Reference:
The award ceremony for Oleg E. Kutafin in Kremlin
// Law and Politics.
2007. ¹ 12.
P. 5-5.
URL: https://en.nbpublish.com/library_read_article.php?id=50351
Abstract:
On October 9, 2007 in Kremlin Academician Oleg E. Kutafin was awarded an order “For the Service to the Motherland” of the 1st Degree. As the President of the Russian Federation V.V. Putin noted, Academician Kutafin had made a great impact on development of the legal science and have been active in both pedagogical and social issues for a number of years…
Anniversaries
Reference:
Baitin, M.I., Kasaeva, T.G.
The key directions of the connections between the realistic theory of law and the modern reality of the Russian society.
// Law and Politics.
2007. ¹ 12.
P. 5-5.
URL: https://en.nbpublish.com/library_read_article.php?id=50401
Abstract:
The idea of a jural state have been the subject of analysis of many thinkers from the ancient times and to the present day. This article is devoted to the ideas of Rudolph fon Yering, his key ideas on law, legality, and the state…
Theory
Reference:
Chertkov, A.N.
Reformation of the federal relations and harmonization of the federal legislation and the competence of the federal and regional state power bodies.
// Law and Politics.
2007. ¹ 12.
P. 6-11.
URL: https://en.nbpublish.com/library_read_article.php?id=50350
Abstract:
As the author of this article points out, reform of the federal relations in its current stage calls for improvement and harmonization of the competence of federal and regional government bodies. This article contains analysis of the current stage of the reform.
Authority and management
Reference:
Ashurbekov, T.
Strategic goals of the Prosecution bodies aimed to insure the national interest in the foreign political sphere.
// Law and Politics.
2007. ¹ 12.
P. 12-20.
URL: https://en.nbpublish.com/library_read_article.php?id=50349
Abstract:
The value of the Prosecution within the scope of ensuring the national interests of the Russian Federation is due to the legal status of the Prosecution bodies, it character and correlation to the state power bodies, the importance of its functions. This article concerns itself with the strategic aspect.
Transformation of legal and political systems
Reference:
Kurakin, A.V.
Theoretical and practical problems of realization of the administrative legal means aimed to prevent and stop corruption within the system of the state service at the militia of the Russian Federation.
// Law and Politics.
2007. ¹ 12.
P. 21-28.
URL: https://en.nbpublish.com/library_read_article.php?id=50348
Abstract:
Corruption within the internal affairs state service (militia) obviously is highly dangerous for the society due to the very nature of the variety of functions of militia. Currently fighting corruption in the Russian militia is a priority sphere. This article by A.V. Kurakin is devoted to theory and practice of fighting corruption in the militia, it also contains the comparative analysis with the measures taken to deal with similar problems in the foreign states.
State security
Reference:
Turko, A.N.
Topical problems related to use of equivalent compensation in application of customs regime of production of military machinery at the customs territory.
// Law and Politics.
2007. ¹ 12.
P. 29-36.
URL: https://en.nbpublish.com/library_read_article.php?id=50347
Abstract:
The customs legislation now poses a problem, related to the impossibility of repairs of the goods, which were earlier provided for the export, by provisions of equivalent Russian goods to exchange for broken ones, if one puts these goods under the regime of the remaking on the customs territory. This article is aimed to define the nature of this problem in its theoretical and practical aspects …
Stabilization systems: government control
Reference:
Gubareva, T.G.
Status of the foreign currency regulation and control bodies in the light of the current administrative reform.
// Law and Politics.
2007. ¹ 12.
P. 37-41.
URL: https://en.nbpublish.com/library_read_article.php?id=50346
Abstract:
Even after the foreign currency limitations were taken away, the problem of “separation of powers” among the bodies, implementing foreign currency regulation and control did not vanish. In order to understand how the existing situation reflects the constitutional provisions on the separation of powers, one has to study the role of each of such institutions, which is the subject of this article.
Stabilization systems: fiscal control
Reference:
Shilenko, M.V.
The right to self-defense in the light of the Iraq problem.
// Law and Politics.
2007. ¹ 12.
P. 42-46.
URL: https://en.nbpublish.com/library_read_article.php?id=50345
Abstract:
The intrusion of the Coalition powers into Iraq in 2003 was based on the assumption that Iraq possesses mass destruction weapons and the means of their employment, as well as retains close relations with various international terrorist organizations, especially the Al-Quaeda. However, these statements did not find adequate proof. Is the argument of the USA on self-defense from the unavoidable danger adequate?
International security systems
Reference:
Rabtsevich, O.I.
Internationalized criminal tribunals as international criminal justice bodies.
// Law and Politics.
2007. ¹ 12.
P. 47-55.
URL: https://en.nbpublish.com/library_read_article.php?id=50344
Abstract:
From the late 90s of the XX century many “new formation” international judicial bodies appeared. They cannot be called international courts, however, they are not fully national judicial institutions. One may then speak of the “mixed character” tribunals. They are sometimes called “quasi international courts”, “internationalized domestic tribunals», “sui generis court of mixed jurisdiction», “hybrid courts”. As the title of the article clearly shows, the author prefers to call them internationalized tribunals, and this article is devoted to the study of such tribunals.
International relations: interaction systems
Reference:
Aliev, N.A.
Legal status of a witness in the criminal process in the Russian Federation.
// Law and Politics.
2007. ¹ 12.
P. 56-60.
URL: https://en.nbpublish.com/library_read_article.php?id=50343
Abstract:
The Criminal Procedural Code of the Russian Federation for the first time legislatively provided for the procedural legal status of a witness as an independent participant of the criminal process with functions, rights and obligations. This article by N. A. Aliev is devoted to the elements of the legal status of a witness in a criminal process in comparison with the status of an individual and its elements.
Law and order
Reference:
Kolyasinsky, A.Z.
Principles of non-state security.
// Law and Politics.
2007. ¹ 12.
P. 61-72.
URL: https://en.nbpublish.com/library_read_article.php?id=50342
Abstract:
As the author of this article points out a the very process of normative legal regulation of non-state (private) security activities stops due to lack of proper study of its principles. This article is devoted to principles of the non-state security activity.
Law and order
Reference:
Gladysheva, O.V.
Presumption of innocence in the fair judicial proceedings.
// Law and Politics.
2007. ¹ 12.
P. 73-79.
URL: https://en.nbpublish.com/library_read_article.php?id=50341
Abstract:
Realization of the presumption of innocence in practice includes a number of evidence-related problems. And often the solutions offered presuppose very active position of a person himself. At the same time one of the modern problems of the criminal process in Russia is passive position of the defense in the sphere of evidence, due to the absence of obligation to prove innocence of a person in question. The author considers that the existing definition of presumption of innocence fails to motivate the defense.
JUDICIAL POWER
Reference:
Lazareva, V.A., Razveikina, N.A.
Inner assurance of the members of the jury
and some aspects of its formation.
// Law and Politics.
2007. ¹ 12.
P. 80-81.
URL: https://en.nbpublish.com/library_read_article.php?id=50339
Abstract:
The problem of inner assurance within the context of the criminal process is not a new one. However, there is still no unified approach to the functional goal of the inner assurance. At the same time one shouldn’t say that the problem of inner assurance is purely procedural, since it has a psychological aspect to it, and cannot be considered a purely legal category. That is why, the authors turned to those studying legal psychology and found different approaches to legal assurance…
JUDICIAL POWER
Reference:
Seidova, Sh.G.
Geopolitical aspects of informatization of the society.
// Law and Politics.
2007. ¹ 12.
P. 82-87.
URL: https://en.nbpublish.com/library_read_article.php?id=50352
Abstract:
The changes, which took place in the late XXth century due to new information technologies and related changes in government, education, mass communications had their influence in the sphere of foreign policy. And the influence of informatization on geopolitics is the subject of study in this article.
Public communications
Reference:
Gubayuk, V.Y.
Consumer credit cooperatives of citizens:
issues of state regulation of their activities.
// Law and Politics.
2007. ¹ 12.
P. 88-91.
URL: https://en.nbpublish.com/library_read_article.php?id=50353
Abstract:
As the author of this article points out the need for the state control over the activities of the Consumer credit cooperatives of citizens is due to need to guarantee social protection to the participants of the relations in question, since the practice shows that the CCCC are not able to provide for it on their own…
Public communications
Reference:
M.B. Napso
The collective right to national identity
or the cultural rights of an individual?
// Law and Politics.
2007. ¹ 12.
P. 92-98.
URL: https://en.nbpublish.com/library_read_article.php?id=50354
Abstract:
For a long time by now there have been prophesies of the death of the national identities due to globalization. However, the current tendencies seem quite the opposite. The world seems to witness a revival of interest to local identities. What are the causes of it? The author takes the EU as an example.
Anthropology of law
Reference:
Pashentseva, S.V.
Stages of development of gender equality in Russia.
// Law and Politics.
2007. ¹ 12.
P. 99-106.
URL: https://en.nbpublish.com/library_read_article.php?id=50355
Abstract:
The gender studies are becoming especially topical nowadays. And the principles of gender equality should be based on the experience from the past. This article is devoted to the gender problems in the Russian Federation.
Anthropology of law
Reference:
Kozhevnikova,O.A.
The “defective” law-making of the state bodies as the first step towards the violation of citizens’ rights.
// Law and Politics.
2007. ¹ 12.
P. 107-112.
URL: https://en.nbpublish.com/library_read_article.php?id=50356
Abstract:
Recognition and protection of the basic rights and freedoms of individual and citizen form an obligation of any state. The legal acts passed by the government bodies should be aimed to provide for the successful fulfillment of this obligation. However, the practice shows the opposite, and there’s much confusion…
Discussion forum
Reference:
Galuzin, A.F.
Legal security as an independent type of security.
// Law and Politics.
2007. ¹ 12.
P. 113-116.
URL: https://en.nbpublish.com/library_read_article.php?id=50357
Abstract:
The problem of security have always been one of the key problems of any state. Prior to XX century security was mostly viewed as an external security, protection of borders, or, as an internal security, including dealing with criminals, revolutionaries and the opposition. However, in late XIX – early XX century the issues of security of an individual came into discussion. This article by A.F. Galuzin is devoted to legal security.
Jurisprudence
Reference:
Matygulin, T.S.
On the issue of sources of the enterprise law.
// Law and Politics.
2007. ¹ 12.
P. 117-125.
URL: https://en.nbpublish.com/library_read_article.php?id=50358
Abstract:
Currently, there’s no unified opinion among the legal scholars on the sources of the enterprise law. This article is aimed to provide for the key elements and definitions of the sources of enterprise law, and it also includes comparison with the practice of the foreign states.
Jurisprudence
Reference:
Kuchin, O.S., Poleschuk, O.V.
Use of collections in investigation of crimes related to illegal turnover of precious stones and metals.
// Law and Politics.
2007. ¹ 12.
P. 126-130.
URL: https://en.nbpublish.com/library_read_article.php?id=50359
Abstract:
In the legal studies the issue of expertise in cases of illegal turnover of precious metals and stones is rarely raised, and there are no specific methodological provisions for such an expertise. As the authors of this article point out, analysis of the criminal cases on crimes related to the illegal turnover of precious metals and stones showed certain shortcomings in the judicial chemical, geological, mineralogical, physical and other types of expertise…
Practical law manual
Reference:
Prischepa, V.P., Yarovenko, V., Krasnova, N.V., Poleschuk, O.V.
Use of criminalistic knowledge in notary registration of immovable property deals.
// Law and Politics.
2007. ¹ 12.
P. 131-135.
URL: https://en.nbpublish.com/library_read_article.php?id=50360
Abstract:
The reform of the civil legal relations leads to the general criminalization of the sphere of turnover of immovable property. The crimes related to immovable property often include serious harm to life and health of the victims…This article concerns itself with use of criminology in the sphere of notary activities related to immovable property.
Practical law manual
Reference:
Yeremyan, V.V.
Legal system of the medieval Russia: is the thesis of the nomadic (ancient Mongol) influence fair?
// Law and Politics.
2007. ¹ 12.
P. 136-140.
URL: https://en.nbpublish.com/library_read_article.php?id=50361
Abstract:
As the author points out, the idea of this article is to show the transformation of the “monarchy” (the Princes) and the “democratic” (veche) elements of the political system of the medieval Russia, place and role of the outer “Asian” factor. What was the degree of the mutual influence of the two systems of law – ancient Russian based on agricultural and community based relations and the nomadic and tribal ancient Mongol system?
History of state and law
Reference:
Farkhutdinov, I.Z.
Europe without Russia? Regional European
Congress (August 2-4, 2007, Berlin) in the eyes of a participant.
// Law and Politics.
2007. ¹ 12.
P. 141-144.
URL: https://en.nbpublish.com/library_read_article.php?id=50362
Abstract:
The Regional European Congress, which took place on August 2 to 4, in Berlin, Germany was a notable event. This scientific forum included over 400 legal scholars from 38 states. Professor I.Z. Farkhutdinov, who participated in this event, kindly agreed to inform us of the key problems and topics, which were discussed at this forum.
Academic life
Reference:
I. Z. Farkhutdinov
In memory of academic V.N. Kudryavtsev.
// Law and Politics.
2007. ¹ 12.
P. 145-149.
URL: https://en.nbpublish.com/library_read_article.php?id=50363
Abstract:
A significant event in the field of European cooperation was the Regional European Congress, which took place on August 2-4 this year in Berlin, the capital of Germany. More than 400 researchers from 38 countries participated in this scientific forum, not only from Europe, including Russia, but also from the USA, Canada, and Japan. One of the participants of this European Congress was a Doctor of Law, senior researcher at the Center for International Legal Studies of the Institute of State and Law of the Russian Academy of Sciences, a member of the Russian Association of International Law, who is concurrently Deputy editor-in-Chief of the All-Russian scientific legal journal “Law and Politics” Insur Zabirovich Farkhutdinov, who kindly agreed to talk about the most important topics and problems discussed at such a representative conference.
In memorium
Reference:
In memory of Academician Vladimir Nikolaevich Kudryavtsev.
// Law and Politics.
2007. ¹ 12.
P. 150-151.
URL: https://en.nbpublish.com/library_read_article.php?id=50364