Theory
Reference:
Galuzin, A.F.
Security as a principle and as a function of law.
// Law and Politics.
2004. ¹ 11.
P. 4-18.
URL: https://en.nbpublish.com/library_read_article.php?id=49654
Abstract:
Currently the term “security” gained new topicality for the Russians. This term is now often used both by the media and in everyday conversations. Author of this article studies security as a legal category and a scientific category with specific regard to criminal law and process, emphasizes the role of security problems in modern Russia. It is noted that the nature of security as a social and legal category is embedded into the very system of social relations in the sphere of security, which are governed by law - “law of ensuring security”, and it calls for detailed legislative provisions.
State institutions and legal systems
Reference:
Goshulyak, V.V.
Widening the scope of jurisdiction of the Constitutional (Ustav) Courts of the subjects of the Russian Federation in 2001-2004
// Law and Politics.
2004. ¹ 11.
P. 19-27.
URL: https://en.nbpublish.com/library_read_article.php?id=49655
Abstract:
This article contains detailed comparative analysis of powers of the Constitutional (Ustav) courts of the subjects of the Russian Federation. As author notes, certain powers of the Constitutional (Ustav) courts, such as control over constitutionality of non-normative acts of the government bodies in the Republic of Tyva, control over constitutionality of application of laws by the executive branch in the Republic of Sakha (Yakutia), power to make decisions on prohibition and dissolution of the political parties in the Republic of Bashkortostan, cause certain doubts. Article also contains analysis of the practice of the Constitutional Court of the Russian Federation related to this issue, and of foreign experience in the sphere of constitutional control.
Transformation of legal and political systems
Reference:
Zolotukhina, T.A.
Some problems related to legislation of the subjects of the Russian Federation.
// Law and Politics.
2004. ¹ 11.
P. 37-43.
URL: https://en.nbpublish.com/library_read_article.php?id=49656
Abstract:
The tendency towards decentralization of the Russian legal system clearly shows itself in intensive development of law-making functions of its subjects. Bodies of subjects of the Russian Federations become independent subjects of law-making, which, in turn causes many questions on the limits to their powers, and problems in the sphere of “shared” jurisdictions of federal bodies and bodies of the subjects of the Russian Federation. As the author notes, it cannot be said that Russia uses a any one of the three models of separation of powers between the federation and its subjects, currently used by other states. Author studies legislation and practice related to this issue, notes existing defects, elaborates upon the practice of the Constitutional court of the Russian Federation, then comes to a conclusion that currently the subjects of the Russian Federation show varied and developed legal system, which, however, cannot be called united, well-balanced, or adequate.
Transformation of legal and political systems
Reference:
Lipinsky, D.A.
Some problems related to improvement of the institution of procedural responsibility.
// Law and Politics.
2004. ¹ 11.
P. 37-43.
URL: https://en.nbpublish.com/library_read_article.php?id=49657
Abstract:
Currently we can witness formation of new kinds of legal responsibility. It is truly a progress, and not a regress of legislation. Author studies current state of different kinds of procedural responsibility, elaborates upon the problems of procedural responsibility in constitutional and administrative process. Author also pays attention to the problem of court as subject of civil procedural responsibility, studies responsibility in the arbitrazh process (in commercial courts), reviews a number of issues related to criminal procedure, namely, the problem of inequality of participants of criminal process, lack of advocate’s responsibility. Author then comes to a conslusion that the institution of procedural responsibility is currently at the stage of formation and calls for further improvement.
Authority and management
Reference:
Chertkov A.N.
Changing the way the higher officials of the subjects of the Russian Federation enter into their positions: means of realization of the initiatives of the President of the Russian Federation.
// Law and Politics.
2004. ¹ 11.
P. 51-55.
URL: https://en.nbpublish.com/library_read_article.php?id=49658
Abstract:
As the author of this article notes, in evaluation of the initiative of the President of the Russian Federation to change the way the higher officials of the subjects of the Russian Federation enter thei positions, one cannot but note that in its optimal realization this initiative can have great positive influence upon formation of unity of the executive branch of power in the Russian Federation. Moreover, direct election of the higher officials by the people is not the only way for them to take office. In some federation states, such as the Federal Republic of Germany and Austria the heads of executive branches of their subjects are elected by legislative (representative) bodies of subjects. Such a model is meant to strenghten the executive power in the state…
State security
Reference:
Vishnya, G.I. Sokolov, A.N.
Some aspects of experience of foreign law-enforcement bodies in ensuring the domestic security of a state.
// Law and Politics.
2004. ¹ 11.
P. 56-60.
URL: https://en.nbpublish.com/library_read_article.php?id=49659
Abstract:
Modern Russia at the time of formation of market economy suffers greatly from growth of criminal activity and security problems, related to the international terrorism’s assaults upon Russia. It is clear why in such conditions study of experience of foreign states in the sphere of organization of work of law-enforcement bodies becomes very relevant. In this article specific attention is payed to role and functions of the law-enforcement bodies in fighting international terrorism and organized crime, specifically in the sphere of “special” investigation activities (audio-control, video-control, shadowing, etc.), operative investigation activities (listening to phone conversations, receipt of information via technical means of communication, etc.)
International relations: interaction systems
Reference:
Gavrilov, V.V.
Main directions of interaction of normative components of international and national legal systems.
// Law and Politics.
2004. ¹ 11.
P. 80-90.
URL: https://en.nbpublish.com/library_read_article.php?id=49660
Abstract:
At the Globalization age we get to discuss the issue of formation of the common legal system within the framework of the international community more and more often. Can we then consider that the international community has reached the necessary degree of self-organization? Author of this article studies two main directions of correlation of normative elements of international and national legal systems, which technically, may be called “substantial” and “regulative”, gives his own answer to this topical question.
Law and order
Reference:
Mardanov, D.A.
System and sources of executive procedure.
// Law and Politics.
2004. ¹ 11.
P. 91-95.
URL: https://en.nbpublish.com/library_read_article.php?id=49661
Abstract:
Executive procedure is a final and necessary stage of civil (arbitrazh/commercial) procedure. It is the logical consequence of decision made in a civil case, as well as means of protection of subjective civil rights and interests. This stage does not give rise to any other stage of civil legal proceedings. Legislation provides for executive procedure not only for decisions of the courts of general jurisdiction and other jurisdiction-based bodies (arbitrazh courts, etc.). This article contains systemic analysis of executive procedure, its stages and sources. Authornotes that the process of creation of system of sources of executive procedure is not yet completed, and is truly worth of detailed scientific study.
Stabilization systems: fiscal control
Reference:
Musatkina, A.A.
Promotional financial and legal sanctions: problems of improvement.
// Law and Politics.
2004. ¹ 11.
P. 96-100.
URL: https://en.nbpublish.com/library_read_article.php?id=49662
Abstract:
This article is devoted to the problem of improvement of financial and legal sanctions as means for humanisation of financial policy of the Russian Federation. Author studies existing legislation in this sphere with specific regard to tax violations and currency control, analyzes typical shortcoming of financial - legal sanctions. In particular, author notes that amount of financial sanctions should be differentiated depending on degree of guilt of subject of violation. For example, sanction defined as a whole sum of transaction for not providing documents for transaction on time is too severe for the violation of this nature. Author stresses that current financial legislation should provide for alternative and relatively-defined sanctions, reglamentation of financial sanctions only by law and not by acts of various bodies.
Stabilization systems: fiscal control
Reference:
Agranovsky, A.V.
On some aspects of performance of cashless settlement obligations by the banks and responsibility for failure to perform obligations.
// Law and Politics.
2004. ¹ 11.
P. 101-107.
URL: https://en.nbpublish.com/library_read_article.php?id=49663
Abstract:
Performance of cashless settlement obligations in Russia involves a number of problems, related to involvement of banks in such obligations, and responsibility of violation of such obligations. This articles is devoted to study of various aspects of legal regulation of cashless settlement, and such problems, as legal nature of rate fine for unlawful use of other’s funds, problems of performance under the decision of arbitrazh courts. Author studies positions of legal scholars and pratitioners and also court practice.
Public communications
Reference:
Dashan, M.S.
Libertary Internet: search for Leviathan.
// Law and Politics.
2004. ¹ 11.
P. 108-114.
URL: https://en.nbpublish.com/library_read_article.php?id=49664
Abstract:
Is it truly possible to regulate Internet? Many lawyers both in Russia and abroad try to find the answer to this question. So far the answer is not yet found, since the very understanding of legal regulation may vary. This article is devoted to review of the problem of Internet regulation within the framework of libertary theory of understanding of law.
Human and environment
Reference:
Sedov, A.A.
Legal problems related to forest management.
// Law and Politics.
2004. ¹ 11.
P. 115-128.
URL: https://en.nbpublish.com/library_read_article.php?id=49665
Abstract:
The Russian Federation possesses the largest amount of forest resources in the world. However, the sheer amount in itself is not capable of guaranteeing either high profits or growth of forest-related industry. The Concept of forestry development of the Russian Federation for the years 2003-2010, as approved by the Government of the Russian Federation, contains the statement, according to which the forest resources are used ineffectively. A.A. Sedov’s article includes anlysis of objects of forest-related legal relations, problems of lease of forest land, right for free of charge use of forest by agricultural organizations, state’s role in forest management. Author notes that codification of forestry legislation should provide solutions to problems related to the sharing jurisdiction of the Russian Federation and its subjects in the sphere of forestry and forest management, and also specific provisions as to the powers of the municipal bodies in this sphere.
Conflict: tools of stabilization
Reference:
Shulaya, M.O.
Prevention of performance of executive procedure: problem of an object of infringement.
// Law and Politics.
2004. ¹ 11.
P. 129-134.
URL: https://en.nbpublish.com/library_read_article.php?id=49666
Abstract:
This article is devoted to problems of responsibility for a number of crimes, which, technically, can be qualified as related to prevention of performance of executive procedures under the decision of the courts on civil matters. Currently these crimes are recognized as crimes against justice. As the author notes, mistaken understanding of object of such crimes causes further mistakes related to the elements of crimes and in the end causes disfunction of the system of criminal legal protection in this sphere.
Practical law manual
Reference:
Yashenkov, K.A.
Role of mortgage relations at the current stage of economic development of the Russian Federation.
// Law and Politics.
2004. ¹ 11.
P. 135-139.
URL: https://en.nbpublish.com/library_read_article.php?id=49667
Abstract:
Currently in Russia there is great need for provision of bank credits to organizations, enterpreneurs and physical persons. And, of course, the more effective the mechanisms related to return of debts are, the broader is the scope of provision of credit. Mortgage is, undoubtedly, a very effective guarantee in this sphere. Mortgage (immovable property deposit) was recently brought back into the Russian legal system, and, as the author notes, mortgage legislation contains many contradictions, which, in turn cause problems related to protection of interests of the mortgage holders, and limit the possibilities for use of mortgage.
Biblion
Reference:
Farkhutdinov, I.Z.
Pacta sunt servanda - The contracts ought to be performed. I.I. Lukashuk, Modern international contract law. Volume 1. Walters Kluwer, Moscow, 2004. 628 p.
// Law and Politics.
2004. ¹ 11.
P. 140-143.
URL: https://en.nbpublish.com/library_read_article.php?id=49668
Abstract:
This is a review on the unique monograph, devoted to problems of international contracts and agreements. This monograph is written by I.I. Lukashuk, doctor of legal science, Professor, whose scientific work was recognized with the State Award of the Russian Federation, Award of the Russian Academy of Science named after F.F. Martens. Professor Lukashuk also is the head of the Center of International Legal Studies of the Institute of State and Law of the Russian Academy of Science. This monograph undoubtedly will be of great interest to many readers.
Biblion
Reference:
Polubinskaya, S.V.
German criminal law: new challenges and new answers: A.F. Zhalinsky. Modern German criminal law. Moscow, TK Welby, Prospekt, 2004, - 560 p.
// Law and Politics.
2004. ¹ 11.
P. 144-145.
URL: https://en.nbpublish.com/library_read_article.php?id=49669
Abstract:
Russian and German criminal law are parts of the continental legal system and they have much in common. A.E. Zhalinsky’s book is a deeply analytical research of German criminal law, court practice and doctrine. However, modern German law is viewed by the author in relation to history and traditions. In fact, it is the first time when such detailed and profound research of Ger4man criminal law is published in Russia.
Biblion
Reference:
An unbiased look on internal affairs bodies (on “History of native internal affairs bodies” by Mulukaev, R.S., Malygina, A.Y. Epifanova, A.E. M. NOTA BENE Media Trade Company, 2005, 336 p.
// Law and Politics.
2004. ¹ 11.
P. 146-149.
URL: https://en.nbpublish.com/library_read_article.php?id=49670
Abstract:
This coursebook on history of internal affairs bodies is prepared by a group of authors, under the guidance of the Professor of the Academy of Government of the Ministry of Internal Affairs of the Russian Federation, doctor of legal science Academician R.S. Mulukhaev. In fact, publication of this coursebook is a novel event in the field of educational literature, since up to this time coursebooks specifically devoted to the historical and legal study of development of internal affairs bodies were not published. Part 1 of the book is devoted to organization, development and activities of police and prison facilities in IX-XX century Russia. Part 2 is devoted to organization and activities of the internal affairs bodies of the Soviet state (October 1917-1991). Part 3 is devoted to reforms of the internal affairs bodies and change of their concept in modern Russian society. One cannot but agree with the authors’ conclusion that historical experience should be used in modern conditions. The book also includes objective analysis of modern state of internal affairs bodies, constructive criticism and ideas for improvement. While the textbook is published mainly for the students of the professional education organizations of the Ministry of Internal Affairs of the Russian Federation, it is of great interest to lawyers, historians, politologists and all interested readers.
Biblion
Reference:
Seregin, N.S.
Sunset of American greatness? C. Kupchan, The End of the American Era. Moscow, AST, 2004, 637 p.
// Law and Politics.
2004. ¹ 11.
P. 150-151.
URL: https://en.nbpublish.com/library_read_article.php?id=49671
Abstract:
The book, which is presented to readers in this review, gained great popularity right after it was published, and its’ popularity was not only due to author’s forecast of the end of the era of “American hegemonism in the world” (as it already happneed to the Alexander the Great’s kingdom, Roman Empire, British Empire in XX century), but also due to rich texture of the book, convincing reasoning of the author - Associate Professor of international relations in the School of Foreign Service and Government Department at Georgetown University, Senior Fellow and Director of Europe Studies at the Council on Foreign Relations Charles Kupchan. In the preface to the 2004 edition author writes that overthrowing Saddam Khussein opened the doors for the new era in American history, and while, as the author notes, the USA demonstrated effective work of its armed forces, some consequences of the war in Iraq might not be that pleasant, and in the end the path, that Washington came upon, may lead to the sunset of American greatness… This book is a must not only for politologists and historians, but also for any reader, who is genuinely interested in modern international relations.
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