Question at hand
Reference:
Arzamaskin, N.N.
Stages and modern tendencies of formation of the Russian Federalism.
// Law and Politics.
2007. ¹ 4.
P. 5-7.
URL: https://en.nbpublish.com/library_read_article.php?id=50144
Abstract:
Observing the process of federalism development in many countries and comparing this process with the evolutionary change of federalism in Russia, three stages can be distinguished that characterize significant changes in the social and state system. N.N. Arzamaskin's article presents the characteristics of these stages. Having considered them, the author comes to the conclusion that the modern form of the Russian state structure, while maintaining a certain continuity with the federal nature of the RSFSR (combining the national-state and territorial principle of the structure), testifies to the uniqueness of Russian federalism in comparison with classical federations of foreign countries.
Transformation of legal and political systems
Reference:
Kolesnikov, I.V.
State, state organ, state customer: who is the party to the state contract?
// Law and Politics.
2007. ¹ 4.
P. 8-16.
URL: https://en.nbpublish.com/library_read_article.php?id=50145
Abstract:
Determining the form of state participation in the conclusion and execution of a state contract requires special attention when regulating relations to ensure public needs, since solving this problem directly affects ensuring the rights of all participants in public procurement. This article discusses possible options for registration of state participation in contracts, and sets out a number of proposals.
Transformation of legal and political systems
Reference:
Romanova, V.V.
On contractual and non-contractual responsibility of the state.
// Law and Politics.
2007. ¹ 4.
P. 17-20.
URL: https://en.nbpublish.com/library_read_article.php?id=50146
Abstract:
When participating in civil law relations, the State must comply with its own established rules, determined by the very nature of regulated relations. It cannot use its power prerogatives to arbitrarily change civil law norms in its interests or impose its will on counterparties, otherwise property turnover will not be able to function normally, and the private law form it needs will be destroyed. This article examines the specifics of state responsibility both within the framework of non-contractual relations (causing harm) and within the framework of a contract.
Authority and management
Reference:
Shugrina, E.S.
Problems of use of international legal mechanisms in the sphere of protection of the right to the local government.
// Law and Politics.
2007. ¹ 4.
P. 21-28.
URL: https://en.nbpublish.com/library_read_article.php?id=50147
Abstract:
The Constitution of the Russian Federation provides for the possibility of using international legal mechanisms in the protection of law. Thus, in accordance with part 4 of Article 15, the generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. Moreover, if an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply. Part 3 of Article 46 of the Constitution of the Russian Federation provides that everyone has the right, in accordance with international treaties of the Russian Federation, to apply to interstate bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted. As the author notes, both mechanisms provided for in the Russian Constitution are actively applied to the protection of the right to exercise local self-government in the Russian Federation, the article provides a more detailed analysis of the above aspects, examines the judicial practice of both the Russian and the European Court of Human Rights.
Authority and management
Reference:
Vereschagin, S.G.
Political practice of lobbying the tax advantages in Russia.
// Law and Politics.
2007. ¹ 4.
P. 29-39.
URL: https://en.nbpublish.com/library_read_article.php?id=50148
Abstract:
The development of the economic crisis in Russia has led to a tightening of the struggle for profits and cash. The formation of large corporate structures has begun, the struggle between which now covers all aspects of Russian life. Today, the sources of financial resources are export-import operations, which still bring significant profits, banking and financial operations, direct budget subsidies and preferential loans, tax incentives, preferential export-import tariffs, privatization of state property. This list dictates the directions and methods of lobbying industry groups. In the conditions of the current state structure of Russia, there are four main areas of lobbying: the Office of the President of the Russian Federation, the Government of the Russian Federation, the Federal Assembly (the State Duma and the Federation Council), the region (subjects of the Russian Federation, local authorities)…
Authority and management
Reference:
Kozhevnikov, O.A.
Some problems of legal regulation of activities of non-commercial organizations by the normative legal acts of the subjects of the Russian Federation.
// Law and Politics.
2007. ¹ 4.
P. 40-42.
URL: https://en.nbpublish.com/library_read_article.php?id=50149
Abstract:
As the author of this article notes, recently there have been fewer cases of contradiction between regional and federal legislation in terms of legal regulation of the activities of non-profit organizations. One of the reasons that influenced the improvement of the situation is the use in legal practice of the methods discussed in this article to overcome conflicts between regional and federal legislation, as well as the fairly successful work of the bodies of the Ministry of Justice of the Russian Federation and the Prosecutor's Office of the Russian Federation to conduct an examination of regional legislation for its compliance with the legislation of the Russian Federation.
State security
Reference:
Alekhnovich, S.O.
Federal relations and security of regional development.
// Law and Politics.
2007. ¹ 4.
P. 43-54.
URL: https://en.nbpublish.com/library_read_article.php?id=50150
Abstract:
The problem of relations between the federal center and the Russian regions in the economic sphere is one of the key issues for ensuring the security of both the federation as a whole and the regions. In particular, while not denying and supporting the need for a stable vertical of state power, including the executive, it should be noted that, along with regional authorities, in most subjects of the Russian Federation there are over fifty federal structures, covering all aspects of regional life without exception, which, however, bear practically no responsibility. They are responsible to the public and are obliged to answer for their actions only to the federal center. Thus, there is a gradual transfer of responsibility for solving political and economic problems to the population in the regions without appropriate support and transfer of the necessary powers and resources for their productive settlement. The article by S.O. Alekhnovich examines these and other problems of federal relations…
International relations: interaction systems
Reference:
Idrisov, T.I.
Influence of norms of international law on formation of the Russian legal system.
// Law and Politics.
2007. ¹ 4.
P. 55-60.
URL: https://en.nbpublish.com/library_read_article.php?id=50151
Abstract:
The change and constant movement of the legal system is a historically conditioned phenomenon, and the entry into the legal system of the Russian Federation of generally recognized principles and norms of international law and international treaties as a reaction to the geopolitical changes taking place in Russia is an objective process. The article by T.I. Idrisov considers this process taking into account the specifics of the legal system of the Russian Federation.
International relations: interaction systems
Reference:
Kovalenko, S.V.
Legal basis for formation and activities of the ITLOS.
// Law and Politics.
2007. ¹ 4.
P. 61-69.
URL: https://en.nbpublish.com/library_read_article.php?id=50152
Abstract:
The idea of establishing a special judicial body for the settlement of maritime disputes arose quite a long time ago, as soon as the international community realized the need for special regulation of the activities of States in the exploration and use of the oceans. The International Tribunal for the Law of the Sea has become the embodiment of this idea. The International Tribunal for the Law of the Sea was established, in general, on the model of the International Court of Justice, but it is not inscribed in any international organization, as was done, for example, with the International Court of Justice, which is one of the UN bodies. The Tribunal was established as an independent international organization, and, like many other international judicial institutions, the Tribunal for the Law of the Sea has all the characteristics of an international intergovernmental organization. This article by S.V. Kovalenko is devoted to the history and specifics of the creation of this tribunal.
International relations: interaction systems
Reference:
Glandin, S.V.
Conventional mechanism of broadening the borders of the continental shelf and the Russian Federation (international legal problems of review of the application of the Russian Federation to the UN Commission on the borders of the continental shelf).
// Law and Politics.
2007. ¹ 4.
P. 70-76.
URL: https://en.nbpublish.com/library_read_article.php?id=50153
Abstract:
The continental shelf is one of the newest institutions of international maritime law. This is a spatial area that is subject to the jurisdiction of the coastal State in relation to natural resources. The proper international legal regime of the continental shelf of a coastal State under modern international law consists of a number of factors: the implementation of the 1982 UN Convention on the Law of the Sea into national legislation, the compliance of national legislation with the norms and principles of international maritime law and the existence of delimitation agreements with adjacent and opposing States. The article by S.V. Glandin examines the problems related to the rights of the Russian Federation in the Arctic region.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Shaihutdinova, G.R.
Advanced cooperation in the Agreement, which provides for the European Constitution.
// Law and Politics.
2007. ¹ 4.
P. 77-83.
URL: https://en.nbpublish.com/library_read_article.php?id=50154
Abstract:
The adoption of the Treaty establishing a Constitution for Europe has once again spurred discussions around the so-called principle of flexibility in the European Union. In the text of the Agreement, the term "advanced cooperation" is used to designate it. Advanced cooperation within the European Union is the in-depth integration of a certain number of member States of the European Union in any field using the institutions, procedures and mechanisms of the Union, open to all other member States of the Union…
Law and order
Reference:
Yarovenko, V.V., Poleschuk, O.V.
Practice of formation and use of criminalistic collections of the narcotics.
// Law and Politics.
2007. ¹ 4.
P. 84-87.
URL: https://en.nbpublish.com/library_read_article.php?id=50155
Abstract:
Collections of narcotic substances are intended: firstly, to establish the type of drug; secondly, to determine the common origin of newly received with previously placed in the collection; thirdly, to establish the source of the common origin of newly received with previously placed in the collection; fourthly, to establish the region of growth of plants used for the manufacture of drugs; Fifthly, to identify the composition of the components of narcotic drugs, the most common on the illegal market, capable of influencing the characteristics of narcotic intoxication and its consequences; sixth, on the assessment of the so-called "average single doses of drug consumption", since expert assessment of such doses of narcotic drugs will require not only long-published in the scientific press data on the narcotic activity of certain narcotic drugs and psychotropic substances, but also the results of forensic studies of the compositions of narcotic drugs seized from illicit trafficking. Thus, the study of cannabis and poppy from different regions of the CIS countries conducted by specialists of the Forensic Center of the Ministry of Internal Affairs of Russia showed the possibility of conducting examinations and establishing geochemical provinces of plants used for the manufacture of drugs…
Law and order
Reference:
Yakunkov, M.A.
Nature and kinds of criminal procedural violations, related to the investigation activities.
// Law and Politics.
2007. ¹ 4.
P. 88-92.
URL: https://en.nbpublish.com/library_read_article.php?id=50156
Abstract:
As the author of this article notes, the topic of investigative actions is not quite logically and with gaps disclosed in the current Code of Criminal Procedure of the Russian Federation. The gap is connected, in particular, with the legal status of statisticians (their legal status in the CPC of the Russian Federation is not defined), and the illogicality arises from the lack of a deductive approach in describing investigative actions – there is no general concept, the spread of articles concerning the production of investigative actions not only in different chapters, but even in different sections of the current CPC of the Russian Federation, which It creates significant difficulties in understanding and applying the current criminal procedure legislation concerning the conduct of investigative actions. According to the author, it would be logical and advisable to allocate a special single chapter in the Criminal Procedure Code of the Russian Federation devoted to investigative actions…
Conflict: tools of stabilization
Reference:
Yurieva, Y.P.
Mergers and acquisitions: how to protect the Russian business from corporate conflict?
// Law and Politics.
2007. ¹ 4.
P. 93-96.
URL: https://en.nbpublish.com/library_read_article.php?id=50157
Abstract:
Currently, in our country, a huge number of takeovers and mergers of enterprises take place with gross violations of the rule of law, often in an openly criminal manner. As a result, economic instability, tension in the social sphere, an unfavorable investment climate, and a lack of long–term investments that ensure economic growth in the future. What are the possible solutions to the existing problems?
Practical law manual
Reference:
Tsekova, I.Y.
On the issue of legal nature of the insurance contract.
// Law and Politics.
2007. ¹ 4.
P. 97-103.
URL: https://en.nbpublish.com/library_read_article.php?id=50158
Abstract:
The article by I.Y. Tsekova examines various scientific approaches to the nature of the insurance contract, its private and public elements, presents a critical analysis of the positions of modern scientists, and considers the approach to this issue of pre-revolutionary jurists.
Practical law manual
Reference:
Emelyanov, D.V.
Topical issues of practice of application of norms, regulating the relations on compensation of harm caused by the accident on the road.
// Law and Politics.
2007. ¹ 4.
P. 104-109.
URL: https://en.nbpublish.com/library_read_article.php?id=50159
Abstract:
The increasing number of traffic accidents necessitates State intervention in the sphere of traffic-related relations in order to protect public interests by taking a whole range of measures. An important step towards improving the effectiveness of the mechanism of civil law regulation of damage compensation relations was the introduction of a mandatory liability insurance system for vehicle owners in the Russian Federation. However, it should be borne in mind that insurance has not replaced tort liability. Insurance and tort legal relations, developing in parallel, equally contribute to the achievement of a beneficial effect of public relations on compensation for harm. Therefore, the introduction of compulsory insurance calls for addressing the problems of tort liability, which were not resolved earlier and in the light of the introduction of insurance have regained relevance, as well as the problems that appeared after the adoption of the law on insurance …
Practical law manual
Reference:
Nizhegorodtsev, D.S.
Problem of the object of the bank deposit and ensuring the realization of the responsibility to return the deposit.
// Law and Politics.
2007. ¹ 4.
P. 110-118.
URL: https://en.nbpublish.com/library_read_article.php?id=50160
Abstract:
When considering the subject of a bank deposit agreement, in theory and in practice, a number of questions arise, the main of which are the following: about the rights of depositors and the bank to funds in the deposit; about what to relate to the subject of a bank deposit and its object; about the orientation of the interests of the participants in the transaction; about the possibility of extending the institutions of ownership and ownership rights to the funds are in the deposit. The root of ambiguous approaches to the subject of a bank deposit agreement is explained, firstly, by the complex and rather controversial nature of money in general and in non-cash settlements in particular; secondly, by the confusion of economic concepts and meanings with legal ones; thirdly, by an imperfect legislative framework interpreting a number of institutions ambiguously, and sometimes completely in the opposite sense; fourthly, the undevelopment of the institution of ownership and the so-called institution of "right to law"…
Human and state
Reference:
Paryagina, O.A.
Conceptual legal bases and problems related to the employment of disabled persons.
// Law and Politics.
2007. ¹ 4.
P. 119-126.
URL: https://en.nbpublish.com/library_read_article.php?id=50161
Abstract:
About one in ten people on the globe is disabled. At the same time, from the point of view of workers and society as a whole, it is much preferable to help people with disabilities return to work or enter it for the first time if they have been disabled since childhood, than simply paying them cash benefits. In fact, a significant number of people with disabilities who would like to work are deprived of access to rehabilitation services and employment opportunities. The article by O.A. Paryagina examines the recommendations of international organizations, approaches to solving the problem existing in foreign countries, and the situation in the Russian Federation.
Jurisprudence
Reference:
Bener, A.G.
Statement and approaches to the problem of criminal procedural estimation spheres.
// Law and Politics.
2007. ¹ 4.
P. 127-131.
URL: https://en.nbpublish.com/library_read_article.php?id=50162
Abstract:
The level of legality and law and order in criminal procedural legal relations is inextricably linked with the effective assessment activities of both subjects of the sphere of ensuring and observing the rule of law in criminal proceedings, as well as the quality of criminal procedural legislation, timely detection and prevention of various violations of the rule of law in criminal proceedings. A lawful, justified and fair verdict, lawful, justified and fair decisions in a criminal case can be obtained only as a result of the application of the laws of formal logic, the elimination of contradictions in evidence, well-established departmental and judicial control, and prosecutorial supervision. It is no coincidence that in recent years the theory of multidimensional evaluation spaces has been developed in the theory of law, which may well be adapted to the criminal process…
Legal and political thought
Reference:
Zhiltsov, N.A.
Philosophical and legal views on Russian state and law-enforcement system in the 2nd half of XIX century.
// Law and Politics.
2007. ¹ 4.
P. 132-136.
URL: https://en.nbpublish.com/library_read_article.php?id=50163
Abstract:
As Senator K.N. Lebedev wrote in 1847: "a person who is faced with Russian justice "can get sick and go crazy, it's so disgustingly bad." In the second half of the 19th century, Russian public thought took a step towards a critical rethinking of the existing state and legal system... The paradox of the situation was that the model of government formulated by the socialists turned out to be the most acceptable for implementation in Russian conditions, therefore it received a life perspective in the late 19th and early 20th centuries.
History of state and law
Reference:
Minina, N.V.
The birth of Russian multi-party system.
// Law and Politics.
2007. ¹ 4.
P. 137-143.
URL: https://en.nbpublish.com/library_read_article.php?id=50164
Abstract:
The appearance of parties on the Russian political scene at the beginning of the 20th century and their subsequent legalization during the first Russian Revolution were not a coincidence in Russian history and law. This process was prepared by a number of social phenomena and historical events, despite the fact that it bore its first fruits much later than in European countries, where the first mass political parties were already forming in the second half of the XIX century…The history of the creation of Russian parties is considered in this article by N.V. Minina.
Biblion
Reference:
Gligitch-Zolotareva, M.V.
Theory and practice of state government. Review on the book by N.M. Dobrynin, Theory and practice of state government. Textbook. Novosibirsk, Nauka, 2006 – 510 p
// Law and Politics.
2007. ¹ 4.
P. 144-147.
URL: https://en.nbpublish.com/library_read_article.php?id=50165
Reference:
ANNIVERSARY
Serving the law (sketches on the margins of the biography of Professor V.A. Tumanov due to his 80th anniversary.
// Law and Politics.
2007. ¹ 4.
P. 148-150.
URL: https://en.nbpublish.com/library_read_article.php?id=50166
Reference:
ADVERTISEMENT
Academic Legal University (Institute)
// Law and Politics.
2007. ¹ 4.
P. 151-151.
URL: https://en.nbpublish.com/library_read_article.php?id=50167
Practical law manual
Reference:
V. M. Savel'eva
On the issue of determining the place of the concession agreement in the system of civil law contracts
// Law and Politics.
2007. ¹ 4.
P. 994-997.
URL: https://en.nbpublish.com/library_read_article.php?id=50507
Abstract:
In recent years, Russia has acutely felt the need for new mechanisms for managing state property as a result of the reform of property relations, which, in turn, was the result of the processes of privatization and denationalization carried out in the country. The adoption of Federal Law No. 115-FZ of July 21, 2005 “On Concession Agreements” is of fundamental importance for the effective management of state property in various sectors of the economy and spheres of activity. For objects of state and municipal property, a concession structure is proposed as an organizational economic and legal mechanism for the temporary transfer of ownership and use of them from the state to a private company.
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