Theory
Reference:
Charkin, S.A., Anisimov, A.P., Ryzhenkov, A.Y., Chernomorets, A.E.
On the issue of general theory of law and to its protection
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51182
Abstract:
The article is devoted to topical issues of modern theory of land law, related to the modern theory of land law, related to the scientific definitions in land law apparatus, as well as those related to the object of land relations and types of categories of land, correlation of norms of land and civil law. The authors establish a conclusion on the need for development of the new scientific doctrine of land law at the current stage of the land reform.
Keywords:
jurisprudence, plot of land, natural object, natural resource, immovable property, land law, legal land problem, experience of land legislation, soil
Theory
Reference:
Khannanov, R.A.
The teaching of social events as a scientific basis of interaction of nature, society, state and law
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51183
Abstract:
The topical problem of the reasonable balance in the relations between the nature and society is a true challenge of the modern time. The environment is a natural basis for the life and activities of the society, and the society “humanizes” the nature in the process of material production. The co-dependence of the nature and society gives rise to the objective relations on rational use of natural resources, which, in turn, calls for cognition of objective patterns of their relations in the process of human activities, including legal regulation of relations, which arise due to natural and social events.
Keywords:
jurisprudence, nature, society, state, events, self-development, pattern, law, politics, regulation
Law and order
Reference:
Konstantinova, M.A.
The compensation of harm, caused due to special operations of the MIA of the Russian Federation
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51184
Abstract:
The author formulates and establishes a number of problems, which arise in the sphere of compensation of harm, caused due to special MIA operations. One should pay attention to the correlation of norms for compensation under special normative acts. The author considers, that those norms minimize the compensation of harm and contradict the provisions of Art. 1067 of the Civil Code of the Russian Federation. The attention is also paid to the problem of absence of an efficient inner mechanism of legal regulation of execution of judicial decisions on claims to the treasury of the Russian Federation.
Keywords:
jurisprudence, obligations, compensation, harm, special forces, operations, terrorism, compensation, state
Law and order
Reference:
Kurakin, A.V., Zvyagin, M.M., Safronov, V.A.
Customs complaints: definition, nature and procedure
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51185
Abstract:
The article is devoted to legal and organization-related problems of realization of the right to petition in the administrative activities of the customs offices, the author shows the variety of complaints, shows the bases for petitions.
Keywords:
complaint, petition, procedure, process, administrative activity, customs, legislation, law and order, protection, rights
Law and order
Reference:
Korchagin, A.G., Fedotova, N.P.
Criminal policy of Russia towards the encroachments on health (example of responsibility on purposeful causation of serious bodily injury)
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51186
Abstract:
This article is devoted to the problem of criminal responsibility, related to violence, and such problems as decriminalization, and criminalization, penalization, and de-penalization of crimes against human health.
Keywords:
jurisprudence, politics, law, violence, health, harm, crime, punishment, qualification, improvement
Law and order
Reference:
Lyskova, E.I., Zagvayazinskaya, O.A.
Formation of the role of the bodies of prosecution in protection of the constitutional right to petition
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51187
Abstract:
In this article the articles show the history of the formation and development of the prosecution in Russia, its place and role within the system of state bodies, role of the bodies of prosecution in protection of constitutional rights of people, including the right to petition, taking the activities of the Prosecution in the Tyumen oblast as an example.
Keywords:
jurisprudence, law, history, right of people, Prosecution, bodies of Prosecution, right to petition, protection, violation, role of the Prosecution in the protection of rights
Transformation of legal and political systems
Reference:
Muftiev, R.G.
Genesis and evolution of the legal regime of the rural entrepreneurship
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51188
Abstract:
In this article the article pays attention to the issue of formation of legal bases for the entrepreneurial activities in the agricultural sector of economics. Much attention is paid to historical and theoretical aspects of formation of the legislative basis of the agricultural producing complex. The article is meant for the lecturers, scientific researchers, postgraduate students, who study the legal aspects of development of entrepreneurial activity in Russia.
Keywords:
jurisprudence, enterpreneurs, agriculture, enterpreneurial law, development, farmers, activities, production, legislation, legislative basis
Authority and management
Reference:
Trukhachev, V.V.
National interests of Russia: priorities in realization
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51189
Abstract:
The author of this article analyzes the problems of realization of Russian national interests as a dynamic process, evaluates the wide spectrum of alternative programs and doctrines, which are articulated by the leaders of social and political powers, and then comes to a conclusion that the process of realization of national interests in Russia as an integrated expression of vital interests of individuals, society and the state is characterized by contradictory tendencies.
Keywords:
political science, politics, state, society, person, modernization, dynamics, national, priorities, unity
State security
Reference:
Fokin, A.V.
Conceptual changes in the views of the effective rate of the US Navy after the end of the “cold war”
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51190
Abstract:
In the late 20 years the US Navy has undergone a cardinal change, which was caused by the changes in American domestic and foreign policy as a whole. This change was expressed in change in goals of the fleet, as well as its staff. The study of the new reality of the US Navy allows to see how the US sees the future of this foreign policy tool and its possible ways of development.
Keywords:
political science, US Navy, fleet, armed forces, marines, forces, net, wars, projecting
Stabilization systems: fiscal control
Reference:
Dobrynin, I.N.
Legal regulation of functioning of the credit and financial institutions in the conditions of globalization of the world economy
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51191
Abstract:
In this article, based upon the analysis of Russian and foreign experience, the author shows the specific features of the formed banking system of the Russian Federation, including the ideas for improvement of the Russian banking system, as well as state control in the sphere of credits and finances by reforming the existing mechanism of control over the banking system in Russia by separating the control mechanism from the Central Bank of the Russian Federation and formation of the Federal Banking and Financial Control Service, Agency for the Restructuring of Credits, and the Federal Foundation for Insurance of Bank Accounts. Also, attention is paid to the need to improve the institutions of international regulation of credit and finances due to the influence of globalization, and formation of the global financial system.
Keywords:
jurisprudence, banking system, banking systems of the foreign states, legal regulation, central bank, banking review, control, reform of the first level of the banking system, higher competition in the sphere of banking, entering the WTO, international fi
JUDICIAL POWER
Reference:
Ermakova, I.V.
Typical violations of criminal procedural law, related to the jury trial
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51192
Abstract:
This article is devoted to the typical violations of criminal procedure, which arise when the criminal case is heard by the jury trial. The author evaluates the violations on various bases, and gives the practical value for the classification. The author of this article offers some amendments into the criminal procedural law in order to make jury trial more efficient.
Keywords:
jurisprudence, law, violation, right, court, jury, verdict, decision, classification, legislation
Public communications
Reference:
Lyubarev, A.E.
Is the quantity of members of the party an indicator of its social support?
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51193
Abstract:
Since the Federal Law “On Political Parties” provides a necessary criterion for a political party to have 45 000 members and no less than 450 members in each of at least the half of the constituent subjects of the Russian Federation, the author discusses the issue of whether the number of members of the party indicates its social support. The author notes, that the requirements are based by political and not legal arguments, and shows, that provided the proportional election system with “closed” party lists, the political parties, which unite a variety of people and have comparative large number of members fail to represent the will and interests of their electorate. Taking the State Duma elections of 2007 as an example, the author shows that quantity of the parties and their regional divisions have little to do with the support of these parties in the elections.
Keywords:
jurisprudence, parties, elections, registration, representation, regions, number, elections, lists, signatures
XXI century International law
Reference:
Shinkaretskaya, G.G.
Exclusion from the competence of the judicial institutions of the cases, which are within the inner competence of the state
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51194
Abstract:
The article is devoted to the issue of exclusion from the competence of the international judicial bodies of the cases, which have to do with the domestic competence of the state, taking as an example the ICJ and the PCIJ.
Keywords:
jurisprudence, international law, international justice, international court institutions, peaceful settlement of international disputes, ICJ, PCIJ, international disputes, judicial means, judicial hearing
XXI century International law
Reference:
Kolesnikova, O.V.
Insurance of foreign investments from the political risks within the framework of international organizations
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51195
Abstract:
The article includes general characteristics and comparative analysis of the activities of international organizations on insurance of foreign investments from the political risks. Except the activities of the MIGA, the author takes into account the regional organizations, which insure foreign investments, such as, AIECGC and ICIEC, of which little is known in the Russian legal literature.
Keywords:
jurisprudence, insurance, investments, subrogation, guarantees, compensation, risks, expropriation, MIGA, nationalization
International relations: interaction systems
Reference:
Aleksandrov, A.A.
Role of innovative and technological policy in the development of the globalization process
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51196
Abstract:
The author analyzes the national innovative system,which meets the demand of the speedier use of achievements of science and technology for the purpose of realiation of the national priorities of thes state. The author studies the problems of development of innovative system of Russia, offers the ways of faster modernization within the system of the NIS, as well as defines topical spheres of development of innovation system from the positions of cooperation and innovative activities in Russia and Finland. The author also evaluates the perspectives of development in Russian and Finnish information and technological cooperation.
Keywords:
political science, innovation, science, RAD, research, center, study, globalization, science city
International relations: interaction systems
Reference:
Karimova, M.B.
Specific features of the foreign policy of the Republic of Tajikistan in the situation of development of the integration processes of the CIS states
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51197
Abstract:
One of the key goals for the Republic of Tajikistan is to improve the diplomatic relations with the post-Soviet states, first of all with the Russian Federation, within the CIS, EurAsEC, SCO, CSTO. These relations with the Russian Federation were formed on April 9, 1992. On May 25, 1993 there was an Agreement on Friendship, Cooperation and Mutual Assistance. Since then within the integration framework, more than 150 various international, inter-governmental, inter-departmental agreements, regulating cooperation in political, economical, military, humanitarian and other spheres, were signed.
Keywords:
political science, political sphere, Republic of Tajikistan, foreign policy, Russia, CIS, EurAsEC, SCO, CSTO, Central Asia
International relations: interaction systems
Reference:
Stepanova, M.M.
Influence of the international norms of competition on the Russian legislation
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51198
Abstract:
Development of integration processes in the world economics leads deeper and deeper involvement of Russia into the trade and economical relations. The Russian trade market is now the part of the global market. Accordingly, while implementing legal regulation, the Russian legislator should take global experience into consideration. In this article the author analyzes the influence of international norms on competition on the Russian legislation.
Keywords:
jurisprudence, trade market, competition, anti-dumping measures, foreign economic activities, international obligations, company, material harm, processes of globalization and integration, commercial activity
Human and environment
Reference:
Kuznetsova, O.N.
Problems of qualification of criminal pollution of environment
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51199
Abstract:
The article is devoted to the problems of the institution of criminal responsibility for the ecological crimes, including pollution of environment. The topicality of the issue has to do with the low statistical data on the quantity of persons, brought to the criminal responsibility for these actions. This issue is topical due to the annual worsening of the situation in the sphere of ecology in spite of all the efforts of the state to ensure ecological security. In the opinion of the author the Criminal Code of the Russian Federation needs improvement in the sphere of formulation of forms of guilt and dispositions of a number of ecological crimes.
Keywords:
jurisprudence, criminal responsibility, environment, pollution of environment, air, ecological harm, qualification of crimes, subject of crimes, subjective element, criminal intent
Human and environment
Reference:
Gusev, A.A.
Priorities of the ecological position of the EU within the concept of stable development
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51200
Abstract:
From the middle of 1970s, the protection of environment became one of the top priorities in the policy of the EU, both at the state and the Community level. However, in practice, it was limited to command and control functions and some legislative acts. And it’s only since 1990s, when the European Commission offered the EU the new Directive on control functions of the EU in the sphere of natural resources and protection of the environment of the European continent, with much attention to the supranational control.
Keywords:
political science, politics, EU, concept of stable development, environment protection, ecological security, ecological policy, global development, standard of living
Human and environment
Reference:
Semenikhina, V.A., Dubovik, O.L.
Climate protection: modern goals, means and methods of ecological and energetic law
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51201
Abstract:
The article includes analysis of the newest discussion of the issues of legal protection of climate, taking into account the decisions of the Copenhagen Forum (December, 2009). The authors take a look at the theoretical approaches, as well as the practice of realization of use of renewable sources of energy (wind, sun) in EU and FRG. The authors pay attention to the modern concepts of climate protection, as well as to the factors, which prevent their implementation in the developed and developing states.
Keywords:
jurisprudence, atmosphere, geo-engineering, climate, nature, ecology, energy, energy-efficiency, pollution, energy-saving
Legal and political thought
Reference:
Pavroz, A.V.
Pluralism and criteria of the modern democracy
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51202
Abstract:
This article is devoted to the analysis of the influence of the pluralist concepts of politics on the formation of the modern principles of democracy. In this article, the author comes to a conclusion that the theory of political pluralism served as a key conceptual basis for the formation of the normative criteria of the modern democracy.
Keywords:
political science, pluralism, democracy, power, interests, politics, competition, participation, election, poliarchy
Legal and political thought
Reference:
Smirnov, M.M.
Practical problems and specific features of application of structural and functional modeling in the modern political studies
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51203
Abstract:
The article is devoted to the problems and specific features of application of the structural and functional modeling in the modern political studies. The author singles out typical practical problems of political modeling, attention is paid to heuristic possibilities of use of the new methods of the structural and semantic content modeling in the modern political studies.
Keywords:
political science, politics, modeling, theories, content, culture, system, structure, functions, Internet
Jurisprudence
Reference:
Popov, E.A.
Complex approach in the studies of the modern terrorism
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51204
Abstract:
The article actualizes the complex approach in the scientific study of terrorism and its consequences. Much attention is paid not only to bringing known directions of study of this phenomenon into a system, but also to the need to see terrorism as a complex and multi-faceted matter, which should allow to find more efficient means to fight terrorism as an anti-legal phenomenon.
Keywords:
jurisprudence, terrorism, legal understanding, application of law, alienation, counteraction, discourse, complex, multi-level, systematization
Jurisprudence
Reference:
Skvortsova, Y.V.
Theoretical bases for the modernization of the legal system of the Russian Federation
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51205
Abstract:
This article is devoted to the theoretical problems of modernization of the legal system — complicated, multi-partizan and long-term process. The author studies the category of “modernization”, as it reflects the processes, which take place in the legal system of the Russian Federation, gives the definition of modernization of legal system, explores its content, shows the role of legal ideology, as a basis for the modernization processes in the sphere of law.
Keywords:
jurisprudence, modernization, pattern, legal, system, ideology, bases, process, society, formation
History of state and law
Reference:
Islamov, D.V.
Organizational and legal bases of the activities of the law-enforcement bodies of the Southern Urals in the late XVIII — early XIX centuries
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51206
Abstract:
This article is devoted to the problem of re-organization of the police in late XVIII — early XIX centuries, having to do with the growth of the peasant movements in Russia. One of the key steps of the reform was the Police Ustav, which was signed by Catherine the II-nd. The higher power bodies made the decision of forming the chief of police positions in provinces, city provosts in the cities. Accordingly the staff of city police institutions were formed. This reform allowed to support legal order, and to better fight crime in the state.
Keywords:
jurisprudence, law, state, peasantry, war, police, Catherine the 2nd, reform, history, Urals
History of state and law
Reference:
Slezin, A.A.
Regulation of the staff of the Komsomol in the 1920s — 1930s and transformation of social legal attitude
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51207
Abstract:
Showing the multy-faceted character of political control in authoritarian and totalitarian system, specifics of its implementation among the young people, the author pays attention to regulation of the members of the Komsomol, as one of the forms of political control. At the same time, the realities of the regulation of the Komsomol are shown from the point of view of their influence on the transformation of social thinking at the time of transfer towards the forced construction of socialism in the USSR.
Keywords:
jurisprudence, political science, political control, youth, Komsomol, legal thinking, state, regulation, cleanings, collectivization
History of state and law
Reference:
Tyshkovets, N.K.
Analysis of the law-enforcement activities in the sphere of railroad stealing in Russia in early XX century
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51208
Abstract:
Historically, the railroads have been very important in Russia both in passenger and goods transportation. One of the key goals of the state is to ensure safety and security of transportation, to fight stealing. Considering that stealing is the most popular railroad crime, the author analyzes various types of stealing — stealing at the stations, stealing of railroad property, which were committed in early XX century, analyzes the history in its relation to the modernity, tries to formulate useful ideas for the law-enforcement bodies.
Keywords:
jurisprudence, gendarmes, stealing, investigation, investigators, crime, political police, stealing, search, railroad police
History of state and law
Reference:
Shakhmatova, M.A.
Key factors, which facilitated violations of law and order among the militia staff in 1917—1934
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51209
Abstract:
The article is devoted to the key factors, which influenced the violations of law and discipline among the militia in 1917-1934. This problem is topical both for the formation of the Soviet militia and nowadays. Key factors are social and economic, social and psychological, organization and staff-related, and so are the imperfections of the legislation and the shortcomings of political and economical organization of society as a whole.
Keywords:
jurisprudence, deformation, discipline, cadres, violation, lack of efficiency, militia, education, quality, difficulties
History of state and law
Reference:
Snisorenko, P.V.
Historical prerequisites of the formation of the institution of the Central Bank
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51210
Abstract:
This article is devoted to the transformation of the methodology of the monetary regulation from the moment of its formation and till the time, when the first central banks appeared. The author points out the relations between the evolution of forms ofmoney, formation of monetary turnover, development of the banking system, formation of the methodology of the monetary regulation. The author also points out some peculiarities of functioning of the first central banks.
Keywords:
political science, monetary system, monetary emission, banking system, central banks, monetary regulation, financial regulation, historical prerequisites, political prerequisites, monetary policy
History of state and law
Reference:
Vereschagin, S.G.
Tax policy in France before the Great French Revolution of 1789
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51211
Abstract:
This article is devoted to the key reasons for the Great French Revolution, which were the great deficit of the state budget and tax inequality of the social classes of the French society.
Keywords:
political science, tax, Revolution, budget, assignate, requisition, unequality, finances, immunity, debt
Biblion
Reference:
Barysheva, K.A.
Why should there be a punishment (review of the book by W. Hassemer, Berlin, Ullstein Buchverlage gmbh, 2009 — 365 p.)
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51212
Abstract:
The review is devoted to the monograph of the well-known German legal scholar — W. Hassemer. The book is devoted to the novel opinions of the author on punishment in the modern society, key problems, related to application of punishment.
Keywords:
jurisprudence, law, review, punishment, Hassemer, criminal law, Germany, crime, fault, regulator
Academic life
Reference:
Grafsky, V.G., Lapteva L.E., Varlamova, N.V., Pakhalov, M.Y.
The 4th Phylosophical and Legal Readings devoted to the memory of the Academician V.S. Nerseyants
// Law and Politics.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51213
Abstract:
Information on theses of the 4th Philosophical and Legal Readings devoted to the memory of the Academician V.S. Nerseyants/ The participants analyzed constitutionalism in the variety of its aspects. The authors talk of both general philosophical bases of constitutionalism, and some of their elements in practice and political and philosophical thought.
Keywords:
jurisprudence, constitutionalism, state, philosophy, history, power, culture, individual, teaching, conference