Question at hand
Reference:
Trunov, I.L., Borisov, I.B.
Presidential elections in Kazakhstan - legal problems of observation by international missions.
// Law and Politics.
2006. ¹ 1.
P. 4-11.
URL: https://en.nbpublish.com/library_read_article.php?id=49900
Abstract:
Before the Presidential elections in Kazakhstan there was a lot of forecasts on negative electoral attitude, coming chaos and instability. The authors of this article were members of the official international observers’ mission at the elections of the President of the Republic of Kazakhstan, they met with the representatives of the Central Election Commission of Kazakhstan and City Election Commission of Almaty, held roundtables and press-conferences, visited a number of electoral areas. In this article they give their impressions of the elections. In particular, the authors note that the differences in the evaluation of the elections by various groups of observers have to do with differences between the Eastern and the Western “schools” of electoral observers, with the tendency of the latter school to use “double standards”…
Theory
Reference:
Khachaturov, R.L.
Responsibility, irresponsibility, crime.
// Law and Politics.
2006. ¹ 1.
P. 12-16.
URL: https://en.nbpublish.com/library_read_article.php?id=49901
Abstract:
The percentage of murders, robberies and other crimes grew greatly during the transition years in Russia. The law-enforcement bodies were unable to effectively fight crime and were in the state of crisis. It is known that inaction of criminal law leads to new crimes, since the criminals start to believe that they would not be held responsible for these crimes. At the same time, legal irresponsibility deforms the legal attitudes of lay people. A crime without punishment is an abnormal thing, and it should not be allowed both socially and legally, since it is dangerous. This article is devoted to the problems of legal responsibility for the crimes.
State institutions and legal systems
Reference:
Djagaryan, A.A.
Deputy of the State Duma as an independent subject of claim to the Constitutional court of the Russian Federation.
// Law and Politics.
2006. ¹ 1.
P. 17-29.
URL: https://en.nbpublish.com/library_read_article.php?id=49902
Abstract:
A.A. Djagaryan’s article is devoted to evaluation of the control powers of a deputy of the State Duma of the Russian Federation as an inalienable part of his constitutional legal status. As the author notes, the right of deputy request to the Constitutional Court of the Russian Federation has traditionally been viewed as a collective right. At the same time, it is possible to interpret constitutional norms in such a way, so this right is regarded as an individual right of every particular deputy.
Authority and management
Reference:
Chikhladze, L.T.
Historical and theoretical aspects of development of local self-government and local government in the European states (part 2)
// Law and Politics.
2006. ¹ 1.
P. 30-44.
URL: https://en.nbpublish.com/library_read_article.php?id=49903
Abstract:
Historical experience in the sphere of state, community and rural self-government, which has been accumulated over thousands of years of development of human society, plays a great role in understanding of the genesis of state and law as a whole. This work by L.T. Chikhladze is devoted to the issues of municipal history, and also to a lenghty and contradictory process of formation of local government and self-government of various European states, as mirrored in their modern conditions. Author also views municipal issues related to the NIS countries, as well as problems of centralization and decentralization, of concentration and deconcentration.
Transformation of legal and political systems
Reference:
Kharitonova, N.N.
Perspectives of evolution of the constitutional control: foreign practice and Russian practice.
// Law and Politics.
2006. ¹ 1.
P. 45-55.
URL: https://en.nbpublish.com/library_read_article.php?id=49904
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:
Goptareva, I.B.
Federal state organization and the problem of regionalization: political and legal aspects.
// Law and Politics.
2006. ¹ 1.
P. 55-64.
URL: https://en.nbpublish.com/library_read_article.php?id=49905
Abstract:
Regionalization is usually both a cause and an effect of democratic processes within a state. How effective is Russian federal policy for ensuring this process? The answer to this question is presented in I.B. Goptareva’s article.
State security
Reference:
Polyansky, I.A., Trofimov, E.V.
Military doctrine of Russia and its role in ensuring military security and development of armed forces.
// Law and Politics.
2006. ¹ 1.
P. 65-73.
URL: https://en.nbpublish.com/library_read_article.php?id=49906
Abstract:
Currently the threats to the military security of the Russian Federation - both internal and external, real and potential - remain an issue of concern. At the same time the military doctrine of the Russian Federation provides only for the general threats and specific sources of these threats are not mentioned. The lack of clear subject references for ensuring military security causes confusion, which makes strategic and operative planning more difficult. The authors study the above-mentioned problem and offer their ways to correct the Military Doctrine of the Russian Federation so it would meet the challenges of the modern reality.
JUDICIAL POWER
Reference:
Grigorov, K.A.
Formation and development of immunity of prosecutors, investigators and advocates in the Russian criminal procedural law.
// Law and Politics.
2006. ¹ 1.
P. 74-80.
URL: https://en.nbpublish.com/library_read_article.php?id=49907
Abstract:
K.A. Grigorov’s article contains analysis of the legal provisions on immunity of prosecutors, investigators and advocates in the Russian law ever since the Provisions on judicial institutions and the Ustav on criminal judicial proceedings of 1864 up to the modern Federal Law “On the Prosecutors’ Office of the Russian Federation”. Much attention is paid to the legal status of the military prosecutors’ office and prosecutors’ office at the Soviet time. The author also offers to introduce changes into the modern legislation.
JUDICIAL POWER
Reference:
Naumov, A.M.
Development of adversary proceedings in the Criminal procedural code of the Russian Federation.
// Law and Politics.
2006. ¹ 1.
P. 81-93.
URL: https://en.nbpublish.com/library_read_article.php?id=49908
Abstract:
Starting with the Ustav on criminal judicial proceedings of 1864 Russian criminal process did not provide for the adversary proceedings prior to the court hearing. The same principle was reflected in the Criminal Procedural Codes of 1922, 1923, 1960. Only within the period between the 1991 and 2001 the tradition of “hybrid” criminal proceedings was changed for the adversary proceedings, based upon the principles of the Anglo-Saxon legal system, and the change was expressed in the new Criminal Procedural Code of 2001, which came into force since July 1, 2002.
Law practice
Reference:
Trunov, I.L.
Ensuring security and independence of advocate.
// Law and Politics.
2006. ¹ 1.
P. 94-102.
URL: https://en.nbpublish.com/library_read_article.php?id=49909
Abstract:
An advocate is a key figure in provision of legal support to individuals to protect their rights and freedoms. Advocate’s work may influence the future life, well-being, profession and income of a person. Unfortunately, the profession of an advocate is currently unsafe and difficult. Murders and bodily harm to advocates are not that rare, lives and security of advocates and their families are hardly protected, and the protection of advocates in the Russian law carries declarative character…
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Samovich, Y.V.
On the issue of limitation of individual’s right to judicial protection (practice of the European court of human rights and of the Constitutional Court of the Russian Federation).)
// Law and Politics.
2006. ¹ 1.
P. 103-109.
URL: https://en.nbpublish.com/library_read_article.php?id=49910
Abstract:
Y.V. Samovich’s artricle is devoted to evaluation of Russian legislation and practice on the limitation of person’s right for judicial protection in correlation with the practice of the European court of human rights, and the article contains examples of specific cases. As the author notes, correlation shows the value of the harmonious approach to the issue…
International relations: interaction systems
Reference:
Trapeznikov, V.A.
Specific features of legal status of state as a participant of investment relations.
// Law and Politics.
2006. ¹ 1.
P. 110-119.
URL: https://en.nbpublish.com/library_read_article.php?id=49911
Abstract:
Participation of state in the investment relations is aimed at the realization of the public goals of the state itself. Accordingly, the state, while taking part in the private civil relations and the public legal relations in the sphere of investment, often gets itself into a dubious position. On one hand it should protect the public interest of the society as a whole, and on the other hand, it should obey the civil law requirements, protecting the interests of the private persons in a particular case. This article by V.A. Trapeznikov is devoted to the conflict of interest issues within the framework of investment law, which the author regards as an independent complex branch of the Russian law.
Stabilization systems: fiscal control
Reference:
Mukhamet-Irekle, A.
Return of deposit accounts: from simple to complicated. Part 1,2,3
// Law and Politics.
2006. ¹ 1.
P. 131-141.
URL: https://en.nbpublish.com/library_read_article.php?id=49912
Abstract:
The problem of return of deposit accounts (including “accounts for children”), which were opened before January 1, 1995 and March 1, 1996 (that is before Parts 1 and 2 of the Civil Code of the Russian Federation came into force), does not lose its topicality in the modern Russia nowadays. A. Mukhamet-Irekle’s article is devoted to the study of Russian law and judicial practice in this sphere, and the author provides his critical analysis of the problem. As the author points out, the theory of law provides for the various opportunities for the practical judicial protection of the account depositors. That is why, this article is of interest both to the depositors and their legal representatives.
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