State institutions and legal systems
Reference:
Mamsurov, T.D., Tsaliev, A.M.
On legislative coordination of the interests of the Russian Federation and its
constituent subjects: history and modern situation.
// Law and Politics.
2011. ¹ 11.
P. 1792-1797.
URL: https://en.nbpublish.com/library_read_article.php?id=51619
Abstract:
The article is devoted to the processes of coordination of interests of the federation and the regions within the legislative
regulation. The authors offers measures on strengthening the Russian statehood based on the provisions of the Constitution
of the Russian Federation. The authors then view the ideas on greater role of regions in the foreign policy of the Russian
Federation.
Keywords:
jurisprudence, coordination, agreement, legislation, sovereignty, subject, policy, body, power, foreign.
Transformation of legal and political systems
Reference:
Kozhukhovskaya, E.I.
New forms of political government(example of stable development).
// Law and Politics.
2011. ¹ 11.
P. 1798-1807.
URL: https://en.nbpublish.com/library_read_article.php?id=51620
Abstract:
The article is devoted to the existing concepts (models) of political government from the point of view of meta-policy, as
well as on an example of the EU. The author analyzes the foreign experience of political government in the sphere of stable
development and environmental policy. When developing branch-related policies it is offered to take into account the risks,
problems and factors as levels of a hierarchical models of AHP (Analytic Hierarchy Process) type.
Keywords:
political science, politics, planning, management, ecologization, hierarchy, networks, partnerships, power, innovations.
Transformation of legal and political systems
Reference:
Mikhailov, M.V.
Key directions of development of Russian legal policy in the sphere of education.
// Law and Politics.
2011. ¹ 11.
P. 1808-1813.
URL: https://en.nbpublish.com/library_read_article.php?id=51621
Abstract:
The strategy of modernization of the sphere of education is one of the most discussed legislative draft projects in the Russian
Federation. The author attempts to provide complex analysis of key vectors of improvement of the legal policy of the Russian
statehood in the educational sphere, while this analysis is held from the point of view, when education is viewed as a specifi c
sphere of social life. The priorities are more accessible quality education, effective contracts, social contracts, the rebirth
of the innovation component of the Universities, higher quality mass higher education, professional and service education
at the modern level, renewal of the general education, establishment and directed support of the “growth points” within
the system of education.
Keywords:
jurisprudence, law, politics, state, education, system, modernization, society, reform, legislation.
Authority and management
Reference:
Kolobova, G.A.
Implementation of political interests of the state in the legal regulation of political relations:
Russian practice.
// Law and Politics.
2011. ¹ 11.
P. 1814-1823.
URL: https://en.nbpublish.com/library_read_article.php?id=51622
Abstract:
The author views political and legal mechanisms as instruments of state regulation of economics, their key meaning is
implementation of the political will of the state and implementation of its interests in the economical sphere. The article
shows the peculiarities of formation and development of the Russian legislation on economic relations in the post-Soviet
period.
Keywords:
political science, law, political and legal mechanisms, political and economic transformation, political interests, function, strategy, legislation, public law, private law.
Authority and management
Reference:
Spektor, A.A.
The limits of legal interference of the state while implementing state control in the sphere of
entrepreneurship.
// Law and Politics.
2011. ¹ 11.
P. 1824-1827.
URL: https://en.nbpublish.com/library_read_article.php?id=51623
Abstract:
The article is devoted to one of the topical issues: establishment of limits to state intervention in state control of entrepreneurial
activity. The article provides doctrinal points of view.
Keywords:
jurisprudence, state control, entrepreneurial activity, intervention, subjects of economic activity, review, market development, power, business, self-regulating market.
Authority and management
Reference:
Khannanov, R. A.
Sustainability of Agricultural Industry: Theoretical and Legal Groundwork
// Law and Politics.
2011. ¹ 11.
P. 1828-1854.
URL: https://en.nbpublish.com/library_read_article.php?id=51624
Abstract:
Unfortunately, Russian agricultural industry does not satisfy the population’s need in agricultural products and
the agricultural sector is not competitive enought. One of the main causes here is an unstability of agricultural production
due to a number of factors including legal factors, too. This article is devoted to the problem of legal enforcement of sustainability
of agricultural industry because there are obvious gaps in Russian industrial legislation. Based on the analysis
of agricultural practice and relevant legal acts as well as achievements in agricultural science, the author of the article
suggests legal ways to solve the problem of making agricultural industry sustainable.
Keywords:
studies of law, economics, law, effi ciency, sustainability, agricultural, industry (production), conception, theory, activity.
Law and order
Reference:
Urlis, M.Y.
On the issue of the subject of investigative operation event “interview”.
// Law and Politics.
2011. ¹ 11.
P. 1855-1858.
URL: https://en.nbpublish.com/library_read_article.php?id=51625
Abstract:
Lack of some terms used in the operative investigation activity in the Federal Law of August 12, 1995 n. 144-FZ “On Operative
Investigation Activity” allows the practitioners to interpret the same term in various ways. The article includes analysis of
some legal articles in the sphere of operative investigation activity in order to establish the subject of “interview” as an
operative investigation matter. The authors then offer their own defi nition of the object of interview.
Keywords:
jurisprudence, operative investigation activity, operative investigation bodies, customs bodies, interview, subject of an interview, operative offi cer, participants, Law on OIA.
Law and order
Reference:
Kosmachev, S.V.
Interaction of investigative and operative divisions in uncovering and investigation of crimes in
the sphere of intellectual property.
// Law and Politics.
2011. ¹ 11.
P. 1859-1865.
URL: https://en.nbpublish.com/library_read_article.php?id=51626
Abstract:
This article deals with the problems of improving interaction between the investigative and operational units in the detection
and investigation of crimes related to intellectual property. Among the major factor negatively affecting the effectiveness
of the fi ght against crimes in the area of intellectual property is the lack of contemporary evidence-based investigation into
these crimes. The current concept of procedural law entities authorized to carry out operational-search activity, in many
respects contradictory. It was noted that planning is a principle and as a means of infl uencing the behavior of interacting
entities with their specifi c functions. Improving the planning of joint work of operational units and the investigative body,
as appropriate, in our view, include the issues of interaction in the structure of the current semi-annual plan of internal
affairs in general. To implement the process of harmonization of national administrative and criminal legislation proposed
to use the model of international cooperation on measures to identify and document the crimes in the area of intellectual
property concepts in the light of emerging models of EEC, Russia and Belarus, the CIS and perspectives of use of databases
in international space.
Keywords:
interaction of investigative and operational units, the effectiveness of combating crimes, criminal action, investigation and search operations, planning of joint activities, criminal copyright infringement, the harmonization of national legislation, a model of international cooperation
JUDICIAL POWER
Reference:
Bogatyrev, E.V.
Development and implementation of constitutional and legal bases of economic justice in the
arbitration procedural legislation of the Russian Federation.
// Law and Politics.
2011. ¹ 11.
P. 1866-1874.
URL: https://en.nbpublish.com/library_read_article.php?id=51627
Abstract:
This article is devoted to the constitutional and legal bases of economic justice in the sphere of judicial procedure. The
author analyzes the issue of their implementation in procedural legislation.
Keywords:
jurisprudence, economic justice, bases, arbitration courts, constitutional principles, process, state, judicial system, procedural legislation, economic disputes.
JUDICIAL POWER
Reference:
Markov, P.V.
Legal nature and conditions for use of judicial discretion.
// Law and Politics.
2011. ¹ 11.
P. 1875-1881.
URL: https://en.nbpublish.com/library_read_article.php?id=51628
Abstract:
The attitude to judicial discretion is much dependent on the understanding of law. The positive feature of rational idealistic
approach is evaluation of discretion based on a united criterion of defi nition (idea) of law, which is understood as unity
of principles of freedom, justice and formal equality. From the point of view of the rational idealistic approach judicial
discretion is activity of the court on implementation of its powers under its understanding, which is aimed to overcome
collisions and blanks in regulation, in order to form a legal and lawful decision. The conditions for the implementation of
judicial discretion depend on specifi c features of the functioning of the judicial system, hierarchy of sources of law, practice of application of various means of interpretation of legislation and precedents, development of doctrine, adaptation of
legal borrowing.
Keywords:
jurisprudence, discretion, positivism, realism, idealism, formalism, powers, lawfulness, precedent, abuse of discretion.
XXI century International law
Reference:
Shugurov, M.V.
International legal principle of respect and protection of human dignity as a regulating force in
the modern scientifi c and technological progress in the XXI century.
// Law and Politics.
2011. ¹ 11.
P. 1882-1915.
URL: https://en.nbpublish.com/library_read_article.php?id=51629
Abstract:
Based on the wide circle of international legal documents and doctrinal studies, the author analyzes the meaning of
international legal principle of respect and protection of human dignity in the framework of regulation of scientifi c and
technological progress. Much place is given to analysis of international legal concept of dignity and its development in the
modern conditions. The author analyzes correlation of human dignity and basic rights and freedoms. The author shows
the fundamental role of this principle within the context of full and effi cient application of internationally recognized right
to participation in the scientifi c and technical progress and use of its results.
Keywords:
jurisprudence, dignity, development, science, technology, personality, biomedicine, pluralism, globalization, rights.
International relations: interaction systems
Reference:
Belyasov, S.N.
International cooperation of the Russian Federation in the sphere of protection of rights and
freedoms of individual and citizen.
// Law and Politics.
2011. ¹ 11.
P. 1916-1923.
URL: https://en.nbpublish.com/library_read_article.php?id=51630
Abstract:
The article is devoted to the international cooperation in the sphere of human rights. The author shows the role of international
norms on domestic legislation. Much attention is paid to the interaction of the Constitutional Court of the Russian Federation
with the norms of international law. The author also shows the role of the UN Committees in the sphere of protection of
human rights and bringing the domestic legislation into accord with the norms of international law.
Keywords:
jurisprudence, the Universal Declaration of Human Rights, International Pact on Economic, Social and Cultural Rights, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Human Rights Committee, protection of rights of individual and citizen, international cooperation, international principle.
Human and state
Reference:
Brizetsky, S.N.
Constitutional legal regime of guarantees of rights of disabled persons in the Russian Federation
as an example of guarantees of human rights in the format of supremacy of law.
// Law and Politics.
2011. ¹ 11.
P. 1924-1930.
URL: https://en.nbpublish.com/library_read_article.php?id=51631
Abstract:
The article is devoted to the constitutional legal regime of the guarantees of rights of the disabled persons in the Russian
Federation in the aspect of the supremacy of law. The author studies theoretical and legal bases of the guarantees of human
rights as a basis for the rights of disabled persons. The author studies both domestic and international law of rights of
disabled persons.
Keywords:
jurisprudence, constitutional legal regime of guarantees of rights of disabled persons, Russian Federation, supremacy of law, international law, guarantees of human rights, disabled persons, status, guarantees, legislation of the Russian Federation.
History of state and law
Reference:
Amvrosova, O.N., Atayan, G.Y.
Infl uence of the foreign experience on the economic activity of the Russian state
in the 2nd half of the XVIII century.
// Law and Politics.
2011. ¹ 11.
P. 1931-1935.
URL: https://en.nbpublish.com/library_read_article.php?id=51632
Abstract:
The article is devoted to the scientifi c works of foreign thinkers, which are devoted to the general and specifi c issues of
economic activity of the state. Much attention is paid to the infl uence of these concepts on political and legal thought in
Russia.
Keywords:
jurisprudence, state, function, management, economic system, legal system, economic activity, economic function, state regulation, property
History of state and law
Reference:
Loginov, V.V.
Consolidation of the estate monarchy in Russia in the normative documents of XVI – early XVII
centuries.
// Law and Politics.
2011. ¹ 11.
P. 1936-1946.
URL: https://en.nbpublish.com/library_read_article.php?id=51633
Abstract:
The article is devoted to the previously insuffi ciently studied normative acts of the XVI – early XVII centuries: Undercross
record of Vassily Shuisky (1606), Treaties with the Polish King Sigizmund the 3rd August on invitation of the prince Vladislav to the Russian throne of (4) 14 February, 1610 and 17 (27) August 1610. the Encyclic charters of the Boyar Government
(Sedmochislennye Boyars), the Decision of the Land Assembly of the First Militia of June 30, 1611, the Limitations Charter
of Mikhail Romanov. The author shows that in these documents one can fi nd the constitutional values, which are recognized
by the modern science, that is form of government (estate monarchy), the order of accepting laws, which limits the
competence of the supreme power by the legislative body (the Land Assembly), the separation of powers between legislative
and executive bodies (the Land Assembly, Government and the Orders), the way of election (assignment) of persons to the
central and local powers with the right of call-off.
Keywords:
jurisprudence, the estate monarchy, lawfulness, Treaties with the Polish King Sigizmund the 3rd August on invitation of the prince Vladislav to the , the Encyclic charters of the Boyar Government, the Decision of the Land Assembly of the First Militia of June 30, 1611, the Limitations Charter of Mikhail Romanov, normative acts, Undercross record of Vassily Shuisky, form of government.
Practical law manual
Reference:
Belikova, K.M.
Some problems of protection of shareholders’ rights in the “groups of enterprises” in the Latin
American countries.
// Law and Politics.
2011. ¹ 11.
P. 1947-1955.
URL: https://en.nbpublish.com/library_read_article.php?id=51634
Abstract:
The articles touches upon some problems of protection of shareholders` rights in the «groups of undertakings» in Latin
American countries. For at present both domestic and foreign scientifi c doctrine recognizes that the legal person - in the
overwhelming majority of cases - is no more an independent legal subject of economic turnover. And such a situation causes
the necessity of fi xing by the legislation of the norms directed at the protection of shareholders` rights of the «groups» of
enterprises. These norms are being analyzed in the present article.
Keywords:
Latin America, «groups of undertakings», protection of shareholders` rights, «fl owing» of «corporeal» shareholders` powers, shareholders` minority, compulsory redemption, secured dividend.
Practical law manual
Reference:
Evstafieva, I.V.
Topical issues of transfer of exclusive copyright on the works for hire.
// Law and Politics.
2011. ¹ 11.
P. 1956-1959.
URL: https://en.nbpublish.com/library_read_article.php?id=51635
Abstract:
Currently many productions, which are lawfully protected, are produced by the employed authors as a part of their work. That
is why the issue of transfer of rights to use such productions within one state or internationally becomes so topical. That is
why it is necessary to qualify them as works for hire, which allows to clearly establish who has title to these productions.
Also considering lack of confl ict of law norms, which could be applicable to labor relations, in Russian and international
private law, the author considers that the issue of choice of competent law to the relations of formation and use of service
production in international labor relations deserve much attention.
Keywords:
jurisprudence, works for hire, labor relations, exclusive rights, applicable right, collision norms, labor contract, author’s contract, international private law, employee author.
Jurisprudence
Reference:
Kuzenkova, A.G.
Conceptualization of the political and legal mechanisms as a basis for the studies of regional
investment climate.
// Law and Politics.
2011. ¹ 11.
P. 1960-1967.
URL: https://en.nbpublish.com/library_read_article.php?id=51636
Abstract:
The author of the article offers to synthesize the methods of deliberate concept of democracy and the liberal legal concept
understanding of law in order to model an inter-branch instrument for the analysis of the policy of the regional government,
which is aimed to improve the investment climate. The study is based on the principles of political and legal unity, social
system and interpenetration of politics and law in the jural state.
Keywords:
political science, investment climate, region, power, deliberate, liberal, inter-branch, competition, institutions.
Academic life
Reference:
Dubovik, O.L., Rednikova T.V.
Advancement of the effi ciency of protection of genetic resources in the world
practice.
// Law and Politics.
2011. ¹ 11.
P. 1968-1972.
URL: https://en.nbpublish.com/library_read_article.php?id=51637
Abstract:
The article contains analysis of the experience of various countries in the sphere of formation and regulation of the common
funds of genetic resources, as presented in the reports at the International Simposium, which was devoted to the regulation
of access to genetic resources, traditional knowledge and sharing the benefi ts, which was held in the city of Bremen,
Gemany, and also to the relevant provisions of the Convention on Biological Variety and Nagoi Protocol to it.
Keywords:
jurisprudence, genetic resources, funds, biological variety, legislation, profi t, plants, protocol, convention
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