State institutions and legal systems
Reference:
Semenov, A.S.
Elements of organizing work of prosecution
on its interaction with the state government and municipal
bodies in the sphere of lawfulness guarantees
// Law and Politics.
2014. ¹ 8.
P. 1080-1086.
URL: https://en.nbpublish.com/library_read_article.php?id=52236
Abstract:
The object of studies includes the process of organization of the work of prosecution in on its interaction with the
state government and municipal bodies in the sphere of lawfulness guarantees. In particular, the author discusses its main
stages and organizational conditions. The matter involves distribution of professional spheres of competence among the
staff, information analytical work, forecasting, planning, material and technical guarantees. In addition, as an example
of practical activity in the sphere of organizing interaction the author provides examples from the work of the Perovsky
Inter-District Prosecution of the City of Moscow. The process of studies involved general and specific scientific cognition
methods: systemic, structural-functional, historical legal methods. Organizing the work of the prosecution regarding
interaction with the state government and municipal bodies requires formation of the necessary conditions with mutually
coordinated activities of the said bodies in order to achieve the goals in the sphere of lawfulness guarantees. These matters
involve distribution of spheres of official competence among the staff (zonal principle), information analytical work,
forecasting, planning, material and technical guarantees.
Keywords:
Organization, work, interaction, prosecution, state government bodies, municipal bodies, guarantees, lawfulness, stages, conditions.
State institutions and legal systems
Reference:
Kovalev, I.G.
Problem of regional representation
in the British House of Lords
// Law and Politics.
2014. ¹ 8.
P. 1087-1097.
URL: https://en.nbpublish.com/library_read_article.php?id=52237
Abstract:
The article involves analysis of the problem of development and practical implementation of the constitutional
modernization problem in the Great Britain. The central attention is paid to its two aspects: transfer of competence from
center to regional bodies within the framework of devolution program, and the reform of the House of Lords. The author
analyzes the complex of causes for the need to correct the constitutional legal mechanism of the United Kingdom, evaluating
the attitude towards it of the key political parties in the UK and the internal groups and movements within these
parties. The author studies the history of regional representation in the higher chamber of the British Parliament. The
author evaluates the reforms, which already took place, distinguishing their positive and negative consequence, uncovering
perspectives and directions for the further modernization of the state administration mechanism. The author notes
close links and interdependency of these changes. Growing regionalization requires formation of the new relationships
with the central government, making the issue of revision of the principles of formation and spheres of competence of the
higher chamber of the Parliament, and once again including into the agenda the issue of correcting the election system.
Keywords:
The Great Britain, constitutional reform, the House of Lords, devolution, regionalization, nationalism, political strife, Conservatives, Labourites, representation.
State security
Reference:
Admiralova, I.A., Trofi mov, O.E.
On the issue of protection of rights of citizens
in the sphere of transportation security guarantees
by the federal executive bodies
// Law and Politics.
2014. ¹ 8.
P. 1098-1106.
URL: https://en.nbpublish.com/library_read_article.php?id=52238
Abstract:
The article concerns legal and organizational fundamentals of transportation guarantees, as an element
of public security. Attention is paid to administrative legal means of guaranteeing transportation security, such as
licensing, control, administrative responsibility. As a result of evaluation of the means of guaranteeing aviation
security, the author formulates a number of proposals for the improvement of legislation on transportation security.
The article also pays attention to the activities of the federal executive bodies, whose competence includes transportation
complex and transportation infrastructure of our state. Based upon such evaluation, the author also introduces
proposals for improvement of administration in this sphere. The methodological basis for the article was formed
with the modern achievement of cognitive theory. The process of studies involved general philosophical, theoretical,
empiric methods (dialectic, systemic method, analysis, synthesis, analogy, deduction, observation, modeling),
traditional legal methods (formal logic), specific sociological methods. The issues of security of a person, society
and state have always been at the center of attention of both the state and the civil society. Economic globalization,
terrorist threats and financial and economic instabilities in many states require that we take another view of global
security issues, including those of transportation functioning, since its current work is rather vulnerable in the
current situation. The said matters, as well as a number of other issues make this problem topical, and they vividly
show that the issue of administrative legal regulation of the activities of federal executive bodies in the sphere of
transportation security guarantee at the transportation and transportation infrastructure objects are among the
most important current administrative problems.
Keywords:
Transportation, security, rights, human, risk, threat, power, police, counteraction, vulnerability.
State security
Reference:
Kremenskaya, M.N.
Requirement to the persons joining military service
in the federal security service bodies
// Law and Politics.
2014. ¹ 8.
P. 1107-1116.
URL: https://en.nbpublish.com/library_read_article.php?id=52239
Abstract:
The object of studies involves legal norms, including provisions of the Constitution of the Russian Federation,
federal and departmental legislation regarding persons joining contractual military service, requirements to persons
joining contractual military service in general and service in the federal security service in particular. Special attention
is paid to he norms provided for by the Art. 27.1 of the Federal Law “On the Status of Military Personnel”, art. 16,
16.1, 16.2 of the Federal Law “On Federal Security Service”, Federal Law “On Fighting Corruption”, Federal Law “On
Amendments to Art. 6,30 of the Federal Law “On Citizenship in the Russian Federation” and Certain Legislative Acts of
the Russian Federation”. The process of studies involved general scientific methods ( analysis, synthesis, generalization,
systemic structural, abstraction, modeling), some specific scientific methods (formal legal, comparative legal). Scientific
novelty of the article is obvious since in latest 5 years the Russian legislation regarding requirements to persons joining
contractual military service in military and federal security bodies was significantly amended and changed. The author
analyzed the requirements, limitations and prohibitions provided by the federal law regarding persons joining contractual
military service, and she provided classification of these requirements, which shall facilitate improvement of legal regulation
in the sphere of citizens joining contractual military service.
Keywords:
Requirements to candidates, security service staff, military service, entering, the FSS of Russia, highly qualified cadres, cadres policy, candidate, classification of requirements, military officer.
Law and order
Reference:
Chuklina, E.Y.
Pragmatic criminal policy: double prevention norms
within the system of situational crime prevention measures
// Law and Politics.
2014. ¹ 8.
P. 1117-1124.
URL: https://en.nbpublish.com/library_read_article.php?id=52240
Abstract:
The object of studies in this article involves criminological substantiation of the recent amendments into the
Special Part of the Criminal Code of the Russian Federation. The analysis involved norms of part. 2, 3 of Art. 171.1, part
3,4 of Art. 327.1, Art. 325.1, Art. 217.2 of the Criminal Code of the Russian Federation. The further study of the said norms
is devoted to uncovering the specific features of criminalization of acts prohibited by them. Attention is paid to the criminological
theoretical basis of the new criminal law prohibitions. The method of analytical study allowed to establish that
these norms are double prevention norms. Comparative approach allowed to suppose that these criminalization patterns
correspond to the main provisions of the concept of situational crime prevention. The main idea of this concept is influencing
the criminal motivation. It is recommended by the General Assembly of the United Nations Organization as the main
strategy for the prevention of criminal encroachments. The article discusses specific features of preventive mechanism for
each of the norms, which are aimed at lowering the amount of possibility for committing crimes. As a result the study shows
that the main specific feature of these criminal law norms is their pragmatic mission in the sphere of crime prevention.
Keywords:
Criminal policy, double prevention, Criminal Code of the Russian Federation, situational prevention of crime, rational behavior, criminal motivation, threat of punishment, higher risk, material interest, pragmatic mission.
Law and order
Reference:
Izyumova, E.S.
Administrative legal regulation of activities
of bookmaking offi ces and totalizators
// Law and Politics.
2014. ¹ 8.
P. 1125-1132.
URL: https://en.nbpublish.com/library_read_article.php?id=52241
Abstract:
The author analyzes the system of administrative legal regulation of organization of betting activities in bookmaking
offices and totalizators in order to reveal conflicts of laws in legislation. Special attention is paid to the procedure of
licensing of the activities in bookmaking offices and totalizators. Via systemic analysis of the definitions of bookmaking office
and totalizator the author provides an additional element differentiating a bookmaking office from a totalizator based upon
the procedure for calculating the winnings. The article also includes analysis of the practice of application of Art. 61 p.2 of
the Civil Code of the Russian Federation on liquidation of legal entities in respect to legal entities implementing unlawful
gambling activities. The author also expresses an opinion on the need to limit territorial position of bookmaking offices and
totalizators. Within the framework of the study the author systematized the judicial practice regarding administrative responsibility
for unlawful organization of betting in bookmaking offices and totalizators under Art. 14.1 p.2 of the Administrative
Offences Code of the Russian Federation and p. 2 of Art. 14.1.1 of the Administrative Offences Code of the Russian Federation.
Keywords:
Bookmaking office, totalizator, winnings, licensing, placement of betting company, liquidation of a legal entity, gambling machines, legislation, legal collision, gambling.
Authority and management
Reference:
Yatsenko, I.A.
Problems of scientifi c guarantees of public administration
and process of support for managerial decision-making
// Law and Politics.
2014. ¹ 8.
P. 1133-1138.
URL: https://en.nbpublish.com/library_read_article.php?id=52242
Abstract:
The object of the article involves uncovering and systematizing of the issues of scientific guarantees of administration
at the levels of federal executive bodies of the Russian Federation, and the proposals are made for improvement of efficiency
in the state administration system. The text of the article also contains analysis of the newest laws and by-laws of 2012-2013 in
the sphere of scientific technical activities in part of application of the new mechanisms by the federal executive bodies for the
development of efficient state policy in the supervised spheres. With due consideration to the implemented analysis the author
provides a conclusion on the greater transparency level of state administration in part of organization of scientific research and
experimental design works for the needs of the Russian Federation, when the customers are federal executive bodies, which is
proven by the procedure of public discussion of sales for the sum over 1 000 000 000 rubles, and by the adoption of the Federal
Contract System in the 2nd quarter of 2013 (the relevant Federal Law comes into force on January 1, 2014). However, currently
there are serious obstacles in the way of development of qualify system for the support of administrative decision-making, which
is caused by both the lack of budget financing in some spheres, and great problems in the sphere of copyright protection and
provisions for exclusive rights for the results of intellectual activities created according to the state order. At the same time one
of the provisions of the list of assignments by the President of the Russian Federation in 2012 referred to the need to develop the
system of non-governmental scientific foundations, widening the scope of active participation of executive bodies of the Russian
Federation in the scientific and technical progress. Therefore, currently government bodies have the competence to form scientific
foundations in order to support researchers in the supervised areas, which, among other things, facilitates the development of
the system of public-private partnership, since organizations shall be main grant-givers and users of results.
Keywords:
Political science, jurisprudence, state administration, scientific technical activity, scientific foundations, state policy, institutionalization, intellectual property, administration efficiency, political process.
Authority and management
Reference:
Shkel, S.N., Shakirova, E.V.
Measuring opposition: index analysis of the dynamics
of competitive potential of the political opposition
// Law and Politics.
2014. ¹ 8.
P. 1139-1150.
URL: https://en.nbpublish.com/library_read_article.php?id=52243
Abstract:
The object of the article involves the method for measuring competitive potential of political opposition via index
analysis. The provided scale for coding weak and strong points of the opposition takes into consideration both structural
possibilities and regime stimulate, providing for distribution of resources between government and opposition. The provided
method facilitates understanding of the factors responsible for the growth of opportunities for the opposition actors, as
well as determinants preventing it. Growth of the number of authoritarian regimes in the world and the tendencies for the
democracy deficit, showing themselves lately, make the problem of calculating the real competitive potential of political
opposition in the conditions especially topical, when the electoral results get distorted and they therefore fail to objectively
reflect the real support of opposition by the people. The method of studies is index analysis of political process. Formation
of the index scale for measuring the competitive potential of political processes was based upon the methodology of index
analysis by M.S. Shugart, J. Carey, as developed in the works A. Crowell and O.I. Zaznayev. The author used the experience
of index analysis of other precedents within the frameworks of political science. The authors of the article offered the
method of operationalizing the term “competitive potential of the political opposition” as an index scale for encoding the
strong points of government and opposition, allowing to measure and calculate the index of competitive potential of the
political opposition. As a test, the method of index analysis is used to measure the dynamics of evolution of the political
opposition in Russia in 1993-2012.
Keywords:
Political opposition, index analysis, Russia, political regime, measurement methods, political elites, counterelites, political actors, electorate, power.
Authority and management
Reference:
Kurbanov, R.A.
Legal regulation of electric power industry (the USA)
// Law and Politics.
2014. ¹ 8.
P. 1151-1158.
URL: https://en.nbpublish.com/library_read_article.php?id=52244
Abstract:
The article evaluates evolution of the legal regulation of the electric energy sector in the USA. In the US legislation
legal regulation of electric power industry involves the sphere of electric energy production, networks for the supply
of energy to customer, and wholesale supply of energy. Initially electric energy market was regulated active development
of electric energy market in early XX century required interference of federal government and application of anti-trust
legislation in order to systematize this sphere. Also, a set of measures is taken at the federal level in order to improve
energy efficiency and energy saving. In the process of its development energy sector of the USA survived several crises,
and it required development of energy policy at the federal level. Another important factor is influence of environmental
requirements upon the development of energy sector, where the main attention is paid to development of use of renewable
resources, such as hydro energy. Compliance with the environmental imperatives, when providing licenses and permission,
is established not so much in the legislation, rather it is provided for with a number of judicial decisions, obligating
relevant government bodies to pay special attention to environmental imperatives, when issuing licenses and permissions.
Keywords:
The USA, electric power industry, anti-trust legislation, energy efficiency, licensing, environment, energy crisis, hydro energy, energy resources, federal legislation.
International relations: interaction systems
Reference:
Vishnevskiy, P.N.
Subjects of legal relations involving the international
loan contract
// Law and Politics.
2014. ¹ 8.
P. 1159-1172.
URL: https://en.nbpublish.com/library_read_article.php?id=52245
Abstract:
The article provides analysis of subjects of legal relations regarding the international loan contract. The author discusses
specific features of legal status and character of participation of natural persons, foreign commercial banks, international banks,
states and commercial organizations in these relations. Special attention is paid to the problems arising in the Russian judicial
practice regarding participation of foreign banks in the international loan relations in the territory of the Russian Federation,
as well as to the specific features of participation of international banks and states in these relations. Special attention is also
paid to the role of third parties in the legal relations regarding international loan contracts. The article involves systemic and
complex methods, and the method of analysis is applied in part of description of subjects. The article provides analysis of various
sources of both international and national law. Depending on specific features of their legal status the author singles out five
types of subjects of legal relations regarding international loan contract: natural persons, foreign commercial banks, international
banks, states, commercial organizations. The author reveals blanks in the Russian legislation regarding legal status of
foreign banks, as well as mistaken approaches of the Russian courts in some cases involving these persons. The article includes
detailed description of specific features of participation of international banks and states in the international loan relations.
Keywords:
Loan contract, international banks, foreign banks, states, commercial organizations, transborder relations, derivatives, export crediting, state guarantees, state immunity.
Transnational interests
Reference:
Shugurov, M.V.
Issues of protecting intellectual property rights within G8
in the context of globalization of innovative development
// Law and Politics.
2014. ¹ 8.
P. 1173-1187.
URL: https://en.nbpublish.com/library_read_article.php?id=52246
Abstract:
The article is devoted to evaluating evolution of the activities of the Group 8 (G8) in the sphere of protection of
intellectual property. The author consequently follows the evolution of the G8 regarding these issues from 1988, noting
appearance of novel nuances, based upon the documents issued by the G8. Special attention is paid to the activities of the
specialized structural divisions formed by the group, such as the Intellectual Property Expert Group. From the point of view
of the author 2007 was a key year for the change, when the issues of intellectual property were recognized among the focal
points of activities of G8, rather than being just facultative issues. As a result the format of Heiligendamm L’Aquila Process
(HAP) was formed, and within its framework the issues of protection of intellectual property rights were united with the issues
of fighting counterfeit and pirated products. The article provides analysis of involvement of the G5 (the group of most
influential developing states) into the discussion of the issues of necessity to consequently comply with the intellectual property
rights. In addition the author shows applied work within the framework of the Group, making a conclusion in the high level of
implementation of the political obligations. As a methodological basis for the analysis of position of G8 states the author uses
understanding of its collective function as a supplier of global public good. In addition, the author views the activities of the
group on further development of intellectual property as means for providing additional guarantees, rather than substituting
the activities of existing international organizations in this sphere. Novelty of the article is due to the complex analysis of the positions of the Group on the issues of value of intellectual property protection in the conditions of globalization of innovative
development. The author substantiates the conclusion that the position of G8 to a great extent defines the growing strictness
of the protection of intellectual property rights, which serves as a basis for the transition from the TRIPS standards to the
TRIPS-plus standards, and these standards do not fully correspond to the positioning of intellectual property institution as
means of achieving global development targets, including those in the sphere of innovative development.
Keywords:
Group 8, globalization, innovative development, intellectual property, counterfeit, developing states, political dialog, global goods, Internet, information society.
XXI century International law
Reference:
Kostenko, N.I.
Problems of responsibility
in the international criminal law
// Law and Politics.
2014. ¹ 8.
P. 1188-1205.
URL: https://en.nbpublish.com/library_read_article.php?id=52247
Abstract:
The article concerns doctrinal and legal points of view on the concept of international legal responsibility in the
international criminal law. The main goal of this study is to develop the definitions of international legal responsibility in
the international criminal law taking into consideration formation of the International Criminal Court on July 17, 1998. The
author provides a study of development stages of the international legal responsibility in international criminal law, stating
its current formation as a whole and complete legal system. The author analyzes principles and international treaties on
responsibility for international crimes and crimes against humanity. The author analyzes the measures of responsibility
of international law subjects for international unlawful acts. The methodological basis for the studies is formed with the
dialectic cognition method, it also involves application of principles of development, sustainability, and systemic character.
The article involved general and specific legal methods: comparative, systemic structural, theoretic – methodological,
etc. It also should be stated that while there were studies of these issues both in Russian science and abroad, there were
no sufficiently in-depth studies. At the same time the problems of responsibility in international criminal law became
important in both its theoretical and practical dimensions from the moment, when the International Criminal Court was
founded. The author draws a conclusion that responsibility in international criminal law for the committed international
offences takes place in strict compliance with the norms of international law, which establish responsibility for the various
international crimes, and types and amounts of punishments are provided for in the Statute of the International Criminal
Court and national criminal codes.
Keywords:
Legal principles, general principles, legal responsibility, crimes, process, international crimes, norms, legal relations, unlawful, punishments.
XXI century International law
Reference:
Degterev, D.A.
International legal and international political studies:
the problems of synthesis
// Law and Politics.
2014. ¹ 8.
P. 1206-1216.
URL: https://en.nbpublish.com/library_read_article.php?id=52248
Abstract:
In late years both in Russian and foreign international law science faces the spread of approaches, which are
used in political studies of international relations. This work analyzes the genesis of this interrelation starting from late
1980s. The author discusses the main causes of interdisciplinary synthesis, including growing role of the “soft law” and
spread of conflict resolution mechanisms base upon the internal law of the main international economic organizations
(WTO, IMF, World Bank Group) and integration groups (the EU, the NAFTA, the EurAsEC, etc.). The article contains an
overview of the main directions of borrowing, including diagnosing the main international problems, their structuring and
searching for the international legal mechanisms for their solution, analysis of structure and functions of organization
design of the existing international regimes and institutions, as well as international law as a whole. On each of these
directions the author provides the key studies. The conclusion is made that spread of instruments of political science in
the international law facilitates its enrichment, formation of the fruitful interdisciplinary synthesis, allowing for the multifaceted
analysis of international reality.
Keywords:
Jurisprudence, international law, international relations, interdisciplinary approach, methods of legal studies, synthesis of international law and international relations, soft law, international organizations, international regimes, global administration.
JUDICIAL POWER
Reference:
Rotar, A.I.
Function of the victim in criminal process in Russia
// Law and Politics.
2014. ¹ 8.
P. 1217-1223.
URL: https://en.nbpublish.com/library_read_article.php?id=52249
Abstract:
The object of studies involves norms of international criminal legislation of Russia, decisions of the Constitutional Court
of the Russian Federation, regulating procedural position of a victim in the criminal process of Russia, including analysis of role
of victim among other participants, implemented function in the course of criminal judicial proceedings, correlation of the legal
categories of “accusation” and “criminal prosecution”, specific features of implementation of specific directions of activities, as
well as theoretical developments in this sphere, including scientific articles, dissertation studies and monographs of renowned
procedural scholars. The methodological basis includes general scientific methods, such as a analysis and synthesis, method of
systemic approach, as well as main conceptual provisions of the modern doctrine of international criminal law. The studies show
that some authors call the function of a victim “accusation”, and others refer to “criminal prosecution”. The author analyzes the
correlation of these categories drawing a conclusion that “criminal prosecution” should be regarded as part of “accusation”.
The analysis of “accusation” as a function has allowed to draw a conclusion on its contents: criminal prosecution, formulation
(presenting) an accusation, support of accusation in court. These directions of activities should be regarded as sub-functions
of the main function of accusation. Specific features of procedural status of a victim allows to single out his capabilities in the
sphere of said types of procedural activity. As a result a conclusion is made that while being the main participant of criminal
judicial proceedings, the victim is one of the key participants of a trial, the official bodies and officers implement an obligation
on protection and restoration of violated or limited rights, being obliged to initiate a criminal case, establish an accused person
and support prosecution in trial. The article also offers a new text of Art. 22 of the Criminal Procedural Code of the Russian
Federation, the author considers that its title and contents should conform to other norms of the Criminal Procedural Code of
the Russian Federation and the legal understanding of function of “accusation” as provided for in this article.
Keywords:
Victim, functions, sub-functions, interest, public prosecution, criminal prosecution, criminal judicial proceedings, procedural status, supporting prosecution.
Human and state
Reference:
Baymatov, P.N.
State guarantees of the right of citizens
of the Russian Federation to social guarantees:
judicial protection
// Law and Politics.
2014. ¹ 8.
P. 1224-1231.
URL: https://en.nbpublish.com/library_read_article.php?id=52250
Abstract:
The article involves the study of state guarantees of a right of citizens of the Russian Federation for social
guarantees, their interrelation with the definition of sociality of a state. Special attention is paid to the state guarantee:
a constitutional principle of justice. The author analyzes specific features of judicial protection of a right to social
guarantees from the standpoint of economic potential of the state, presence of financial resources. The object of study
involves implementation of constitutional guarantees of the rights of people for social guarantees in the Russian federation,
including the judicial control over their implementation. The said issues are studied with the help of logical
and systemic methods, analysis and synthesis, formal legal, comparative legal and historical comparative methods
of cognition. The article presents and supports the thesis that state guarantees of a constitutional right of citizens to
social guarantees are among the main indicators of social character of the state. Formation of the social state via
strengthening of state guarantees of implementation of constitutional right to social guarantee is a strategic goal for
both the state apparatus and a civil society as a whole.
Keywords:
Constitution, social state, guarantees, justice, judicial bodies, principles, indicators, social guarantees, health resort treatment, competence.
Human and state
Reference:
Repyeva, A.M.
Service “know-how” in the Russian legislation
// Law and Politics.
2014. ¹ 8.
P. 1232-1240.
URL: https://en.nbpublish.com/library_read_article.php?id=52251
Abstract:
The goal of this article is to provide brief characteristics of the service “know-how” in the Russian legislation.
In order to achieve this purpose, the author describes understanding and qualification of service “know-how” in the
Russian legislation, as well as forms of its use. The author also singles out some specific features of interaction between
civil and labor legislation in the sphere of regulation of service secret, production and documents. The article involves
description of regulation of labor relations regarding formation and protection of the intellectual property results created
by the worker, the author follows qualification of “know-how” as being “service-related”. The author shows the
importance of differentiation of “labor competence” and “specific employer assignment”, and the obligation of a person
gaining access to a production secret due to his working competence to keep the information confidential until the exclusive
right to this production secret expires. It is established that the assignment of an employer excludes labor relations
and labor obligations. The main conclusion of the article is that the nature of service “know-how” in its interpretations
in the Russian legislation is not homogenous.
Keywords:
Law, politics, know-how, labor legislation, production secret, Civil Code, obligation, norm, author, reward.
Anthropology of law
Reference:
Litvinova, S.F.
Formation of the legal traditions in the People’s Republic
of China as a result of consecutive legal activity
// Law and Politics.
2014. ¹ 8.
P. 1241-1248.
URL: https://en.nbpublish.com/library_read_article.php?id=52252
Abstract:
Stability of law is one of the main values of the social state. Its formation is impossible, unless legal stereotypes,
traditions and customs are formed. Based upon the experience of the PRC in the sphere of regulation of international
private law relations the author defines the means of formation of legal traditions and specific features of consecutive
legal activities. Chinese legislation was chosen for the analysis since Chinese society is very traditional, which is reflected
in its law. That is why, the experience of China deserves special attention. The study involved general scientific
methods of analysis, synthesis, induction, logic, and special legal methods: formal legal method and interpretation. The
author also used civilization approach towards the object of studies. The interest to the foreign experience is due to
the fact that the issues of formation of legal traditions are not sufficiently studied in the Russian science. It is obvious
that in the period of gaining experience, which may serve as the basis for the legal tradition, the legal activity should
be consecutively aimed at its formation. The legal traditions may be formed via the following means: “ from the legal
practice to the norm of law”, “ from a laconic form of law to a detailed legal practice”. At the same time consecutive
character of legal activity is multi-faceted.
Keywords:
Legal traditions, legal stereotypes, sustainable law, consecutive legal activity, legal experience, formation of legal traditions, legislation of the PRC, traditionalism of the Chinese society, mentality, identity of the society.
Anthropology of law
Reference:
Hazime, S.M.
Process of institutionalization in the Sunni community
in Lebanon since 1945 to 1990s
// Law and Politics.
2014. ¹ 8.
P. 1249-1259.
URL: https://en.nbpublish.com/library_read_article.php?id=52253
Abstract:
One of specific features of the society in Lebanon is that complicated political and religious situation
is reflected upon its social organization and political life, including functioning of the party system. Parties and
public movements were usually formed within the frameworks of certain religious groups. Often the leadership in
the party organization and community was by the same person, while several parties could be formed based upon
one religious denomination. The scientific literature provides detailed analysis of the institutionalization of the
Shiite political parties (Hezbollah, Amal). The issue of Sunni political association was not sufficiently studied. It
probably has to do with the fact that while the Shiite parties are non-standard, the Sunni parties followed a more
traditional path of development. However, understanding of the political development of the Sunni community is
necessary for evaluating religious problems in Lebanon. The goal of this article is to provide comparative analysis
of formation of development of the three main Sunni parties in Lebanon (Hizb at-Taharror al-Islamy, Al-Jamaa
al-Islamiya, Al-Ahbash). While all of them were formed after the Lebanon became independent, their ways of development
differed. The main methods were theoretical analysis of sources (party documents, programs, official
statements of part members) , inductive analysis, interviewing party representatives by the author. The practical
importance of this study is due to the fact that contradictions among these parties and competition among them allow
one to understand why the Sunni community of Lebanon remained fragmented, and it never became consolidated.
Therefore, the conclusions made as a result of the analysis may be applied in the future studies devoted to the
analysis of confessionalism and internal and inter-confessional contradictions at the level of political institutions.
Keywords:
Sunni community, institutionalization, Lebanon, confessionalism, party lists, traditional Islamic parties, traditional Islamist parties, Salaphite movements, process of state modernization, system of traditional leadership, Lebanese “Zuama”.
Practical law manual
Reference:
Polyakova, V.E.
Consent to conclusion as a condition for validity
of a preliminary contract:
German and Russian experience
// Law and Politics.
2014. ¹ 8.
P. 1260-1266.
URL: https://en.nbpublish.com/library_read_article.php?id=52254
Abstract:
The article contains analysis of legal approaches of Russia and Germany towards the issue of the need for approval
of preliminary contract, providing for conclusion of the main contract, requiring consent (of organs of a legal entity,
third parties, state and municipal bodies). It is noted that in Russia the range of deals requiring approval and necessary
formulae is quite diverse. At the same time a preliminary contract is not directly included into the list of deals, which
need to be approved. Both the doctrine and practice have ambiguous approaches towards application of requirements on
approval for the main contract to a preliminary contract as well. At the same time the German scholars have attempted
to find common rules for resolution of the relevant situation. Methodological basis for the article includes traditional
scientific and specialized research methods – dialectic, formal logical, method of analysis, synthesis, induction, deduction,
comparison. An important accent is made upon the comparative legal method. As a result of the study the author
concludes that developments of the German doctrine are not alien to the Russian reality, and they may be extrapolated
onto the Russian soil: application of requirement on approval of a deal to a preliminary contract is viable when provision
of a permission is due to the social goals (such as protection of persons with limited legal capability). In other cases the
requirement of approval of the preliminary deal is not reasonable.
Keywords:
Organs of a legal entity, agreement, approval, German law, Russian law, main contract, preliminary contract, third parties, state organs, distribution of property.
Discussion forum
Reference:
Oseichuk, V.I.
On the mechanism of formation of the highly
professional top echelon of government power
(a scientifi c discussion)
// Law and Politics.
2014. ¹ 8.
P. 1267-1275.
URL: https://en.nbpublish.com/library_read_article.php?id=52255
Abstract:
The article is devoted to the analysis of the mechanism for the formation of the highly professional
national elite in the sphere of state administration. Special attention is paid to the domination of spontaneous
elements in recruiting highest state bureaucracy. The author offers a system of measures for the legal regulation
of the system of selection, training and promotion of the best cadres to the top echelon of the government power.
In the opinion of the author the main principles of the mechanism for the formation of the higher echelon of state
government should be provided for in the Constitution of the Russian Federation. The article raises an issue
of the formation of the new mechanism for the formation of national elite in the sphere of state administration.
The study involves a system of methods, including formal logical, dialectic, materialistic, systemic, historical,
statistic, sociological. If Russia is going to deal with the challenge and become one of the leading states, it
should form a new mechanism for the formation of the national elite in the sphere of state administration, so
that the best representatives of the Russian society would strive to join it. The top echelon of state government
of Russia should be more than just a sum of person, who came there sometimes by mere luck, rather it should
be a social group, which is formed mostly by purposeful selection. Additionally, the only persons remaining in
top echelon should be those, who are able to guarantee dynamic development of the state and high qualify of
living standard for the people.
Keywords:
People, supreme state bureaucracy, state administration, unprofessionalism, Constitution, standard of professional qualities, mechanism for the cadres selection, democratic rule-of-law state, ruling party, social progress.
Biblion
Reference:
Dubovik, O.L.
Review. Models of system of crimes in the modern
criminal law (sost: Jordan Aidarov), Sofi a: University
Publisher “Paisius of Hilendar”, 2013. – 168 p.
// Law and Politics.
2014. ¹ 8.
P. 1276-1281.
URL: https://en.nbpublish.com/library_read_article.php?id=52256
Abstract:
The review provides references to the positions of criminal law science of Bulgaria and Russia on the issues
of modeling the system of crimes in the criminal legislation of the modern period and in the historical aspect. Efficient
and substantiated systems of crime systematization (there is over 100 of them right now) are aimed at guaranteeing sustainability,
stability and efficient application of norms of criminal law, but still science has not provided for an optimum
model, and the current legislations of Bulgaria and Russia still do not satisfy the criteria and conditions for the systemic
character. The author notes similarities in many positions of Bulgarian specialists regarding modeling the system of crimes
and positions reflected in the Russian criminal law literature. It is noted that the collection is a source of information on
the modern situation and tendencies in the criminal law of Bulgaria after it joined the EU, and on the movements in the
Bulgarian science of criminal law. The author of the review pays attention to the fact that lately this information became
less easily accessible and it is less often used for comparative legal studies in general and studies in criminal law in particular.
The author notes high level and detailed character of analysis of many issues whether concerning models of the
system of crimes or historical legal analysis.
Keywords:
Law, review, crime, criminal law, criminal law prohibition, the Criminal Code of the Republic of Bulgaria, categorization of crimes, criminal law norm, organized crime, systemic character.
Jurisprudence
Reference:
Vasilchenko, A.I.
Price and period of energy service contract
// Law and Politics.
2014. ¹ 8.
P. 1282-1287.
URL: https://en.nbpublish.com/library_read_article.php?id=52257
Abstract:
The study concern the conditions on price and period of energy service contract. The article provides analysis
of the provisions of the Federal Law “On Energy Saving and Greater Energy Efficiency”, and other normative legal
acts in the sphere of energy saving and higher energy efficiency, legal practice and doctrinal provisions in this sphere.
Within the framework of the study the author evaluates the problems of coordination of clauses on price and period of
energy service contract, providing an overview of various models of energy saving contract, which reflect the principle
of dependency between the price of energy service contract and the amount of economy of energy resources. The article
involves general scientific and special legal methods of study, namely, the author uses systemic, logical, dialectic, historical,
structural-functional, formal legal, comparative legal methods, method of legal modeling, observation, description,
analysis of documents and other methods of scientific cognition. The price of energy service contract is not among its
fundamental conditions, and it is not regulated by the state. A specific feature of energy service contract is the possibility
to establish the price depending on the amount of economy of energy resources as a result of energy saving activities within
the framework of energy service contract. The said amount should be agreed upon by the parties. The period of energy
service contract is among the fundamental conditions of the contract. In order to conclude a contract the parties should
establish a period after which the parties should agree upon the amount of economy of energy resources.
Keywords:
Energy service contract, price of a contract, period of a contract, fundamental conditions of a contract, energy saving, energy efficiency, law on energy saving, energy resources, conclusion of an energy service contract, compensated provision of services.