Theory
Reference:
Danilenko, D.V.
Defi nition of claim in positive law.
// Law and Politics.
2011. ¹ 8.
P. 1232-1247.
URL: https://en.nbpublish.com/library_read_article.php?id=51559
Abstract:
The article includes analysis of positive law of various states in order to see whether it is possible to single out an universal
defi nition of a claim. The author states, that this concept is a concept of judicial (procedural) law, and he also shows that
this concept is appropriate for use in any type of judicial procedure (civil, administrative, and criminal). While it is not
possible to establish a unifi ed defi nition of a claim, the author groups all defi nitions of claim, which he fi nds in positive law,
around two main defi nition: claim as a right to address the court, claims as an address to the court.
Keywords:
jurisprudence, claim, right to address the court, claim, challenge, basic rights and freedoms, positive law, judicial practice.
Theory
Reference:
Tokareva, E.V.
Defi nition of public interest in civil process
// Law and Politics.
2011. ¹ 8.
P. 1248-1254.
URL: https://en.nbpublish.com/library_read_article.php?id=51560
Abstract:
The author studies various scientifi c approaches to the interests in law, the author views the correlation of terms: public
interest, state interest, social interest, public order, viewing these categories in civil and arbitration process. The author
then comes to the conclusion that the category of public interest is a social category, which is aimed to protect the valuable
interests of society and the state.
Keywords:
jurisprudence, public, social, state interest, public, order, civil, arbitration, process.
State institutions and legal systems
Reference:
Gabieva, S.M., Basrieva, M.Z.
Representative character of the Council of Federation
of the Federal Assembly of the Russian Federation:
problems of constitutional and legislative
guarantees.
// Law and Politics.
2011. ¹ 8.
P. 1255-1264.
URL: https://en.nbpublish.com/library_read_article.php?id=51561
Abstract:
The article is devoted to the nature of representative function of the Council of the Federation of the Federal Assembly of the
Russian Federation, the author views the problems, which are related to its implementation, constitutional and legislative
guarantees. The authors view the ways to improve the role of the Council of the Federation in the state mechanisms, analyze
the characteristics of the Parliament, the way of its formation in the foreign states and in Russia.
Keywords:
jurisprudence, Constitution, parliamentary, representation, Council, Duma, elections, functions, democracy, implementation.
State institutions and legal systems
Reference:
Kondrashev, A.A.
The dissolution of the legislative body of the constituent
subject of the Russian Federation as one of the measures
of constitutional legal responsibility of a subject
of the Russian Federation.
// Law and Politics.
2011. ¹ 8.
P. 1265-1274.
URL: https://en.nbpublish.com/library_read_article.php?id=51562
Abstract:
The author of this article views the grounds for dissolution of the representative body of the constituent subject of the
Russian Federation, showing shortcomings and of its legal regulation and practical implementation. The author then
offers to amend the Federal Law N. 184-FZ “On General Principles of Organization of Legislative (Representative) and
Executive Bodies of the State Power of the Subjects of the Russian Federation” in order to effi ciently implement this measure
of constitutional legal responsibility.
Keywords:
jurisprudence, dissolution, legislation, power, subject, procedure, President, measures, terms, responsibility.
State institutions and legal systems
Reference:
Karimov, D.A.
Directive powers of the King of Sweden.
// Law and Politics.
2011. ¹ 8.
P. 1275-1281.
URL: https://en.nbpublish.com/library_read_article.php?id=51563
Abstract:
The article is devoted to the key issues of existence of the Swedish monarchy. It also includes the analysis of the modern
status of the King from the position of the theory of monarchy. The author states that in spite of the absence of political
power, the King may formally infl uence the situation in the state.
Keywords:
jurisprudence, monarchy, Sweden, form of government, king, Act on Succession to the Throne, Riksdag, rule, Crown, Throne.
Transformation of legal and political systems
Reference:
Bochkarev, S.A.
On the concepts of development
of civil and criminal legislation on property.
// Law and Politics.
2011. ¹ 8.
P. 1282-1289.
URL: https://en.nbpublish.com/library_read_article.php?id=51564
Abstract:
The article includes analysis of some provision of the Concept of Development of Civil Legislation and the Concept of
Modernization of Criminal Legislation in the Economical Sphere. As a result of this study it is noted that the concepts do
not exclude each other, but do not complement each other, they do not deal with their common goals on legal protection of
the property together. Each concept is concentrated on specifi c problems of its branch of application, and the provisions
of the Concept of Modernization of Criminal Legislation is not guaranteed by the initiatives of ht Concept of Development
of Civil Legislation. Their relation to each other is not mutual and bipartisan.
Keywords:
jurisprudence, concept, civil law, criminal law, property, ownership, modernization, development, law, comparative analysis.
Transformation of legal and political systems
Reference:
Sinyugin, V.Y.
On the issue of improvement of administrative
legal guarantees of reforms in the sphere
of electric energy.
// Law and Politics.
2011. ¹ 8.
P. 1290-1296.
URL: https://en.nbpublish.com/library_read_article.php?id=51565
Abstract:
The article is devoted to the possible directions of improvement of administrative legal guarantees of reformation of the power
industry at the time of changes. The author studies international experience in the sphere of guarantees of technological
reliability of the power industry at the time of reforms, it also includes some ideas on organization and legal parameters
of formation and functioning of the Council on Technological Reliability in the Sphere of Electri Energy in the Russian
Federation.
Keywords:
jurisprudence, reform, electric energy, guarantees, branch, functioning, technology, reliability, infrastructure, activity.
State security
Reference:
Chirkun, V.L.
Fighting illegal turnover of the nuclear materials
as means of fi ghting nuclear terrorism.
// Law and Politics.
2011. ¹ 8.
P. 1297-1304.
URL: https://en.nbpublish.com/library_read_article.php?id=51566
Abstract:
The article is devoted to the topical issues related to fi ghting illegal turnover of nuclear materials. The author gives reasons
for the need to single out a special chapter in the Criminal Code of the Russian Federation, which would include Art. 188,
220, 221, 225, 226 of the CC and some other articles, if so necessary. This chapter could be called “Crimes related with
illegal turnover of nuclear materials”.
Keywords:
jurisprudence, security, contraband, control, material, fi ghting, radioactive, terrorism, export, nuclear.
JUDICIAL POWER
Reference:
Bykov, V.M.
The cassation instance as a court of review
under the new law: scientifi c commentary.
// Law and Politics.
2011. ¹ 8.
P. 1305-1310.
URL: https://en.nbpublish.com/library_read_article.php?id=51567
Abstract:
The article is devoted to the judicial procedure in the court of cassation under the new Federal Law of the Russian Federation
of December 29, 2010 n. 433 – FZ. The author points out some questionable issues of the new law, and offers the ways to
deal with the differences.
Keywords:
jurisprudence, court, law, cassation, claim, order, hearing, rights of court, revoking a judgement.
JUDICIAL POWER
Reference:
Vartanov, A.R.
Procedural independence of an investigator:
nature and meaning.
// Law and Politics.
2011. ¹ 8.
P. 1311-1322.
URL: https://en.nbpublish.com/library_read_article.php?id=51568
Abstract:
The article is devoted to the nature of procedural independence of an investigator. The author analyzes the procedural position
of an investigator in the criminal process, and he points out the elements of procedural independence of an investigator.
The author then draws a conclusion that strengthening of the procedural independence of an investigator is possible only
when responsibility for lawfulness and adequacy of decisions made on criminal case is clearly established.
Keywords:
jurisprudence, investigator, independence, judicial procedure, control, review, discretion, responsibility, activity.
XXI century International law
Reference:
Kalinin, E.A.
On the issue of ideological bases of the principles of
international economic law and Russia as legally
competent participant of international relations.
// Law and Politics.
2011. ¹ 8.
P. 1323-1334.
URL: https://en.nbpublish.com/library_read_article.php?id=51569
Abstract:
The fi ght of developed states for resources and global fl ows, which is established in the international economic law, is a
factor which makes the participants at the international arena to form such systems, in which protection of their geopolitical
interests would be most effi cient and unconstrained. In this case international economic law serves as one of the means of
guaranteeing such interest, together with the ideological concepts of free market, transparent borders and market economy
as a whole (analogous to democracy and protection of human rights in the political sphere). The instruments of the global
market, and as a consequence, of international economic law establish the fast development of globalism, which in turn
makes counter-actions by certain states unreasonable. In such a situation a market, which serves the interests of developed
states dictates a common state (inner, foreign, legal, social, etc.) policy for all other states. Due to all this, it is topical for the Russian Federation to form its foreign policy in order to provide the world with more fair architecture of global
formation, including its economic sphere.
Keywords:
jurisprudence, globalization, globalism, international economic law, international law, global management, sovereignty, developed states, ideology, transnational corporations.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Pashkovskaya, I.G.
The Lisbon Treaty: regulation of the activities
of the EU in the sphere of power industry.
// Law and Politics.
2011. ¹ 8.
P. 1335-1340.
URL: https://en.nbpublish.com/library_read_article.php?id=51570
Abstract:
The Lisbon Treaty, which amended the treaties establishing the EU and the EC Treaties, was signed on December 13, 2007
and it came into force on December 1, 2009. This treaty was a cornerstone to the legal grounds of the activities of the
Member States of the EU and the energy companies in the inner energy market of the EU, as well as to the relations of the
EU with the leading producing states and transit states for energy carriers, including Russia and the newly independent
states. The EC Treaty, which after being renamed by the Lisbon Treaty, became called the Treaty on the Functioning of
the EU, for the fi rst time included new 5 articles and the Declaration, which are devoted either fully to energy issues, or
include energy-related provisions.
Keywords:
Jurisprudence, law, European Union, the founding, the agreement, the institutions, the Council, the European Commission, European Parliament, the Energy
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Gurbanov, R.A.
Evolution of the mechanisms of cooperation
of the judicial bodies of the member states
of the EU in the sphere of criminal justice.
// Law and Politics.
2011. ¹ 8.
P. 1341-1352.
URL: https://en.nbpublish.com/library_read_article.php?id=51571
Abstract:
Mechanisms of cooperation of the justice bodies of the EU states have been subjected to suffi cient changes. Initially classic
cooperation was defi ned as cooperation of states in the sphere of criminal justice. Later on the cooperation included direct
cooperation of the justice bodies. Currently the cooperation among the justice bodies of the member states came to a new
level and includes partial integration of legal and judicial systems, so it is qualifi ed among the legal scholars as cooperation
based on mutual recognition of judicial decisions.
Keywords:
jurisprudence, the European law, mutual recognition of judicial decisions, justice bodies of the EU members, Directives, cadre solutions, convention law, advanced cooperation, classic (inter-government) cooperation, judicial law.
Human and environment
Reference:
Laletina, A.S.
The legal aspects of use of natural objects
for the placement of pipe lines.
// Law and Politics.
2011. ¹ 8.
P. 1353-1358.
URL: https://en.nbpublish.com/library_read_article.php?id=51572
Abstract:
This article is devoted to the legal aspects of placement of pipe lines on forest lands and in sub-soil territories. The author
expresses an opinion that while Art. 9 of the Forest Code of the Russian Federation provides for 4 legal grounds for provision
of the forest lands for the pipe line placement, currently the only possible form is rent of the plot of forest funds.
The author establishes the problem of the need to include subsidiary application of the legislation of the Russian Federation
on concession agreements to the order and grounds for formation (cessation) of secondary rights to the plot of forest lands
(Art. 9 of the Forest Code of the Russian Federation.
Keywords:
jurisprudence, natural resources, natural objects, forest funds, forest land, subsoil, plots of subsoil, pipe lines, linear object, servitude
Anthropology of law
Reference:
Popov, E.A.
Image of lawyer in the social and cultural reality.
// Law and Politics.
2011. ¹ 8.
P. 1359-1365.
URL: https://en.nbpublish.com/library_read_article.php?id=51573
Abstract:
The article includes a reconstruction of an image of a lawyer, as formed by social and cultural reality, including norms, values,
traditions, traditional culture. The various “ faces” of this image are brought up by various circumstances. They include
education of the people, their motivation to enter this profession, interests of the state, attitude of the society, development
of the legal science, etc. The goal of this study is to analyze the specifi c features of formation of an image of a lawyer, who
implements his professional activity. This goal may be achieved by mostly hermeneutic and socio-cultural methods, as well
as a wide scope of methods, such as analysis, synthesis, reconstruction, comparison, etc. The results of this study may be
used in practice for education of the future lawyers. The key conclusions include the ideas that the image of a lawyer is
formed by a certain system of values and meanings, including the specifi c conceptualization of the legal science, and also
that it is dependent on social opinion as well as on the role of the state, which involves the lawyers for state service.
Keywords:
jurisprudence, image, lawyer, profession, judge, norm, society, state, reality, culture.
History of state and law
Reference:
Rumyantsev, P.A.
Formation and the results of the reform of the local
government bodies at the time of transfer
to the democratic republic.
// Law and Politics.
2011. ¹ 8.
P. 1366-1372.
URL: https://en.nbpublish.com/library_read_article.php?id=51574
Abstract:
During the transition period between the February Revolution and the October Revolution of 1917, at the local level there
was a process of formation of various bodies of government both state and social. This article is devoted to their formation,
reformation, and interaction while fi ghting for power. Various balance of interests predefi ned differences in structures
of government bodies in various provinces of the Volga region. Much attention is paid to legal characteristics of county
government and formation of its system. The author also defi nes the key results of reform of local government bodies at the
time of the transfer to the Russian Republic.
Keywords:
jurisprudence, Republic, transfer, power, Committees, the Soviets, Commissar, the Volga Region, county, elections.
History of state and law
Reference:
Volkov, A.K.
The French statehood from 1848 to 1851:
from the 2nd Republic to the 2nd Empire.
// Law and Politics.
2011. ¹ 8.
P. 1373-1384.
URL: https://en.nbpublish.com/library_read_article.php?id=51575
Abstract:
The object of this article is the study of the 2nd Republic in France from the point of view of its constitutional development.
The author analyzes the status of higher government bodies and their evolution. The article includes the study of the reasons
for the fall of the existing regime, the author evaluates the coup d’Etat of December 2, 1851.
Keywords:
jurisprudence, 2nd Republic in France, 2nd Empire in France, the Constitution of the 1848, the Coup d’Etat of December 2, 1851, Caesarism, Louis-Napoleon, constitutional law of France, history of state and law of foreign states, Revolution of 1848.
History of state and law
Reference:
Yaroslavtsev, V.V.
State regulation of labor relation
at the time of the NEP.
// Law and Politics.
2011. ¹ 8.
P. 1385-1392.
URL: https://en.nbpublish.com/library_read_article.php?id=51576
Abstract:
This article is devoted to the issues of theory and history of labor law at the time of New Economic Policy. The author
studies the key positions, which are related to the development of legislation on labor due to the reestablishment of market
relations. The author also studies new codifi cation of the legislation on labor.
Keywords:
jurisprudence, labor relations, the Soviet labor law, the Russian Communist Party of Bolsheviks, normative legal acts, market relations, codifi cation, labor relations, state regulation, the New Economic Policy.
Practical law manual
Reference:
Ulyanova, E.G.
Construction of law of operative management
within the context of the reform of state
(municipal) institutions.
// Law and Politics.
2011. ¹ 8.
P. 1393-1400.
URL: https://en.nbpublish.com/library_read_article.php?id=51577
Abstract:
This article is devoted to the topical problems of the construction of law of operative management due to the reform of the
status of state (municipal) institutions. In the author’s point of view the effect of this “improvement” is questionable, since
the legal novellas brought excessive differentiation of this legal construction, as well as to the factual loss of its initial
meaning as a limitation of legal powers towards the property of public legal institution, which is strictly goal-oriented.
Keywords:
jurisprudence, civil law, institution, reform, law of operative management, autonomous, budget, governmental, state, municipal, fi scal.
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