Theory
Reference:
Danilenko, D.V.
Definition of act of judicial power
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51086
Abstract:
There are several formal and material criteria for defining the judicial act. Doctrine presents each of them as sufficient for such definition. However, there is an opinion that every one of them as such is not sufficient. Definition of the judicial act may be achieved by combining several criteria. Author presents the combination of criteria, which are regarded as sufficient, he provides scientific study of analysis of such criteria in the light of their scientific grounds, some criteria are criticized, some get new modernized contents
Keywords:
jurisprudence, theory, judicial power body, function of judicial power, act, definition, formal criteria, material criteria, combination, hierarchy of criteria
Theory
Reference:
Bochkarev, S.A.
On achievements and potential of criminal law in the sphere of cognition of owner’s rights
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51087
Abstract:
The article is devoted to the achievements of the theory of criminal law in the sphere of cognition of owner’s rights. The author points out the fact of input of this sphere into the theory of rights of ownership, use, and disposition of property. The study shows, and the practice of Constitutional and Supreme Court of the Russian Federation proves that criminal law does not use elements of the triad, and separate elements — rights of ownership, use, and disposition do not need criminal legal protection as such
Keywords:
jurisprudence, legal rights of owner, right of ownership, triad, ownership, use, disposition, criminal law, physics of rights to property, property
Theory
Reference:
Moskalets, M.A.
On the issue of classification of subjective civil rights
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51088
Abstract:
Modern legal literature almost unilaterally recognizes bases for separation of subjective civil rights and civil legal relations into absolute and relative on one hand, and property and obligation — based on other hand. There are doubts related to the mixed group of property-and-obligations relations. This article provides critical approach to the existing classifications of civil rights and legal relations
Keywords:
jurisprudence, classification, right, legal relations, civil, absolute, relative, property, obligation, ownership
Theory
Reference:
Osipov, M.Y.
Correlation of application of law, realization of law and legal regulation
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51089
Abstract:
This article includes problems of correlation of application of law and realization of law, as well as legal regulation. The author comes to a conclusion that application of law is not a form of realization of law, but a separate legal process. This article also includes analysis of situations in the process of application of law, its typology
Keywords:
jurisprudence, application of law, realization, right, theory, type, stage, process, situation, element
State institutions and legal systems
Reference:
Bartsits, I.N.
Citizenship of the Republic of Abkhazia — legal institution and political choice
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51090
Abstract:
Formation of legal institution of citizenship of the Republic of Abkhazia has started from the moment when the USSR fell apart, declaration of independence of Abkhazia, end of the war with Georgia in 1992-1993. Among the difficulties related to formation of the citizenship of Abkhazia is definition of this institution as one of key constitutional institutions. Within the article the author analyzes the general principles of legal regulation, bases for acquiring citizenship of the Republic of Abkhazia, problem of double citizenship, the overview of citizenship in the Republic
Keywords:
jurisprudence, person, status, citizenship, institution, principles, bases, bipatrides, citizenship of a child
State institutions and legal systems
Reference:
Poyarkov, S.Y.
Judicial constitutional control in the ideological system of Russian constitutionalism
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51091
Abstract:
The article is devoted to analysis of the Constitutional Court of the Russian Federation as a body of judicial constitutional control as special ideological institution, which protects the basic ideas of Russian constitutionalism. The nature of its ideological status defines the function of control over functional and especially legislative activities of the state power, basic ideas of Russian constitutionalism. Practical activity of the Constitutional court of the Russian Federation proves that the groups of cases, that it views correspond to basic ideas of the Russian constitutionalism
Keywords:
political science, constitutional, judicial, control, constitutionalism, court, ideology, ideas, system
Transformation of legal and political systems
Reference:
Krotkov, V.O.
Transformation of Russia on the brink of XX and XXI centuries: civilization context
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51092
Abstract:
The study is devoted to the modern transformation process, which takes place in social, economic and political spheres of live within the context of theory of civilization development. The article includes definition of transformation, its basic periods. The author attempts to identify the historic vector of development of the new Russia through the prism of path of civilization
Keywords:
political science, politics, transformation, civilization, theory, methodology, Russia, globalization, regionalization, world
Authority and management
Reference:
Varlen, M.V.
Specific features of realization of legal status of political party through provision of deputy (representative) candidates
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51093
Abstract:
The author pays attention to the multipartizan principle, which is a new basis for the formation of the Russian parliament. The author also pays attention to realization of legal status of the political party through the provision of deputy (representative) candidates. Analyzing the status of political party in the Russian Federation one may single out several mechanisms, which ensure participation of parties in formation of decisions of municipal government bodies and state bodies. That is why it is quite interesting how state may influence political and party system
Keywords:
jurisprudence, people’s rule, Parliament, party, multipartizan, candidate, elections, status, power, bodies
Authority and management
Reference:
Vaskova, M.G.
Inner functions of electronic state (taking the Russian Federation as an example)
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51094
Abstract:
The article is devoted to key inner functions of modern forming electronic state. The author attempts to analyze functions of traditional state and key directions of development of electronic state. The article is based on legal acts of the Russian Federation
Keywords:
jurisprudence, electronic, information, state, society, functions, inner, Russia, economic, electronic
Stabilization systems: government control
Reference:
Mishunina, A.A.
System approach of state regulation of migration processes in the Russian Federation
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51095
Abstract:
In this article based on analysis of definition, nature and contents of migration law and basic elements of regime of stay (residence) of foreign citizens and apatrides in the Russian Federation the author comes to a conclusion that there’s need to adopt a Federal Law “On State Migration Policy of the Russian Federation”
Keywords:
migration law, migration regime, foreign citizen, migration process, state regulation
Law and order
Reference:
Churilova, E.V.
Some problems of qualification of crimes, related to production and sales of food products, which fail to meet the safety requirements
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51096
Abstract:
The article is devoted to some problems of qualification of crimes, related to production and sale of the food products, which do not fulfill the safety requirements. The author points out the reasons for lowering number of cases on this type of crime. As an example, he takes statistics of the Prosecutor’s Office of Khabarovsky Region on this type of crimes
Keywords:
jurisprudence, qualification, crime, requirement, safety, food, products, responsibility, production, sale
Law and order
Reference:
Dilbaryan, G.G.
Implementation of intellectual property rights under the Russian legislation
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51097
Abstract:
The article includes analysis of ways of implementation of intellectual property rights and legal limitations to obligations of physical or legal persons, who possess the exclusive right to the result of intellectual activity or means of individualization of goods
Keywords:
jurisprudence, intellectual activity, means of individualization, physical limitations, possessor of rights, legal protection, subjective rights, related rights, non-property rights, copyright
Transnational interests
Reference:
Erpyleva, N.Y., Getman-Pavlova, I.V.
Trans-border bankruptcy in international private law
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51098
Abstract:
This article is devoted to a number of issues, related to the trans-border bankruptcy. The author analyze the general theoretical problems of international competition law, provide detailed study of national legal regulation and international legal regulation of bankruptcy
Keywords:
jurisprudence, law, bankruptcy, competition, procedure, liquidator, manager, law, contract
JUDICIAL POWER
Reference:
Tumanov, D.A.
Some thoughts of the value of the Constitution of the Russian Federation for implementing justice in civil cases
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51099
Abstract:
The article is devoted to value of the Constitution of the Russian Federation for the implementing justice in civil cases. The author pays attention to the incorrect understanding of provisions of the Constitution by science and practice, which does not help to implement the ideas of the Constitution
Keywords:
jurisprudence, Constitution, justice, judicial protection, court, civil process, principles, procedural form, non-constitutional, constitutionality
JUDICIAL POWER
Reference:
Einullaev, T.B.
Nature of legal positions of the Constitutional Court of the Azerbaijan Republic
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51100
Abstract:
The article is devoted to the studies of legal nature of legal positions of the Constitutional Court of the Azerbaijan. The author comes to a conclusion that these positions are included into the motivation parts of all the decisions of the Court, and have legal force identical to the resolutive part. The author also views the issue on regarding the legal positions of the Constitutional Court as sources of law
Keywords:
jurisprudence, Constitutional Court, Republic of Azerbaijan, legal positions, legal force, provision, interpretation, constitutionalism, legal position, general obligatory character
Jurisprudence
Reference:
Damirchiev, E.I.
Problem of empire in science
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51101
Abstract:
Modern spiritual and material culture of the humanity, especially of its “civilized” part formed in a large part in the empires of the Ancient time, Middle Ages, and the New time. The great examples of art, literature and culture as a whole are mostly created at the imperial time in history of peoples. So, the spiritual and material culture of the modern humanity is in a large extent imperial heritage
Keywords:
political science, empire, monarchy, culture, religion, democracy, power, civilization, state, nation
Jurisprudence
Reference:
Sturov, S.V.
Perspectives and actualization of legal thesaurus of modern Russia
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51102
Abstract:
The article is devoted to providing basis for inclusion into the scientific turnover a new term “legal thesaurus”. The author considers that introduction of a new term, which means the combination of most important legal spheres should enhance classification of their contents and cognition of algorithm of their functioning, their differentiated improvement and integrative change. The key and important elements of legal thesaurus are ideologies, as systematized strategic theories of nature and perspectives of legal development
Keywords:
jurisprudence, law, thesaurus, statehood, corruption, ideocracy, politics, power, system
Jurisprudence
Reference:
Yudkin, A.V.
Problems of pluralism in understanding the character of the technical norms in the Russian legal studies
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51103
Abstract:
The author analyzes the specific features of understanding character and nature of technical and legal norms. The author attempts to understand reasons for existing pluralism in such an understanding. The author also offers the ideas for solving the problem
Keywords:
jurisprudence, law, norm, technique, regulation, pluralism, definition, theory, legal studies, education
Conflict: tools of stabilization
Reference:
Linetsky, S.V.
Nature and definition of service dispute
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51104
Abstract:
The article includes analysis of a novel for the Russian law category of “service dispute”. Analyzing the existing legislation on state service, author points out that it includes a number of blanks and incorrect statements, and fails to fully comprehend the legal status of state servants, so the mechanism of resolution of disputes fails to be fully efficient. Based on the analysis the author comes to a conclusion about the need to form a strict and stable definition apparatus of the service dispute, giving the definition of service dispute a key place. Based on broad study of nature of service dispute, its subject and object elements, the author forms an original definition of service dispute
Keywords:
jurisprudence, service, personnel, employer, dispute, conflict, definition, nature
Human and state
Reference:
Shugurov, M.V.
Human right to recognition of legal subjectivity: normative nature and value, international legal guarantees
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51105
Abstract:
The article is devoted to the analysis of structural elements of human right to recognition of legal subjectivity. Based on the analysis of international legal acts the author establishes the place of this right within the system of internationally recognized human rights. The author analyzes meaning of this international human right for defining the legal status of a person within the state order
Keywords:
jurisprudence, law, person, legal subjectivity, dignity, state, recognition, subject, freedom, individual
Human and state
Reference:
Belkovets, L.P.
Means of dealing with collisions in the sphere of citizenship in Soviet legislation of 1920s.
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51106
Abstract:
The article is devoted to topical problems of legislation in the sphere of citizenship, as problems of international law of 1920s. The analysis is based on key provisions of normative acts, such as “Provisions on Union Citizenship” of 1924 compared to legislation of other states. The author comes to a conclusion on successful solution of the problem of double citizenship and various citizenship in the Russian law
Keywords:
jurisprudence, law, citizenship, definition, bipatrides, collisions, legislation, priorities, Russia
Human and state
Reference:
Pirozhkov, I.G.
Construction Ustav of 1832: formation, structure, contents
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51107
Abstract:
The article is devoted to studies and reconstruction of history of Russian construction legislation in XIX century. The subject of the study is historical evolution of the Construction Ustav — main legal basis for architecture and town planning. The article includes analysis of structure, contents and legal techniques of this normative legal act
Keywords:
jurisprudence, town planning, Construction Ustav, codification, systematization, norms, edition, city planning, city formation, legislation, the Russian empire
Practical law manual
Reference:
Dubrovsky, O.N.
Historical prerequisites of formation of municipal government in Tyva before the formation of statehood
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51108
Abstract:
The article is devoted to historic organization of the Tyva people before the formation of statehood. The author analyzes their traditional administrative formation and the prerequisites for local self-government, as well as historic factors, which influenced the formation of municipal government
Keywords:
jurisprudence, self-government, formation, Tyva, Yranykhaisky land, The Quing Empire, administrative division, management before the formation of statehood, administrative division, administrative management, kindred local management
Practical law manual
Reference:
Gromozdina, M.V.
Legal aspects of separate housing of parents
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51109
Abstract:
The article includes analysis of the situation, which is related to separate housing of parents, and the influence that it has on implementation of their parential rights. Provision on equality of parential rights in the Family Code of the Russian Federation often causes disputes between parents, especially in cases on which of the parents is a legal representative of an underage child. Analyzing existing legislation, opinions of leading specialists and judicial practice the author pointed out the nature of problem
Keywords:
jurisprudence, court, disputes, representation, divorce, rights, parents, amount, family, child
Practical law manual
Reference:
Vasilieva, M.A.
Some problems related to investigation of crimes in the sphere of forestry
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51110
Abstract:
This article based on statistical data includes analysis of the first stage of investigating crimes on illegal wood-cutting. Much attention is paid to formation of traces, separate investigation activities, including judicial expertise
Keywords:
jurisprudence, ecology, statistics, offence, formation of traces, investigation, viewing, expertise, means, review
Academic life
Reference:
Savin, A.A.
Types of legal consequences of unconcluded contracts
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51111
Abstract:
The article provides issues of legal consequences of unconcluded contracts, which are differentiated depending on fact of presentation and its acception. The author analyzes a number of problem aspects of application of norms on unjustifiable enrichment to the relations on unconcluded contracts. The author regards the problems of fault of the agent, who leaves the negotiation process without respectable causes
Keywords:
jurisprudence, unconcluded contract, unconcluded deal, negative legal fact, unjustifiable enrichment, civil law responsibility, civil law responsibility, culpa in contrahendo, conclusion of contract
Anniversaries
Reference:
Dubovik, O.L., Ryerikht, A.A.
Individual and medicine: legal, philosophical and ethical aspects
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51112
Abstract:
Having studied the results of international discussion on definition of human dignity in law, philosophy, sociology, ethics, medicine due to new achievements of medical technology and techniques. The author casts light on goals and meaning of use of legal approaches to the human dignity for protection of rights of embryos, life, patients’ rights, etc.
Keywords:
jurisprudence, dignity, medicine, embryos, euthanasia, right, individual, transplant, life, technology
History of state and law
Reference:
Rednikova, T.V.
Congratulations to O.L. Dubovik on 60th anniversary
// Law and Politics.
2009. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51498
Abstract:
The article examines the current problems of legislation in the field of citizenship as a problem of international law of the 1920s. The analysis is carried out according to the main provisions of normative acts, including the "Regulations on Union Citizenship" of 1924, in comparison with the legislation of other states. Conclusions are drawn about the successful overcoming by Russian legislation of the conflicts of dual citizenship and citizenship in marriage law.
Keywords:
Yurisprudentsiya, pravo, grazhdanstvo, opredelenie, bipatridy, kollizii, brak, prioritety, Rossiya.
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