Theory
Reference:
Khanov, N.V.
Development of theoretical views on the local self-government
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50512
Abstract:
Every particular historical period has its own theoretical approaches, which predefine formation of the phenomenon of municipal self-government as well as legislative novelties in this sphere. The main goal of all of the theories of local self-government is to define the right balance between local and central state power. This article by N.V. Khanov is devoted to the study of key theories, their strong points and shortcomings.
Jurisprudence
Reference:
Korzennikov, V.N.
The definition of statehood. The statehood of a republic as a constituent of the federation.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50513
Abstract:
There’s no universally accepted definition of statehood both in theory and legal practice, and the issue of objective elements of statehood of the constituents of the federation is resolved in various ways. This article by V.N.Korzennikova is devoted to specific features of elements of statehood in various constituents of the Russian Federation.
Jurisprudence
Reference:
Egorova, A.Y.
Some specific features of functions of the modern labor law in the Russian Federation.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50514
Abstract:
This article is devoted to the study of types of functions of the labor law in their correlation with the goals of the Labor Code of the Russian Federation. The author studies each of the functions. The topicality of the study is due to the need to find the new approaches in order to provide adequate protection to the employee as a more vulnerable party to the labor relations.
Jurisprudence
Reference:
Sologub, N.M.
Codification and its place within the legislative systems of the constituent subjects of the Russian Federation.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50515
Abstract:
Codification is a rather specific form of systematization of legislation. If one talks about the legislation of the constituent subjects of the Russian Federation, one may only talk of the special codification, due to the restrictions, as imposed by the Constitution of the Russian Federation. This article by N.M. Sologub provides the analysis of experience of a number of constituent subjects of the Russian Federation, and studies the current problems, based on a number of examples.
Authority and management
Reference:
Khrabrov, I.N.
The strategic persons: the legal model of interaction between state and private organizations.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50516
Abstract:
Currently there’s a number of phenomena, which combine state functions and private property, within the single legal subject. The author of this article offers a new model of legal status for the state organs, new type of property – strategic property, new type of legal personality – strategic legal person and the new type of organizational legal form – administrative.
Transformation of legal and political systems
Reference:
Elmendeeva, L.V., Nekhaichik, V.K.
The problems of legal regulation of participation of the municipal bodies in dealing with use of subsoil reserves.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50517
Abstract:
In the opinion of the authors of this article, one of key topical problems at the current stage of development in the Russian Federation is the lack of mechanisms of real participation of the municipal formation in the process of regulation of use of subsoil reserves. The municipal bodies thus fail to guarantee social, economic and ecological interests of the people living at the particular municipalities. This article is devoted to the review of above-mentioned problems.
Transformation of legal and political systems
Reference:
Gaiduk, V.V.
Formation of the institution of federalism in the post-Soviet Russia.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50518
Abstract:
The attitude to the problem of federalism in the modern Russia is quite ambiguous. As the author of this article points out, there’s a clear lack of understanding of its nature in the Russian society. It seems that people fail to understand that the federalism allowed to form the Soviet State and allowed to form new Russia after the Federal Agreement of March 31, 1992…How did the development of federalism take place in the Russian Federation at the post – Soviet time, and what is the value of federalism for the Russian Federation today?
Transformation of legal and political systems
Reference:
Filippova, N.A.
Federal reform in Russia: the legal nature of divided powers and the new balance of public territorial interests.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50519
Abstract:
This article by N.A. Filippova is devoted to the studies of the federal reform in Russia, which took place 2004 to 2007. Some legal scholars even qualify this important reform as a quasi-constitutional one. The change of model of separation of powers in the sphere of joint competence of the federation and its subjects somewhat repeats the conclusions of the earlier first reform, which unfortunately was not duly recognized…
Transformation of legal and political systems
Reference:
Vasilyeva, T.A.
The judicial precedent in the activities of the supreme judicial bodies of the Russian Federation.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50520
Abstract:
In Russia the judicial precedent is not the source of law, however, as the author points out, the judicial practice can be regarded as a secondary, subsidiary source of law. The article includes the analysis of practice of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Court of Arbitration of the Russian federation within the framework of the above-mentioned issue.
Transformation of legal and political systems
Reference:
Lazarev, A.M.
The foreign administrative reform technologies.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50521
Abstract:
Administrative reform, which is now going on in the Russian Federation, is not our own invention. In late XXth and early XXIth century many states in the world implemented large-scale reforms aimed to change the system of state government. This article by A.M. Lazarev is devoted to the study of such reforms, taking Great Britain as an example.
Law and order
Reference:
Kovbenko, L.N.
Parliamentary culture in Russia: traditions versus transit.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50522
Abstract:
This article is written within the framework of the studies of the fundamental problem – correlation of tradition and transit in formation of Russian parliamenarism. The approach to the historical tradition and the succession of the representation of the people, its adaptation to the modern Russian parliamentarism is due to the need to understand the nature of people’s rule in Russia, to uncover the historical, theoretical and political bases of this branch of government, to understand why it is not as efficient as it could be. This is the goal of this article.
Law and order
Reference:
Lysenko, A.V., Chapurko, T.M.
Priority directions and goals for the further development of law enforcement activities in the sphere of fighting juvenile crime.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50523
Abstract:
The modern criminal situations in Russia as well as the analysis of the statistical data provide a rather troublesome picture of juvenile crime. In order to change this negative tendency, there’s an obvious need for the throughout analysis of the quality and quantity of juvenile crime as such. As the author of this article points out, there’s urgent need for the formation of the information database on the objects of preventive measures. Use of the information in the database allows to improve the quality of organization and co-ordination of activities of all of the subjects of preventive measures.
State security
Reference:
Sirik, M.S., Vasilyev, A.M.
The need for the improvement in the provisions of Art. 294 of the Criminal Code of the Russian Federation.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50524
Abstract:
The legal norm, which provides for criminal responsibility for the obstruction of justice and investigation is comparatively new to the Russian criminal law. In the Criminal Code of the Russian Federation of 1996 the content of this norm was broadened (Art. 294 of the CC of the RF). However, the existing norm is far from perfection, which in turn allows for its ambiguous interpretation by theoreticians and for lack of uniformity in its application in practice. What changes are needed to make the legal norm in question more efficient?
State security
Reference:
Smirnova, E.S.
The problems of demographic and ethnic – cultural security in the conditions of high migration level.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50525
Abstract:
Currently due to globalization the problems of migration came to a new level. For example, while in the past the European states could be proud of their liberalism and democracy and were eager to share them with everyone interested, currently they face a dilemma: how to sustain the tradition of hospitality towards migrants, searching for the better life, and not to endanger its own economical, political, and national stability? This article is devoted to the topical problems in the sphere of migration in the Russian Federation and in European states.
State security
Reference:
Trunov, I.L.
The system of protecting of the state secret in Russia.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50526
Abstract:
Based on the comparative analysis of definition of the state secret in Russia and in a number of the European states, the author comes to a conclusion, that the definition of state secret in Russia is now both broad and vague, in spite of the obvious need for clear and unambiguous regulation of the issue. Due to the legislative shortcomings, the answers to many important questions depend on the mood of the investigative bodies and the courts, and not on the clear criteria stated in the law.
State security
Reference:
Tuzov, N.V.
Ethnic – religious extremism and fighting to protect the youth.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50527
Abstract:
The ideas of national independence, religious exceptionality, the faithfulness to the tradition easily finds the ways into the hearts of the young people. As a result, the propaganda of the extremist organizations, which is often based on nationalistic and religious demagoguery, easily wins the hearts and minds of some young people. The lack of political and personal experience does not allow these youths to be sufficiently critical of these “folk and fair” ideas. This article by N.V. Tuzov is devoted to the problems of ethnic – religious extremism; the author also provides a number of examples from the current Russian practice.
State security
Reference:
Kosarev, B.A.
Legislative bases of fighting extremism among the youth of the Eastern Europe states and the US.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50528
Abstract:
Currently the right-wing extremist organizations offer a new idea of a state based on racial discrimination. It is obvious that the young people become the moving force of such organizations. That is why, fighting extremism is one of the key problems of the youth state policy of the Western European states, as well as the USA, and this article is devoted to the analysis of these elements of policy.
Stabilization systems: government control
Reference:
Shishov, A.L.
Modern state of the system of inner security of the USA.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50529
Abstract:
In March of 2007 the Department of Homeland Security of the USA celebrated its fifth anniversary. Its formation and development was one of the largest reforms of the national security system of the USA ever since the Cold War. The process of reform is ongoing and it changes both the legislation and the inner structure of the state executive bodies of the USA, which are currently involved in fighting inner and outer threats to the homeland security, considering the challenges of global terrorism…
International relations: interaction systems
Reference:
Pasikova, T.A.
The influence of the novelties of the Federal Law “On the State Cadastral Register” on the turnover of land plots.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50530
Abstract:
The value of the state cadastral register is due to the fact, that without the cadastral number the plot of land does not exist as an object of immovable property. That is why the rights and titles to the plots of land are now only possible after their cadastral registration. This article by T.A. Pasikova is devoted to the key novelties in the legislation on the cadastral registration of immovable property within this framework.
International relations: interaction systems
Reference:
Ushakov, S.V.
The problems of forced performance under the Decisions of the International Court of Justice of the UN and the law of the UN.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50531
Abstract:
In this article the issue of relations between the Security Council and the ICJ is viewed from the standpoint of Art. 94(2) of the UN Charter, as well as from the point of view of voting at the Security Council in order to bring the decision of the ICJ into force. The author reviews Art. 94 and 27 of the Charter within the framework of the more general competence of the Council under Chapters VI and VII of the Charter, and studies the scale of application of Art. 94(2) of the Charter, as well as the ICJ provisions on the temporary measures.
International relations: interaction systems
Reference:
Atlangeriev, I.I.
The Russian – Italian relations: the results and perspectives of development at the modern stage.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50532
Abstract:
The Italian Republic holds one of the leading places among the key partners of the Russian Federation in Europe and in the world as a whole. Russia’s cooperation with Italy develops in various spheres, such as trade and economical, scientific and technical, touches upon the spheres of culture and tourism… This article by I.I. Atlangeriev includes a review of cooperation between Russia and Italy in these spheres.
International relations: interaction systems
Reference:
Butba, S.R.
International law and the legal system of the Republic of Abkhazia
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50533
Abstract:
The author considers the Republic of Abkhazia to be one of the states of post – Soviet territory of the USA. Currently the Republic is not recognized by the international community and by international organizations. That is why the issues of correlation between international law and Abkhazian law are quite topical and complicated. The solution to above-mentioned problems is quite important in order to ensure the due entrance of Abkhazia into the world community of states.
Transnational interests
Reference:
Nikiforov, V.A.
The harmonization of the national legislations in the sphere of intellectual property protection.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50534
Abstract:
From the moment of its formation the intellectual property law developed as complex system, which included mostly international legal norms, which in turn defined the key issues of legal regulation in order to create a universal international legal regulation regime. This article by V.A. Nikiforov addresses the topical problems of harmonization of the national legislations in this sphere within the framework of the Agrement of Trade Related Aspects, of Intellectual Property Rights, Including Trade in Counterfeit Goods – TRIPS and other international conventions…
Public communications
Reference:
Kostrova, A.A.
Public youth policy: new paradigm of solution of the youth problems.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50535
Abstract:
The problem of development of the Russian security calls for addressing the new challenges in all the key spheres, which includes providing due possibilities to the young people in Russia. However the reforms, which took place in Russia, had a negative influence on the conditions of living and attitudes of the young people. The researches show decline in all three key indicators: health, moral and spiritual values and professional abilities. What should the new paradigm for the solution of the youth problems be like?
Public communications
Reference:
Krivko, A.V.
Political activities of the military servants in the Armed Forces of the Russian Federation: the modern state of affairs.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50536
Abstract:
Finding out the place and role of the military servants of the Armed Forces of the Russian Federation within the political life of the modern Russian state, the specific features of their political activity is of great interest for both legal scholars and legal practitioners, and it is quite a topical problem for social and political analysis. The theoretical and practical need in the studies of political activities of the military servants and the lack of due theoretical scientific basis in this sphere predefine the need for the studies of their modern state.
JUDICIAL POWER
Reference:
Abdulvaliev, A.F.
The problems of sole and collegiate judging of the criminal cases at the court of first instance.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50537
Abstract:
The problem of composition of court, which hears the criminal cases at the first instance, have for a long time been the object of discussion of scholars and legal practitioners alike. The optimum composition of court provides for the more objective and fair trial and helps to avoid judicial mistakes. That is why the problem of finding the “right” composition of court (sole or collegiate) for different categories of cases depending on their gravity is so topical.
JUDICIAL POWER
Reference:
Mkrtumyan, A.Y.
Judicial practice as a source of civil law.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50538
Abstract:
This article by the Chairman of the Chamber of Civil Cases of the Cassation Court of the Republic of Armenia A.Y. Mkrtumyan is devoted to the topical problems of use of the judicial practice as a source of civil law, and its correlation with the judicial precedent. The article also includes analysis of the novelties of the Russian and Armenian legislation and judicial practice in this sphere.
Human and state
Reference:
Kartavchenko, V.V., Chapurko, T.M.
On the issue of need for the political and legal mechanisms needed to protect the children from violence and cruelty in Russia.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50539
Abstract:
In the modern Russia the problem of violence to children is a subject to much attention, especially since the children and underage persons are often subject to aggression and cruelty of the grown-up persons. Currently there’s a tendency of change in the age groups of grown-up criminals committing violence against children, they become younger, and there are more facts of violence towards smaller children. At the same time the existing criminal legislation fails to fully protect the children from such crimes. This article provides the analysis of above-mentioned problem.
Anthropology of law
Reference:
Bakhlaev, A.E.
On the issue of legal status of illegal migrants in the Russian Federation.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50540
Abstract:
Currently in Russia one may find rather large and closed ethnical enclaves with their own subcultures, both legal and semi-legal. Many immigrants tend to live separately from the locals and attempt to keep the way of life that they used to have in a new state. In order to adequately solve the problem of legalization of migrations, one needs to provide for their resettlement in order to provide for their socialization, and to avoid formation of closed ethnical enclaves. There’s also need to prohibit the labor of illegal immigrants, to define their status and the means of changing it.
Practical law manual
Reference:
Radchenko, S.A.
Correlation of public and private law methods of regulation of the information relations.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50541
Abstract:
Currently the information is viewed not only as an instrument of government and management, but also as an object of public, civil and other legal relations. That is why it is necessary to establish limits of the influence of information on the human mentality, and at the same time form the legal system, which could ensure the free realization of the constitutional right of person to information. One of the key goals of formation of such a legal system is unified influence of various branches of law…
Practical law manual
Reference:
Poleschuk, O.V.
Collections as supportive objects of criminal science diagnostics.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50542
Abstract:
This article includes options for the possible solution of the diagnostic issues by comparing the object of studies with the objects from the expert, scientific and other collections, which have analogous characteristics. The efficiency of the diagnostic studies depends on the level and variety of such collections…
Practical law manual
Reference:
Karakhanyan, S.G.
Methodological knowledge within the information component of the professional competence of an advocate.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50543
Abstract:
The specific features of advocate’s profession predefine the value of information component of advocate’s professional competence. As the author of this article points out, there are two key groups of elements in such information component – material and methodological. This article is devoted to the value of the methodological elements of information component.
Law practice
Reference:
Kireev, Kh. S.
“The Islamic Factor” within the ethnic and political processes in the Northern Caucasus.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50544
Abstract:
Today in the Northern Caucasus there’s a number of inner and external limitations and contradictions, which do not allow to establish lasting peace and concord among the peoples. This article is devoted to the influence of the Islamic factor on the destinies of the peoples living in the region, both in historical retrospective and at the current time.
Conflict: tools of stabilization
Reference:
Kolesnyak, E.V.
On the specific features of the judicial system in the Soviet state within the period of the New Economic Policy.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50545
Abstract:
As the author of this article points out, the NEP period was probably the most important stage of evolution of the Soviet judicial system. At the time of the peaceful socialistic life after the Civil War the courts were meant to resolve all disputes, which took place at the territory of the Soviet state.
History of state and law
Reference:
Tunik, G.A.
Creation of the official symbols of the Chelyabinsk oblast as a factor mirroring the social and political life in the region.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50546
Abstract:
The modern official regional symbols became a new phenomenon in the Russian Federation, and they show the social and political identity of the regions. It happened so, that the Chelyabinsk oblast did not have any official regional symbols; they were formed “from nothing”. The rediscovery of the official symbols of the Chelyabinsk oblast proves that the heraldry becomes a new picturesque language of our time…
History of state and law
Reference:
Salogub, Y.L.
Administrative system of Kvantun oblast: structure and powers of the government bodies (1897 – 1899).
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50547
Abstract:
As the author of this article points out, the formation of the administrative system at the rented territories allows one to study the options in development of Russian system of management of the outskirts of the Empire. However, one cannot classify the administrative system of the Kvantun region (as well as of the Chinese Oriental Railway) clearly as one of pre-existing forms. Most likely, it was one of the attempts to specialize existing forms for the local conditions…
History of state and law
Reference:
Ospennikov, Y.V.
Wergeld fine rate in the Ancient Russian law.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50548
Abstract:
A number of crimes, objects of which were life and health of an individual, in the ancient Russian law were united into a single system by applying wergeld fines as punishment for such crimes. In XI – XIII centuries wergeld was the key element of this system. This article provides the analysis of the system of wergelds.
History of state and law
Reference:
Maleev, Y.N.
The rope that should be pulled very strongly.
The review of the book by I.Z. Farkhutdinov, V.A. Trapeznikov, Investment Law: the Manual for Practical Studies. Moscow, Walters – Kluwer, 2006.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50549
Abstract:
The investment issues have always attracted a number of professionals, investors, and scholars. The book, which is reviewed in this article, is sure to cause interest, since its authors set an ambitious goal – to prove that investment law should be singled out as an independent branch of law.
Biblion
Reference:
Shishkin, A.G.
On criteria for classification of the measures of legal responsibility.
// Law and Politics.
2008. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50550
Abstract:
The measures of legal responsibility are varied in their nature, meaning, relevance to particular branches of law, subjects empowered to apply them, their consequences, length of application, etc. That is why there’s an objective need for their classification. This article is devoted to various classifications and criteria in this sphere.
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