Practical law manual
Reference:
Poleschuk, O.V.
Criminalistic collection activity as a constituent part of the technical criminological guarantees when investigating crimes.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50389
Abstract:
As the author of this article points out, it’s currently necessary to pay due attention to collection activity as part of technical and criminalistic basis for investigation of crimes, while the Russian science lacks research in this sphere. This article by O.V. Poleschuk is devoted to analysis of situation in the above-mentioned sphere at the modern state, its correlation with criminal science registration.
Practical law manual
Reference:
Rericht, A.A.
Construction of the “informed consent” as an instrument of medical la: Russian and German experience of legal regulation.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50586
Abstract:
The above-mentioned problem carries a great practical value, due to the need to protect human rights and freedom of decision-making in the medical sphere. That is why the concept of “informed consent” needs detailed regulation, and while it is relatively new to Russian law, it have been discussed rather vividly. This article by A.A. Rericht is devoted to comparative analysis of the situation in this sphere in Russia and in Germany.
Practical law manual
Reference:
Alekseeva, A.P.
The conflict between the government and the dissident intellectuals in Russia in 1922.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50587
Abstract:
In Russia due to the latent conflict between the Soviet state and the dissident intelligentsia in 1922 there was a mass deportation of intelligentsia from the Soviet Russia abroad. These events seem to be a kind of “terra incognita” in the history of Russian science and culture of XX century, and this is also true of political context of deportation, to which this article is devoted.
Conflict: tools of stabilization
Reference:
Shugurov, M.V.
Human rights and the modern doctrine of international legal order.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50588
Abstract:
The article is devoted to the place and role of international recognition of human rights within the international legal order. The author touches upon the issue of forms and directions of influence of international legal order, where human rights play integration and functional role. The author also pays attention to various aspects of doctrinal discussions, and correlation of human rights and other elements of international legal order, comes to a conclusion on further development of international law and legal order, based on recognition and acceptation of human rights.
Human and state
Reference:
Olkov, S.G.
On improvement of scientific studies in the sphere of jurisprudence.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50589
Abstract:
In the opinion of the author of this article, in the past jurisprudence and juridical science alike showed obvious lack of truly scientific component, in spite of the great variety of teachers and practitioners. What measures need to be taken to strengthen the scientific component in jurisprudence?
Legal and political thought
Reference:
Rusakova, E.B.
A new approach to the understanding of state and society in the political thought of the Russian emigration.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50590
Abstract:
As the author of this article points out, the study of the political theories in the “liberal sphere” of the Russian foreign emigration is quite topical, this article contains evaluation of their views.
JUDICIAL POWER
Reference:
Fasgiev, T.A.
Evolution of ideological bases of the Ancient Russian state at the verge ov X – XI centuries.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50591
Abstract:
While studying the ideological bases of the Ancient Russia in late X and early XI centuries, many scholars plainly state that its ideology was Orthodox Christian, and the Christianizing of Russia was the main event. However, in spite of the drift apart from paganism, its elements remained and they showed themselves in rather peculiar ways even after 988.
Discussion forum
Reference:
Schekotikhina,L.S.
The principle of independence and the legal conscience of the judges in Russia.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50592
Abstract:
The idea of execution of justice by independent and unbiased court is one of the cornerstones of the democratic jural state, where the human rights have great value. That is why independence of courts and judges is so topical. Of course, developed democracies show less problems, while the transition states show much more of them…
Legal and political thought
Reference:
Karakhanyan, S.G.
Component analysis of the system of professional competence of an advocate.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50593
Abstract:
The author of this article considers it rather timely to raise the issue of system of professional competence of advocates. The topicality of studies in this sphere is due to constitutionally relevant goals of advocates’ activities.
Law practice
Reference:
Kalinovsky, V.A., Komarov, A.I.
Examination of the version of the accused on causing death by accident.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50594
Abstract:
The problem of evaluation of the version of the accused on causing death by accident is rather topical. In practice it has to do with the difficulties of evaluation of the criminal situation, behavior of the participants of the event, the means and ways of causing death. These aspects are reviewed by the authors and applied to various investigation situations.
JUDICIAL POWER
Reference:
Lukyanenko, M.F.
Discretion as a mean of application of evaluation terms of the civil law.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50595
Abstract:
The existing civil legislation includes a number of evaluation terms – which are relatively defined. The contents of such terms is established based on discretion, and that is why the issue of nature and elements of discretion in application of civil law norms is so topical.
Public communications
Reference:
Zvyagintsev, V.V.
Legal analysis of the nature of transnational organized crime and its characteristic features.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50596
Abstract:
Transnational organized crime threatens the development of any state, and its scale is ever-growing, and the TOC may even attempt to halter the security of the states. This is especially true in regard of the developing states and the transition economy states. This article by V.V. Zvyagintsev is devoted to analysis of nature and elements of TOC.
JUDICIAL POWER
Reference:
Grankin, N.E.
Technological guarantees of the image and reputation of the modern Russia.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50597
Abstract:
In this article the author searches for the answers to the questions, which are asked rather often – which institutions and structures should form the image and reputation of the modern Russia, what functions, elements and technologies should be included, how to optimize such activities, and what their costs are.
JUDICIAL POWER
Reference:
Dneprovskaya, M.A.
Legal nature and place of the special order of judicial proceedings within the framework of criminal judicial proceedings.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50598
Abstract:
Inclusion of new provisions on the special order of judicial proceedings into the Criminal Procedural Code of the Russian Federation formed the basis for a new criminal procedural law institution, which allows the judge not to evaluate the evidence in the regular way, however the punishment possible is limited to 2/3 of the maximal amount. This article is devoted to the analysis of specific features and role of this institution.
International security systems
Reference:
Vivtonenko, S.V.
The Western vector of the geopolitical development of Latvia after the breakup of the Soviet Union.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50599
Abstract:
Geopolitical interests of Russia in the Baltic sphere (including Latvia) remain unchanged, and the pro-Western orientation of Latvia only calls for deeper and more detailed monitoring and analysis of the events there, which is necessary to form new political and diplomatic means of cooperation with Latvia, while the same model can be applied to other former USSR states in the future.
Transnational interests
Reference:
Dovgopolov, E.Y.
On economical security of the Russian Federation in the sphere of international migration of the people.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50600
Abstract:
It is predicted that by 2050 the population of Russia shall fall by 30 per cent and shall be about 101,9 million people, which, in turn may cause serious problems for Russia, since the population of the neighboring states shall only grow, and the problems may include great migration pressure. At the same time in order to retain stable population Russia should annually accept about 500 000 immigrants. What is to be done to ensure security of Russia in this aspect?
State security
Reference:
Khodakovsky, E.A.
The crisis of statehood as a factor within the framework of global security.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50601
Abstract:
While the state used to be a monopolist as a subject of international relations, now the situation seems to change greatly, and the state becomes just one of several elements of evolving system of globally relevant subjects. This system includes states, the international state organizations, which aid the states, the global corporations, which seem to compete with the states, and the international criminal structures, which fight the states…These matters greatly influence a new understanding of global security.
State security
Reference:
Stankevich, G.V., Kasevich, E.V.
Control and accounting bodies of the constituent subjects of the Russian Federation within the system of state financial control in the Russian Federation.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50602
Abstract:
This article is devoted to the problems of legal regulation of the status of the financial control and accounting bodies of the constituent subjects of the Russian Federation within the general framework of state financial control . The author analyzes the problems related to the formation of the unified system of the SFC, including three levels: federal, regional and municipal.
Question at hand
Reference:
Kerimov, A.D.
On the strong state.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50604
Abstract:
In late years, in many, if not all states in the world, there’s more and more attention given to the idea of formation of the strong and powerful state. As A.D. Kerimov points out, currently the strong power state is being morally rehabilitated, and that’s why, it’s the right time for the formation of the scientific concept of the strong state.
Theory
Reference:
Kim, Y.V.
On the issue of definition of statehood.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50605
Abstract:
In the opinion of the author of this article, keen attention to the category of “statehood” is due to the general dissatisfaction of scholars with the state of development of “statehood” as a scientific category, scientific and reference literature uses it in great many meanings. As the analysis shows, the encyclopedical interpretation seems to be closer to the true meaning of statehood, than academical intepretation.
Theory
Reference:
Kokorev, Y.Y.
Modern political and legal evaluation of the origin of state.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50606
Abstract:
As the author of this article points out, while talking about the state, we should understand what it is, and from this standpoint we should approach the issue of its nature and the difference between its true nature and our ideas of it. It is undoubted that the basis of the jural state and its society is only law.
Theory
Reference:
Chuklova, E.V.
Theoretical problems of procedural responsibility.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50608
Abstract:
The procedural responsibility have always been and is an object for much scientific study, and the variety of its scientific concepts is rather vast. This article by E.V. Chuklova includes analysis and critical evaluation of its concepts.
Jurisprudence
Reference:
Ivanov, A.A.
Humanistic bases of practical implementation of the prerequisites for the principle of individualization of the juridical responsibility.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50609
Abstract:
In legal science the demand for the individualization of the legal responsibility is often connected with the principle of humanity, and at times, is thought to be part of it, which leads to evasion of the principle of individualization of responsibility as such. This article contains analysis of the topical problems in this sphere.
Jurisprudence
Reference:
Zherebtsov, A.N.
Contents, forms and stages of the administrative legal regulation of the legal relations in the sphere of migration in the Russian Federation.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50610
Abstract:
In the opinion of the author of this article, the modern state of legal regulation of migration procedure is badly underdeveloped and does not meet the needs of the Russian migration policy. It is quite important to form and improve goals and principles of state management in the sphere of migration processes in Russia…
Authority and management
Reference:
Amvrosova, O.N., Atayan, G.Y.
The problem of the dualism of law within the framework of correlation of the terms: “trade law”, “commercial law”, “entrepreneurial law”.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50611
Abstract:
Currently the terms of “trade law”, “commercial law”, “entrepreneurial law” are mixed and mingled in legal scholars’ views and the academic curriculum alike. The authors of this article provide their own analysis of correlation of these terms, taking into account the division of law into public law and private law.
Authority and management
Reference:
Efimov, I.A.
The decision-making process at the State Duma as a political and government cycle.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50612
Abstract:
The current political science includes a number of models of taking political decisions, which aim to single out its various stages and elements. One of the most popular models is cycle-based. This article is devoted to this model, used on an example of the Russian State Duma.
Stabilization systems: fiscal control
Reference:
Dobrynin, I.N.
Legal regime of functioning of the financial institutions in the Russian Federation: the problem of their adaptation to the international law norms.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50613
Abstract:
In late years the legal basis for the financial sphere in the Russian Federation was renewed, which was partly due its functional and structural problems. At the same time the financial sphere in our state seems to develop much faster than its normative legal basis, which, in turn, leads to gaps in the legislation. This article reviews the above-mentioned problems from the standpoint of the international legal standards.
Stabilization systems: fiscal control
Reference:
Ulyanischev, P.V.
Specific features of the modern Russian autonomy: the problem – oriented analysis.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50614
Abstract:
In the author’s point of view the provisions of the Constitution of the Russian Federation on the status of the constituent subjects of the Russian Federation fail to provide for their factual equality, while the potential for it is at hand. In the opinion of the author in order to solve the existing status problem, there needs to be a constitutional reform …
Transformation of legal and political systems
Reference:
Rodionova, A.K.
Institutional political construction of the modern federalism.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50615
Abstract:
As the author of this article points out, while the studies of federalism are held in various direction, there’s still no clean-cut concept at hand, and it’s hard to predict how federalism influences the further development of the state and society. Considering the existing methods to be inefficient, the author studies federalism as a political institution and establishes its structure.
Transformation of legal and political systems
Reference:
Zakharov, A.A.
Protection of property rights of the local self-government at the Constitutional Court of the Russian Federation in the light of realization of the Federal Law of October 6, 2003 N. 131 “On the General Principles of Organization of Local Self-Government in the Russian Federation”
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50616
Abstract:
The above-mentioned Federal law establishes a specific public law status of municipal property. At the same time some norms of this law seem to limit the property rights of the municipalities. This article by A.A. Zakharov is devoted to the topical problems of public law status of the municipal property, and protection of property rights of the local municipalities in the light of implementation of the new legislative provisions. The author also analyzes possible solutions to the existing problems within the framework of the legal positions of the Constitutional Court of the Russian Federation.
Transformation of legal and political systems
Reference:
Makaryev, D.A.
Models of status of the autonomous national areas in the legislation of the constituent subjects of the Russian Federation after the connexion.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50617
Abstract:
In order to understand the nature of the processes of uniting the constituent subjects of the Russian Federation, one needs to take into account the relevant criteria. As the author points out, the existing provisions allow a number of status models for the joint constituent subjects, which leads to lack of uniformity, and non-equal legal opportunities for various subjects.
Practical law manual
Reference:
Yarovenko, T.V., Grigoryan, E.A.
Application of technologies and fixation while conducting investigation activities.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50656
Abstract:
In this article the authors review the application of technologies and fixaton while conducing investigation and expertise activities in order to establish all relevant circumstances in a criminal case. The violation of the requirements leads to the evidence not being accepted by the court, both at the intermediary and the final stage.
Practical law manual
Reference:
Mashin, V.V.
What is a civil law responsibility of the air carrier towards the passenger? What is its nature?
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50657
Abstract:
This article by V.V. Mashin is devoted to analysis of components and specific features of civil law responsibility of the air carrier towards the passenger in the Russian law.
History of state and law
Reference:
Slesarev, M.V.
The legal practice in the sphere of civil law cases on consumer services.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50658
Abstract:
The formation of the judicial system structurally and functionally separate from administrative and other bodies in the mechanism of public administration in Russia began in the first quarter of the XVIII century. It was during this period of creation of the "regular" model, according to Peter I's plan, that a new organization of the court appeared, which can be considered a prototype of the modern one with legislatively established composition, competence (jurisdiction), specialization, instantiation, fundamental principles of activity, etc. The short duration of the functioning of Peter the Great's judicial system does not detract from its importance, since the main thing of its The model will be reproduced in subsequent domestic judicial reforms and will determine the trends and patterns of its development during the imperial period.
History of state and law
Reference:
Efremova, N.N.
Judicial bodies at the time of the formation of the state mechanism of the Russian Empire.
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50659
Abstract:
Formation of the judicial system, which was structurally and functionally separated from the administrative and other bodies within the system of state government in Russia had started in early XVIII century. At this time the “regular” (as Tsar Peter the Great had called it) state was being formed, and the new concept of courts with their structure, competence, instances, principles, etc. was formed as well. This concept lays at the basis of the modern judicial system in Russia. The short term of existence of the judicial system of Tsar Peter’s model does not miniscule its value, and it shall define the tendencies and rules of development of this sphere at the period of the Russian Empire.
Biblion
Reference:
Minnikes, I.V.
The typology of the public contracts in the Russian state (IX – XV centuries).
// Law and Politics.
2008. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=50660
Abstract:
In many modern studies the attention is paid to the wider scope of application of contractual principles in the public law sphere. This problem seems new to the Russian jurisprudence. However, Russia has a great experience in the sphere of application of contracts to the public sphere. In the Ancient Russian state the contract, along with the custom, was an important mechanism of regulation of social relations, and its sphere of application was no narrower than the sphere of application of normative acts. This article is devoted to the typology of the public contracts in Russia in IX – X centuries.
Theory
Reference:
Medvedev, V.G.
On the new approach to the analysis of the Ancient Russian obligation law. The review of the monograph by Y.V. Ospennikov “The Legal Nature of the Private Acts of the North-Western Russia in XII – XV Centuries”, Moscow, “Sputnik+ Company”, 2003, - 234 p., 14, 63 )
// Law and Politics.
2008. ¹ 8.
P. 1841-1845.
URL: https://en.nbpublish.com/library_read_article.php?id=50607
Abstract:
Procedural responsibility has been and remains the subject of close scientific attention. To date, several concepts of procedural responsibility have developed in the legal literature. This article by E.V. Chuklova is devoted to their consideration and critical assessment.
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