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«Law and Politics» (18+)


№ 3, 2008
Published since
2013 year
Frequency
Monthly
ISSN
2454-0706
ISSN of the printed version of the journal
1811-9018
Registration number
ЭЛ № ФС 77 - 69664
Contents
Theory
Jurisprudence
Authority and management
Transformation of legal and political systems
Stabilization systems: government control
Transnational interests
International security systems
International relations: interaction systems
Stabilization systems: fiscal control
Law and order
JUDICIAL POWER
Public communications
Human and state
Human and environment
History of state and law
Legal and political thought
Practical law manual
Biblion
Contents details
Theory
Reference:
Napso, M.B. (2008). Federalism as means and as a goal. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50435
Abstract: Federalism is now regarded as a mechanism for ensuring the ethnic and national development and fighting possible problems. The federalism seems to be seen as means to achieve harmony among various cultures. Should federalism be regarded as means or as a goal in itself?
Theory
Reference:
Epiphanova, E.V. (2008). The definition of crime and corpus delicti. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50436
Abstract: As the author of this article points out, the Criminal Code of the Russian Federation lacks the definition of corpus delicti, and there is no unified approach to it among the legal scholars. This article by E.V.Epiphanova is devoted to the analysis of these topical issues.
Jurisprudence
Reference:
Pashentsev, D.A. (2008). Genesis of the legal system of the Russian Federation: the problems of the methodology. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50437
Abstract: The reevaluation of well-known historical and theoretical problems gains new meaning within the framework of development and modernization of the Russian law. One of relevant terms is the definition of the legal system, since its principles of development predefine both law-making and application of law.
Jurisprudence
Reference:
Shevyrin, E.K. (2008). State and legal regulation of the social relations: on the issue of definition. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50438
Abstract: The Soviet legal studies tended to center upon the solution of the general methodological problem of how law may influence the economic relations, if the latter are material and do not depend on will of the people. Currently we interpret the goals of our research more broadly…
Authority and management
Reference:
Mironov, N.M. (2008). Operation “Successor” in Argentina (Presidential and Parliamentary elections of 2007). Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50439
Abstract: On October 28, 2007, there were both Presidential and Parliamentary elections in Argentina, and the author of this article took part in these events as an expert, communicated with professional politologists and lawyers, as well as with the participants of the election campaign. This review is based on what the author have seen and heard. The main topic of these election was a “female issue”.
Authority and management
Reference:
Doronina, O.M. (2008). The deputy immunity: means or conditions for the existence of the parliamentarism. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50440
Abstract: The issue of place and nature of deputy immunity within the state mechanism remains topical for the modern society and the process of development of the legal institution of the deputy immunity in the public law is of much interest to the legal scholars, studying the nature of state. This article by O.M. Doronina is devoted to the institution of the deputy immunity.
Transformation of legal and political systems
Reference:
Kodan, S.V. (2008). The Code of Laws of the Russian Empire in the legal development of Russia. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50441
Abstract: On January 19, 1833, the Emperor Nicolas 1st have announced the creation of the Code of Laws of the Russian Empire. This article is aimed to show place and role of the Code within the legal policy of the Russian state, to characterize the approach of M.M. Speransky to the formation of the Code of Laws and the procedures applied. The author also analyzes the Code of Laws as a systematization act of the Russian Empire, and shows its influence on the development of Russian legal system.
Transformation of legal and political systems
Reference:
Sukhorukov, A.V. (2008). The Administrative Offences Code of the Russian Federation as compared to the Administrative Offences Code of the RSFSR. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50442
Abstract: Having compared both Administrative Offences Codes of different epochs, the author came to the conclusion that both Codes include norms allowing to implement the right for judicial protection in its broader or narrower meaning. The author reviewed the formation of the institution of judicial challenge to the decisions on administrative offence cases, and decided that this institution is more fully developed in the current Administrative Offences Code of the Russian Federation.
Stabilization systems: government control
Reference:
Avdeenkova, M.P. (2008). Specific features of systematization of the legal norms on legal responsibility. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50443
Abstract: Systematization of law is necessary for any legal system. Currently the Russian legal system is going through an important stage of its development and some branches of law are changing very rapidly and profoundly in order to deal with inner collisions in these branches of law, while in other branches of law new legal acts are passed to replace the old ones.
Stabilization systems: government control
Reference:
Korolev, A.I. (2008). General definition and order of divulging information. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50444
Abstract: Divulging information by the issuers of the emission securities, including joint-stock companies, is one of the elements of the corporate management, which is aimed to improve corporate management, fight bad-faith use of insider information, making legal entities more attractive for investments, provide more efficient control over the activities of the legal entities by the state bodies. As a legal institution the divulging of the information has its own legal basis and uses its own terminology. This article is devoted to specific features of its legal regulation.
Transnational interests
Reference:
Parkhomenko, S.A. (2008). The USA and the Shanghai Cooperation Organization: partnership and competition in the Central Asia. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50445
Abstract: The current negative tendencies in the international relations, together with inability of the UN to provide adequate and timely reaction to there tendencies, provide the basis for the need to form new regional organizations and unions in order to guarantee the stability on a particular territory. The Shanghai Cooperation Organization is one of the organizations, which was formed to deal with these challenges and threats. What is the relationship between the SCO and the USA?
Transnational interests
Reference:
Efremova, N.A. (2008). Legal aspects of the international economical integration within the context of the national interests of the Member States. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50446
Abstract: No state can fully develop without foreign economic relations. Having understood the urgent need for development in this sphere, from the 1991 on the Russian Federation took new legal measures in order to regulate its foreign economic activities, taking into account both international and Russian experience. The main goal of formation of the legal means of regulation of the foreign economic activity is to ensure the national interests in this sphere.
International security systems
Reference:
Kostenko, N.I. (2008). The UN on the way to the new agreement on the issues of international security. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50447
Abstract: One of the key goals of the international community in the XXI century is to ensure new deeper understanding of the collective security with all necessary functions, strategies and institutions, so that it shall be effective, economically rational and fair. The universal system of collective security shall allow to preserve peace and prevent wars. What is the role of the UN in its formation and development?
International security systems
Reference:
Manoilo, A.V. (2008). Problems and perspectives of the studies of the information and psychological technologies of international conflict resolution. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50448
Abstract: The information sphere actively influences the life of the modern society, as well as the economic, political and other elements of the Russian security. Currently the national security of the Russian Federation considerably depends upon ensuring the information security. As the author points out, with more technical progress this dependence shall only develop…
International relations: interaction systems
Reference:
Zhiryakov, I.G. (2008). On the issue of restoring the national sovereignty of Austria after the 2nd World War: political and legal solution of the issue of withdrawing occupation forces of the Union states from its territory. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50449
Abstract: Two years ago in Austria they celebrated the 60th anniversary of the 2nd World War and the 50th anniversary of the State Agreement, and there was a number of new publications and facts, which made the issues related to the occupation of Austria (first of all, the Soviet occupation) even more topical. These new publications along with the well-known ones allow the author to turn to the political and legal problems of withdrawing the occupation forces of the Union states from the territory of Austria after the 2nd World War.
Stabilization systems: fiscal control
Reference:
Arslanbekova, A.Z. (2008). The means of coercion applied in respect to violations of the budget legislation. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50450
Abstract: The Budget Code of the Russian Federation contains many dubious provisions, including those on sanctions for the violations of the budget legislation. And the unfavorable economic situation makes the issue of budget sanctions especially topical…
Stabilization systems: fiscal control
Reference:
Kulikov, A.V. (2008). Legal nature of the bank card. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50451
Abstract: This article includes analysis of the key legislative and practical approaches to the nature of the bank pay-card with the credit function.
Law and order
Reference:
Melnikova, T.V. (2008). On the issue of consequences of repeated or gross violation of legal acts by a juridical person. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50452
Abstract: As the author of this article points out, the analysis of the existing Russian legislation and judicial practice allows to draw a conclusion on the lack of unified approach to the consequences of the gross violation of the legal norms by a legal entity. This article is devoted to the study of existing legal problems and contradictions in theory and practice.
JUDICIAL POWER
Reference:
Devlikanov, A.A. (2008). On genesis of the judicial power in the Russian Federation. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50453
Abstract: It is obvious that the underestimation of the judicial branch and its role in the life of the society in Russia is due to the traditional negative attitude to law at the earlier stages of development of the Russian statehood. This article by A.A. Devlikamov is devoted to the study of genesis and development of the judicial branch of state power in Russia.
JUDICIAL POWER
Reference:
Poleschuk, O.V., Patrusheva, T.V., Grigoryan, E.A. (2008). Fixation as means of gaining knowledge in criminal judicial proceedings. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50454
Abstract: As the authors of this article point out, the criminalistic perception allow for both procedural and non-procedural fixation, which is aimed to become procedural or, at least, to remain non-procedural. All of the above forms a complicated process of scientific perception within the framework of the criminal judicial proceedings.
JUDICIAL POWER
Reference:
Karkhalev, D.N. (2008). Distinction of means of protection and means of responsibility in the civil law. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50455
Abstract: The issue of distinguishing between the measures of protection and measures of responsibility is of great theoretical and practical value in the civil law. Distinction of the above-mentioned means of coercion, as the author points out, is possible based on the grounds of their application. In order to apply the measures of responsibility, there has to be an offence, and for the application of the means of protection, there needs to be illegal behavior…
JUDICIAL POWER
Reference:
Kolosovsky, V.V. (2008). The necessary defense: problems of criminal legal qualification. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50456
Abstract: In order to provide correct classification of the action committed due to necessary defense, one needs to understand the legal nature of this condition, excluding criminality of the behavior in question. This article by V.V. Kolosovsky is devoted to the nature of the necessary defense as well as to topical problems of its qualification.
Public communications
Reference:
Fainberg, M.M. (2008). Specific features of legal regulation of social relation in the conditions of modernization of the legal system of the Russian Federation. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50457
Abstract: The globalization processes, which are due to the transition of the society from the industrial means of production to the information means of production, caused considerable changes in the legal regulation of the social relations. In both politics and economics one may see the formation of numerous forms of associations of people. This article is devoted to the topical issues of legal regulation of the social relations in modern Russia.
Public communications
Reference:
Makhmudov, Z.Ch. (2008). Role of youth social associations within the political system of the modern society. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50458
Abstract: The specific features of modern social youth associations include their dual status: they are at the same time the subjects of the youth policy, and its objects, since they unite the young people and include them into the society, its social and political processes. Since the youth policy is aimed to include the young people into social processes, it presupposes the active position of the young people themselves, their collective participation, development of initiative and self-organization. These goals are being implemented in the activities of the modern youth associations.
Public communications
Reference:
Tunik, G.A. (2008). Reflection of specific features of the closed administrative and territorial units in the official symbols. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50459
Abstract: The closed administrative and territorial units represent the specific kind of municipal units. The specific features of their status are provided for by the Federal Law “On the Closed Administrative and Territorial Unit». This article is devoted to the heraldry of the closed administrative and territorial units, their specific features, the author provides and analyzes a number of examples.
Human and state
Reference:
Cheremukhina, Y.A. (2008). State government bodies in the sphere of social security of the juveniles in the Russian Federation. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50460
Abstract: The level of social security and protection of the juveniles is a prerequisite for the well-being of the society as a whole. The “social security” can be achieved when due to the social policy aimed to achieve national interests of the state as well as to meet the standards of the democratic social state, there is an appropriate living standard, place for intellectual and spiritual development. The “social security of the juveniles” can be achieved by their protection both by the family law means and by the administrative law means, ensuring the social and family policy. It is also of much importance to duly coordinate the legal practice on its various levels.
Human and state
Reference:
Chapurko, T.M. (2008). Specific features of formation of the institution of the Plenipotentiary for the Rights of Child in modern Russia. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50461
Abstract: The political reforms, which are taking place in our country, are aimed to improve the living standard of the people. One of the goals of such reforms should be to overcome the malfunction of the organization of the social protection of children and juveniles. The institution of the Plenipotentiary (Ombudsman) for the Rights of Child holds a special place within the mechanism of social protection of the children. As to the data of June 2007 there are Plenipotentiaries for the Rights of Child in 18 regions of Russia, and the number is the same as two years ago.
Human and state
Reference:
Redikultseva, E.N. (2008). Methods of legal regulation of norm-setting in the sphere of labor. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50462
Abstract: Most legal scholars specializing in the sphere of labor law call for further development of the collective agreement method of regulation of labor relations. However, the practice shows that the society is not yet ready for it, and provisions on norm-setting are rare in collective agreements. At the same time the state also fails to provide adequate regulation. This article by E.N. Redikultseva includes analysis of the existing problems in the sphere of labor norm-setting.
Human and environment
Reference:
Vypkhanova, G.V. (2008). Ecological information relations: legal nature, elements, classification. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50463
Abstract: Ecological information is of obvious importance. It is fairly regarded as a harmonizing phenomenon, capable of uniting the interests of the society both at the national and international levels, it allows to ensure the right of various subjects to the ecological information, and in the end, to the right to protect one’s ecological rights.
History of state and law
Reference:
Anuchina, Y.N. (2008). The Cathedral Code of 1649 as a source of law and its influence on the development of the Russian legislation. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50464
Abstract: The Cathedral Code of 1649 is one of the largest written sources on the Russian feudal law, as well as one of the longest – lasting Russian laws. While it was amended and changed, it was in force for almost 200 years. The Cathedral Code influenced the development of the Russian legal civilization enshrined the basic features of the Russian political system, predefined the further political development of Russia…
History of state and law
Reference:
Salogub, Y.L. (2008). Administrative system of the Kvantun region: plans and projects (1897 – 1899). Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50465
Abstract: Within the vast all-Russian administrative system the management of the rented territories, such as the Kvantun region and the Chinese East Railroad, which appeared due to building of the Siberian Railroad in the territory of China, did not play a significant role. That is why its studies are just starting, but one may already say that the search for the acceptable administrative forms of governing the territories, which formally did not belong to the Russian Empire has to do with the move of the Empire to the ports of the Pacific Ocean and the introduction of the Russian investments into the South-Eastern Asia.
History of state and law
Reference:
Zharov, S.N. (2008). Institution of investigators in Russia. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50466
Abstract: The changes in organization of the Russian criminal investigation in late XV - early XVI centuries were due to the changes in the Russian military and appearance of a new estate. The experience of fighting crime, which the criminal investigators of the Russian Empire have accumulated, found its application in the Soviet period, and one may not say that it is totally forgotten nowadays…
History of state and law
Reference:
Dubyagina, O.P. (2008). History of development of the hierarchy of the criminal society and the system of its guarantees. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50467
Abstract: The criminal organization includes strict hierarchy and its own rules, which change both when the organization itself starts to change, and when the outer environment changes. That is why it is impossible to study the criminal sphere and not to take into account the hierarchy and customs of criminal organizations…
History of state and law
Reference:
Arslanova, E.R. (2008). Formation and development of procedural powers of the Prosecutor at the stage of initiation of the criminal case in Russia before the Revolution. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50468
Abstract: The experience of formation and development of the procedural powers of the Prosecutor at the stage of initiating of the criminal case in Russia before the Revolution is multiple-valued and includes both positive and negative aspects. That is why the study of this experience is topical in the modern Russia, when the criminal procedural legislation, regulating the powers of the Prosecutor, changes rapidly and profoundly…
History of state and law
Reference:
Miguschenko, O.N. (2008). The term “kulak” as a problem of lawmaking activity of the Soviet state in the 1930s rural areas. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50469
Abstract: The class approach to law in the Soviet state of late 1920 was an overpowering tendency. That is why the political discussions of 1920s are mostly devoted to the social and class structure of the society and the perspectives of its development. How was the separation of classes evaluated in the Soviet village?
Legal and political thought
Reference:
Saidov, A.H. (2008). Legal wisdom of the East: the look from the XXI century on political and legal teachings of the Ancient Middle East, India and China. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50470
Abstract: The wisdom of the East should not be regarded merely as a set of logical structures and general provisions, not taking into consideration practice and intuition. The wisdom of the East is applicable to all the spheres of the social life, including political life. The academic teaching course of S.F. Udartsev, which is reviewed in this article, is devoted to the history of political and legal thought of the Ancient East.
Legal and political thought
Reference:
Timonin, A.N. (2008). On ideological bases of the ancient Russian state in IX – X centuries. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50471
Abstract: When speaking of the ideological bases of the pre-Christian Russia, they usually just state the paganism defined all spheres of its social life. However, not much attention is paid to evaluation of particular components of the paganism, which influenced the formation of the outer functions of the Ancient Russian state of IX – X centuries, its political system and legitimacy of the state power. The author pays special attention to the pagan components, which were less christianized after the Christianization of Russia. First of all, one should speak of the military ideology…
Practical law manual
Reference:
Shirokov, A.V. (2008). Constitutional right to housing and “social housing” in Russia. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50472
Abstract: Currently the housing problem influences about half of the Russian citizens, and there is acute need to solve the problem of the so-called “social housing”, and to define the actions, which the government needs to undertake. It is obvious, that the new solutions are especially needed by the persons, living in the “slum” housing, who are obviously unable to use the benefits of the market economy and to purchase a house or an apartment elsewhere. What seizes the development of the housing problem in Russia, where the right to housing is provided for in the Constitution as an inalienable right of every citizen?
Practical law manual
Reference:
Vasilchuk, Y.V., Voronin, A.O. (2008). Choosing the plot of land when land for building purposes is provided – the problem of cooperation of government bodies and the local self-government bodies. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50473
Abstract: Most of the plots of land in the Russian Federation are owned by the state or by the municipalities. According to the official data only 0,3% of the lands belongs to the legal entities, and 7,3% - to the persons. That is why the issue of provision of lands for the building purposes is so topical. This article includes analysis the procedure of choosing the plot of land, as well as correlation between the state bodies and the local government…
Practical law manual
Reference:
Scherbakov, M.S. (2008). The problem of legislation on mortgage of the plots of land in the modern conditions. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50474
Abstract: The mortgage of land is one of the most reliable instruments of ensuring due performance of civil law obligations. How adequate are the provisions for the mortgage of the land in the modern Russian law?
Practical law manual
Reference:
Dolgopolova, E.P. (2008). Legal problems of defining the substantial conditions of the contract for the voluntary insurance of the civil law responsibility. Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50475
Abstract: When defining the substantial conditions of the insurance contract regarding civil responsibility, one faces a number of theoretical and practical problems, causing discussion among the scientists and lack of uniformity in the judicial practice. In this article the author addresses the most complicated issues in this sphere…
Biblion
Reference:
Vedyakhin, V.M., Zherebtsova, E.E. (2008). On the role of legislation in development and improvement of federalism in Russia (review to the monograph by I.N. Senyakin, “Federalism as a principle of the Russian legislation” Saratov, SGAP, 2007, 504 p.). Law and Politics, 3. https://en.nbpublish.com/library_read_article.php?id=50476
Abstract: The problems of federalism are usually studied from the standpoint of the constitutional law, and there’s an obvious lack of the scientific analysis of federalism from the position of legal theory in the modern Russian science. The monograph, which is the subject of this review, includes voluminous historical materials, allowing to understand the nature of the Russian federalism and to single out its peculiarities at the modern stage of its development.
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