Theory
Reference:
Popov, E.A.
Postmodernism and law
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51157
Abstract:
The article is devoted to various aspects of correlation of post-modernism and law. The influence of the latter on the legal system reflects the vector of views on the world in the society. The law becomes not just an isolated phenomenon, but rather as an intellectual system, which reflects the topical social and cultural search, values and meanings The contradictions of post-modernism find their reflection in the understanding of law as well.
Keywords:
jurisprudence, law, post-modernism, entropy, legal understanding, application of law, culture, ontology, paradigmatic, theoretizing
Theory
Reference:
Scherbakova, L.V.
Legal nature of implementation of contractual obligations
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51158
Abstract:
This article is devoted to the problems, which are related to the institution of implementation of contract agreements, the author analyzes its legal nature and its place within the system of other institutions of civil law. Much attention is paid to separation of the activities, which are aimed to perform an obligations, from the institution of deals, and the author also views a number of problems, which arise in legal practice.
Keywords:
jurisprudence, obligation, implementation, legal nature, voidance, act of transfer, bankruptcy, will, legal direction of actions, deal
Theory
Reference:
Vasev, I.N.
Place and role of the term “subjective right” in modern legal science
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51159
Abstract:
The article is devoted to the key tendencies of development of the term “subjective right” in modern legal studies. The author provides critical evaluation of the normative understanding of subjective right. Author emphasizes the need for understanding of this category as valuable and independent.
Keywords:
jurisprudence, subjective, legal understanding, modern, jurisprudence, freedom, dispositive, objective, choice, measures
Authority and management
Reference:
Gerasimov, A.A.
Self-regulated organizations as an instrument of limitation of interference of the state in civil legal relations
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51160
Abstract:
The article is devoted to the issues of use of the institution of the self-regulated organizations for the purpose of limitation of state interference into the civil law relations. The author, based on the current legislation and legal practice, comes to a conclusion on the causes of lack of interest of self-regulated organizations in execution of state functions of control over the activities of their members, offers the ways to deal with it. The author also offers the classification of self-regulated organizations.
Keywords:
jurisprudence, self-regulation, self-regulated organization, licensing, state control, interference of the state, licensing, state control, interference of the state, legal status, classification, arbitration manager, standard
Authority and management
Reference:
Fedorova, N.N., Gusev, A.A.
Political factors of formation of social responsibility within the context of the concept of stable development
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51161
Abstract:
Currently the social responsibility (CSR) is understood as a voluntary decision of organizations to participate in the improvement of life in the society and protection of environment. At the business level the definition of stable development corresponds with the concept of social responsibility. Many factors of the formation of social responsibility are charity and patronship, social and economic, and social and marketing programs, sponsorship and investments.
Keywords:
political science, social responsibility, power and business, stable development, factors of formation of responsibility, corporate social responsibility, corporate management, protection of the environment, stakeholders
State institutions and legal systems
Reference:
Kozhevnikov, O.A.
Defined character of legal norms as one of the guarantees of implementation of constitutional rights of persons and their associations
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51162
Abstract:
This article is devoted to some issues of legal regulations of constitutional right of citizens to freedom of conscience. The author attempts to bring basis to the facts of lack of clarity in legal norms of religious formation, which prevents from their unified understanding, creates the place for the abuse by legal practitioners.
Keywords:
jurisprudence, right of people to the freedom of conscience, religious organizations, Constitution of the Russian Federation, legal norm, religion, legality, non-commercial organizations, law-making, legal practice
State institutions and legal systems
Reference:
Sobolev, G.S.
State corporation — a legal person in public law?
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51163
Abstract:
The article is devoted to organizational legal form of the state corporation and foreign analogous structures. In the light of the criticism of this organizational and legal form from the civil law positions, the author views this structure in the light of public law. The article attempts to provide analysis of differences between the state corporations and commercial legal entities. The author establishes the need for introduction of the public law legal entity as a term in the Russian law, which would allow to avoid the problems, related to contradictions between the state corporations and the civil law understanding of legal persons.
Keywords:
jurisprudence, state, corporation, legal, person, public law, social, use, regulation
Transformation of legal and political systems
Reference:
Karimova, M.B.
Modern state of political systems of the Central Asian states
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51164
Abstract:
It’s been 18 years since the moment when the unified Soviet state fell apart, and the post-Soviet states gained their political and economic independency. From the point of view of the historical process, it’s a very short span of time, but within the memory of one generation, these are great changes. Characteristics of the political systems of each of the Republics of the Central Asia depends on many political, social, economic, ethnical, spiritual and other factors. At the same time, they are united by the need to be included into the processes of globalization. The analysis of models of political systems, which are implemented by the Central Asian states, shows that modernization model is most efficient, which allows to combine the stability of state and active participation in international integration.
Keywords:
political science, state, Central Asia, political system, independence of post-Soviet states, Tajikistan, Uzbekistan, Turkmenistan, Kyrgyzstan, Kazakhstan
Transformation of legal and political systems
Reference:
Kasymov, I.V.
Election system of the Great Britain: problems of transfer to the new model
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51165
Abstract:
In the conditions of modern democracy the elections become a link between the state and the citizen. The elections allow to reform the political will of the elector into the element of state power. The conditions and the possibility for the efficient realization of the people’s rule are defined by the existing model of elections system. The key aspects of functioning, development and transformation of the British model of election system reflect not only the social and political processes, they also define the model of party system, mechanism of interaction of society and political institutions, conditions for cooperation of power and society in the changing Westminster model of democracy.
Keywords:
political science, Great Britain, reform, election system, Labourist, Majoritarism, pluralism, multipartizan system, elections, party system
Stabilization systems: fiscal control
Reference:
Levanov, G.S.
Legal regulation of foreign investments in the FRG
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51166
Abstract:
In the current article, the author, based upon the legal analysis of the legislation of the FRG, sources of international law, European law, and scientific works of German lawyers, view the issues of investment relations. Much attention is paid to the reform of German investment legislation and the issues of European law in this sphere. Also, the Russian reader has an opportunity to find out more about not only the legal bases, but also about the institutions, which take part in regulation of investment processes. Based on the methods of scientific analysis and comparison, the author shows “string” and “weak” sides of legal regulation of foreign investments in Germany. The article includes official statistics of nett-volume of German investments abroad, and nett-volume of foreign investments into Germany.
Keywords:
jurisprudence, action, derivative, European passport, investment, investment fund, credits, options, forwards, hedge-funds
Stabilization systems: fiscal control
Reference:
Korchagin, A.G., Sonin V.V.
Modern problems of responsibility in the banking sphere of Russia
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51167
Abstract:
The article is devoted to the complex approach to solution of the problem of responsibility in the sphere of banking in the Russian Federation, as a combination of measures of legal responsibility.
Keywords:
jurisprudence, responsibility, civil, administrative, criminal, financial, legal relations, banker’s order, credit, improvement
Stabilization systems: government control
Reference:
Khlonova, N.V., Zyryanova, I.A.
Security measures within the system of fighting corruption
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51168
Abstract:
The article evaluates the anti-corruption security measures as a direction in fighting corruption. The author defines anti-corruption security measures, bases for their application, classifications. The author also analyzes the use of anti-corruption security measures in the Russian legislation and perspectives of their development.
Keywords:
jurisprudence, corruption, state, service, election, bribe, security, anti-corruption, fighting, official
Law and order
Reference:
Morozov, A.I.
Critical comment to some amendments into Art. 134 of the Criminal Code of the Russian Federation
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51169
Abstract:
The article includes an original point of view on the issues of protection of underage persons from the non-violent sexual encroachments of the grown-up persons. The author views topical issues of interpretation and application of Art. 134 of the Criminal Code of the Russian Federation, and criticizes some of the provisions in comparison with the previous formulations, such as heightening the sexual consent age from 14 to 16. The author considers that one should not relate the issues of criminal responsibility and marriage.
Keywords:
jurisprudence, underage, children, crime, protection, criminal, law, responsibility, sexual consent
XXI century International law
Reference:
Shinkaretskaya, G.G.
Prohibition of abuse of international judicial procedure as a guarantee of judicial process
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51170
Abstract:
Introduction of the norm, prohibiting the abuse of international judicial process could be the novel feature, which if introduced into the international judicial process, may influence the material international law as well.
Keywords:
jurisprudence, abuse of right, judicial hearing, abuse of legal process, claim, dispositive nature of law, marine law, international disputes, international justice, peaceful settlement of international disputes
Transnational interests
Reference:
Shugurov, M.V.
Modern scientific and technological process and issues of codifying the law of international responsibility for harmful influences of activities, which are not prohibited by international law
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51171
Abstract:
The article is devoted to the international legal nature of responsibility of the states for the harmful consequences of legal activities. Much attention is paid to the various aspects of the problem of codification of material responsibility within the context of new state of global scientific, technological and innovation development. The author then comes to a conclusion that there’s need to codify the international legal regulation of scientific, technological and information turnover, related to the situations of trans-border harm and prevention of such harm.
Keywords:
jurisprudence, law, responsibility, harm, trans-border, compensation, prevention, offence, jurisdiction, risk
Discussion forum
Reference:
Egorova, A.Y.
Protective function of labor law: history and perspectives of development
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51172
Abstract:
The article is devoted to the development of protective function of the labor law of the Soviet period, its current condition and perspectives of development. Currently this function fails, and the rights of worker are often violated. That is why it is quite interesting how this protective function was developing in the Russian labor law in the sphere of employee protection. Topicality of this study has to do with the fact that currently this function needs a novel approach in its influence on labor relations.
Keywords:
jurisprudence, function, rights, employee, employer, norms, legislation, history, contract
Legal and political thought
Reference:
Shemelin, A.V.
Morals and morality within the system of legal regulation of election rights of people in Russia: political and historical aspect
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51173
Abstract:
The article includes analysis of key stages of transit of democratic values, the author characterizes the key ethical and moral forms, which exist in Russian political and legal understanding by the people. The author also studies the difficulties in the transit of democratic values, as well as presentation of the norms of free elections.
Keywords:
political science, transit of democratic values, elections, election system, political and legal thought, election relations, legitimacy, morals, ethical norms, election rights
Public communications
Reference:
Solodukin, K.A.
Nature of power of social and state formations
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51174
Abstract:
The article includes analysis of the nature of power of state and social organizations as a specific type of social organizations, their specific nature and character. The author criticizes the existing opinion on similarity between the power of social formations and corporate power. The analysis of power of such formations is made based on the example of the Social Chamber of the Russian Federation, as the most prominent organizations of such type at the moment. The author also provides brief analysis of politics of the modern state power in the Russian Federation on formation of the full-fledged civil society.
Keywords:
jurisprudence, public power, social and state formations, corporate powers, state and social bodies, legal status of the Social Chamber, social control, right, power
Public communications
Reference:
Kireeva,T.A.
Youth sphere in the newest Russia: actualization of the problem
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51175
Abstract:
The article includes the image of youth in the newest historical period in Russia. The author calls for the broader interpretation of the term “youth”.
Keywords:
political science, youth, politics, sub-cultures, juvenal science, social activity, identity crisis, conflict of generations, adaptation of the youth, values
Jurisprudence
Reference:
Goncharov, V.V., Zhilin, S.A.
Definition of executive power, its place within the mechanism of state power in the Russian Federation: constitutional and legal analysis
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51176
Abstract:
In the present article the analysis of concept of executive power is carried out, its place in the government mechanism in the Russian Federation is investigated. Modern problems of maintenance of a principle of division of the authorities on three independent branches (legislative, executive and judicial) are considered. In work author\'s definitions of concepts of the government, executive power, judicial authority, legislative (are presented the representative power). The author develops offers on perfection of balance of the authorities at federal and regional level.
Keywords:
executive power; a machinery of government; judicial authority; the legislative (representative) pow
Jurisprudence
Reference:
Potapov, M.G.
Subject of the federation as a state?
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51177
Abstract:
The article shows that the term “subject of the Federation” is incorrect to be defined as a state, since their legal characteristics are different.
Keywords:
jurisprudence, subject of the Federation, constituent subject of the Federation, state power, state territory, sovereignty, sphere of competence, competence, powers, political organization
Jurisprudence
Reference:
Tregubova, E.V.
On the issue of classification of administrative prohibitions in Russian law
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51178
Abstract:
The article includes analysis of definition and types of administrative prohibitions, their nature and correlation of various legal prohibitions among themselves, and in comparison with the administrative legal prohibitions.
Keywords:
jurisprudence, prohibition, absolute prohibition, norms of administrative law, criteria, classification, regulation, administrative law, comparative prohibitions, definition
Jurisprudence
Reference:
Tretyakov, A.M.
Concession agreement: specific features of subject and essential conditions
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51179
Abstract:
The current article is devoted to specific features of the Russian concession models, peculiarities of the subject and other essential conditions of the concession agreement.
Keywords:
jurisprudence, concession, agreement, subject, peculiarities, concession provider, obligation, right, concessioner
Practical law manual
Reference:
Gavrilov, V.N.
Registration of rights of inheritance
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51180
Abstract:
The article deals with the problems of passing of deceased estate title. The author analyses the role and the competence of notaries and other persons, who take part in the inheritance rights registration. As well as the procedure of getting testimonial letter, the grounds of its suspend and its legal nature in the case of common property of spouses.
Keywords:
inheritance rights registration, types of registration, the evidence of blood relationship, nasciturus, the inheritance part of the surviving spouse
Practical law manual
Reference:
Khitrenko, Y.N.
Prevention of thefts with unlawful entrance into the building
// Law and Politics.
2010. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51181
Abstract:
This article is devoted to the issues of prevention of theft from the buildings. Based on the analysis of investigation practice, the author pays attention to the low level of prevention measures. The author also offers the ideas for improvement of prevention measures, taking into account the means of preparation and commitment of crimes.
Keywords:
jurisprudence, prevention, entering a building, fortification, investigation, protection, theft, uncovering a crime
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