Theory
Reference:
Alpatov, A.A.
On nature of law
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51113
Abstract:
This article includes analysis of evolution of understanding of nature of law and legal practice both within the historic and philosophic and legal frameworks. The author touches upon the issue of criteria of types of legal understanding, attempts to bring views of legal scholars on the nature of law into some system, offers a new approach of understanding law through the prism of unity of natural and positive law.
Keywords:
jurisprudence, historical aspect, criteria of understanding law, classification of views, duality of approaches, several stages, patterns, human nature, normativism and naturalism, natures of law
Theory
Reference:
Dobrynin, N.M., Kapitonov, S.A.
Statehood studies as a branch of jurisprudence
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51114
Abstract:
This article is devoted to the theoretical bases of jurisprudence in sphere of state studies. Within this sphere the state is a sphere of theoretical legal studies and sphere of practical professional legal qualification. The contents of state studies are ensuring balance between individual abilities of a person within the state sphere, and state support of his expectations due to these circumstances. The article also includes analysis of key problems of the modern state, which may be posed, studied and solved from the standpoint of state studies as an independent direction in jurisprudence.
Keywords:
jurisprudence, power, guarantees, state studies, interests, responsibility, support, law, legal studies
State institutions and legal systems
Reference:
Goncharov, V.V., Zhilin, S.M.
Principle of separation of powers and its role in the process of formation and functioning of the executive bodies in the Russian Federation
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51115
Abstract:
This article is devoted to the principle of separation of powers and its role within the process of formation and functioning of executive bodies in the Russian Federation, problems in its realization, as well as possibilities for improvement.
Keywords:
jurisprudence, power, President, Government, formation, functioning, separation, apparatus, mechanism
Authority and management
Reference:
Grigorieva, A.V.
On the issue of development of federal relations in the modern Russia
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51116
Abstract:
Modern federalism should not be regarded just in one aspect, since it has many dimensions. Improvement of federal relations and their efficiency should be regarded from the position of its systemic elements: political, social, economic, legal, geopolitical, spiritual, cultural, moral. Analysis of problems of federal structure and its tendencies is of supreme importance for Russia, where federalism is now formed on a large scale. It is obvious that there’s need to find efficient legal and political mechanisms, which would reflect the objective need for social development and capability of power structures to implement the federal model in Russia.
Keywords:
jurisprudence, federalism, federation, subject of the federation, enlargement of constituent subjects, federal districts, fanthom federalism, state structure, Russian statehood, administrative reform
Authority and management
Reference:
Poyarkov, S.Y.
On the nature of political ideology of state power
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51117
Abstract:
This article is devoted to the natural bases and understanding of political ideology of state power. It is established that through the system of ideological knowledge as a basis for cognitive and value-based model of activities of the state power identification and legitimacy co stat power can be achieved
Keywords:
political science, state, power, political, ideology, identification, legitimacy, knowledge, system, values
State security
Reference:
Almazova, B.I.
Modern tendencies of legal regulation of medical activities
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51118
Abstract:
This article is devoted to one of the topical aspects of law – regulation of legal relations devoted to medical services. The author pays attention to self-regulated organization, their legislative regulation, as well as to the issue of self-regulation of medical activity.
Keywords:
jurisprudence, self-regulation, medicine, quality, service, regulation, responsibility, medical service, co-regulation, control
State security
Reference:
Grigoriev, A.A.
Analysis of our principles of fighting terrorism
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51119
Abstract:
The article is devoted to the principles of fighting terrorism, as provided in the Federal Law of the Russian Federation “On Fighting Terrorism”. The author analyzes these principles, evaluates their efficiency in reality, divides them into legal an organizational ones. As a result the author offers practical recommendations, which are directly related to formation of principles, which are adequate to the threat of terrorism in today’s Russia.
Keywords:
jurisprudence, Russian Federation, legal and organizational principles, analysis, terrorism, terrorism threat, principles of fighting terrorism, classification of principles, anti-terrorism propaganda in education institutions
International relations: interaction systems
Reference:
Kazarchenkova, O.V.
Corruption as a systemic threat to the national security: problems of counteraction and liquidation
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51120
Abstract:
In this article the author studies the topical issues of fighting corruption, which became a threat to national security, institutions of democracy and the constitutional principles of social justice, to equality of people, normal functioning of the state, and efficient development of economics. This article includes ideas aimed to prevent and fight corruption.
Keywords:
jurisprudence, corruption, fighting, prevention, liquidation, security, service, conflict
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Antonov, I.P.
Theories of ensuring implementation of norms of international law within the system of national legislation of the FRG
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51121
Abstract:
The author of this article provides legal analysis of legislation of the Federal Republic of Germany (including decisions of Federal Constitutional Court) and scientific works of German scholars, analyzes the issues of interaction of international and national law. This problem is solved by bringing into accord two systems of law of the same level. In German concept of international law, the scholars use theory of incorporation, teaching of necessary implementation of international contracts, theory of transformation. Based on scientific analysis and comparison the author establishes similarities and differences among positions of Russian lawyers and their German colleagues on these issues.
Keywords:
jurisprudence, dualism, contract, implementation, incorporation, concept, monism, international, reception
JUDICIAL POWER
Reference:
Rednikova, T.V.
Formation and realization of integrated policy in the sphere of producing goods on national level (taking Denmark as an example)
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51122
Abstract:
The article is devoted to realization of integrated policy of producing and turnover of product, as established by the European Commission, by Denmark. This policy is aimed to limit the influence of goods and services within their life cycle on the environment by use of political instruments in the spheres of production and consumption, which should make the market of goods more “eco-friendly”.
Keywords:
jurisprudence, politics, products, nature, utilization, eco-marking, eco-design, recycling, utilization, waste
Human and state
Reference:
Telnov, A.V.
Legal aid as a source to make civil legal procedure more accessible
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51123
Abstract:
The article includes analysis of accessibility of justice in civil procedure, factors and conditions for it. The author also establishes the role of legal aid as one of means which would allow to make justice more accessible. Based on the above-mentioned analysis the author offers measures to improve legal culture and education of the people in the country. The author also stresses the role of the state in making justice on civil cases accessible.
Keywords:
jurisprudence, legal aide, access to justice, accessibility of justice, accessibility of legal aid, factors of accessibility, conditions for accessibility of justice, legal culture, education of people, improvement of legal culture of people
Human and state
Reference:
Popov, E.A.
Corruption in the modern society: ontological characteristics
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51124
Abstract:
The article actualizes the other approach to fighting corruption and its expressions on all levels of relations between state, society and individual. It takes on the ontological characteristics of corruption, which allows to evaluate this antisocial tendency and its nature, its aspects related to legal cognition, legal culture, and general culture. Taking it into consideration shall allow to find more efficient means to fight corruption.
Keywords:
jurisprudence, corruption, ontology, corruptiogenous, corrupted, state, society, administration, genetic type, legal cognition
Human and state
Reference:
Slizhov, G.V.
Social protection of army men within the context of realization of functions of the Russian state
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51125
Abstract:
This article is devoted to place and role of social protection of army personnel in realization of functions of the Russian state. The author shows the process of singling out social protection of army personnel in functioning of state. He establishes key approaches to the issue, taking historic experience of Russia and the USSR as well as in the foreign states. Much attention is paid to the social protection of army staff at the current stage of reforms and development of the Russian states. Author formulated the ideas on improvement in this sphere of state activity.
Keywords:
jurisprudence, social policy, functions of the state, army servants, social protection of armed forces staff and their families, foreign experience of social protection of army staff
Discussion forum
Reference:
Timshina, E.L.
Women’s movement in the modern Russia (1991–2009): experience of structural studies
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51126
Abstract:
Participation of women in the political process is one of the key characteristics of development of democracy in the state. This social and political issue in the modern Russia is represented by a variety of organizations and movements, varied in their structure and activities. The study of structure of women’s movement can be best held with use of the database on women’s organizations with use of methods of formal and quality analysis.
Keywords:
political science, women’s movement, gender, social movement, civil society, women’s organization, modern Russia, database, democracy, system analysis
Practical law manual
Reference:
Kozhevnkov, O.A.
Some issues related to legal bases of formation of financial and property system of public subjects within the framework of realization of social policy of the state
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51127
Abstract:
In the conditions of current market economy it’s no secret that in order to ensure constitutional rights of people: financial resources and efficient system of their formation and use, which allows to offer social support to those in need. Does Russian legislation meet these needs? The author’s point: not quite.
Keywords:
jurisprudence, social state, social support, monetizing, Constitution of the Russian Federation, separation of powers, financial basis, Arbitrazh court, human rights and freedoms, Constitutional Court of the Russian Federation
Practical law manual
Reference:
Savin, A.A.
Bases for recognizing the contract as non-concluded
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51128
Abstract:
The article analyzes the legal construction of non-concluded contract as a type of negative legal fact. The author analyzes the correlation of non-concluded and non-performed deals from the point of view of their legal structure. The author analyzes the issue of bases for recognizing the contract as non-concluded.
Keywords:
jurisprudence, non-concluded contract, non-concluded deal, negative legal fact, written form of contract, civil law deal, will of the parties, non-delict offence, conditional obligation, non-valid deal
Practical law manual
Reference:
Firsova, N.V.
Specific features of buying land shares
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51129
Abstract:
Currently civil law regulation includes some specific features regarding acceptable deals with land shares (inheriting, including the shares into the capital stock of the agricultural organization, trust, gift). The list of subjects, which may trade in land shares is also limited (they may be purchases by participants of shared property, members of farms, agricultural organizations). The deals with land shares, which are not included into the first list, or which are concluded by subjects outside of the second list, are not valid.
Keywords:
jurisprudence, land, shares, contract, sale, purchase, member, subjects, deal
History of state and law
Reference:
Aleksova, A.V.
Some specific features of identification of illegally produced firearms by its bullets and bullet cases
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51130
Abstract:
The article is devoted to specific features of identification of self-made firearms by signs on bullets and bullet cases. Specific features of self-made guns (pistols and revolvers) allows to establish a particular unit of firearms.
Keywords:
jurisprudence, arms, bullets, bullet cases, self-made, identification, signs, traces, revolvers, pistols, firearms, gun chamber
History of state and law
Reference:
Sobina, I.Y.
Formation and development of sources of Bysanthine family law and their influence on formation of the ancient Russian legislation
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51131
Abstract:
The question of the Rome and Byzantine law influence the ancient Rus legislation is still insufficiently known and has many debatable points. The fundamental investigations in this sphere belong to Russian scientists in law of the XIX century. As a matter of fact the question of the antique heritage in Russia is mainly studied by the historians. But this question is of great importance for jurisprudence. It defines the degree of the Byzantine law practical importance for the home legislation, the limits of the Byzantine law suitability for Russian conditions, their interactivity with the Russian legislation.
Keywords:
family law, law sources, Byzantine law, ancient Rus legislation, Rome law
Academic life
Reference:
Kononets, A.N.
Concession agreements and their role in the sphere of railway transportation: history and modern time
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51132
Abstract:
This article is devoted to concession agreements and their value in the sphere of railways transportation. The role of concessions grows in the modern world. Mass media more and more stress upon the need to introduce concessions in the sphere of railway transportation. However, Russian history knew concessions, including ones in the sphere of railway transportation in XIX century. Modern stage of reform of transportation calls for analysis of experience of the past.
Keywords:
jurisprudence, concession, railway transportation, Russian Empire, joint-stock company, preference, benefit, Charter, partnership, privilege
Biblion
Reference:
Dubovik, O.L.
Crime and criminal law: current problems and means of their solution with the help of new forms of international cooperation
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51133
Abstract:
The review includes the results of the First Session of the International Forum on Crime and Criminal Law at the Age of Globalization, which took place in October 2009 in Beijing. The author stresses views of a number of states on making fighting trans-national crime and terrorism more efficient. The author also shows specific features of national legislations on criminal responsibility for such acts. Much attention is paid to judicial practice, and efforts to overcome these problems.
Keywords:
jurisprudence, mafia, crime, law, corruption, terrorism, cooperation, extremism, drugs, globalization
Transformation of legal and political systems
Reference:
Seregina, O.I.
Responsible business: self-governance and law in transnational economic transactions, Ed. Olaf Dilling, Martin Heiberg and Gerd Winter. Oxford and Portl
// Law and Politics.
2009. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=51499
Abstract:
This article is a review on the book “Responsible business: self-governance and law in transnational economic transactions” Ed. Olaf Dilling, Martin Heiberg and Gerd Winter. The publication fills the gap, caused by lack of legal studies in the sphere of self-governance of transnational economic events. The authors attentively study the structures, which gave birth to this matter, and the “non-written” laws related to it, taking the “social role” of self-governance in international protection of environment. Much attention is paid to relations between non-written laws of private sector of economics and formal laws of states and international regimes.
Keywords:
jurisprudence, ecology, legislation, between-the-laws, self-governance, globalization, transnational character, business, responsibility, regulation
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