Theory
Reference:
Danilenko, D.V.
Influence of material law on the type (method) of process.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50965
Abstract:
Material law, which is implemented within the framework of a process of a certain type, influences the latter. This influence has to do with the spread of rights and obligations of parties and the court, that is, it influences the very type of process. Permissive character of the private law process, and the inquisitive character of public law process take their root in the material law.
Keywords: material law — private law, private law process, public law process, permissive — inquisitive, subjective law — objective law, private law- public law, criminal process, civil law, arbitration process, constitutional process, administrative law
Authority and management
Reference:
Korablev, D.P.
Legal and practical problems of realization of the certain state powers by the municipal bodies.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50966
Abstract:
This article is devoted to examples of delegation of certain state powers to municipal bodies, which fail to meet the requirements of federal legislation. The author studies key problems of realization of such delegation, and he analyzes the character of the delegated powers in correlation to the realistic possibilities of their implementation at the municipal level, with no harm to the local issues.
Keywords: jurisprudence, municipal bodies, municipal government bodies, local powers, normative legal acts, delegation of powers, sub-delegation, financial support, subjects of the Russian Federation, judicial practice, state powers
Authority and management
Reference:
Poyarkov, S.Y.
Principle of separation of powers within the ideology of Russian constitutionalism.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50967
Abstract:
The article is devoted to the principles of the separation of powers within the context of ideology of Russian Constitutionalism. From this standpoint, such ideology defines specific status of the President of the Russian Federation as a key ideological institution, system of state institutions, implementing the ideological policy of the state, functional dynamics of the ideological institutions as subjects of coordination and integration of activities within the framework of unified ideological area.
Keywords: political science, power, separation, ideology, constitutionalism, President, Constitution, institution, statehood, value
Transformation of legal and political systems
Reference:
Tkachenko, S.V.
Reception of law: the problem of “soil”.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50968
Abstract:
This article is devoted to the problem of acceptance by the “soil” of the borrowed legal institutions in the process of legal reception. The evaluation of specific features of local people’s thinking and its inclusion into the legal reforms have certain positive effect. However, the Russian science has certain problems, which do not allow the scientists to do so. Lack of objective analysis leads to mistakes in prediction of behavior of people at the time of legal reception.
Keywords: jurisprudence, law, politics, ideology, soil, thinking, East, civilization, evaluation, ignorance
Transformation of legal and political systems
Reference:
Loginov, P.P.
The states of Central and Eastern Europe: transformation through borrowing
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50969
Abstract:
The end of XX century is characterized by the large-scale social, political and economic transformations, which took place at the global, regional and national levels. Special attention should be paid to the transformation processes at the post-communist states. Study of these processes in these states is quite interesting due to the clarity of transfer to market and democracy by borrowing Western European institutions.
Keywords: political science, Eastern European states, EU, transformation, globalization, politics, economics, institution, institutionality, transfer
State security
Reference:
Gorlushkin, A.N.
Correlation of the terms “confidentiality” and “state secret”
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50970
Abstract:
In spite of completeness and detailed character of relations between the subjects of the institution of state secret, correlation of the terms “confidentiality” and “state secret” is still not clear enough. The reason for it is lack of legal regulation of the term “confidentiality”. In spite of its topicality and applicability, there’s still a problem. The author argues the need for recognition of state secret as a type of confidential information.
Keywords: jurisprudence, state secret, confidentiality, information, secrecy, level, regime, access, code, defense capability
Stabilization systems: government control
Reference:
Starova, E.V.
Legal regime of enterprise lands and the legal regime of production zone within the lands of inhabited locality.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50971
Abstract:
The article analyzes similarities and differences between the legal regimes of production zones within the inhabited localities and enterprise lands. They are somewhat similar due to specific features of enterprise objects and rules for use of land. At the same time, the production zones are influenced by general rules of use of lands of inhabited localities, which accounts for the differences in question, as well as to approaches and goals of the legal regimes, limitations of the size of land plots.
Keywords: jurisprudence, land, zoning, production, border, entrepreneur, regime, category, size
Law and order
Reference:
Morozov, A.I.
Normative bases for criminal legal policy for the protection of minors from the encroachments on their normal development.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50972
Abstract:
Review: the article includes analysis of the system of criminal legal norms, which are aimed to protect the minors from criminal encroachment. The author classifies them, establish some systemic problems, analyzes object and contents of Chapter 20 of the Criminal Code of the Russian Federation, and makes offers to amend and improve these provisions.
Keywords: jurisprudence, crime, minors, politics, encroachment, children, protection, system, law
Law and order
Reference:
Pritulin, R.V.
Formation of Russian criminal legislation on responsibility for intellectual property violations.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50973
Abstract:
This publication casts light upon the early stage of formation of the Russian criminal legislation on protection of intellectual property from criminal encroachment. This publication includes analysis of the acts of the Russian Empire, which established criminal responsibility for the intellectual property violations, as well as the views of a number of scientists on some novelties in this sphere.
Keywords: jurisprudence, Manifest of 1812, Statute on the Authors of 1928, Criminal Statute of 1845, Criminal Statute of 1903
JUDICIAL POWER
Reference:
Maslyaev, A.M.
On judicial districts and the order of assignment of justices of peace in the Samara oblast.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50974
Abstract:
This article is devoted to novelties in the organization of activities of the justices of peace in Samara oblast. The author describes the new structure of the judicial districts, justices of peace, the order of their appointment. The author also provides ideas on improvement of existing legislation in order to make the activities of the justices of peace in Samara oblast.
Keywords: jurisprudence, court, judge, candidate, exam, position, workload, assignment, board, working experience
International relations: interaction systems
Reference:
Lopatina, D.A.
Securitization as an instrument of financing in the international turnover: private law aspects.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50975
Abstract:
This article provides general overview on securitization as a modern instrument of financing in the international turnover. The author establishes its economical and legal nature, analyzes the history of formation of the institution, analyzes its key types, and the advantages, that it gives. The author also touches upon the problem of legal regulation of securitization, modern stage of Russian legislation in this sphere.
Keywords: jurisprudence, securitization, originator, SPV, servicer, investor, guarantees, emission, regulation, bankruptcy
Conflict: tools of stabilization
Reference:
Yarovoy, A.I.
On the issue on broader social responsibility of the Russian business.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50976
Abstract:
Currently, when the legislation lacks effort in making business socially oriented, the Russian enterprises choose broad or narrow interpretations of corporate social responsibility. It’s easier to follow the narrow interpretation, but it contradicts the interests of the NGOs, trade unions and other structures. The author comes to a conclusion on the importance of following the broad interpretation of the responsibility by all the participants of the social and political relations, and describes the historical and modern prerequisites.
Keywords: political science, responsibility, development, business, state, society, charity, USSR, responsibility
Human and state
Reference:
Fetisova, O.V.
Types and forms of guardianship (curatorship)
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50977
Abstract:
Guardianship (curatorship) is an important social and legal institution. Its sphere of regulation did not change for many years, however, the new Federal Law of the Russian Federation “On Guardianship and Curatorship”, which came into force on September 1, 2008, allowed to develop the theory of classification of types and forms of guardianship (curatorship). This, in turn, allows us to understand inner and outer components of legal relations on guardianship and curatorship.
Keywords: jurisprudence, guardianship, curatorship, classification co-guardianship, remuneration, contract, patronage, family, foster care
Human and state
Reference:
Vlasova, O.V.
Establishment of human dignity: key priority of legal interaction of power and non-governmental organizations.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50978
Abstract:
The article includes analysis of the issues of interaction of the NGOs and the state power in the sphere of establishing the human dignity, the author studies the specific features of their cooperation in the sphere of human rights protection. The author also establishes the need for union of such social structures and state bodies, in order to duly establish the human dignity in the modern Russia.
Keywords: jurisprudence, dignity, unions, protection, cooperation, state, person, individual, respect
Public communications
Reference:
Lisova, S.Y.
Political rhetoric: linguistic patterns.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50979
Abstract:
The article is devoted to the problems of conceptual character of language in the political sphere. The author provides the results of an empiric study on use of linguistic apparatus in political speeches for the purpose of influence on cognitive and emotional activities of a mind. The author points out the determination of political language by the social factors (use of evaluative language), studies particular forms and tactics of verbal influence of a politician, as well as the reaction of the audience.
Keywords: political science, symbol, text, referent, speech, tactfulness, nominalization, metaphor, coding, rhetoric
Jurisprudence
Reference:
Dobrynin, I.N.
On the legal nature of mechanism of managing national bank system in the conditions of globalization
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50980
Abstract:
The article establishes the problem of legal nature of mechanism of management of the national bank system of the state in the framework of globalization. The author studies the key groups of factors, which influence the development of national banking systems from the point of view of greater and greater introduction of internationally accepted legal standards for economic regulation into the national legal systems. The author then comes to a conclusion that the functioning of the national banking system of the state is directly related to realization of the key principles of economic freedom and social justice, implementation of human rights and freedoms. The author establishes the role of the Basic Law of the state and constitutional legal norms as instruments of harmonization of the approaches to regulation of banking, which go beyond the national level, and studies the national legal traditions in this sphere. At the end, the author establishes the opinion on the mechanism of management of the national banking system in the conditions of globalization.
Keywords: banking system, legal nature, mechanism of management, constitutional economics, globalization, economical sovereignty, social justice, international cooperation, banking activity, currency and financial regulation
Jurisprudence
Reference:
Alekseev, S.V.
Problems of qualification of activities of the accomplice, as a participant of a group crime.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50981
Abstract:
The article is devoted to topical scientific issues of qualification of accomplice activities. The author provides his view on role of accomplice in the group crimes with a special subject.
Keywords: jurisprudence, group, complicity, subject, violence, organizer, accomplice, stage, group, prompter
Jurisprudence
Reference:
Potapkov, A.A.
On the issue of history of development of institution of joint responsibility.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50982
Abstract:
The article is devoted to the key moments of development of the institution of the joint responsibility from the Roman law to the current Civil Code of the Russian Federation. The author studies both the Soviet and the Roman doctrines. Much attention is paid to the joint responsibility and classic responsibility issues, including so-called “correrial” obligations.
Keywords: jurisprudence, joint responsibility, correrial obligations, responsibility, Soviet doctrine, legislation, creditor, debtor, obligation, deal
History of state and law
Reference:
Gladunets, A.V.
Legal regulation of family and marriage relations of the mountaineers of the Northern Caucasus in the 2nd half of theXIX century.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50983
Abstract:
In the process of introduction of the Northern Caucasus into the Russian Empire, the issue of legal regulation of marriage relations of the mountaineers and mixed marriages arose. This article is devoted to the reforms, which the Tsar’s administration implemented in the Northern Caucasus in the sphere of marriage and family. The author studies the procedure of marriage of the Muslims, limitations to their marriages, the conditions for validity of the marriage, and also such important Sheriat law institutions as stealing of brides, and bride-price (kalym).
Keywords: jurisprudence, Northern Caucasus, family and marriage relations, Muslims, mixed marriages, marriage age, bride-price, kalym, Empire law, bride-theft, Sheriat
Practical law manual
Reference:
Lukyanenko, M.F.
“Good faith”: law and practice of its application (part 1).
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50984
Abstract:
In civil law the term “good faith” is used as a characteristic feature of the subject of legal relation or his behavior, however, since it is an evaluation criterion, it does not include specific elements. The author, based on the analysis of legal literature and judicial practice, attempts to establish the criteria of good faith in real and obligatory relations.
Keywords: jurisprudence, vindication, processing, usucaption, simple lack of care, subjective criterion, “good faith”, lack of authorization, getter
Practical law manual
Reference:
Zherebtsov, A.N.
Specific features of dealing with administrative offences, encroaching on legal relations in the sphere of migration.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50985
Abstract:
The publication includes analysis of the specific features of procedure on cases on migration rules violations. The author pays attention to the stages of administrative offence cases in this sphere, analyzes the practice, its problems, and ways to improve its normative legal regulation.
Keywords: jurisprudence, state government, punishment, administrative offence, administrative deportation, administrative penalty, jurisdiction body, resolution
Biblion
Reference:
Skifsky, I.S.
Mathematic modeling in criminal science: widening the scope of its application. Review on the teaching material by Professor Olkov “Analytic Criminal Science” Course of Lectures, 2nd Ed. — Kazan, Poznanie.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50986
Abstract:
This is a review on a new book by Professor S.G. Olkov “Analytic Criminal Science”.
Keywords: jurisprudence, analytic criminal science, mathematical modeling, criminal science studies, teaching manual, explanations for criminality, prediction of criminality, model of behavior, methods of study
Biblion
Reference:
Shermukhamedov, S.
A new view on philosophical and legal teachings of Immanuil Kant.
// Law and Politics.
2009. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=50987
Abstract:
This article is a review of the key moments of philosophical and legal heritage of the founder of the classic German philosophy I.Kant. The author establishes such issues as moral nature of a person, categorical imperative as a basis for the philosophy of morals, philosophy of law, theory of state and law, social philosophy, condition and factor for the harmony of an individual, nature and society, international and inter-state relations and the eternal world.
Keywords: jurisprudence, I.Kant, inter-state relations, individual, freedom, categorical imperative, morals, philosophy of law, social philosophy, eternal world
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