Question at hand
Reference:
Yu. A. Dmitriev, G. G. Cheremnykh
Knock … and you will be heard.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49723
Abstract:
Do we have notarial secret and advocate’s secret in Russia? This article contains critical analysis of the Regulation of the Government of the Russian Federation of April 16, 2005 N. 82 “On approval of the Provision on the order of transferring information to the Financial monitoring service by the advocates, notaries and entrepreneurs in the sphere of legal and accounting services”.
Theory
Reference:
N. A. Gromov, E. Yu. Zhoga
On theory of law of evidence.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49724
Abstract:
As the authors of this article point out, law of evidence is a sub-branch of criminal procedural law, as provided for in Chapters 10 and 11 of the Criminal procedural code. Law of evidence is at the core of the criminal procedural activities, it provides for the formation of cumulative evidence in any criminal case. At the same time law of evidence is a part of criminal procedural law, so technically it can be singled out …
Theory
Reference:
E. V. Chernykh, D. A. Lipinskiy
Legal responsibility as an integral legal event.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49725
Abstract:
Legal responsibility is a guarantee and an important part of person’s legal status, and it is aimed to create opportunities for use of rights and freedoms, performance of obligations. Of course, study of the legal responsibility presupposes references to both negative and positive legal responsibility, both of which are relatively well-studied in theory. This article, however, is devoted to analysis of the problem of statutory (integral) responsibility as a basis for both positive and negative legal responsibility.
Theory
Reference:
K. K. Pan'ko
Legal constructions as categories of inner form (structure) of criminal law.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49726
Abstract:
Creation of legal constructions is aimed at finding the best way to reflect complicated legal reality in legal norms. Any legal construction should clearly and completely set upon those legal norms, which it is based on. Author of this article studies positions of leading legal scholars, such as A.F. Cherdantsev, S.S. Alekseeva, A.A. Ushakova, on the nature of legal constructions. The article also contains a review on nature and value of legal constructions within criminal law.
Theory
Reference:
K. I. Naletov
Once again on the legal nature of a concession agreement.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49727
Abstract:
In author’s opinion, a concession agreement should not be viewed just as a typical civil contract, since such a view does not allow to recognize specific features of concession agreement in the sphere of use of subsurface of the earth, namely, the nature of subsurface as the subject of such contracts. In K.I. Naletov’s article one can find analysis of similar and different features of commercial concession and concession with a public legal element. The author also studies specific features of a concession contract in the sphere of use of subsurface, modern state of legislation and international practice on this issue, analyzes the possibility of recognizing a concession agreement as an administrative contract.
Transformation of legal and political systems
Reference:
R. G. Minniakhmetov
Once again on correlation of law and state.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49728
Abstract:
For a long time by now scholars and practitioners have been discussing the issue of correlation of law and state (or state and law), and their points of view differ and contradict each other. While some say that law cannot exist without a state, others consider law to be an independent phenomenon, which appears before a state does, and can function without support of a state. In this article R.G. Minniakhmetov expresses his views on this issue, provides critical analysis of a number of positions of other scholars, such as Y.V. Tikhonravov.
Authority and management
Reference:
T. A. Zolotukhina
Role of federal center of Russia in changing the legal status of regional legislation.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49729
Abstract:
As the author of this article points out, equality of the subjects of the Russian Federation includes not only declaration of equality of rights and obligations of all the subjects of the Federation, but also reference to relations between the subjects and the Russian Federation itself. However, due to amendments to the Federal law “On the general principles of organization of the legislative (representative) government bodies of the subjects of the Russian Federation”, which changed the way of formation of the executive bodies of the subjects of the Russian Federation the above mentioned constitutional concept becomes endangered. This article contains critical analysis of the initiatives of the President of the Russian Federation, which were included into above-mentioned amendments, the author also refers to the issue of importance of regional legislation. The author then comes to a conclusion that a new way of empowering higher executive authorities of the subjects of the Russian Federation is a principle change in the Russian legal system, which may in the end lead to liquidation of regional legislation as such.
Authority and management
Reference:
G. V. Fokin, M. S. Dashyan
Technical regulation of protecting the results of intellectual activity.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49730
Abstract:
Making Russia and its organizations more attractive for investments clearly calls for development of intellectual property market, protection of holders of intellectual property, fast and effective judicial protection, and just compensation. That it why this study of new alternative forms of protection of intellectual property including voluntary certification and institution of organization standards is so topical and timely.
Authority and management
Reference:
L. N. Ivanov
Modern approaches to defining scope and limits of personality analysis with respect to procedural status.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49731
Abstract:
This article contains analysis of polysistemic crime-related personality study within the framework of procedural status of any particular person and procedural limitations in accordance with the Criminal procedural code of the Russian Federation. Author has studied a number of important factors, classified participants of criminal judicial procedure by their procedural status and their availability for personality study. Author set key goals and issues, provided relevant statistics. The article also contains analysis of a number of procedural situations, which are resolved based on personality studies, general and specific models of limits of personality study within criminal procedure.
State security
Reference:
A. A. Fomin
Legal security of a state as a special subject of Russian law.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49732
Abstract:
As President V.V. Putin once stated “we did not pay enough attention to the security and defence… and it is well known that it’s the weak who get beaten. Some want to get their share off us, others help them, since they consider Russia, being one of the nuclear weapon states, to still be a threat to someone”. As the author of this article points out, currently it’s the right to time for serious theoretical analysis of means and methods of ensuring state security of the Russian Federation. This article includes analysis of existing models of ensuring state security, key issues related to ensuring state securities, threats to Russian national security (criminal threats, terrorism). The author also studies such problems as control over intelligence services and protection of human rights, unity of legal territory.
International relations: interaction systems
Reference:
A. V. Aleshin
State mediator activity as an objective part of state monopoly in a sphere of military and technical cooperation of the Russian Federation and foreign states.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49733
Abstract:
State monopoly, which characterizes military and technical cooperation, as opposed to other social spheres of Russian society, is based on the very character of the object of cooperation - military products. This article contains analysis of specific features of the state mediator activity in this sphere, of nature and realization of state monopoly, its legal and organizational aspects. The author also studies a problem of ensuring security of the Russian Federation within the sphere of military and technical cooperation.
International relations: interaction systems
Reference:
I. A. Mukhin
Role of international law in formation of legal regulation of protection of environment of the Russian Federation.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49734
Abstract:
Defining the role of international law within the legal regulation of protection of environment in the Russian Federation calls for solution of both theoretical and technical problems, study of correlation between international and national legislation. This article includes analysis of correlation of international and Russian environmental law, as well as of mechanisms of implementation of these legal norms.
JUDICIAL POWER
Reference:
A. K. Romanov, O. B. Lysyagin
Institution of extradition: definition, concepts and practice.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49735
Abstract:
Currently international regulation of extradition as well as extradition practice are developing intensively due to all the threats to the international community from the criminals and the terrorists. Accordingly, extradition receives its share of attention of the mass media. However, the institution of legal extradition is not well-studied enough and normative regulation of it, both international and national, is not completely formed. That is why often the institution of extradition is equaled to the mere giving out of criminals, which, as the authors of this article point out, is incorrect and is not in accordance with the extradition practice either. This article presents us with an analysis of the institution of extradition, its role and place in modern law. The authors also differentiate extradition and giving out, study the issues of clarifying the modern concept of extradition and forms of its realization.
Stabilization systems: fiscal control
Reference:
I. G. Leneva
Protection of investors’ rights: foreign experience.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49736
Abstract:
Modern Russian legislation ever since 1993, when the Constitution of the Russian Federation was adopted, and till now, does not provide for adequate legislative protection of investors’ rights within the banking system of the Russian Federation. Lack of state guarantees, lack of responsibility of founders and directors of the credit organizations for non-return of deposits of physical persons made many credit structures effective as “washing machines” for money laundering. Author of this article offers her answer to the question: “Is it possible to protect deposits of physical persons, and do such guarantees exist abroad?”, studies experience of a number of foreign states, such as the USA, Germany, Luxembourg, Japan and Hungary.
Stabilization systems: fiscal control
Reference:
D. Pashov
Contracts in the sphere of housing mortgage loans.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49737
Abstract:
This article contains critical analysis of the key contracts, which are concluded by the subjects of housing mortgage relations, namely, of credit contracts, mortgage contracts, purchase of a house/apartment, investment into building a condominium. The author also evaluates the newly introduced registration of mortgage-related contracts.
Anthropology of law
Reference:
V. N. Dodonov, O. S. Kapinus
Necessary defense (comparative analysis of modern criminal legislations).
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49738
Abstract:
Necessary defense has a long and complicated history. Truly it is one of the oldest criminal legal institutions, and it is known already to the ancient Indian law (1200-200 B.C.), which clearly formulated the rule about forgiveness of murder, committed to protect someone’s life. Currently the institution of necessary defense is a very important form of participation of people in law-enforcement activity, both as a subjective right of any person, and as a power of law-enforcement bodies and their officers to use legal violence in their law-enforcement activity. Not surprisingly, necessary defense is recognized in criminal law of virtually all the countries in the world. This article contains analysis of necessary defense in ancient and modern law of various states. The authors review similarities and differences in the title of institution, character of attack, acceptable objects of defense, proportionality and exceeding necessary defense.
Human and state
Reference:
O. V. Fetisova
Legal status of adoptive parents.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49739
Abstract:
Legal status of an adoptive parent is a combination of rights and obligations, recognized by the law of the Russian Federation, which are necessary for raising, educating, and financially providing for an adoptive child, protection of his rights and interests in all spheres of social relations towards any third party (legal or juridical persons) involved. All of these rights are gained once the contract on giving the child to adoptive parents is concluded. In O.V. Fetisova’s article one can find analysis of rights and obligations of adoptive parents within a number of spheres of Russian law, as well as analysis of defects of acting legislation. Author also provides several conclusions on how modern legislation on this issue could be improved.
History of state and law
Reference:
K. A. Grigorov
Origin and development of the institution of immunity of prosecutors, advocates and investigators in Russian criminal procedural law.
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49740
Abstract:
This article is devoted to the study of history of development of Russian criminal procedural legislation on immunity of prosecutors, investigators and advocates ever since the time of Peter the Great and to our days. Author also provides in-debth analysis of the USSR and the Russian Federation legislation on this issue.
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