Question at hand
Reference:
Dobrynin N.M.
Constitutional-legal aspects of the budgetary security of realization of social guarantees for the citizens of the Russian Federation and the problem of monetization of benefits.
// Law and Politics.
2005. ¹ 11.
P. 4-8.
URL: https://en.nbpublish.com/library_read_article.php?id=49857
Abstract:
By now it has became obvious that the Russian reform policy, with which much hope was endowed, did not meet our expectations. It was planned to free the state from the “overload” of functions related to management of economical activities of various enterprises, so that the state could, in particular, ensure the due level of social guarantees for the people. In fact, the social sphere is now in the state of crisis. Monetization of benefits and realizations of infamous Federal Law N. 122 on monetization of benefits caused much uproar throughout Russia. What should then be done for the social guarantees to be duly secured? N.M. Dobrynin offers his answers to this questions and reviews a number of related issues in this article.
Theory
Reference:
Lipinsky, D.A.
Positive legal responsibility: pro et contra (part 1).
// Law and Politics.
2005. ¹ 11.
P. 9-18.
URL: https://en.nbpublish.com/library_read_article.php?id=49856
Abstract:
Discussion on the issues of positive legal responsibility has been going on for several decades by now. Really, it is necessary to study positive legal responsibility, and who but the legal scholars are best suited for the task? At the same time there is quite much terminological confusion, while there is no generally accepted definition of positive legal responsibility. E.g., positive legal responsibility is referred to as active responsibility, perspective responsibility, positive-moderate responsibility, promotional responsibility, some authors identify it with sence of duty or legal responsibility. In D.A. Lipinsky’s article one can find complex analysis of this problem. The author also reviews contradictions in modern theory of law, criticizes positions of a number of Russian legal scholars, such as M.I. Baytin, N.P. Koldaeva.
Authority and management
Reference:
Baykov, A.F.
Priorities and criteria of effectiveness of the legal ideology in the conditions of the modern Russian state.
// Law and Politics.
2005. ¹ 11.
P. 19-33.
URL: https://en.nbpublish.com/library_read_article.php?id=49875
Abstract:
In this article A.F. Baykov discusses topical issues related to theory and practice of Russian legal ideology. Author reviews such issues, as possibility of creation of a new legal ideology, basic values, which can form the foundation of the Russian legal ideology, ways of development of legal ideology and criteria for its evaluation.
State institutions and legal systems
Reference:
Kharitonova, N.N.
Perspectives of evolution of the constitutional control: foreign practice and Russian practice.
// Law and Politics.
2005. ¹ 11.
P. 34-44.
URL: https://en.nbpublish.com/library_read_article.php?id=49876
Abstract:
N.N. Kharitonova studies the key tendencies of development of modern constitutional control, such as widening of its territorial scope, viewing the issues of constitutional control on the international scale, greater interaction of the states in this sphere. This article contains evaluation of foreign and Russian practice of constitutional control by specialized courts. The author also analyzes NIS state practice in the sphere of constitutional control.
Transformation of legal and political systems
Reference:
Ayupova, Z.K.
Legal systems of the Republic Kazakhstan, Republic Uzbekistan, and Republic Kyrgyzstan: comparative legal analysis.
// Law and Politics.
2005. ¹ 11.
P. 45-50.
URL: https://en.nbpublish.com/library_read_article.php?id=49877
Abstract:
As the author of this article notes, formation of the basis for the new national legal systems of independent states of the Central Asia - the Republic Kazakhstan, the Republic Uzbekistan, the Republic Kyrgyzstan - can take place only as a result of great changes in social development of these states, when the states truly achieve their independence. Cultural factor, political and social-economic conditions, as well as mentality, play a great role in formation of legal systems of these states. Z.K. Karimova’s article contains analysis of specific features of these legal systems, as well as of theory of legal systems in referral to this region.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Gerd Winter
Subsidiarity and norm-creation within the framework of the European multi-level government system.
// Law and Politics.
2005. ¹ 11.
P. 51-74.
URL: https://en.nbpublish.com/library_read_article.php?id=49878
Abstract:
Variety of forms of government within the multi-tier European structure shows how a state becomes “fractured”, while part of its functions is passed to the European community as a whole, to some specific EU states, whose actions cause consequences for the EU as a whole, and also to some public bodies and NGOs. It also means new forms of management within the multi-level procedure, in particular, with reference to the issue of competence. This article touches upon the constitutional-legal aspects of distribution of responsibility and norm-creating powers in the sphere of government, and also includes a review of existing forms of government.
International relations: interaction systems
Reference:
Rachkov, I.V.
Decision of the International Court of Justice: immunity and general jurisdiction.
// Law and Politics.
2005. ¹ 11.
P. 75-82.
URL: https://en.nbpublish.com/library_read_article.php?id=49879
Abstract:
On February 14, 2002 the International Court of Justice put the stop to the argument on criminal prosecution by the state of those, who hold international immunity. This article by I.V. Rachkov contains detailed analysis of the Congo v. Belgium case, where the International Court of Justice reviewed in detail the issues of diplomatic immunity and of universal jurisdiction.
Law and order
Reference:
Astafiev, Y.V.
Improvement of forms and methods of operative investigative activities within a jural state.
// Law and Politics.
2005. ¹ 11.
P. 83-92.
URL: https://en.nbpublish.com/library_read_article.php?id=49880
Abstract:
The attitudes in the Russian society towards the bodies, which conduct investigative activities, come to two opposite extremes. Some offer to allow such bodies to cross the legal limitations for the sake of fighting terrorism or organized crime, while some call for very guarded attitude to such bodies themselves. Considering that state policy in this sphere is not very well-developed, people have a feeling that operative investigative activities have somewhat “semi-legal” character. Even for the lawyers, existence of a law with just 23 articles, governing a whole sphere of legal relations, is quite a legislative nonsence. As the author of this article notes, there is great need to apply legislative activity to this sphere in order to set the spot for the operative investigative activity within the system of state protection of rights and interests and to arrange due correlation of operative investigative activity with criminal law and criminal procedural law as required for a jural state.
JUDICIAL POWER
Reference:
Bessarabov, V.G., Kosarev, M.A.
Definition of the legal status of an advocate.
// Law and Politics.
2005. ¹ 11.
P. 93-102.
URL: https://en.nbpublish.com/library_read_article.php?id=49881
Abstract:
Profession of an advocate brings together private interest of a particular person, who is represented by an advocate, and public interest of a state, aimed to protect law and order, rights and freedoms of people. In fact, advocates, as representatives of civil society, are able to ensure adequate protection of rights and freedoms of physical and juridical persons by the state. Accordingly, status of this legal profession, as well as status of an advocate, should be characterized within the framework of civil society institutions. This article contains analysis of a number of constitutional legal issues in Russian legal theory and practice, as well as evaluation of advocate’s status. Authors give a definition of advocate’s status and study its key elements.
Human and state
Reference:
Podolny, M.A.
Youth organized crime: characteristic features.
// Law and Politics.
2005. ¹ 11.
P. 103-123.
URL: https://en.nbpublish.com/library_read_article.php?id=49882
Abstract:
As the author of this article notes, within the organized crime, one may single out a number of groups, which seem to be ready to commit any type of crime, without any particular specialization, and turn out to be youth organized crime groups. E.g., most of robberies are commited by people 21 to 30 years old. This article contains analysis of specific features, which single out youth organized crime among other types of organized crimes. In particular, author defines “youth” for the purpose of this study, studies psychological mechanisms behind formation of such groups and specific features of crimes, committed by such groups.
Conflict: tools of stabilization
Reference:
Poshivailova, A.V.
Definition and specific features of an election dispute.
// Law and Politics.
2005. ¹ 11.
P. 124-133.
URL: https://en.nbpublish.com/library_read_article.php?id=49883
Abstract:
Disputes, related to elections and referendum in Russia, touch upon issues of paramount importance, since they deal with constitutional political rights of the people. It is no surprise then, that court cases related to elections and referendums gather much press and cause much discussion within the Russian society. Specific features of this type of disputes should certainly be reflected in theory, as well as in practice. A.V. Poshivailova studies specific features of election disputes, analyzes theoretical views of a number of legal scholars related to definition and specific features of election disputes.
Practical law manual
Reference:
Sarkisov, A.K.
Judicial procedural conflict: procedural issues and significant consequences.
// Law and Politics.
2005. ¹ 11.
P. 134-143.
URL: https://en.nbpublish.com/library_read_article.php?id=49884
Abstract:
In accordance with part 2 of Art. 176 of the Arbitrazh Procedural Code of the Russian Federation, it is possible for a judge to announce only the holding part of the decision after deliberation, and then to set a date, by which the complete reasoned decision shall be ready and available for the parties. Complete reasoned decision should be ready in no more than 5 days since the holding is announced, and the date, when the complete reasoned decision is ready, is considered to be the date, when the decision was held. It seems to be merely a technical issue, however, it has quite a potential for a number of serious legal problems and conflicts. This article by A.K. Sarkisov is devoted to the problem of distortion of procedural dates and periods, and the author also reviews the issue of criminal, civil and labor responsibility of judges for related violations.
Biblion
Reference:
Saidov, A.H.
Can there be a state without the capital punishment?
// Law and Politics.
2005. ¹ 11.
P. 144-149.
URL: https://en.nbpublish.com/library_read_article.php?id=49885
Abstract:
Capital punishment is not a purely religious issue. Capital punishment is not purely a social problem. Capital punishment is not only the issue discussed by political leaders. Capital punishment is the issue on which each and every of us should have a view of one’s own. The book “Abolition of capital punishment”, which is reviewed in this article, offers to every interested and not indifferent person a possibility to elaborate whether can there be a society, which does not accept capital punishment, and if yes, why. What is meant by “abolition of capital punishment”, “society without capital punishment”?
Academic life
Reference:
I.Z. Farkhutdinov
On the 60th anniversary of the All-Russian Scientific Research Institute of the Ministry of Internal Affairs of the Russian Federation.
// Law and Politics.
2005. ¹ 11.
P. 150-151.
URL: https://en.nbpublish.com/library_read_article.php?id=49886
Abstract:
Congratulations! On 19th of December 2005 it’s 60th anniversary of the All-Russian Scientific Research Institute of the Ministry of Internal Affairs of the Russian Federation. This Institute is a head scientific research organization, which holds and coordinates scientific studies in the spheres of operative investigation, criminal law, criminal procedure, administrative process, criminology, mobilization and other spheres of activities of the internal affairs bodies…
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