Question at hand
Reference:
Dmitriev, Y.A.
The Constitutional Court and appointment of governors.
// Law and Politics.
2006. ¹ 3.
P. 4-7.
URL: https://en.nbpublish.com/library_read_article.php?id=49954
Abstract:
This article by Professor Y.A. Dmitriev contains a critical analysis of the Decision of the Constitutional Court of the Russian Federation N. 13-P of December 21, 2005, which finally put an end to the argument on constitutionality of the appointment of governors under the Federal Law “On the general principles of organization of legislative (representative) and executive bodies of the state power of the subjects of the Russian Federation” as amended on December 11, 2004.
Theory
Reference:
Olkov, S.G.
Criticism of the criminological theory of pressure.
// Law and Politics.
2006. ¹ 3.
P. 8-16.
URL: https://en.nbpublish.com/library_read_article.php?id=49955
Abstract:
This article by Professor S.G. Olkov is devoted to criticism of the criminological theory of pressure by Robert Merton, which is one of most developed theories in criminology. S.G. Olkov asks a question whether the criminological theory of pressure truly exists and comes to a well-reasoned conclusion that the answer should be negative, and there is no criminological theory of pressure.
Theory
Reference:
Afanasiev, V.S., Suntsova, E.A.
Some problems related to theory of violations of law and legal responsibility.
// Law and Politics.
2006. ¹ 3.
P. 17-23.
URL: https://en.nbpublish.com/library_read_article.php?id=49956
Abstract:
The problems of exact and detailed definitions of violations of law and of legal responsibility are of paramount importance in the modern Russia, where the number of violations of law is constantly growing, and fighting those violations should be compatible with the goals of the jural state and of civil society, as provided for in the Constitution of the Russian Federation. This article is devoted to the study of definition and specific features of violations of law and of legal responsibility, arising theoretical problems and the ways to solve these problems.
Theory
Reference:
Golovko, A.A.
Is combination of lawfulness and discretion acceptable? (Some problems in theory and practice)
// Law and Politics.
2006. ¹ 3.
P. 24-30.
URL: https://en.nbpublish.com/library_read_article.php?id=49957
Abstract:
This article by the Belarussian scientist A.A. Golovko is devoted to the problems in theory and practice related to correlation of lawfullness and discretion in the activities of the government officials (including the example of the Republic of Belarus) within the context of applicable international standards. As A.A. Golovko stresses, if used correctly discretion of officials may be not a problem, but a solution to many existing problems.
Authority and management
Reference:
Shugrina, E.
Disciplinary liability of the elected municipal officials.
// Law and Politics.
2006. ¹ 3.
P. 31-38.
URL: https://en.nbpublish.com/library_read_article.php?id=49958
Abstract:
This article by E.S. Shugrina is devoted to analysis of specific features of disciplinary liability of municipal servants under the legislation on municipal service. The author studies a number of examples, falling under various categories. As E.S. Shugrina points out, in a number of subjects of the Russian Federation the disciplinary liability follows if a municipal servant failed to perform his duties or performed those duties unduly, while in some regions disciplinary liability follows from the violations of professional ethics, yet in some subjects of the Russian Federation all of the above lead to disciplinary liability.
Transformation of legal and political systems
Reference:
Bystrov, G.E.
Problems of legal regulation of agricultural relations and development of agricultural foodstuffs markets of Russia.
// Law and Politics.
2006. ¹ 3.
P. 39-52.
URL: https://en.nbpublish.com/library_read_article.php?id=49959
Abstract:
On September 30, 2005 the All-Russian Scientific and Practical Conference on problems of legal regulation of agricultural relations and development of agricultural foodstuffs markets in Russia was held in Moscow by the Moscow State Juridical Academy. Much discussion was devoted to the draft of the Federal Law “On Development of Agriculture”, which is currently being developed under the guidelines by the Ministry of Agriculture of the Russian Federation. This article is adapted from the speech of professor G.E. Bystrov at the Plenary Session of the Conference.
Transformation of legal and political systems
Reference:
Anisimov, A.P.
Definition of lands of special purpose and their legal regime.
// Law and Politics.
2006. ¹ 3.
P. 52-62.
URL: https://en.nbpublish.com/library_read_article.php?id=49960
Abstract:
The need to establish a special order of use of land under the industrial, transportation and other specialized objects became obvious in the middle of XIX century and related problems retain their topicality till now. Article by A.P. Anysimov is devoted to the history of the issue in the Soviet Period (since 1919), and it also contains analysis of modern Russian legislation (such as the Town-Planning Code of the Russian Federation) on various categories of land: lands of industry, energy, transportation, radio and TV information needs, space activities, defence and security… As the author notes, the above-mentioned list is by no means a closed one.
State institutions and legal systems
Reference:
Vedyakhin, V.M.
Form of the Russian state: theory and practice.
// Law and Politics.
2006. ¹ 3.
P. 63-74.
URL: https://en.nbpublish.com/library_read_article.php?id=49961
Abstract:
This article by V.M. Vedyakhin is devoted to teh key problems related to elements of form of Russian state, within the modern concept of a “strong state”. The author reviews positions of a number of renowned scholars, expresses and motivates his position, gives a critical assessment to the existing situation.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Gordanov, I.B.
General trade policy of the European Union: mechanism, competence and procedures.
// Law and Politics.
2006. ¹ 3.
P. 75-80.
URL: https://en.nbpublish.com/library_read_article.php?id=49962
Abstract:
The trade policy of the European Union causes much interest in Russia for the obvious reasons: the economical ties between the EU and Russia have lately became very strong. This article by I.B. Gordanov contains the analysis of the basic documents of the EU related to the issues, as well as of practice of the Court of the EC. Author then comes to a conclusion that EU successfully strenghtens its positions in the relations with the other countries and international economic organization via its policy.
Stabilization systems: fiscal control
Reference:
Voropaev, A.V.
Specific features of legal regulation of foreign investments in Russia.
// Law and Politics.
2006. ¹ 3.
P. 81-89.
URL: https://en.nbpublish.com/library_read_article.php?id=49963
Abstract:
The problem of attraction of foreign investments to the Russian economy retains its topicality in spite of periods of active foreign investments in the last ten years ( the period, in which attraction of foreign investments became an official Russian policy), and it may be said that Russia loses in the “world economic race” failing to meet the challenges of global competition in the world market. As the author of this article points out, it is possible to attract investors to the Russian economy, which is still in crisis, but it takes a new policy of attraction of invesments, so the article is devoted to the problems of formation of a new bold investment policy of the Russian Federation.
Law and order
Reference:
Gromov, N.A., Polunin, S.A., Kurushin, S.A.
On use of results of operational investigation activity as proof in criminal cases.
// Law and Politics.
2006. ¹ 3.
P. 90-104.
URL: https://en.nbpublish.com/library_read_article.php?id=49964
Abstract:
The adopted Code of Criminal Procedure of the Russian Federation does not provide for a procedure for the procedural consolidation of the results of the ORDO, which would make it possible to unambiguously resolve the issue of their reliability and admissibility as evidence, as well as the procedure for transferring them to the body of inquiry, the investigator and the court. For example, in Article 89 of the Code of Criminal Procedure of the Russian Federation "The use of the results of operational investigative activities in proving", the developers provide that "in the process of proving, the use of the results of operational investigative activities is prohibited if they do not meet the requirements for evidence by this Code." However, as the authors of this article note, the emphasis on the procedural form of obtaining evidence is far from indisputable. To some extent, it facilitates the assessment of evidence, but does not make it completely objective, and numerous examples of misleading witnesses in the perception of an event and direct perjury are known in practice.
International relations: interaction systems
Reference:
Ezhevsky, D.O.
Integration of the Russian Federation into the international system of training of law-enforcement personnel.
// Law and Politics.
2006. ¹ 3.
P. 105-110.
URL: https://en.nbpublish.com/library_read_article.php?id=49965
Abstract:
In this article, D.O. Yezhevsky examines the problems of law enforcement reform in Eastern European countries, including in connection with accession to the European Union. As the author notes, the transformations also apply to the training of law enforcement personnel, while some countries completely borrow the Western model, while others develop their own combined version. The article discusses the applicable international standards, and offers suggestions for adapting Russian practice.
Practical law manual
Reference:
Shevaleevskaya, O.O.
Contract regulation: means of security.
// Law and Politics.
2006. ¹ 3.
P. 111-117.
URL: https://en.nbpublish.com/library_read_article.php?id=49966
Abstract:
Russian civil servants consider fiduciary transactions to be contractual ways of ensuring the fulfillment of obligations. Unfortunately, fiduciary duty has not been consolidated at the legislative level in modern Russian civil law. Due to the weakness of Russian law in this area, the parties to the agreements use various legal structures to ensure the execution of contracts. The article by O.O. Shevaleevskaya is devoted to the consideration of contractual ways to ensure the fulfillment of the terms of contracts, it includes a study of the approaches of arbitration courts and an assessment of the difficulties that arise in practice.
Practical law manual
Reference:
Aivar, L.K., Trunov, I.L.
Some aspects of the new law on the taxation of inherited or given property.
// Law and Politics.
2006. ¹ 3.
P. 118-120.
URL: https://en.nbpublish.com/library_read_article.php?id=49967
Abstract:
On June 15, 2005, the State Duma of the Federal Assembly of the Russian Federation adopted the law "On Invalidation of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation in connection with the Abolition of tax on Property Transferred by inheritance or Donation." The law was welcomed as progressive and civilized, exempting tens of millions of citizens from paying inheritance and donation taxes. What are its main provisions, and what are the difficulties? The reader can find answers to these questions in this article. The authors consider, in particular, the problems associated with the amounts of state duty and notary tariffs charged for performing notarial acts.
Practical law manual
Reference:
Maksimkina, E.A.
Change of housing relations due to the adoption of the new Housing Code.
// Law and Politics.
2006. ¹ 3.
P. 121-130.
URL: https://en.nbpublish.com/library_read_article.php?id=49968
Abstract:
With the entry into force in March 2005 of the new Housing Code regulating modern housing relations in accordance with the principles established by the Constitution of the Russian Federation in 1993, housing law has undergone significant changes, the need to apply the Housing Code of the RSFSR and a number of other laws has disappeared. The article by E.A. Maksimkina presents an analysis of the Housing Code of the Russian Federation, the novels and changes introduced by it, and the gaps in housing legislation.
JUDICIAL POWER
Reference:
Bykov, V.M.
Report and testimony of a specialist as new types of evidence.
// Law and Politics.
2006. ¹ 3.
P. 131-136.
URL: https://en.nbpublish.com/library_read_article.php?id=49969
Abstract:
Currently, Part 3 of Article 80 of the CPC of the Russian Federation establishes that a specialist's opinion is a written judgment on issues put before a specialist by the parties, and Part 4 of the same article defines the testimony of a specialist as information provided by him during interrogation about circumstances requiring special knowledge, as well as clarification of his opinion in accordance with the requirements of Articles 53, 168 and 271 of the Code of Criminal Procedure of the Russian Federation. As the author of the article notes, this novel by the legislator immediately posed a number of questions to scientists and practitioners of law enforcement agencies, the answers to which cannot be found in the newly adopted law. For example, what is a specialist's opinion as a new type of evidence, and how does it differ from an expert's opinion, what is the procedure for requesting and presenting a specialist's opinion, how can a specialist's opinion be used in proving in general, and at the stage of initiating a criminal case in particular?
JUDICIAL POWER
Reference:
Kurakin, A.V., Astakhov, D.V., Salnikov, M.G., Kurakina, A.N.
Rights and responsibilities of an eye-witness, an expert, a specialist, a translator, an advocate, a representative as participants of the administrative violation procedure.
// Law and Politics.
2006. ¹ 3.
P. 137-146.
URL: https://en.nbpublish.com/library_read_article.php?id=49970
Abstract:
This article examines the current problems of the status, rights and obligations of a witness, expert, specialist, translator, defender, representative and understood as participants in proceedings on administrative offenses under the Administrative Code of the Russian Federation. The authors also make a number of proposals to amend the Administrative Code of the Russian Federation.
Law practice
Reference:
Dorfman, M.M.
Disciplinary proceeding regarding advocates: experience of the Israeli advocacy bar.
// Law and Politics.
2006. ¹ 3.
P. 147-151.
URL: https://en.nbpublish.com/library_read_article.php?id=49971
Abstract:
Israel is the country with the largest percentage of lawyers per capita in the world. There is one lawyer for every two hundred residents of the country. In this paper, the author examines the main definitions, rules and characteristics of disciplinary proceedings against lawyers in Israel.
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