Contents

Theory
Lukovskaya, D.I., Soloviev, A.A. — Legal system: activity-and-integration approach.	P. 1612 - 1618

Avdeev, D.A. — Democracy as a basis for the republican form of government.	P. 1619 - 1626
State institutions and legal systems
Lyubarev, A.E. — Systemic interactions of key parameters of the proportionate election system.	P. 1627 - 1638
Authority and management
Zuev, A.V. — Political problems of the relations between the state and business in Russia within the context of social and economic development programs.	P. 1639 - 1643

Satyukov, A.A. — Placement of state and municipal contract by open auction in an electronic form.	P. 1644 - 1652
Transformation of legal and political systems
Balabkin, S.I. — On reform of the internal affairs bodies: current situation.	P. 1653 - 1665

Nimaeva, B.B. — Peculiarities of development of the Aginsky Buryat District as a territory with a special status in the Zabaikalsky region.	P. 1666 - 1673
State security
Ramazanov, R.U. — Anti-corruption expertise of normative legal acts and drafts as effi cient means of fi ghting corruption.	P. 1674 - 1678
Law and order
Peyzak, R.I. — Specifi c features of relief of criminal responsibility in the legislations of the states belonging to the continental legal system.	P. 1679 - 1683

Pleshkov, M.A. — Protection of land relations in the sphere of turnover of land plots as objects of immovable property in criminal law.	P. 1684 - 1692
JUDICIAL POWER
Lyashkov, S.V. — Judicial precedent in the civil process in Russia: forms of expression, legal nature and juridical character.	P. 1693 - 1700
Stabilization systems: fiscal control
Antonov, I.P. — Legal and institutional bases of the banking system of the Federal Republic of Germany.	P. 1701 - 1707

Zheleznyakov, A.E. — Some legal forms of activities of the Bank of Russia in the sphere of guarantees of public interests in the banking sphere.	P. 1708 - 1712
Legal and political thought
Kembaev, Zh.M. — Legal aspects of evolution of the idea of united Europe.	P. 1713 - 1732
History of state and law
Sokhan, A.V. — Legal regulation of lotteries in the RSFSR.	P. 1733 - 1739

Mikhailov, M.V. — Legal bases of the Soviet state policy in the sphere of education.	P. 1740 - 1745

Filyushina, A.S. — Getting the old industrial Pittsburgh out of crisis: political and legal aspects.	P. 1746 - 1753

Peizak, A.V. — Reorganization of state management as a basis for the formation of the service state in Russia in late XV century.	P. 1754 - 1758

Solomonova, S.A. — Infl uence of the Great French Revolution and the July Revolution of 1830 in France on the constitutional development of Switzerland.	P. 1759 - 1770

Morozova, A.S. — The right of state property of mineral resources as a category of constitutional law.	P. 1771 - 1778

Contents details

Theory

Reference:

Lukovskaya, D.I., Soloviev, A.A. Legal system: activity-and-integration approach. // Law and Politics. 2011. № 10. P. 1612-1618. URL: https://en.nbpublish.com/library_read_article.php?id=51605

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Abstract: The fi rst part of this article is devoted to the brief analysis of the most topical problems of the modern Russian and international policy in the sphere of resolution and avoidance of social confl icts by legal means, which in turn show the need for a complex and systemic approach to the evaluation of legal matters. At a theoretical level this approach is implemented by the authors by formation of the activity-and-integration understanding of the legal system, which is not equal to law, but includes it as one of the elements, among the subjects of law, their activities, their comprehension of legal situation, etc. This interpretation is compared to the other views on this issue in the Russian legal science. In the fi nal part of the article the authors analyze the practice of the Constitutional Court of the Russian Federation of the Russian Arbitration Courts in order to prove topicality and value of the activity-and-integration approach to the legal system for the modern Russian reality.

Keywords: jurisprudence, legal system, integration approach, activity approach, social confl ict, types of understanding the law, legal activity, application of an unconstitutional act, law and economics, activities of the Constitutional Court of the Russian Federation.

Theory

Reference:

Avdeev, D.A. Democracy as a basis for the republican form of government. // Law and Politics. 2011. № 10. P. 1619-1626. URL: https://en.nbpublish.com/library_read_article.php?id=51606

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Abstract: The article is devoted to the nature of democracy, its characteristic features, types, qualities. It also includes analysis of various approaches to understanding democracy, its necessity for the modern world, as well as of peculiarities of understanding of democratic political regime in Russia. The author then views the correlation between the democratic political regime and the republican form of government, and wonders about the future of democracy in the Russian Federation.

Keywords: jurisprudence, democracy, political regime, bodies of public government, people, elections, election system, the Republican form of government, republic, monarchy, democracy as a form.

State institutions and legal systems

Reference:

Lyubarev, A.E. Systemic interactions of key parameters of the proportionate election system. // Law and Politics. 2011. № 10. P. 1627-1638. URL: https://en.nbpublish.com/library_read_article.php?id=51607

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Abstract: The author discusses the systemic correlation of the parameters of the proportionate election system, such as the size of election district, threshold, method of dividing mandates among the lists of candidates. The author then shows how these parameters in their combinations infl uence the threshold, that is the amount of votes, having which the list of candidates can guarantee having at least one mandate. Based on legal and political analysis of consequences of application of threshold the author comes to a conclusion that one can consider reasonable only the threshold of no higher than 5%, but it is even more reasonable to apply the threshold of 3 or 4%. Such a threshold is a reasonable compromise between the ability of the parliament to do its work and representation. The author then offers legislative solutions, which can guarantee that a list of candidates, which gets more than 5% of votes shall get at least one mandate.

Keywords: jurisprudence, elections, proportionate election system, threshold, provision of mandates, list of candidates, election district, election rights, parliament, fractions.

Authority and management

Reference:

Zuev, A.V. Political problems of the relations between the state and business in Russia within the context of social and economic development programs. // Law and Politics. 2011. № 10. P. 1639-1643. URL: https://en.nbpublish.com/library_read_article.php?id=51608

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Abstract: In order to analyze the political mechanisms of the relations between the state and business it is the most effi cient to use systemic approach, within which a political system is seen as a combination of political processes, and control over political processes is key to the relations between businesses and the state. Currently the relations between the businesses and the state can be characterized by domination of the state over businesses. It should be noted that now role of state is growing, while business failed to play considerable role in their relations.

Keywords: political science, state, Russian Federation, power, development, business, management, business structure, innovation, integration.

Authority and management

Reference:

Satyukov, A.A. Placement of state and municipal contract by open auction in an electronic form. // Law and Politics. 2011. № 10. P. 1644-1652. URL: https://en.nbpublish.com/library_read_article.php?id=51609

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Abstract: This article includes analysis of the contents of the procedure of placement of state and municipal contract by electronic auction. The author analyzes some problems, which are related to regulation of this procedure, as applied to various types of sale of goods and provision of services.

Keywords: jurisprudence, state, municipality, order, auction, form, regulation, procedure, goods, work.

Transformation of legal and political systems

Reference:

Balabkin, S.I. On reform of the internal affairs bodies: current situation. // Law and Politics. 2011. № 10. P. 1653-1665. URL: https://en.nbpublish.com/library_read_article.php?id=51610

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Abstract: The reform of the internal affairs bodies causes a variety of reactions in our society. There are some well-grounded doubts in effi ciency of the course of reforms. The author provides his view on the optimum process of formation and functioning of the law-enforcement and police systems.

Keywords: jurisprudence, reform, MIA, law-enforcement, police, militia, law-enforcement bodies, administrative reform, law-enforcement activity, internal affairs bodies, state service.

Transformation of legal and political systems

Reference:

Nimaeva, B.B. Peculiarities of development of the Aginsky Buryat District as a territory with a special status in the Zabaikalsky region. // Law and Politics. 2011. № 10. P. 1666-1673. URL: https://en.nbpublish.com/library_read_article.php?id=51611

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Abstract: The article includes analysis of the process of enlargement of the constituent subjects of the Russian Federation, the author pays attention to the legal aspects of the formation of the new constituent subject, taking the Zabaikalsky region as an example. The author shows practical possibilities for the development of the Aginsky Buryat District as a territory with a special status based on certain programs and concepts. The author analyzes various legislative and normative acts, she also pays attention to the existing experience in the sphere, then she insists on the concretization of the legal bases of the entire algorithm of the process of uniting and development of the territories, possessing special status, as well as on taking the experience of the Aginsky Buryat District as an example for the further similar processes in the Russian Federation.

Keywords: political science, federation, asymmetry, community, territory, subject, authonomy, status, culture, Zabaikalsky region.

State security

Reference:

Ramazanov, R.U. Anti-corruption expertise of normative legal acts and drafts as effi cient means of fi ghting corruption. // Law and Politics. 2011. № 10. P. 1674-1678. URL: https://en.nbpublish.com/library_read_article.php?id=51612

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Abstract: The article is devoted to the anti-corruption measures in the government and municipal bodies. The author points out some problems related to the legal and organizational bases for the implementation of the anti-corruption legislation. The author analyzes federal laws and the Decrees of the Government of the Russian Federation, which include corruption factors. The author then offers to amend the Civil Procedural Code, the Code on Administrative Offences, and a number of federal laws in order to enhance the legal mechanism for the anti-corruption expertise. The author also offers to provide stricter punishment for the offi cials for the violations of the legislation on anti-corruption expertise, and to include the relevant amendment into the CAO.

Keywords: jurisprudence, corruption, counteraction, anti-corruption, expertise, normative, punishment, projects, service, civil.

Law and order

Reference:

Peyzak, R.I. Specifi c features of relief of criminal responsibility in the legislations of the states belonging to the continental legal system. // Law and Politics. 2011. № 10. P. 1679-1683. URL: https://en.nbpublish.com/library_read_article.php?id=51613

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Abstract: The article includes comparative analysis of legal systems, which are included into the Roman-German model of law, in the sphere of relief of criminal responsibility. The author notes the slowness of the process of inclusion of lists of bases for such relief, such as an extreme necessity, and he insists on their inclusion in not only general, but also more specifi c provisions of the Criminal Codes.

Keywords: jurisprudence, analysis, system, responsibility, relief, continent, norm, basis, Roman-German, necessity.

Law and order

Reference:

Pleshkov, M.A. Protection of land relations in the sphere of turnover of land plots as objects of immovable property in criminal law. // Law and Politics. 2011. № 10. P. 1684-1692. URL: https://en.nbpublish.com/library_read_article.php?id=51614

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Abstract: This paper examines questions of the criminal law, pertaining to land relations, associated with land turnover as a real estate. Marked signs of illegal encroaching in this area, are due to a special legal status of land, formulated by a concept of “illegal land traffi cking” For the fi rst time the author outlines the need to consider how signifi cantly harmful, to legally protected interests of the state and society, illegal involvement in the civil turnover of land, seized or substantially limited in circulation. Additionally, the question of conformity changes to article 170 of Russian Federation Criminal Code (“the registration of illegal land transactions”) is examined, due to its ineffi ciency and unfortunate legal structure.

Keywords: jurisprudence, turnover, land, deal, abuse, protection, property, powers, fraud, status.

JUDICIAL POWER

Reference:

Lyashkov, S.V. Judicial precedent in the civil process in Russia: forms of expression, legal nature and juridical character. // Law and Politics. 2011. № 10. P. 1693-1700. URL: https://en.nbpublish.com/library_read_article.php?id=51615

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Abstract: The author of the article considers various forms of judicial precedent in the civil procedure in Russia, analyzes their legal nature and legal character. The author successively analyses existing forms of judicial precedent, including decisions of the Supreme Court of the Russian Federation in specifi c cases and review of legislation and judicial decisions of the Supreme Court of the Russian Federation. The article includes examples of foreign legislation and law enforcement. As a result, the author concludes that in the civil proceedings in Russia it is possible to recognize as judicial precedents the decisions of the Plenum of the Supreme Court of the Russian Federation on various issues of judicial practice.

Keywords: court, precedent, civil, procedure, decision, review, Supreme Court, legislation, legal practice, nature, legal, character.

Stabilization systems: fiscal control

Reference:

Antonov, I.P. Legal and institutional bases of the banking system of the Federal Republic of Germany. // Law and Politics. 2011. № 10. P. 1701-1707. URL: https://en.nbpublish.com/library_read_article.php?id=51616

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Abstract: The banking system is key to the state economics. In the FRG it can be characterized as highly reliable, so there’s the considerable amount of German credits among the sources of fi nancing of companies. The German system includes the German Federal Bank (Deutsche Bundesbank), as well as the system of universal banks and the system of specializes banks. In this article the author shows the legal bases of this system which is regulated by the law, such as the Law on German Federal Bank, the Law on Credit System, The Money-laundering Law, etc.

Keywords: jurisprudence, banking system, FRG, state saving branches, the Law on German Federal Bank, credits, universal banks, specialized banks, the Berlin bank, the system of the European banks, private bankers.

Stabilization systems: fiscal control

Reference:

Zheleznyakov, A.E. Some legal forms of activities of the Bank of Russia in the sphere of guarantees of public interests in the banking sphere. // Law and Politics. 2011. № 10. P. 1708-1712. URL: https://en.nbpublish.com/library_read_article.php?id=51617

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Abstract: This article is devoted to the issues of guaranteeing public interests in the sphere of banking activity, including the role of the Bank of Russia in this process. The author pays attention to the nature of the term “public interest” as applied to the fi nancial and credit relations, and views it, as it applies to the fi nancial and credit relations, within the framework of implementation of the functions of the Bank of Russia on regulation and control over the activities of the banks of the 2nd level.

Keywords: jurisprudence, bank, system, interests, regulation, politics, management, economics, risks, system.

Legal and political thought

Reference:

Kembaev, Zh.M. Legal aspects of evolution of the idea of united Europe. // Law and Politics. 2011. № 10. P. 1713-1732. URL: https://en.nbpublish.com/library_read_article.php?id=51618

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Abstract: This article is devoted to the analysis of the legal aspects of the formation and development of the idea of the united Europe from the ancient times to the current time. The author singles out and analyzes the key stages of evolution of the idea of the European unity (that is: early Middle Ages, Renaissance, Enlightenment, Romanticism, 1917-1945, and 1945-1991). He also analyzes and brings into the single system the political and legal concepts for the unity of the European states of such famous thinkers, as St. Augustine, Thomas Aquinas, Dante Alighieri, P. Dubois, the Pope Pius II, Erasmus of Rotterdam, T. Campanella, M. Sully, Y.Komensky, G.V. Leibniz, W. Penn, C. St-Pier, J.J. Rousseau, I. Bentham, I.G. Gerder, I.Kant, Napoleon Bonaparte, F. Genz, K. Krause, K. St-Simon, F.List, Justus von Schmidt-Phiseldeck, V.Hugo, M.A. Bakunin, Johann Kaspar Bluntschli, L.A.Kamarovskiy, R.N. Coudenhove-Kalergi, A. Brian, A. Spinelli, W.Churchill, J.Monnet, R.Shuman, C. de Gaulle, M.Thatcher, J. Delors.

Keywords: jurisprudence, history of the European integration, the United States of Europe, universal monarchy, the Union of States, Confederation, Federation, Immanuel Kant, the EU, Europe.

History of state and law

Reference:

Sokhan, A.V. Legal regulation of lotteries in the RSFSR. // Law and Politics. 2011. № 10. P. 1733-1739. URL: https://en.nbpublish.com/library_read_article.php?id=51599

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Abstract: The article includes analysis of the key moments in the legal regulation of lotteries in the Russian state from the October revolution to the break-up of the USSR. The author then comes to a conclusion that lotteries, which were held exclusively either by the state or with its considerable participation under the established rules, had more positive outcomes for the society, compared to their negative impacts. One has to keep in mind that the state used lotteries to gain funds for the development of social and cultural sphere. Lotteries and betting were permitted types of gambling throughout the Soviet period.

Keywords: jurisprudence, legal regulation, gambling, lotteries, win, RSFSR, USSR, the Soviet period, permission order, history.

History of state and law

Reference:

Mikhailov, M.V. Legal bases of the Soviet state policy in the sphere of education. // Law and Politics. 2011. № 10. P. 1740-1745. URL: https://en.nbpublish.com/library_read_article.php?id=51600

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Abstract: The article includes historical and legal analysis of the bases for the legislative guarantees of the legal policy of the state in the sphere of education at the time of Soviet statehood. The author fi nds grounds for the dependency of the modern legislation in this sphere on the principles of regulation of the Soviet state. The author analysis basic Soviet normative legal acts of various periods, which formed the basis for the normative guarantees of education policy in the Soviet state. The author offers a thesis that the key contradictions were formed at that period.

Keywords: jurisprudence, law, state, education, history, legislation, policy, power, government, enlightenment.

History of state and law

Reference:

Filyushina, A.S. Getting the old industrial Pittsburgh out of crisis: political and legal aspects. // Law and Politics. 2011. № 10. P. 1746-1753. URL: https://en.nbpublish.com/library_read_article.php?id=51601

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Abstract: The article is devoted to the measures, which were used for the regeneration of economics and social sphere of the American city of Pittsburgh in both political and legal contexts. The author describes the normative basis, NGOs, municipal and other structures, which were aimed for bringing life into the city, as well as both successful and unsuccessful attempts of the government and municipality to revive the economics and life in the city. The author points out an issue, which is rarely discussed when implementing city projects, that is violations of rights of certain groups of persons when implementing complex re-planning of territories. The author provides both positive and negative examples of the participation of the society, interference of NGOs. She points out the role of partnership of the state and the private sector for the effi ciency of the measures for the reconstruction of the city.

Keywords: political science, program, development, NGO, society, communities, rights, partnership, innovation, participation.

History of state and law

Reference:

Peizak, A.V. Reorganization of state management as a basis for the formation of the service state in Russia in late XV century. // Law and Politics. 2011. № 10. P. 1754-1758. URL: https://en.nbpublish.com/library_read_article.php?id=51602

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Abstract: The author of this article considers that re-organization of the system of state government of the Russian state in the late XV century was held in the following directions: 1) formation of a single legal basis (Sudebnik of 1497), 2) redistribution of the property (feeding) and a new unifi ed system of taxes, 3) re-organization of municipal systems.

Keywords: jurisprudence, state, Russia, XV century, Sudebnik, taxation, property, municipal self-government, reorganization, redistribution.

History of state and law

Reference:

Solomonova, S.A. Infl uence of the Great French Revolution and the July Revolution of 1830 in France on the constitutional development of Switzerland. // Law and Politics. 2011. № 10. P. 1759-1770. URL: https://en.nbpublish.com/library_read_article.php?id=51603

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Abstract: The revolutionary events in France had a great impact on the constitutional development of the Switzerland. The Great French Revolution caused various reactions among the Swiss citizens, and lead to a number of riots throughout the state. The Napoleonic constitutions did not set well among the Swiss people, who were used to independence and self-government, but they had an impact on the future constitutional development of the state.

Keywords: jurisprudence, Switzerland, France, constitution, revolution, development, Napoleon, independent, cantons, Seim.

History of state and law

Reference:

Morozova, A.S. The right of state property of mineral resources as a category of constitutional law. // Law and Politics. 2011. № 10. P. 1771-1778. URL: https://en.nbpublish.com/library_read_article.php?id=51604

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Abstract: This article is devoted to the right of state property to mineral resource as a category of science of constitutional law and the branch of constitutional law. Considering the value of the subsoil and mineral resources, various views on the status of state property to the mineral resources and the subsoil territories, the author offers to amend the Constitution of the Russian Federation to include the exclusive right of the Russian Federation to the subsoil mineral resources, then to amend the Law “On Subsoil”, or adopt a new law on issues of management of mineral resources.

Keywords: jurisprudence, Federation, Constitution, Code, law, property, ownership, use, recommendation.