutionality of the Land Code of the Russian Federation, by which the provisions of the Land Code were found non-contradictory to the Constitution of the Russian Federation.
Biblion
Reference:
Kachanovsky, U.V.
What to do? Whose fault is it?
// Law and Politics.
2004. ¹ 9.
P. 145-146.
URL: https://en.nbpublish.com/library_read_article.php?id=49633
Abstract:
Review of the book by Matuzov, N.I. “Topical problems of theory of law”, published by Saratov state academy of law, 2003, 26 units.
Biblion
Reference:
Kolodkin, A.L.
On legal regime of marine territory.
// Law and Politics.
2004. ¹ 9.
P. 146-147.
URL: https://en.nbpublish.com/library_read_article.php?id=49634
Abstract:
Review of the book by Vylegzhanin, A.N. “Judgements of the International Court of Justice on delimitation of marine territories”, published by “Yuridicheskaya literatura”, Moscow,2004, 224 p.
Biblion
Reference:
Yu.V. Kachanovskiy
On the anniversary of Sergey Sergeyevich Alekseev.
// Law and Politics.
2004. ¹ 9.
P. 148-150.
URL: https://en.nbpublish.com/library_read_article.php?id=49635
Biblion
Reference:
A.L. Kolodkin
On the anniversary of Stanislav Vladimirovich Borodin.
// Law and Politics.
2004. ¹ 9.
P. 150-151.
URL: https://en.nbpublish.com/library_read_article.php?id=49636
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