Law and Politics

Contents

Question at hand
Kistrinova, O.V. — Perspectives of development of federalism in Russia.	P. 5 - 10
Theory
Orlova, O.V. — Civil society as a multilevel system.	P. 11 - 16

Arzamaskin, N.N. — Correlation of the terms “transitionality”, “ modernization”, “democratic transit” and “transformation” in the studies of transitional states.	P. 17 - 21
Authority and management
Zakharov, I.V. — Representation of the people on the municipal level: constitutional legal aspects.	P. 22 - 25
Transformation of legal and political systems
Petrushev, V.A. — On the legal nature of the decisions of the Constitutional Court of the Russian Federation and interpretation of the Constitution of the Russian Federation.	P. 26 - 29

Sultanov, A.R. — Legal stability in the review system of the Civil Procedural Code of the Russian Federation and the practice of the Constitutional Court of the Russian Federation.	P. 30 - 39
Stabilization systems: fiscal control
Sultanov, A.R. — Legal stability in the review system of the Civil Procedural Code of the Russian Federation and the practice of the Constitutional Court of the Russian Federation.	P. 40 - 44
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Ilkiv, I.A. — Financial control: perspectives of fighting legalization of illegal profits in Russia.	P. 45 - 50

Zhdankin, M.V. — On the issue of international legal protection of the Russian speaking minorities residing in the Baltic States by the Council of Europe.	P. 51 - 57
International relations: interaction systems
Mazitova, I.R. — Some issues related to the system of national addresses under the European Social Charter.	P. 58 - 66
JUDICIAL POWER
Kovalenko, S.G. — Inner law of the ITLOS.	P. 67 - 69

Karakchiev, M.H. — Proof of circumstances of the criminal case as a basis for the judicial decision.	P. 70 - 75
Public communications
Monakhov, D.A. — Vindicatio servitutis as the main way of judicial protection of easement in the Russian law.	P. 76 - 80

Knyazeva, A.G. — On the issue of systematization of the legislation on education.	P. 81 - 85
Jurisprudence
Yarovenko, V.V., Yarovenko E.V., Poleschuk, O.V. — The social environment factors influencing the process of formation of the teenage deviants.	P. 86 - 91
Human and state
Zvezdina, E.I. — Historical and procedural aspects of development of the institution of a suspect.	P. 92 - 99
History of state and law
Paryagina, O.A. — Conceptual legal bases and problems related to the employment of the disabled persons.	P. 100 - 110

Vereschagin, S.G. — Legal forms of legalizing tax policy in the Ancient Greece and Ancient Rome.	P. 111 - 120

Obushiev, S.P., Umerova, G.B. — Judicial policy in the national outlying districts of the Russian Empire in XIX century (the Far East, the Siberia, the Steppe Caucasus area, Transcaucasia, Kazakhstan and the Middle Asia).	P. 121 - 131
Practical law manual
Sarangov, Ts. A. — “Tsaagjin Bichig” – the federal code of law of the XVII Kalmyks.	P. 132 - 140

Kamchatov, K.V. — Problematic issues of realization of rights of the victim of the crime in the pretrial stages of the criminal procedure in the Russian Federation.	P. 141 - 146
In memorium
Grekhova, E.A. — Land plot as an object of immovable property.	P. 147 - 151

Contents details

Question at hand

Reference:

Kistrinova, O.V. (2007). Perspectives of development of federalism in Russia. Law and Politics, 5, 5–10. https://en.nbpublish.com/library_read_article.php?id=50168

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Abstract: Russia is one of the largest states in the world, including a vast variety of climatic zones, various nationalities and ethnoses. Thus, it has all the necessary prerequisites for a federal states. However, Russia also needs to be a federation, which acts upon the constitutional principles and pays attention to interests of various peoples and territories. It, in turn, calls for a reform of current federal relations.

Theory

Reference:

Orlova, O.V. (2007). Civil society as a multilevel system. Law and Politics, 5, 11–16. https://en.nbpublish.com/library_read_article.php?id=50169

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Abstract: It is obvious, that a civil society, which is a topical issue of discussion among Russian lawyers, cannot be formed in a single day, while it can possibly be initiated from “above”, as it is currently done in Russia. A civil society can only be a result of a long-term development of legal culture, and it gives a special characteristic feature to economical, legal, spiritual and moral conditions of lives of people. This article by O.V. Orlova is devoted to various levels of a civil society.

Theory

Reference:

Arzamaskin, N.N. (2007). Correlation of the terms “transitionality”, “ modernization”, “democratic transit” and “transformation” in the studies of transitional states. . Law and Politics, 5, 17–21. https://en.nbpublish.com/library_read_article.php?id=50170

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Abstract: Currently the term “transitionality” is often seen as a synonym to the terms “modernization”, “democratic transition” and “transformation” However, these terms are by no means identical. Each of them has behind it quite specific theories and ideas. This article by N.N. Arzamaskin is devoted to singling out above-mentioned terms.

Authority and management

Reference:

Zakharov, I.V. (2007). Representation of the people on the municipal level: constitutional legal aspects. Law and Politics, 5, 22–25. https://en.nbpublish.com/library_read_article.php?id=50171

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Abstract: A deputy, a head of a municipal structure, as well as other elected local government officials represent the interests of the people of a certan municipal center. However, representation means more than just passing the power of the people to an elected official. Representation is an official expression for trusting one with acting upon the will of the people. What are the constitutional legal bases for representation at the municipal level?

Transformation of legal and political systems

Reference:

Petrushev, V.A. (2007). On the legal nature of the decisions of the Constitutional Court of the Russian Federation and interpretation of the Constitution of the Russian Federation. Law and Politics, 5, 26–29. https://en.nbpublish.com/library_read_article.php?id=50172

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Abstract: Although no one now doubts the obligatory character of the decisions of the Constitutional Court of the Russian Federation, there is still much discussion as to the nature of these acts. For some authors such decisions are sources of the Russian law, while the others see them as simply interpretative acts. In this article V.A. Petrushev views the judicial practice, positions of the scholars, and expresses his own opinion on the matter.

Transformation of legal and political systems

Reference:

Sultanov, A.R. (2007). Legal stability in the review system of the Civil Procedural Code of the Russian Federation and the practice of the Constitutional Court of the Russian Federation. Law and Politics, 5, 30–39. https://en.nbpublish.com/library_read_article.php?id=50173

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Abstract: In this article the judge of the Court of Energy Arbitration A.R. Sultanov continues a heated dicussion on application of Article 389 of the Civil Procedural Code of the Russian Federation, which was started earlier by a number of articles by himself, as well as the Chairman of the Supreme Court of the Republic of Khakasia S.V. Potapenko. The dicussion is devoted to a topical issue – ensuring stabilizing function of the judicial system, predictability of the Russian justice.

Stabilization systems: fiscal control

Reference:

Sultanov, A.R. (2007). Legal stability in the review system of the Civil Procedural Code of the Russian Federation and the practice of the Constitutional Court of the Russian Federation. Law and Politics, 5, 40–44. https://en.nbpublish.com/library_read_article.php?id=50174

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INTEGRATION LAW AND SUPRANATIONAL UNIONS

Reference:

Ilkiv, I.A. (2007). Financial control: perspectives of fighting legalization of illegal profits in Russia. Law and Politics, 5, 45–50. https://en.nbpublish.com/library_read_article.php?id=50175

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Abstract: Successfully fighting money-laundering is absolutely necessary for the free development of international commerce. In order to make this fight more effective, more and more states should be included into it. This article by I.A. Ilkiv is devoted to perspectives of international cooperation in this sphere…

INTEGRATION LAW AND SUPRANATIONAL UNIONS

Reference:

Zhdankin, M.V. (2007). On the issue of international legal protection of the Russian speaking minorities residing in the Baltic States by the Council of Europe. Law and Politics, 5, 51–57. https://en.nbpublish.com/library_read_article.php?id=50176

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Abstract: Rights of the Russian-speaking minority in the Baltic states are, plainly speaking, in a catastrophical situation, and this fact has a special meaning, considering the membership of the Baltic states in the EU and the Counsil of Europe. Since one of the key spheres of activity of the Council of Europe is protection of human rights, it seems reasonable to apply existing mechanisms of this intergovernmental organization in order to protect the Russian-speaking minority…

International relations: interaction systems

Reference:

Mazitova, I.R. (2007). Some issues related to the system of national addresses under the European Social Charter. Law and Politics, 5, 58–66. https://en.nbpublish.com/library_read_article.php?id=50177

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Abstract: One of the key goals of the Council of Europe is to support economical and social development, and to achieve this goal it passed the European Social Charter, as well as the Additional Protocol to it. This article contains a critical analysis of the existing mechanism of control over the application of the ESC and its Protocol by the Member States.

JUDICIAL POWER

Reference:

Kovalenko, S.G. (2007). Inner law of the ITLOS. Law and Politics, 5, 67–69. https://en.nbpublish.com/library_read_article.php?id=50178

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Abstract: In this article S.G. Kovalenko analyzes the norms of the international law, which provide for the internal structure and the everyday work of the ITLOS, draws parallels with the ICJ, studies the existing reforms…

JUDICIAL POWER

Reference:

Karakchiev, M.H. (2007). Proof of circumstances of the criminal case as a basis for the judicial decision. Law and Politics, 5, 70–75. https://en.nbpublish.com/library_read_article.php?id=50179

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Abstract: Decision of a court in a criminal case is a crown to the entire set of the preceding criminal procedural activities. Naturally, being a procedural document, such a decision should show all the relevant legal and factual issues, which led the court to the conclusion that it reached… For this very purpose, as the author of this article points out, it is paramount to have the good quality of evidence as a basis for such decision.

Public communications

Reference:

Monakhov, D.A. (2007). Vindicatio servitutis as the main way of judicial protection of easement in the Russian law. Law and Politics, 5, 76–80. https://en.nbpublish.com/library_read_article.php?id=50180

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Abstract: As the author of the article points out based on the results of the study of the Russian law, protection of easement in the Russian civil law is based upon Article 301 of the Civil Code of the Russian Federation, which provides for vindication as means to protect the easement.

Public communications

Reference:

Knyazeva, A.G. (2007). On the issue of systematization of the legislation on education. Law and Politics, 5, 81–85. https://en.nbpublish.com/library_read_article.php?id=50181

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Abstract: One of the goals of the modern education system in Russia is bringing it into a united system, which would meet the goals of the social development. On of the related complications is that the normative acts, regulating education, are various and they were passed at different times with different social and legal goals in mind. That is why the issue of codifying this sphere becomes so topical…

Jurisprudence

Reference:

Yarovenko, V.V., Yarovenko E.V., Poleschuk, O.V. (2007). The social environment factors influencing the process of formation of the teenage deviants. Law and Politics, 5, 86–91. https://en.nbpublish.com/library_read_article.php?id=50182

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Abstract: The personality of a deviant teenager can be characterized by the lower level of socialization, which, in turn, shows a problems in the three spheres of his up-bringing: his family, his school, his production. The personality of such a teenager is often under the negative influence of a street gang with anti-social preferences. The author study this problem, and, as an option, offer to use hiking tourism and the studies of local lore to help such deviant teenager to be with a different crowd and to express his better qualities…

Human and state

Reference:

Zvezdina, E.I. (2007). Historical and procedural aspects of development of the institution of a suspect. Law and Politics, 5, 92–99. https://en.nbpublish.com/library_read_article.php?id=50183

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Abstract: The history of development of the institution of a suspect in the criminal process in Russia is interpreted differently by various scholars. After analyzing positions of a number of renowned Russian scholars, the author came to a conlcusion, that the first stage of this institution dated back to the times of Tsar Peter the Great. The author shows us development and progress of this institution from the times of Tsar Peter to the current Criminal Code of the Russian Federation of 2001.

History of state and law

Reference:

Paryagina, O.A. (2007). Conceptual legal bases and problems related to the employment of the disabled persons. Law and Politics, 5, 100–110. https://en.nbpublish.com/library_read_article.php?id=50184

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Abstract: One out of every ten persons in the world is disabled. And from the point of view of working people, it is much better to help the persons with disabilities to return to gainful employement, rather than to pay to them social fees. Moreover, a large number of disabled people, who would like to work lack necessary access to rehabilitation services and employment. This article by O.A. Paryagina includes the studies of the international standards, and approaches to solving above-mentioned problems in Russia and abroad.

History of state and law

Reference:

Vereschagin, S.G. (2007). Legal forms of legalizing tax policy in the Ancient Greece and Ancient Rome. Law and Politics, 5, 111–120. https://en.nbpublish.com/library_read_article.php?id=50185

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Abstract: As the author points out, it is of special interest to a legal scholar, to se how the will of the state in the sphere of taxes legalized itself. As the history shows, legalization of taxes started in the Ancient times, Ancient Greece being a classic example. This article by S.G. Vereschagin is devoted to tax policies of the Ancient Greece and Ancient Rome.

History of state and law

Reference:

Obushiev, S.P., Umerova, G.B. (2007). Judicial policy in the national outlying districts of the Russian Empire in XIX century (the Far East, the Siberia, the Steppe Caucasus area, Transcaucasia, Kazakhstan and the Middle Asia). Law and Politics, 5, 121–131. https://en.nbpublish.com/library_read_article.php?id=50186

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Abstract: The national outskirts of the Russian Empire had varied in their social and economic development, as well as in the time when they had became parts of the Empire. Their judicial systems also varied based on the qualities and norms, which the regions had prior to the time when they became parts of the Empire. The most outdated systems existed in the Far East, where there was a large number of peoples. Their judicial systems differences and similarities were characteristic to the stage of decay of the tribal state.

Practical law manual

Reference:

Sarangov, Ts. A. (2007). “Tsaagjin Bichig” – the federal code of law of the XVII Kalmyks. Law and Politics, 5, 132–140. https://en.nbpublish.com/library_read_article.php?id=50187

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Abstract: The history of studies of the Kalmyk and Mongolian law lasts for more than two hundred years. The scholars, who studied its sources saw them as the basis for the studies of the political, social and economic structure of the Kalmyks. “Tsaagjin Bichig” (Mongolian and Oirat Laws of 1640”, “The Steppe Code”, “Ikh Tsaaz”) was also studied by the modern scholars, specializing in the Mongolinan law, the law of the Altai peoples and other Mongolian peoples…

Practical law manual

Reference:

Kamchatov, K.V. (2007). Problematic issues of realization of rights of the victim of the crime in the pretrial stages of the criminal procedure in the Russian Federation. Law and Politics, 5, 141–146. https://en.nbpublish.com/library_read_article.php?id=50188

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Abstract: This article includes brief analysis of several examples of realization of rights of the victims in the pre-trial stages of the criminal process in the Russian Federation, as well as of the problems, arising in their implementation. The structure of this article, as the author tells us, includes two blocks: the norms related to realization of the victim’s rights, and the propositions for the changes in legal regulation.

In memorium

Reference:

Grekhova, E.A. (2007). Land plot as an object of immovable property. Law and Politics, 5, 147–151. https://en.nbpublish.com/library_read_article.php?id=50189

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Abstract: In spite of a posivive changes in the Russian legislation, allowing for better regulation of land as subject of immovable property, there remains a number of terminological problems, as well as contradictions between the legal norms in various spheres of law, which, as the author points out, calls for due legislative regulation. This article is devoted to current problems as well as their possible solutions.