Theory
Reference:
Popov, E.A.
Philosophy of state and law.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51451
Abstract:
The article is devoted to several aspects of the conceptualization
of “philosophy of the state” in its relation to the law. At the same the philosophy of the state is understood not only as a world view, but also as a system of values and meanings. It allows individual, society, and the state to hope to achieve possible harmony.
Keywords:
jurisprudence, law, philosophy, state, statehood, legal cognition, world view, postmodernism, individual society
State institutions and legal systems
Reference:
Kozhevnikov, O.A.
The peculiarities of Russian legislation,
or on the issue of formal definition of norms of law.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51452
Abstract:
Based on the analysis of the specific Federal Law the author shows how the lack of clarity and formal definition in legal norms influences their application, relations between the level of public government, and in the end the protection of basic human rights and freedoms in Russia.
Keywords:
jurisprudence, Constitution of the Russian Federation, right to protection of health of citizens, local self-government, legal norm, separation of powers, legality, decisions of the Constitutional Court of the Russian Federation, rights and freedoms of an individual, normative clarity
Authority and management
Reference:
Tsaliev,A.M., Tsgoev, T.V.
Some problems and perspectives
of normative legal regulation of the institutions of the civil society in the Northern Caucasian Federal District.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51453
Abstract:
The article is devoted to formation and development of the institutions of the civil society, their interaction with the state power structures, growth of efficiency of social control.
Keywords:
jurisprudence, society, state, control, institutions, district, formation, development, chamber, interaction
Authority and management
Reference:
Schepachev, V.A.
Evaluation of efficiency of the activities
of the municipal self-government bodies as a form of social control.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51454
Abstract:
The article is devoted to social control over the activities of the municipal self-government bodies. The author analyses the definitions of key elements of social control, points out a number of problems and ways to solve them. Much attention is paid to such as form of social control as evaluation of efficiency of activities of the municipal self-government bodies.
Keywords:
public control, municipal services, local authorities, efficiency evaluation, evaluation criterion.
Authority and management
Reference:
Lipchanskaya, M.A.
Constitutional and legal regulation
of participation of citizens in formation of the executive
branch of government.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51455
Abstract:
The article is devoted to the analysis of the issues related to the possible participation of citizens in the formation of the executive branch of government. Based on the analysis, the author comes to a conclusion that such chances are currently minimal. However, a mechanism of feedback is necessary. That is why the author offers to develop the mechanisms for expression of distrust to an official by the people, and such distrust should lead to him losing his position.
Keywords:
jurisprudence, managing state matters, formation of executive branch of government, feedback, callback of elected officials, loss of official position, distrust, public officer, addresses of the people
Transformation of legal and political systems
Reference:
Bulatov, O.Sh.
Modernization and legislative improvement
of political system of the Rrussian Federation.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51456
Abstract:
Formation and normal functioning of the modern political system presupposes not only several parties, but rather whole party systems with complicated structures and hierarchies. Complicated character of social structure and variety of possible
forms of development of the society form the basis for the multi-partizan system. That is why the article is devoted to the problems related to the party formation, modernization and legal improvement of the political system of the Russian Federation, then the author analyzes of the latest changes in the legislation on political parties.
Keywords:
jurisprudence, competition, fight, parties, proportionate, elector, mandate, power, modernization, vector
Transformation of legal and political systems
Reference:
Vinnitsky, A.V.
On the destiny of state corporations and other public legal entities within the framework of the improvement of civil legislation.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51457
Abstract:
The article analyses the present law-making tendencies in regard to the status of government corporations (companies) and other legal entities under public law. The author gives arguments in favor of formally introducing an institute of legal entities under public law within the framework of the current improvement of Russian civil legislation.
Keywords:
jurisprudence, state corporation, public, law, persons, legitimization, improvement, functions, decentralization, state companies
Law and order
Reference:
Antonova, E.Yu.
Corporate legal responsibility for corruption crimes.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51458
Abstract:
This article is devoted to the issue of protection of national security of Russia from corruption crimes. The author then comes to a conclusion of the need to establish corporate criminal responsibility for corruption crimes.
Keywords:
jurisprudence, corruption, bribe, security, crime, social danger, administrative measures, quasi-criminal responsibility, criminal responsibility, legal entity
Law and order
Reference:
Kurakin, A.V., Ovchinnikov, N.A.
Administrative discretion within the mechanism of ensuring lawfulness of the service activity of the officers of the domestic affairs
bodies.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51459
Abstract:
The article is devoted to legal and organization – related problems of implementation of law of administrative discretion
in the service activities of the domestic affairs bodies (police). The authors point out the types of administrative discretion, which can be practically implemented in the law-enforcement and government activities of the internal affairs bodies.
Keywords:
jurisprudence, discretion, police, government, service, freedom, definition, doctrine, discretional, order
JUDICIAL POWER
Reference:
Bykov, V.M.
Appellate and cassation courts in Russia: critical notes on the new law.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51460
Abstract:
The article is devoted to the new Federal Law of the Russian Federation of December 29, N. 433-FZ which seriously changes appellate and cassation judicial procedure for criminal and civil cases. The author considers that they should function together as a court of 2nd instance. The article includes other ideas related to improvement of work of appellate and cassation courts.
Keywords:
jurisprudence, court, new law, decision on a criminal case, appeal, cassation, canceling the decision, powers of the court, improvement of the court
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Lebed, V.V.
Copyright legislation in Russia and in the EU states within the framework of development of Eeuropean copyright law.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51461
Abstract:
The study concerns the issue of formation of unified standard of copyright protection, the author then analyses legal regulation
of copyright relations in the EU and in Russia.
Keywords:
jurisprudence, author, directive, Union, author, author’s work, creation, originality, law, capability for protection
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Ryzhov, V.B.
Evolution of legal bases for the non-contractual
policy of the EU towards the states and regional organizations of Asia and Latin America within the framework of the policy of support to the development of developing states.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51462
Abstract:
The article is devoted to the legal aspects of cooperation of the EU and the developing states of Asia and Latin America. The author analyzes the key principles of such cooperation, as enshrined in the acts of the EU. The author shows the role of the key bodies of the EU in establishing the policy of support of the “third world” states.
Keywords:
jurisprudence, international law, European law, law of international organizations, international economic law, law of international economic support, regional integration unions, the EU, developing states, principles of cooperation
Human and environment
Reference:
Gogaeva, M.T.
Legal definition of “ecologically important decisions”.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51463
Abstract:
The article is concerned with the legal definition of “ecologically
important decisions” based on existing doctrinal positions and the ecological legislation. The author then comes to a conclusion that they are chosen and made by the government bodies and other subjects of economic activities,
which are related to the use of natural resources and (or) negative influence on environment, based on recognition
of ecological requirements, which in turn establish the prevention and lowering of negative influence on the environment, return the environment to a better condition, support rational use of natural resources and protection of ecological rights of the people. Such an understanding allows to establish formation, acceptance and implementation of economic and governmental decisions with due respect to ecological requirements.
Keywords:
jurisprudence, environment, important, decision, protection, environmental, rational, use of natural resources, environmental rights
Human and state
Reference:
Memetova, Z.F.
Tthe problem of political participation of the youth in the modern Rrussian politics.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51464
Abstract:
Currently political and patriotic education of the youth gains topicality and importance in a Russian society. Political education of the youth is a component of the general education
process, which is a regular and goal-oriented activity of the government bodies and public organizations, which are aimed at the formation of patriotic consciousness among the young people, promote the feeling of faithfulness to the Fatherland, readiness for performance of their civic duty and the constitutional duties of protection of interests of Russia. Youth’s realization in political sphere is necessary for its development in the modern world. Within the problem of youth’s political participation it is possible to allocate two aspects: low value of political participation for young people and place of politics in a system of youth’s interests.
Keywords:
youth, politics, participation, education, realization, values, interests, factors, socialization
Anthropology of law
Reference:
Lyubarsky, E.S.
Value oriented ideologies of terrorism.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51465
Abstract:
This article is devoted to the axiological bases for the ideology. The author analyzes the consequences of lack of unity among the values of an individual and of a state, or a social group, to which an individual belongs. He points out that it may lead to various forms of behavior from passive non-acceptance to ruthless fight with the existing regime. The author analyzes the bases for the acceptance or non-acceptance of other value-related systems, which in their extreme form become ethnocentrism, extremism, fanaticism, and fundamentalism, which in turn form the parts of the terrorism
ideology. The author then studies peculiar features of religious terrorism, points out the specific features of classic Islam and Islamic fundamentalism, which in turn is reflected in Wahabiism. Then he analyzes its role and important in activation of international terrorism.
Keywords:
political science, terrorism, ideology, ethnocentrism, extremism, fanaticism, fundamentalism, Islamism, Wahabiism, separatism
Practical law manual
Reference:
Yarovenko, V.V.
Definition of forensic dermatoglyphics.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51466
Abstract:
The article is devoted to the use of dermatoglyphics in order to gain maximal information on a subject, whose papillary pictures and prints are studies. The author provides the definition of forensic dermatoglyphics and its use in investigative
practice.
Keywords:
political science, forensic science, trasology, dactilography, poroscopy, dermatoglyphics, expertise, identity, personality, model
Jurisprudence
Reference:
Panfilov, A.N.
Cultural values and objects of cultural
heritage: problem of unification of terms (part 2, final).
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51467
Abstract:
In modern Russia the problems of legal protection of historical
and cultural monuments are not studied sufficiently. In particular, the legal literature fails to adequately cast light upon the unification of legal definitions and terms, which are used in normative legal acts, regulating the relations in the sphere of protection and preservation of objects of cultural heritage, import and export of objects of cultural value. Now the issue of terminological unity is quite topical, due to improvement of federal legislation (new law on culture, amendments to the law on objects of cultural heritage), as well as to complications in practice of legal application. In this study the author based on analysis of legal and scientific
definitions of “cultural values”, “objects of cultural heritage” and other close terms, formulates provisions for their improvement.
Keywords:
jurisprudence, law, cultural values, objects of cultural heritage, monuments of history and culture, culture, unique character, authenticity, unification, protection
Jurisprudence
Reference:
Osipov, M.Y.
Definition, key structural elements and forms of systematization of legislation.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51468
Abstract:
The article is devoted to the systematization of legislation as one of the types of legal processes. This article includes key forms and structural elements, as well as types of systematization
of legislation, criteria of their correlation, ways to improve registration of normative legal acts.
Keywords:
jurisprudence, systematization, legislation, structure, element, form, correlation, theory, law, process
Jurisprudence
Reference:
Yakovleva, A.I.
Civil law characteristics of relations in the sphere of town-planning activity.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51469
Abstract:
The author attempts to analyze various types of relations in the sphere of town planning activity, their formation, object, subject, matter (their correlation). As a result, the author forms a number of doctrinal conclusions and provides ideas on improvement of existing legislation.
Keywords:
jurisprudence, city-planning, activity, object, matter, subject, legal relations, characteristic features, civil law, bases
Legal and political thought
Reference:
Alontseva, D.V.
Problem of relations between the state and the church in the creative heritage of S.N. Bulgakov.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51470
Abstract:
The article is devoted to the analysis of the problem of relations between church and state, their relations and mutual influences, as reflected in the views of the Russian philosopher, theologist, economist, jurist, and renowned social
figure Sergey Nikolaevich Bulgakov. His views on these relations were not static, and their evolution went through a number of stages: Marxist, which included the idea of revolutionary changes in the state and church, the concept of Christian policy with the program goal of Christian socialism,
and the theory of Christian sociality with the idea of inner change of state based on Christianity.
Keywords:
jurisprudence, S.N. Bulgakov, views, problem, relations, church, state, separation, union, choice
Academic life
Reference:
Grafsky, V.G.
The 5th philosophical and legal readings in the memory of Academician V.Ss. Nersesyants.
// Law and Politics.
2011. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=51471
Abstract:
The scientific message on the Fifth legal philosophy readings
of memory of academician Nersesyants, taken place in October, 2010 at Institute of the State and Law of the Russian Academy of Sciences, on the general on a theme «scientific standards in the law theory» with participation of representatives of leading centers of science of Russia, Ukraine and other countries.
Keywords:
theory of law, scientific character standards, criteria of scientific character, myth, logos, organism and mechanism metaphors, “rigid” and “soft” theories, classicism and post-classicism as methodology, continuity and novelty