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Nota Bene. Books, journals, publishing technologies.
«Law and Politics» (18+)


№ 7, 2010
Published since
2013 year
Frequency
Monthly
ISSN
2454-0706
ISSN of the printed version of the journal
1811-9018
Registration number
ЭЛ № ФС 77 - 69664
Contents
State institutions and legal systems
Law and order
Authority and management
Transformation of legal and political systems
XXI century International law
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Human and environment
Public communications
Practical law manual
Jurisprudence
History of state and law
Discussion forum
Biblion
Contents details
State institutions and legal systems
Reference:
Tsaliev, A.M. (2010). Topicality of further formation of constitutional (Ustav) courts: unused reserve. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51282
Abstract: This article is devoted to the topicality of constutitional (Ustav) courts in all of the constituent subjects of the Russian Federation. Such topicality is due to the need to ensure the constitutional principle of equality of all under law and in court no matter where they live. Such courts deal with institutional, political and legal issues in the sphere of development of federal relations, namely judicial federalism. The author points out that there is still unused reserve of state bodies, which could be used in order to facilitate the process of formation of the constitutional (Ustav) courts at all the constituent subjects
Keywords: jurisprudence, court, federalism, power, powers, education, subject, body, constitutional, Ustav
State institutions and legal systems
Reference:
Avdeev, D.A. (2010). Model of the republican form of government in Russia. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51283
Abstract: Provision for the republican form of government in the Constitution of the Russian Federation Has become a subject of scientific discussion on what type of republic is our state. The author analyzes various republican forms and attempts to find specific features of various forms of republican form of government, and to single out specific features of the Russian model
Keywords: jurisprudence, state power, President, Constitution, separation of powers, projects, Parliament, powers, Russia, republic
Law and order
Reference:
Puras, M.G. (2010). Specific features of criminal, tax, and administrative responsibility for the violations of tax legislation of the Russian Federation. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51284
Abstract: By comparing criminal, tax, and administrative responsibility for the violations in the sphere of taxation the author compares the possibility of using them, as well as their specific features, which need to be taken into account in order to ensure payment of taxes, levies and fines by organizations
Keywords: administrative responsibility, tax responsibility, criminal responsibility, violation, offence, crime, fine, physical person, legal person, amount of unpaid tax
Authority and management
Reference:
Sobolev, G.S. (2010). Powers of the public corporations in the Great Britain and in the USA in the sphere of public management. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51285
Abstract: Throughout the century in the Great Britain and in the USA the practice of participation of public corporations in the process of public government was being formed. The author singles out specific characteristics of the public corporations of the Great Britain and the USA, views the positive experience of administrative activities of the public corporations Port of London Authorities and Federal Deposit Insurance Corporation. Taking them as an example, the author proves that specific public corporations combine in their activities the functions of a number of state bodies, ensure good quality of work for a long period of time
Keywords: jurisprudence, public, corporation, management, the USA, the Great Britain, law, competence, regulation, review
Authority and management
Reference:
Khannanov, R.A. (2010). Self-regulation of social and economic relations: theoretical bases and relevance for the innovation development in Russia. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51286
Abstract: The problem of ensuring reasonable balance in the relations of nature and humans comes to a new stage of its development — from recognition by scientists to cognition. Scientific projects in the sphere of setting a right balance between state regulation and self-regulation of social and economic relations becomes key to protection of national interests. The author provides for theoretical and practical bases for self-regulation, shows its value for the innovation development of Russia
Keywords: jurisprudence, law, science, economics, politics, law, self-regulation, theory
Transformation of legal and political systems
Reference:
Pang Dongmei (2010). Institute of capital punishment in the People’s Republic of China: current situation and tendencies of development. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51287
Abstract: Capital punishment is recognized in China to be a complicated issue both from the ideological and the political standpoints. In the history of criminal policy of China the concepts of capital punishment, as well as theory and practice of its application are influenced by national tradition and culture. This article is devoted to the current condition and tendencies of development of the institution of capital punishment in the People’s Republic of China in order to provide its more objective and multi-faceted understanding
Keywords: jurisprudence, punishment, violation, judicial decision, execution, crime, keeping, limiting, abolishment, punishment
Transformation of legal and political systems
Reference:
Koroleva-Borsodi, N.V. (2010). 10th anniversary of the modern Union Constitution of the Swiss Confederation of April 18th, 1999 — main amendments and additions. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51288
Abstract: The article is devoted to the analysis of amendments and additions, which were included into the Union Constitution of the Swiss Confederation of April 18, 1999 in late years. The author pays much attention to the procedure of full or in-part amendment and review of the Union Constitution. The author also emphasizes the key factors, which provided for the need to amend or abolish some provisions in order to exclude violations of human rights, or contradictions with the international law
Keywords: jurisprudence, constitution, Switzerland, Confederation, canton, amendment, changes, additions, referendum, initiative
XXI century International law
Reference:
Boym, O.I. (2010). Sources of international law, which apply to the sphere of leasing relations (on an example of aviation leasing). Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51289
Abstract: This article is devoted to the issues, regulating leasing in the sources of international law, especially regarding air vehicle lease). The author studies conclusion of leasing contracts, rights and obligations of the parties, protection of rights of parties. The author also analyzes the sources of international law, which have to do with international payment and accounting in the sphere of leasing. Meanwhile the author comes to a conclusion that there is a large base of universal and regional sources of international law in the sphere of leasing (including aviation leasing)
Keywords: jurisprudence, law, source, leasing, contract, international, aviation, the EU, the CIS, universal
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Zak, A.Y. (2010). Customer rights protection when implementing specialized commercial practice in Russia and in the EU. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51290
Abstract: The article is devoted to the problem of customer protection in the sphere of specialized commercial practices, such as sale of goods and provision of services outside the entrepreneur’s office, distance sale and provision of services. Russian legal regulation in this sphere is quite fragmentary. The author attempts to provide concepts of improvement of the Russian legislation on customer protection based on historical and comparative legal analysis
Keywords: jurisprudence, customer, commerce, distance payment, Internet, information, agreement, directive, return, quality, contract
Human and environment
Reference:
Ursul, A.D., Ilyin, I.V. (2010). Globalization within the context of stable development: political aspect. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51291
Abstract: The article is devoted to the political aspects of globalization through stable development, and much attention is paid to the political element of natural globalization, which walls behind from economic and other elements of this global process. The author analyzes role of state and state government in the implementation of globalization processes through stable development, as well as evolution of the phenomenon of statehood. The author pays attention to ecological globalization, ecological policy, its specific features, principles of evolution towards stable future
Keywords: political science, security, security through stable development, globalization, global contract, global processes, state, politics of stable development, stable development
Public communications
Reference:
Volovich, A.I. (2010). Horizontal relations network as a key characteristic feature of the civil society. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51292
Abstract: The idea of civil societies is very popular these days. However, in spite of the fact that it is rooted in the antique times, the science fails to develop many elements of this idea, including the characteristic features, which allow to establish whether there is civil society in a particular state. This article is devoted to the horizontal relation network as a key element of civil society, as well as the mechanism of its functioning. Also, the author shall establish a number of rights, which facilitate its formation and development
Keywords: jurisprudence, civil, networks, rights, equality, individual, unity, competition, discussion, values
Practical law manual
Reference:
Yarovenko, V.V. (2010). Social danger of specific types of weapon and legal responsibility for it. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51293
Abstract: The article is devoted to the social danger of specific types of weapons (pneumatic, gas, firearms). The author then offers, taking their specific features into account, to abolish criminal responsibility for some types
Keywords: jurisprudence, danger, responsibility, crime, pneumatic, gas, expertise, cold, examination, qualification
Practical law manual
Reference:
Voskanian, I.A. (2010). Theoretical and practical issues of holding judicial expertise within the framework of adversary proceedings. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51294
Abstract: The article is devoted to the topical issues of judicial expertise on the initiative of defense in order to implement the right to defense, including complex and independent expertise. Much attention is paid to issues of “conclusion of expert”, “conclusion of specialist”, assignment of judicial expertise on the initiative of the court
Keywords: jurisprudence, expertise, competitive, parties, protection, expert, complex, independent, specialist, court order
Practical law manual
Reference:
Simonova, K.V. (2010). Legal regulation of cadastral register of multiple-circuit land plots. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51295
Abstract: The article is devoted to analysis of legal regulation of cadastral register of multiple-circuit land plots, history of its development, some problems of theoretical and practical character in this sphere. The author also pays attention to some issues of activities of the constituent subjects of the Russian Federation in this sphere, gives examples of judicial practice. The material is aimed to draw attention to such plots as specific objects of land relations, as well as to the need for balanced and non-contradictory legal regulation of its cadastral register
Keywords: jurisprudence, multiple-circuit, land, plot, unified, land-use, complex, calculation, cadastral, land ownership
Jurisprudence
Reference:
Gorskaya E.V. (2010). Subrogation and regress as different legal matters. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51296
Abstract: The article includes brief comparative analysis of the institutions of subrogation and regress, since, while being differentiated by the legislator, these institutions correlate and arise topical issues among both the courts and the insurance companies. Evaluation of key theoretical and practical problems of application of these institutions allows to cast light on their differences and similarities and to deal with gaps in varying opinions. Much attention is paid to the institution of subrogation, due to its popularity in the sphere of insurance
Keywords: jurisprudence, law, subrogation, regress, insurance, insurer, insurant, regresser, regressant, subrogator, subrogant
Jurisprudence
Reference:
Chernaya, N.V. (2010). Buildings, constructions, non-completed construction objects: problem of correlation and differentiation of terms. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51297
Abstract: Having included into Art. 130 of the Civil Code of the Russian Federation non-completed construction objects are included into the list of objects of immovable property, however, they are not recognized as buildings or constructions. That is why there’s a question related to correlation of these terms and the necessity to include non-completed construction objects as a separate category in the Art. 130 of the CC. The way you answer this question predefines the legal norms you choose, when regulating the legal relations regarding non-completed construction objects
Keywords: jurisprudence, buildings, constructions, definition, correlation, separation, purpose, exploitation, regulation, objects
Jurisprudence
Reference:
Sobolev, D.A. (2010). Correlation of the participation in the shared construction contracts with similar contracts. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51298
Abstract: The author attempts to provide complex study of the issue of correlation of the shared construction contracts with related sale contract, contract for simple partnership, construction contract. Based on this study the author provides some theoretical ideas on the legal nature of the shared construction contracts and correlation of above-mentioned contracts
Keywords: jurisprudence, contract, construction contract, shared, participation, related, construction, analysis, correlation, partnership
Jurisprudence
Reference:
Zhuikova, T.V. (2010). Legal means: definition, characteristic features, types and their difference from the means of legal regulation. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51299
Abstract: The author analyzes the key directions, which are followed by the modern science in the sphere of development of theory of legal means. The author establishes the key approaches of the modern sciences towards the theory of legal means. The author establishes the key approaches to interpretation of this term in legal science, characteristics, types and principles of legal means, separates legal means from the means of legal regulation
Keywords: jurisprudence, means, regulation, mechanism, allowing, obliging, prohibition, establishing, deed, principles
History of state and law
Reference:
Kovaleva, N.V. (2010). Key directions of trade and industrial policy of the Russian Empire in XIX — early XX centuries (legal aspect). Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51300
Abstract: The article is devoted to the trade and industrial policy of the Russian Empire of XIX — early XX centuries, which influenced the forming industrial legislation. The author views key directions of these policy, separating them into key and accompanying ones. The author then mentions the legal drafts in this sphere, which were initiated by the state and facilitated the formation of the Russian economy in the above-mentioned period of time
Keywords: jurisprudence, law, politics, state, economics, industry, legislation, trade and industry, legislation, legal draft, trade and industrial policy, Russian Empire
History of state and law
Reference:
Sodikov, Sh.D. (2010). Some aspects of the institution of diplomatic immunity in the Ancient World and in the Middle Ages. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51301
Abstract: This article is devoted to the formation of the institution of diplomatic immunity in the Ancient World and in the Middle Ages. The author shows the legal nature of diplomatic immunity of these periods, establishes that elements of diplomatic immunity may be found in the practice of ancient and medieval states
Keywords: jurisprudence, institution of diplomatic protection, Ancient World, Middle Ages, foreigner, sources, custom and contracts, diplomatic immunity, ambassador law, institute of consuls, diplomatic immunity
Discussion forum
Reference:
Sultanov, A.R. (2010). Following the European standards in civil court procedure taking “extremist cases” as an example. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51302
Abstract: In this article the author analyzes some problems, related to a new type of cases — on recognizing information materials to be extremist materials. In the author’s point of view one of grave mistakes of the judicial practice is dealing with these cases within the special proceedings framework. This conclusion is based on historical analysis of this procedural institution and requirements of the European standards
Keywords: jurisprudence, special proceedings, civil proceeding, ECHR, European Convention o of Human Rights, appeal, set of persons, freedom of conscience, limitation of rights and freedoms, extremism
Discussion forum
Reference:
Kuznetsova, I.V. (2010). Patent court in Russia. Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51303
Abstract: This article is devoted to the issue of formation of the patent court in Russia. The author shows legal and economical prerequisites for the formation of such a specialized court. The author supposes that formation of such a court may provide additional guarantees of fair trial, ensure comprehensive approach to specific type of disputes, requiring professional help from various spheres of science and machinery. At the same time the author provides for amendments, which need to be introduced into the legislation, as well as for the specific features of the patent court, which are due to specific character of copyright disputes
Keywords: jurisprudence, patent, court, copyright, intellectual property, reform, law, administrative, arbitration, judicial system
Biblion
Reference:
Brezhnev, O.V. (2010). Rights of native minorities as a constitutional value (review of the book by V.A. Kryazhkov “Native minorities of the North in the Russian law”. Moscow.: Norma, 2010, — 560 p.). Law and Politics, 7. https://en.nbpublish.com/library_read_article.php?id=51304
Abstract: In this review on the book by V.A. Kryazhkov “Native minorities of the North in the Russian law” the reader may find the key conclusions of the author, which characterize his input into the legal scientific studies in this sphere. Based on analysis of Russian and foreign practice author of the book analyzes some previously little analyzed aspects of constitutional and legal status of such peoples, the possibilities for their protection.
Keywords: jurisprudence, native, minorities, peoples, national, self-determination, traditional, way of life
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