INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Zhalinsky, A.E.
Criminal policy and the goals of criminal law.
// Law and Politics.
2006. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=49991
Abstract:
In this article Professor Zhalinsky studies the problems related to the legal construction of goals of criminal law under Article 2 of the Criminal Code of the Russian Federation. As he points out, it is of paramount importance that these goals are understood correctly by both the society and the government, duly developed and sufficient for the optimization of the criminal policy both in legislative and law-enforcement aspects, that these goals are supported by the people. The author studies a number of problems related to legislative reglamentation of the goals of criminal law, as well as their reflection in the law-enforcement practice, analyses their nature, its social and legal aspects.
Question at hand
Reference:
Volosnikova, L.M.
Academic freedom as a legal principle: philosophical legal tradition and modern state.
// Law and Politics.
2006. ¹ 6.
P. 4-12.
URL: https://en.nbpublish.com/library_read_article.php?id=49984
Abstract:
The doctrine of academic freedom is a well-established tradition in the Western phylosophy of law and it is provided for the in the legislation of many states. However, Russian legal science traditionally paid less attention to it, with some exceptions. This article by L.M. Volosnikova is devoted to the problems of academic freedom, its phylosophical and legal aspects. In particular, she studies the works of Sergey Iosifovich Gessen (1887-1950), his understanding of the structure of culture, role and place of academical freedom within this structure…
Theory
Reference:
Nagan, W., Hammer C.
The New Bush National Security Doctrine and the Rule of Law (part 2).
// Law and Politics.
2006. ¹ 6.
P. 13-22.
URL: https://en.nbpublish.com/library_read_article.php?id=49985
Abstract:
This issue of our journal presents to the readers part 2 of the article by American legal scholars Professor Winston Nagan and Craig Hammer, which is devoted to the topical problems of correlation between the new national security policy of President George W. Bush (and the “preemptive strike” doctrine) and the standards of international law, as well as needs of international community. As the authors note, the “questions central to U.S. foreign relations are whether these interests are consistent with international law; whether the United States seeks to modify international law to secure its interests; or whether foreign policy makers see the need to significantly change international legal standards»… and whether they succeed?
Transformation of legal and political systems
Reference:
Belyaev, S.A.
Some issues on development of international legal counteraction to discrimination.
// Law and Politics.
2006. ¹ 6.
P. 23-53.
URL: https://en.nbpublish.com/library_read_article.php?id=49986
Abstract:
This article by S.A. Belyaev is devoted to the study of the non-discrimination principle in the international law. As the author points out, while this principle forms the basis for protection of human rights, it is not sufficiently studied as an institute of common international law, while being widely applied. This article contains analysis of codifications of the non-discrimination principle,its universal and regional sources, its definition, classification of its subjects and objects. The author also studies various mechanisms of practical, consultational, mediatory, quasi-judicial and judicial measures, which are aimed to apply the provisions of international law and to prevent or punish discrimination.
Transformation of legal and political systems
Reference:
Tumanov, D.A.
Legal interpretation and gaps in civil procedural law.
// Law and Politics.
2006. ¹ 6.
P. 54-80.
URL: https://en.nbpublish.com/library_read_article.php?id=49987
Abstract:
The common point of view among the Russian scholars is that the gaps in law cannot be cured by interpretation. Is it always true? Or are there any exceptions? This article by D.A. Tumanov is devoted to the study of specific types of legal gaps, and role of legal interpretation and legislative techniquest in overcoming those gaps. The author also studies a number of problems related to the analogy of law and official interpretation as means of overcoming legal gaps.
Transformation of legal and political systems
Reference:
Guzei, S.V.
The key problems of process at the International Court of Justice and the development of norms of international procedure.
// Law and Politics.
2006. ¹ 6.
P. 80-87.
URL: https://en.nbpublish.com/library_read_article.php?id=49988
Abstract:
In this article by S.V. Guzei, he studies topical issues of jurisdiction and competence of the International Court of Justice, including the principle of forum prorogatum in the legal practice of the Court, as well as of its predecessor – the Permanent Chamber of International Justice. The author also reviews the issues of application of temporary measures by the International Court of Justice, and he comes to a conclusion that the practice of the Court show that the principle of obligatory temporary measures is supported in the state practice.
International relations: interaction systems
Reference:
Novikova, S.N.
International cooperation in the sphere of power industry between the Power Industry Council of the CIS and international organizations, large international companies.
// Law and Politics.
2006. ¹ 6.
P. 88-102.
URL: https://en.nbpublish.com/library_read_article.php?id=49989
Abstract:
After the breakup of the Soviet Union and formation of 15 independent states within its territory the problem of international cooperation in the sphere of power industry and its normative regulation became extremely topical. So, from the point of view of cooperation and due balance among the power industries of various states, it is rather interesting to study the cooperation between the international regional power industry organization – The Power Industry Council of the CIS and other similar organizations, as well as the transnational power companies.
International relations: interaction systems
Reference:
Myasnyankin, V.N.
Problems of direct application of the “Council of Europe law” in the Russian Federation.
// Law and Politics.
2006. ¹ 6.
P. 103-117.
URL: https://en.nbpublish.com/library_read_article.php?id=49990
Abstract:
Today the Council of Europe is one of the most recognized and widely represented international organizations. It unites 40 European states, and this is more states than there are in any other European international organization. This article by V.N. Myasnyankin is devoted to the topical issues of obligations of the Russian Federation under the “Council of Europe law”, he also studies the practice of the European Court of Human Rights, such as the Maslov v. the Russian Federation case.
Stabilization systems: fiscal control
Reference:
Kayumov, R.I.
“Political risks: how to secure foreign investments?”
// Law and Politics.
2006. ¹ 6.
P. 127-136.
URL: https://en.nbpublish.com/library_read_article.php?id=49992
Abstract:
The problems of protection of foreign property are of special importance in the conditions of instability in development of the economy of the Russian state. And like any other state, Russia is very interested in attracting foreign investment to its national economy, which calls for formation of an adequate national policy in this respect. One of the key goals of any such policy is provision of guarantees of protection from various types of requisition of foreign property. This article provides us with the study of various forms of direct and indirect expropriation of property, as well as of the institution of subrogation (ensurance of investments). The author studies various ensurance schemes, and participation of various international organizations in such schemes.
Law and order
Reference:
Shelkovnikova, E.D.
Terrorism: specific features of its criminological characteristics and problems of its prevention.
// Law and Politics.
2006. ¹ 6.
P. 137-141.
URL: https://en.nbpublish.com/library_read_article.php?id=49993
Abstract:
It is clear that terrorism as a whole is always closely connected to social, political and spiritual contraditions, which exist in the Russian society and state. The scale, direction and the gravity of consequences make terrorism highly dangerous for Russia, and for this very reason the Concept of national security of the Russian Federation names growing scale of terrorism as one of the key internal and external threats to the national security of the state. This article by E.D. Shelkovnikova includes criminological analysis of terrorism, as well as scientifically-based provisions on improvement of measures for fighting it.
Practical law manual
Reference:
Abdulmyanov, I.M.
Legal nature of the leasing contract.
// Law and Politics.
2006. ¹ 6.
P. 142-147.
URL: https://en.nbpublish.com/library_read_article.php?id=49994
Abstract:
Topicality of leasing contracts in Russia and the need for formation of the leasing market are due to the generally bad condition of machinery, which is used by the Russian enterprises. Much of such machinery is outdated and non-efficient, there is a lack of spare parts, etc. One of the ways to solve such problems is leasing…
Biblion
Reference:
Kulikov, V.B.
Russian federalism: genesis, evolution and perspectives.
// Law and Politics.
2006. ¹ 6.
P. 148-151.
URL: https://en.nbpublish.com/library_read_article.php?id=49995
Abstract:
This book by N.M. Dobrynin is of paramount importance for an adequate evaluation of the new Russian federalism. It continues the line of his previously published monographs on federalism, and based on existing theoretical, methodological and historical developments the author now comes to the study of the current state of Russian federalism. N. M. Dobrynin studies modern federal relations in the process of their evolution onto a new perspective stage, he provides analysis of their potential, and the key directions of development.
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