Biblion
Reference:
L.M. Volosnikova
Review.On territorial structure of the Russian state. N.M. Dobrynin, "Federalism: historical and methodological aspects". Novosibirsk, "Nauka", 2005..368 p
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49858
Abstract:
In spite of the fact that the debate on federalism has been going on for a while among our legal scholars, this issue was not yet evaluated as a key political issue of the modern Russia. The principal new feature of N.M. Dobrynin’s monograph, review on which is presented in this article, is that he sees the issue of territorial structure of the Russian Federation as a key and primary issue of the Russian statehood in the past, the present and the future…
Practical law manual
Reference:
M.A. Kosarev
Key principles of advocacy.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49859
Abstract:
This article by an advocate M.A. Kosarev contains detailed analysis of the key principles and elements of advocates’ activities in the modern Russian legislation. The author also touches upon the problems of effectiveness of the guarantees of advocates’ activities in legislation and in practice, in particular, he reviews the problem of interference with advocates’ activities, provides his ideas on the ways to improve existing legislation…
History of state and law
Reference:
V.G. Baev
Historical school of law: theory and political practice in Germany (1815-1848).
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49860
Abstract:
This article by Professor V.G. Bayev provides us with a detailed evaluation of the historical school of law, which had been traditionally criticized as a reactionary one. However, as the author notes, its study is of considerable interest within the contest of particular time and place, as the principle of historicism requires us, since there is no such thing as an universal theory and each theory strives to deal with the challenges of its own time. The article contains analysis of the views of the key representatives of this school, as well as of the historical conditions of its development and of its input into the development of legal theory.
Human and state
Reference:
O.A. Snezhko
Protection of citizens' rights - the key responsibility of the Russian state.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49861
Abstract:
The Constitution of the Russian Federation of 1993 had reflected the changes in all spheres of the Russian society and for the first time in the entire history of the Russian state proclaimed the priority of the individual rights and interests over the other values of state and society. Accordingly, the Constitution of the Russian Federation provides for a number of the constitutional obligations of a state, and effective realization of these obligations is a must not only for the effective functioning of the state, but also for the well-being and security of the Russian citizens. In N.N. Snezhko’s article one may find the characteristics of constitutional obligations of the modern Russian state, as well as the analysis of the problem of their adequate implementation…
Discussion forum
Reference:
V.A. Il'ichev
Imperfections of criminal legislation make fighting crime less effective.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49862
Abstract:
Criminal legal policy of any state should strive to strike a right type of balance between an effective control of a state and ensuring the rights and freedoms of any individual. Do the changes, which are brought into the Criminal Code of the Russian Federation, help to achieve such balance, or rather the contrary? In Professor Ilyichev’s article one may find critical analysis of the measures taken to “soften” Russian criminal law, namely, amendments to the Criminal Code of the Russian Federation.
Law and order
Reference:
V.O. Belonosov, N.A. Gromov
On correlation of goals and purpose of criminal judicial procedure.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49863
Abstract:
New Criminal Procedural Code of the Russian Federation brought a changed perspective to the provisions on the purpose of the criminal judicial procedure, and a different level of goals of this procedure. However, the formulation of a new purpose of the criminal judicial procedure causes much heated discussion among both practicing lawyers and legal scholars. As the authors of this article note, in fact, the new Code altogether lacks mention of goals of criminal judicial procedure as such, which is probably one of the key defects of the Code, which may cause various negative consequences. The defect itself is in incorrect use of terminology, confusion of goals and functions of the criminal judicial procedure…
International relations: interaction systems
Reference:
N.S. Seregin
On the 60th Anniversary of the United Nations Organization.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49864
Abstract:
On the year of the 60th anniversary of the UN, one should surely note its considerable impact on strengthening the world order, and one should agree that preservation and development of the UN is a key goal in the international sphere. Since the UN is a multi-level, multinational, open and universal system, it is truly a prototype of the mechanism of unity of all states, all organizations and social structures, which would allow to realize the principle of unity in variety in the XXI century. The UN provides us with an opportunity to discuss any complicated issues, facilitates an effective dialogue of representatives of different nations, religions, languages, cultures and political views…
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
A. Nusberger
Development of the precedent law of the European court of human rights based on the decisions, where Russia is a party.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49865
Abstract:
As the Director of the Institute of the Eastern-European Law of the Cologne University Angelica Nussberger notes, implementation of the European Convention on human rights in the Member States poses a challenge for any national legal system. Importantly, this challenge should not be seen as a goal to be achieved at some point, but rather, as a constant process of influence on traditional understanding and application of national law. This is especially so for the states, which ratified the Convention recently, so first 50 cases, of which Russia is a party, hold a special value for development of all spheres of Russian law.
Transformation of legal and political systems
Reference:
K.N. Lapteva
International courts and tribunals in the modern world: role, tendencies of development, topical problems.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49866
Abstract:
The modern world witnesses a true outburst of activities of international courts and tribunals. There is an enormous growth of the number of international judicial bodies, and a number of cases, which are handled by them is also constantly growing. One should also mark higher intensity of judicial process. What meaning does this tendency hold for the international law and international community as a whole? What are the perspective and potential problems related to the work of international courts and tribunals?
Transformation of legal and political systems
Reference:
Yu.V. Matyukhina
Development of the Russian federal state based on a constitutional model.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49867
Abstract:
Current results and tendencies of development of the Russian Federation as a federal state clearly show that our state slowly but surely strives to achieve basic values of federalism. That is why, as the author of this article notes, it is so important to deal with the existing lack of balance in the sphere of separation of powers, to create additional legal and institutional guarantees of effective and democratic federalism, which then would adequately respond to any modern challenges. What should be done? The answer to the question if this development shall be successful really depends on the correct choice of the current state and legal policy of the Russian Federation…
State institutions and legal systems
Reference:
A.N. Chertkov
Practice of the Constitutional Court of the Russian Federation related to solving the legal problems of federal relations.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49868
Abstract:
When viewing the problems of the federal relations, one should certainly take into account the positive influence of the Constitutional Court of the Russian Federation on the Russian federalism, its role in harmonization of the relations between the center and the regions, as well as in solution of specific related problems. For example, the Constitutional Court of the Russian Federation had dealt with the problems of interference of the government bodies of the subjects of the Russian Federation to the sphere of federal competence, and even to the sphere of basis of the constitutional structure of the Russian Federation…
State institutions and legal systems
Reference:
N.N. Kharitonova
Models of constitutional judicial control and the experience of the Russian Federation.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49869
Abstract:
The value of formation, improvement and of effective functioning of the judicial constitutional control in the Russian Federation can hardly be underestimated. It is important, however, that related problems can be solved more easily, if we take into account the foreign experience of constitutional control. In N.N. Kharitonova’s article one may find analysis of key models of judicial constitutional control - usually referred to as an American model and a European model, or, in their functional aspect, diffusion and concentration models. The author also provides us with an evaluation of the Russian model of judicial constitutional control.
Authority and management
Reference:
V.Yu. Varlamov
On some issues related to realization of constitutional powers of the Government of the Russian Federation in the sphere of foreign policy and international relations.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49870
Abstract:
This article contains analysis of the practice, which shows that generally decisions of the Government of the Russian Federation related to signature of international conventions, or to holding various related negotiations are taken within the realm of constitutional powers of the Government. However, some particular decisions give us serious grounds for finding their legality doubtful…
Theory
Reference:
D.V. Chukhvichev
Specific features of legislative technique in case of codification.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49871
Abstract:
To keep the system of legal regulation steady it is necessary to constantly bring order into vast masses of laws and other normative legal acts to avoid repetition, collisions, to terminate invalid provisions, and to achieve unification of legal standards. And codification has always been one of the most efficient means to achieve these goals. D.V. Chukhvichev’s article contains analysis of key types and principles of codification, as well as study of the Russian legal practice on the issue.
Authority and management
Reference:
A.A. Chechulina
Nature of state power.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49872
Abstract:
As A.A. Chechulina notes, there is an urgent need to study and classify various theories of state power, so that they can be used as a basis for a new approach to this term. This article contains critical analysis of seven leading concepts of state power, which need to be studied, if one is to aim to find a unified integration approach to the understanding of the nature of state power.
Theory
Reference:
S.G. Ol'kov
Modeling the correlation of the state and legal demands and of the bio-social types.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49873
Abstract:
Correlation of bio-social types and of social norms, or in other words, of social powers and demands, can truly be seen as the key issue to great many conflicts, strives and even revolutions, which makes the study of this topic so controversial. S.G. Olkov’s article contains physical-mathematical, bio-social, economical-sociological and legal framework, within which equality within various social types may vary as well…
Question at hand
Reference:
M.A. Lapina
Administrative reform: analysis of the first results and of problems, which the subjects of the executive power are faced with.
// Law and Politics.
2005. ¹ 10.
URL: https://en.nbpublish.com/library_read_article.php?id=49874
Abstract:
Current administrative reform in the Russian Federation involves virtually all subjects of the executive power, all spheres of state and social life, activities of various organizations. The main goal of this reform is announced as “improvement of the quality of life of the Russian citizens”. What measures are being taken and how effective are they? M.A. Lapina’s article contains analysis of key directions of the reform, steps of its implementation, as well as evaluation of the current state of affairs.
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