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«Law and Politics» (18+)


№ 1, 2009
Published since
2013 year
Frequency
Monthly
ISSN
2454-0706
Registration number
ЭЛ № ФС 77 - 69664
Contents
Theory
Authority and management
Stabilization systems: government control
Transformation of legal and political systems
Transnational interests
State security
International security systems
Law and order
Practical law manual
Jurisprudence
Public communications
Human and state
Anthropology of law
Legal and political thought
History of state and law
In memorium
Academic life
Contents details
Theory
Reference:
Kelsen, Hans (2009). Legal theory of agreement. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50822
Abstract: The author views “agreement” as a theoretician, which allows him to study this phenomenon of law, from the standpoints of international and national law. Based upon various types of agreements, he views agreement as a norm, that is a necessary part of any and every legal order. In particular, he studies the procedure of concluding agreements, their law-evaluation function, the relationship of agreement (convention), the subjects, who are bound by the convention norm, and the cessation of agreement, the sphere of material validity of agreements, conflicts between norms of agreements, etc. Keywords: agreement, contract, procedure of concluding agreement, convention norm, convention relation, the subject of convention agreement, conflict of norms of agreement, validity of agreement, types of agreement
Theory
Reference:
Biryukov, S.V. (2009). Legitimacy of right (law) and its denial (setting the problem). Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50823
Abstract: As the author points out, the state legal reality, which is described using the legal construction of “legitimacy of law”, as well as the related terms, is rather contradictory and complicated. The demon of contradiction is present in the very term, since if law (rule) may be voluntarily accepted, then it may as well be denied. That is why, the process of establishing the right (law) coexists with its denial. Keywords: legitimacy, right, law, denial, state, rule, existence, process
Authority and management
Reference:
Lyamin, M.V. (2009). Problems of of organizational separation of the local self-government from the system of state government in the Russian Federation at the modern stage of development. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50824
Abstract: The social dynamics and the process of development flex the priorities in the local self government and the state government alike. This article is devoted to topical problems of organizational separation of local self-government from the system of state government in the modern Russia. The author also views the theoretical issues of distinguishing the powers at the various levels of government. Keywords: local self-government, municipal, state government, power, government, competence of the state government bodies, competence of municipal bodies, municipal unit, administrative and territorial division, institution of government, constitutional model
Authority and management
Reference:
Varlen, M.V. (2009). Status of a Member of Parliament at the subject of the Russian Federation( taking the Privolzhsky Federal District as an example). Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50825
Abstract: Status of the MP causes much scientific and practical interest in the modern Russian Federation. A variety of Parliamentary bodies at the constituent subjects of the Russian Federation allows to establish similar and dissimilar features in their structures, organization of their work, status of the MPs, guarantees of their activities. Analyzing and studying the experience of constitutional constructions at the various subjects of the Russian Federation, one may provide forecasts and make propositions for the future development of realization of constitutional principles, including the people’s rule. This article includes an attempt of legal evaluation of the status of a MP of a legislative (representative) body of the constituent subject of the Russian Federation, taking the Privolzhsky Federal District as an example. Keywords: Constitution, legislation, parliament, MP, status, guarantees, people’s rule, elections, constituent subjects of the Russian Federation
Stabilization systems: government control
Reference:
Sidorov, S.A. (2009). State measures in order to ensure social and demographic security of the Dalnevostochny Federal District. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50826
Abstract: The article is devoted to the political analysis of the demographic stuation, and the related difficulties. The problems to be evaluated include the flux of working people, the lack of jobs, growth of the number of unemployed people, high costs and tariffs for the communal fees. All of these have negative influence on salaries, wages, pensions, social programs, commercial turnover with the foreign states, and in the end to the security of the Russian Federation. Keywords: security, demography, salaries and wages, income, pensions, security of the Russian Federation
Transformation of legal and political systems
Reference:
Savinov, L.V. (2009). National issue in China: evolution of politics and law. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50827
Abstract: This work includes analysis of political and legal solutions for the national issue at the People’s Republic of China. The author evaluates the historical stages of development of the Nation of China, as well as specific featuers of ethnic policy of the state at every one of these stages. Keywords: China, national policy, the Nation of China, ethnic policy, ethnic political processes
Transformation of legal and political systems
Reference:
Volkov, A.M. (2009). Improvement of legislation on administrative offences in the sphere of subsurface management. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50828
Abstract: Based on the analysis of the articles of the Federal Law “On the Subsurface” and the Code of the Russian Federation on Administrative Offences, the author offers specific amendments and changes into the existing legislation on administrative offences in the sphere of subsurface management. Keywords: subsurface, subsurface management, laws, administrative offences, legislation of the Russian Federation
Transnational interests
Reference:
Efremova, N.A. (2009). Interaction of legal bases of various levels of economical integration. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50829
Abstract: Development and intensification of international cooperation lead to larger and larger number of agrements and contracts. One cannot exclude the situation, when the obligations of a state under one international convention do not quite fall within the framework of its obligations under other convention. All of this shows us the problem of correlation and interaction of norms of international conventions.This problem is especially topical in regard to the economical cooperation and economical integration of the states. Keywords: international cooperation, economical integration, economical cooperation, international conventions and agreement
State security
Reference:
Kostennikov, M.V., Kurakin, A.V., Tregubova, E.V. (2009). Administrative prohibitions as means of fighting corruption within the system of state service of the Russian Federation. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50830
Abstract: This article is devoted to the system of administrative prohibitions employed in the mechanism of fighting corruption in various types of state service. The authors watch the evolution of adminstrative prohibitions in systems of civil, military and law-enforcement state services. The special attention is paid to the specific features of administrative legal prohibitions implementation in various spheres of state service. Keywords: corruption, state service, system of state service, administrative prohibition, state servant, administrative legal means, fighting corruption, stimulation of service behaviour, anti-corruption monitoring
International security systems
Reference:
Botasheva, Asijat (2009). Key problems of globalization of the world economics as determining factors for the modern terrorism. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50831
Abstract: The determining factor of international terrorism is the deep structural instability in the world, whichi is due to globalization of the world economies. This is globalism, which gives birth to conflicts again and again, and puts world on the verge of conflict. In order to control the processes of globalization, one should first of all, control direction and tempo of economical and technical development. Keywords: terrorism, international terrorism, terrorism threat, terrrorist organizations, globalization, TNK, Western states, globalization of the world economy, determination of terrorism, financing terrorism
Law and order
Reference:
Shapovalov, V.V. (2009). Use of special knowledge while investigating cases of army dodging by self-maiming. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50832
Abstract: In this article the author reviews various means of self-maiming by the army servants, committed in order to avoid army service. Use of special knowledge of medical and criminal sciences is necessary in order to obtain evidence of self-maiming by the suspect, and establishing the goal of the crime. Keywords: army service, army dodging, avoiding army, self-maiming, crime, expertise
Law and order
Reference:
Kuchin, O.S. (2009). Specific features of mechanism of committing crimes in the sphere of unlawful turnover of precious metals and natural precious stones. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50833
Abstract: In order to establish and investigate crimes in the sphere of unlawful turnover of precious metals and stone, it’s necessary to establish both the mechanism and the stages of such crimes. The key element of mechanism is an illegal turnover. By analyzing the mechanism of such crimes, one may single out stages of illegal turnover. Keywords: turnover of precious metals, turnover of precious stones, crimes, illegal turnover
Practical law manual
Reference:
Rayevskaya, T.S. (2009). Definition and legal regulation of affiliated persons under the legislation of the Russian Federation. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50834
Abstract: As the author points out, while the term “affiliated pesons” is included into the anti-monopoly legislation, it is a part of dependence among the participants of the civil law turnover, which is the subject of study in this article. The author reviews the term of”affiliated persons” in relation to other similar terms, such as “interested persons”, “group of persons”, studies the divulging of information on affiliated persons. Keywords: affiliated pesons, civil law turnover, group of persons, interested persons, anti-monopoly legislation
Practical law manual
Reference:
Charkin, S.A. (2009). Legal peculiarities of rent contracts and contracts of rent for the plot of land. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50835
Abstract: As the author of the article points out, at the modern stage only the Civil Code of the Russian Federation includes mention of the rent contract, at the same time the legislation provides nothing on the rent of the plot of land. The analysis of development of market economy at its current stage shows that the issue of rent of the plot of land is quite topical. What norms of the law should one use for this type of contract, and what is the legal practice? Keywords: rent, rent of plot of land, market economy, legal regulation
Practical law manual
Reference:
Gavrilov, N.K. (2009). Normative legal basis for electronic sales in Russia. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50836
Abstract: Currently the legislation in the sphere of electronic commerce and electronic document turnover goes through the stage of development, which is key for the formation of legislation in the sphere of information and communication technologies. Much relevance is given to agreement of parties, for example, in the use of digital signature. Keywords: information technologies, digital signature, legislation, reform, electronic documents, electronic commerce
Jurisprudence
Reference:
Biktagirov, R.T. (2009). Subjects of election law: theoretic and legal analysis. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50837
Abstract: In this article there’s an attempt to provide a general definition and theoretical legal analysis of the subjects of election law, which is at the stage of its separation from the constitutional law into the separate branch of law. Keywords: election law, subject of law, reform, constitutional law, legal analysis
Public communications
Reference:
Rogozin, E.V. (2009). Traditional political culture: its functions and role in the political processes of the modern Russia. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50838
Abstract: The article is devoted to the analysis of key principles of the traditional political culture, the reasons for its stability and role in the political processes in the modern Russia. The traditional political culture is based on the existing political traiditons, which predefine the character of political processe, goals and means, results, political conscience and self-conscience, etc. Now, in the XXI century, the mechanism of traditional political culture staggers the modernization in the country. This is a specific problem of the Russian people, which needs special attention of legal scholars. Keywords: central zone of the political culture, channels of communication, political traditions, political establishment, political identity, types of political reaction, political participation, state-centric tradition, messiahism, socially-oriented state
Public communications
Reference:
Khvostunova, N.V. (2009). Legal regulation of holding public hearings at the local level. Some specific features of their regulation. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50839
Abstract: Russian legislation provides for various forms of participation of people in local self government, which serve as a basis and a link between the municipality and the people, develops the initiatives of the people. One of the forms of direct self-government is public hearings, this article centers itself on this issue. Keywords: public hearings, public self-government, participation of people in government, Russian legislation
Human and state
Reference:
Gubenkova, E.V. (2009). Theoretical and practical problems of realization of the principle of humanism at the penitentiary institutions: based on the materials of the Astrakhan oblast. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50840
Abstract: Human rights and freedoms may come into reality only when there’s an active legal mechanism, which ensures rights of the convicts, within the specific social, psychological, economical and political context, which would heighten the efficiency of the legal protective institutions and the legal system as a whole. This article provides for the mechanism of realization of the principle of humanism, while executing punishment in the form of deprivation of freedom, it also includes analysis of the problems in this sphere, taking the Astrakhan oblast as an example. The author defines legal and organizational means, which assist the further humanization of the Russian penitentiary spehre. The aricle is written based on the wide range of empiric materials, including the practice of the Ombudsman of the Astrakhan oblast. Keywords: principle of humanism, deprivation of freedom, convict, mechanism of realization of the principle of humanism, penitentiary psycholoogy, personal security of convicts, obligations of convicts, polling of convicts, minimal standard rules of treatment of convicts
Anthropology of law
Reference:
Deryugina, T.V. (2009). An interest, as a prerequisite and limit to a subjective civil right. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50841
Abstract: Since legal behaviour of the individual falls within the limits established by the norms of objective law, there’s a close connection between interest and right. That is why one of the most important issues regarding subjective civil law is the problem of correlation of subjective right and interest. Keyword: legal behavior, individual, objective law, law, right, interest, correlation
Legal and political thought
Reference:
Schprenger, Gerhard (2009). To the 100th anniversary of the legal philosophy. Rethinking the past. To the 100th anniversary of the first issue of the journal “The Archive of the Legal and Economical Phylosophy” in 1907. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50842
Abstract: This article is devoted to the 100th anniversary of the journal “Archive of Legal and Political Phylosophy”, or as it was previously called “Archive of Legal and Economical Phylosophy”. The topic is of much interest, since the journal reflects the tendencies of development of legal phylosophy throughout the century. Keywords: anniversary, centennial, archive, legal phylosophy, social phylosophy, journal, phylosophy
History of state and law
Reference:
Danchenko, A.S. (2009). The supreme advisory bodies within the system of state power and government in the Russian Empire (1800 – 1850). Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50843
Abstract: The article is devoted to legal nature and general characteristics of the supreme advisory bodies to the Emperor. While they were formed in XVIII century as advisory bodies, they became permanent state institutions, such as the State Council and the Committee of Ministers. When the legislation was brought into the system and publication of the Code of Laws of the Russian Empire of 1832, with its lated reeditions of1842 and 1857, they were institutionalized, and their competence was defined within the system of relations with other central bodies of state government. Keywords: higher committees, the State Counsil, history of Russia, history of state and law of Russia, history of state government, the Committee of Ministers, organization of the state power
History of state and law
Reference:
Doronina, O.M. (2009). The legal immunity of the Russian parliamentary member: constitutional and legal bases, political practice in the history of the Russian state. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50844
Abstract: The article is devoted to analysis of evolution of the institute of the MPs immunity under the Russian legislation from the moment it was formed till the current stage. The meaning of MPs immunity is analyzed at various stages of the history of the Russian state. The author studies the juridical construction of immunity of the Russian MP. The study of these issues includes comparison of the status of the federal MP and the MP in the Parliament of the constituent subject of the Russian Federation. The author comes to a conclusion that the approach have always been differentiated, and the immunity of the federal MP is too broad, why the regional MP’s immunity is too limited. Keywords: evolution of MP’s immunity, as established for the Russian MPs by the laws of the Russian state
History of state and law
Reference:
Nuriev, A.D. (2009). Problems of federalism in the pre-Revolution and Soviet science: issues of theory. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50845
Abstract: This article is devoted to analysis of some theoretical and historical legal aspects of issues of federalism in Russia. The study includes pre-Revolution legal and political thought on federalism by both Russian and foreign scientists, as well as post-Revolution thoughts. The author analyzes genesis and development of federal relations at the Soviet time, and specific features of development of Russia within the Soviet Union. Keywords: federalism, federalization, unitarism, sovereignity, ethnic and territorial federalism, federal structure, subject of the federation, unitary model of federalism, federal power
History of state and law
Reference:
Yanday – ool, T.V. (2009). Justice in Tyva at the time of rule of the Manchur dynasty (1757 – 1911). Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50846
Abstract: In 1755 the Manchur army entered Djungaria, and its sphere of power included the Tyva tribes. In 1758 the territory of Tyva was won over by the Manchur dynasty of China, and since that time the Manchur dynasty ruled the territory till 1911. The article is devoted to realization of justice in this period of time. Keywords: justice, Tyva, Manchuria, Manchurian dynasty, rule
In memorium
Reference:
(2009). In the memory of Academician Oleg Emelyanovich Kutafin. Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50847
Academic life
Reference:
Kotov A.S. (2009). Perspectives of investment development: Azerbaijan, Germany, Kazakhstan, Russia. . Law and Politics, 1. https://en.nbpublish.com/library_read_article.php?id=50848
Abstract: From November 21 to November 23 2008 within the project of cooperation of the leading scientific and scholarly institutions of Azerbaijan, Germany, Kazakhstan, and Russia there was a conference on the law of international investments. The leading scholars and professionals of those states took part in this conference, and the discussion included most topical issues on regulation of foreign investments at the foreign stage, as well as the perspectives of development of this branch of law. The conference included such renowned legal scholars, as A. Trunk, G. Velyamninov, M. Suleymanov, R. Hausmann.
Keywords: konferentsiya, investitsionnoe pravo, dvustoronnii investitsionnyi dogovor, MTsUIS, MIGA, YuNKTAD, Institut gosudarstva i prava, A. Trunk, M. Suleimenov, R. Khausmann, I. Farkhutdinov
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