Theory
Reference:
Subochev, V.V.
Legal interest as an inalienable element of the mechanism of legal regulation.
// Law and Politics.
2007. ¹ 2.
P. 5-12.
URL: https://en.nbpublish.com/library_read_article.php?id=50108
Abstract:
Subjective rights and lawful interests, in spite of their similarities and differences, are usually applied within the same framework, and there is no unified opinion among the scholars on their correlation. This article by V.V. Subochev is devoted to his position on this issue.
Theory
Reference:
Sumskoy, D.A.
Correlation of the term “legal person’s organ” with related legal terms.
// Law and Politics.
2007. ¹ 2.
P. 13-19.
URL: https://en.nbpublish.com/library_read_article.php?id=50109
Abstract:
As the author of this article points out, due to the lack of definition of the organ of the legal person in the legislation of the Russian legislation, it is necessary to separate it from similar institutions, such as an employee of a legal person, participant of a legal person, member of the legal person, head of a legal person, hired bankruptcy manager, etc.
Jurisprudence
Reference:
Panov, A.V.
Legal and economical mechanisms of the use of the systems of voluntary certification in the labor market.
// Law and Politics.
2007. ¹ 2.
P. 20-30.
URL: https://en.nbpublish.com/library_read_article.php?id=50110
Abstract:
Certification of the personnel and economical agents in the labor market is very important due to the development of globalization in economics and the migration of the workforce. One problem deserving special attention is an objective approach towards the worker’s “value”, both for the labor market, and for the economy as a whole due to intellectualization of provision of goods and services… Formation of voluntary certification systems in Russia shall certainly help to even out the salaries of workers…
Transformation of legal and political systems
Reference:
Akhmanov, S.S.
Legal regulation of realization of the mechanism of crediting to the priority national project “Development of the Agricultural and Industrial Complex” in Russia.
// Law and Politics.
2007. ¹ 2.
P. 31-43.
URL: https://en.nbpublish.com/library_read_article.php?id=50111
Abstract:
In the early XXI century the legal institution of crediting the agricultural businesses develops rather fast due to great changes in the land regulation, integration of norms of civil law and other spheres of law into the agricultural relations…
Transformation of legal and political systems
Reference:
Fokina, S.S.
Problems of improvement of legal means, ensuring the functioning of the grain market.
// Law and Politics.
2007. ¹ 2.
P. 43-51.
URL: https://en.nbpublish.com/library_read_article.php?id=50112
Abstract:
One of the topical goals of state regulation of the grain farming is regulating state interventions and relevant relations, which calls for changes in existing Rules of state purchase and goods interventions for the sake of regulation of the market of agricultural products, raw materials and foodstuffs of 2001. The new changes are aimed to invite more participants into this sphere, call for more competition and auction deals…
Transformation of legal and political systems
Reference:
Pan Dunmay
Topical problems of criminal law of Canada, China and Russia.
// Law and Politics.
2007. ¹ 2.
P. 52-59.
URL: https://en.nbpublish.com/library_read_article.php?id=50113
Abstract:
Russian scientific ideas more and more come into the global arena, where they come into dialog with foreign scientific legal doctrines. One bright example of such fruitful communication is an international legal conference, which took place in China in 2006, and allowed the representatives of criminal legal science from all over the world to exchange their ideas. This article by Pan Dunmay contains analysis of some key problems, which were subject to discussion at the above-mentioned conference…
State institutions and legal systems
Reference:
Prokudina, N.V.
Legal regulation of the common organization of the grain market in the EU.
// Law and Politics.
2007. ¹ 2.
P. 60-65.
URL: https://en.nbpublish.com/library_read_article.php?id=50114
Abstract:
Legal regulation of the grain market in the EU is aimed to improve the living standards of the people in the rural areas and to make the agricultural sphere more fit for competition. It includes financial support of the agricultural producers, environmental protection, ecological products… This article by N.V. Prokudina is devoted to studying the development of organization of the grains market in the EU, the author analyses key methods and legal acts, as well as the influence of the new tendencies (enlargement of the EU) on the grains market.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Levental. E.B.
Input of George Ellinek into the development of the institution of basic rights and freedoms.
// Law and Politics.
2007. ¹ 2.
P. 66-73.
URL: https://en.nbpublish.com/library_read_article.php?id=50115
Abstract:
The category of public subjective rights was probably known to the scholastics of the Spanish school, and from them it transferred into the Protestant theology. However, it was George Ellinek in late XIX century, who for the first time developed this category into a whole concept. His concept clearly had in its background the doctrine of his renowned contemporary Paul Laband…
Legal and political thought
Reference:
Miguschenko, O.N.
Discussions of the 1920-1930s on the role of class fight in the life of the society as a factor of determination of understanding of law.
// Law and Politics.
2007. ¹ 2.
P. 74-84.
URL: https://en.nbpublish.com/library_read_article.php?id=50116
Abstract:
One characteristic feature of all of the countries, which remain on the industrial level of development (including Russia) is going to extremes and the tendency to deny the past experience. It goes in line with extremism and maximalism of the Russian soul. However, the author considers this view on Russian character to be incomplete…It only fits particular times in the life of the Russian people…such as the modern time and the similar time in 1928 – 1934.
History of state and law
Reference:
Stukalova, Y.V.
Institute of a juridical person in the pre-Revolution Russia: theoretical ideas and their practical realization.
// Law and Politics.
2007. ¹ 2.
P. 85-90.
URL: https://en.nbpublish.com/library_read_article.php?id=50117
Abstract:
As the author of this article points out, based upon the studies of the pre-Revolution Russian legislation one can’t draw a clear conclusion on one preferred legal doctrine of Russian legislators. The reforms and disorganization of economics did not allow for creation of the “slim and clear” concept of many social and legal matters, one of which was the concept of a juridical (legal) person…
History of state and law
Reference:
Safonov, A.A.
Reform of the Russian Empire’s legislation on religion in early XX century.
// Law and Politics.
2007. ¹ 2.
P. 91-99.
URL: https://en.nbpublish.com/library_read_article.php?id=50118
Abstract:
The Russian empire was a classic confessional state. All existing religions were included by the state into the pyramid-like structure with Orthodox Christianity being on the very top of it and enjoying special support and protection of the rulers, as well as almost monopoly on missionary activities. This article by A.A. Safonov is devoted to religious reforms, aimed to bring the Russian Empire closer to the concept of the secular state.
History of state and law
Reference:
Shishkov, S.N.
Criteria of insanity in the English criminal law of XVIII century.
// Law and Politics.
2007. ¹ 2.
P. 100-107.
URL: https://en.nbpublish.com/library_read_article.php?id=50119
Abstract:
This article is devoted to the problem of insanity in the XVIII century England. The author analyzes six criminal cases, which were heard by the English courts since 1724 to 1800, where the insanity defense was used. These six cases allow the reader to witness the changes, which took place in 75 years in the sphere subject to research, as well as the evolution of the insanity criteria and doctor’s testimony.
History of state and law
Reference:
Kostin, Y.V.
Specific features of the studies of the radical Revolutionary trend of Russian political an legal thought of second half of XIX century and early XX century.
// Law and Politics.
2007. ¹ 2.
P. 108-114.
URL: https://en.nbpublish.com/library_read_article.php?id=50120
Abstract:
In modern Russia there’s much interest to the history of Russian political and legal thought of the pre-Revolution period, and the radical and revolutionary part of it is subject to much attention… At the same time, this very sphere was not subject to much legal study up to now…
History of state and law
Reference:
Kostina, L.N.
Group crime of underage criminals in the modern Russia.
// Law and Politics.
2007. ¹ 2.
P. 115-120.
URL: https://en.nbpublish.com/library_read_article.php?id=50121
Abstract:
However often it is said that “there’s no such thing as other people’s children”, this rule does not seem to work in Russia and the juvenile crime remains one of the most topical problems of the Russian society. That is why there’s much interest to the study of causes and peculiar features of group juvenile crime…
Human and state
Reference:
Trunov, I.L.
Compensation of harm to those, who have suffered harm due to airplane crashes.
// Law and Politics.
2007. ¹ 2.
P. 121-126.
URL: https://en.nbpublish.com/library_read_article.php?id=50122
Abstract:
The airplane crashes seem to happen horrifyingly often and they take away the lives of many people, including young people with much perspective in their lives, children, whose lives were just starting out, the elderly people, with much knowledge and experience… However, the issue of compensation of harm to the airplane crash victims does not seem to get much attention… If one is to analyze Russian legislation in detail, he shall find the answers to the questions of who shall be the respondent and how to gain compensation, but not the answer to the question of the amount of compensation…This article by I.L. Trunov is devoted to this topical problem, and the author provides comparison with the experience of the foreign states…
Law practice
Reference:
Y.A. Klyuchnikova,
Legal problems of defining the terms of the contract of the life-long rent.
// Law and Politics.
2007. ¹ 2.
P. 127-132.
URL: https://en.nbpublish.com/library_read_article.php?id=50123
Abstract:
Since the Civil Code of the Russian Federation does not give much detail to the content of the obligation to provide life annuity, in many cases the particular conditions of life annuity remained unclear, and it led to disagreements between the parties to the contracts and judicial disputes. Most lawsuits by those, receiving the life annuity, on agreement dissolution are motivated by the difference between what these people expected to get, and what they actually got. It often turns out that the contracts of this type only provide for the minimal set of obligations, which do not meet the needs of the people who receive life annuity.
Practical law manual
Reference:
Kravets, N.V.
Novel features of the mortgage credit legislation.
// Law and Politics.
2007. ¹ 2.
P. 133-136.
URL: https://en.nbpublish.com/library_read_article.php?id=50124
Abstract:
In spite of constant changes in the sphere of mortgage, the housing mortgage in Russia cannot yet be called as affordable, as it is in Europe. This article by N.V. Kravets is devoted to the latest changes in the Russian law and existing problems….
Practical law manual
Reference:
Tsarkov, I.I.
On the methods of teaching “History of Political and Legal Thought”.
// Law and Politics.
2007. ¹ 2.
P. 137-142.
URL: https://en.nbpublish.com/library_read_article.php?id=50125
Abstract:
This article by I.I. Tsarkov is devoted to the new methods of teaching HPLT, the author provides various schemes of teaching…
Discussion forum
Reference:
Lapaeva, V.V.
Review
// Law and Politics.
2007. ¹ 2.
P. 143-148.
URL: https://en.nbpublish.com/library_read_article.php?id=50126
Abstract:
In the article by I.I. Tsarkov, new methods of teaching the History of political and legal doctrines are considered, various schemes are presented.
Biblion
Reference:
Sokolshik, I.M.
On force-based and legal interpretations of a state.
// Law and Politics.
2007. ¹ 2.
P. 149-151.
URL: https://en.nbpublish.com/library_read_article.php?id=50127
Abstract:
In any scientific interpretation a state is defined via the terms of the public political power. In Russian political culture the traditionally prevailing paradigm of state and law is power-based, which meets the needs of the Russian political reality, and the same approach prevails in legal science. If during the Soviet times this paradigm was direct and
”vulgar”, now the theory of law attempts to somehow unite the power-based approach to the state with the constitutional provisions on human rights and the jural state.
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