Conflict: tools of stabilization
Reference:
V.A. Fedosenko
70th anniversary of the Academician of the Russian Academy of Sciences, member of the RAS Presidium, head of the Moscow State Legal Academy Oleg Emelyanovich Kutafin.
// Law and Politics.
2007. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50232
Abstract:
On March 03, 2007, Decree of the President of the Russian Federation No. 269 "On commissions for compliance with the requirements for the official conduct of State civil servants of the Russian Federation and settlement of conflicts of Interest" was signed, which approved the regulations on the relevant commissions. This work is intended to analyze the essence and significance of these documents for the practical regulation of official relations within the framework of the reforms that are gaining momentum – administrative and civil service.
Conflict: tools of stabilization
Reference:
Permyakov, Y.E.
Positivist and metaphysical forces in the philosophical understanding of law.
// Law and Politics.
2007. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50233
Abstract:
As the author of this article points out, its goal is to substantiate the thesis on the necessity of basic terms of legal science to be taken from the philosophical sphere, rather than grabbed out of everyday common experience, which serves as a basis for theoretical knowledge in all spheres.
Academic life
Reference:
Guseinov, A.I.-ogly.
The problem of values in legal science.
// Law and Politics.
2007. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50234
Abstract:
The study of phenomenon of law based on culturological approach allows us to see the depths of nature of legal material related to the mental scenarios. For example, it is obvious that the law is expressed not only in written sources, but rather in the combined expression of the mode of thinking characteristic of a particular culture. What are the recognized values of various culture and how do they correlate in legal science?
Anniversaries
Reference:
Lukyanenko, M.F.
Evaluative definition of civil law: history and modern state.
// Law and Politics.
2007. ¹ 7.
P. 5-6.
URL: https://en.nbpublish.com/library_read_article.php?id=50212
Abstract:
Evaluative terms have been existing throughout the history of various legal systems. This analysis of historical and modern material and comparative legal studies allow to show the obvious tendency to broader use of evaluative terms in civil law norms. This tendency can, for example, be seen in the Civil Code of the Russian Federation, which at times also provides for additional criteria to limit the discretion…
Theory
Reference:
Minniakhmetov, R.G., Karimova, R.R.
On the natural legal character of legal obligation.
// Law and Politics.
2007. ¹ 7.
P. 7-13.
URL: https://en.nbpublish.com/library_read_article.php?id=50213
Abstract:
The Russian legal scholars lack the single point of view on the natural legal character of legal obligations. Usually they refer only to the voluntary realization, which does equal legal obligation as a whole. The goal of this article is to substantiate the paradigm of legal obligation of natural legal character and its application within the framework of positive law.
Jurisprudence
Reference:
Nekhaichik, V.V.
Political and legal meaning of motivation of the category of “public order”
// Law and Politics.
2007. ¹ 7.
P. 14-22.
URL: https://en.nbpublish.com/library_read_article.php?id=50214
Abstract:
The problem of the” social order” still remains unsolved, since, as the author of this article points out, the current state of this social and legal category is something unheard of before in phylosophy or in jurisprudence and legal practice…
Jurisprudence
Reference:
Obydenov, V.V.
Problems of theory and practice of application of circumstances, mitigating administrative responsibility for the actions of the executive legal branch.
// Law and Politics.
2007. ¹ 7.
P. 23-31.
URL: https://en.nbpublish.com/library_read_article.php?id=50215
Abstract:
Analysis of Russian legislation shows that the Code of the Russian Federation on the Administrative Offences includes six types of mitigating circumstances, while the Criminal Code of the Russian Federation provides for ten such circumstances, and the Tax Code of the Russian Federation provides for two such cases. The list of mitigating circumstances under the administrative law provisions is not a closed one. This article contains analysis of related theory and practice.
Jurisprudence
Reference:
Bogdanovskaya, I.Y.
Specific features of systematization in the common law states.
// Law and Politics.
2007. ¹ 7.
P. 32-37.
URL: https://en.nbpublish.com/library_read_article.php?id=50216
Abstract:
Systematization have always carried a special character in the common law states. The historic domination of casual norms over abstract norms did not provide for efficient codification, while there were certain attempts and developments, so the issue of codification have always been a touchy one. The codification includes not only statutes, but also the precedents. And for example in the UK alone there is about 800 000 precedents, with about 50 volumes of statutes. This article by I.Y. Bodganovskaya is devoted to the systematization experience in the common law states.
Jurisprudence
Reference:
Kulik, A.A.
Corporations in the civil law of the Russian Federation.
// Law and Politics.
2007. ¹ 7.
P. 38-41.
URL: https://en.nbpublish.com/library_read_article.php?id=50217
Abstract:
This article concerns the history of corporations and the current state of affairs in this sphere in Russian Federation. In this article the author gives his answers to the question of which juridical persons under the Russian civil law are fit to be named corporations.
Authority and management
Reference:
Machaladze, L.Z.
Political and legal aspects of fighting corruption in the modern Russia.
// Law and Politics.
2007. ¹ 7.
P. 42-47.
URL: https://en.nbpublish.com/library_read_article.php?id=50218
Abstract:
Corruption in the modern world, Russia included, has come to the extent unheard of before this time. The material, political and moral issues related to corruption in the Russian Federation have became so dangerous, that they may destabilize the statehood itself as well as its future development. Thus, the problem of fighting corruption went beyond the legal sphere and is now one of the key political problems.
Transformation of legal and political systems
Reference:
Shaikhutdinova, G.R.
Key concepts of flexibility in the European Union.
// Law and Politics.
2007. ¹ 7.
P. 48-51.
URL: https://en.nbpublish.com/library_read_article.php?id=50219
Abstract:
As G.R. Shaikhutdinova points out, in spite of the fact that the principle of flexibility was first introduced into the EU law in 1997 in the Amsterdam Treaty, even long before that time it have been voiced by different European politicians and gained different forms in their views. Different legal scholars find three to six and more various forms of this principle. This article contains analysis of evolution of this concept in the EU law.
Transformation of legal and political systems
Reference:
Slesarenko, E.V.
General characteristics of the leasing contract under the law of the Russian Federation and the US.
// Law and Politics.
2007. ¹ 7.
P. 52-62.
URL: https://en.nbpublish.com/library_read_article.php?id=50220
Abstract:
In spite of the fact that the institution of leasing have been in existence in the Russian law and practice for 12 years, still it is a comparatively new institution of great importance for the Russian economy. For this very reason, it is quite interesting to review the experience of the USA, the state, which was the birthplace of leasing, and by now possesses the whole leasing industry, such an analysis is provided in this article.
State security
Reference:
Vasilyeva, T.A.
Topical issues of judicial precedent as a source of law.
// Law and Politics.
2007. ¹ 7.
P. 63-70.
URL: https://en.nbpublish.com/library_read_article.php?id=50221
Abstract:
Currently there is much interest to the issue of judicial precedent and throughout the last ten years, there were many publications on this subject. This article by T.A. Vasilieva includes the review of existing opinions and problems in practice…
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Balashkina, I.V.
Specific features of constitutional regulation of the right to inviolability of private life in the Russian Federation.
// Law and Politics.
2007. ¹ 7.
P. 71-79.
URL: https://en.nbpublish.com/library_read_article.php?id=50222
Abstract:
While studying the legal theory and judicial practice of the Western states in the sphere of inviolability of the private life, one should note the broader approach to this concept compared to the Russian Federation. For our legal tradition it is more typical to include various aspects of this right to other rights and freedoms of an individual, such as right to freedom, freedom of speech, freedom of conscience. At the same time in our practice many important aspects of the right to inviolability of private life remain outside the scope of this right, and at times, outside of the scope of legal protection all together.
Transnational interests
Reference:
Abdulvares, M.A.
Implementation of international legal norms related to human rights in legislation of the Republic of Yemen
// Law and Politics.
2007. ¹ 7.
P. 80-83.
URL: https://en.nbpublish.com/library_read_article.php?id=50223
Abstract:
This article is devoted to the problems of implementing the international legal norms on human rights in the Republic of Yemen. The author studies both the general theoretical issues and analyzes the practice and national legislation on this issue.
JUDICIAL POWER
Reference:
Akramova, A.T.
Liberal heritage of I. Berlin.
// Law and Politics.
2007. ¹ 7.
P. 84-91.
URL: https://en.nbpublish.com/library_read_article.php?id=50224
Abstract:
This article is devoted to the influence of the scientific heritage of the revivor of the liberal political thought of the USA and Europea – I. Berlin on the classic schools of liberalism and on formation of the modern theory. As the author points out there is not much completed studies on this subject to be found. This is due to prohibition of works of this author and the ideology of the Soviet Union. The first works of the I. Berlin were only published in 1998, that is one year after his death. They stirred quite a storm of both support and anger, however, he could not respond to it…
Human and state
Reference:
Novikov, O.A.
The Byzantine concept of the “symphony of powers”. Historical and political aspects.
// Law and Politics.
2007. ¹ 7.
P. 92-105.
URL: https://en.nbpublish.com/library_read_article.php?id=50225
Abstract:
The concept of the “symphony of powers” which lays at the foundation of the Byzantine civilization, is an idea of harmonious existence of the laws of the Church and laws of the State, providing that the laws of the Church are at the same time the laws of the State, which guarantees them. This concept was so expressed in the Byzantine written law of the IX century…
Human and state
Reference:
Pastukhova, L.S.
On the youth parliamentarism in the Russian Federation.
// Law and Politics.
2007. ¹ 7.
P. 106-109.
URL: https://en.nbpublish.com/library_read_article.php?id=50226
Abstract:
The youth parliamentarism is a specific social expression of political and legal relations between the state and the civil society. In this sphere support of the youth parliamentarism may become the instrument which allows the state to speak the same language with the young people. And while this system exists throughout the Russian Federation, the youth parliamentarism in the Russian Federation is way far from perfection…
Legal and political thought
Reference:
Golubeva, L.N.
Key directions of general victimological prevention of violent crimes.
// Law and Politics.
2007. ¹ 7.
P. 110-114.
URL: https://en.nbpublish.com/library_read_article.php?id=50227
Abstract:
Currently, except for the constitutional declarative norms, fighting crime in Russia is virtually unrelated to its key goal: to protect the people – the potential victims of crime. The law enforcement practice simply ignores the victims’ interests, which, in turn, causes for the sense of being unprotected among the people, the growing fear of criminal threat. What measures are necessary?
Legal and political thought
Reference:
Vereschagin, S.G.
Tax policy in the USSR since 1917 to 1941.
// Law and Politics.
2007. ¹ 7.
P. 115-122.
URL: https://en.nbpublish.com/library_read_article.php?id=50228
Abstract:
The events, which took place in the USSR in the 1930s, when the state held industrialization and collectivization of the entire state and created the non-goods related model of socialistic economy and the planned mechanisms, have no match in history. This article by S.G. Vereschagin is devoted to the specific features of taxation 1917 to 1941, the force-based practice of tax collection and its consequences…
Public communications
Reference:
Fedosenko, V.A.
Topical issues of civil state service in the Russian Federation: reglamentation of compliance to requirements to the state-service related behavior and conflict of interests regulation.
// Law and Politics.
2007. ¹ 7.
P. 123-128.
URL: https://en.nbpublish.com/library_read_article.php?id=50229
Abstract:
On March 3, 2007 the President of the Russian Federation signed the Decree N. 269”Om Commissions for Ensuring Compliance With the Requirements to Service of the State Civil Servants of the Russian Federation and the Regulation of Conflicts of Interests”, which also included the Provision for such Commissions. This article is aimed to analyze the nature and importance of these legal acts for practical regulation of the relations within the state service system at the time of administrative reform and state service reform.
Anthropology of law
Reference:
Kazarin, I.
Return of deposit accounts: chronology and mechanism of changes in the judicial practice. Legal and “political” aspects to claims of depositors to the Savings Bank of the Russian Federation.
// Law and Politics.
2007. ¹ 7.
P. 129-132.
URL: https://en.nbpublish.com/library_read_article.php?id=50230
Abstract:
In 1993 the Savings Bank of the Russian Federation launched and active ad campaign for the savings bank accounts for 10 years period “For the Children” on a very high interest percentage. However, when in 2003 and 2004 people came to banks to receive their money, it turned tout that starting from the 1994 the Bank lowered the interest rate without notifying the people, which ended up with people getting not the 15 119, 40 USD they expected, but a mere 13, 29 USD. When the people went to the courts they won their cases at first, but then there was an abrupt change in practice, engineered by the High Courts of the Russian Federation. This article contains a critical analysis of the judicial practice.
History of state and law
Reference:
Minniakhmetov, R.G. Faizullin, G.G.
Law-making and law-enforcement in the Russian Federation: issues of theory and practice.
// Law and Politics.
2007. ¹ 7.
P. 133-143.
URL: https://en.nbpublish.com/library_read_article.php?id=50231
Abstract:
On February 20-21, 2007 the Ufimsk Branch of the Urals State Legal Academy held the All-Russian Scientific and Practical Conference “Law-Making and Law-Enforcement Activity in the Russian Federation: Issues of Theory and Practice”, as devoted to the 450th anniversary of inclusion of the Bashkiria into Russia and the 5th anniversary of the Ufimsk Branch of the Urals State Legal Academy…
Biblion
Reference:
Gligich – Zolotareva, M.V.
Modern state: myths and reality. Review of the monograph by A.D. Kerimov “Modern State: Issues of Theory”.
// Law and Politics.
2007. ¹ 7.
P. 144-146.
URL: https://en.nbpublish.com/library_read_article.php?id=50235
Biblion
Reference:
Timofeeva, L.N.
China becomes more comprehensible.
Review of the book by Popov, A.P. Political systems and political regimes in China of the XX century. Moscow: “Ekzamen” Publishing House, 2007, 287 p. ISBN 5-472-02358-0
// Law and Politics.
2007. ¹ 7.
P. 147-149.
URL: https://en.nbpublish.com/library_read_article.php?id=50236
Biblion
Reference:
Semyaninov, V.P.
On the issue of sources of modern constitutionalism in the Federal Republic of Germany: political and legal studies.
Review of the Monograph by V.G. Bayev. German Constitutionalism (late XVIII to first one-third of the XX century). Tambov, TGU named after G.R. Derzhavin, 2007, 422 p.)
// Law and Politics.
2007. ¹ 7.
P. 150-151.
URL: https://en.nbpublish.com/library_read_article.php?id=50237
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