Authority and management
Reference:
Trubitsina, T.A.
The institution of analogy in the Russian law.
// Law and Politics.
2007. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=50095
Abstract:
The attitude of scientists towards analogy in law is dubious. The analogy seems close to the Anglo-Saxon system of law (and it is often compared to the precedent), and for this reason some legal scholars representing Roman – German legal system seem to be skeptical towards it and consider that it might lead to violations of separation of powers. Nevertheless, application of norms and principles of law by analogy in the absence of legal norms regulating particular relations is rather widespread in practice. This article by T.A. Trubitsina is devoted to application of analogy of law and legislative act in Russian Federation.
Theory
Reference:
Tsarkov, I.I.
Revolution’s “law”.
// Law and Politics.
2007. ¹ 1.
P. 5-9.
URL: https://en.nbpublish.com/library_read_article.php?id=50092
Abstract:
Does the Revolution create a new order, or does it only ruin the old order without creating any substitute for it? This question is of central value for the theory and practice of law, since the revolution claims to form a new order…but does it do it? Is there such a thing as “Revolution’s Law”?
Theory
Reference:
Basharatyan, M.K.
Freedom of thought: legal analysis.
// Law and Politics.
2007. ¹ 1.
P. 10-18.
URL: https://en.nbpublish.com/library_read_article.php?id=50093
Abstract:
According to part 1 of Art. 29 of the Constitution of the Russian Federation every person is guaranteed his freedom of speech and of thought. Does it mean that speech and thought are two inseparable parts of the single whole right, or are there two objects and two separate rights: freedom of speech and freedom of thought?
Theory
Reference:
Eremyan, V.V.
Correlation of state civil service and municipal service as two types of public service and professional activity (on posing a problem.
// Law and Politics.
2007. ¹ 1.
P. 18-25.
URL: https://en.nbpublish.com/library_read_article.php?id=50094
Abstract:
Correlation of state civil service and municipal service is based upon the unity of qualifying characteristics and requirements to the persons occupying such positions, common system of professional education, qualifying exams, etc. This article by Professor V.V. Eremyan is devoted to the comparative analysis of civil and municipal service in Russia.
Transformation of legal and political systems
Reference:
Sobyanin, S.S.
Formation of legal mechanisms of overcoming disproportion of regional development as a stage of improvement of federal relations in Russia.
// Law and Politics.
2007. ¹ 1.
P. 46-52.
URL: https://en.nbpublish.com/library_read_article.php?id=50096
Abstract:
Although in late years the disproportion of development of various regions of Russia somewhat smoothed out, still there are many backward and depressed regions. The backward regions are ones which have been low on development for decades, and the depressed regions, such as Mari El, Chuvash Republic, Udmurt Republic, Khabarovsky krai, Bryanskaya, Kirovskaya, Kurganskaya, Pskovskaya oblasts, are regions which recently fell back due to the crisis in military production industry, which was their leading sphere of specialization…
State security
Reference:
Maksimov, V.A.
On the definition of “national security” and its elements in legislation of the Republic of Korea.
// Law and Politics.
2007. ¹ 1.
P. 53-60.
URL: https://en.nbpublish.com/library_read_article.php?id=50097
Abstract:
Lately due to the North Korea’s new nuclear potential, the problems of its status and national security doctrine gained particular topicality. The article of V.A. Maksimov is devoted to the problems of legal regulation of ensuring security of the Republic of Korea through the lens of its state interests and threats to these interests, and the way they are formulated in normative legal acts.
State institutions and legal systems
Reference:
Bogdanovskaya, I.Y.
Definition of a source of law in the legal doctrine of the common law states.
// Law and Politics.
2007. ¹ 1.
P. 68-73.
URL: https://en.nbpublish.com/library_read_article.php?id=50098
Abstract:
The intertwining of two sources of law: statute and judicial precedent is often named as a chief cause for which the lawyers in common law states prefer not to give the final answer to the issue of priority of sources of law. The complicated relationship between two above-mentioned sources inevitably influences the system as a whole. The study by I.Y. Bogdanovskaya is devoted to analysis of definition and correlation of sources of law within the common law system.
Stabilization systems: fiscal control
Reference:
Voropayev, V.V.
On civil legal nature of foreign investment relations.
// Law and Politics.
2007. ¹ 1.
P. 74-84.
URL: https://en.nbpublish.com/library_read_article.php?id=50099
Abstract:
A foreign investor, having a great choice of countries to invest into, usually pays much attention to stability of favourable conditions. That is why the status of foreign private property within the state, which accepts investments, is of such high priority to any developing state…
Law and order
Reference:
Grishina, E.P.
Non-procedural forms of using special knowledge in investigation of criminal cases (topical problems in theory and practice).
// Law and Politics.
2007. ¹ 1.
P. 96-102.
URL: https://en.nbpublish.com/library_read_article.php?id=50100
Abstract:
Non-procedural forms of participation of knowing persons in criminal judicial procedure is not aimed at obtaining evidence. The information received is usually applied either in investigation itself, or legalized via giving them a procedural form (when such a thing is possible.)
History of state and law
Reference:
Obushiev, S.P.
Administrative and judicial policy of the Russian empire in Kalmykia in XIX century.
// Law and Politics.
2007. ¹ 1.
P. 103-109.
URL: https://en.nbpublish.com/library_read_article.php?id=50101
Abstract:
In the XIX century the state power in Kalmykia aimed to create the centralized government system even in such a far – away part of the empire. While keeping local self-government of nomadic tribes, the Russian government did have considerable influence on the decisions, which were made… With time the preexisting institutions were transformed for their more convenient use…
History of state and law
Reference:
Mushegyan, S.V.
Legal peculiarities of Cossack use of land in Kuban (late XVII century to the 2nd half of the XIX century).
// Law and Politics.
2007. ¹ 1.
P. 110-113.
URL: https://en.nbpublish.com/library_read_article.php?id=50102
Abstract:
In period between late XVIII and mid-XIX centuries the legislation provided for the land rights of the Kuban Cossacks within the newly formed Kuban oblast. There were certain contradictions in this sphere, however, since many of the Cossacks were not very knowledgeable about the legal technicalities, they both did their military duties, and worked on land, which fit the state just right…
Practical law manual
Reference:
Karpukhin, D.V.
Constitutional right to the housing and eviction without provision of other housing: problems of non-alienable right and the possibility of practical loss of this right.
// Law and Politics.
2007. ¹ 1.
P. 114-119.
URL: https://en.nbpublish.com/library_read_article.php?id=50103
Abstract:
The Constitution of the Russian Federation proclaims the right to housing, while the Housing Code clearly provides for eviction without provision of other housing… This article by D.V. Karpukhin analyses the above – mentioned problem and provides amendments for the Housing Code of the Russian Federation.
Practical law manual
Reference:
Karpukhin, D.V.
Political and legal analysis of novel features of the housing legislation on eviction of owners from their housing.
// Law and Politics.
2007. ¹ 1.
P. 120-123.
URL: https://en.nbpublish.com/library_read_article.php?id=50104
Abstract:
Modern housing legislation of Russia is dominated by eviction without provision of other housing. Such important social factors as the absence of any other living quarters, mortgage, difficult situation in life, low salary, small children and disabled relatives are not taken into account as limiting factors, which could prevent such an eviction.
Practical law manual
Reference:
Shishmakova, E.V.
Problems of legal protection of folk art.
// Law and Politics.
2007. ¹ 1.
P. 124-130.
URL: https://en.nbpublish.com/library_read_article.php?id=50105
Abstract:
This article by E.V. Shishmakova is devoted to topical problems of legal regulation of protection of the folk art. As the author points out, these objects are not adequately protected by the current Russian legislation. The absence of legal protection makes them “easy target” for abuse, while due solution of this problem could provide for adequate funding for the development of folk arts and crafts…
Biblion
Reference:
Chibinev, V.M.
Review.
// Law and Politics.
2007. ¹ 1.
P. 131-132.
URL: https://en.nbpublish.com/library_read_article.php?id=50106
Biblion
Reference:
Saidov, A.H.
Sociology of law as a science and as a course of studies.
// Law and Politics.
2007. ¹ 1.
P. 133-138.
URL: https://en.nbpublish.com/library_read_article.php?id=50107