Theory
Reference:
Kelsen, H.
Judicial guarantee of the Constitution (Constitutional Justice, Part 1)
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50010
Abstract:
This issue of the journal presents Part 1 of the article by a classical Western legal Scholar Gans Kelsen. This article is devoted to the problems of judicial guarantees of Constitution, usually referred to as constitutional justice. From a theoretical point of view, this guarantee was studied in the “General Theory of Law” (Allgemeine Staatslehre, Berlin, 1925). However, from a practical point of view, there is a number of issues related to the best ways to implement it. The author of this article posses a valuable experience of being a Judge of the High Constitutional Court of Austria for several years. The Constitution of Austria, created based on author’s project upon request of the Austrian Government, provides for constitutional justice, which is not provided for by other constitutions…
Theory
Reference:
Zhalinsky, A.E.
A criminological discurs on criminality.
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50011
Abstract:
As the author of this article points out, criminology and sociology are, unfortunately, unable to provide the society with due information on crime and related processes. One of the possible solutions to this problem is development of the social discurs on criminality and use of its results. This article by A.E. Zhalinsky includes characteristics of the problem of criminological discurs, its topicality, positions of the addressees of the discurs. The author also studies the role of criminological discurs within the system of understanding crime, its structure, current states, comes to certain conclusions…
Jurisprudence
Reference:
Kravets, I.A.
Constitutionality of legal acts: Russian doctrine and practice.
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50012
Abstract:
The modern theory of Russian constitutional law currently faces the goal of conceptual development of the position of the Constitution of the Russian Federation within the state’s legal system. In the absence of such a concept, explaining the application of the Constitution, it is rather complicated to correctly form the relationship between the Constitution and other legal acts. Morever, such a concept should be aimed to fight various violations and deviances from the constitutional provisions at the federal level, at the level of the subjects of the Russian federation, and, finally, at the municipal level. The general theory of law includes an axiom on normative unity of normative legal act and its interpretation acts. Some signs of such unity can be found in the practice of the Constitutional Court of the Russian Federation.
Jurisprudence
Reference:
Khachaturov, R.L.
Genesis of legal responsibility (Part 1)
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50013
Abstract:
What is the time of appearance of legal responsibility as a social thing? Most scientists used to respond that responsibility as a social issue and as a mean of social regulation appears at the same time when the very society of humans is formed. This journal presents Part 1 of the complex study of the genesis of legal responsibility, conducted by R.L. Khachaturov. The article includes detailed analysis of legal responsibility in cultures of different peoples, correlation of custom and law, revenge, criminal responsibility and capital punishment, many examples are given. For example, in a village of Gadar in the Russian Caucausus a feud, which started because of the fight over a chicken lasted for more than 200 years (!).
Authority and management
Reference:
Chertkov, A.N.
Introduction of temporary financial administration at the subjects of the Russian Federation.
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50014
Abstract:
Introduction of temporary financial administration at the subject of the Russian Federation is one of the means for the federal government body to act “in the shoes” of the governments of subjects of the Russian Federation, in accordance with the law of the Russian Federation. This article by A.N. Chertkov includes the study of basis and the ways to implement temporary financial administration, its forms and terms of its execution, relevant powers. The author also provides general constitutional and legal characteristics of temporary financial administration as a part of budgetary reform in the Russian Federation. As the author points out, the norms on temporary financial administration should not become a facually non-existent instrument, but at the same time, it should not be applied too widely on the regular basis to push the bodies of the governments of the subjects of the Russian Federation away from realization of their powers in the budgetary sphere.
State institutions and legal systems
Reference:
Bogdanovskaya, I.Y.
Interpretation of constitution in the common law countries.
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50015
Abstract:
This article by I.Y. Bogdanovskaya includes interpretation of written constitutions of three common law countries: USA, Canada and Australia. All three of these countries possess a rather long history of constitutional development, since the Constitution of the USA was adopted in 1787, the Constitution of Australia was adopted in 1900, and the Constitution of Canada consists of a number of acts, adopted within the period of time from 1987 to 1982. That way, these countries possess a lengthy history of judicial interpretation, and analysis of its evolution allows to develop the theory of interpretation…
Transformation of legal and political systems
Reference:
Dobrynin, N.M.
Federalism and constitutionalism in Russia: correlation, reality, conformity.
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50016
Abstract:
The recently celebrated centennial anniversary of the Russian parliamentarism makes us think of the future perspectives of the Russian statehood and of the fortune of the current Constitution of the Russian Federation. The article by N.M. Dobrynin is devoted to the topical problems of Russian constitutionalism and constitutional reform. The author comes to a conclusion that Russia cannot yet boast of possessing true constitutionalism, and offers some ways to improve the situation.
Transformation of legal and political systems
Reference:
Guschina, N..A.
Nature of legal coercion and reward in modern Russian legislation.
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50017
Abstract:
Both legal coersion and legal reward have always remained natural and necessary means for the normal functioning of the legal system within any society. Legal norms, which establish responsibility of subjects may be supported by legal reward,related to due performance under legal norms. An optimal correlation of legal coersion and legal reward within the legislation of the modern Russia is an extremely important step in ensuring stability and safety of social relations.
State security
Reference:
N.I. Kostenko
Role of international law in fighting terrorism.
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50018
Abstract:
The terrorist acts, which were executed in more than 10 states within the last six years, clearly showed that “Al-Kaeda” and related organizations pose a threat for an entire global community. For this very reason, the international law should be at the forefront of fighting terrorism. At the same time, as Professor N.I. Kostenko correctly points out, we cannot diminish the generally accepted values, during this fight. The article includes the study of the UN practice, a number of international conventions on the issues.
International relations: interaction systems
Reference:
Lapteva, K.N.
Role of state courts in application and development of international law: problems and solutions in judicial practice of the Russian Federation and foreign states (part 1)
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50019
Abstract:
Lately it became fashionable to point out the growing role of national courts in application of the international law norms within the legal systems of particular states. How successful are the courts in attaining this goal? Do they prefer to stand aside from international issues, and keep to the familiar sources of national law? In other words, are the courts able to successfully pass the steeplechase, and facilitate application and development of “living” international law, or are they putting a brake on its development? What can be done to make the work of national courts more effective? This article by K.N. Lapteva, part 1 of which, is presented in this journal, is devoted to the study of judicial practice of the courts of a number of states, such as the USA, the UK, the British Commonwealth, the European state as well as Russian practice. The author studies existing problems and solutions found in practice.
International relations: interaction systems
Reference:
Belikova, K.M., Bezbakh, V.V.
Prohibited business practice and its qualifying features under the EU law and the law of MERCOSUR states: Argentina, Brazil, Bolivia, Uruguay, Paraguay, Peru, Chile.
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50020
Abstract:
It should be recognized, that competition, along with the enterpreneurial freedom, is one of the key moving forces behind economic development. That is why its protection is one of the key goals of the modern state and its policies. This article is devoted to the study of legally supported business practice and its qualifying elements under the legislation of the European Union and the South American Common Market (MERCOSUR).
International relations: interaction systems
Reference:
Khasan, M.
Problems of international cooperation in fighting drug crime.
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50021
Abstract:
Fast spread of drugs around the world had truly become a danger to the whole humankind within one last decade. Moreover, illegal sale and trafficking of drugs cross over the borders of specific states and gets to every continent. The speed of spread of narcotic addiction among both large nation and smallish national groups is truly horrendous. This article by M. Khasan is devoted to history of fighting drug crime on the international level, as well as to the study of solutions found in particular nation states an cooperation between particular states, such as the USA and Mexico.
International relations: interaction systems
Reference:
Yurieva, Y.P.
Corporate conflicts at the Russian joint-stock companies.
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50022
Abstract:
Any corporate conflict has a potential of impeding the company’s growth, making the situation more uncertain, and constructive development less likely. Thus, the corporate conflict based upon confclicting interests of different parties may cause much harm to the company, both in material losses and lost profits. In order to avoid such conflicts in a company, one should not only see the causes for such conflicts, but also predict the means to overcome the tension. The author of this article studies the above-mentioned problem, including the specific features of Russian corporate conflicts.
Biblion
Reference:
Results of the professional contest: \"Legal Russia\"
// Law and Politics.
2006. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50023
Abstract:
On May 29, 2006 the award ceremony for the winners and laureates of the all-Russian professional contest \"Legal Russia\" was held at the \"Sheraton Palace\" hotel in Moscow. The competition held by the Russian Association of Legal Information \"Garant\" attracted over 7000 participants from 373 cities and towns all over Russia. The results of the contest, number and geographical span of participants clearly showed the unity of interests of participants, organizers and jury.. Russian legal professionals shall sure have opportunities for growth in the future, since the contest shall become annual.
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