History of state and law
Reference:
Yumashev, Y.M.
The origin of law is the origin of justice. O.V. Butkevich, “At the origin of the international law”. – St. Petersburg, R.Aslanov’s Publishing House “Juridical Center Press”, 2008, - 881 p., ISBN 978-5-94201-503-1.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50603
Abstract:
Based on the analysis, the author of the article concludes that during the Great Patriotic War, the NKVD-NKGB played a decisive role in the fight against crimes against state interests. They were given the necessary powers, performed almost the entire volume of relevant operational investigative and investigative work. In order to improve the activities of the NKVD-NKGB bodies, organizational and structural changes were carried out, including the merger of the two departments, and then their separation. The practice of the activities of the internal affairs and state security agencies in the Krasnodar Territory has generally shown a fairly high level of its effectiveness, however, violations of the rule of law have also occurred.
Question at hand
Reference:
Kim, Y.V.
What is the meaning of the Russian federalism?
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50618
Abstract:
The issue of whether the Russian model of federalism is based on some reasonable basis needs some clarification. On one hand, we should agree. The federal system in Russia, at least as constitutional legal provisions and some elements of its statehood, could not have been formed without ideological impulse. On the other hand, as the author points out, it’s hard to give a totally clear-cut answer.
Theory
Reference:
Bolgova, V.V.
General characteristics of the material theories of separation of law into public law and private law.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50619
Abstract:
One M.M. Agarkov noted, that the problem of distinction between public and private law is an issue which was quite lucky in quality and quantity of writings devoted to it, but not so lucky with finding a generally accepted answer. This article by V.V. Bolgova includes a comparative analysis of different approaches to the issue of distinction between private and public law.
Theory
Reference:
Olkov, S.G.
The study of dependencies between 1) the number of registered crimes and a number of persons, who have committed crimes, 2) the number of persons, who were found and the number of persons found guilty of crimes and punished.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50620
Abstract:
It seems that the number of uncovered persons, who committed crimes should depend on a number of registered crimes, and a number of those found guilty of committed crimes should be dependent on the number of uncovered persons. This article of S.G.Olkov is devoted to application of the above-mentioned theses. He is also interested in more-or-less clear quantity data, which would allow to predict one variable based on the others, and in the statistical check.
Theory
Reference:
Sumskoy, D.A.
The institution (body) of juridical person in the theory of civil law.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50621
Abstract:
As the author points out, the lack of general definition of the body of the juridical persons leads to many unclarities in various spheres of law (both in public and private law), legal acts, and legal practice. This article is devoted to this topical problem.
Jurisprudence
Reference:
Lukyanenko, M.F.
The ways of interpretation of civil law norms, including evaluative terms.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50622
Abstract:
Traditionally in Russian legal literature they single out a number of means of interpretation, and while most authors recognize systematic, historical and grammar interpretation, some also recognize functional, logical and special juridical interpretation. This article by M.F. Lukyanenko is devoted to their comparative analysis.
Jurisprudence
Reference:
Gogin, A.A.
On the issue of elements (signs) of offences.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50623
Abstract:
The offence is a particular behavior of a juridical or physical person, which contradicts the norms of law, as established by the state, and leads to social tension and conflict in the society. In theory key elements of offence are their unlawfulness, their guiltiness, the punishment, etc. This article is devoted to the study of elements of offence.
Jurisprudence
Reference:
Loshkarev, V.V.
Narcotism as a legal category.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50624
Abstract:
In the author’s point of view, the term “narcotism” entered the legal sphere as a definition, however, there are many opinions on its precise contents. That is why the analysis of the various definitions is so topical.
Authority and management
Reference:
Ivannikov, I.A.
Correlation of force and social justice in the Russian law.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50625
Abstract:
What is the cause of the lack of fairness and social justice in the Russian society? Perhaps, it’s unfairness in the sphere of economy ever since 1990, when the economy was privatized. However, if the principle of fairness is not included into the bases of social and political structure of the state, we cannot achieve stability and due state and legal order…
Authority and management
Reference:
Lyskova, E.I.
Some problems related to challenging the illegal actions (inactions) and decisions of the government bodies via the administrative procedure.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50626
Abstract:
One of the key goals of the administrative procedure on applications of people is to ensure the constitutional right of citizens to address the state and municipal bodies on their initiative, and those bodies cannot refuse to give their answer. This article by E.I. Lyskova is devoted to topical problems in this sphere.
Authority and management
Reference:
Tregubova, E.V.
Administrative prohibition within the mechanism of legal regulation.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50627
Abstract:
It is rather complicated to express the administrative-legal prohibition. That is why, study of this institution presupposes evaluation of its various aspects, which, in turn calls for the systemic analysis, as provided by the author of this article.
Transformation of legal and political systems
Reference:
Akilov, F.I.
Criminal law of the Islamic Republic of Iran: modern state.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50628
Abstract:
As the author points out, the criminal law of IRI is now actively studied both nationally and abroad, due to its relation to the religious law and Shari’ah and Islam as a source. That is why, its study is so topical.
Stabilization systems: government control
Reference:
Zhernovoy, M.V., Khitrenko, Y.N.
Topical issues of offence prevention.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50629
Abstract:
One of the key directions of prevention of offences is improvement of legislation of constituent subjects of the Russian Federation, which is addressed directly at the people living in a particular region. It’s practical to prevent some offences by combining administrative and criminal legal measures. Any offence leaves material and ideal signs, their studies, using technical – criminal science means allow to establish, whether there had been an offence, or a crime. Application of criminal science is a key aspect to prevention of crimes.
Stabilization systems: fiscal control
Reference:
Minenkova, N.V.
Conflict of law aspects of legal regulation of electronic commerce.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50630
Abstract:
The foreign element in the world cyber-space makes legal relations in the sphere of electronic commerce rather unstable. The ever-changing norms seem to apply to the particular moment of time and particular type of deals, rather than providing a stable legal basis for the regulation of the Internet trade.
State security
Reference:
Ermakova, A.V.
Problems of declaring the tender for the purchase of products for state and municipal needs void.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50631
Abstract:
The possibility of declaring the tender void is provided by Art. 449 of the Civil Code of the Russian Federation. The court can do so at a claim of an interested person and declare a deal void. This article by A.V. Ermakova includes study of this problem based on some specific examples.
State security
Reference:
Volkov, S.G.
Administrative legal means of protection of social order and ensuring social security at the civil aviation objects.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50632
Abstract:
Study of administrative legal means, used to prevent and stop the acts of terrorism and to ensure security at the civil aviation objects is quite topical. In this article the author pays attention to the category of “aviation security”, which is needed to ensure the normal functioning of the air transportation, as well as protection of lives of passengers.
International security systems
Reference:
Manoylo, A.V.
The limits to the regulating influence of the informational and psychological technologies on the international conflicts.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50633
Abstract:
As the author points out, while viewing the factor of information and psychological influence on conflict resolution, it is important to take into account that the variety of political decisions, which can be achieved by these means is limited, and the above-mentioned technologies as instruments fail to reach outside this limited space.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Mazitova, I.R.
On the issue of efficiency of the system of collective complaints under the European Social Charter.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50634
Abstract:
The Additional Protocol to the European Social Charter incorporates into it the system of collective complaints in order to make the control system more efficient by introduction of NGOs and shortening the time-span of procedures. This article includes the analysis of practice of review of collective complaints, and author also makes some predictions for the future.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Lenchina, N.A.
The look at the circumstances excluding unlawfulness of the act under the German legislation.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50635
Abstract:
Both Russian and foreign criminal law literature pays much attention to the circumstances, which exclude criminality of activity. It can be explained by a number of matters, such as problems of international law, calling for the broader view on such matters… As the author points out, it is quite necessary to study the German criminal low doctrine in the circumstances mentioned above.
International relations: interaction systems
Reference:
Ivanova, D.I.
Institutional mechanism of international control over terrorism.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50636
Abstract:
As the author of this article points out, currently fighting terrorism takes a joint effort of the world community as a whole, and international bodies and organizations play an important role. Their sum is an institutional mechanism of international control over terrorism.
JUDICIAL POWER
Reference:
Malgin, I.N.
On the issue of specific features of cooperation between the Constitutional (Ustav) Courts with the Constitutional Court of the Russian Federation and the Arbitration Courts.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50637
Abstract:
It is known, that Constitutional (Ustav) Courts are aimed to ensure the primary force of the Constitution (Ustav) of the Subject of the Federation, to protect legal rights and interests of the people and to support the legal field of the Subject of the Federation. Is there then a problem of relations between the above-mentioned Courts, the Constitutional Court of the Russian Federation and the Arbitrazh (Arbitration) Courts?
JUDICIAL POWER
Reference:
Berdychevskaya, N.V.
Specific features of qualification and distinction of crimes against constitutional labor rights of people from the related crimes and offences.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50638
Abstract:
In fighting the criminal violations of the labor protection rules it’s important to correctly qualify these deeds and to distinguish them from related crimes. The analysis of investigation and judicial practice shows that serious mistakes are often committed in qualification of such activities. This article is devoted to detailed analysis of this particular type of crimes.
Public communications
Reference:
Turischeva, N.Y.
On the issue of the need for criminalization of knowingly spreading false information about a candidate during the election campaign.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50639
Abstract:
As the author of this article points out, the state of Russian legislation shows a number of gaps in the sphere of protection of election rights, namely lack of criminalization of knowingly spreading false information about candidates during the election campaign. The offers to criminalize the spread of slandering rumors, which touch upon candidate’s dignity, hurt his business reputation, fail to fully solve the problem.
Human and state
Reference:
Paryagina, O.A.
Legal status of individual within the constitutional (ustav) legislation of the constituent subjects of the Russian Federation.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50640
Abstract:
As the author of this article points out, the Constitutions and the Ustavs of the Subjects of the Russian Federation provide for various detail as to the legal status of an individual. Mostly, there are just references to the federal Constitution, or declarations of some provisions on value of human rights in the preambles. This article includes a comparative analysis.
Human and state
Reference:
Slanov, O.T.
The problem of classification of human rights and freedoms of an individual, a person, a citizen. The place of somatic rights within the system and theory of law.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50641
Abstract:
Somatic rights cannot be classified in the traditional way. They are not included into the list of natural human rights (right to life, etc.), as they are established by the modern law. They also fail to be included into the list of so-called positive rights (political, cultural, economical). This article by O.T. Slanov is devoted to comparative analysis of human rights of person, citizen and individual and includes analysis of somatic rights.
Law and order
Reference:
Aivar, L.K.
Confinement under guard and other measures of restraint: the problems in practice.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50642
Abstract:
For six years by now in Russia there’s a new procedure for confinement under guard of persons accused of crimes, which is based on a judicial act. The first years of experience show the smaller number of persons, to whom this measure is applied, however, now its’ late years of application show the opposite, which worries legal scholars and practitioners alike. This article by L.K. Aivar is devoted to this problem.
Law and order
Reference:
I.L. Trunov,
The right to free legal defence for the juvenile prisoners.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50643
Abstract:
As I.L. Trunov points out, the legal status of the juvenile prisoner and the guarantees of his rights should be in compliance with the Constitution of the Russian Federation and the international guarantees, and his status also has special features compared to general status of prisoner…
Law practice
Reference:
Karakhanyan, S.G.
Legal knowledge within the system of professional knowledge of an advocate.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50644
Abstract:
The competency of an advocate includes not only knowledge of norms of law, but rather an ability to find needed norms and to operate them, to apply them to specific cases. One of the necessary features of an advocate is his critical mind, which allows him to find violations and mistakes in application of law. This article includes a number of examples of advocates’ mistakes, as well as evaluation of advocates’ legal knowledge.
Legal and political thought
Reference:
Seregin, A.V.
The teachings on the best organization of the monarchy in the foreign political and legal thought.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50645
Abstract:
From the immemorial times the humankind thought of the way of government, trying to find the best model of political and social development of individuals within the complicated social systems. Still the problem of the supreme power reins the politics and jurisprudence alike, and influence the modern theory of state and law …
Legal and political thought
Reference:
Luparev, G.P.
The political and legal views of Marcellus of Padova
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50646
Abstract:
The “Defendor pacis” by Marcellus of Padova, which was written in 1324, was at first secretly spread among the scholars of the Paris University. Its key idea, which worried the Catholic leaders, was the critical analysis of their ambitions as a key reason for the social problems of the society of that time, namely Italy. This article includes analysis of “Defendor pacis”.
History of state and law
Reference:
Revina, S.N., Paulov, P.A.
On the influence of economical factors on development of legislation in the Soviet period.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50647
Abstract:
Ever since the first years of existence of the Soviet rule the new Soviet law prohibited private property and abruptly changed the economical life, abolished economical freedoms. Basically, the Soviet state violated the laws of economical development of the society, and it did have its influence …
History of state and law
Reference:
Kulchevsky, V.V.
The concepts of decentralization of the state and territorial structure and territorial autonomy in Russia in late XIX and early XX centuries.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50648
Abstract:
By the early XX century the Russian Empire was a multinational unitary state, which provided different statuses for different territories. That is why the problems of territorial structure were quite topical for that time. This article by V.V. Kulchevsky is devoted to the decentralization concepts of that time.
History of state and law
Reference:
Lysov V.A.
Role of the NKVD - KGB bodies in fighting crimes against the state during the 2nd World War (example of the Krasnodar region).
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50649
Abstract:
Based on the his analysis the author of this article comes to a conclusion that during the WW2 the NKVD - KGB bodies played a leading role in fighing crimes against state interests. They were provided with necessary power and almost solely performed necessary investigation. In order ot improve their activities, there were structural changes, including merger of two bodies and then their separation. Practice of the internal affairs state security bodies in Krasnodar region showed rather high efficiency, however, there were some violations of law in its practice.
Practical law manual
Reference:
Medvedev, V.V.
The attempt of Peter the Great to create a police state.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50650
Abstract:
The formation of the absolute monarchy in Russia led to broadening of the sphere of state regulation, both in the sphere of government and in the sphere of private life. In other words, Peter the Great aimed to achieve an ideal rational and fair state, however, what he got was a police state. And even this issue is subject to discussion…
Practical law manual
Reference:
Ksendzov, Y.Y.
The problems of detention before the criminal case is initiated.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50651
Abstract:
The issue of whether it is allowed to apprehend a suspect before the criminal case is formally initiated is quite topical, and it has been a subject of much discussion. This article includes the comparative analysis of existing positions and the author also expresses his point of view.
Practical law manual
Reference:
Balayan, A.R.
Criminological characteristics of the personality of a fraudster in the sphere of turnover of immovable property.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50652
Abstract:
As the author of this article points out, the personality of an individual, who commits fraud in the sphere of turnover of immovable property has its specific features, and definition of such features allows to counteract immovable property fraud more efficiently.
Practical law manual
Reference:
Poleschuk, O.V.
Collection items: definition and qualification.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50653
Abstract:
The scientific literature and the legal acts, which regulate criminalistic collections use various terms: nature examples, standards, collection items, models, analogues, samples, etc. The author prefers the term “collection item”.
Practical law manual
Reference:
Baranovskaya, I.G.
The objects of the contract for the rent of the plot of land under the Russian legislation.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50654
Abstract:
Land is used within various spheres of law, and it’s also an object of land relations under the Land Code of the Russian Federation, which includes into the definition not only the plots of land, but also land as a natural object and a natural resource. This article is devoted to specific features of rent of plots of land.
Biblion
Reference:
Maltsev, D.L.
Specific features of the legal regulation of provision of rights to the plots of land in the city of Moscow.
// Law and Politics.
2008. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50655
Abstract:
The spread of the competencies of the constituent subjects of the Russian Federation led to changes in the legal system, where a significant role is provided to the regional normative legal acts. That is why land legislation of Moscow is so valuable. The legal regime of the land in the city of Moscow, which is the subject of study in this article, has a number of specific features, which, in turn, define the specific features of provision of land plots in the city.
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