Law and Politics

Contents

Question at hand
Dobrynin, N.M. — Formation of a developed civil society as a necessary condition for the new federalism:genesis, evolution and potential.	P. 4 - 14
Theory
Baev, V.G. — “Idea of a state” by Kant and Hegel. Philosophical teachings and state practice in Germany of early XIX century.	P. 15 - 22
Transformation of legal and political systems
Trifonov, A.S. — Legal regime of the industrial lands	P. 23 - 33

Anisimov, A.P., Melikhov, A.I. — On some theoretical problems of legal capacity of foreign citizens and legal persons in the land sphere.	P. 33 - 37
Authority and management
Khvostunova, N.V., Khachim, F.I. — Elections in Iraq and legitimacy of the future government.	P. 38 - 41

Poddubnaya, O.S. — Some aspects of separation of competence between the state and municipal bodies.	P. 41 - 46

Ezhevsky, D.O. — Local self-government reform in the Great London.	P. 46 - 56
State security
Trunov, I.L., Aivar, L.K. — Protection of people and territories from the environmental emergency situations.	P. 57 - 63
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Alisievich, E.S. — On the value of interpretation of the European Convention on human rights by the European Court of Human Rights.	P. 64 - 68
International relations: interaction systems
Samatov, O.Zh. — Legal aid and other forms of legal cooperation of the NIS states.	P. 69 - 74
Law and order
Kostennikov, M.V., Kurakin, A.V., Sosnovskaya, Y.N. — Violations of administrative law related to passport and registration system (definition and problems related to evaluation).	P. 83 - 94
Anthropology of law
Stephanchuk, R.A. — More on the issue of euthanasia in the NIS states: pro et contra.	P. 95 - 106
Stabilization systems: fiscal control
Musatkina, A.A. — Lawful behavior in the financial sphere and financial discipline: definition and various kinds.	P. 107 - 114

Kashirina, T.V. — Formation of constitutional and legislative basis of tax regulation in the USA.	P. 114 - 121
Conflict: tools of stabilization
Smirnov, M.G. — On necessity of improvement of universal means of protections of persons, who suffered from the non-international armed conflict.	P. 122 - 129
Practical law manual
Nikolaeva, Y.V. — Release of criminal responsibility in criminal law.	P. 130 - 134

Shakirov, R.R. — On the issue of rights and obligations of the parties to the credit contract.	P. 135 - 142
Discussion forum
Lipinsky, D.A. — On pseudo-humanization of the punitive influence of criminal responsibility.	P. 143 - 148

Contents details

Question at hand

Reference:

Dobrynin, N.M. (2005). Formation of a developed civil society as a necessary condition for the new federalism:genesis, evolution and potential. Law and Politics, 7, 4–14. https://en.nbpublish.com/library_read_article.php?id=49795

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Abstract: Formation of a developed civil society was set as a goal of Russian political reforms at an early stage of its post-Perestroika development. What are our achievements by now? What is the relation between the middle class and civil society in Russia? In Professor Dobrynin's article one can find analysis of nature and role of civil society as a whole in modern Russia.

Theory

Reference:

Baev, V.G. (2005). “Idea of a state” by Kant and Hegel. Philosophical teachings and state practice in Germany of early XIX century. Law and Politics, 7, 15–22. https://en.nbpublish.com/library_read_article.php?id=49796

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Abstract: Did philosophy of law by Kant and Hegel play an important part in formation of German constitutionalism? In this article by Professor Baev, one can find his review of the key provisions of works of these distinguished philosophers, their influence on XIX century Germany, and on the unification of Germany, implemented by Bismark.

Transformation of legal and political systems

Reference:

Trifonov, A.S. (2005). Legal regime of the industrial lands. Law and Politics, 7, 23–33. https://en.nbpublish.com/library_read_article.php?id=49797

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Abstract: In A. S. Trifonov's article one can find a detailed study of legal regime of land in the Russian Federation. Noting that the use of lands is a key criterion for classification, the author studies specific features of "allowed use of land plots" as a term of Russian legislation, analyzes existing practice.

Transformation of legal and political systems

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, 7, 33–37. https://en.nbpublish.com/library_read_article.php?id=49798

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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.

Authority and management

Reference:

Khvostunova, N.V., Khachim, F.I. (2005). Elections in Iraq and legitimacy of the future government. Law and Politics, 7, 38–41. https://en.nbpublish.com/library_read_article.php?id=49799

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Abstract: Elections in the Republic of Iraq, which were held on January 30, 2005, became a common topic of public discussion. This is no suprise, considering that the attention of the world community is centered on this region and its problems. This article contains analysis of the elections, their legitimacy. As the authors point out, the elections of January 30, 2005 truly became a starting point for democratization of the society of Iraq, and foundation of a jural state.

Authority and management

Reference:

Poddubnaya, O.S. (2005). Some aspects of separation of competence between the state and municipal bodies. Law and Politics, 7, 41–46. https://en.nbpublish.com/library_read_article.php?id=49800

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Abstract: Local self-government of the Russian federation ensures solution of the local issues by the people. Considering that Russian self-government is not included into the system of government bodies, separation of competence of state and municipal structures in management of social issues becomes a key issue, which is viewed in this article. The article also contains analysis of legal sources and modern tendencies.

Authority and management

Reference:

Ezhevsky, D.O. (2005). Local self-government reform in the Great London. Law and Politics, 7, 46–56. https://en.nbpublish.com/library_read_article.php?id=49801

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Abstract: As the author notes, the experience of development of European cities calls for much attention and scientific study, since these cities have truly been the playgrounds of progressive ideas. This article continues the author's study of local self-government in the Great Britain, and is devoted to history of local self-government in the Great London, as well as to the recent changes in it.

State security

Reference:

Trunov, I.L., Aivar, L.K. (2005). Protection of people and territories from the environmental emergency situations. Law and Politics, 7, 57–63. https://en.nbpublish.com/library_read_article.php?id=49802

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Abstract: In late years Russia was often shaken by the horrible environmental tragedies, which took lives of innocent people, who just were not warned about the dangers due to the irresponsibility of authorities. What are the people's rights for adequate protection from environmental emergencies and what are the rights and obligations of the government bodies in this sphere? What is the role of scientific studies in prevention of such tragedies? These issues are studied by the authors, who use the example of the Karmadon glacier tragedy.

INTEGRATION LAW AND SUPRANATIONAL UNIONS

Reference:

Alisievich, E.S. (2005). On the value of interpretation of the European Convention on human rights by the European Court of Human Rights. Law and Politics, 7, 64–68. https://en.nbpublish.com/library_read_article.php?id=49803

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Abstract: This article by E.S. Alisievich contains analysis of the interpretation practice of the European Court of Human Rights. This practice is of key importance for understanding of the guarantees of rights and freedoms of people in accordance with the European Convention on human rights.

International relations: interaction systems

Reference:

Samatov, O.Zh. (2005). Legal aid and other forms of legal cooperation of the NIS states. Law and Politics, 7, 69–74. https://en.nbpublish.com/library_read_article.php?id=49804

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Abstract: This article continues the line of O.Zh. Samatov's works devoted to various aspects of the NIC development. It contains a review of the Convention on legal aid and legal cooperation between the NIC states in civil, criminal and family cases, which was signed in Minsk on 22 January 1993, as well as of the Chisinau Convention of 2002. Author pays much attention to the issue of extradition of criminals and related problems.

Law and order

Reference:

Kostennikov, M.V., Kurakin, A.V., Sosnovskaya, Y.N. (2005). Violations of administrative law related to passport and registration system (definition and problems related to evaluation). Law and Politics, 7, 83–94. https://en.nbpublish.com/library_read_article.php?id=49805

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Abstract: This articles contains analysis of key characteristics and corpus delicti of administrative violations in the sphere of passport and visa registration, with due attention paid to subject set of such violations. Authors study positions of leading legal scholars on these issues, offer to amend existing administrative legislation in this sphere.

Anthropology of law

Reference:

Stephanchuk, R.A. (2005). More on the issue of euthanasia in the NIS states: pro et contra. Law and Politics, 7, 95–106. https://en.nbpublish.com/library_read_article.php?id=49806

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Abstract: The term "euthanasia" comes from two Greek words: "eu" meaning "good" and "thanatos" meaning "death". This article by Ukrainian professor R.A Stephanchuk is devoted to the study of the right to life, which is more commonly viewed in relation to capital punishment, from an alltogether different angle - legalization and application of euthanasia. Author studies various classifications of euthansia, arguments "pro et contra", provides comparative analysis of legislation of the Western states and the NIC states on this issue.

Stabilization systems: fiscal control

Reference:

Musatkina, A.A. (2005). Lawful behavior in the financial sphere and financial discipline: definition and various kinds. Law and Politics, 7, 107–114. https://en.nbpublish.com/library_read_article.php?id=49807

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Abstract: Lawful behavior in the financial sphere is meant to ensure timely and complete tax payment to various budgets, rational use of budgetary sources, as well as stability of the financial system of the Russian Federation as a whole. That is why study of this sphere is of great theoretical and practical importance. In A.A. Musatkina's article one can find classifications and key elements of lawful behavior in the sphere of finances, financial discipline, study of legal sources and existing practice.

Stabilization systems: fiscal control

Reference:

Kashirina, T.V. (2005). Formation of constitutional and legislative basis of tax regulation in the USA. Law and Politics, 7, 114–121. https://en.nbpublish.com/library_read_article.php?id=49808

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Abstract: Budgetary and tax system of the USA is based on well-developed legislation, which is, in turn, founded in specific historical features of formation of state and economy of the USA, which are studied in this article. The author pays much attention to the "blanks" in the Constitution of the USA.

Conflict: tools of stabilization

Reference:

Smirnov, M.G. (2005). On necessity of improvement of universal means of protections of persons, who suffered from the non-international armed conflict. Law and Politics, 7, 122–129. https://en.nbpublish.com/library_read_article.php?id=49809

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Abstract: Nowadays the world community is rather skeptical towards the peace-keeping operations of the UN in local conflicts, as well as towards the actions of the Security Council of the UNO, which passes its powers to specific states or regional organizations (the USA, the Great Britain, the North Atlantic Treaty Organization). M.G. Smirnov's article contains critical analysis of the UN practice in this sphere, based on examples of Somalia, Haiti, Cyprus, Yugoslavia, etc. Author presents his study of key problems of modern peace-making activities, key provisions of humanitarian law, perspectives of their development.

Practical law manual

Reference:

Nikolaeva, Y.V. (2005). Release of criminal responsibility in criminal law. Law and Politics, 7, 130–134. https://en.nbpublish.com/library_read_article.php?id=49810

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Abstract: As the author notes, fighting crime is not limited to factual application of punishment towards the criminals, but also includes fighting latent crimes. The very fact of reaction to the crime is what matters, however, this reaction should not always mean punishment. That is why, the author considers that release of criminal responsibility does not diminish the principles of inevitability of punishment, and is in full compliance with it…

Practical law manual

Reference:

Shakirov, R.R. (2005). On the issue of rights and obligations of the parties to the credit contract. Law and Politics, 7, 135–142. https://en.nbpublish.com/library_read_article.php?id=49811

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Abstract: R.R. Shakirov's article contains analysis of modern civil legislation, evaluations of positions of leading scholars on peculiar features of a credit contract. This article also contains the study of relevant court practice.

Discussion forum

Reference:

Lipinsky, D.A. (2005). On pseudo-humanization of the punitive influence of criminal responsibility. Law and Politics, 7, 143–148. https://en.nbpublish.com/library_read_article.php?id=49812

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Abstract: For a long time legal media called for humanization of punitive influence, and the Russian legislators amended the provisions of Russian criminal law by the law of December 8, 2003. D.A. Lipinsky's article is devoted to problem issues of humanization of punitive influence in the Russian criminal law in accordance with the reform of 2003. The article also contains the study of court practice, authors propositions on how to solve existing problems.