Theory
Reference:
Ignatov, A.V.
Federal intervention: definition, principles and system of measures.
// Law and Politics.
2005. ¹ 5.
P. 4-13.
URL: https://en.nbpublish.com/library_read_article.php?id=49762
Abstract:
A.V. Ignatov’s article is devoted to the nature of federal invention as an element of a balanced system of organization of a federal state, specifically, in the Russian Federation. Author studies key problems related to the issue, positions of legal scholars, compares institutions of federal intervention and of state of emergency, of constitutional responsibility of the subjects of the Russian Federation. This article also contains the definition of federal intervention, its key principles, list of measures of federal intervention applicable in Russia.
Theory
Reference:
Revina, S.N.
Problems of legal regulation of ownership relations and privatization.
// Law and Politics.
2005. ¹ 5.
P. 13-20.
URL: https://en.nbpublish.com/library_read_article.php?id=49763
Abstract:
Property as an economical category cannot be viewed in separation from its legal dimention. The key problems, which arise in respect to property as a legal category include those related to nature, definition, contents of rights to property, objects and subjects of this right, forms of property, limitations of ownership and protection of private property. S.N. Revina’s article contains analysis of problems related to limitations and guarantees of the right to property in Russia, history and theory of the issue, as well as of modern privatization problems (for example, in YUKOS case).
Theory
Reference:
Vedyakhin, V.M.
Defense measures as a legal category.
// Law and Politics.
2005. ¹ 5.
P. 21-34.
URL: https://en.nbpublish.com/library_read_article.php?id=49764
Abstract:
As Professor Vedyakhin notes, currently the definition of “defence measures” is not sufficiently developed either in literature, or in legislation. Do the terms “defence measures” and “legal responsibility” mean the same thing? What are the possible criteria for their separation? Is there difference between “protection of rights” and “guarding the rights”? This article contains author’s position on the issues, as well as critical analysis of the views of other Russian authors, and of modern Russian legislation.
Transformation of legal and political systems
Reference:
Bessarabov, V.G., Vinokurova, E.A., Zhidkhih A.A.
Participation of regional prosecutor’s offices and federal General Prosecutor’s offices activities of legislative authorities of RF constituent entities.
// Law and Politics.
2005. ¹ 5.
P. 35-42.
URL: https://en.nbpublish.com/library_read_article.php?id=49765
Abstract:
As the prosecutors’ practice shows, the legislative bodies of the subjects of the Russian Federation often violate federal legislation by exceeding the powers that are given to them, thereby interfering with the federal sphere of authority. This article contains analysis of the work that the prosecutor bodies are doing to eliminate contradictions between the legislative acts of the legislative bodies of the subjects of the Russian Federation and the federal laws. The authors also give their opinions on the ways to make prosecutor activities in this sphere more efficient.
Transformation of legal and political systems
Reference:
Elistratova, V.V.
On uniting of contemporary Germany.
// Law and Politics.
2005. ¹ 5.
P. 42-48.
URL: https://en.nbpublish.com/library_read_article.php?id=49766
Abstract:
Uniting of Germany was a final stage of solution of the “German issue” which remained open for a long time after the end of the 2nd World War. This historical fact obviously is the center of attention of scientists and legal scholars. The experience of Germany clearly shows how long and complicated the integration processes may be. The tendencies of unity, which are typical for our time, call for detailed study of German experience, and specifically, of its legal basis.
Transformation of legal and political systems
Reference:
Ezhevsky, D.O.
Changes in role and functions of local authorities in Great Britain in the course of municipal reforms, late XX — early XXI centuries.
// Law and Politics.
2005. ¹ 5.
P. 48-68.
URL: https://en.nbpublish.com/library_read_article.php?id=49767
Abstract:
In D.O. Ezhevsky’s article one can find analysis of changes in the sphere of local government and self-government in Great Britain, which in fact became the first reform of such great scale in world practice of state and municipal government. Municipal reform in Great Britan included vast decentralization of government on various levels, which included a number of changes in local government, which limited its role. A number of states, including the Russian Federation, seem to follow in the Great Britain’s path, and for that reason this article is so topical for the Russian reader.
State institutions and legal systems
Reference:
Kornev, N.V.
Theories of origin of state in terms of Russian scientists-lawyers of pre-revolutionary Russia.
// Law and Politics.
2005. ¹ 5.
P. 69-77.
URL: https://en.nbpublish.com/library_read_article.php?id=49768
Abstract:
Russian legal science is currently searching for a new concept of state and law. One of characteristic features of modern Russian legal science is its interest to the works of legal scholars, which were created before the Revolution of 1917. This article contains analysis of the views of distinguished Russian legal scholars of late XIX – early XX centuries, such as N.I. Lazarevsky, N.M. Korkunov, B.A. Kistyakovsky, F.F. Kokoshkin, correlation of their ideas and concepts to those of western legal scholars.
Transnational interests
Reference:
Zvonareva, O.S.
Globalization and interaction between civilizations: political and legal aspects.
// Law and Politics.
2005. ¹ 5.
P. 78-85.
URL: https://en.nbpublish.com/library_read_article.php?id=49769
Abstract:
Globalization processes influence individuals and peoples, states and civilizations, and it is no surprise that globalization becomes one of the most topical issues in many social sciences. The author of this article expresses her own position on how globalization shows itself in political and legal spheres, explains how the new phenomena of global (world) power come into being, how they are influenced by cultural and civilization factors, and most of all by role of the Western civilization, reviews the role of the Western concept of the human rights and of “global law”.
International relations: interaction systems
Reference:
Mestnikov, V.A.
Methods of enhancement of operating efficiency of Organization of Security and Cooperation in Europe.
// Law and Politics.
2005. ¹ 5.
P. 86-95.
URL: https://en.nbpublish.com/library_read_article.php?id=49770
Abstract:
As the author of this article notes, it would be incorrect to say that the OSCE lacks mechanisms necessary to realize its goals, however, the criticism of application of these mechanisms has certain basis to it. This article includes critical analysis of organization and activities of the OSCE, ways to make its activities more effective.
Discussion forum
Reference:
Krasinsky, V.V.
Quality of Russian laws.
// Law and Politics.
2005. ¹ 5.
P. 96-104.
URL: https://en.nbpublish.com/library_read_article.php?id=49771
Abstract:
This article includes some criteria of socially-oriented evaluation of Russian legislation. The author provides classification of Russian laws into democratic and undemocratic ones, good quality and bad quality laws, fair and unfair laws, real and fictitious laws. The author also provides critical evaluation of a number of legislative acts, gives ideas for improvement of the current situation.
JUDICIAL POWER
Reference:
Podolny, N.A.
Who shall act as defense lawyer in criminal proceedings?
// Law and Politics.
2005. ¹ 5.
P. 105-109.
URL: https://en.nbpublish.com/library_read_article.php?id=49772
Abstract:
Choice of lawyer for defence has always been the most complicated problem that the suspect, the accused, the defendant faces in each criminal case. Of course, one would like to have the most highly qualified professional to defend him. How can that be achieved? What are the criteria, which form the basis for the right choice. This article contains analysis of this problem.
Public communications
Reference:
Koshemarina, S.V.
Information support to elections: problems and perspectives of legal regulation.
// Law and Politics.
2005. ¹ 5.
P. 110-118.
URL: https://en.nbpublish.com/library_read_article.php?id=49773
Abstract:
The problem of separating “informing the electors” and “election campaign” had been the subject of the most heated discussion throughout the elections of the State Duma (4th convocation, 2003) and the Presidential elections of 2004. This article contains analysis of the above-mentioned issue within the framework of the federal election campaign of 2003-2004.
Stabilization systems: fiscal control
Reference:
Leneva, I.G.
Protection of investors rights: problems in the Russian Federation.
// Law and Politics.
2005. ¹ 5.
P. 119-125.
URL: https://en.nbpublish.com/library_read_article.php?id=49774
Abstract:
In Russia 40 million people lost their savings in the bank system and various financial “pyramids” between 1991 and 1998. This article continues I.G. Leneva’s study of the problem of protection of investor’s rights, contains more detailed analysis of the guarantees provided to an investor in Russia, of the laws on banking and investments, as well as of the problem of subsidiary responsibility of the state or the Central Bank of the Russian Federation to an investor (a physical person).
History of state and law
Reference:
Salogub, Y.L.
Tsarism administrative policy and reorganization of system of Okhoto-Kamchatsky Krai administration (mid ÕIÕ — early ÕÕ centuries).
// Law and Politics.
2005. ¹ 5.
P. 126-135.
URL: https://en.nbpublish.com/library_read_article.php?id=49775
Abstract:
The study of processes of reorganization of the system of regional and local government, which have been taking place in Russia for more than 10 years by now clearly has to include historical aspects of it for both practical and theoretical reasons. That is why the example of the reform in Siberia and the Far East of Russia in late XIX – early XX centuries, which was aimed to create the most positive situation for economical and political development of a far-situated region and to solve the “land problem” by arranging for the people to move to this region, becomes so topical.
Practical law manual
Reference:
Bykov, V.M., Tkacheva, N.V.
Coersion in case of investigative activity.
// Law and Politics.
2005. ¹ 5.
P. 136-145.
URL: https://en.nbpublish.com/library_read_article.php?id=49776
Abstract:
This article is devoted to topical issues related to coercion within investigative activity. As the authors note, when the new Criminal Procedural Code was adopted in 2001, new issues arose in this sphere, once new investigative acts were introduced by the Code, and a number of provisions on pre-existing investigative acts were changed. In this article investigative acts are classified into three groups, and analysis of each investigative act, such as recording of phone conversations, interrogation, judicial expertise, is presented. It is the opinion of V.M. Bykov and N.V. Tkacheva, that since Russia strives to become a jural state, degree of coercive activities within investigation sphere should be lessened and the Criminal Procedural Code should be amended for this purpose.
Biblion
Reference:
Vetyutnev, Y.Y.
On positive legal responsibility.
// Law and Politics.
2005. ¹ 5.
P. 146-147.
URL: https://en.nbpublish.com/library_read_article.php?id=49777
Abstract:
The issue of existence of positive (prospective) legal responsibility has been the center of attention for Russian legal science for quite a while. That is why the monograph by E.A. Noskova “Positive legal responsibility”, which is devoted to the general theoretical stdy of this phenomenon, review of which is presented in this article, is such a timely publication.
Biblion
Reference:
Medvedev, V.G.
On the origin of national censorship.
// Law and Politics.
2005. ¹ 5.
P. 148-151.
URL: https://en.nbpublish.com/library_read_article.php?id=49778
Abstract:
Censorship over press as a political and legal phenomenon with deep historical roots is a very interesting topic for scientific research. That is why the monograph of I.G. Gorbachev and V.N. Pechnikov “The institution of censorship in the Russian legislation of XVI-XIX centuries: historical and legal study”, which is reviewed in this article, is such a topical book. It is useful for both lecturers and students, majoring in law and history, and to all those interested in history of state and law of Russia, and in development of state institutions and legislation of Russia.
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