Theory
Reference:
Lubbe-Wolf, Gertruda, Vykolova, T.V. (2008). Topicality of Hegel’s philosophy. The speech for the Berlin and Brandenburg Academy of Sciences of Mardch 23, 2007. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50365
Abstract:
The article presents a report by G. Lube-Wolf on the relevance of Hegel's philosophy in the modern world. Hegel realized better than others that thoughts, as well as institutions, can originate and develop at any time and under any circumstances. This is a very relevant remark. The time has already come to recognize Hegel as the founder of the institutional order of thinking, which we have heard about before and which can still be learned.
Theory
Reference:
Bolgova, V.V. (2008). Theoretical problems of the structure of the public law. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50366
Abstract:
Today, when the study of public and private law is no longer connected with any dogmatic ideological attitudes, the problem of the structure of public law is extremely rarely considered in theory as an independent one. It can be said that it has become a generally accepted scientific practice to determine the structure of public law through the enumeration of its branches. The article by V.V. Bolgova discusses the actual problems of the structure of public law.
Jurisprudence
Reference:
Lipinsky, D.A. (2008). Positive legal responsibility and the promotional sanctions: the problems of correlation. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50367
Abstract:
This article by D.A. Lipinsky is devoted to topical aspects of the correlation of positive legal responsibility and incentive sanctions, examples of acts of application of responsibility are studied, the reflection of this correlation in legal facts.
Jurisprudence
Reference:
Astemirova, L.A. (2008). The presumption of innocence as a general legal presumption. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50368
Abstract:
Traditionally, the presumption of innocence is classified as a special industry presumption related to the criminal process. Indeed, it is a fundamental principle of criminal justice. But the ethical aspect of this principle has a broader meaning. The humanistic content of the presumption of innocence makes it possible to recognize it as a general legal presumption. Therefore, it is legitimate to extend it to all branches of law, where proof of guilt in the commission of an offense is decisive.
Jurisprudence
Reference:
Mae Van Thang (2008). The legal system: definition and specific features of the Vietnamese legal tradition. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50369
Abstract:
The article by Mai Van Thang examines the general theoretical aspects of the concept of the legal system, its reflection in Russian and foreign legal theory, special attention is also paid to the specifics of the legal system of Vietnam, which is currently undergoing a number of reforms. As the author of the article notes, an important feature of the legal system of Vietnam should be considered that the communist ideology acts as its dominant legal ideology…
Authority and management
Reference:
Hamidulin, V.S. (2008). Correlation of the center and the regions in the modern Russia: problems and perspectives. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50370
Abstract:
The federal structure is enshrined in the Constitution of Russia, but according to the author of the article, federalism in our state faces serious problems in reality. The steady centralization of relations between the center and the regions in the late 1990s and early 2000s led to an obvious weakening of the institutions of the federation in Russia and even to their abolition. The article examines the existing problems and prospects for their resolution, as well as some features of the theory of federalism.
Transformation of legal and political systems
Reference:
Fon Bogandi, Armin (2008). Constitutionalism in the international law: comments to the German proposal. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50371
Abstract:
Understanding modern international law as a constructive block of the global legal community is an ever-present conceptual topic for many German international lawyers, such as Christian Tomuschat, whose research positions, including in the context of its projection on a broader direction of universalist theories, including their latest development in the recent work of Jurgen Habermas (Jürgen Habermas), this article is largely devoted to. The interpretation of international law described in this article advocates an international public order that effectively ensures universal principles and contributes to solving global problems.
Transformation of legal and political systems
Reference:
Tsipun, A.V. (2008). Constitutional bases of development of the international law. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50372
Abstract:
The problems of the correlation of international and national law in different countries are treated ambiguously. Nevertheless, as the author of this article notes, in the constitutions and legislation of many countries, the principles and norms of international law are recognized as part of national law and preference is given to international law in case of conflict with the norms of domestic law. The article by A.V. Tsipun examines the possibilities and limits of the application of international law in the Russian Federation…
State security
Reference:
Molchanov, S.V., Nekhaichik, V.K. (2008). Protection of personal information of the state servants in the Russian Federation: problems of legal regulation. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50373
Abstract:
A state civil servant of the Russian Federation is endowed with a special legal status, including rights, duties, prohibitions, restrictions and other elements, he has a special employer – the state. At the same time, a civil servant is primarily a citizen of the Russian Federation. Therefore, considering the problems of protecting his personal data, it should be borne in mind that the state protection of the individual, his rights and freedoms is guaranteed by the Constitution of the Russian Federation. This article discusses general and special guarantees of the rights of civil servants, the problems that have developed in practice.
International security systems
Reference:
Pecheritsa, V.F., Chan Yang (2008). China and Russia within the context of the new threats and dangers to the national security. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50374
Abstract:
In solving the complex problems of international and regional security that take place in the modern world, the most important role belongs to the PRC and the Russian Federation. The huge political and economic potential of these two countries, which is steadily increasing. In recent years, in the field of political interaction, China and Russia have moved to a new higher level – from constructive cooperation to strategic partnership. Is this level sufficient for new threats and challenges emerging in the modern world, what are the prospects for the development of cooperation?
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Kozhevnikov, O.A. (2008). The right to association from the position of the European Convention for the Human Rights and Basic Freedoms. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50375
Abstract:
Recently, the study of the problems of the right to association is relevant not only from the point of view of national legislation, but also adopted international legal documents. The right to association, being one of the fundamental rights and freedoms of the individual in the system, finds its consolidation both in domestic and international law. In O.A. Kozhevnikov's article, this problem is considered from the standpoint of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
International relations: interaction systems
Reference:
Seidov, Sh.G. (2008). Information society and the changes in the foreign political relations in the modern world. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50376
Abstract:
This article by Sh.G. Seidov gives a methodological approach to the study of the information society as a factor influencing changes in modern foreign policy relations.
International relations: interaction systems
Reference:
Troekurov, E.R. (2008). Neutrality as an institution of the international law (formation, development, modern doctrines). Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50377
Abstract:
Neutrality, as an actual or even more promising international legal institution, as an influential state policy, is not talked about, or almost not talked about. The concept of neutrality continues to be present in international law. But has it really been preserved as a special international legal status of a state declaring its commitment to the policy of neutrality? Is there any reason to believe that the policy of sovereign neutrality, which is based on the generally recognized neutral status of the State, continues to exist? The answers to these and other questions are presented in the article by E.R. Troekurov.
Stabilization systems: government control
Reference:
Zhiryakov, I.G. (2008). On the issue of the restoration of the state sovereignty of Austria after the 2nd World War: political and legal solution of the problem of withdrawal of the occupation forces of the Union states from its territory. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50378
Abstract:
The jubilee celebrations in Austria two years ago, dedicated to the 60th anniversary of the end of World War II and the 50th anniversary of the signing of the State Treaty, documentary publications in this regard have once again made the issues related to the occupation of Austria, and, above all, the Soviet occupation, debatable. These new and previous publications today give grounds to address the political and legal problems of the withdrawal of the occupying forces of the Allied Powers from the territory of Austria after the Second World War.
Stabilization systems: fiscal control
Reference:
Mozolev, V.V. (2008). Problems of realization of the Clause 4 of the Art. 104 of the Constitution of the Russian Federation by the Government of the Russian Federation. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50379
Abstract:
One of the urgent problems of the participation of the Government of the Russian Federation in the legislative process is the mechanism for the implementation of Part 3 of Article 104 of the Constitution of the Russian Federation, which establishes that bills on the introduction or abolition of taxes, exemption from their payment, on the issue of government loans, on changes in financial obligations, as well as bills providing for expenses covered by the federal budget, They can be submitted to the State Duma only if there is an opinion of the Government of the Russian Federation. According to the author of the article, this constitutional and legal norm does not clearly regulate the relations related to the conclusion of the Government on the above-mentioned bills.
Law and order
Reference:
Bikeev, I.I. (2008). Some issues of criminal legal policy of fighting illegal turnover of highly dangerous material objects. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50380
Abstract:
In the context of the constantly occurring scientific and technological revolution, the fight against illegal handling of high-risk material objects is becoming increasingly important. This is one of the important directions of criminal law policy due to the multiplicity of objects of legal protection that may be harmed by such objects, the increasing number and varieties of such objects, the increase in the number of accidents, catastrophes, challenges to law and order using such objects. The article by I.I. Bikeev discusses current problems in this area.
JUDICIAL POWER
Reference:
Butkevich, O.V. (2008). International law in the judge’s activity (some legislative, historical and legal problems of Ukrainian judiciary). Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50381
Abstract:
As the author of this article notes, while fully recognizing the practice of applying international law by courts, Ukrainian legislation, however, does not disclose its content and does not contain a clear mechanism for the application of international legal acts by a national judge. In this way, it often only confuses the court, creating additional problems for it in the field of international law. The analysis of problems arising in practice and their grounds is presented in this article.
JUDICIAL POWER
Reference:
Shadrina, E.G. (2008). Nature and limitations to the state accusation under the Criminal Procedural Code of the Russian Federation. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50382
Abstract:
The question of the nature and limits of the state prosecution is of particular concern to scientists in the light of the novelties introduced into the Criminal Procedure Code of the Russian Federation in connection with the creation of the Investigative Committee under the Prosecutor's Office of the Russian Federation and the reorganization of the Institute of inquiry. What is the current State prosecution?
JUDICIAL POWER
Reference:
Starodubova, G.V. (2008). The role of the presumption of innocence within the methods for finding out the truth. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50383
Abstract:
The presumption of innocence, being a normative expression of the dialectical law of denial of denial, not only determines the direction of criminal procedural cognition, but also shows the ways in which its goal is achieved - the truth is established. This, in turn, allows us to designate the presumption of innocence itself as one of the methods of cognition used mainly in criminal proceedings ... this article is devoted to its place and significance.
JUDICIAL POWER
Reference:
Gladysheva, O.V. (2008). The role of adversary proceedings for the fair criminal trial. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50384
Abstract:
With the beginning of judicial and legal reform at the end of the 20th century and, especially at the beginning of the 21st century, the problem of competition manifested itself with renewed vigor. The needs of modern Russian society dictate the need to create such criminal proceedings that would take into account their nature to the maximum extent and, first of all, the need for justice. The definition of its current content in criminal proceedings, the study of which is devoted to this article, is one of the urgent scientific problems.
Public communications
Reference:
Ryabchikov, R.V. (2008). Theory and practice of application of the information and telecommunication network “Internet” for elections: problems and perspectives. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50385
Abstract:
The Internet, despite various obstacles, is becoming an integral part of society. Due to the huge capabilities of the global network, questions inevitably arise about the comparability and compatibility of the Internet phenomenon, which is new to us, and such a traditional institution as elections. Is it worth talking about the gradual replacement of the traditional content of elections with "virtual" electoral procedures on the Internet due to the increasing role of the global network in the electoral process?
Anthropology of law
Reference:
Marchenko, V.Y. (2008). Protection of the person’s dignity within the Constitutions and the Ustavs of the constituents of the Russian Federation. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50390
Abstract:
The question of the place of national/ethnic identity in the globalizing world, which ultimately boils down to whether the historical identity of the country, its cultural, social, ethno-national identity can "participate" in modern modernization processes (stimulate renewal or hinder it), is extremely complex. The author of this article presents his own version of the answer to this question…
History of state and law
Reference:
Napso, M.B. (2008). National identity in the modern world: social, philosophical, political and legal aspects. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50391
Abstract:
On January 19, 1833, Emperor Nicholas I, in a specially assembled meeting of the State Council, announced the creation of a Code of Laws of the Russian Empire, putting an end to the work that had been going on for more than a hundred years to restore order in the legislative array of the country. This article pursues the following objectives: to show the place and role of the Code of Laws in the legal policy of the Russian state; to characterize the conceptual approaches of M.M. Speransky to the creation of the Code of Laws; briefly the content of the works on the creation of the Code of Laws; to analyze the Code of Laws of the Russian Empire as an act of systematization of the legislation of the Russian Empire; to identify the main directions of the influence of the Code of Laws on the development of the legal system of Russia.
History of state and law
Reference:
Bazhenova, T.M., Kodan, S.V. (2008). On the 175th anniversary of the Code of Laws of the Russian Empire. The Code of Laws of the Russian Empire and its role within the legal development of Russia. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50392
Abstract:
The course of accelerating the reforms carried out in Russia forces the legislator to strive for faster filling of emerging legal niches that are not covered by the current federal and regional legislation, as well as regulation of new social relations arising in the context of globalization. All this makes it relevant to use special knowledge to verify the correctness and validity of decisions taken, including in the field of legislation… This article is devoted to the historical aspect of the examination.
Practical law manual
Reference:
Korotkova, O.A. (2008). On the issues of development of the institution of expertise. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50393
Abstract:
The study of scientific literature and investigative practice has shown that recently in the Russian Federation there has been an increase in violent crimes committed by women, including homicides on domestic grounds. This article is devoted to the study of the specifics of this category of crimes.
Practical law manual
Reference:
Patrusheva, T.V., Kalinovsky, V.A. (2008). Criminalistic characteristics of murders, performed by women for domestic causes. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50394
Abstract:
The purpose of the article is an attempt to present a general description of the legal regulation of the activities of commodity exchanges, as well as to analyze the most pressing legal problems in the organization of exchange trading.
Practical law manual
Reference:
Izyumov, I.V. (2008). Legal regulation of stock exchange within the markets of particular goods and products. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50395
Abstract:
In case of violation of civil rights, including in the performance of the supply contract, their protection can be carried out not only by applying civil liability measures, but also by other means of protection and influence on violators of obligations. Various types of responsibility are investigated in this article.
Practical law manual
Reference:
Surovtsev, D.V. (2008). Responsibility of the parties in case of avoidance (amendment) of the contract for the commercial sale of goods. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50396
Abstract:
Among the methods of foreclosure, judicial and extrajudicial foreclosure is distinguished. The article discusses the regulation of extrajudicial foreclosure on the subject of collateral, as well as a number of other aspects.
Practical law manual
Reference:
Makovsky, M.V. (2008). The extrajudicial way of applying recovery to the deposited property: perspectives of development. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50397
Abstract:
One of the controversial issues of the theory of inheritance and land law, which continues to require a theoretical and legislative solution, is the inheritance of land plots and buildings located on them. As the author of the article notes, the analysis of regulatory legal acts also allows us to conclude that the internal inconsistency of the norms of both civil legislation regulating property rights to real estate objects and the turnover of these objects, and land legislation is obvious.
Academic life
Reference:
Psyol, O.P. (2008). Legal problems of realization of the principle of the united destiny of the plot of land and the building on it in case of inheritance. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50398
Abstract:
On May 22, 2007, the Institute of State and Rights of the Russian Academy of Sciences hosted an international scientific conference "Post-Soviet Statehood: Problems of Development". It was attended by employees of various research institutions and universities in Moscow, teachers of peripheral universities, researchers from CIS countries. Her review is presented in this article.
XXI century International law
Reference:
Sokolschik, I.M. (2008). International legal conference “Post-Soviet Statehood: Problems of Development” (review). Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50399
Abstract:
The main report of the international scientific conference "Post-Soviet Statehood: problems of development" "State-legal construction in the post-Soviet period: achievements and difficulties" was presented by Prof. L.S. Mamut (IGP RAS). The text of the report is published in this issue of the journal.
XXI century International law
Reference:
Sokolschik, I.M. (2008). International legal conference “Post-Soviet Statehood: Problems of Development” (review). Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50400
Abstract:
On October 18-19, 2007, St. Petersburg State University hosted a representative scientific conference with the participation of leading Russian international lawyers dedicated to the 75th anniversary of the world-famous scientist, Doctor of Law, Professor of the Department of International Law of the Faculty of Law of St. Petersburg State University L.N. Galenskaya. An overview of this conference is presented in the article by I.Z. Farkhutdinov.
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