Theory
Reference:
Dobrynin, N.M., Gligich-Zolotareva, M.V.
Managing the development of the federation: applied systemic analysis in the sphere of state and territorial structure. Part 4. Algorithm of solutions for systemic problems of federalism.
// Law and Politics.
2011. ¹ 9.
P. 1414-1430.
URL: https://en.nbpublish.com/library_read_article.php?id=51578
Abstract:
This article is the last one in the cycle of articles, which are devoted to the introduction of methodology of applied systemic analysis into the sphere of state and territorial structure. This article includes an algorithm of solutions for systemic problems of federalism with detailed descriptions of each stage: fixation, diagnostics, list of stake-holders, establishing the “problem mess”, establishing the configurator, establishing goals, establishing criteria, experimental studies, formation and improvement of a model, generation of alternatives, decision-making and implementation of improving influence. The article also regards some issues on participation of subjects of the federation in management of development of the federation, as well as on place of applied systemic analysis in the system of legal and scientific knowledge.
Keywords:
jurisprudence, competence, applied systemic analysis, federation, federalism, state building, development management, separation of powers, strategic planning, monitoring of a application of law.
State institutions and legal systems
Reference:
Ivanin, D.S.
On the issue of role of the Constitution of the Russian Federation in defining the priorities of the budget policy.
// Law and Politics.
2011. ¹ 9.
P. 1431-1435.
URL: https://en.nbpublish.com/library_read_article.php?id=51579
Abstract:
The article is devoted to establishing the degree of influence of constitutional legal norms on the formation of state budget policy. The author analyzes the state of legal regulation of the process of establishing the priorities of the budget policy of the Russian Federation as a social state. Based on this legislation, the author provides his evaluation of the role of the President of the Russian Federation in the budget process. The author then offers to form legal prerequisites for the improvement of the financial mechanism of implementation of the constitutional principles of social state in legal regulation of priorities of budget policy in the Russian legislation.
Keywords:
jurisprudence, Constitution, social, state, budget, policy, President, address, priorities, principles.
Transformation of legal and political systems
Reference:
Moskalev, A.E.
Youth opposition in the modern Russia: political and legal status, problems, tendencies and perspectives of development.
// Law and Politics.
2011. ¹ 9.
P. 1436-1445.
URL: https://en.nbpublish.com/library_read_article.php?id=51580
Abstract:
The article contains analysis of political and legal positions of oppositional youth associations in Russia and characteristics of key tendencies of their development at the current stage. Problems and perspectives of youth opposition are viewed based on expert polls. The author notes that key problems of youth opposition are lack of correlation between the real actions and announced political goals, lack of popularity of opposition ideas among the youth, lack of finances.
Keywords:
political science, opposition, youth, leader, Parliament, association, organization, movement, society, process.
Transformation of legal and political systems
Reference:
Mamedov, Z.A.
Topical problems of Azerbaijan notary service.
// Law and Politics.
2011. ¹ 9.
P. 1446-1453.
URL: https://en.nbpublish.com/library_read_article.php?id=51581
Abstract:
This article is devoted to the law of the Azerbaijan Republic “On notary profession” and other normative legal acts, related to the notariate. The author considers that it is reasonable to change the wording of the Art. 74 p.4 of this Law to provide that for notarial certification of deals, regarding disposing of immovable property costing more than 20 000 manat, the parties are obliged at the time of payment to move money to the deposit account, which is opened by a notary or to the bank account of a seller. The article includes other ideas on marking notary profession more prestigious, the author also provides some notes on the history of the new law “On notary profession” in early XXI century.
Keywords:
jurisprudence, problem, law, notary, notariate, management, deal, fee, manta, facsimile.
State institutions and legal systems
Reference:
Trofimov, E.V
The role of award procedure in the structure of legal process and reward procedure.
// Law and Politics.
2011. ¹ 9.
P. 1454-1464.
URL: https://en.nbpublish.com/library_read_article.php?id=51582
Abstract:
The article is devoted to the study of award procedure as a special type of legal process. The author analyzes scientific approaches to defining the place of award procedure within the structure of administrative process, establishes the insufficiency of the term “reward procedure” as characterizing the entire variety of procedural matters, and offers his own view on the contents of award procedure and its place in the structure of reward procedure.
Keywords:
jurisprudence, award, reward, procedure, process, structure, classification, administrative, public, legal.
Law and order
Reference:
Gornichar, G.M.
Gaps in Art. 230 of the Criminal Code of the Russian Federation: inducement into taking narcotic and psychedelic drugs.
// Law and Politics.
2011. ¹ 9.
P. 1465-1469.
URL: https://en.nbpublish.com/library_read_article.php?id=51583
Abstract:
The article includes analysis, which supports the need to amend Art. 230 of the Criminal Code of the Russian Federation, which established criminal responsibility for inducement into taking narcotic and psychedelic drugs. Modern drug policy requires legislative and other changes in order to uncover such a specific form of criminal behavior. In this article the author supports the position, under which this crime should be regarded as committed in case when it leads to actually taking a drug. The attitude requires factual consumption of narcotic, psychedelic and intoxicating substances, and unity of actions of a criminal and a person, who consumes these substances as a complex deed of two persons. Based on this approach the author offers to change the wording of Art. 230 of the Criminal Code of the Russian Federation.
Keywords:
jurisprudence, gaps, inducement, drugs, drug addiction, consumption, turnover, inducement, anti-social.
Law and order
Reference:
Moskovoy, V.V.
Confiscation of property as other means of criminal law character: some problems of theory and legislative expression.
// Law and Politics.
2011. ¹ 9.
P. 1470-1476.
URL: https://en.nbpublish.com/library_read_article.php?id=51584
Abstract:
Topicality of this study is due to the fact that confiscation of property as a criminal law measure is a new institution of criminal law and its new status causes much dispute among the scientists, as well as many problems in its implementation, which are due to the very construction of this institution of the criminal law. Much attention is devoted to the issue of the necessity of this institution in the Russian law. It is then noted, that this institution has many years of history, the author then provides analysis of various points of view on this issue. The article includes analysis of the foreign experience, which in the author’s point of view, has influenced the current status of confiscation of property as an other measure of criminal law.
Keywords:
jurisprudence, confiscation, property, goal, prevention, seizure, private, general, problem.
JUDICIAL POWER
Reference:
Bykov, V.M.
The Decree of the Plenum of the Supreme Court of the Russian Federation on the judicial practice on criminal cases for extremist crimes: scientific commentary.
// Law and Politics.
2011. ¹ 9.
P. 1477-1484.
URL: https://en.nbpublish.com/library_read_article.php?id=51585
Abstract:
The article is devoted to the new Decree of the Plenum of the Supreme Court of the Russian Federation of June 28, 2011 n.11 “On judicial practice in criminal cases on extremist crimes”. The author provides the general contents of the Decree, then points out some questionable positions and shortcomings. While treating the new Decree as a whole positively, the author thinks that is should be amended.
Keywords:
jurisprudence, crime, extremism, public calls, criminal responsibility, extremist community, organized group, qualification, responsibility, leader.
JUDICIAL POWER
Reference:
Lyashkov, S.V.
Influence of the Decrees of the Plenum of the Supreme Court of the Russian Federation on legal regulation of activity of the subjects of civil judicial procedure.
// Law and Politics.
2011. ¹ 9.
P. 1485-1491.
URL: https://en.nbpublish.com/library_read_article.php?id=51586
Abstract:
The article is devoted to the influence of the Decrees of the Plenum of the Supreme Court of the Russian Federation onto the legal regulation of the activities of the subjects of the civil judicial procedure. The author views this problem, providing
detailed analysis of provisions of some such Decrees, giving a number of examples. At the end, the author comes to a conclusion on a considerable role of the Decrees in avoiding gaps and contradictions in the legislation, supporting and facilitating the unified approach to definition and legal positions.
Keywords:
jurisprudence, regulation, the Supreme Court, civil, law, court, practice, source, legislation, activity.
JUDICIAL POWER
Reference:
Brezhnev, O.V.
Reform of the constitutional justice in Russia in 2009 – 2010: some results and perspectives.
// Law and Politics.
2011. ¹ 9.
P. 1492-1499.
URL: https://en.nbpublish.com/library_read_article.php?id=51587
Abstract:
In 2009 – 2010 the Russian legislators made a number of decisions, regarding a reform of the constitutional justice. The article is devoted to the most important changes, regarding the new procedure for assignment of the Chairman and vice-Chairmen of the Constitutional Court of the Russian Federation, grounds and procedure for the pre-term dismissal from the position, abolishment of the Chambers of the Constitutional Court, changes in the conditions for the acceptability and procedure of review of complaints of citizens and requests of courts by the Constitutional Court, as well as introduction of a novel form of procedure without actual hearing. Based on historical and comparative legal studies, the author shows positive and negative elements of legal regulation of judicial constitutional control in Russia, then the author points out the most important tendencies, as reflected in the modern approaches to organization and competence of the Constitutional Court of the Russian Federation.
Keywords:
jurisprudence, judicial, constitutional, control, justice, judicial procedure, status, complaint, request, procedure.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Gurbanov, R.A.
Subjects of cooperation of judicial bodies of the EU member states in the sphere of criminal justice.
// Law and Politics.
2011. ¹ 9.
P. 1500-1508.
URL: https://en.nbpublish.com/library_read_article.php?id=51588
Abstract:
The article includes analysis of organization of cooperation between judicial bodies of the EU member states in the sphere of criminal justice. The author reviews the institutions of the European law, which facilitate the ties among the judicial and investigative bodies of the Member States, as well as the key element of such cooperation – the Eurojust.
Keywords:
jurisprudence, European law, combined investigative groups, the European judicial network, the Eurojust. The magistrates on relations, judicial bodies of the EU Member States, law-enforcement bodies of the Member States, European Law, cooperation.
XXI century International law
Reference:
Smbatyan, A.S.
Is there need to “save” the system of international judiciary from fragmenting?
// Law and Politics.
2011. ¹ 9.
P. 1509-1513.
URL: https://en.nbpublish.com/library_read_article.php?id=51589
Abstract:
Lack of hierarchy in the system of international judiciary reflects specific features of international law, which is initially fragmented. The attempts to form a hierarchy by heightening the status of the ICJ, as well as “division of labor” would lead to the leveling of the very meaning of international justice.
Keywords:
jurisprudence, fragmenting, diversification, system, judiciary, justice, hierarchy, international, law, precedents.
International relations: interaction systems
Reference:
Sidorov, S.A.
The concept of national security of the People’s Republic of China within the context of international and national security of the Russian Federation.
// Law and Politics.
2011. ¹ 9.
P. 1514-1524.
URL: https://en.nbpublish.com/library_read_article.php?id=51590
Abstract:
In this article the author shows the key principles of national strategy of China within the context of internnational and national security of the Russian Federation. The author notes that currently the relations between the Russian Federation and the People’s Republic of China include strategic partnership in many issues of international cooperation. At the same time an American factor influences the relations between these states.
Keywords:
political science, People’s Republic of China, strategic partnership, co-development, priorities, various vectors.
History of state and law
Reference:
Akmanov, S.S.
Retrospective potential of exemplary Ustavs of the collective farms in the sphere of regulation of credit relations at the time of the Soviet Perestroika.
// Law and Politics.
2011. ¹ 9.
P. 1525-1534.
URL: https://en.nbpublish.com/library_read_article.php?id=51591
Abstract:
The article is devoted to the retrospective aspects of functioning of the collective farms based on the Exemplary Ustave of the Collective Farm of 1988 in the conditions of the Soviet Perestroika. The author studies its role in the regulation of credit relations of collective farms as co-operative organizations, then he pays attention to the agricultural entities of untypical structure, such as agricultural firms, integrated plants, which included various financial credit and calculation centers. The author also views credit relations between the agricultural entities and the institutions of the Agroprombank of the USSR. For the first time, attention is paid to the credit relations of the primary cooperatives and the coophoz. The author then provides a retrospective evaluation of the normative acts, which regulated credit relations with the participation of collective farms at the time of the Soviet Perestroika.
Keywords:
jurisprudence, financial, credit, integrated plant, agricultural firm, retrospective, coophoz, Perestroika, the Exemplary Ustav of the Collective Farm of 1988, financial and calculation center, Agroprombank.
History of state and law
Reference:
Voroshilova, S.V.
Legal position of women in Russia (XIX – early XX centuries).
// Law and Politics.
2011. ¹ 9.
P. 1535-1542.
URL: https://en.nbpublish.com/library_read_article.php?id=51592
Abstract:
The article is devoted to the peculiarities of civil law position of women, as well as to the position of women in the sphere of public law, as well as position of women in the sphere of custom law in XIX – early XX centuries.
Keywords:
jurisprudence, women, law, inheritance, marriage, factory legislation, elections, women convicts, exile, prison.
History of state and law
Reference:
Khanin, D.I.
On the issue of periods of development of the political elite in Russia.
// Law and Politics.
2011. ¹ 9.
P. 1543-1550.
URL: https://en.nbpublish.com/library_read_article.php?id=51593
Abstract:
The article is devoted to the topical issues of formation, functioning and development of the elite groups, ruling groups and their opponents at various times of political construction of Russia. The author then comes to a conclusion that the processes of following periods: fall-apart of the Party state system, privatization of state-owned enterprises, renewal of managing structures and legitimacy of formation of legislative and representative bodies and executive bodies of the Russian statehood
greatly influenced the character of the political elite of Russia, its style of activity and ways of recruiting.
Keywords:
political science, state, power, elite groups, periods, Bolsheviks, party, revolutionaries, recruiting, elections.
Legal and political thought
Reference:
Kembaev, Zh.M.
The idea of the United States of Europe in political and legal thought of V.I. Lenin and L.D. Trotsky.
// Law and Politics.
2011. ¹ 9.
P. 1551-1557.
URL: https://en.nbpublish.com/library_read_article.php?id=51594
Abstract:
This article includes comparative analysis of political and legal views of V.I. Lenin and L.D. Trotsky regarding the formation of the United States of Europe. The article reflects development of this idea in the works of both leaders of international Communist movement, and shows the reasons for disputes among them regarding the ways of development of the Socialist revolution and uniting the states of Europe and finally the world into one organization. The author shows the reason why Lenin was critical towards this idea, and he also shows the position of Trotsky in favor of the USE.
Keywords:
jurisprudence, V.I. Lenin, L.D. Trotsky, I.V. Stalin, USSR, October revolution, the theory of “permanent revolution” history of the European integration, the United States of Europe, history of legal and political thought.
Legal and political thought
Reference:
Nazmutdinov, B.V.
Ideological and historical bases of political and legal views of the Eurasians.
// Law and Politics.
2011. ¹ 9.
P. 1558-1575.
URL: https://en.nbpublish.com/library_read_article.php?id=51595
Abstract:
The article is devoted to ideological and historical context of formation of the political and legal views of Russian Eurasianism. The author shows the process of adoption of the ideas of nationally-oriented authors and various European philosophical schools by the Eurasians. By analyzing the key ideas of the Eurasians on state and law, one can see a gap between their relativist and universalist attitudes, which led to failure of political Eurasianism both in theory and in practice.
Keywords:
jurisprudence, axiology, geopolicy, Eurasianism, ideocracy, lawful obligation, legal cognition, Slavophilism, phenomenology, value.
Practical law manual
Reference:
Ulyanova, E.G.
Mechanism of the subsidiary responsibility of public-law entities on the obligations of legal entities which were formed by them: problems of implementation.
// Law and Politics.
2011. ¹ 9.
P. 1576-1582.
URL: https://en.nbpublish.com/library_read_article.php?id=51596
Abstract:
This article is devoted to the topical legal problems of levying execution onto the property of public law entities via subsidiary responsibility on the obligations of legal entities which were formed by the PLE. The author shows the mechanism of bringing public owners to subsidiary responsibility and some practical aspects of its implementation, analyzes judicial practice and gives ideas on improvement of certain spheres of legislation.
Keywords:
jurisprudence, subsidiary responsibility, public law entities, budget institutions, autonomous institutions, fiscal institutions, right of operative management, fisc, collection.
Anthropology of law
Reference:
Gulyaikhin, V.N.
Secondary legal socialization of a person.
// Law and Politics.
2011. ¹ 9.
P. 1583-1590.
URL: https://en.nbpublish.com/library_read_article.php?id=51597
Abstract:
The article is devoted to the secondary legal socialization. It is devoted to the psychosocial problems of evolution of a grown-up person as a subject of law. The author comes to a conclusion that humanism should be the key principle of socialization of a person, which would establish his or her absolute value and priority of human rights to express creative abilities, freedom and happiness.
Keywords:
jurisprudence, legal socialization, secondary socialization, legal conscience, legal culture, values, legal order, psychosocial, crisis, humanism, individual.
Anthropology of law
Reference:
Petruchak, L.A.
Legal socialization of students of law schools.
// Law and Politics.
2011. ¹ 9.
P. 1591-1597.
URL: https://en.nbpublish.com/library_read_article.php?id=51598
Abstract:
The article is devoted to the analysis of the peculiarities of legal socialization of the law school students, as well as to the value of legal education of future lawyers at the current stage of development of the society. Topicality of this study is supported by the newly adopted Bases of State Policy of the Russian Federation in the sphere of legal literacy and legal conscience of the citizens and by the transfer of professional legal education to the new Federal State Education Standards, which support the formation of the legal personality.
Keywords:
jurisprudence, legal socialization, legal culture, legal conscience, legal education, professional legal education, legal personality, general cultural competences, legal self-education.
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