Human and state
Reference:
Lapaeva, V.V.
Forming a constitutional majority in the State Duma of the Russian Federation. Is it an expression of the will of the people, or parliamentary procedures?
// Law and Politics.
2004. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=49580
Abstract:
V.V. Lapayeva’s article is devoted to the issue of forming a constitutional majority at the State Duma of the Russian Federation. Article contains analysis of procedure of formation of groups within the Russian federal legislature. Currently this procedure, provided for by the Rules of the State Duma, allows the deputies, originally elected by one political party, to join coalitions, which are based on other political parties and election blocs. Author considers it necessary to ensure the balance of independence of the deputies and realization of the political will of the people, as originally expressed by voting for the candidates, representing certain political positions and parties. Author also discusses the possibility of challenging the Rules of the State Duma of the Russian Federation in court.
Practical law manual
Reference:
Rayanov, F.M.
Legal scholar's view on theory and practice of organization of social life.
// Law and Politics.
2004. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=49585
Abstract:
In this article Professor Rayanov expresses his views on theory and practice of organizing life of modern Russian soceity and also on searching for “the national idea”. Author sees the rights and freedoms, embodied in the Constitution of the Russian Federation as a basis for organizing life of Russian society. He also analyzes the problem of understanding the importance of human rights in modern Russian society and the role of the mass media in protecting these rights and freedoms.
Question at hand
Reference:
Kokotov, A.N.
Trust and distrust in Russian law.
// Law and Politics.
2004. ¹ 7.
P. 4-14.
URL: https://en.nbpublish.com/library_read_article.php?id=49566
Abstract:
In this article Professor A.N. Kokotov explores a number of aspects of the issue of trust in the relations between the government bodies and the society, and, as a result, in the legislation of the Russian Federation. Author also analyzes trust and distrust as subjects for regulation, ground for the law-enforcement activity. In this article one can find analysis of trust as a constitutional and legal value and study of the case law of the Constitutional Court of the Russian Federation on this issue. This article casts light on the issue of trust (distrust) as a constitutional and legal dimension of legal reality in Russia.
Theory
Reference:
Adzinova, E.A.
Some problems of understanding the constitutional right for legal defense.
// Law and Politics.
2004. ¹ 7.
P. 15-20.
URL: https://en.nbpublish.com/library_read_article.php?id=49567
Abstract:
E.A. Adzinova analyzes fundamental theoretical provisions on the constitutional right for the judicial protection for their detailed elaboration in the civil judicial procedure of the Russian Federation, explores a multi-faceted nature of this constitutional right. Author also examines the views of a number of legal professionals: scholars, practicing lawyers and judges on the nature of this right, and expresses her own point of view on this issue.
Theory
Reference:
Gusaeva, K.G.
Liberty of conscience as a legal category.
// Law and Politics.
2004. ¹ 7.
P. 21-25.
URL: https://en.nbpublish.com/library_read_article.php?id=49568
Abstract:
K.G. Gusaeva’s article is devoted to the topical issue of ensuring the freedom of conscience in a polyethnic and polyconfessional society while fighting extremism (using an example of the Republic Dagestan). Author finds that in the absence of federal legislation regulating a number of issues, concerning fighting extremism, the subjects of the Russian Federation have to impose necessary limitations by their own means.
Theory
Reference:
Lukyanenko, V.E.
Improving legislation on "agricultural" contracts in modern conditions.
// Law and Politics.
2004. ¹ 7.
P. 26-33.
URL: https://en.nbpublish.com/library_read_article.php?id=49569
Abstract:
In this article Professor Lukyanenko presents his analysis of the issue of bringing the legal norms on the “agricultural” contracts into a single systemic form, while combining new elements and elements, which already have been elaborated in much detail. Article also contains the study of existing practice of regulating the agricultural contracts in France. Professor Lukyanenko proposes to pass the law on development of the agriculture in the Russian Federation, which would contain the basic provisions and principles, necessary for the regulation of the agricultural relations and include the main rules on the specialized contracts in the sphere of agriculture.
Theory
Reference:
Brezgulyevskaya, N.V.
Federation and federalism: types and models.
// Law and Politics.
2004. ¹ 7.
P. 34-37.
URL: https://en.nbpublish.com/library_read_article.php?id=49570
Abstract:
In this article N.V. Brezgulevskaya analyses the terms “federation” and “federalism”, their correlation and classification. Having analyzed the views of those in favor of separating the terms «federation” and “federalism” (such as E.V. Tadevosyan, V.E. Chirkina) and those against seeing “federation” and “federalism” as different terms (such as V.G. Vishnyakova, O.Y. Oboldina, L.M. Karapetyan), author comes to a conclusion that it is necessary to see “federalism” as a separate term from “federation”, cites a number of models of federalism.
Transformation of legal and political systems
Reference:
Boyko, A.I., Fridinsky, S.N.
Office of the Public Prosecution: "an eye of a governor" or a remedial organization?
// Law and Politics.
2004. ¹ 7.
P. 38-41.
URL: https://en.nbpublish.com/library_read_article.php?id=49571
Abstract:
In this article A.I. Boyko and S. N. Fridinskiy analyze the status and the role of the public prosecutor in the Russian Federation, while taking into consideration the state ideology and political decisions, which are embodied in the legislation. Authors come to the conclusion that while the social role of the Prosecutor’s office is to serve the public interest. So, the role of public prosecutors includes both supervision and accusation, the prosecutor’s office both serves the interests of the state and protects the human rights.
Transformation of legal and political systems
Reference:
Chikhladze, L.T.
Local government and local self-government: a conceptual look.
// Law and Politics.
2004. ¹ 7.
P. 42-44.
URL: https://en.nbpublish.com/library_read_article.php?id=49572
Abstract:
L.T. Chikhladze analyzes views of a number of authors on the issue of local government and self-government, studies application of the international standards in the legislation of such states as Georgia, Byelorussia, Ukraine, Armenia. Author finds that the necessity of combining local government and self-government within both continental and Anglo-Saxon system is obvious, no matter whether a representative of the central government is situated locally or local self-government is performed by elected bodies. Author also notes that local self-government exercises its own powers in the interest of the people in the community, while local government uses delegated powers to support the state interest.
State institutions and legal systems
Reference:
Vasilevskaya, L. U.
Good faith purchase in the sphere of property: German experience.
// Law and Politics.
2004. ¹ 7.
P. 45-48.
URL: https://en.nbpublish.com/library_read_article.php?id=49573
Abstract:
Article is devoted to the problems of a good faith acquiry of the right of ownership in modern Russia. Author studies the practice on protection of the rights of a good faith buyer in Germany and principle of abstractiveness, which is developed in the German doctrine, provides the analysis of possibility of their use in Russian practice.
State institutions and legal systems
Reference:
Ignatenko, V.I.
International conventions on human rights and some issues on fighting terrorism.
// Law and Politics.
2004. ¹ 7.
P. 49-55.
URL: https://en.nbpublish.com/library_read_article.php?id=49574
Abstract:
In this article author studies the issue of ensuring the cooperation against terrorism on the international level, explores the role of the international agreements in the sphere of protecting human rights, evaluates their application.
Authority and management
Reference:
Lyalina, N.V.
Protection of the right of a parent to communicate with a child: Russian law.
// Law and Politics.
2004. ¹ 7.
P. 56-63.
URL: https://en.nbpublish.com/library_read_article.php?id=49575
Abstract:
N. V. Lyalina’s article is devoted to the problem of protecting parent’s right to communicate with a child. Author also studied the role of the judicial and guardian bodies in ensuring this valuable personal right.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Kosova O.Y.
Right to receive social and financial support.
// Law and Politics.
2004. ¹ 7.
P. 64-73.
URL: https://en.nbpublish.com/library_read_article.php?id=49576
Abstract:
O. Y. Kosova's article is devoted to the right to receive social and financial support and role of the state in ensuring support of its citizens on welfare. In this article one can find the study of the international legal standards, legal mechanisms and particular methods of legal reglamentation of the social relations regarding social and financial support of this category of citizens. Author also provides analysis of a number of issues regarding alimony payments.
International relations: interaction systems
Reference:
Kudinov, O.A.
Constitutional theories of early XX century Russia.
// Law and Politics.
2004. ¹ 7.
P. 77-84.
URL: https://en.nbpublish.com/library_read_article.php?id=49577
Abstract:
In this article O.A. Kudinov provided his research on the constitutional theories and ideas in early XX century Russia, studied the views of renowned legal scholars, phylosophers, sociologists, historians and politicians of early XX century on personal rights and freedoms, legal status of a person, constitutionalism, federalism, separation of powers, role of the judiciary and judicial control, adiminstrative courts and problems of the election law.
Conflict: tools of stabilization
Reference:
Trunov, I. L.
Compensation of harm and rehabilitation of persons subjected to unlawful or ungrounded criminal prosecution.
// Law and Politics.
2004. ¹ 7.
P. 85-93.
URL: https://en.nbpublish.com/library_read_article.php?id=49578
Abstract:
Professor I.L. Trunov’s article is devoted to the issue of legal regulation of compensating for the harm and rehabilitation of persons subjected to unlawful or ungrounded criminal prosecution, bringing Russian legislation on this issue in accordance with the international legal standards and the Constitution of the Russian Federation. Professor Trunov cites and analyzes and example of the Decision of the Supreme Court of the Russian Federation of April 5, 2004, by which the Court found unconstitutional in part violating rights and freedoms of the people the Instruction on the application of the Provisions on compensation of harm done to the persons by unlawful acts of the investigation bodies, public prosecution bodies and the courts.
Human and state
Reference:
Trunov, I.L.
Civilian weapons: legal regulation.
// Law and Politics.
2004. ¹ 7.
P. 94-104.
URL: https://en.nbpublish.com/library_read_article.php?id=49579
Abstract:
In this article Professor I.L. Trunov expresses his views on legal regulation of ownership of the civilian weapons in the Russian Federation. Professor Trunov considers the right to own weapons to be one of the guarantees of personal security and security of one’s property, finds it necessary to deal with imperfect legislative regulation of ownership and use of civilian weapons in the Russian Federation. In this article one can also find analysis of legislation of a number of states of the Eastern Europe, NIS and the USA on the issue of owning civilian weapons.
History of state and law
Reference:
Samochkin, A.N.
Specific features of right of ownership in Russian law.
// Law and Politics.
2004. ¹ 7.
P. 105-112.
URL: https://en.nbpublish.com/library_read_article.php?id=49581
Abstract:
A.N. Samochkin’s article contains analysis of theoretical and practical aspects of right of ownership in the Russian Federation. Author studies the specific features of the institution of right of ownership in Russian law, elements of public and private law within this institution.
JUDICIAL POWER
Reference:
Ivanov, A.V.
Commercialization in the sphere of housing: legal issues.
// Law and Politics.
2004. ¹ 7.
P. 113-120.
URL: https://en.nbpublish.com/library_read_article.php?id=49582
Abstract:
A.V. Ivanov’s article is devoted to the issue of commercialization in the sphere of housing. In this article the author offers a number of measures, which are necessary for effective legal regulation of relations in the sphere of housing.
JUDICIAL POWER
Reference:
Turanin, V.
In favor of purity of terminology: defining requirements to use of legal terms in legislative texts.
// Law and Politics.
2004. ¹ 7.
P. 121-125.
URL: https://en.nbpublish.com/library_read_article.php?id=49583
Abstract:
In this article V.Y. Turanin offers a system of requirements to use of legal terms in legislative texts. In the author’s opinion following these requirements should allow to ensure adequate expression of the legislators will, clarity of legal provisions for the people, allow to avoid contradictions between the values of the people and legislative provisions. This article also contains analysis of use of legal terms in a number of legislative acts in the Russian Federation.
Practical law manual
Reference:
A.N. Samochkin
Protecting the rights of people (Plevako awards).
// Law and Politics.
2004. ¹ 7.
P. 126-130.
URL: https://en.nbpublish.com/library_read_article.php?id=49584
Practical law manual
Reference:
Farkhutdinov, I.Z.
Responsibility as a basis of international law (Lukashuk, I.I. Law of international responsibility. Walters Kluwer, Moscow, 2004, p. 404).
// Law and Politics.
2004. ¹ 7.
P. 131-137.
URL: https://en.nbpublish.com/library_read_article.php?id=49586
Abstract:
This review presents to readers a fundamental monograph by Professor I.I. Lukashuk, which is devoted to the topical problems of international responsibility. This is the first monograph, devoted to the international responsibilities, which was published after the General Assembly of the UN adopted the Articles on State Responsibility in 2001. In his book Professor Lukashuk studies both theoretical and practical aspects of responsibility both in the international private law and international public law. This monograph is of great interest to professionals in the fields of international public and private law, legal scholars, students, studying law and international relations, etc. This book shall also come handy for the practicing lawyers dealing with the international contacts.
Academic life
Reference:
Kuznetsov, S.S.
Economy and law (Faizullin, G.G. Legal issues of state government in the sphere of agriculture: Russian Law "Law and State", Moscow, 2004, p. 296).
// Law and Politics.
2004. ¹ 7.
P. 138-139.
URL: https://en.nbpublish.com/library_read_article.php?id=49587
Abstract:
This review presents to the reader G.G. Faizullin’s monograph, which is devoted to a number of topical issues related to management of the agriculture at the time of the agricultural reform in Russia. In his monograph G.G. Faizullin studies a number of theoretical problems on managing the agriculture, summarizes the existing practice of the judicial, executive and legislative bodies in this sphere, pays much attention to the issue of managing the agriculture at the subjects of the Russian Federation. Author also formulates the concept of the food security including definition of food supply security, its principles, specific features of government body activities in this sphere. This monograph is of interest to scientists and practitioners, lecturers, undergraduate and postgraduate students, employees of state and municipal organs, working in the sphere of agriculture.
Biblion
Reference:
I.Z. Farkhutdinov
Responsibility is the basis of international law (I.I. Lukashuk.. The law of international responsibility. Walters Kluwer. Moscow. 2004. p. 404).
// Law and Politics.
2004. ¹ 7.
P. 140-147.
URL: https://en.nbpublish.com/library_read_article.php?id=49588
Biblion
Reference:
S.S. Kuznetsov
Economy and law (Fayzullin G.G. Legal issues of state management of agriculture in Russia. "Law and the State", Moscow-2004, p.296.).
// Law and Politics.
2004. ¹ 7.
P. 148-151.
URL: https://en.nbpublish.com/library_read_article.php?id=49589
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