Human and state
Reference:
Khannanov,R.A.
New paradigm of property: theoretical
and legal bases.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51472
Abstract:
The Marx paradigm of property is outdated and inadequate for
the purpose of refl ecting the current situation in the economics.
Hence, there’s an objective need to develop and establish a new
paradigm of property, which would be capable of scientifi -
cally explaining modern social and economic changes in the
state, and to become the basis for the improvement of Russian
legislation in order to ensure innovation and modernization
processes. The author based on new theoretical approaches
to understanding of property provides ideas on optimization
of legal regulation of such relations.
Keywords:
jurisprudence, paradigm, property, state, law, regulation, modernization, innovation, application of law, law-making.
Discussion forum
Reference:
Trofimova, Y.A.
Offers on modernization of the civil
law system of authentifi cation of facts of legal value.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51473
Abstract:
The article is devoted to motivating the need to form and
implement into the Civil Code of the Russian Federation
a specifi c chapter, which would be devoted to the nature,
defi nition an terms of application of juridical facts in civil
relations. The author offers to include into this chapter
some norms, by which one could ensure the dynamics of
a particular legal relation, as a relation between the individual
behavior of a subject and the legal norms, as well
as formation of juridical facts as bases for civil law rights
and obligations.
Keywords:
jurisprudence, fact, legal, civil law, legal relation, formation, modernization, notary, law, concept.
History of state and law
Reference:
Loginov, V.V.
The Cross-Kissing Record of Vassily
Shuisky as a result of the oprichnik policy of the Ivan
the IV.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51474
Abstract:
The article is devoted to the complicated interrelation of
the expectations to the legislator of all the classes of the
Russian society in one of the hardest periods for the Russian
statehood, and their implementation as a declaratory act:
the Cross Kissing Record of Vassily Shuisky when entering
the throne. The author shows and motivates the differences
between the estate representative monarchy and the political regime of oprichnik policy (1565-1572) at the time of reign
of Ivan the 4th, as well as the infl uence of it on the Record
by Vassily Shuisky.
Keywords:
jurisprudence, lawlessness, criminal policy, oprichnik policy, under-cross record, political regime, estate representative monarchy, Ivan the 4th, Vassily Shuisky, history.
Anthropology of law
Reference:
Usmanova, R.M.
Custom within the system of public
regulation of social relations.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51475
Abstract:
The article is devoted to the issues of application of custom
in order to regulate social relations. The author analyzes the
nature of custom as a source of law, and as an independent
social regulator in the legal science. The author thinks that
legally there’s no legal custom, since it’s a legal norm, while
custom is a type of social norm. In the author’s point of view,
as soon as customs are supported by the state, they lose the
quality of non-legal social norms, and they become norms of
law with all the due consequence of formation of law.
Keywords:
jurisprudence, public, regulation, custom, law, relation, power, social, norm, ethnical.
Anthropology of law
Reference:
Galiev, F.Kh.
Legal culture as a system of legal selforganized
order.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51476
Abstract:
Each historical stage in political and legal development of
the state was accompanied by the formation and functioning
of a certain legal culture in the society, and it serves as a
reference mark or a specifi c trampoline for the further social,
political and spiritual growth of the society.
Keywords:
jurisprudence, culture, self-organization, jural state, norms, principles, Russia, legal regulators, federalism, legal institutions.
Anthropology of law
Reference:
Mitin, A.N.
Why in Russia no one is afraid of breaking
the law?
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51477
Abstract:
The article includes systemic analysis of the reasons for
the derogatory attitude to law in Russia. The author shows
the key social and psychological peculiarities, which cause
mass legal nihilism.
Keywords:
jurisprudence, law, law-enforcement bodies, corruption, citizen, world view, capital, legal conscience, fear as a motive, legal nihilism.
Public communications
Reference:
Scherbovich, A.A.
The constitutional right of access
to information of public bodies in the Internet as a guarantee
of the transparency of power and implementation
of other rights and freedoms of citizens in the information
society.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51478
Abstract:
This article is devoted to the constitutional right to access
the information of the courts, as well as bodies of state power
and municipal self-government in the Internet, taking into
account the newly passed Federal Laws on access to offi cial
information. The term of “right to access information” is
compared with the term “information of public domain”, as
accepted by the UNESCO. The author shows the relation
between the constitutional right to access information in the
Internet and the right to freedom of speech, as well as with
some other constitutional rights and freedoms.
Keywords:
jurisprudence, access to information, UNESCO, Internet, offi cial website, bodies of state power, municipal self-government, justice, openness, power, freedom of speech.
Public communications
Reference:
Shtyrev, A.V.
Role and place of information within the
system of objects of the civil rights.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51479
Abstract:
The article is devoted to the analysis of information and
some of its kinds, based on which the author establishes
the position that the information is an independent object
of civil rights and it keeps its spot within the system of civil
law relations, in spite of the fact of its exclusion from a
closed list under Art. 128 of the Civil Code of the Russian
Federation.
Keywords:
information, data, insider, confi dential, generally accessible, intellectual, non-material, benefi t
Public communications
Reference:
Adukhovsky, G.Y.
Role of the mass media in the process
of pre-election lobbying.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51480
Abstract:
The article includes the analysis of the role of mass media
during the pre-election lobbying when applied to the modern
political system, the author shows the technologies of mass
media lobbying, as well as results of lobbying.
Keywords:
political science, technologies, lobbying, preelection, lobbyism, mass media, electorate, civil, society, state.
Legal and political thought
Reference:
Avanesov, E.Y.
Basic approaches to the term “education
service” and its legal nature.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51481
Abstract:
The article is devoted to general characteristics, specifi c
features and peculiarities of education services, which are
drastically different from other services and goods. The
author analyzes various scholarly opinions on defi nition
of “education service”, singles out peculiarities of its legal
nature, studies the modern condition of education services
as objects of civil law regulation.
Keywords:
jurisprudence, service, education, legislation, civil, institution, entrepreneurial, activity, law, economics.
Legal and political thought
Reference:
Popov, E.A.
The crisis of normative approach to the
modern legal science.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51482
Abstract:
The issue of methodological adequacy of studies in the
sphere of law and norms of law is quite topical for the
modern legal science. The traditional normative approach
cannot substitute for other more reasonable approaches for
the specifi c analysis of phenomena, processes or matters of
law for the methodological purposes. The article is devoted
to the coming crisis of normative approach and some ways
to overcome it.
Keywords:
jurisprudence, law, norm, methodology, methods, legal conscience, discourse, legal relation, object, item.
JUDICIAL POWER
Reference:
Zaytseva, E.A.
The Resolution of the Plenum of the
Supreme Court of the Russian Federation of December
21, 2010 n. 28: expectations and reality.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51483
Abstract:
The article shows the importance of the Resolution of the
Plenum of the Supreme Court of the Russian Federation of
December 21, 2010 n. 28 for the formation of the unifi ed
practice on judicial expertise on criminal law, as well as
the problem of normative regulation of use of specialized
knowledge in the modern conditions, the author enters into
polemics with Professor V.M. Bykov.
Keywords:
jurisprudence, judicial expertise, expert, specialist, position of an expert, the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 21, 2010 n. 28, position of a specialist, study, special knowledge, forms of use of special knowledge
JUDICIAL POWER
Reference:
Bykov, V.M.
Procedure of the supervisory instance
court under the new Law: scientifi c comment.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51484
Abstract:
The article includes comments to the procedure in the supervisory
instance court under the new Federal Law of the
Russian Federation of December 29, 2010 N. 433-FZ. The author shows some questionable issues within this law, and
offers the ways to deal with some shortcomings of this law.
Keywords:
jurisprudence, law, supervisory instance, the Presidium of the Supreme Court of the Russian Federation, supervisory claim, prosecutor’s claim, order of procedure, limits to rights, canceling a court decision, decision of court
Stabilization systems: government control
Reference:
Mikheeva, S.V.
Some problems of implementation of
the special status of the convict.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51485
Abstract:
This article establishes an individual special legal status
of a convict, then the author provides the defi nition of legal
limitations of possible freedoms of a person in his rights,
analyzes the various levels of limitations, depending on
spheres of law.
Keywords:
jurisprudence, convict, limitations, limitation, criminal, status, special, freedom, responsibility, personality.
Stabilization systems: government control
Reference:
Brenner, V.V.
Legal mechanism of regulation of the
activities of insurance mediator
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51486
Abstract:
The article is devoted to a topical issue of insurance law,
that is, to the legal mechanism of regulation of the activities
of insurance mediators. The author provides defi nitions of
legal regulation and mechanism of legal regulation, provides
author’s view on it, as well as the views of modern legislators
on it, as compared with the Russian legal practice, then the
author draws conclusions.
Keywords:
jurisprudence, insurance, mediators, mechanism, regulation, relations, approach, norm, agent
Stabilization systems: fiscal control
Reference:
Bystritskaya, N.Y.
Some specifi c features of the activities
of the compensation fund of self-regulated organization
of court-appointed trustees.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51487
Abstract:
The article is devoted to the peculiarities of functioning of
the compensation fund of the self-regulated organizations of
court-appointed trustees. The author evaluates the issues of
its formation, abilities to provide for keeping and growth of
monetary funds in it, makes a number of offers to make the
norms of legislation on the issue more specific.
Keywords:
jurisprudence, court-appointed trustee, selfregulated organization, compensation fund, investment declaration, system of responsibility, legal status, non-commercial oganization, source of formation of property
Stabilization systems: fiscal control
Reference:
Guseinov, A.O.
Organizational and legal guarantees of
budget control in the constituent subjects of the Russian
Federation (taking the subjects of the Northern Caucasian
Federal District as an example.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51488
Abstract:
The article is devoted to organizational and legal problems
of budget control in the constituent subjects of the Russian
Federation. Due to the lack of unifi ed legal, organizational
and methodological base the budget control in the constituent subjects of the Russian Federation is ineffi cient. The
author provides the ways to solve these problems, taking
the constituent subjects of the Northern Caucasian Federal
District as an example.
Keywords:
jurisprudence, fi nancial law, budget law, state control, budget control, corruption, investments, offence, responsibility
International relations: interaction systems
Reference:
Sidorov, S.A.
Geopolitical position of the Dalnevostochny
Federal District. Problems of development of international
integration.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51489
Abstract:
In this article the author shows important geopolitical
position of the Dalnevostochny Federal District, as having
suffi cient national resources. The author comes to a conclusion
that in the modern situation overcoming the infrastructural
and technological isolation of the region is key
to the strengthening of the position of Russia in the world
economic relations.
Keywords:
political science, geopolitical situation, DFD, resources, integration, stability, globalization, investments, problems, firsthand aims
Authority and management
Reference:
Trofimov, E.V.
Principles of award service.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51490
Abstract:
The article is devoted to the principles of award services. The
authors studies the principles of awards and benefi ts, as provided
in scholarly works and in the legislation. Taking into
account the practice, the author formulates ten principles of
award service, shows their meaning and contents.
Keywords:
jurisprudence, award, principle, business, benefi t, law, autonomy, inter-branch, exclusive, succession
Authority and management
Reference:
Milovidov, O.D.
Peculiarties of positive and negative
regulation of public service in the USA.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51491
Abstract:
The article is devoted to the combination of peculiarities of
normative legal regulation of the institution of public service
in the USA from the point of view of combining negative and
positive regulation, establishing powers and legal status
of public offi cials, application of the Westminster model,
as well as the role of the system of provision of positions
in the effi ciency of the institution of the public service as
such. The author then shows positive and negative features
of proportion of positive and negative means of regulation,
which are used in the USA, then he comes to the conclusion
on effi ciency of specifi c components and the whole complex
of this system of regulation.
Keywords:
jurisprudence, public, service, USA, legal, regulation, specifi c features, positive, negative, Westminster
Law and order
Reference:
Batchaeva, A.A.
On the issue of understanding regional
anti-corruption policy.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51492
Abstract:
The article is devoted to the regional aspect of fi ghting corruption.
Based on terminological analysis the author shows
key elements and provides a defi nition of the term “regional
anti-corruption policy”.
Keywords:
jurisprudence, crime, corruption, fighting, politics, region, regional policy, anti-corruption policy, federal district.
Law and order
Reference:
Chaplygina, A.Y.
Corruption and political regress.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51493
Abstract:
The article is devoted to the problems regarding understanding
place and role of corruption in the political system in
the conditions of transformation. The author views defi nition
and peculiarities of corruption, its roots in the social
conscience and the factors, facilitating the formation of
anti-corruption world view.
Keywords:
political science, political process, corruption, transaction costs, fighting corruption, corruption processes, corruption practices, society, way of life, political degradation
Law and order
Reference:
Ovchinnikov, N.A.
On the issue of principles and requirements
of lawfulness in the activities of the internal
affairs bodies.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51494
Abstract:
The article is devoted to the problems of contents of principles
and requirements of lawfulness in the activities of the
domestic affairs bodies. Evaluation of the contents of the
principles allows one to see a number of problems, regarding
the improvement of activities of the modern Russian
police.
Keywords:
jurisprudence, legality, law and order, guarantees, police, officer, principle, requirements, rule, reasonability
State institutions and legal systems
Reference:
Sabaeva, S.V.
Uniting function of the capital of the
Russian Federation as a symbol of state sovereignty.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51495
Abstract:
The article is devoted to constitutional legal regulation of the
uniting function of the capital of the Russian Federation as
a symbol of state sovereignty. The author establishes topical
and valuable spheres of development of legislation on the
status of the city of Moscow under Art. 70 of the Constitution
of the Russian Federation.
Keywords:
jurisprudence, capital, sovereignty, state, Moscow, symbol, fairness, function, territory, uniting.
State institutions and legal systems
Reference:
Vechkanova, N.V.
Personal rights and freedoms of
an individual in the legal system of the states of Asian
Pacifi c region.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51496
Abstract:
The Constitutions of the states of the Asian Pacifi c region
provide for personal rights and freedoms of a person in the
amount corresponding to the international legal standards
and the states’ obligations towards the international community.
Each state independently establishes the means
of implementation of international legal standards, establishes
a broader list of human rights and freedoms in
its national legislation, broadens the guarantees of their
implementation taking into account the peculiarities of
development of its legal system, cultural and historical
traditions.
Keywords:
jurisprudence, human rights, Constitution, Asian Pacifi c region, personal rights, international standards, legal systems, freedoms, regional standards the ASR states.
Theory
Reference:
Dobrynin, N.M., Gligich-Zolotareva, M.V.
Managing
the development of a federation: applied systemic analysis
in the sphere of state territorial structure. Part 3. Types
of management of development of the federal system.
// Law and Politics.
2011. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51497
Abstract:
This article is the third in the group of articles, which are
devoted to the implementation of the methodology of applied
systemic analysis into the sphere of state and territorial
structure. The article includes classifi cation of types of
government of the development of federal system, among
which there are program management, managing a complicated
system, regulation, structure management, goal
management, management of large systems, management
without the information of fi nal goal. The authors provide
detailed study of nature and peculiarities of those types of
development management, as well as of problems of their
practical implementation. At the same time the article starts
the evaluation of the algorithm of solution for systemic
problems of federalism. The results of it may be used in
practical activities dealing with development management
for the federal system of Russia.
Keywords:
jurisprudence, applied systemic analysis, federation, state construction, development management, constituent subjects of the Russian Federation, delegation of powers, federal goal-oriented programs, classifi cation of types, algorithm of solution.
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