Question at hand
Reference:
Starilov, Y.N.
Future of the Constitution of the Russian Federation: “application without changes”, “transformation”, or “unavoidable reconsideration”? (finished).
// Law and Politics.
2005. ¹ 2.
P. 4-8.
URL: https://en.nbpublish.com/library_read_article.php?id=49705
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:
Guschina, N.A.
Contents of securing mechanisms in the Russian law.
// Law and Politics.
2005. ¹ 2.
P. 9-16.
URL: https://en.nbpublish.com/library_read_article.php?id=49706
Abstract:
As the author of this article points out, in order to study social nature of law, as a mirror of modern Russian society, one has to examine law in close connection with social practice. Such an approach would allow to see the right correlation of securing measures within law, namely, of encouragement and coercion. N.A. Guschina’s article contains analysis of securing mechanisms within modern Russian law, correlation of “coercion” and “violence”, sociological and psychological aspects of coercion and encouragement.
Theory
Reference:
Gromov, N.A., Zhoga, E.Y., Novichkov, I.V.
Definition of the process of proving in evidence law.
// Law and Politics.
2005. ¹ 2.
P. 17-22.
URL: https://en.nbpublish.com/library_read_article.php?id=49707
Abstract:
The process of proving within criminal process unites practical activities of investigators, prosecutors and courts, and all of these activities are aimed at collection and analysis of evidence. This article is devoted to specific features of process of proving within the criminal judicial procedure in Russia. The authors also offer their definition of “process of proving
“ to amend the Criminal Procedure Code of the Russian Federation (Art. 85).
Theory
Reference:
Kuznechenkova, V.E.
Problems of theory of law-enforcement tax procedure.
// Law and Politics.
2005. ¹ 2.
P. 23-31.
URL: https://en.nbpublish.com/library_read_article.php?id=49708
Abstract:
As the author of this article states, modern tax law now includes comparatively new legal institutions, such as “tax process”, including “tax control” and “tax violation procedure”. Author also reviews the correlation between tax and administrative procedure, their similarities and differences, as well as controversies, which arise in practice.
State institutions and legal systems
Reference:
Chertkov, A.N.
On the issue of searching for an optimal level of detail and forms of legal regulation in the sphere of joint competence of the Russian Federation and its subjects.
// Law and Politics.
2005. ¹ 2.
P. 32-49.
URL: https://en.nbpublish.com/library_read_article.php?id=49709
Abstract:
Search for an optimal level of detail and forms of federal regulation within the scope of joint jurisdiction of the Russian Federation and its subjects is currently one of the key goals of balanced federal relations. As the author of this article notes, in order to solve this problem, much work should be done and almost all of the federal laws in the sphere of joint competence, as well as relevant conventions, should be amended in accordance with new legislative requirements. The article contains analysis of history of the issue, legislative basis and practice in various areas of law. The author also studies the problem of correlation of the terms “basis” and “basic principles” of legislation in the sphere of joint competence.
Transformation of legal and political systems
Reference:
Ignatov, A.V.
Specific legal features of repeated elections of the President of Ukraine: notes of an international observer.
// Law and Politics.
2005. ¹ 2.
P. 50-60.
URL: https://en.nbpublish.com/library_read_article.php?id=49710
Abstract:
Ukrainian Presidential elections of 2004 were recognised by the experts as a key political event of the year even before the start of the elections. After the six-month long election campaign and three rounds of elections, one can’t but recognise that Ukrainian Presidentials were a sensational event in the history of elections not only for Ukraine, but for many countries in the world. Legally speaking, decisions of higher government bodies after the repeated election of 21 November, 2004 and problems of implementation of these decisions seem most interesting ones for analysis. This article concerns legal peculiarities of the “third round” of the Ukrainian Presidential elections. Its author provides us with critical analysis of Ukrainian legislation on election (including temporary amendments) and of the Decision of the Supreme Court of Ukraine of 3 December, 2004, which scheduled repeated elections.
Transformation of legal and political systems
Reference:
Ayupova, Z.K.
Modern Kazakh legal system.
// Law and Politics.
2005. ¹ 2.
P. 61-68.
URL: https://en.nbpublish.com/library_read_article.php?id=49711
Abstract:
Right now a new legal system is being formed in Kazakhstan. As the author of this article notes, in more than 10 years of legal reforms, much was done for formation of a new legal system and much scientific study of the issue was done as well. The article includes detailed study of the problem of formation of a new legal system in Kazakhstan, existing practice, as well as analysis of positions of key scientists.
Authority and management
Reference:
Snezhko, O.A.
The President of the Russian Federation as a guarantor of rights and freedoms of citizens.
// Law and Politics.
2005. ¹ 2.
P. 69-77.
URL: https://en.nbpublish.com/library_read_article.php?id=49712
Abstract:
This article is devoted to the study of key characteristics of the legal institution of President of the Russian Federation as part of the system of protection of human rights by the state. In particular, the author analyses role of the Ukazs and Addresses of the President of the Russian Federation, work of the Human Rights Commission of the President of the Russian Federation as well as the practice of the Constitutional court of the Russian Federation on the issue of President’s powers.
Authority and management
Reference:
Maryan, A.V.
Civil state employee as a subject of administrative law.
// Law and Politics.
2005. ¹ 2.
P. 77-85.
URL: https://en.nbpublish.com/library_read_article.php?id=49713
Abstract:
As the author of this article notes, although state employees play an active part in administrative legal relations, the science administrative law provides little analysis of their status, rights and obligations. This article contains the study of status and role of state employee within administrative legal relations.
State security
Reference:
Kardashova, I.B.
Mechanism of ensuring national security of the Russian Federation: goals and means for its improvement.
// Law and Politics.
2005. ¹ 2.
P. 86-93.
URL: https://en.nbpublish.com/library_read_article.php?id=49714
Abstract:
The modern world with its new threats to the states and their citizens calls for more attention to the security measures. How reliable and detailed is the system of national security of the Russian Federation? This article contains analysis of relevant legislation and role of various state bodies in ensuring national security, touches upon the problem of control over activities of these bodies. The author then comes to a conclusion that while currently the mechanism of ensuring state security is well-formed in the Russian Federation, our state lacks necessary program regulation mechanisms, which would allow to use systemic approach to the problem. In the absence of detailed regulation of this side of the issue, presidential, federal, regional and international security programs lack single conceptual basis and are less effective.
Stabilization systems: fiscal control
Reference:
Agranovsky, A.V.
On the role of the bank account contract in organization of cashless settlements.
// Law and Politics.
2005. ¹ 2.
P. 94-99.
URL: https://en.nbpublish.com/library_read_article.php?id=49715
Abstract:
The bank account contract was never recognised as a hot topic for discussion within Russian legal science, however, there is no unified approach to this type of contract either. In this article A.V. Agranovsky studies positions of a number of recognised legal scholars, such as E.A. Sukhanov, M.I. Braginsky, L.G. Efimova on the issue of bank account contract. The author also gives his own characteristic of this contract.
Stabilization systems: fiscal control
Reference:
Leneva, I.G.
Key provisions of the Federal law “On insurance of accounts of physical persons at the banks of the Russian Federation”.
// Law and Politics.
2005. ¹ 2.
P. 100-103.
URL: https://en.nbpublish.com/library_read_article.php?id=49716
Abstract:
The author analyses the changes in Russian legislation on protection of bank accounts of physical persons, which took place due to the new Federal law “On insurance of accounts of physical persons at the banks of the Russian Federation” of December 23, 2003. The author also studies foreign practice in this sphere, evaluates the insurance sums in accordance with the Russian law and laws of foreign states, comes to a conclusion that the above-mentioned law is just a first step towards state guarantees in the sphere of bank accounts of the people.
Stabilization systems: fiscal control
Reference:
Strelnikov, V.V.
Financial and legal regulation of insurance and subject of financial law.
// Law and Politics.
2005. ¹ 2.
P. 103-112.
URL: https://en.nbpublish.com/library_read_article.php?id=49717
Abstract:
Insurance is probably one of the most questionable areas within the realm of financial legal regulation. On one hand, due to absence of state monopoly in this sphere, the “public” element of this type of relation considerably lessened. On the other hand, development of both insurance relations and legislation in this sphere call for more detailed regulation in the sphere of public financial influence on insurance. The author of this article considers that the very subject of financial law is currently undergoing a change and is gaining new qualities. Due to this fact the key category of Russian financial law shall be “legal regulation of public finance”, and accordingly, insurance shall find its place within the framework of new financial law.
Stabilization systems: fiscal control
Reference:
Yashenkov, K.A.
Subjects of the mortgage contract, their mutual rights and obligations.
// Law and Politics.
2005. ¹ 2.
P. 112-117.
URL: https://en.nbpublish.com/library_read_article.php?id=49718
Abstract:
New law on mortage has been in force in the Russian Federation for more than seven years by now, and one can say that the mortgage sphere is developing rapidly, which in turn allows for input of money into building industry and helps to solve “the housing problem” for many people. At the same time we gain positive judicial and notarial practice in this field. However, as the author points out, there is still much to be done in order to improve mortgage relations. The author studies legislation on mortgage, specific status of the subjects of the mortgage contract, their rights and obligations.
JUDICIAL POWER
Reference:
Taribo, E.V.
Judicial doctrines and the practice of the Constitutional Court of the Russian Federation.
// Law and Politics.
2005. ¹ 2.
P. 118-122.
URL: https://en.nbpublish.com/library_read_article.php?id=49719
Abstract:
Is the term “judicial doctrine”applicable to the Russian legal system? After having studied the practice of the common law countries, such as the USA, as well as practice of the Constitutional Court of the Russian Federation (more than 2500 decisions since 1995), taking into account similarity of positions of the Constitutional Court of the Russian Federation in similar cases, the author draws a conclusion that there is an objective basis for the introduction of judicial doctrines into the Russian law. Moreover, the author points out that several such doctrines of the Constitutional Court of Russian Federation (such as a doctrine of latent powers of the President of the Russian Federation and a doctrine of optional tax advantages) can be singled out already.
JUDICIAL POWER
Reference:
Kubantsev, S.P.
Lack of will as an element of diminished responsibility in the light of the decisions of the US Supreme Court.
// Law and Politics.
2005. ¹ 2.
P. 123-133.
URL: https://en.nbpublish.com/library_read_article.php?id=49720
Abstract:
Provisions prohibiting application of criminal responsibility to mentally ill people are recognised in all the legal systems of the world. Within the Anglo-American system this statement roots deeply in history, however, in the second half of the XX century the practice of the Supreme Court of the USA on this issue became more controversial. This article is devoted to the study of the practice of the Constitutional Court of the USA, criteria and standards of person’s competence, and of acceptable punishments. For example, in Ford v. Wainwright, 477 U.S. 399 (1986) the Supreme Court of the USA recognised that capital punishment should not be set for a mentally ill…
Practical law manual
Reference:
Turanin, V.Y.
Transteminologization as a new problem of modern legal language.
// Law and Politics.
2005. ¹ 2.
P. 134-140.
URL: https://en.nbpublish.com/library_read_article.php?id=49721
Abstract:
Since law is meant to regulate all of the existing social relations, legal language often gains terms from other spheres of knowledge. Currently many terms enter legal language from other professional spheres, or travel from one field of law to another, and their meaning might be altered in this pricess. For example, the term “sanitation” is used in Russian civil law (meaning “reajustment”, for example, in relation to bancruptcy procedure) while its original meaning in medical terminology is “prophylactic measures aimed to make the mouth healthy”. This article is devoted to analysis of transterminologization process in legal language.
Practical law manual
Reference:
Chukhvichev, D.V.
Logic, style and language of laws.
// Law and Politics.
2005. ¹ 2.
P. 140-151.
URL: https://en.nbpublish.com/library_read_article.php?id=49722
Abstract:
The problem of legislative technique is one of the key issues of modern legal studies, since effective application of any law depends on its form as well as on its contents, that is what matters is not that what law prescribes, but also how it is prescribed within the law. As the author of this article notes, formation of a legislative system as well as of any particular law calls for application of clearly defined means, which are required to express legal norms in legislation. These means include clearly set legal system, scientifically based style, and legal language, which may differ greatly from commonly used language. In this article D.V. Chukhvichev presents his views on key principles and rules for legislative texts.
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