Question at hand
Reference:
Starilov, Y.N.
Future of RF Constitution: «no change realization», «transformation» or «inevitable review»?(part 1).
// Law and Politics.
2005. ¹ 1.
P. 4-24.
URL: https://en.nbpublish.com/library_read_article.php?id=49695
Abstract:
The Constitution of the Russian Federation of 1993 was adopted more than 10 years ago and lately there is more and more discussion related to reviewing its provisions and amending the Constitution. In Y.N. Starilov’s article one can find analysis of the role of the Constitution and of the values, that it holds for the modern Russia. The author also reviews positions of leading Russian theoreticians and practitioners in this field.
Theory
Reference:
Tsarkov, I.I.
Absolute legal doctrin and theory of social contract: unity of two concepts.
// Law and Politics.
2005. ¹ 1.
P. 25-35.
URL: https://en.nbpublish.com/library_read_article.php?id=49696
Abstract:
Differentiation between the natural legal doctrine and the theory of public contract has always been a part of Russian scientific tradition. The basis for differentiation has always been seen in the very subjects of these theories. It was considered that while the natural legal doctrine is centered upon inalienable birthrights of any individual, the theory of public contract deals with conditions and process of formation of state. However, the author of this article considers that these two concepts are closely interrelated and their relation forms the very basis for a single concept. In this article I.I. Tsarkov provides reasoning for his position, reviews a number of misunderstandings and illusions related to both the natural legal doctrine and the theory of public contract.
Theory
Reference:
Tchinnova, Ì.V.
Procedure for legal definition stating.
// Law and Politics.
2005. ¹ 1.
P. 36-43.
URL: https://en.nbpublish.com/library_read_article.php?id=49697
Abstract:
“A domestic animal is a partner of a human being in the sphere of mutual leisure and pleasures”. This definition of a domestic animal was provided in a draft of a federal law on protection of animals and it calls for no further comments as a quotation. In M.V. Chinnova’s article one can find review of linguistic and logical requirements to any definition, which may as well be applied to legal definitions. Author classifies and studies philological, factual and logical requirements to a legal definition.
Transformation of legal and political systems
Reference:
Tchirkin, V.I.
New procedure of elections to the State Duma of Russia (inofficial legislative initiative).
// Law and Politics.
2005. ¹ 1.
P. 44-47.
URL: https://en.nbpublish.com/library_read_article.php?id=49698
Abstract:
Federal elections, which were held in Russia in 2003-2004 and their results called for discussion of a possible reform in the Russian election system. In this article Professor V.E. Chirkin states his proposals on how to reform this system. He considers that there is need to change the election system that Russia had taken from the German model and that Russia should come to the preferential election system. This article also contains the study of the main features and principles of the preferential election system.
Transformation of legal and political systems
Reference:
Tchertkov, A.N.
Harmonization of federal and regional legislation in the sphere of joint competence: accumulated experience, mechanisms, criteria, prevention from demolition of unity of Russian law.
// Law and Politics.
2005. ¹ 1.
P. 48-60.
URL: https://en.nbpublish.com/library_read_article.php?id=49699
Abstract:
As the author of this article notes, the problem related to clashes between the federal legislation and legislation of the subjects of the Russian Federation has been a key issue ever since 1990s and have been calling for an optimal solution to be applied to it. This article is devoted to reviewing effective mechanisms of harmonization of the legislation of the subjects of the Russian Federation in the sphere of joint jurisdiction. In particular, the author reviews the role that the prosecutors’ offices, judicial bodies and representatives of the President of the Russian Federation in the federal districts play in harmonization of legislation of the subjects of the Russian Federation.
State institutions and legal systems
Reference:
Tarasov, N.N.
2004 major legislative initiatives of the RF State Duma (brief review).
// Law and Politics.
2005. ¹ 1.
P. 61-71.
URL: https://en.nbpublish.com/library_read_article.php?id=49700
Abstract:
In 2004 most of the legislative drafts were initiated by the President and the Government of the Russian Federation, and not by the State Duma or legislative bodies of the subjects of the Russian Federation. However, development of these drafts often includes active participation of the deputies of the federal legislative body. This review is devoted to analysis of the key legislative and executive acts, which were passed in 2004.
Transnational interests
Reference:
Erpyleva, I.Y.
International commercial law: current trends of development (Continued from «Law and Politics» ¹11, 2004).
// Law and Politics.
2005. ¹ 1.
P. 72-93.
URL: https://en.nbpublish.com/library_read_article.php?id=49701
Abstract:
In this article N.Y. Erpyleva reviews the sources of the international commercial law, nature and forms of international commercial contracts, their key provisions, responsibility of the parties for breach of contract in accordance with the Vienna Convention of 1980 (CISG), types of contracts in accordance with the INCOTERMS 2000. The article also contains analysis of court practice and arbitration practice in the sphere of the international commercial law.
International relations: interaction systems
Reference:
Alfred Kellermann
Consequences of European Union expansion for the Russian Federation.
// Law and Politics.
2005. ¹ 1.
P. 94-120.
URL: https://en.nbpublish.com/library_read_article.php?id=49702
Abstract:
What was and what shall be theoretical and practical influence of widening of the EU on the Russian Federation, its people, and its legislative, executive and judicial bodies? In Professor A. Kellermann’s article he reviews key legal acts and documents, which played their role in widening the EU in the recent years. He also studies influence of widening of the EC on development of the Russian-EC relations, and the future perspectives.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Dubovik, O.L., Stepanenko, V.S.
Trends and prospects for development of EU ecological law.
// Law and Politics.
2005. ¹ 1.
P. 121-131.
URL: https://en.nbpublish.com/library_read_article.php?id=49703
Abstract:
The problems of formation and development of ecological law at all levels - international, national, inter-state and regional - cause interest of legal scholars and practitioners of all states. This article includes review of the book “European Convention and Future of European Environmental Law”, published in 2003 by Europa Law Publishing.
Public communications
Reference:
Zaitseva, A.A.
Legal norms of informational branch of law.
// Law and Politics.
2005. ¹ 1.
P. 132-140.
URL: https://en.nbpublish.com/library_read_article.php?id=49704
Abstract:
In this article A.A. Zaytseva analyzes the information law, pays special attention to factual and legal grounds of formation of the information law, its structural elements and system. This article also includes critical analysis of evaluation of the information law as a branch of law, which was given by I.L. Bachilo.
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