Law and Politics

Contents

Authority and management
Alpatov, Y.M. — Adoption of the Constitution of the Russian Federation - the start of a new era in development of municipal self-government.	P. 5 - 9

Kachushkin, S.V. — Correlation of powers of the state government bodies in the sphere of normative legal regulation of the state civil service.	P. 10 - 13

Kolokoltsev, A.N. — An administrative contract as a legal form of government.	P. 14 - 19
Transformation of legal and political systems
Dovgal, G.V. — The Far Eastern political elite: on the issue of social structure and specific features of recruiting.	P. 20 - 24

Korzennikov, V.N. — Specific features of regional processes of state-formation in the Northern Caucasia in the 1990s.	P. 25 - 29
Stabilization systems: government control
Churkina, L.M. — Control as the condition for an effective implementation of the decisions of the European Court of Human Rights.	P. 30 - 35
Stabilization systems: fiscal control
Apikov, R.S. — Legal regulation of pension investments	P. 36 - 41

Chulovsky, K.Y. — Negative transfers from local budgets within the system of relations between the budgets.	P. 42 - 45
Law and order
Arutyunova, K.G. — Means of protection from non-friendly mergers in the USA.	P. 46 - 55

Bessarabov, V.G., Bessarabov, G.G. — Freedom of conscience in the penitentiary institutions of the Russian Federation and the Prosecutor’s office.	P. 56 - 62
International security systems
Makarova, G.N. — Topical problems related to activities of the Organization for Security and Cooperation in Europe (OSCE) at the current stage.	P. 63 - 66
International relations: interaction systems
Rabtsevich, O.I. — International criminal procedural law within the context of the problems of the system of modern international law.	P. 67 - 69
JUDICIAL POWER
Sklizkov, A.N. — The principle of directness in the criminal judicial procedure: doctrine and legislation.	P. 70 - 76

Poleschuk, O.V., Patrusheva, T.V., Saksin, S.V. — Current status of a specialist in the criminal judicial procedure.	P. 77 - 82

Yanina, Y.Y. — Legality as a criterion of acceptability of compromises in the sphere of conflict resolution within criminal judicial procedure.	P. 83 - 85

Yuing, Ch., Meyhua, M. — Some problems related to protection of suspect’s rights in the criminal procedural legislation of the People’s Republic of China.	P. 86 - 90
Human and state
Tsaliev, A.M. — Implementation of the European human rights standards in the Northern Ossetia – Alaniya Republic.	P. 91 - 94
History of state and law
Kochkina, M.V. — Specific feature of legal definition of crimes under the Soviet legislation of 1917 - early 1920s.	P. 95 - 99

Anokhina, S.V. — Advocacy in Russia in the second half of the XIX century.	P. 100 - 104

Bobrovsky, O.V. — Pre-trial procedure under the Russian Truth.	P. 105 - 109

Ryzhov, D.S. — The Supreme Disciplinary Presence of the Governing Senate as a body of control over judiciary in Russia at the time of the reforms.	P. 110 - 114

Revina S.N. — On specific features of studies of correlations between law and economics in the Soviet time and the modern time.	P. 115 - 122
Jurisprudence
Denisenko, V.V. — The linguistic paradigm as a modern methodological basis for the general theory of law.	P. 123 - 127
Legal and political thought
Kornev, V.V. — “Rights and freedoms of an individual in the conservative philosophical and legal thought of Russia of reform period”.	P. 128 - 132
Conflict: tools of stabilization
Pavlova, I.Y. — System of rights of priority in the modern civil law.	P. 133 - 142
Practical law manual
Revyagin, A.V. — The elements of unsolved violent crime.	P. 143 - 145

Dushina, I.N. — Definition and legal nature of the contract for transportation of goods by railway.	P. 146 - 149
Biblion
Polubinskaya, S.V. — The picture of a crime from the angle of the criminal law science.	P. 150 - 151

Contents details

Authority and management

Reference:

Alpatov, Y.M. (2007). Adoption of the Constitution of the Russian Federation - the start of a new era in development of municipal self-government. Law and Politics, 9, 5–9. https://en.nbpublish.com/library_read_article.php?id=50264

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Abstract: The adoption of the Constitution of the Russian Federation in 1993 can with good reason be considered the beginning of a new stage in the formation of urban self-government in Russia. Naturally, the very format of the Constitution of the Russian Federation does not allow to formulate the issues considered in it with sufficient detail for practical application. Therefore, speaking, including about local self-government, the developers of the Constitution of the Russian Federation limited themselves to introducing fundamental principles into its text, taking into account which the relevant legislation should have been adopted…The implementation of these principles in Russian legislation is considered by Yu.M. Alpatov.

Authority and management

Reference:

Kachushkin, S.V. (2007). Correlation of powers of the state government bodies in the sphere of normative legal regulation of the state civil service. Law and Politics, 9, 10–13. https://en.nbpublish.com/library_read_article.php?id=50265

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Abstract: The Constitution of the Russian Federation does not contain an unambiguous answer to the question: in whose jurisdiction is the sphere of normative legal regulation of the state civil service. Prior to the adoption of Federal Law No. 58-FZ of May 27, 2003 "On the System of Public Service of the Russian Federation", many scientists believed that public service could be attributed to the sub-branches of administrative legislation, and therefore to the subjects of joint jurisdiction of the Russian Federation and the subjects of the Russian Federation. Some experts reasonably believed that this question does not have an unambiguous interpretation. In the article by S.V. Kachushkin, this issue is considered, an analysis of legislation is given.

Authority and management

Reference:

Kolokoltsev, A.N. (2007). An administrative contract as a legal form of government. Law and Politics, 9, 14–19. https://en.nbpublish.com/library_read_article.php?id=50266

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Abstract: In the process of studying the problem of forms of management, many scientists wondered if, before using the contract, state-management relations were built vertically, then with the use of agreements, whether such relations would not establish a contractual regime inherent in private law, and therefore upset the method of regulating administrative and power relations, since "we should not forget that horizontal relations are not capable of being a direct form of implementation of executive power"…

Transformation of legal and political systems

Reference:

Dovgal, G.V. (2007). The Far Eastern political elite: on the issue of social structure and specific features of recruiting. Law and Politics, 9, 20–24. https://en.nbpublish.com/library_read_article.php?id=50267

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Abstract: The process of formation of the institution of domestic regional political elites, which unfolded at the end of the twentieth century, is now actively underway in the Russian Far East. The practice of elite education in the Far Eastern region fully corresponds to all-Russian trends. However, as the study shows, there are some peculiarities here. The formation of the Far Eastern elite groups (their composition, the pace of transformation) was affected by the marginal position of the Far Eastern subjects of the Russian Federation. It is no secret that during the period of revolutionary upheavals, cardinal changes occur primarily in the composition of the capital's elites. The changes in the province are not so radical at first. Significant transformations at the regional level (the Russian Far East) are observed with a separation from the all-Russian ones in 4-6 years.

Transformation of legal and political systems

Reference:

Korzennikov, V.N. (2007). Specific features of regional processes of state-formation in the Northern Caucasia in the 1990s. Law and Politics, 9, 25–29. https://en.nbpublish.com/library_read_article.php?id=50268

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Abstract: The main feature of the process of state formation and development of the republics of the North Caucasus is undoubtedly the hypertrophied national factor, which most determined the specifics of the formation of statehood in the region in the first half of the 1990s. It should be noted that in the ideal democratic model, including the one established by the foundations of the constitutional system of Russia, nationalism as a political factor has no place. In practice, the hypertrophiing of the national principle in the political process began with the submission of the Union, and then the Russian center, which seized the initiative, with the approval of the concept of national policy of the USSR, then various kinds of statements, declarations of the central government and the adoption of relevant federal laws.

Stabilization systems: government control

Reference:

Churkina, L.M. (2007). Control as the condition for an effective implementation of the decisions of the European Court of Human Rights. Law and Politics, 9, 30–35. https://en.nbpublish.com/library_read_article.php?id=50269

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Abstract: Monitoring the implementation of the rulings of the European Court of Human Rights is an indispensable condition for Russia to fulfill its international obligations, in particular, under the European Convention for the Protection of Human Rights. In addition, it should be noted that from the point of view of national law, international norms are binding not only for the State as a whole, but also for specific bodies of States defined by the norms of national law. The main role of monitoring the implementation of international human rights treaties at the national level lies with the legislative, executive and judicial authorities, whose main task is to establish compliance between the obligations assumed and their practical implementation.

Stabilization systems: fiscal control

Reference:

Apikov, R.S. (2007). Legal regulation of pension investments. Law and Politics, 9, 36–41. https://en.nbpublish.com/library_read_article.php?id=50270

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Abstract: Since the beginning of the reform of the pension system in Russia, measures have been actively implemented aimed at forming citizens' economic interest in transferring the funded part of the pension to the non-state pension sector. Non-state pension provision began to be considered as a real alternative to state provision. As a result of the socio-economic reforms carried out in our country during the 1990s, there was an objective need to change the system of legal regulation of pension provision…

Stabilization systems: fiscal control

Reference:

Chulovsky, K.Y. (2007). Negative transfers from local budgets within the system of relations between the budgets. Law and Politics, 9, 42–45. https://en.nbpublish.com/library_read_article.php?id=50271

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Abstract: To date, any full coverage of expenditure needs financed from local budgets is impossible outside of the financial resources coming to these budgets through the channels of inter-budgetary relations. According to experts, for both the majority of existing and newly created local governments, the nature of their budgetary relations with the subject of the Federation remains a key factor determining their ability to solve the main problems of economic and social development on the ground. Municipalities are heavily dependent on gratuitous transfers provided from budgets of other levels.

Law and order

Reference:

Arutyunova, K.G. (2007). Means of protection from non-friendly mergers in the USA. Law and Politics, 9, 46–55. https://en.nbpublish.com/library_read_article.php?id=50272

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Abstract: "Mergers" and "acquisitions" are considered in the United States as complex and specific legal institutions, regulated in detail by legislative regulations. The US legal doctrine defines "takeover" as one of the forms of changing "control" over the company as a result of the transfer of ownership of a large block of shares or the most liquid assets of the company and indicates the characteristic features in the presence of which "takeover" can be considered "unfriendly". To prevent "unfriendly takeovers", American companies can use general or special protection methods.

Law and order

Reference:

Bessarabov, V.G., Bessarabov, G.G. (2007). Freedom of conscience in the penitentiary institutions of the Russian Federation and the Prosecutor’s office. Law and Politics, 9, 56–62. https://en.nbpublish.com/library_read_article.php?id=50273

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International security systems

Reference:

Makarova, G.N. (2007). Topical problems related to activities of the Organization for Security and Cooperation in Europe (OSCE) at the current stage. Law and Politics, 9, 63–66. https://en.nbpublish.com/library_read_article.php?id=50274

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Abstract: The OSCE, while maintaining stability and cooperation in the European space, nevertheless found itself on the sidelines of solving really urgent and important security problems, which led to the question of revising its political agenda, improving its institutions and significantly strengthening it as an international organization.

International relations: interaction systems

Reference:

Rabtsevich, O.I. (2007). International criminal procedural law within the context of the problems of the system of modern international law. Law and Politics, 9, 67–69. https://en.nbpublish.com/library_read_article.php?id=50275

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Abstract: International criminal law as a branch of law caused a lot of controversy at the time, although at the present stage there is a chapter dedicated to it in every textbook on international law. There is no unanimity among international experts not only in the definitions of new industries that are continuing their formation, but even in the formulation of concepts of generally recognized industries. For example, one can meet different points of view regarding international humanitarian law. In particular, the categories of the conceptual series "systems of law" and "systems of international law" such as: "branch of law", "sub-branch of law", "institute of law" require detailed development.

JUDICIAL POWER

Reference:

Sklizkov, A.N. (2007). The principle of directness in the criminal judicial procedure: doctrine and legislation. Law and Politics, 9, 70–76. https://en.nbpublish.com/library_read_article.php?id=50276

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Abstract: In modern criminal proceedings, there is a lack of a clear concept regarding the principle of immediacy. On the one hand, this principle is not included in the list of principles of Chapter 2 of the Code of Criminal Procedure of the Russian Federation, and on the other hand, the rule set out in Article 240 of the Code of Criminal Procedure of the Russian Federation on immediacy, as a general condition of judicial proceedings, is much broader in content than the method of examining evidence established by law only at this stage. Articles 276 and 281 of the Code of Criminal Procedure of the Russian Federation, although they retained the name similar to Articles 281, 286 of the Code of Criminal Procedure of the RSFSR, according to the norms contained in them, can hardly, as before, be interpreted by exceptions to the requirement of direct examination of evidence. However, it is in this sense that they are indicated in Article 240 of the Code of Criminal Procedure of the Russian Federation. Due to the fact that the content of the principle of immediacy has not been disclosed by the legislator (as it was done with respect to other principles of criminal proceedings in Chapter 2 of the Code of Criminal Procedure of the Russian Federation), law enforcement practice has lost its orientation in the application of procedural norms…

JUDICIAL POWER

Reference:

Poleschuk, O.V., Patrusheva, T.V., Saksin, S.V. (2007). Current status of a specialist in the criminal judicial procedure. Law and Politics, 9, 77–82. https://en.nbpublish.com/library_read_article.php?id=50277

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Abstract: The legislator has fixed a provision in the Criminal Procedure Code of the Russian Federation, according to which any person with special knowledge and participating in all procedural actions, except for the examination, acts as a specialist. At the same time, the purpose of attracting a specialist is even stipulated — to assist in the detection, fixing and seizure of objects and documents, the use of technical means in the study of criminal case materials, to raise questions to the expert, as well as to explain to the parties and the court issues within his professional competence. However, if the mechanism for attracting a specialist to participate in investigative actions was developed in detail earlier, then the possibility of his involvement in procedural actions or for the use of technical means in the study of criminal case materials, raising questions to the expert is only declared.

JUDICIAL POWER

Reference:

Yanina, Y.Y. (2007). Legality as a criterion of acceptability of compromises in the sphere of conflict resolution within criminal judicial procedure. Law and Politics, 9, 83–85. https://en.nbpublish.com/library_read_article.php?id=50278

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Abstract: A compromise way of resolving and behaving in a conflict has found its consolidation in the current CPC, and in the practical activities of the investigative bodies. However, the danger in the unacceptable use of compromise procedures lies in the fact that the latter are a reaction to a crime, and therefore must correspond to the degree of danger of such a phenomenon as crime for society, which the latter is. There is a risk of excessive fascination with the interests of the victim to the detriment of the interests of society, promotion exclusively towards the interests of the victim and the rights of the criminal can lead to a crisis in the relationship between the state and crime. It is obvious that modern criminal proceedings cannot be based only on compromise procedures, at the same time there should be no conflict between such a way of resolving the conflict as rivalry (repression) and compromise, these areas should complement each other.

JUDICIAL POWER

Reference:

Yuing, Ch., Meyhua, M. (2007). Some problems related to protection of suspect’s rights in the criminal procedural legislation of the People’s Republic of China. Law and Politics, 9, 86–90. https://en.nbpublish.com/library_read_article.php?id=50279

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Human and state

Reference:

Tsaliev, A.M. (2007). Implementation of the European human rights standards in the Northern Ossetia – Alaniya Republic. Law and Politics, 9, 91–94. https://en.nbpublish.com/library_read_article.php?id=50280

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History of state and law

Reference:

Kochkina, M.V. (2007). Specific feature of legal definition of crimes under the Soviet legislation of 1917 - early 1920s. Law and Politics, 9, 95–99. https://en.nbpublish.com/library_read_article.php?id=50281

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History of state and law

Reference:

Anokhina, S.V. (2007). Advocacy in Russia in the second half of the XIX century. Law and Politics, 9, 100–104. https://en.nbpublish.com/library_read_article.php?id=50282

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History of state and law

Reference:

Bobrovsky, O.V. (2007). Pre-trial procedure under the Russian Truth. Law and Politics, 9, 105–109. https://en.nbpublish.com/library_read_article.php?id=50283

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History of state and law

Reference:

Ryzhov, D.S. (2007). The Supreme Disciplinary Presence of the Governing Senate as a body of control over judiciary in Russia at the time of the reforms. Law and Politics, 9, 110–114. https://en.nbpublish.com/library_read_article.php?id=50284

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History of state and law

Reference:

Revina S.N. (2007). On specific features of studies of correlations between law and economics in the Soviet time and the modern time. Law and Politics, 9, 115–122. https://en.nbpublish.com/library_read_article.php?id=50285

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Jurisprudence

Reference:

Denisenko, V.V. (2007). The linguistic paradigm as a modern methodological basis for the general theory of law. Law and Politics, 9, 123–127. https://en.nbpublish.com/library_read_article.php?id=50286

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Legal and political thought

Reference:

Kornev, V.V. (2007). “Rights and freedoms of an individual in the conservative philosophical and legal thought of Russia of reform period”. Law and Politics, 9, 128–132. https://en.nbpublish.com/library_read_article.php?id=50287

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Conflict: tools of stabilization

Reference:

Pavlova, I.Y. (2007). System of rights of priority in the modern civil law. Law and Politics, 9, 133–142. https://en.nbpublish.com/library_read_article.php?id=50288

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Practical law manual

Reference:

Revyagin, A.V. (2007). The elements of unsolved violent crime. Law and Politics, 9, 143–145. https://en.nbpublish.com/library_read_article.php?id=50289

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Practical law manual

Reference:

Dushina, I.N. (2007). Definition and legal nature of the contract for transportation of goods by railway. Law and Politics, 9, 146–149. https://en.nbpublish.com/library_read_article.php?id=50290

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Biblion

Reference:

Polubinskaya, S.V. (2007). The picture of a crime from the angle of the criminal law science. Law and Politics, 9, 150–151. https://en.nbpublish.com/library_read_article.php?id=50291

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