State institutions and legal systems
Reference:
Lesin, A.V.
Problems of development of constitutional
(Ustav) legislation of the constituent subjects of the
Russian Federation and the ways to solve them.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51365
Abstract:
The article includes analysis of the key directions for the formation
of constitutional (Ustav) legislation of the constituent
subjects of the Russian Federation through the prism of principles
and provisions of the quality management standards
(GOST R ISO 9001-2008, 9000 – 2008, ISO 2004 – 2009). The
author offers the means of improvement of quality of such
legislation via so-called “process approach”, which stands
for systematic establishment and management of law-making
processes of the subjects and their interaction.
Keywords:
jurisprudence, legislation, Ustav, subject of the Russian Federation, system, development, ISO, quality, process, improvement.
State institutions and legal systems
Reference:
Zherebtsova, E.E.
On the discussion on place and role
of the decisions of the Constitutional Court of the Russian
Federation within the system of sources of Russian constitutional
law.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51366
Abstract:
The article is devoted to the confl ict of law issue on place and
role of decisions of the Constitutional Court of the Russian
Federation among the sources of constitutional law of the
Russian Federation. The author characterizes conceptual
approaches of various sciences towards this issue, then the
author attempts to view such decisions as constitutional
doctrine, legal act, constitutional judicial precedent, prejudgement,
non-traditional sources of constitutional law,
etc., to single out their positive and negative features.
Keywords:
jurisprudence, Constitutional Court of the Russian Federation, constitutional doctrine, legal act, constitutional judicial precedent, prejudgement, act of normative interpretation, non-traditional sources of constitutional law, constitutional norm control, interpretation.
State institutions and legal systems
Reference:
Makartsev, A.A.
Election documents: some problems
of legal regulation of form and contents.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51367
Abstract:
The article is devoted to a complex set of issues, related to
defi nition, system, form and contents of election documents.
Much attention is paid to specifi c institutions, which establish
the contents of election documents: quality characteristics,
personal data of candidates, etc. Based on election
practice, the author analyzes form and contents of signature
sheets, which are key election documents.
Keywords:
jurisprudence, documents, elections, electors, court, signature, decision, law, right, commission.
Transformation of legal and political systems
Reference:
Shemelin, A.V.
Models of electoral behavior as a result
of implementation of the reformed election law in 1993
– 1999.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51368
Abstract:
Political science studies fail to defi ne election law and its
evolution clearly for the period of 1993-1999, which, in turn,
makes the studies of models of electoral behavior, which were
formed under its infl uence, as well as under the infl uence
of economic, social and demographic factors. This study
is devoted to formation and stabilization of election law
both at the federal and at the regional level at the stage of
democratic transit, as well as to the international election
standards in the condition of formation of political elite in
the multi-partisan sphere. The above-mentioned matters allow
the author to develop the project for political and legal
responsibility of the parties and offi cials for the election
campaigns in order to develop representative democracy.
Keywords:
political science, electoral behavior, election law, electorate, legislation, elections, transformation, Russia, values, party.
Authority and management
Reference:
Vinnitskiy, A.V.
Managing state property at the
modern stage: the issues of doctrine and legislative
regulation.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51369
Abstract:
The article examines the category of «state property management
» from the doctrinal perspective and gives its modern interpretation.
In particular, state property management is treated as
one of the functions of governmental and municipal authorities.
The article analyzes the correlation between state property
management and the proprietary rights and explores material
and procedural aspects of state property management.
Keywords:
jurisprudence, management, state property, public, property, legal rights, owner, state, function.
State security
Reference:
Glotova, E.A.
Foodstuffs security of Russia as a guarantee
of national security.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51370
Abstract:
The foodstuffs security includes the readiness of state to
avoid and liquidate the violations of system of provision of
foodstuffs within the state and its specifi c regions in case of
natural catastrophes and other extraordinary situations. In
order to ensure it, there needs to be an effi cient large-scale
system of renewing and usage of strategic reserves. Stability
of foodstuffs supply and stability of the foodstuffs market
should be guaranteed by operative foodstuffs reserve.
Keywords:
political science, security, national, foodstuffs security, self-supplying, state, concept, foodstuffs, survival, market.
Stabilization systems: fiscal control
Reference:
Moldovanov, M.M.
Legal regulation of the bank account
contract in foreign states.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51371
Abstract:
The article is devoted to specifi c features of legal regulation
of bank account contract, based on analysis of the practice
of such states as the USA, the GB, France, Venezuela, etc.
The author studies the legal nature of banks in developed
Western states, as well as the models of formation of fi nancial
market, types of banks and bank account contracts in
these foreign states, he pays attention to measures, that the
foreign states uptake in order to ensure return of money
from these accounts. The author also offers to introduce
into the Russian legislation some novelties in the sphere
of bank account contracts, which are successfully used in
foreign states.
Keywords:
jurisprudence, bank, account, contract, law, regulation, credit organization, fi nances, contract, insurance.
International relations: interaction systems
Reference:
Shugurov, M.V.
Scientifi c, technological and innovative
activities in the global world: interaction of national
experience and international law.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51372
Abstract:
The article is devoted to the development of legal regulation
of scientifi c, technological and innovative activities within
the context of legal globalization. The author analyzes the
standards of legal regulation of scientifi c and technological
development, as well as the role of international law in
their formation, then establishes the thesis that international
cooperation in this sphere is a factor for the improvement
of national innovation legislation.
Keywords:
jurisprudence, innovation, globalistics, cooperation, science, legislation, law, technology, market, commercialization.
International relations: interaction systems
Reference:
Dobrodeeva, T.M.
Specifi c features of establishing
the contents of applicable law within the framework of
international commercial arbitration.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51373
Abstract:
The author analyzes the topical issue of international private
law, that is establishing the applicable law for international
commercial arbitration. The author compares common law
and continental system of law, views norms and principles,
which an arbitration may apply when establishing applicable
law.
Keywords:
jurisprudence, law, applicable, international, commercial, arbitration, conflict of law, law, foreign, UNIDROIT.
Law and order
Reference:
Berlizov, M.P.
Gaps in law in the sphere of protection
of objects of cultural heritage of the peoples of the
Russian Federation.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51374
Abstract:
The article shows complicated and ambiguous character of
problem of state control (review) under the Federal Law of
December 26, 2008 N 294-FZ “On protection of rights of legal
entities and individual entrepreneurs when implementing
state control (review) and municipal review” in the sphere
of protection of cultural heritage objects.
Keywords:
jurisprudence, state control (review), object of cultural heritage, state control (review), object of cultural heritage, state protection, protection document, planned control event, non-planned control event, Russian Federation, the people of the Russian Federation, Russia
Law and order
Reference:
Prokhorov, V.G., Mayorova, E.I.
Contraband of the
wild nature objects: characteristic features.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51375
Abstract:
The authors of this article analyze specialized qualifying
elements of contraband of wild nature objects, which is
the novel type of crime for Russia. Much attention is paid
to various qualifying characteristics within the activities
of members of an organized criminal group. In order to
make criminal legal norms more effi cient the authors offer
to establish more qualifi ed types of this crime, taking into
account sociological characteristics of contraband of wild
nature objects.
Keywords:
jurisprudence, contraband of wild nature objects, qualifying elements of contraband, customs control, break through the border, use of offi cial position, social danger.
Law and order
Reference:
Mikheeva, S.V.
Some aspects of implementation of
rights of convicts, who are held in special regime penal
settlements.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51376
Abstract:
The article is devoted to specifi c features of holding convicts
in special regime penal settlements, which are studied by
the author taking into account statistical data on such persons.
The author then offers to amend legislation in order
to improve the legal status of the persons, who are held in
such penal settlements.
Keywords:
jurisprudence, convict, prison, regime, status, punishment, penal settlement, status, criminal, service term, freedom.
Human and environment
Reference:
Semenikhina, V.A.
Private self-regulation in the
conditions of globalization: example of environmental
protection in the multinational companies.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51377
Abstract:
The article is devoted to the analysis of role and place of
regulative initiatives of private law sector in the sphere of
environmental protection, based on voluntary obligations
and ecological politics of key concerns of chemical industry
in Germany. It is based on the book by Martin Herberg, which is devoted to correlation and perspectives of development of
coordination among the norms, which are formed by specifi c
enterprises and associations and the offi cial law.
Keywords:
jurisprudence, ecology, audit, obligatory character, voluntary, self-regulation, corporation, multinational concern, chemical production, legitimacy
Human and environment
Reference:
Savostianov, A.G.
Proprietary and obligatory rights of
the users of subsurface within the contract mechanisms
for provisions plots of it for use.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51378
Abstract:
The article includes legal and logical analysis of types of
civil law, as provided to the users of plots of subsurface.
The author separates the rights into property and obligation-
based. Depending on the nature of the right, the author
offers to choose the means of protection of this rights, as well
as necessary correlation of administrative and civil law in
the sphere of use of subsurface.
Keywords:
jurisprudence, use of subsurface, property, obligation, rights, state contract, geologic exploration, concession, SPC, legislative draft.
History of state and law
Reference:
Bezgin,V.G.
Village authority and its personnel from
the point of view of Russian peasants (second half of XIX
century – early XX century).
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51379
Abstract:
Based on large amount of archive source the author analyzes
the attitudes of the village people towards the local
authorities and their representatives. The author shows the
mechanism of the functioning of village meetings, and the
ways decisions were made in these meetings, analyzes how
the peasants perceived the activities of the elected offi cials
in the village.
Keywords:
jurisprudence, law, community, administration, authority, meeting, elder, crime, record clerk.
History of state and law
Reference:
Gorkunova, P.I.
Religious and philosophical tradition
and modern social and political thought of the Russian
Orthodox Church (X – XXI centuries).
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51380
Abstract:
In this decade the role of religious factor is ever-growing
in private life, as well as in public and political sphere in
Russia. According the sociological polls, as held by RPORC
in January 2010, 75% of people in Russia are Orthodox
Christians. That is why not only the common people, but
also the political leaders turn to church in order to persuade
or dissuade the people on certain political and civilizationrelated
choices. Developed social and political thought of
the Russian Orthodox Church, as enshrined in the doctrine
is a necessary factor for the active and unabridged infl uence
of church into life of society.
Keywords:
political science, church, doctrine, concept, social and political, society, state, institution, modern, processes.
History of state and law
Reference:
Kuptsova, K.O.
Evolution of the defi nition of crime of
extortion in Russian criminal law.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51381
Abstract:
The article is devoted to the history of extortion in Russian
criminal law. The author analyzes pre-Revolution and
Soviet periods in formation of defi nition of this crime and
its constituent elements.
Keywords:
jurisprudence, extortion, history, evolution, order, threat, law, elements, responsibility.
History of state and law
Reference:
Amvrosova, O.N., Atayan, G.Y.
The idea of trade law
in Russian law before the Great October Revolution: key
concepts and peculiarities of development.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51382
Abstract:
The article is devoted to the ideological bases of Russian
trade law, its subject, method, structure, its refl ection in
scientifi c disputes. The authors view the pro- and con- positions
for the emancipation of trade law in Russia before
the revolution, they establish general and supplementary
scientifi c problems, as refl ected in the paradigm of trade
law and trade legislation.
Keywords:
jurisprudence, law, trade law, trade custom, trade relations, duality of private law, trade activity, trade, trade legislation, method of trade law.
Legal and political thought
Reference:
Kembaev, Zh.M.
Federal ideas of M.A. Bakinin regarding
uniting the peoples of Europe and the whole
world.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51383
Abstract:
This article is devoted to political and legal views of a
renown Russian thinker M.A. Bakunin towards achievement
of European (and generally human) unity. The
author shows the key stages of Bakunin’s fi ght against
authoritarian rule and abuse of power by the state, then
he makes a conclusion that Bakunin played an important
role in implementation of the ideals of the Great French
Revolution – freedom, equality and fraternity, as well as
to the idea of United States of Europe, which actually came
into life in the second half of XX century as European
Communities, and later the EU.
Keywords:
jurisprudence, law, Bakunin, federalism, history, European, integration, principle, subsidiary, United States of Europe.
Legal and political thought
Reference:
Anisimov, I.I.
On the issue of political and legal views
of A.Y. Vyshinskiy.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51384
Abstract:
As the author points out, A.Y. Vyshinsky is regarded as a
quite an original thinker in the history of political and legal
thought of Russia. He is an apologist of Communist teaching.
However, while his views in some part had nothing in
common with the previous tradition of Russian thinking,
Vyshinsky could not fully free himself from the infl uence
of traditions and ideals of political and legal thought of
Russia.
Keywords:
jurisprudence, Vyshinsky, communism, socialism, politics, tradition, thought, idea, theory, Russia.
Legal and political thought
Reference:
Novikov, O.A.
Civilization choice of Russia and the
idea of theocracy.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51385
Abstract:
The state always needs a certain moral foundation, since
trust of society is key to its existence. Any society is ideocratic
no matter what ideas defi ne its development. The
state may establish the need for its own existence only if the
source, to which it turns, is not related to it. That is why the
idea of theocracy is quite topical, since it allows to connect
the laws of the state with the religious orders.
Keywords:
jurisprudence, law, state, theocracy, Christianity, religion, church, super-value, Russia, civilization.
Jurisprudence
Reference:
Zasypkin, D.Y.
Object of concession agreement.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51386
Abstract:
Concession agreement is a novel matter for the Russian legal
system. Legal scientists actively discuss the category of object
of concession agreement. This article offers the author’s
point of view on this category. The author then provides detailed
characteristics of the object of concession agreement
and its elements. In the author’s point of view the object of
concession agreement is multi-faceted, and it should not
be interpreted narrowly. The author bases his analysis of
normative material and specialized legal literature.
Keywords:
jurisprudence, concession, agreement, contract, object, civil, turnover, property, activity.
Jurisprudence
Reference:
Nistratov, S.G.
Correlation of prosecutor’s review
with judicial and administrative control as guarantees
for ensuring lawfulness.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51387
Abstract:
The article includes analysis of topical problems of correlation
and interaction of prosecutor’s review with judicial and
administrative control as guarantees of ensuring lawfulness.
Analysis of these legal categories is made based both
on scholarly positions and on legislation of the Russian
Federation. The author then comes to a conclusion that
review is only provided to prosecution.
Keywords:
jurisprudence, prosecutor review, review activity, judicial control, administrative control, constitutional control, guarantees of legality, interlocutory order, regime of legality, executive power.
Jurisprudence
Reference:
Boldyrev, S.N.
Procedural form of legal technique.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51388
Abstract:
The author of this article studies the problems of theoretical
and practical character, regarding the correlation of legal technique and legal technology in law, their role and place
in law-making, interpretation of law, and implementation
of law as legal processes. The author then analyzes various
approaches towards this theoretical and legal phenomenon,
as well as the necessity of use of technical legal means and
resources in the process of creation of legal norms.
Keywords:
jurisprudence, process, technique, law, law-making, implementation of law, means, methods, skills.
Academic life
Reference:
Dubovik, O.L.
Topical problems of legal regulation of
turnover of GMO agricultural crops in European law.
Risk analysis and evaluation of environmental infl uence.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51389
Abstract:
Growing genetically modifi ed agricultural crops is one of
the characteristic features of development of modern technologies
in the sphere of agriculture at its modern stage
globally. The goal of legal regulation of turnover of GMO
crops it to minimize the known risks and negative infl uence
on environment and human health. The author provides new
results in the sphere of risks analysis for genetically modifi
ed organisms, as well as the data of large-scale studies
of their infl uence on environment, as provided in theses of
participants of the 2nd International Conference on Problems
of Consequences of Growing GMO Agricultural Crops on
Large Territories.
Keywords:
jurisprudence, risks, evaluation, GMO, turnover, environment, law, stage, analysis, legislation.
Biblion
Reference:
Glotov, S.A.
Review of the monograph by A.V.
Belyakov, Y.A. Lyakisheva, N.V. Prokudina “Problems
of legal regulation of genetic engineering activity”.
Monograph, NOTA BENE, 2010 – 280 p.
// Law and Politics.
2010. ¹ 11.
URL: https://en.nbpublish.com/library_read_article.php?id=51390
Abstract:
The collective monograph of Russian scientists, which was
recently issued by NOTA BENE publishing house, is devoted
to topical issues of legal regulation of genetic engineering
activities. The authors successfully analyze foreign experience
in this sphere, including the EU experience, then
offer possible ways to improve Russian legislation in this
sphere.
Keywords:
jurisprudence, environmental law, state regulation of genetic engineering activity, genetically modifi ed products, genetically modifi ed organisms, protection of human health, the Russian Federation, the EU, legislative process.
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