Question at hand
Reference:
Olkov, S.G.
A sincere talk on the legal science: meaning and shortcoming of this branch of science
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50477
Abstract:
The author of this article considers that, while jurisprudence is a science of great potential, importance and value for the humankind, the level of its development in the past and in the present could have been much better. In the early XXI century we may say honestly that the achievements of the juridical thought are miniscule compared to those in other spheres of scientific knowledge. We can ask ourselves a simple question: what are the real scientific results, achieved by lawyers of all times and peoples? Shall we look into the achievements of jurisprudence?
Theory
Reference:
Gaiduk, V.V.
The institution of federalism: definition, nature and methodology
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50478
Abstract:
Currently, having taken into account the specific features of the new Russian history and the contradictions of political and legal processes in the post – Soviet territory, one can clearly see that the institution of federalism is underdeveloped. This is partly due to the fact that the improvement of federal relations, as well as formation of relevant legislation, which could be adequate to goals of the modern society are just incomplete…
Theory
Reference:
Prusakov, A.D.
Legal activity as a legal category: the theoretical bases
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50479
Abstract:
The category of legal activity is a constituent part of the theory of legally relevant act. However, it is not as simple as it may seem. As the author of this article points out, in the theory of law there is still no unified approach to the issue of the nature of the legal activity, while the first attempts of its complex study were taken in 1970s – 1980s.
Theory
Reference:
Aleinikov, A.V.
Specific features of the problems of business socialization in the modern Russia within the context of political theory
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50480
Abstract:
As the author of this article points out, the key direction of social inclusion and development of business should be the destruction of the possibilities of the government authorities to create “floating resources”. It would also mean the evolution from the political construction of market by the government to the self-regulated market …
Jurisprudence
Reference:
Saidov, A.Kh.
Methodology of modern comparative legal studies: new paradigms and perspectives
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50481
Abstract:
Every lawyer, who starts a practical comparative study, needs to master the methodology of the comparative legal studies. What should be compared? How should one compare? It is not easy to find answers to these questions. That is why while the entire post-Soviet legal sciences is being reborn it is especially important to understand the place and role of comparative legal studies within the framework of scientific and educational approach to law with due respect taken to the new scientific paradigms.
Transformation of legal and political systems
Reference:
Klikushin, A.A.
Political rights of citizens and their genesis within Russian constitutional legislation
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50482
Abstract:
If one defines politics as a specific sphere of social life, then political rights and freedoms are those rights and freedoms, which allow the individuals to express themselves as free and independent participants of the political process and to take part in the political system, as part of various groups, movements, etc. Currently the definition of political rights and their correlation with the natural rights is also just as important…
Transformation of legal and political systems
Reference:
Stolyarova, L.V., Vakula, M.A.
Novelties of the Water Code of the Russian Federation
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50483
Abstract:
The Water Code of the Russian Federation came to force on January 1, 2007. The question to ask oneself is whether it successfully achieves its key goal: to provide for rational use of water resources by the Russian population, to ensure for compliance with the requirements of environmental law in this sphere, to introduce effective means of protection of water objects from pollution and loss. As the authors of this article point out, the analysis of the norms of the new Code, as provided in this article, shows that not all of the norms of the Water Code are sufficiently efficient…
Transnational interests
Reference:
Delev, D.I., Mishunina, A.A.
On the issue of limitations to human rights and freedoms of foreign citizens in regional legislation
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50484
Abstract:
The constituent subjects of the Russian Federation try to establish their own provisions for the regulation of relations concerning the presence of foreign citizens on their territories. What is their practice and is it in accordance with international and constitutional standards?
Stabilization systems: government control
Reference:
Paulov, P.A.
On specific features of the Russian legal system
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50485
Abstract:
This article includes the analysis of the Russian legal system within the framework of the Roman – German legal family. As the author points out, there is a number of peculiarities, which single out Russian legal system among other Roman – German legal family states…
Stabilization systems: government control
Reference:
Erina, E.N.
New tendencies in development of legislative regulation of electric power industry
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50486
Abstract:
As the author of this article points out, some current changes into the Russian legislation are due to the final stage of the reform of the electric power industry in the Russian Federation, including the liquidation of the RAO “EES” in 2008 and the need for new legislation, providing for the development of various markets of electric light and power. The changes in the legislation touch upon both the regulated and the competing sectors of the subjects of the light and power industry.
Stabilization systems: fiscal control
Reference:
Demyanets, M.V.
Principles of legal responsibility of credit organizations in the sphere of banking activity
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50487
Abstract:
As the author of this article points out, the effective functioning and the achievement of goals of legal responsibility of the credit organizations for the violations of the banks and credit laws cannot be ensured without due regard to the basic principles of such legal responsibility, as analyzed in this article.
Stabilization systems: fiscal control
Reference:
Vereschagin, S.G.
Paradigms of taxation in political science
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50488
Abstract:
Theoretical grounds for taxes and taxation lack deep historical roots. Prior to XVII centuries relevant ideas lacked true systematic character, which does not allow us to recognize them as serious theoretical works in this sphere. The substitution of temporary and extraordinary taxes to the regular general taxes upset the people. It called for the theoretical grounds for taxation. This article by S.G. Vereschagin is devoted to the paradigms of taxation from the Ancient World to our days.
Stabilization systems: fiscal control
Reference:
Gorobtsova, S.E.
On the issue of correlation of the administrative fine and suspension of operations in the legal practice
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50489
Abstract:
From August 12, 2005 within the framework of administrative offence law the courts gained the power to use temporary suspension of operations as a punishment under some articles of the Administrative Offences Code of the Russian Federation, provided that less severe punishments would fail to achieve the goals of administrative punishment. The term of such suspension of operations is up to 90 days. This article by S.E. Gorobtsova includes the study of theory and court practice of correlation of administrative fine and suspension of operations.
International relations: interaction systems
Reference:
Nasyrov, I.R.
Problems of political and legal regulation of international cooperation of the regions
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50490
Abstract:
This article by I.R. Nasyrov is devoted to the topical problems of legal regulation of international cooperation of the constituent subjects of the Russian Federation. The paper includes analysis of the current situation, and the author also offers a number of solution for the systematic conflicts in the sphere of political and legal regulation of international cooperation of the regions. The latter are based on the analysis of the international and Russian experience, including more than 15 years of practice of development of international relations of the Republic of Tatarstan.
International relations: interaction systems
Reference:
Farkhutdinov, I.Z.
International investment law: from the non-conventional norms to the contract norms
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50491
Abstract:
The legal internationalization of the national legislation of the state is a reasonable consequence of the globalization processes. At the same time the investment relations are more and more influenced by the international contract law. These international integration processes call for legal basis both at the international and at the national level. What are the topical tendencies and the further ways of development of these relations?
State security
Reference:
Serov, V.N.
On the issue of methods of realization of the education function of the law at the modern stage of development of the Armed Forces of the Russian Federation
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50492
Abstract:
Currently the Armed Forces of the Russian Federation are being transferred to the contract army principle and the term of service is limited to one year. At the same time the state provides for a more active social policy towards its military servants. These late developments call for the new updated study of modern methodology of realization of educative function of the Russian Army…
International security systems
Reference:
Shaikhutdinova, G.R.
Basic concepts of flexibility in the European Union
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50493
Abstract:
While the principle of flexibility was first officially introduced into the law of the European Union by the Amsterdam Treaty of 1997, it actually formed long before and took various shapes and forms. As the author of this article points out, having studied the political principle of flexibility, one may single out various concepts of flexibility, and accordingly, various forms, as studied in this article.
Law and order
Reference:
Shirokov, A.V.
The barrier for corruption in the sphere of living quarters construction
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50494
Abstract:
In Russia today to solve the housing problem one needs to build huge amounts of living quarters, and it is clear that the partnerships of the state and the private entrepreneurs shall be necessary. The perspectives of such partnerships are currently a subject to much discussion, while there’s an obvious lack of clarity and definition to this new economic institution. What should it be like in order for it to be effective and not to allow for the growth of corruption in the sphere of housing?
Conflict: tools of stabilization
Reference:
Manoylo, A.V.
Cultural and civilization models and technologies of psychological resolution of the international conflicts
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50495
Abstract:
The existing models, means and methods of influence to the conflict situations include cultural and civilization-based peculiarities. The national differences in the models of psychological influence on political conflicts have ages and ages of history, and the nations and ethnic groups vary greatly. As the author of this article points out, one may single out three key approaches to the technologies of psychological information influence. Their evaluation is presented in this article.
Human and state
Reference:
Efremenkova, D.A.
The gender context of the policy of the Soviet state in the sphere of regulation of family and marriage relations
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50496
Abstract:
This article includes the study of regulation of marriage and family relations in the Soviet Russia. As the author of this article points out, in the Soviet period the gender paradigm of the state had a number of positive tendencies, such as stabilization of existing families, stimulation of childbirth in the families, the higher number of married spouses. At the same time, since the state needed the women’s labor very badly, it used financial means and literally “pushed the women out of the family” in order to get them to work more and more …
Human and environment
Reference:
Khannanov, R.A.
Agricultural law: problems and ways of development
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50497
Abstract:
As the author of this article points out, the situation in the sphere of agriculture in Russia remains very difficult in spite of all the late achievements. The process of agricultural production needs effective and stable means in both the financial and the legal sphere of its regulation. The author stresses that it is a mistake to view the agricultural law as something that merely follow the existing relations in the sphere of agriculture. On the opposite, the agricultural law should be pushing these relations forward…
JUDICIAL POWER
Reference:
Pankov, I.V.
The issues of legislative regulation of the intentional fault
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50498
Abstract:
In the sphere of criminal law the issues of intentional fault form a cornerstone of subjective element of the crime. It is obviously difficult to establish these subjective elements, and there’s clearly a need for direct and clear recommendations. The author of this article points out two major problems in this sphere, and states, that if these two issues get solved, the situation overall might improve considerably…
Law practice
Reference:
Karakhanyan, S.G.
The degree in law and labor experience as necessary institutional prerequisites of the professional competence of an advocate
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50499
Abstract:
As the author of this article points out, the legal qualification of the lawyer, and the objective criteria for its establishment, including the depth and width of one’s legal knowledge, is a defining characteristic for an advocate, empowered to perform the functions, as provided for by Art. 48 of the Constitution of the Russian Federation…
Legal and political thought
Reference:
Latushkin, M.A.
Theory of public and legal coercion of A.M. Kulisher and the modern problems of state and legal coercion in Russia.
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50500
Abstract:
The work by A.M. Kulisher “The Rule of Law and Administrative Coercion” is one of the brightest examples of the pre-Revolution theoretical legal analysis. It was published in Yaroslavl in 1911. The author considers the theory of public legal coercion by A.M. Kulisher to be of principal importance for the improvement of the modern mechanism of protection of basic human rights and freedom in the process of application of the state coercion…
Legal and political thought
Reference:
Gulyan, E.K.
On the issue of influence of the Byzantine Christian tradition on the formation of the Russian statehood
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50501
Abstract:
Russia is quite a special cultural world and there are reasons for it. One of such reasons is its relations with various civilizations … One should also note the religious factor and the influence of the Bysantine tradition on the Russian Orthodox Christianity…
History of state and law
Reference:
Butkevich, O.V.
Formation of the international contract practice in the Middle Ages
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50502
Abstract:
At the border of the late Antiquity and the early Middle Ages there’s a period of transformation of the international law in order to duly regulate the relations between the medieval feudal subjects. The international contract practice was generally the first to react to it.
History of state and law
Reference:
Gubenkova, E.V.
The problems of realization of the principle of humanism in implementation of imprisonment as a punishment in mid-XIX century – early XX century (materials from the Astrakhan region).
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50503
Abstract:
As the author of this article points out, in order to form a unified concept of realization of the principle of humanism in the modern Russia one should take into account the historical experience of the Russian penitentiary in the past. This article is based on non-published materials from the State Archive of the Astrakhan Oblast.
History of state and law
Reference:
Zakharov, V.V.
The bailiffs of the magistrates in Russia in the second half of XIX century and early XX century
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50504
Abstract:
The efficiency of the judicial protection and the authority of the state power are correlated with the implementation of the judicial decisions. The understanding of this idea made the authors of the Judicial Reform of 1864 to include the abrupt changes into the system of enforcement of judicial acts, and to introduce the so-called “bailiffs”…
Discussion forum
Reference:
Trunov, I.L.
Lawyer’s ethics. Moral aspects of legal activity
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50505
Abstract:
The jural state and the civil society fail if there are no free citizens. Legally educated, cultured, politically active citizens form the basis for the above-mentioned structures. This, in turn, calls for heightened moral responsibility of lawyers…
Practical law manual
Reference:
Mamedova, L.A.
The priority right and its correlation to the principle of legal equality of the participants of the civil relations
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50506
Abstract:
This article is devoted to the study of priority rights in their correlation with the principle of legal equality of the participants of the civil relations, and it also includes some possible solutions to the problems in the existing legislation.
Practical law manual
Reference:
Savelyeva, V.M.
On the issue of the place of the concession agreement within the system of civil law contracts
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50508
Abstract:
In late years Russia have been feeling the sore need for the new mechanisms of management of the state property. The new law on concession agreements is a principal step in this direction. It offers the concession constructions for the state and municipal property in order to temporarily transfer the rights to use of these objects from the state to the private companies.
Practical law manual
Reference:
Krasnova, N.V., Kuchina, Y.O.
Specific features of criminal law characteristics of the personality of the individual guilty of committing a crime in the sphere of provision of professional legal services
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50509
Abstract:
Criminal science (forensic) characteristics are very important in investigation of crimes. In regard to crimes committed in the sphere of services criminal science characteristics are basic standpoints for the further investigation. And the personality of the criminal is one the key elements of characteristics of a crime…
Practical law manual
Reference:
Patrusheva, T.V., Shapovalova, G.M.
Use of information and computer technologies as a tendency of development of criminal science
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50510
Abstract:
In order to avoid crimes in the sphere of computer information, it does not suffice to follow the criminals in the regular ways. One needs to use modern means to follow them in the computer nets, to have access to their electronic mail, in order to control their activities, and to prevent crimes. That is why, use of computer machinery is a must in the modern criminal science.
Biblion
Reference:
Trofimov, E.V.
Forms of state awards of the constituents of the Russian Federation: classification, tendencies of legal regulation
// Law and Politics.
2008. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=50511
Abstract:
The key classification of the state awards, as based on the existing legislation and the historical tradition, is classification based on the forms of the state awards. This article includes the analysis of various approaches to this issue within the framework of awards of the constituent subjects of the Russian Federation.
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