Question at hand
Reference:
Tolpegin, P.V., Maksimov, D.A.
Society and statehood in Russia: ways of development in XXI century.
// Law and Politics.
2008. ¹ 12.
P. 2839-2847.
URL: https://en.nbpublish.com/library_read_article.php?id=50781
Abstract:
From the point of view of the authors of this article one of the key issues related to correlation between the society and the statehood in Russia is that the system of institution is taken from abroad, while the social and cultural codes, archetypes are being ignored. Thousands of years of Russia’s experience ended up being ignored. At the same time the respect for heritage is one of the key factors in stability and success of any state.
Theory
Reference:
Michael Wolf,
Morals in Politics: Garve, Kant, Hegel.
// Law and Politics.
2008. ¹ 12.
P. 2848-2860.
URL: https://en.nbpublish.com/library_read_article.php?id=50782
Abstract:
This article is devoted to Hegel’s approach to morals and politics within the framework of historical context, to which Hegel refers. The second part of the article refers to the analysis of Hegel’s approach, as established in P. 337 A of “Bases of Philosophy of Law” and its correlation to the other issues of the above-mentioned discussion. In the third part of the article, the author attempts to evaluate Hegel’s position and its topicality in the modern world.
Transformation of legal and political systems
Reference:
Dobrynin, N.M.
Russian constitutionalism: new review at the anniversary.
// Law and Politics.
2008. ¹ 12.
P. 2861-2864.
URL: https://en.nbpublish.com/library_read_article.php?id=50783
Abstract:
As the author of this article points out, rather than reforming the Constitution of the Russian Federation one should pay attention to use of its existing capabilities, which could be applied to improve the democratic elements and separation of powers, as well as the relations between the federal center and the constituent subjects considerably.
Transformation of legal and political systems
Reference:
Danilenko, D.V.
Modern form of government in France and the Constitutional Reform of July 23, 2008.
// Law and Politics.
2008. ¹ 12.
P. 2865-2870.
URL: https://en.nbpublish.com/library_read_article.php?id=50784
Abstract:
The constitutional reform, as established by the Congress of the 5th Republic on July 23, 2008 is probably the largest set of amendments to the French Constitution ever. About half of the Constitution of 1958 was changed and a new chapter appeared. While the author does not attempt to evaluate all the amendments in this article, he centers his attention on the most crucial changes, which relate to the basic government bodies and their relations.
Transformation of legal and political systems
Reference:
Grigoryeva, A.V.
Autonomous districts in the Russian Federation: genesis, evolution, perspectives.
// Law and Politics.
2008. ¹ 12.
P. 2871-2877.
URL: https://en.nbpublish.com/library_read_article.php?id=50785
Abstract:
The issue of formation of the new system of state government in the sphere of territorial structure of the Russian Federation is quite topical nowadays, considering the variety of constituent subjects of the RF, which differ in size, wealth, population, resources, etc. The current reform presupposes enlargement of the subjects, and this topical problem is the focus of this article.
Authority and management
Reference:
Sklifus, S.V.
Legitimacy of state government as an element of stability of the Russian society and state.
// Law and Politics.
2008. ¹ 12.
P. 2878-2883.
URL: https://en.nbpublish.com/library_read_article.php?id=50786
Abstract:
Establishment of legitimacy of the state government is crucial for the stability of any state, be it related to the political stability or the rule of law, or the living standards of the people. The goal of this article is to establish the key preconditions and factors. Which influence establishment of legitimacy as a process.
Authority and management
Reference:
Merkuriev, A.V.
Structures of the civil society within the social mechanism of formation and realization of state government.
// Law and Politics.
2008. ¹ 12.
P. 2884-2890.
URL: https://en.nbpublish.com/library_read_article.php?id=50787
Abstract:
The issue of civil society has been topical ever since the democratic changes appeared in the USSR and later in the Russian Federation. The existence of civil society allows the people to express their needs more directly, while it provides new challenges to the government. This article is devoted to the above-mentioned topical problem.
Authority and management
Reference:
Tregubova, E.V.
Concept and nature of the institution of administrative prohibition in the Russian law.
// Law and Politics.
2008. ¹ 12.
P. 2891-2901.
URL: https://en.nbpublish.com/library_read_article.php?id=50788
Abstract:
This article is devoted to the legal institution as a legal category in the administrative law. This article establishes the nature of the legal institution, its correlation with the institution of administrative law. The author also touches upon most socially valuable administrative and financial law institutions. Based on theoretical analysis of the category of legal institution, the author provides ideas for improvement of administrative legislation as a whole.
State security
Reference:
Putov, A.V.
Basic definitions and instruments within the system of Immigration Rules of the Ministry of Internal Affairs of the United Kingdom.
// Law and Politics.
2008. ¹ 12.
P. 2902-2906.
URL: https://en.nbpublish.com/library_read_article.php?id=50789
Abstract:
This article is devoted to correlation between the international standards in the sphere of human rights and the immigration law of the United Kingdom. At the same time, the author studies the terminology of immigration law of the UK, as well as its specific features.
State security
Reference:
Stakhievich, S.P.
On strategical ecological evaluation.
// Law and Politics.
2008. ¹ 12.
P. 2907-2913.
URL: https://en.nbpublish.com/library_read_article.php?id=50790
Abstract:
As the author of this article points out, development of strategical ecological evaluation is top priority in the sphere of ecological evaluation and ecological expertise. Due to development of industry and economics, more and more factors influence the environment negatively. That is why just ecological evaluation and ecological expertise separately in particular case are no more sufficient, there’s need for strategical planning and evaluation.
International security systems
Reference:
Mamedaliev, Ch. S.
Problem of separatism in the modern world. Causes of its formation and ways to overcome it.
// Law and Politics.
2008. ¹ 12.
P. 2914-2917.
URL: https://en.nbpublish.com/library_read_article.php?id=50791
Abstract:
The problem of ethnical and territorial separatism is quite complicated and its solution within a single political or military action is impossible, wherever it may be - Spain, Russia or the UK. It is a long-term issue and it takes decades to solve it. This article by Ch.S. Mamedaliev is devoted to causes and means of overcoming this problem.
International security systems
Reference:
Stepanenko, A.V.
Legal regulation in the sphere of dealing with chemical substances: experience of the EU and the Federal Republic of Germany.
// Law and Politics.
2008. ¹ 12.
P. 2918-2921.
URL: https://en.nbpublish.com/library_read_article.php?id=50792
Abstract:
Analysis of requirements to production, use, utilization and other activities regarding chemicals is of key practical importance. This is due to both the greater turnover of chemicals and the greater dangers to people and environment. That is why in the Russian Federation, where the legislation on this issue is rather badly developed, it’s quite worth to research and study the European experience in this sphere…
Transnational interests
Reference:
Lunina, D.M.
Some issues related to international legal regulation of trans-border media taking the relations between the Russian Federation and Ukraine as an example.
// Law and Politics.
2008. ¹ 12.
P. 2922-2925.
URL: https://en.nbpublish.com/library_read_article.php?id=50793
Abstract:
Decision of the Ukrainian government to prohibit a number of foreign mass – media (Russian, Chinese, Georgian, Armenian, Israeli, etc.) from November 1, 2008 caused much political uproar both in the Ukraine and abroad. This article by D.M. Lunin is devoted to this topical problem.
Stabilization systems: government control
Reference:
Dobrovolsky, P.E.
Choice of method for evaluation of independence of election committees of municipal entities and definition of indicators of independence.
// Law and Politics.
2008. ¹ 12.
P. 2926-2929.
URL: https://en.nbpublish.com/library_read_article.php?id=50794
Abstract:
Organization and activities of the election committees in Russia are based on the principle of independence. At the author of this article points out, this principle needs to be established in legislative regulation of particular elements of status of election committees. The author considers that it is necessary to use multi-element statistical analysis of constitutional legal institutions, which is already established in Russian and foreign science, and to establish a new method for evaluation of independence of election commissions of municipal entities. .
Stabilization systems: government control
Reference:
Gubenkova, E.V.
Specific features and role of information factor influencing the process of realization of the principle of humanism while executing the criminal punishment in the form of deprivation of freedom.
// Law and Politics.
2008. ¹ 12.
P. 2930-2934.
URL: https://en.nbpublish.com/library_read_article.php?id=50795
Abstract:
The success of changes in the system of execution of criminal punishment towards its humanization depends, among other things, on quality of the information sphere. That is why it is quite important to research the information factor and its influence on above-mentioned process. This article by E.V. Gubenkova is devoted to the results of her research on this problem.
Stabilization systems: government control
Reference:
Panfilov, A.N.
Collisions of municipal legal acts related to the issues of protection, preservation, use and popularization of objects of cultural heritage.
// Law and Politics.
2008. ¹ 12.
P. 2935-2944.
URL: https://en.nbpublish.com/library_read_article.php?id=50796
Abstract:
The shift of powers between the federal level, the level of constituent subject of the Federation and the municipal level in the sphere of preservation of cultural heritage was ever meant to balance the relations in the public sphere, to provide for better protection for heritage, to exclude duplicated powers on different levels. This article by A.N. Panfilov is devoted to the collisions, which appeared during this process.
Stabilization systems: fiscal control
Reference:
Perfilieva, N.S.
Modern financial system of municipalities in the Great Britain: a retrospective of reform of late XX – early XXI centuries in the sphere of financial control.
// Law and Politics.
2008. ¹ 12.
P. 2945-2948.
URL: https://en.nbpublish.com/library_read_article.php?id=50797
Abstract:
As the author of this article points out, the historical tension between the central government and the local self-government in the UK came to a new level – one of economical cooperation. However, while the reform, which took place in late XX – early XXI centuries was efficient overall, the central policy still seems to establish financial dependency of the local-self government…
Law and order
Reference:
Myao Mayhua
Comparative analysis of Chinese and Russian criminal procedural legislation in the sphere of protection of victim’s rights.
// Law and Politics.
2008. ¹ 12.
P. 2949-2954.
URL: https://en.nbpublish.com/library_read_article.php?id=50798
Abstract:
When compared to the international standards the level of protection of victim’s rights in the criminal process in China is in clear need for improvement. It is partly due to the policy regarding protection of the accused and the punished, which existed for decades and decades. At the same time, the rights of the victims seemed second-rate, so the protection of victim is now less than protection of accused and punished. In the author’s opinion the situation in question calls for study of foreign experience, including the experience of the Russian Federation.
Law and order
Reference:
Bykova, N.V.
Personality of a criminal committing fraud in the sphere of insurance.
// Law and Politics.
2008. ¹ 12.
P. 2955-2959.
URL: https://en.nbpublish.com/library_read_article.php?id=50799
Abstract:
The insurance fraud has impressive history. Unlike Russia, where insurance crime is a rather “new” category, in the West this category has been the object of study for a long time. That is why the author of this article turns to the works of foreign scholars on insurance fraud. In the opinion of the author the insurance fraudsters need to be grouped and classified.
Law and order
Reference:
Vasiliev, A.M.
Reasonable risk within the system of circumstances excluding criminality of an act and its competition with other such circumstances.
// Law and Politics.
2008. ¹ 12.
P. 2960-2963.
URL: https://en.nbpublish.com/library_read_article.php?id=50800
Abstract:
This article is devoted to evaluation of reasonable risk as a circumstance, which excludes criminality of an act, and its goal is to establish its role among other similar categories, such as necessary defense and urgent necessity.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Khoroshilova, E.K.
Powers of the Court of European Communities.
// Law and Politics.
2008. ¹ 12.
P. 2964-2970.
URL: https://en.nbpublish.com/library_read_article.php?id=50801
Abstract:
This article by E.K. Khoroshilova is devoted to the problem of powers of the Court of the EC. The author comes to a conclusion that this Court has broad enough powers in order to fulfill its goals, and if the necessary powers aren’t directly granted the Court formulates them independently and follows them.
JUDICIAL POWER
Reference:
Kaigorodova, O.S., K.N. Emelyanov
Some problems related to remuneration for procedural expenses to some participants of criminal judicial procedure.
// Law and Politics.
2008. ¹ 12.
P. 2971-2975.
URL: https://en.nbpublish.com/library_read_article.php?id=50802
Abstract:
While studying the issue of remuneration for procedural expenses under the Criminal Procedural Code of the Russian Federation (Art. 131 – 132), the author pays attention to remuneration for transportation and housing expenses to witnesses, victims, experts, specialists, translators etc.
JUDICIAL POWER
Reference:
Kuchina, Y.O.
Circumstances, which need to be established in criminal cases related to professional legal assistance.
// Law and Politics.
2008. ¹ 12.
P. 2976-2981.
URL: https://en.nbpublish.com/library_read_article.php?id=50803
Abstract:
The correct definition of relevant circumstances is necessary for one, wishing to come to correct conclusions as to guilt of a particular person of a particular crime. The list of circumstances depends on specific cases, and the same applies to the crimes in the sphere of professional legal assistance.
Conflict: tools of stabilization
Reference:
Gruditsyna, L.Y.
Civil society and state: dialogue or confrontation?
// Law and Politics.
2008. ¹ 12.
P. 2982-2990.
URL: https://en.nbpublish.com/library_read_article.php?id=50804
Abstract:
The civil society is being formed, while its members are being recognized as free and possessing of inalienable rights. At the same time the civil society requires a state of a particular type, a state, which is capable of protecting its citizens both from other citizens and from the state itself. These issues form the focus of this article.
Public communications
Reference:
Czhan Sangshen
Political and legal regulation in the sphere of TV in the People’s Republic of China.
// Law and Politics.
2008. ¹ 12.
P. 2991-2994.
URL: https://en.nbpublish.com/library_read_article.php?id=50805
Abstract:
In 60 years of Socialist development the People’s Republic of China has formed a great net of mass media, which is now a great state industry of propaganda and agitation, with great technological abilities. The tempo of growth of mass media in China is one of the highest in the world. This article is devoted to problems of its political and legal regulation.
Human and state
Reference:
Kalamkaryan, R.A., Migachev, Y.I.
The Universal Declaration of Human Rights: role and meaning within the framework of global order based on Rule of Law.
// Law and Politics.
2008. ¹ 12.
P. 2995-3003.
URL: https://en.nbpublish.com/library_read_article.php?id=50806
Abstract:
As the authors of this article point out, the Rule of Law, which was essentially established as prohibition of arbitrary decisions among the subjects of law, juridical equality and access to judicial protection of human rights and freedoms, currently gains the prerequisites for its broad application due to the spread of the judicial bodies (both national and international).
Human and state
Reference:
Rudnev, N.A.
Legal regulation of access of citizens to information in the conditions of administrative reform.
// Law and Politics.
2008. ¹ 12.
P. 3004-3007.
URL: https://en.nbpublish.com/library_read_article.php?id=50807
Abstract:
This article is devoted to the analysis of access of people to information on activities of the government bodies. This article is centered upon the realization of the constitutional right of people to information, and the need to develop information legislation. As the author points out, there’s need to improve information interaction and information turnover among various state bodies.
Human and state
Reference:
Nikolaeva, Y.V.
Protection of property rights of underage persons with criminal legal means.
// Law and Politics.
2008. ¹ 12.
P. 3008-3016.
URL: https://en.nbpublish.com/library_read_article.php?id=50808
Abstract:
As the author of this article points out, protection of underage persons in the sphere of criminal law is only possible with step-by-step modification of means of criminal legal protection of this legally vulnerable category of Russian citizens. What needs to be done?
Anthropology of law
Reference:
Batanova, O.N.
Russian world as a reality and civilization project.
// Law and Politics.
2008. ¹ 12.
P. 3017-3021.
URL: https://en.nbpublish.com/library_read_article.php?id=50809
Abstract:
In the modern world the fight among the states and forming civilizations becomes more and more harsh, and it touches upon not only political and social spheres, but also the values and images of future. Today the Russian world is a global net-like structure, which includes the organizations of foreign compatriots, the Russian studies centers, business and social centers, all of which find its center of attraction in Russia.
Jurisprudence
Reference:
Kirakosyan, S.A.
Participation of the state in the civil law relations based on equality.
// Law and Politics.
2008. ¹ 12.
P. 3022-3026.
URL: https://en.nbpublish.com/library_read_article.php?id=50810
Abstract:
In the civil law relations the state acts as a regular subject of civil law. However, due to its specific nature the legislator duplicates the principle of equality in Art. 124 of the Civil Code of the Russian Federation. This is necessary to ensure the rightful and equal participation of the state in civil relation and to protect the weaker parties from the state as an actor in civil law turnover.
Jurisprudence
Reference:
Uryvaev, A.V.
Legal review by the Prosecutor’s office within the system of separation of powers.
// Law and Politics.
2008. ¹ 12.
P. 3027-3031.
URL: https://en.nbpublish.com/library_read_article.php?id=50811
Abstract:
This article by A.V. Uryvaev touches upon the place and role of the system of bodies of the Prosecution in Russia, and on control and reporting of the Prosecution in Russia. The author also regards the issues of the relevance of the Prosecution to any particular branch of government, and the place of the Prosecution in the Constitution of the Russian Federation.
Jurisprudence
Reference:
Pakholchik, E.D.
Legal nature of peaceful settlement within the system of economical justice.
// Law and Politics.
2008. ¹ 12.
P. 3032-3037.
URL: https://en.nbpublish.com/library_read_article.php?id=50812
Abstract:
Throughout the history the peaceful settlement procedures have been related to the arbitration, at the early stages these were included into the single process. This article includes historical analysis of the above-mentioned issue.
Jurisprudence
Reference:
Tochilin, V.V.
Rights of operative management and operative management: correlation of categories.
// Law and Politics.
2008. ¹ 12.
P. 3038-3042.
URL: https://en.nbpublish.com/library_read_article.php?id=50813
Abstract:
In order to understand what the modern construction of “rights to operative management” is, the author studies the modern doctrine and the existing legislation, then the author turns towards the history of the construction of “direct operative management” for comparison.
Jurisprudence
Reference:
Gavrilov, N.K.
Definition of electronic commerce.
// Law and Politics.
2008. ¹ 12.
P. 3043-3049.
URL: https://en.nbpublish.com/library_read_article.php?id=50814
Abstract:
The economic commerce is now a topical issue for both lawyers and economists. One of its key issues is the term “electronic commerce” and its definition in relation to “electronic trade”. The author expresses his own opinion on this issue.
Practical law manual
Reference:
Kirsanova, A.V.
On the moment of formation of the relations of legal responsibility.
// Law and Politics.
2008. ¹ 12.
P. 3050-3055.
URL: https://en.nbpublish.com/library_read_article.php?id=50815
Abstract:
The issue of the moment, when the relations of legal responsibility arise, is a topical one. The various concepts on this issue may be divided into several groups. Some relate this moment to the fact of offence, attribution of the status of the accused, the decision of the court, or the moment when the decision of the court comes into force, etc. This article is devoted to the analysis of this topical issue.
Practical law manual
Reference:
Kuchin, O.S.
On some problems related to use of results of operative investigation as evidence in criminal process.
// Law and Politics.
2008. ¹ 12.
P. 3056-3061.
URL: https://en.nbpublish.com/library_read_article.php?id=50816
Abstract:
In the legal literature much attention is paid to use of results of operative investigation work in the process of proving criminal cases. This article is devoted to some problems and imperfections in the sphere of use of such results when investigating crimes.
Practical law manual
Reference:
Balayan, A.R.
Quantity and quality elements of fraud in the sphere of turnover of commercial immovable property: results of a criminal science study.
// Law and Politics.
2008. ¹ 12.
P. 3062-3066.
URL: https://en.nbpublish.com/library_read_article.php?id=50817
Abstract:
As the author points out, immovable property fraud is rather new type of criminal activity for Russia, and the growth of such crimes, compared to other similar crimes is considerable.
Practical law manual
Reference:
Makeev, P.V.
On definition of types of housing under the new Housing Code of the Russian Federation.
// Law and Politics.
2008. ¹ 12.
P. 3067-3070.
URL: https://en.nbpublish.com/library_read_article.php?id=50818
Abstract:
Definition of types of housing is central to many a theoretical and practical discussion, and the new Housing Code only gave food for more discussion. This article is devoted to value and definition of various types of property in the Russian law.
Practical law manual
Reference:
Manko, E.A.
Use of measures of civil law responsibility in cases of violation of limited property rights to immovable property.
// Law and Politics.
2008. ¹ 12.
P. 3071-3075.
URL: https://en.nbpublish.com/library_read_article.php?id=50819
Abstract:
This article is devoted to topical issues of civil law responsibility regarding the limited property rights. The author reviews both generally applicable means, as provided by the Civil Code of the Russian Federation, as well as specific means under land and housing laws.
Practical law manual
Reference:
Tretyakov, A.M.
Concession agreement: specific features of it content and order of its conclusion.
// Law and Politics.
2008. ¹ 12.
P. 3076-3086.
URL: https://en.nbpublish.com/library_read_article.php?id=50820
Abstract:
Currently in Russia, as well as in some foreign states, there are special laws on concession agreements, which establishes the guarantees for rights and lawful interests of its participants. Correlation of provisions of this law and the pre-existent approaches in Russian legal theory and practice is what this article is centered upon.
Practical law manual
Reference:
Potapkov, A.A.
Collective right management in the sphere of intellectual property rights and related rights.
// Law and Politics.
2008. ¹ 12.
P. 3087-3091.
URL: https://en.nbpublish.com/library_read_article.php?id=50821
Abstract:
The institution of collective management of intellectual property rights and related rights is key to their lawful use. Much attention is paid to this institution both at the national and international level, and a number of international conventions on this issue form the basis for its further development. This article is devoted to analysis of this topical issues.
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