Law and Politics

Contents

Theory
Ignatov, A.V. — Federal intervention: definition, principles and system of measures.
Law and order
Anisimov, A.P., Melikhov, A.I. — On some theoretical problems of legal capacity of foreign citizens and legal persons in the land sphere.
Practical law manual
Ezhevsky, D.O. — British municipal police and its place within the system of the state and municipal bodies.
Biblion
Kostennikov, M.V., Kurakin, A.V., Sosnovskaya, Y.N. — Definition of the passport registration system.

Fomin, A.A. — Legal security of a state as a special subject of Russian law.
Theory
Bykov, V.M., Tkacheva, N.V. — Coersion in case of investigative activity.	P. 4 - 17
Authority and management
Lukashuk, I.I. — Conventions, which contradict jus cogens norms of common international law.	P. 8 - 31
State institutions and legal systems
Samatov, O.Z. — Cooperation of the NIC states in the sphere of taxation (international legal aspects).	P. 32 - 48
State security
Shalashov, V.I., Emelyanov, Y.S. — Specific features of normative legal acts, passed by the Central Bank of the Russian Federation.	P. 49 - 54
International relations: interaction systems
Olkov, S.G. — Determination of criminal behavior: modern policy and negative deviation in the age of globalization.	P. 55 - 72
Transnational interests
Mazarchuk, D.V. — Views of conservative revolutionaries of the Weimar Germany on state and law.	P. 73 - 81
Stabilization systems: fiscal control
Gribanov, D.A. — Some problems related to mechanism of transfer of power of princes of the Eastern Slavs in VI-IX centuries.	P. 82 - 85
Anthropology of law
Kurakin, A.V., Astakhov, D.V., Salnikov, M.G., Kurakina, A.N. — Classifications of participants of the procedure in administrative delict cases.	P. 107 - 120
History of state and law
Sayapina, I.A., — Functions and structure of the authorized capital stock of the limited liability companies.	P. 121 - 132

N. Rouland — Historical introduction to law (Extract from a new book published by the Nota Bene Publishing House).	P. 133 - 137
Practical law manual
Bodanter — Abolition of capital punishment (Extract from a new book published by the Nota Bene Publishing House).	P. 138 - 151

Contents details

Theory

Reference:

Ignatov, A.V. (2005). Federal intervention: definition, principles and system of measures. Law and Politics, 6. https://en.nbpublish.com/library_read_article.php?id=49779

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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.

Law and order

Reference:

Anisimov, A.P., Melikhov, A.I. (2005). On some theoretical problems of legal capacity of foreign citizens and legal persons in the land sphere. Law and Politics, 6. https://en.nbpublish.com/library_read_article.php?id=49784

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Abstract: Article is devoted to the problem of legal capacity of the apatrides, foreign citizens and legal persons. This is one of the most topical issues of Russian land law. Authors review the history of the issue, gaps in Russian land legislation and court practice (such as Mineral Knauf case). The article also contains analysis of the issue of constitutionality of a number of provisions of land law, and of practice of the Constitutional court of the Russian Federation.

Practical law manual

Reference:

Ezhevsky, D.O. (2005). British municipal police and its place within the system of the state and municipal bodies. Law and Politics, 6. https://en.nbpublish.com/library_read_article.php?id=49791

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Abstract: O.D. Ezhevsky's article is devoted to analysis of foreighn experience in the sphere of theory, legal regulation, organization and strategy of police forces (he studies police of Great Britain as an example). As the author notes, although the experience of British police is specific, some of its features may be applied in Russia, for example, with regard to formation of municipal militia.

Biblion

Reference:

Kostennikov, M.V., Kurakin, A.V., Sosnovskaya, Y.N. (2005). Definition of the passport registration system. Law and Politics, 6. https://en.nbpublish.com/library_read_article.php?id=49793

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Abstract: This article provides us with authors’ concept of the definition of the “passport registration system”. The authors also review nature and correlation of the terms “passport system”, “passport and visa system”, “passport and registration system”, their characteristic features, positions of key legal scholars in this sphere, existing legislation and other normative acts. The article also contains analysis of the registration system, as opposed to the old “propiska” system.

Biblion

Reference:

Fomin, A.A. (2005). Legal security of a state as a special subject of Russian law. Law and Politics, 6. https://en.nbpublish.com/library_read_article.php?id=49794

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Abstract: As President V.V. Putin once stated “we did not pay enough attention to the security and defence… and it is well known that it’s the weak who get beaten. Some want to get their share off us, others help them, since they consider Russia, being one of the nuclear weapon states, to still be a threat to someone”. As the author of this article points out, currently it’s the right to time for serious theoretical analysis of means and methods of ensuring state security of the Russian Federation. This article includes analysis of existing models of ensuring state security, key issues related to ensuring state securities, threats to Russian national security (criminal threats, terrorism). The author also studies such problems as control over intelligence services and protection of human rights, unity of legal territory.

Theory

Reference:

Bykov, V.M., Tkacheva, N.V. (2005). Coersion in case of investigative activity. Law and Politics, 6, 4–17. https://en.nbpublish.com/library_read_article.php?id=49780

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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.

Authority and management

Reference:

Lukashuk, I.I. (2005). Conventions, which contradict jus cogens norms of common international law. Law and Politics, 6, 8–31. https://en.nbpublish.com/library_read_article.php?id=49781

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Abstract: Professor I.I. Lukashuk’s article is devoted to the study of nature and role of jus cogens norms within the framework of modern international law, their correlation with the public order and freedom of international conventions. This article contains detailed analysis of positions of states and leading legal scholars on this issue. Then Professor Lukashuk comes to a conclusion that while in the past the system of international relations did not reach the sufficient level of organization to create social and political basis for existence of the set of jus cogens norms, after the war, the new international legal order was established. The international community accepted the public order based on jus cogens norms of international law, so international conventions should not contradict this order, which is aimed to avoid use of force in the international relations.

State institutions and legal systems

Reference:

Samatov, O.Z. (2005). Cooperation of the NIC states in the sphere of taxation (international legal aspects). Law and Politics, 6, 32–48. https://en.nbpublish.com/library_read_article.php?id=49782

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Abstract: Unification of tax system is characteristic not only of the highly integrated countries, such as member states of the European Union, but also of the countries at the early stage of regional integration, such as the NIC states, and this article is devoted to the integration processes in the NIC.

State security

Reference:

Shalashov, V.I., Emelyanov, Y.S. (2005). Specific features of normative legal acts, passed by the Central Bank of the Russian Federation. Law and Politics, 6, 49–54. https://en.nbpublish.com/library_read_article.php?id=49783

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Abstract: Federal law “On the Central Bank of the Russian Federation (the Bank of Russia)” provides the Bank with a right to pass normative acts. By the nature of this provision the legislator gave the Central Bank of the Russian Federation considerable authority. This power of the Bank was supported by the Decision of the Constitutional Court of the Russian Federation of 14 of December, 2000. This article contains comparative analysis of the requirements to normative acts, which are passed by the Central Bank of the Russian Federation, and normative acts of the federal executive bodies, and authors find considerable differences between these two kinds of normative acts.

International relations: interaction systems

Reference:

Olkov, S.G. (2005). Determination of criminal behavior: modern policy and negative deviation in the age of globalization. Law and Politics, 6, 55–72. https://en.nbpublish.com/library_read_article.php?id=49785

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Abstract: As the author of this article notes, the problem of “correlation of biological and social elements within the causal complex of criminal behavior”, which has been the center of attention for the generations of criminologists, contains series of defects in the way that it is set. This article of Professor S.G. Olkov is devoted to determination complex of deviant behavior, and to the study of key shortcomings of above-mentioned problem.

Transnational interests

Reference:

Mazarchuk, D.V. (2005). Views of conservative revolutionaries of the Weimar Germany on state and law. Law and Politics, 6, 73–81. https://en.nbpublish.com/library_read_article.php?id=49786

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Abstract: The very atmosphere of the after-war Germany called for nationalistic ideas based on the revenge for the loss in the war. This article is devoted to the study of the complex of ideas, which came into being and existed in Weimar Germany (and also in the years of Nazi power), and was related to restoring the ideological and political potential of the country after the war. Author comes to a conclusion that conservative revolutionaries came very close to the national-socialism, and only a thin line was between them and the anti-human ideology of the “thousand years old reich”.

Stabilization systems: fiscal control

Reference:

Gribanov, D.A. (2005). Some problems related to mechanism of transfer of power of princes of the Eastern Slavs in VI-IX centuries. Law and Politics, 6, 82–85. https://en.nbpublish.com/library_read_article.php?id=49787

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Abstract: Scientists date the appearance of the Slavic tribes in the Russian plains back to VI-VII centuries A.C. However, by that time the Eastern Slavs can be characterized by social inequality, which is shown not only in separation of poor and rich people, but also in the veche (gathering of the free representatives of the tribe), council of the elders, chief of the tribe (knyaz – prince).This article contains the study of genesis of the power of princes in the tribes of the Eastern Slavs, and also forms and methods of its transition at the pre-state period, since the power of princes later embodied state power.

Anthropology of law

Reference:

Kurakin, A.V., Astakhov, D.V., Salnikov, M.G., Kurakina, A.N. (2005). Classifications of participants of the procedure in administrative delict cases. Law and Politics, 6, 107–120. https://en.nbpublish.com/library_read_article.php?id=49788

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Abstract: This article contains analysis of the study of the problem of re-classifying the participants of the procedure in administrative delict cases, which became necessary due to amendments, introduced to legislation. Authors study pre-existing classifications or Russian legal scholars, and offer their own characteristics of a new classification classifying the participants of the procedure in administrative delict cases.

History of state and law

Reference:

Sayapina, I.A., (2005). Functions and structure of the authorized capital stock of the limited liability companies. Law and Politics, 6, 121–132. https://en.nbpublish.com/library_read_article.php?id=49789

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Abstract: The doctrine of civil law includes the concept, according to which the authorized capital stock is viewed from two positions: civilistical and economical. In accordance with above-mentioned approach, the author of this article offers a definition of the “authorized capital stock” as related to the limited liability companies, which include both civilistical and economical elements.

History of state and law

Reference:

N. Rouland (2005). Historical introduction to law (Extract from a new book published by the Nota Bene Publishing House). Law and Politics, 6, 133–137. https://en.nbpublish.com/library_read_article.php?id=49790

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Abstract: The appearance of Slavic tribes on the territory of the Russian plain is usually attributed by scientists to the VI-VII centuries AD. However, by this time, the Eastern Slavs had signs of social inequality not only in the form of stratification into rich and poor and into free and slaves, but also in the presence of such public institutions as the assembly free representatives of the tribe (veche), the council of elders, the leader of the tribe (prince). The article presents a study of the genesis of princely power among Eastern Slavs, as well as the forms and methods of its transition into the pre-state era , since it was the princely power of the state era that became the personification of the state.

Practical law manual

Reference:

Bodanter (2005). Abolition of capital punishment (Extract from a new book published by the Nota Bene Publishing House). Law and Politics, 6, 138–151. https://en.nbpublish.com/library_read_article.php?id=49792

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Abstract: In the doctrine of civil law, the concept has spread, according to which the authorized capital is considered from different positions – from a civil and economic point of view. Following the indicated comprehensive approach, the author of the article proposes a definition of the concept of "authorized capital" in relation to limited liability companies, which includes both the economic and civil aspects of the phenomenon under study.