Theory
Reference:
Grishina, E.P.
Special knowledge as a key characteristic feature of informed persons.
// Law and Politics.
2006. ¹ 7.
P. 5-14.
URL: https://en.nbpublish.com/library_read_article.php?id=49996
Abstract:
Modernization of the judicial and investigative practice created new opportunities for the use of special knowledge of specialists (informed persons) in order to establish circumstances of particular cases. At the same time there’s a number of problems related to definition of special knowledge, since phylosophical and linguistic definitions fail to reflect legal specifics of this term. The article by E.P. Grishina is devoted to above-mentioned problems.
Theory
Reference:
Kushkhov, R.A.
The problem of correlation of condictional and delict-based claims for the protection of civil rights.
// Law and Politics.
2006. ¹ 7.
P. 15-20.
URL: https://en.nbpublish.com/library_read_article.php?id=49997
Abstract:
This article is devoted to the problem related to distinguishing the claims based on damnification and based on unjust enrichment. As the author of this article points out, the existing problem is largely due to imperfections of civil legislation of the Russian Federation. The article includes analysis of distinctions and similarities of the two types of claims, the author makes propositions on the ways to overcome the existing practical difficulties.
Transformation of legal and political systems
Reference:
Dobrynin, N.M.
Economical federalism in the Russian Federation: nature, practice and forecasts.
// Law and Politics.
2006. ¹ 7.
P. 21-32.
URL: https://en.nbpublish.com/library_read_article.php?id=49998
Abstract:
This article by N.M. Dobrynin is devoted to the topical problems of Russian federalism. In particular, the article is devoted to the economical issues, such as budgetary provisions, perspectives of enlargement of the subjects of the Russian Federation, principles of subsidiarity in action. The author also studies existing organizational opportunities, makes offer on constitutional regulation of above-mentioned issues. He also points out that the existing division of subjects of the Russian Federation being the heritage of the Soviet Union, does not meet the modern challenges and needs to be changed.
Transformation of legal and political systems
Reference:
Salin, P.B.
Some problems related to legal regulation of self-regulating organizations.
// Law and Politics.
2006. ¹ 7.
P. 33-37.
URL: https://en.nbpublish.com/library_read_article.php?id=49999
Abstract:
Legalization of the fenomenon of self-regulating organizations in the Russian economy started as a reaction of the state to abrupt complication of the social and legal relation after the economic reforms of the 1990s. With time it became obvious that self-regulating organizations formed an institution of Russian economy, which was more than a temporary thing. In fact this institution allowed to lift the burden off the shoulders of the executive branch, and at the same time it allowed to control certain elements of economics more effectively. Currently, further development of this institution is at issue. The author also analyzes the legislative draft “On self-regulating organizations”, its positive and negative pictures.
State institutions and legal systems
Reference:
Belikova, K.M.
Abuse of dominant position in legislation, doctrine and legal practice of the European Union and the states of the South American Common Market – Argentina, Brazil and Peru.
// Law and Politics.
2006. ¹ 7.
P. 38-52.
URL: https://en.nbpublish.com/library_read_article.php?id=50000
Abstract:
The article of K.M. Belikova is devoted to topical issues of legal regulation of abuse of dominant position in the EU and the South American Common Market. Author studies the practice of the European Union, as well as of Argentina, Brazil and Peru, compares the practice, draws conclusions.
Transnational interests
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 7.
P. 53-67.
URL: https://en.nbpublish.com/library_read_article.php?id=50001
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.
Transnational interests
Reference:
Popov, M.S.
Activities of the international economic organizations related to formation of international legal norms.
// Law and Politics.
2006. ¹ 7.
P. 68-74.
URL: https://en.nbpublish.com/library_read_article.php?id=50002
Abstract:
Constant growth of importance of international economic organization in the process of formation of international legal norms forms new problems to be studies by legal scholars, such as which forms of participation of international economic organizations in international legislative process are the most effective, how their competence should be widened, and what are the borders of their “implied competence” and “immanent competence”…M.S. Popov studies these problems in his article.
Stabilization systems: fiscal control
Reference:
Khairyuzov, V.V.
Some problems related to legal regulation of transborder bancruptcy.
// Law and Politics.
2006. ¹ 7.
P. 75-81.
URL: https://en.nbpublish.com/library_read_article.php?id=50003
Abstract:
This article by V.V. Khairyusov is devoted to certain legislative and practical problems, related to the bancruptcy of transnational corporation. The author reviews both Russian (an example of “YUKOS” ) and foreign practice, applicable norms of international law, studies the problems related to recognition of decisions of the foreign courts, studies a number of cases, such as Maxwell Communication Corporation (MCC).
Practical law manual
Reference:
Berbekhov, A.H.
Losses as a prerequisite of civil legal responsibility of parties under the building contract.
// Law and Politics.
2006. ¹ 7.
P. 115-121.
URL: https://en.nbpublish.com/library_read_article.php?id=50004
Abstract:
Losses are material prerequisites for the civil legal responsibility of parties under the building contract. The article by A.H. Berbekov is devoted to certain legal aspects as well as to classification of losses as a condition of responsibility under a building contract.
Practical law manual
Reference:
Mukhamet-Irekle, A.
Return of deposit accounts: from simple to complicated. Part 3 (final).
// Law and Politics.
2006. ¹ 7.
P. 122-129.
URL: https://en.nbpublish.com/library_read_article.php?id=50005
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.
Practical law manual
Reference:
Smirnykh, S.E.
Issues of realization of the taxpayers’ right to receive truthful information on taxes and levies.
// Law and Politics.
2006. ¹ 7.
P. 130-135.
URL: https://en.nbpublish.com/library_read_article.php?id=50006
Abstract:
Article 21 of the Tax Code of the Russian Federation embodies the right of taxpayers to receive at the tax office, where they are registered, free of charge information (including written form) on existing taxes and levies, legislation on taxes and levies, and related normative acts. However, this right of taxpayers is largely declarative and is not supported by any efficient mechanism of implementation.This article is devoted to the problems related to taxpayers’ rights under Article 21 of the Tax Code. As the author points out, up to this time there are no provisions on responsibility of tax officials for the deliberate deceit of taxpayers.
Biblion
Reference:
Chubukov, Georgy Vasilievich.
Pure constitutionalism as a legal theory of relativity. (Mukhamet-Irekle, A. Realization of social rights of a citizen within the evolutional development of the Russian Federation. From Pseudo-Science to Methodology of a Constitutional and Socially-Oriented State. – UFA, RIO, BashSU, 2005 – 342 p.
// Law and Politics.
2006. ¹ 7.
P. 136-138.
URL: https://en.nbpublish.com/library_read_article.php?id=50007
Abstract:
As the author of the review, Professor Chubukov notes, it’s not that often in modern science that we are promised a new scientific paradigm, as stated in the monograph by A. Mukhamet-Irekle. As A. Mukhamet-Irekle contends, his theory of “pure constitutionalism” carries a comparable value to Albert Einstein’s theory of relativity, since both these theories explain physical and spiritual phenomena of the world around.
Biblion
Reference:
Farkhutdinov, I.Z.
International law: young and eternal (Lukashuk, I.I., V.1 International Law. General Part. Textbook for lawschools. Russian Academy of Sciences. Institute of State and Law, Academic Legal University, - 3rd ed., M. Walters Kluwer, 2005. – 432 p. V.2 International Law. Specific provisions. 544 p.)
// Law and Politics.
2006. ¹ 7.
P. 139-145.
URL: https://en.nbpublish.com/library_read_article.php?id=50008
Abstract:
The bookshelf of an international lawyer can now be enriched by a new fundamental work by one of the most distinguished Russian legal scholars: Igor Ivanovich Lukashuk. The above-mentioned book in two volumes is one of a kind author’s textbook on international law in Russian both by its sheer size and by its content and conceptual approach to problems and tendencies of Russian legal science and practice.
Biblion
Reference:
Farkhutdinov, I.Z.
Where shall the international economical law turn: to the “poor South” or to the “rich North”?
Velyaminov, G.M. International economical law and process (Academical course) Textbook/ Moscow: Walters-Kluwer, 2004. – 495 p. ISBN 5-446-00029-9
// Law and Politics.
2006. ¹ 7.
P. 146-151.
URL: https://en.nbpublish.com/library_read_article.php?id=50009
Abstract:
The book, which is reviewed in this article is the most detailed study of international economical law and process, which holds both practical and scientific importance. Among other issues Professor Velyaminov gives definitions of international economical law and international economical process, international property law as a subdivision of international economical law, extravert and intravert liberalization (protectionism). He also provides a detailed study on the impact of globalization on the international economical law and Russia…
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