Theory
Reference:
Bochkarev, S.A.
Property as a guarded value of criminal law.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50930
Abstract:
The article includes analysis of defects of theory of crime as a traditional approach of the criminal law to property. The study establishes the need for understanding property through the category of “legal value”, which allows one to view legal right as a key value in need for criminal law protection.
Keywords: jurisprudence, property, legal value, legal values, property rights, property, object of crime, subject of crime, person, things
Theory
Reference:
Kostenko, A.N.
Social naturalism as a methodological principle of legal globalism.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50931
Abstract:
The article includes formulation of social naturalism as a methodological principle for legal globalism. The author’s hypothesis is that this principle may serve as an instrument for solving globalization problems, which the author brings up in the scientific discussion.
Keywords: jurisprudence, naturalism, principle, globalims, crisis, methodology, illusions, own will, comparison, pseudo-law
Theory
Reference:
Kazhdan, D.I.
Problem of lawful legislation
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50932
Abstract:
The article is devoted to the topical problems of the theory of lawful law within the framework of theory of sources of law, and theory of legal understanding. The author points out the key ways of development of modern legal understanding of category “law”.
Keywords: jurisprudence, law, form, source, contents, correlation, theory, legality
Authority and management
Reference:
Poyarkov, S.Y.
Ideology of legitimacy of Russian state power.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50933
Abstract:
The Constitution as a complete value model of statehood, which establishes the state power, may serve the symbol of legitimacy of state power. Phenomenon of Russian constitutionalism establishes the value model of Russian statehood as an ideological phenomenon. Legitimacy of state power is established through the correlation of activities of the state power and the ideology of Russian constitutionalism.
Keywords: political science, ideology, legitimacy, power, statehood, constitutionalism, value, symbol, Constitution, idea
Authority and management
Reference:
Lenskaya, O.Y., Gusev, A.A.
Modern models, forms and mechanisms of processes of interaction of political subjects in the conditions of state corporativism.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50934
Abstract:
The study of modern models, forms, and mechanisms of processes of interaction of political subjects within the framework of state corporativism is currently possible, only given the detailed analysis of the key parameters of such relations. The key parameter is a political element, as well as norms and legal acts, which allow the state to influence the political subjects and to use market mechanisms for the regulation of national economy.
Keywords: political science, politics, political models, political forms, political mechanisms, interaction, state, political subjects, business, state corporativism
Authority and management
Reference:
Shorokhov, S.V.
Concession as a form of public government.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50935
Abstract:
The article introduces an attempt to view concession as a form of public management, which is alternative to the direct state regulation, and then to view concession agreement as a type of administrative legal contract.
Keywords: jurisprudence, law, state, partnership, administrative, contract, concession provider, concession taker, regulation, property
State institutions and legal systems
Reference:
Istikhovskaya, M.D.
Tendencies of development of federal legislation on organization of activities of the Parliaments of the subjects of the Russian Federation.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50936
Abstract:
The article is devoted to the study of the key provisions of the law “On Basic Principles of Organization of the Legislative (Representative) and Executive Bodies of the State Power of the Subjects of the Russian Federation”. The author attempts to establish the problems of practice of establishing the legal status of legislative (representative) body of the subject of the Russian Federation. The author also formulates the ideas for the amendment of this Law within the system of legislation on organization and activities of the legislative bodies of the subject of the Federation.
Keywords: jurisprudence, law, norms, legislative (representative), body, subject of the Federation, powers, principles of organization, improvement of legislation, law application, region
Transformation of legal and political systems
Reference:
Bekin, A.V.
On the issue of typological peculiarities of the modern Russian state.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50937
Abstract:
This article, based on the analysis of changing economic, social, political legal and other relations in the modern Russian state, the author studies conceptual parameters of the type of modern Russian state. The author also analyzes typological tendencies of the modern Russian state based on modern approaches to its studies.
Keywords: jurisprudence, state, law, Russian, Soviet, social, type, social, capitalist, modernization
Transformation of legal and political systems
Reference:
Demetradze, M.R., Migutdinova, I.M.
Socializing role of human rights in the modern social and cultural policy of Russia.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50938
Abstract:
It’s doubtless, that there’s need to form a modern political culture in Russia, as well as to form the social state. This article pays much attention to the key principles of international law, its socializing role. The authors also offer a possible model for the transformation of the traditional political culture, new type of interaction between the society and the state.
Keywords: jurisprudence, socialization, inculturation, culture, state, politics, society, rights, standards, legislation
Transformation of legal and political systems
Reference:
Mukhitdinov, E.N.
Evolution of the institution of ombudsman.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50939
Abstract:
The article is devoted to the study of evolution of public legal institution of ombudsman from a body aimed to review the activities of the officials into the national human rights protection body, which is aimed to protect human rights not only on the national level, but also on the international level under the norms of international law. The author studies some aspects of activities of the Ombudsman in some foreign states, CIS and Kazakhstan.
Keywords: jurisprudence, ombudsman, protection, rights, freedoms, evolution, institute, mechanism
Transformation of legal and political systems
Reference:
Rzaev, S.M.
Institution of presidency as a key standpoint of the system of state government in Azerbaijan.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50940
Abstract:
The article includes detailed analysis of the role of institution of presidency in the life of modern Azerbaijan, as well as the procedure of presidential election. The author also touches upon the list of powers of the head of the state under the Constitution, his relations with the Parliament and the Cabinet of Ministers, provides detailed information on the Presidential Administration, which plays a role of the key body within the process of establishing the institution of presidency as a key element of the system of state government in Azerbaijan.
Keywords: political science, President, power, Constitution, elections, legislation, impeachment, Election Code, Azerbaijan, powers
State security
Reference:
Tkachenko, S.V.
Reception of law as an information and psychological weapon.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50941
Abstract:
Reception of law in some cases may used as information and psychological weapon. Currently the Russian reforms are based on reception of Western law. However, the scholars seem to ignore the role of the legislative donor – the USA – in these reforms. Evaluation of an ideological component of reception allows to establish new evaluation for goals and purposes of the current reception of the law. Currently, the Russian law includes some ideas, which are dangerous for the Russian civilization as a whole.
Keywords: jurisprudence, law, politics, reception, donor, expansion, mutation, recipient, myth, federalism
Stabilization systems: government control
Reference:
Fokina, N.I.
Legal regulation of public contract for the purchase of grain for state and municipal (public) needs.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50942
Abstract:
This article evaluates the historical aspect of development of state contracts on purchase of grain for public needs. The author analyzes the normative legal acts, which regulate conclusion of such contracts, as well as the opinions of leading specialists. Based on the analysis of practice, the author provides ideas for amendments, which could improve the efficiency of turnover of grain.
Keywords: jurisprudence, law and politics, state, contracts, contract, purchase, sale, grain, contraction, contracts for delivery of agricultural products, agricultural production companies
Stabilization systems: fiscal control
Reference:
Tadevosyan, G.G.
Formation and development of “capital control criterion” when establishing the “nationality of legal person” and its reflection in the modern legislation on foreign investments.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50943
Abstract:
“Criterion for Capital Control” is one of the criteria for the nationality of legal person. It cast considerable influence on both legislation and legal practice in the sphere of foreign investments in XX century. It appeared as a mechanism for control of “enemy legal persons”, and currently it plays double role, on one hand it limits the list of companies of strategical importance, on the other hand it broadens the list of companies on the list of Agreements for Protection and Support of Investments (as it’s formulated in some agreements).
Keywords: jurisprudence, investments, foreign investments, legal person, control, nationality, legislation, personal status, incorporation, investor
International relations: interaction systems
Reference:
Erpyleva, N.Y.
Physical persons as subjects of international labor law and international education law.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50944
Abstract:
In this article the author views the key issues, relating some important aspects of legal status of physical persons in the international private law. Much attention is paid to analysis of material legal norms, which regulate the status of physical persons in the international labor and education relations. The author analyzes various aspects of international labor and international education law, when applied to the status of physical persons.
Keywords: jurisprudence, law, legal subject, citizen, foreigner, labor, education, migrant, person, collision
International relations: interaction systems
Reference:
Shebanova, N.A.
International contracts of the Russian Federation on the issues of partition and use of state property of the former USSR, which is allocated abroad.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50945
Abstract:
International convention is a generally recognized way to regulate international disputes. Is it possible to come to agreement in the sphere of partition and use of foreign property of the former USSR via multilateral conventions among the former USSR republics, which now became foreign states. Was the principle of succession followed, or was it factually continuity. Is the partition of Soviet property over? This article relates to these and other related problems.
Keywords: jurisprudence, law, international contract, foreign property, continuity, succession, CIS, foreign debt, asset, Foreign Economic Bank, “zero option”
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Dubovik, O.L.
New decisions of the European Union in the sphere of fighting ecological crime.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50946
Abstract:
This article includes analysis of contents and goals of international acts and acts of the EU on the issue of ecological crime, including Recommendation of the Convention of October 4, 1998 and the Directives of the European Parliament and Council of November 26, 2008. The author characterizes the experience of scientific basis for the legislative solutions in this sphere, as well as Russian initiatives of the latest years, common goals and means of solving ecological crime problems in Europe and in the Russian Federation.
Keywords: jurisprudence, biological variety, Directive, Convention, responsibility, instigation, crime, criminal law, ecology
Law and order
Reference:
Kuchin, O.S.
On the role of criminal science studies in the sphere of fighting economical crime in the sphere of turnover of precious stones and metals.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50947
Abstract:
Currently the criminological studies fully proved their necessity for guaranteeing the security of the state. Economical security in the sphere of turnover of precious metals and natural precious stones depends on state policy in the sphere of economical crime as a whole. It is important to ensure economic, social, criminal legal and investigative grounds for such policy and to implement it under the current legislation.
Keywords: jurisprudence, precious metals, precious stones, economic crimes, criminal science, fighting crime, security of the state, ensuring security of the state, criminal science study, foreign currency values
Law and order
Reference:
Grave, A.V.
Initiation of the criminal case as the starting stage of the criminal process.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50948
Abstract:
The author evaluates the characteristics of acceptable investigation and other activities at the stage of initiation of a criminal case. It is proven that the stage of initiation of the criminal case is not fully regulated, which leads to various interpretation of the issues of acceptability of certain investigative and other activities. The author establishes procedural problems, which need immediate solution, and offers to make amendments to the Criminal Procedural Code of the Russian Federation.
Keywords: jurisprudence, application of law, investigation, criminal, process, initiation, acceptable, information, check-up
Conflict: tools of stabilization
Reference:
Shumsky, D.I.
Issues of legal regulation of peaceful settlement on cases arising from administrative and other public relations.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50949
Abstract:
The current Arbitration Procedural Code of the Russian Federation directly establishes the possibility for peaceful settlement of cases, which arise out of public relations. However, this norm is a source of numerous scientific disputes and interpretations. The author attempts to establish some issues of acceptability of settlement on such cases.
Keywords: jurisprudence, peaceful, settlement, administration, public, disputes, arbitration, process, judicial procedure, legal relations
Conflict: tools of stabilization
Reference:
Khischenko, A.S.
On the issue of interdisciplinary character of the legal institution of reconciliation measures.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50950
Abstract:
The article is devoted to the topical problem of modern Russian jurisprudence: reconciliation. The author leaves the traditional methodology of this institution within a certain branch of law, and offers analysis from the standpoint of the general theory of law. This approach allows to establish the interdisciplinary relations, general theoretical bases for the functioning of the institution of reconciliation procedures, as well as the terminology.
Keywords: jurisprudence, mediation, reconciliation, arbitration, conflict, institution, law, procedure, peaceful settlement, dispute
Public communications
Reference:
Popov, O.A.
Basic problems of formation of a system of political communications in the federal executive bodies.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50951
Abstract:
This article includes the analysis of problem of efficiency of political communications within the system of federal executive bodies. The current traditional principles of outer communication activities of state bodies fail to meet growing requirements of the consumers of political information, which, in turn, leads to a number of risks, which are analyzed in this article.
Keywords: political science, process, system, efficiency, power, society, consumer, competence, interaction
Human and environment
Reference:
Khannanov, R.A.
Nature, law, legal events.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50952
Abstract:
The problem of finding reasonable balance in the relations between an individual and nature is a new challenge of our time. The nature is a natural basis for the life of the society and, the society humanizes the nature within the process of material production. Interdependence of society and nature leads to objective relations on rational use of natural resources, which in turn call for understanding of objective laws of such interaction, including the legal regulation of such relations.
Keywords: jurisprudence, law, events, nature, society, law, self-regulation, self-development, regulation, Constitution
Human and environment
Reference:
Skifsky, I.S.
Criminological value of cosmo-telluric environment and its role in determination of violent crimes.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50953
Abstract:
The article includes results of criminal science study of the influence on outer factors onto the changes in the level of violent crimes in the modern Russia. Taking into account the role of social element in deviant behavior, the author, using the exact methods of scientific search checks the hypothesis on statistically relevant correlation between solar activity, change of seasons, and the social pathology and aggressive motivation.
Keywords: jurisprudence, crime, violence, aggression, cosmo-telluric, seasonal, factor, explanation, statistics, hypothesis
History of state and law
Reference:
Saidov, A.Kh.
Introduction into the legal source studies.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50954
Abstract:
The review article is devoted to the publication of Casian documents and Khan’s yarliks from the fund of the museum and national reserve “Ichan – Kalya” as well as from a number of private collections The documents published are the key financial source for the studies of Muslim jurisprudence, diplomacy, social, economic and legal terminology of the XVII – early XX century of Khiva’s Khanate.
Keywords: jurisprudence, judge, qadi, letter, vaqf, claim, rent, granted, Khanate, Khiva, yarlik
History of state and law
Reference:
Okhonko, Y.N.
Russian Northern Caucasus in XVIII century: searching for a concept.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50955
Abstract:
This article includes an attempt to solve the terminological complication in the Russian historical and legal science in the sphere of political and geographical terms, characterizing the Southern North Caucasian end of the Russian Empire of XVIII century. Base on analysis of word usage, some publications on the history of this region, as well as some theoretical and legislative sources, the author offers his option for the most correct terms.
Keywords: jurisprudence, Northern Caucasus, Ciscaucasia, terminology, administrative and legal development, state formation, borders, frontiers, Caucasian Province, geography
History of state and law
Reference:
Slezin, A.A.
Anti-religious political court processes in 1920s as a factor of evolution of public conscience.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50956
Abstract:
The article is devoted to the contents of enacted political judicial processes on religion, God, church hierarchs and priests, as well as religious believers, which were widespread in the agitation and propaganda of the Soviet state in 1920s. The author establishes the changes in public conscience under the influence of such court procedures.
Keywords: jurisprudence, Komsomol (CYL), religion, public conscience, believers, application of law, youth
Jurisprudence
Reference:
Kischenkov, A.V.
On the issues of simplified procedure.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50957
Abstract:
In this article the author establishes the nature of simplified procedure in the civil process. The author also studies the points of view of authors, who study simplified procedure, analyzes the characteristic features, which are of importance for the simplified procedure.
Keywords: jurisprudence, procedure, simplified, speedier, shortened, summary, form, private, special, in absentia
Jurisprudence
Reference:
Serkutiev, I.V.
Functional system of legal policy: content and definition.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50958
Abstract:
The article is devoted to analysis of often used term “legal policy of the state” through the prism of “functional system of legal policy”, which includes the legal policy of the state and other elements. This approach allows to view the legal policy of the state not only as a scientific term, but within the context of factors, which influence the state and organized society, its goals, functions and perspectives of development.
Keywords: jurisprudence, legal system, politics, factors, functional, problems, elements, law-making, state
Jurisprudence
Reference:
Shakirova, A.R.
On the issue of criteria for international legal recognition.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50959
Abstract:
In spite of much attention of international legal scholars to the institution of international legal recognition, the criteria for recognition remain the point of many disputes. As for the criteria themselves, there’s a variety of doctrinal opinions on criteria for the subject, which provides recognition. Analysis of legal articles and publications on this issue allows to form some classifications on various bases.
Keywords: jurisprudence, criterion, recognition, international, law, state, government, subject, destinator, efficiency
Jurisprudence
Reference:
Potapkov, A.A.
On the issue of nature of joint liability.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50960
Abstract:
The issues of legal nature of joint liability are still topical, in spite of its ancient Roman roots. This article is devoted to its legal aspects, from the pints of view of legislator, including bases for its formation, cessation, difference between joint liability from fractional and subsidiary ones.
Keywords: jurisprudence, joint liability, creditor, debtor, fractional liability, judicial practice, contract, obligation, amount of requirements
Jurisprudence
Reference:
Tsybulyak, S.I.
Election process: problems of definition.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50961
Abstract:
The article is devoted to the basic views of legal scientists on the “election process” and the shortcomings of the existing definitions. The author singles out the main approaches to the scientific definition of “election process”. The author also establishes the general characteristics of this process as a legal category and their reflection in the election process. That is, the author views election process as one of the forms of legal process (to take the issue broadly). The author also includes his own definition of “election process”.
Keywords: jurisprudence, election, process, elections, democracy, institution, features, nature, law, electorate
Law practice
Reference:
Pilipenko, Y.S.
Problems of legal protection of confidentiality of communications between the advocate and his client.
// Law and Politics.
2009. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=50962
Abstract:
Confidentiality of communications between the advocate and his client is an important part of right of people for qualified legal aid, as enshrined in Art. 48 of the Constitution of the Russian Federation. The violation of confidentiality leads to leakage of professionally important information, which casts negative influence not only on advocacy but on the system of justice as a whole. Since such leakage tends to happen in the process of investigation, the author evaluates the issues of correlation of legal norms on advocacy and investigation. The author points out, that the contradictions may be avoided only if the legislators and the legal practitioners understand the need of the state for self-limitation, which is necessary to guarantee basic rights of citizens and constitutional lawfulness.
Keywords: jurisprudence, law, state, politics, advocate, client, legal relations, information, confidentiality, secret, investigation
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