Theory
Reference:
Zhalinsky, A.E.
Criminal political science: formation and development
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51236
Abstract:
The article is devoted to the basic provisions for the problem of changing the existing system of knowledge of criminal policy into the criminal political science based on theoretical and instrumental approach. The author also studies criminal policy as an object of criminal political science and related sciences, object and system of criminal political science, place of criminal political science within the framework of legal and social sciences.
Keywords:
jurisprudence, political science, crime, criminal law, criminal policy, decriminalization, criminal legal prohibition, power, conflict, criminal science
Theory
Reference:
Zhvalov, K.A.
Theoretical bases for good faith use in American copyright law
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51237
Abstract:
The article is devoted to the analysis of theoretical bases for the American doctrine of good faith use. The author views the leading concepts of good faith use, such as “market mistake theory” and “theory of balance of interests”. The author then comes to the conclusion on disputable character and limited application of these theories, illustrates a number of alternate theories.
Keywords:
jurisprudence, copyright, good faith use, market mistake, transaction costs, balance approach, tragedy of communities, free use, intellectual property rights, USA
State institutions and legal systems
Reference:
Dobrynin, N.M.
Constitutional legal responsibility: nature, specific features and reality of the newest history of the state. Part 1
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51238
Abstract:
The author studies constitutional and legal responsibility, which is one of the key institutions for any state and legal model. Unfortunately, in the Russian Federation there’s no clear and efficient system in this sphere. Existing mechanisms of constitutional and political responsibility are characterized as “false, phantom”, harming the very basis of the constitutional structure of the state. The author analyzes reasons, legal and political nature of this institution, perspectives of its formation and development, taking into account both Russian and foreign experience in this sphere.
Keywords:
jurisprudence, antithesis, citizen, offence, constitution, latent, legitimacy, state, population, negative
State institutions and legal systems
Reference:
Lichichan, O.P.
Legal systems of the constituent subjects of the federation: the experience of constructing the Russian model
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51239
Abstract:
The article is devoted to the problems of bases for the concept of autonomous legal systems of the constituent subjects of the Russian Federation. The author analyzes various theoretical approaches to this issue. Based on the analysis of constitutional legal norms and tendencies of development of regional legislation in late XX and early XXI centuries, the author draws a conclusion on the absence of legal systems of constituent subjects of the Russian Federation. The article includes analysis of the process of transition from the model of independent legal systems of the constituent subjects of the Russian Federation to the understanding of regional legislation as an unified element of the national legal system.
Keywords:
jurisprudence, legal system of the constituent subject of the Russian Federation, regional legal system, regional legislation, transformation of legal system, autonomous legal systems of constituent subjects, system of legislation in the Constitutions (Us
Transformation of legal and political systems
Reference:
Goncharov, V.V., Peftiev, I.I.
On some issues of development of the institution of alternative civil service in the Russian Federation
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51240
Abstract:
This article is devoted to the studies of the institution of alternative civil service in Russia before the Revolution, in the Soviet time and in the time of late Reforms. The article includes analysis of key problems, which preclude development of this institution of this country. The author considers that the existing history of this institution allows it to take a worthy place within the legal system of the Russian Federation.
Keywords:
jurisprudence, issues, use, institution, faith, beliefs, military service, alternative civil service, executive bodies, Russian Federation
Transformation of legal and political systems
Reference:
Pavlovsky, A.I.
International activity in space discovery: retrospective analysis and modern development
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51241
Abstract:
In this article the author uptakes a retrospective analysis of the international activities in the open space. The author then studies issues of the key directions of the peaceful policy in the open space, international legislation on use of open space, key issues, partnerships and global activities on discovery of the cosmic space, perspectives of international activities in this sphere.
Keywords:
political science, cosmic, space, garbage, international, activity, partnership, state, territories, agreement, global
State security
Reference:
Musaelyan, M.F.
Subjective element of terrorist act: interpretation, qualification, improvement
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51242
Abstract:
The author studies the problem of subjective (mental) element of the terrorist act, analyzes the positions of a number of scientists, provides comparative legal studies of this issue in the criminal legislation of a number of the CIS states. Then he offers to amend the provisions on the subjective element of terrorist act in Art. 205 of the Criminal Code of the Russian Federation. Based on a number of examples from the legal practice, the author comes to a conclusion that subjective (mental) element plays an important role in qualification of the terrorist act, separating it from similar crimes.
Keywords:
terrorism, terrorist act, mental element, subjective element, Criminal Code, CIS, legislation, amendment, legislation, scientist
Law and order
Reference:
Ramazanov, T.B.
Specific features of modern electoral corruption
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51243
Abstract:
Electoral corruption is viewed as a type of political corruption. Based on the materials of the Republic of Dagestan the author analyzes its condition, specifies its elements and forms, makes conclusions on improvement of electoral legislation and measures for fighting corruption in this sphere.
Keywords:
jurisprudence, corruption, electorate, election relations, crime, deputy, commission, elections, party, bribe
Law and order
Reference:
Stepanenko, V.S.
Criminal legal responsibility for the violations of legislation on dealing with waste
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51244
Abstract:
The article includes analysis of prerequisites and specific features of criminal legal prohibitions in the sphere of dealing with waste in European and Russian law. The author cites provisions of the Directive of the EU Parliament and Council of 2008 on protection of environment by the criminal law, makes conclusions on topical need to amend Art. 247 of the Criminal Code of the Russian Federation.
Keywords:
jurisprudence, law, ecology, waste, criminal responsibility, Directive, environment, legislation, international cooperation, offence
XXI century International law
Reference:
Ilyina, L.G.
Definition and types of confiscation of property, gained by crime, in international and European law
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51245
Abstract:
In this article the author views confiscation as one of the efficient means of fighting crime, analyzes nature and types of confiscation, practice of particular states on implementation of provisions of international agreements and acts of the EU, related to confiscation of property, which was gained by crime. Considering the difficulties of proving the link between crime and income, the author pays much attention to the possibilities of use of presumption of criminal nature of property, which is due to be confiscated, and use of benefits of confiscations without the charge, taking into account the practice of ECHR.
Keywords:
jurisprudence, confiscation, confiscation of the object of crime, confiscation of income, gained by crime, criminal confiscation, property confiscation, cost confiscation, presumption of criminal origin of property, confiscation without charge
International relations: interaction systems
Reference:
Nikolaev, D.G.
Legal grounds for international legal recognition of independence of the states
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51246
Abstract:
The article is devoted to the topical problems of the global policy, related to the existence of “unrecognized states” and their relations with other states in the world. The article includes analysis of the such states as legal subjects, provisions of international legal documents on rights of nation to self-determination and territorial integrity, characteristics of the states, political and legal bases for legitimacy.
Keywords:
political science, problems, peace, politicians, non-recognized, state, recognition, legitimacy
Public communications
Reference:
Popov, A.E.
Constitutional rhetoric of the XX centuries
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51247
Abstract:
The article is devoted to values and meanings, as expressed in the Russian Constitutions of the XX century. Reconstruction of these meanings is expressed within the framework of constitutional rhetoric, which allow to see the path of conceptualization of the most important categories of systems within various branches of law, and to relate them to the development of cultural and cognitive constructions of the past century.
Keywords:
jurisprudence, Constitution, law, individual, state, rhetoric, values, vitality, legal sense, ontology
Human and state
Reference:
Ryabchikov, R.V.
The problem of electoral activity of the people in Russia and the ways of its solution within the framework of international experience in fighting absenteeism
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51248
Abstract:
The article is devoted to the problem of absenteeism, which retains its topicality in Russia. In the author’s opinion, this problem is directly related to implementation of international election standards on the territory of the Russian Federation, its solution should reflect the international experience related to dealing with low activity of electors.
Keywords:
jurisprudence, international, election, standards, absenteeism, electoral, activity, electors, elections
Anthropology of law
Reference:
Gulyaikhin, V.N.
Normal and altered human legal sense
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51249
Abstract:
The article is devoted to the key states of legal sense, which are necessary for its social and legal development. Normal legal sense is an open, complete and unified form of sense, which determines active and adequate reactions of the subject to the challenges of legal situation. Social and psychological deformation of in altered stages of legal sense may be negative for an individual, but it may also serve his ego, by providing him with a possibility to realize his existential needs in a socially constructive legal form.
Keywords:
jurisprudence, legal sense, individual, person, norm, value, education, changes, destructive, progress
Jurisprudence
Reference:
Kosareva, I.A.
On the issue of invalid marriages
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51250
Abstract:
This article includes an attempt to define the most topical problems of the institution of invalid marriages in the Russian family law, the author offers to amend the legislation in this sphere, namely, to broaden the list of reasons for finding a marriage invalid, introduction of other persons, who have an interest in it, into the list of those, empowered to challenge it, etc.
Keywords:
jurisprudence, marriage, conditions, obstacles to marriage, invalid, disputable, nullity, consequences, sanitation of marriage, nullity of marriage
Jurisprudence
Reference:
Kolesnikova, T.V.
Correlation of elements “organized criminal group” and “criminal society” in criminal law and forensic science
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51251
Abstract:
The author analyzes elements of organized criminal groups, and criminal societies, establishes her position on the value of forensic elements in addition to criminal legal elements. The author attempts to make a transfer from the formal legal analysis of the characteristics of criminal groups to their systemic analysis.
Keywords:
jurisprudence, group, crime, society, investigation, elements, systemic, solid, organized
Jurisprudence
Reference:
Kochev, A.A.
Perspectives of legal regulation of the institution of property trust
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51252
Abstract:
The article includes analysis of conditions for property trust, the author analyzes scientific opinions on nature of this legal institution, emphasizes the conclusion on the need for reception of property trust into the domestic legal system.
Keywords:
jurisprudence, trust, trustee, owner, rights, property, due care, fiduciary, continuity
Practical law manual
Reference:
Nikitina, O.P.
Classic and modern ways of falsification of documents and possibilities to find it out
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51253
Abstract:
Document is one of the key sources of proof in the judicial process, and the documents are often falsified. The key goals of the forensic count are uncovering falsified documents, stopping the criminal activities of the persons using them, establishing the identity of such persons.
Keywords:
jurisprudence, proof, document, forensic science, falsification, fraud, establishing, count, measures, analysis
History of state and law
Reference:
Bikbulatov, I.Z.
Representation as a key principle of municipal government: historical legal aspect
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51254
Abstract:
The principles of organization, used in rural and town municipal government in the past are still valuable nowadays. The article is devoted to the historical and legal analysis of such principles.
Keywords:
jurisprudence, municipal government, right, representation, system, power, state, reform, subjects
History of state and law
Reference:
Bezgin, V.B.
Infanticide and abortion in Russian village (1880-1920s)
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51255
Abstract:
The article includes analysis of infanticide and abortion, attitude of peasants to these crimes, their spread in the Russian village, specific features of judicial decisions on such cases, motivation of such crimes.
Keywords:
jurisprudence, law, criminal law, infanticide, criminal abortion, peasant woman, sin, motives of crime, children born out of wedlock, punishment
History of state and law
Reference:
Nikulin, V.V.
Social, political and legal aspects of corruption at the time of New Economic Policy (1920s)
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51256
Abstract:
The article includes analysis of the experience of fighting corruption in the Soviet Russia in 1920s based on NEP, the author pays attention to legislative and executive actions of the government against it. Much attention is paid to bribery as the most characteristic form of corruption, its various aspects, and specific actions of government.
Keywords:
jurisprudence, corruption, bribery, NEP, law, courts, implementation of law, punishment, listing
Legal and political thought
Reference:
Golovko, Y.M.
Mixed government, rule of law and protection of property: criteria of jural state for John Adams
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51257
Abstract:
The Enlightenment Age, to which the 2nd President of the USA John Adams belonged, attempted to find universal principles for the interaction of civil state and society. The article includes analysis of his writing on “Protection of the Constitutions of the USA” (1786). Where he singled out two types of republic — free and non-free. He recognized a free republic as a jural state, which equally protects the people and their fundamental rights, which is possible in case of supremacy of law and protection of private property. These matters, in turn, require such prerequisites as mixed government, which allows balancing the various interests of social groups.
Keywords:
jurisprudence, Adams, legal, state, civil, society, mixed, government, Republic, property
Discussion forum
Reference:
Ursul, A.D.
Formation of the law of stable development in the period of globalization
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51258
Abstract:
Due to the start of the global transfer of the world community to the stable development the article provides analysis of conceptual and theoretical characteristics of the law of new qualities, which is aimed into the “common stable future”. In its perspective, the law of stable development should be not just another branch of law, but rather a new quality and principle of formation and functioning of the entire system of legal norms. Currently a new sphere of legislation — legislation of stable development is being formed, and together with the international agreements and the “soft law” of the UN it is a stimulating mechanism, which shall reorganize the global legal system in the interests of realization of the strategy of stable future.
Keywords:
jurisprudence, security, secure development, security through stable development, globalization, law of stable development, rule of law, national security, stable development, environmental law
Academic life
Reference:
Dispute on violation of copyright
// Law and Politics.
2010. ¹ 5.
URL: https://en.nbpublish.com/library_read_article.php?id=51259
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