Question at hand
Reference:
Dobrynin, N.M.
Constitutional legal science and Russian constitutionalism: searching for the way out of crisis.
// Law and Politics.
2007. ¹ 6.
P. 5-10.
URL: https://en.nbpublish.com/library_read_article.php?id=50190
Abstract:
At the current stage of development of Russian statehood many politicians and legal professionals consider, that the call for amendments ot the Russian Constitution is a false alarm. The key argument for the preservation of the existing Constitution is relative political stability in the Russian society. At the same time everyone seems to acknowledge the “shopwindow” character of the Constitution as is. How can one avoid this contradiction and bring our Constitution into touch with reality? What is the role of the Russian science in this project? In this article N.M. Dobryunin expresses his view on this issue.
Theory
Reference:
Zhidelev, V.A.
State power as a legal category.
// Law and Politics.
2007. ¹ 6.
P. 11-15.
URL: https://en.nbpublish.com/library_read_article.php?id=50191
Abstract:
In the modern science of theory and history of law and state the problem of state power and its true nature is subject to much discussion. The topicality of studies of the Russian state power is related to the current changes in the Russian statehood, new approach of the Russian Constitution to the nature of state power, and other dynamic events of the late XX century. This article mostly concerns itself with the sources and nature of state power as a general social category.
Authority and management
Reference:
Cherkasov, K.V.
On the issues of consultative and advisory bodies of the Plenipotentiaries of the President of the Russian Federation at the federal districts.
// Law and Politics.
2007. ¹ 6.
P. 16-20.
URL: https://en.nbpublish.com/library_read_article.php?id=50192
Abstract:
Solution of the key problems, as pointed out by the President of the Russian Federation and set forth for the Plenipotentiaries, calls for cooperation on the part of other state powers and bodies and municipal structures. For this very reason the activities of consultative and advisory bodies gains much topicality. This article by K.V. Cherkasov is related to the existing practice in this sphere.
Authority and management
Reference:
Dontsev, S.P.
Russian Orthodox Church and the state within the political system of the modern Russia.
// Law and Politics.
2007. ¹ 6.
P. 21-24.
URL: https://en.nbpublish.com/library_read_article.php?id=50193
Abstract:
The Russian Orthodox Church and its Moscow Patriarchy is undoubtedly the largest and the most influential religious organization of the modern Russia. Currently the church hierarchs are integrated into the political elite of the Russian state and interacts with many government bodies. On the other hand, the Russian Orthodox Church tries not to take open political actions. While the Church’s decisions are rather authoritative towards both the clergy and the congregation, they lack the state power elements.
Transformation of legal and political systems
Reference:
Kondrashina, K.P.
Some problems related to administrative legal regulation in the sphere of migration policy of the Russian Federation.
// Law and Politics.
2007. ¹ 6.
P. 25-31.
URL: https://en.nbpublish.com/library_read_article.php?id=50194
Abstract:
The issue of regulating migration became acutely topical lately. However, as the author of this article points out, in spite of all the studies, the definitions and terms in this sphere are not sufficiently developed. Application of different terms to the same issue create additional difficulties both for legal practice and for the theory.
Transformation of legal and political systems
Reference:
Kistrinova, O.V.
Perspectives of development of federalism in Russia.
// Law and Politics.
2007. ¹ 6.
P. 32-37.
URL: https://en.nbpublish.com/library_read_article.php?id=50195
Abstract:
Russia is the state with the vast territories, where people of many nations and ethnoses live. Thus, Russia has all necessary prerequisites for a federal state, taking into account both geographical and national and cultural apsects. So Russia must be a federation based upton the constitutional principles. This in turn calls for a serious reform of the federal relations the way they exist right now.
Transformation of legal and political systems
Reference:
Litvinova, T.V.
Legal aspects of transformation of federal relations in the Northern Caucuses region
(a procedural solution).
// Law and Politics.
2007. ¹ 6.
P. 38-47.
URL: https://en.nbpublish.com/library_read_article.php?id=50196
Abstract:
Political and legal aspects of the Russian federalism as a whole and its implementation in the Northern Caucauses region became a subject of discussion for many authors. At the same time, the studies did not pay much attention to the choice of regional elites and its consequences. This article is aimed to fill the gaps and pay attention to the transformation of views of the power branches of particular Republics…
State security
Reference:
Ivanov, D.V.
Prevention of crimes in the sphere of drug dealing by the employees of the law enforcement bodies (the Ministry of Internal Affairs).
// Law and Politics.
2007. ¹ 6.
P. 48-53.
URL: https://en.nbpublish.com/library_read_article.php?id=50197
Abstract:
Prevention of crimes, which are committed by the employees of law enforcement bodies, is of paramaunt importance. Much of these crimes are related to drug dealing due to the fact that the officials have the powers, which they might use in distribution of drugs. At the same time the official, who abuses drugs, cannot perform his functions. The article by D.V. Ivanov is devoted to this specific type of crime, as wel as prevention measures.
International relations: interaction systems
Reference:
Kuznetsova, A.V.
Norm-creating activities of the General Assembly of the UN.
// Law and Politics.
2007. ¹ 6.
P. 54-59.
URL: https://en.nbpublish.com/library_read_article.php?id=50198
Abstract:
Participation of the General Assembly in formation of the international conventiosn is well-recognized among the international legal scholars, and its status and powers provide for vast opportunities in various spheres. However, the issue of status and power of the GA Resolutions in more controversial.
Stabilization systems: fiscal control
Reference:
Logachev, O.E.
The Central Bank of the Russian Federation
as a participant of the relations concerning bankruptcy of the credit organizations.
// Law and Politics.
2007. ¹ 6.
P. 60-64.
URL: https://en.nbpublish.com/library_read_article.php?id=50199
Abstract:
As the author of this article points out, under the existing banking law, it is impossible to classify bank supervision as solely regulating or solely managerial activity. The only reference to the issue is in the clause 3 of the Art. 55 on the Federal law “On the Central Bank of the Russian Federation (the Bank of Russia)”, which may be interpreted as a prohibition to directly manage the credit organizations.
Stabilization systems: fiscal control
Reference:
Makova, L.Y.
Some specific features of the bankruptcy proceedings of the commercial bank.
// Law and Politics.
2007. ¹ 6.
P. 64-69.
URL: https://en.nbpublish.com/library_read_article.php?id=50200
Abstract:
The very concept of the bancruptcy procedure changed greatly in the modern Russian legislation. The legislatior attempts to solve a number of complicated theoretical and practical issues and balance public and private interests justly. However, by eliminating some problems, the legislator often creates other problems…This problem is studied by the author of this article based upon the example of the bancruptcy of the commercial banks.
Stabilization systems: fiscal control
Reference:
Scherbakova, O.I.
Improvement of legal regulation of the activities of the foreign legal persons
in the sphere of securities.
// Law and Politics.
2007. ¹ 6.
P. 70-77.
URL: https://en.nbpublish.com/library_read_article.php?id=50201
Abstract:
As the author of this article points out tax reforms of late years mainly concerned themselves with the general issues, while there remained serious gaps, such as taxation of foreign juridical persons in the sphere of securities…
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Lokhmatov,E.A.
The ombudsman and the judicial system
in the Baltic States: mechanisms
and problems of interaction.
// Law and Politics.
2007. ¹ 6.
P. 78-90.
URL: https://en.nbpublish.com/library_read_article.php?id=50202
Abstract:
Existing models of interaction between the ombudsmen and the judicial systesms of the Baltic States are of interest from both the theoretical and the practical standpoint. This article reviews these issues, while taking into account the experience of other states of the world and the views of legal scholars…
Transnational interests
Reference:
Medvedeva, N.N.
Political goals, options and conditions for realization of the gas cartel project.
// Law and Politics.
2007. ¹ 6.
P. 91-101.
URL: https://en.nbpublish.com/library_read_article.php?id=50203
Abstract:
One of the ways to ensure the long-term strategic interests of Russia may be the so-called “gas cartel”, and its various perspectives literally “exploded” the political discourse in 2006. This article concerns itself with both the history of the issue and the possible vectors of its development. One of the issues concerned would be the possibilty to use the gas cartel as a political pressure instrument… Such a possibility is recognized both by the Russian and the Western political elites alike.
Transnational interests
Reference:
Malakhova, N.L.
International legal position of France towards the definition and width of the territorial sea.
// Law and Politics.
2007. ¹ 6.
P. 102-108.
URL: https://en.nbpublish.com/library_read_article.php?id=50204
Abstract:
The new international maritime law and the French doctrine on territorial sea developed in close relaton. The position of France in this sphere is particularly interesting, since it reflects the tendencies concerning both the position of nation states at the international conventiosn, and the individual interests of France, as a state, which actively uses sea and its resources.
Transnational interests
Reference:
Malenko, V.S.
Land relations with a foreign element.
// Law and Politics.
2007. ¹ 6.
P. 109-115.
URL: https://en.nbpublish.com/library_read_article.php?id=50205
Abstract:
Securing land interests of investors plays an important role on stabilizing foreign investments in the Russian Federation. It especially concerns the non-agricultural sphere, where the land serves as a basis for various objects of the deals with the foregn investors…
JUDICIAL POWER
Reference:
Vaneeva, L.A., Sklizkov, A.N.
On the issue of theoretical and methodological bases of studying the principles of criminal judicial procedure.
// Law and Politics.
2007. ¹ 6.
P. 116-121.
URL: https://en.nbpublish.com/library_read_article.php?id=50206
Abstract:
While for many years the system of principles of criminal judicial procedure have been the subject to discussion, there are still no criteria for allowing particular provisions into the system. For this very reason Chapter 2 of the Criminal Procedural Code, which provided for 14 principles was viewed as a positive feature of the Code. At the same time the discussions were not over, and the system provided by the Code is subject to criticism.
Human and state
Reference:
Zatonsky, V.A.
Legal mentality, sense of justice and legal activity of the people within the context of higher efficiency
of the Russian statehood.
// Law and Politics.
2007. ¹ 6.
P. 122-129.
URL: https://en.nbpublish.com/library_read_article.php?id=50207
Abstract:
Currently most people in the Russian society lack even the basic legal knowledge. Thus, while the totalitarian regime was demolished, its offsprings remain in the people’s views and minds. Many Russians still retain the old attitude to state and power, and at the same time greatly distrust the government and the law. One of the examples of this attitude could be constant “attacks’ on part 3 of Art. 81 of the Russian Constitution, providing that the President cannot serve more than 2 consequent terms…
Public communications
Reference:
Mishina, N.V.
On the advisability of systematization of legislation in the sphere of railway transportation.
// Law and Politics.
2007. ¹ 6.
P. 130-133.
URL: https://en.nbpublish.com/library_read_article.php?id=50208
Abstract:
Current legislation on railways retains many shortcomings. It’s only quite recently that the railway system received a due legal status. Now there is need to clearly set rights and obligations of the industrial railways and the passenger railways organizations, since the gaps in new legislation became obvious very soon…
Public communications
Reference:
Dogadailo, E.Y.
Forms of expression of time in the legal system.
// Law and Politics.
2007. ¹ 6.
P. 134-141.
URL: https://en.nbpublish.com/library_read_article.php?id=50209
Abstract:
In Russian legal science the problem of correlation of time and law was usually viewed from the angle of application of legal norms, or legal constrution of terms. The author of this article pays attention to different aspects. What are the “legal time”, “social time” and what is their value?
Practical law manual
Reference:
Kravets, N.V.
Specific features and order
of state registration of mortgage.
// Law and Politics.
2007. ¹ 6.
P. 142-145.
URL: https://en.nbpublish.com/library_read_article.php?id=50210
Abstract:
This article continues the series by this author related to various aspects of mortgage. The author now pays attention to registering the mortgage in the modern Russian law and existing problems.
Practical law manual
Reference:
Isho, K.D.
Comparative characteristics of legislation
on obligatory insurance of the civil responsibility of the owners of transportation vehicles in the foreign states.
// Law and Politics.
2007. ¹ 6.
P. 146-151.
URL: https://en.nbpublish.com/library_read_article.php?id=50211
Abstract:
In the Russian Federation the instituion of insurance of civil responsibility of the owners of transporation vehicles in the foreign states is just being formed and there are many related problems. For this reason the experience of the foreign states, where this institution have been in use for a long while, may be very valuable for the Russian Federation.
Practical law manual
Reference:
K.D. Isho
Poryadok zaklyucheniya, ispolneniya i prekrashcheniya dogovora obyazatel'nogo strakhovaniya grazhdanskoi otvetstvennosti vladel'tsev transportnykh sredstv.
// Law and Politics.
2007. ¹ 6.
P. 1525-1533.
URL: https://en.nbpublish.com/library_read_article.php?id=50583
Abstract:
By creating the obligation of car owners to insure their civil liability to third parties for damage caused to their life, health or property, the legislator pursued certain goals to protect the rights of victims of road accidents. Such a mechanism of legal protection is created with the help of a specially developed contractual structure, which is designed to ensure that the interests of all subjects of the legal relations under consideration are respected. The article by K.D. Isho examines the specifics of this agreement.