Theory
Reference:
Kelsen, H.
Judicial guarantee of the Constitution (Constitutional Justice, Part 2)
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50024
Abstract:
This issue of the journal presents Part 2 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:
Basiev, M.N.
On the issue of concept of constitutional legal responsibility.
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50025
Abstract:
This article by M.N. Basiev is devoted to the study of various concepts fo constitutional violations, as well as to their elements. The author studies the positions of renowned legal scholars, practice of the Constitutional Court of the Russian Federation, practice of the foreign states (such as Czhech Republic). The author’s studies show the ambiguity of views on the issue of construction of the above-mentionec concept. It is also noted that application of various forced measures to the participants of the constitional legal relation is often based on a variety of political and legal moments.
Jurisprudence
Reference:
Malinovsky, A.A.
Inadmissibility of abuse of right as a general legal principle.
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50026
Abstract:
The issue of understanding of the role and value of prohibition of abuse of right in the sphere of legal regulation of relations among the people have always caused much discussion and the opinions on this issue vary greatly. For example, it is often offered to see this provision as a regular prohibiting norm, a limit to execution of a subjective right, a principle within a branch of law. At the same time, in the author’s opinion it is more appropriate to characterize the inadmissibility of abuse of right as a general legal principle…
Jurisprudence
Reference:
Khachaturov, R.L.
Genesis of legal responsibility (Part 2, final)
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50027
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 2 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:
Dzidzoev, R.M., Stepanenko, D.M.
The institution of dissolution of parliament in Russia.
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50028
Abstract:
This article is devoted to the topical issues of dissolution and self-dissolution of the representative body of government in Russian, as a measure of legal responsibility, or alternatively, as means of constitutional legal influence. As the authors point out, in all cases dissolution of the representative body of state government should be viewed as means to overcome the government crisis, as a constitutional way to ensure the continuity of the state government, as an extreme yet necessary measure aimed to overcome the conflict among the branches of the state power.
State institutions and legal systems
Reference:
Sergeev, Y.V.
Organization of judicial bodies of administrative justice, as established in the Russian Federation.
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50029
Abstract:
As the author of the article points out, the development of the judicial system in the Russian Federation causes pressing problems, which, if adequately solved, allow to make the work of the courts more efficient, and to exclude crossing jurisdictions.The existing problems, experiences by the courts of the general jurisdiction should not be passed to the administrative courts.
State institutions and legal systems
Reference:
Mironov, N.M.
Constitutional and international legal bases for the system of election committees in the Russian Federation.
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50030
Abstract:
This article contains the study of the system and principle, upon which the activities of the election commissions are based in the Russian Federation, as well as of applicable norms, created by the Council of Europe and by the CIS. Is there need to amend the Constitution of the Russian Federation in order to bring the system of election comissions into accordance with the international standards? N.M. Mironov offers his own answer to this question.
Transformation of legal and political systems
Reference:
Prok, M.A.
Comparative analysis of Russian and foreign legislation on state registration of political parties (examples of Ukraine, Germany, France and Mexico.
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50031
Abstract:
State registration of political parties is the pricess which as to be constantly changed and improved as the political situation in a state gets changed. Of course, experience of foreign state can prove valuable for the future improvement of the system of state registration of political parties in the Russian Federation. This article by M.A. Prok contains analysis of the relevant legislation of a number of European states, as well as of one South American state.
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 2, final)
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50032
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:
Nakashidze, M.R.
Institutional and legal bases of formation and activities of the International Tribunal for the Former Yugoslavia (ICTY) and its input to the progressive development of modern international law.
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50033
Abstract:
This article by M.R. Nakashidze contains analysis of the activities of the ICTY, as formed by the UN Security Council Resolution in 1990s, and its impact into the development of modern international law. The article also touches upon such issues as legality of the formation of the tribunal, its goals and the types of crimes, that it deals with.
Transnational interests
Reference:
Nikolaev, A.V., Petchenko M.A.
Offshore financial centers and maritime activities.
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50034
Abstract:
As the authors note, in spite of the presence of anti-offshore measures in the modern international law, it is quite clear that international offshore business is a reality of modern international economy, which is an evidence of competetiveness of national economies and tax systems in the sphere of lowering the tax burden and attracting investments. It is likely that in the future the offshore finance centers shall be developing, rather than decreasing…
Stabilization systems: fiscal control
Reference:
Arslanbekova, A.Z.
Problems of application of responsibility for the violations of budget legislation .
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50035
Abstract:
Currently due to the development of budget legislation some institutions of budget law gain new meaning. One fine example is the instititution of responsibility for the violations of budget legislation. Since it is necessary to ensure obedience to the budget discipline, there came a new type legal responsibility – financial legal responsibility, as enshrined in the modern budget legislation. The article by A.Z. Arslanbekova is devoted to the topical issues in this sphere.
Human and state
Reference:
Djagaryan, A.A.
A citizen of the Russian Federation as a constitutional subject of a right for election campaigning.
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50036
Abstract:
The right of citizens for the election campaigning is an inalienable part of the basic election right. If this element is not recognized, it damages the footing of the very institution of democratic elections, and makes the elected government bodies illegitimate. Hence, normative regulation of election campaigning should ensure the right of the people to take part in the election campaign, as well as provide efficient legal means to implement this type of activity.In this case effectivity is a key criterion of reality of this important constitutional right…
Practical law manual
Reference:
Mukhamet-Irekle, A., Rysmukhametova, S.A.
Return of deposit accounts: from simple to complicated. Part 4.
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50037
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.
Biblion
Reference:
Farkhutdinov, I.Z.
Parliamentarism at the service of the peoples.
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50038
Biblion
Reference:
Avakyan, S.A.
Federalism in Russia: experience and practice. The review of the monograph by N.M. Dobrynin \"Russian federalism: formation, modern state and perspectives\"
// Law and Politics.
2006. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=50039
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