Question at hand
Reference:
Shugrina, E.S.
Resignation of the head of the municipal unit: problems of legal regulation and practice
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51040
Abstract:
This article includes analysis of the latest amendments into the federal law on municipal government, which provide a new institution of responsibility — resignation of the head of the municipal unit. Author comments upon some norms of the federal law, gives examples of application of law in some regions in Russia.
Keywords: jurisprudence, responsibility of the head of municipal unit, resignation, preliminary cessation of powers of the head of municipal unit, responsibility of elected persons, responsibility in municipal law, municipal legal responsibility, responsibility towards the people, protection of municipal government
Theory
Reference:
Velikoselskaya, I.E.
Correlation of elements and characteristics of component element of the offence
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51041
Abstract:
Article includes analysis of relations between an object and objective element, subject and subjective element as component elements of an offence. Author establishes various types of dependency, gives advise on improvement of existing legislation.
Keywords: jurisprudence, offence, component elements, object, subject, objective elements, subjective elements, relations, elements, signs
Theory
Reference:
Tkachenko, S.V.
Mythology of Russian reception of law: private property law
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51042
Abstract:
This article is devoted to goals of mythology of reception of the Western law in Russia. The author pays much attention to the myth of goodness of private property, provides its critical evaluation in regard to the Russian reality.
Keywords: jurisprudence, law, politics, institution, private property, reception, ideology, myth, idealization, reception
Theory
Reference:
Potapkov, A.A., Levin, Y.V.
Joined responsibility for harm, caused by the source of increased danger
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51043
Abstract:
The problem of resolution of disputes on joined responsibility for the harm, which is caused in relations including the source of increased danger, is rather topical. There’s no legislative definition of such source, and there are disputes in the civil law doctrine (“source-activity”, “source-object”, “theory of moving objects”), and the judicial practice is varied. The author provides analysis of opinions of renowned civil lawyers, analyzes judicial practice, hoping for more scrupulous analysis of the topical issues.
Keywords: jurisprudence, joined responsibility, offence, source, harm, danger, principle, guilt, practice, spouses
State institutions and legal systems
Reference:
Falko, A.V.
Principle of federalism as a constitutional legal system for bringing into accordance national and regional interests
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51044
Abstract:
This article is devoted to principles of Russian federalism. The author pays attention to the problems of brining national and regional interests into accordance, as well as to the directions of development of federalism.
Keywords: jurisprudence, federalism, principles of federalism, theory of federalism, structure of federation, constitutional and legal basis, regional interests, federal structure
State institutions and legal systems
Reference:
Al Marh, M.I.
Constitutional review in the Kingdom of Bahrein
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51045
Abstract:
The article is devoted to the issues, related to the formation and evolution of constitutional review in the Kingdom of Bahrein, from the moment in 2002, when the Constitutional court was formed. The author analyzes the legal status of this specialized judicial body, order of its formation, types of constitutional review and means of its implementation. The author also pays attention to specific features of judicial decisions of this Court, their legal nature and legal force. Much attention is paid to procedural formalities, which are necessary for a claim to be accepted for review, as well as to the issues of improvement of the Court’s activities.
Keywords: jurisprudence, Bahrein, court, legality, power, state, law, Gulf, comparative, analysis
Authority and management
Reference:
Anikina, M.V.
Municipal property and its role in municipal government
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51046
Abstract:
Municipal property is necessary to keep the local municipality independent. That is municipal government can only exist where there’s municipal property and municipal independence. The municipal property is also key to the realization of the social needs of the local people.
Keywords: jurisprudence, law, government, subject, object, property, municipality, people
Authority and management
Reference:
Yakimova, O.E.
Specific features of agreements for enterpreneurial activities in the special economic zones in the Russian Federation
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51047
Abstract:
The Federal Law “On special economic zones” provides for four types of special economic zone: technical introduction zones, entrepreneurial and production zones, tourist and recreation zones, port zones. In order to receive the status of the SEZ resident, one needs the agreement for the requisite activity. The scholars vary on their opinions on definition of such agreement. Agreement for entrepreneurial activity provides for the vertical relations between the residents and the state bodies, which allows to single out specific features of the subject of agreement, stages of its conclusion, order of its cessation.
Keywords: jurisprudence, definition of agreement, types of agreement, object of agreement, stages of conclusion of agreement, form of agreement, term of application of agreement, preliminary cessation of agreement, SEZ resident, cessation of agreement
Authority and management
Reference:
Zuev, P.V.
Power as a political category
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51048
Abstract:
In this article the author reviews power as a political category. At all stages of development of human thought various methodological schools tried to explain the phenomenon of power. The author reviews various directions of it interpretation, behaviourism, theologism, structuralism, etc. The author analyzes social nature of power, its relationship with politics, as well as the historical process of formation of the term “power”.
Keywords: political science, politics, power, behaviorism, structuralism, legitimacy, society, ideology, state
Stabilization systems: government control
Reference:
Zakharov, E.V.
Control and review within the system of state government
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51049
Abstract:
This article is devoted to the issue of contents of legal categories, such as “state control”, “state reviews” their nature and correlation. The article includes analysis of the existing legislation, scientific legal doctrine, as well as the positions of renowned legal scholars on this issue. As a result of this analysis, the author offers a new concept for distinguishing of such categories, taking into account the latest tendencies of the administrative reform, and such a concept should allow for optimization of system of state regulation of economic relations.
Keywords: jurisprudence, control, review, state, law, administrative, reform, government, law, administrative, reform, government, regulation, executive
Stabilization systems: government control
Reference:
Tlupova, A.V.
Principles and means of holding legal monitoring of legislation
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51050
Abstract:
Legal monitoring of legislation is key to bringing the legislative system within the state into the optimal position. There’s an acute need for methodological basis for this institution, since it’s both badly developed theoretically and not duly realized in practice. There’s need to provide legal monitoring of legislation, including such structural elements as principles, methods, ways and means of monitoring. The author evaluates all of these elements, provides a definition.
Keywords: jurisprudence, law, monitoring, legislation, law-making, methodology, methods, principles, application of law, system
Law and order
Reference:
Gliznutsa, S.I., Darovskikh, Y.V.
Types of measures of restraint, which are applied to juvenile accused and suspects
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51051
Abstract:
The article is devoted to the types of means of restraint towards juvenile accused and suspect persons. The author analyzes problems of choice of particular types of restraint, offers to introduce a new type of restraint measure.
Keywords: jurisprudence, criminal, measures, juveniles, suspect, accused, specialized, institution, review
State security
Reference:
Asildarov, A.Ch.
Problems of legal and political fight against terrorism in the Northern Caucasus region
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51052
Abstract:
Complicated character and variety of aspects of modern terrorism in the Northern Caucasus call for the all-inclusive approach to the neutralization of this threat, including legal, political, power-based, economical, educative and other measures. The progress in fighting terrorism is only possible, when all contradictions between legal and political approaches are taken away.
Keywords: jurisprudence, terrorism, law, diversion, bandits, politics, fundamentalism, fighting, Northern Caucasus, extremism
XXI century International law
Reference:
Ibragimov, A.M.
Specific features of norms on guarantees in international sea and river law
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51053
Abstract:
Specific features of international legal guarantees in sea and river law, are due to the fact that they provide for the norms for possible behavior of the states in international marine territories. In order to achieve these guarantees, there are also additional measures, that is, guarantees for cooperation and protection in both national and international law, which are in fact specific measures and conditions for ensuring application of key contractual obligations of these states due to their activities in the World Ocean.
Keywords: jurisprudence, convention, obligations, performance, guarantees, cooperation, protection, contents, rights, interests
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Inshakova, A.O.
Property issues of transnational mergers and acquisitions under the harmonized EU law
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51054
Abstract:
International mergers of the companies of the EU states face a number of legal complications, which are due to the need for similarity and cumulative application of various legislations. This article includes study and analysis of the key provisions, specific features and the value of the 10th Directive, which is aimed to deal with the pluralism in the sphere of legal regulation of transnational mergers, and to destroy the obstacles to the integration tendencies and internationalization of the EU member states.
Keywords: jurisprudence, corporate regulation, multinational corporations, value of harmonized norms on trans-border mergers in EU, economic integration, internationalization and concentration of capital, international mergers and acquisitions as forms of integration, international mergers of the companies of the EU member states, harmonization and coordination of corporate regulation in EU, Directive method of corporate regulation in EU, Directive on trans-border mergers of companies in EU, property interests of the third parties in international mergers in EU
JUDICIAL POWER
Reference:
Nizhankovskaya, N.A.
Evidence in administrative procedure on offences in the sphere of housing construction
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51055
Abstract:
This article includes analysis of key types of evidence, which may be used in procedure on administrative cases in the sphere of housing construction. It should be considered, that not only judges, but also other officials are empowered to deal with such violations, so it is necessary to bring the norms of all the procedural acts into the unanimous character, which would allow to exclude variations in the interpretation of the Administrative Procedural Code of the Russian Federation and the Arbitrazh Procedural Code of the Russian Federation on the issues of evidence.
Keywords: jurisprudence, responsibility, violations, responsibility, obligations, protocol, administrative, housing constructions, evidence objects
JUDICIAL POWER
Reference:
Zherebtsova, E.E.
Social and economic human rights and rights of citizens in the Decisions of the Constitutional Court of the Russian Federation
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51056
Abstract:
The article is devoted to system, nature and legal regulation of the social and economic rights and freedoms of individual and citizen in the Russian Federation. The author analyzes specific features of protection of this group of basic rights and freedoms via constitutional judicial procedure. The author studies practice of the Constitutional Court of the Russian Federation of the late years in order to find more proof for theoretical and legal bases on dealing with claims on violations of social and economic rights and freedoms.
Keywords: jurisprudence, legal status of a person, guarantees of realization of rights and freedoms of a person
Legal and political thought
Reference:
Danilenko, D.V.
Key directions of evolution of modern constitutionalism
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51057
Abstract:
One of the key directions of evolution of constitutionalism is that the key goal of the modern Constitution is provision of guarantees for basic rights and freedoms, rather than “rational” organization of power, as it used to be. This transfer of priorities, as expressed in current priority of the inalienable rights and freedoms in the text of the Constitution, as well as their guarantees, is, in particular, a type of reaction towards the numerous totalitarian regimes of the XX century. Another important direction of evolution of constitutionalism is in recognition of importance of primacy of the Constitution over the other norms of legal order, including legislative norms, as well as recognition of shortcomings of pre-existent guarantees. This evolution is due to the lack of trust to the acts of state bodies, including law, which, as any other source of law may lead to violations of the Constitution.
Keywords: history of legal and political thought, positive law, constitutionalism, modern definition, evolution, separation of powers, rights and freedoms of individual and citizen, legal force of the Constitution, primacy of the Constitution, judicial guarantee of the Constitution
Legal and political thought
Reference:
Kruchinin, S.V.
Political and civilization concepts of D.Andreev and S. Huntington: comparative discource-analysis
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51058
Abstract:
This article is based upon comparative discourse analysis of the views of S. Huntington and D. Andreev. The author studies conceptual approaches to character and tendencies of the state and political relations and modern geopolitical processes from the position of their views of further transformation of human society.
Keywords: political science, D.Andreev, S.Huntington, empire view, globalization, trend, geopolitics, civilization, transformation, super-states
Legal and political thought
Reference:
Filatova, E.V.
Doctrines, based upon the principle of good faith and doctrines, which substitute themselves for this principle in the states of continental and Anglo-Saxon legal systems
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51059
Abstract:
In this article the author analyzes the means of application of the good faith principles, doctrines, which arise of this principle, and doctrines, which substitute themselves for this principle within various legal systems. The article includes analysis and examples of application of such principles in the judicial practice of such states as Germany, England, Australia, and US.
Keywords: jurisprudence, good faith, principle, presumed, unfair, doctrine, Germany, Australia, US, England
History of state and law
Reference:
Bezgin,V.B.
Sex crimes in everyday life of villages in late XIX — early XX centuries
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51060
Abstract:
This article includes analysis of sex crimes in the Russian village of late XIX — early XX centuries. The author views various types of sexual crimes of Russian peasants, motives and popularity of such crimes. The author also establishes the contents of the criminal legislation of the Russian Empire as well as common legal views of the peasants towards such crimes.
Keywords: jurisprudence, peasants, crime, punishment, court, rape, incest, homosexuality, bestiality
History of state and law
Reference:
Gladunets, A.V.
Judicial process in the Northern Caucasus in late XIX — early XX centuries
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51061
Abstract:
By the middle of XIX century the judicial system of the mountain peoples was based on the very same norms, that they had before they were included into Russia. In the second half of the XIX century the judicial system of the Empire was reformed, and the judicial system in this region sorely needed reform. Due to the reform, there were mountain “speaking” courts, which were aimed to gradually prepare the Northern Caucasus to the introduction of the Russian judicial institutions.
Keywords: jurisprudence, judicial system, Northern Caucasus, mountain courts, aul courts, mediation courts, adat, judicial process, reform, mountain peoples
History of state and law
Reference:
Mushegyan, S.V.
Legal subject character of the users of land in the Northern Caucasus and Transcaucausia in XIX and early XX centuries
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51062
Abstract:
This article includes analysis of state regulation of rights and obligations of users of land in the Northern Caucasus and the Transcaucasia due to their introduction into the Russian Empire, their changes.
Keywords: jurisprudence, state, territory, owners of land, users of land, property, rights, obligations, individualization, protection
Discussion forum
Reference:
Isaeva, N.P.
Participation of person, lacking status of the advocate, as a representative on criminal cases
// Law and Politics.
2009. ¹ 9.
URL: https://en.nbpublish.com/library_read_article.php?id=51063
Abstract:
This article is devoted to the issue on the status of persons, who have a right to represent in criminal process. The author analyzes the positions of the legislator and of the Constitutional court of the Russian Federation on limitation of such persons to advocates only. Based on analysis of practice and international legal standards in this sphere, the author establishes the need to include into the criminal procedural legislation the provision for allowing non-advocates to represent in criminal process.
Keywords: jurisprudence, the criminal procedure, Constitution of the Russian Federation, justice, representative, other person, advocate, suspect, accused, the Constitution of the Russian Federation, qualified legal assistance, assistance in criminal cases
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