Theory
Reference:
Hei Bingsong, Pang Donmei
The re-evaluation and reform of the theoretical system of criminal law at the age of globalization
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51214
Abstract:
Entering the new century, the world also enters the new historical era — the era of globalization. Globalization of the criminal law is a part of the general globalization, and it’s an objective reality, a tendency, which yet grows. The reform of the criminal law should reflect the changes and ideas of the new time: global integration, formation of the ideal united global community, the need to use new complex approaches to factual analysis. The greatest goal of implementation of the criminal law at the age of globalization is to ensure human rights both at the national and at the international level.
Keywords:
jurisprudence, criminal law, globalization, rethinking, reform, theory, human rights, cooperation, development, terrorism
Theory
Reference:
Danilenko, D.V.
Adversary character as an universal principle of the judicial process
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51215
Abstract:
The principle of adversary proceedings is key to the organization and technical principles of the procedural law. Unlike other principles, it corresponds with the very nature of the procedural relation, which includes opposite material legal interests, or a dispute. Nevertheless, today adversary character is not recognized as a form of opposition of two parties in the process, but rather as a full-scaled communicative process or a dialogue between the parties and the court. Universality of this principle is due to the fact that the adversary character includes all, or at least, most key participants of the process, which brings the author to the conclusion that the adversary principle should not be limited only to the parties.
Keywords:
jurisprudence, adversary principle, right to legal counsel, civil judicial process, administrative judicial process, dispute, parties, court, specialized process, claim process, judgment by default
Theory
Reference:
Kunitsyn, A.S.
On the eternal truth of Antigone, or once again on law and right
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51216
Abstract:
Based on the analysis of the ideas of the well-known tragedy “Antigone” the author of this article analyzes the views of the representatives of the Russian natural legal thought on one the “eternal” issues of the philosophy of law — correlation of law and right, law and the law.
Keywords:
jurisprudence, Antique times, tragedy, law, natural, positive, correlation, law, violation of law, law and order
Authority and management
Reference:
Sobolev, G.S.
Specific features of the legal regulation of public corporations in the USA
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51217
Abstract:
The article is devoted to the public corporations of the USA. The author analyzes specific features of regulation of these subjects of law under the statute legislation and precedents of the judicial system. Much attention is paid to the influence of the federal structure of the USA on the process of regulation of public corporation.
Keywords:
jurisprudence, Government, public, corporation, USA, statute, law, use, society, regulation
Authority and management
Reference:
Kurakin, A.V., Zvyagin, M.M., Safronov, V.A., Shemetov, M.N.
Customs claims: definition, nature and procedures (Part 2, final)
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51218
Abstract:
The article is devoted to legal, procedural, and organizational bases of procedure on complaints of persons and legal entities in the sphere of customs. The authors offer a concept of law “On claims of physical persons and legal entities”, which would allow to solve the existing problems.
Keywords:
jurisprudence, process, procedure, jurisdiction, legality, responsibility, stage, customs, service
State institutions and legal systems
Reference:
Dagangarov, S.V.
The object of parliamentary investigations in the Russian Federation
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51219
Abstract:
The article is devoted to some problems of legal regulation of the object of the parliamentary investigations in the Russian Federation. Having analyzes the federal and regional legal acts, foreign experience of legal regulation, as well as the object of the activities of the commissions of the Parliament in the sphere of investigation, the author uncovers the shortcomings of the existing model of parliamentary investigations, and provides ideas on improvement of the existing situation.
Keywords:
jurisprudence, parliamentary, Parliament, control, legislative power, investigation, deputies, Commission, subjects, the Russian Federation, foreign experience
Transformation of legal and political systems
Reference:
Gorokhov, D.Y.
On the issue of foreign experience of regulation of the migration processes (taking the Republic of Kazakhstan as an example)
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51220
Abstract:
The article is devoted to the key directions of the migration policy of the Republic of Kazakhstan, the author analyzes the existing approaches to the regulation of the migration processes at the legislative level. Much attention is paid to the legal regulation of repatriation, legal and practical problems of realization of this migration process in Kazakhstan.
Keywords:
jurisprudence, Kazakhstan, legislation, migration, demography, politics, regulation, repatriation, oralmans, experience
Transformation of legal and political systems
Reference:
Goncharov, V.V., Peftiev, I.I.
The institution of alternative civil service abroad: historical experience and perspectives of development
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51221
Abstract:
This article is devoted to the studies of the institution of the alternative civil service abroad. The author analyzes a number of peculiar features of formation and historic development of this institution in a number of European, Asian states, as well as of in USA and CIS. The author analyzes the positive experience of foreign states, which may be used in the Russian Federation, where the alternative civil service was introduced comparatively recently.
Keywords:
jurisprudence, issues, application, belief, faith, right to alternative legal service, foreign experience, military service, executive branch
Transformation of legal and political systems
Reference:
Mikhailov, A.G.
Privatization of the municipal property. Some problem aspects and the ways of their improvement
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51222
Abstract:
The article is devoted to the topical issues of existing legislation on privatization of the municipal property. The author analyzes the existing situation with the formation and application of the prognostic plan of privatization of municipal property. The author also provides ideas on improvements into the existing legislation, which are aimed to make this process more efficient.
Keywords:
jurisprudence, privatization, means, ways, plan, principle, people, law, treasury, property
Law and order
Reference:
Morozov, A.I.
Some issues of qualification of the issues of joint criminal activities of grown-up and underage persons
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51223
Abstract:
This article includes analysis of the common criminal activities of the grown-up and underage persons, when the latter are included into the commission of crimes. The author offers the definition for involvement of the underage persons into the commission of crimes, which may become the basis for excluding contradictions in the legal practice. The author also offers to amend p “d” of the p. 1 of art. 63 of the Criminal Code of the Russian Federation in order to recognized a number of types of influence on the underage persons as an aggravating circumstance.
Keywords:
jurisprudence, underage, criminal, law, joint implementation of crime, instigation, aiding, joint participation, responsibility
Law and order
Reference:
Vershinina, S.I.
On theory of state coersion
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51224
Abstract:
The theoretical construction of state coercion, as presented in this article, shows it as a part of ensuring legality and legal order, which is used by the state against the legally bound subjects. The analysis of state coercion as an independent type of legal coercion is done through such categories, ad grounds for coercion, subjects, functions, system, structure of coercion, as well as structure and content of legal relation, in which the coercion is used.
Keywords:
jurisprudence, legal, state, coercion, prevention, responsibility, theory, legal relation, violation of law
JUDICIAL POWER
Reference:
Streltsova, E.G.
On some specific difficulties of practical application of Art. 28.2 of the Arbitral Procedural Code of the Russian Federation
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51225
Abstract:
The article is devoted to the topical issues, related to the new chapter of the Arbitral Procedural Code — 28.2, where complications arise due to application of the category “joint legal relation”, special rules for bringing claims in favor of rights and interests of a group of persons, rights and obligations of the parties, as well as specialized rights of the initiator of the claim. The author analyzes problems of guarantees of such claims, and possibility to compensate for the harm, caused by the claim brought within this procedure.
Keywords:
jurisprudence, expression of will, legal relation, claimant, representative, court, interest, respondent, protection, group
International relations: interaction systems
Reference:
Ilyina, L.G.
Disposal of confiscated criminal income in international law and European law
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51226
Abstract:
The author analyzes key approaches to disposal of the confiscated criminal income, as used in international and European law. The author then comes to a conclusion that clear and direct requirements on use of such income are absent in the international law, which prevents international cooperation in this sphere. However, the EU is an exception, since there the united rules for sharing the confiscated income among the member states does exist.
Keywords:
jurisprudence, confiscation of criminal income, international cooperation, the principle of locus regit actum, the principle of mutual recognition of decisions on confiscation, agreements on transfer of confiscated criminal proceeds, return of property to
International relations: interaction systems
Reference:
Chernetska, A.A.
Participation of the states in international projects of conduit pipes — a new geopolitical factor for the states
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51227
Abstract:
Due to the forecast of considerable growth of global consumption of energy, domination of gas and liquid hydrocarbons among types of energy, and the limits of the resources of the exporting states, one can see the political tendency in power industry. One of the key aspects of this process, is role of various states in construction of conduit pipes, which is seen as a factor of protection and support of national interests. Currently participation in the oil and gas projects is based not by the economical profit, but rather on geopolitical reasons of the state.
Keywords:
political science, politics, geopolitics, energy, power industry, oil conduit pipe, alliances, dependency, independency, strategy
Human and environment
Reference:
Khannanov, R.A.
Development of the teachings on the events as the basis for the improvement of the Russian legislation
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51228
Abstract:
At the current stage of development of the Russian state ensuring the reasonable balance between nature and people has became a political, social and economic problem. The need to rationally use natural resources presupposes the studies of nature and society within the process of implementation of human activities, including legal regulation of relations, caused by events.
Keywords:
jurisprudence, nature, society, politics, state, law, event, realization of law
Human and environment
Reference:
Stepanenko, V.S.
Legal regulation of international turnover of waste under the legislation of Poland and Czech Republic
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51229
Abstract:
The article is devoted to the nature and specific features of legal regulation of international turnover of waste in two member states of the EU: Poland and Czech Republic. The author establishes the specific features of control of turnover of waste in EU, their incoming and outcoming, as well as criminal responsibility for the violations of rules for the international turnover of waste.
Keywords:
political science, incoming, outcoming, legislation, responsibility, waste, law
Anthropology of law
Reference:
Gulyaikhin, V.N.
Functional meaning of legal supra-consciousness
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51230
Abstract:
The article is devoted to the legal supra-consciousness, which performs an important function in the mechanism of legal creativity of a person. Being the highest instance in the legal understanding, the supra-consciousness is a composition of intra-psychic processes outside the boundaries of the rational legal thinking of a subject. Thanks to these processes, which sublimate psychic energy a person gets new information, which allows him to deal with the challenges of social and legal situation, which he is in. The nature of legal supra-conscious is determination of generation of legal ideas.
Keywords:
jurisprudence, legal cognition, individual, supra-consciousness, subconsciousness, creativity, value, intuition, activity, insight
Anthropology of law
Reference:
Popov, E.A.
Ontology of terrorism
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51231
Abstract:
The article is devoted to the specific features of terrorism through its ontology, with much attention paid to the ties among the state, society, culture and individual, violations of which may lead to the acceptability of terrorism, or inability to adequately retaliate it.
Keywords:
jurisprudence, terrorism, ontology, fighting, legal conscience, culture, individual, lack of harmony, inability to accept, alienation
History of state and law
Reference:
Ponka, V.F.
Provisions on pledge of property in Russian legislation in XIX century
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51232
Abstract:
The article is devoted to the issues related to the legal regime of pledged property under the Ancient Russian law. The author studies the role of credit institutions and banks, as well as mortgage, analyzes the problems of practical application of this institution, as well as the legal tendencies of its evolution.
Keywords:
jurisprudence, mortgage, credit, pledge, debt, credit societies, land banks, State Nobility Land Bank, Peasant Land Bank, immovable property
History of state and law
Reference:
Vereschagin, S.G.
Tax turmoils and revolts in Germany in the middle ages
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51233
Abstract:
The article is devoted to the history of formation of the system of taxation in Germany in the Middle Ages. Much attention is paid to the causes of numerous social and political conflicts in Germany of that time. In the author’ point of view the main causes were the greatness of the tax burden and lack of centralized state with united tax laws.
Keywords:
political science, Germany, Middle Ages, tax, turmoil, revolt, taxation, obligations, regalities, domain
Practical law manual
Reference:
Yarovenko, V.V., Yarovenko, T.V.
Problems of expertise of firearms and cold arms
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51234
Abstract:
The article is devoted to the topical issues of forensic expertise of firearms and cold arms. Based on the analysis of the practice the authors offer solutions for the existing problems.
Keywords:
jurisprudence, arms, expertise, firearms, cold arms, cartridges, method, traumatic, certificate, tubeless arms
Practical law manual
Reference:
Zhuravkov, I.A.
Some criminal procedural and tactical aspects of verbal investigative activities
// Law and Politics.
2010. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51235
Abstract:
The article is devoted to the role and meaning of traditional tactical acts, while holding verbal investigative activities. The author analyzes the formation and development of interrogation, as well as efficiency of the activities of the investigator in the preliminary investigation.
Keywords:
jurisprudence, criminal science, forensics, tactical acts, interrogation, speech, act, investigator, polygraph, investigation, efficiency
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