Question at hand
Reference:
Shugrina, E.S.
State stipends and the measures of material support for the
student: their definitions and types.
// Law and Politics.
2012. ¹ 10.
P. 1646-1655.
URL: https://en.nbpublish.com/library_read_article.php?id=51844
Abstract:
This article is devoted to the deÞ nition and types of stipends,
which are paid in accordance with the existing legislation and
under the draft of the Federal Law on Education. The measures
of stipend support are correlated to the measures of social and
material support. The author also studies the measures of
material support, which are provided for the students, whose
education is budget-funded or self-funded (commercial).
Keywords:
jurisprudence, academic stipend, social stipend, education, higher education, material support, social support, typical provisions, stipend support, Bachelor
State institutions and legal systems
Reference:
Lichichan, O.P.
Specific features of norm-making during the transitional
period of the formation of the new constituent subjects of
the Russian Federation.
// Law and Politics.
2012. ¹ 10.
P. 1656-1663.
URL: https://en.nbpublish.com/library_read_article.php?id=51845
Abstract:
This article is devoted to the studies of the procedural aspects
of the formation of the new constituent subjects of the Russian
Federation during their transitional period. The procedure of
law-making and bylaw-making in the new constituent subjects
of the Russian Federation at the transitional period have no
analogy in the modern constitutional legal practice. They differ
both from both the legislative process in the constituent subjects
of the Russian Federation, and the participation of the regional
parliaments in the federal legislative process. The legislative
process in the new constituent subjects of the Russian Federation
in their transitional period can be implemented by three different
ways: application of the normative legal acts of the merging
constituent subjects in the entire territory of the merged subject;
united law-making by the legislative and government bodies of the
merged subjects of the Russian Federation; synchronized normmaking
by the legislative and government bodies of the united
constituent subjects of the Russian Federation. One may single
out Perm, Krasnoyarsk, Irkutsk and Trans-Baikalian models for
the formation of legislation. The speciÞ c sources of legislative
process in the newly formed constituent subjects include treaties
among the legislative (representative) bodies of the merged
subjects, their united Regulations, and the treaties of these bodies
with the high ranking ofÞ cials of the new constituent subjects of
the Russian Federation.
Keywords:
jurisprudence, federal structure, formation of the new subjects of the Russian Federation, enlargement of the constituent subjects of the Russian Federation, merging the constituent subjects of the Russian Federation, transitional period for the new constituent subjects, legislative process, united law-making, the Federal Constitutional Law, application of normative legal acts of the merged subjects.
State institutions and legal systems
Reference:
Aliev, Mais Nabi
Some issues of development of legislation on occupation
and employment in the Azerbaijan Republic.
// Law and Politics.
2012. ¹ 10.
P. 1664-1668.
URL: https://en.nbpublish.com/library_read_article.php?id=51846
Abstract:
This article includes analysis of some issues regarding
development of legislation on occupation and employment
in the Republic of Azerbaijan. The author analyzes the
Constitution of the Republic of Azerbaijan, international acts,
and the legislation of the Republic of Azerbaijan on occupation
and employment. It is noted that there is need to improve the
legislation on occupation and employment, namely, to codify
the numerous norms on legislation and to Þ ll the gaps in legal
regulation. The author offers to include a separate chapter on
employment into the Labor Code of the Republic of Azerbaijan.
Keywords:
jurisprudence, occupation, labor, legislation, law, international, Charter, organization, contracts, contract.
Transformation of legal and political systems
Reference:
Sabitov, M.R., Shkel, S.N.
The mass political protest in modern Russia: dynamics of
development and specific features.
// Law and Politics.
2012. ¹ 10.
P. 1669-1675.
URL: https://en.nbpublish.com/library_read_article.php?id=51847
Abstract:
The article includes analysis of the dynamics of the protest
activities in the post-Soviet Russia. The author offers to single
out Þ ve key periods of the protest movement. Much attention
is paid to the analysis of the period from 2005 to 2011 from
the point of view of establishing the sources, factors and key
determining issues, which laid grounds for the mass political
mobilization and a wave of civil protest at the current stage.
Then the author points out the key characteristic features
and speciÞ c forms of protest activities of the Russians at the
current stage. Then the conclusion is made that the protesting
people of the current period formed speciÞ c post-modernist
requirements, which go beyond material and economic values.
The character of social deprivation went beyond the economic
framework, and it became impossible to solve the problems by
purely economic means. The specter of protest requirements
objectively related to the political and governmental relations,
and it inevitably caused social and structural prerequisites for
the mass political process, which one could observe during the
election cycle of 2011 2012.
Keywords:
political science, protest, politics, participation, citizens, government, mobilization, society, dynamics, actions
Transformation of legal and political systems
Reference:
Stanchik, S.S.
The youth organizations as a force source for the colored
revolutions.
// Law and Politics.
2012. ¹ 10.
P. 1676-1679.
URL: https://en.nbpublish.com/library_read_article.php?id=51848
Abstract:
The colored revolutions in the post-Soviet territory were successful
mostly thanks to use of the youth organization by the revolutionary
opposition in order to throw down the ruling group. The goal of
this article is to show how schoolchildren and students become
weapons in the arms of the revolutionaries. It should be noted
that the so-called non-violent turnovers, which took place
in the former USSR republics are quite similar to the velvet
revolutions of 1989/ It was to a great extent thanks to the youth,
that the opposition had managed to throw down the Communism
in some Eastern European states. In particular, during the
revolution in 2000 in Serbia the youth organization Otpor
has became the force source, which the oppo sition used to get
rid of Slobodan Milosevic. The organizers of the colored riots
took much from the experience from their velvet colleagues.
The student movements Kmara, Pora! and Kel-Kel were
modeled similarly to the Serbian Otpor. The members of the
youth groups took part in various street protest actions. They were
the backbone for the angry mob of demonstrators, they managed
and coordinated the crowd. During the orange revolution in
the Ukraine the movement Pora! organized tent camps and
guaranteed order and security in them. The organizers of the
colored revolutions used the youth, since the youth can be
easily manipulated. The students and the schoolchildren due to
lack of experience in life are ready to do whatever they are told
to do for the questionable revolutionary ideals. Therefore, one
may come to the conclusion that the youth organizations became
the key instrument for the facilitation of riots and revolutions in
Georgia, Ukraine, and Kirgizia.
Keywords:
political science, revolution, colored, orange, youth, student, opposition, anti-Government, manipulation.
JUDICIAL POWER
Reference:
Nikiforova, A.V.
Judicial system: Influence of the acts by the constitutional
justice bodies on the development of the municipal law.
// Law and Politics.
2012. ¹ 10.
P. 1680-1694.
URL: https://en.nbpublish.com/library_read_article.php?id=51849
Abstract:
In this article the author studies the development of the municipal
law by the decisions of the constitutional justice bodies in the
Russian Federation in the sphere of territorial organization of
municipal government, institutions of direct democracy at the
local level. As a result of these studies, the author comes to a
conclusion that the municipal law (both as a branch of law, and
as a branch of science) has been developing and improving, and
it retained certain balance between the legislation on municipal
self-government, the practice of its application and the theory
of municipal law, which was to a considerable degree thanks
to the decisions of the constitutional justice bodies. Namely,
it was thanks to the conclusions in the resolution part of the
decisions, which recognized as unconstitutional some legal
provisions on municipal self-government, as well as to the
recommendations to the federal, regional and local legislators on the need of legislative regulation of certain social relations
in the sphere of municipal self-government in order to avoid
collisions and Þ ll the gaps in the legislation on municipal
self-government, as well as in order to protect the rights for
municipal government. Generally, they helped to bring federal
and regional legislations into accord. Not being limited to this
role, the legal positions of the constitutional justice bodies
also provided information and knowledge for the science of
municipal law, showed the acceptable and correct application
of the norms in the sphere of municipal self-government,
facilitated the general understanding in the sphere of municipal
law, which is necessary in order to involve the citizens into the
implementation of municipal government.
Keywords:
jurisprudence, understanding of law, decisions, science, application of law, inß uence, development, law, municipal, position.
Law and order
Reference:
Malakhova, M.A.
Specific features of disciplinary responsibility of the
territorial public service officers in France.
// Law and Politics.
2012. ¹ 10.
P. 1695-1700.
URL: https://en.nbpublish.com/library_read_article.php?id=51850
Abstract:
The article is devoted to the analysis of legislation of the Republic
of France, which regulates the disciplinary responsibility of
the territorial public ofÞ cials, in particular, its procedure and
sanctions, as well as procedural guarantees and control over the
application of disciplinary responsibility measures. The author
studied the laws of the French Republic and other legislative
acts on disciplinary responsibility of the public service ofÞ cials,
which were accepted during last 25 years. The French legislation
lacks the deÞ nition of the disciplinary offence, it is viewed as
a violation of one of professional or deontological obligations,
as prescribed by the General Statute on Public Service or the
judicial practice. It should also be noted that the disciplinary
offence of a public servant may be constituted by his behavior
in his private life, such as alcoholism or drunk driving. There is
a scale of disciplinary punishment for the territorial ofÞ cials,
and the application of disciplinary punishment is very strictly
regulated. It includes the obligatory study of the dossier of an
accused ofÞ cial by that ofÞ cial, his ability to use representatives
of his choice, obligatory report of the disciplinary council
(which is not obligatory for the territorial ofÞ cials). Under
the Law N 94-1134 of 27.12.1994 the Departmental and Inter-
Departmental Appeals Disciplinary Councils are formed, and
they serve as an appellate instance. Accordingly the application
of disciplinary responsibility to the territorial public service
ofÞ cials in France is characterized by a number of procedural
guarantees and double control by the judiciary, which may end
up in the disciplinary sanction being cancelled. In spite of lack
of legislative deÞ nition of the disciplinary offence the French
legislation includes a clear scale of disciplinary sanctions.
Keywords:
jurisprudence, territorial service, control, sanctions, offence, punishment, advise, guarantees, investiga tions, public servant.
Law and order
Reference:
Popov, E.A.
Specific features of the activities of the services, acting
against narcotic addictions of the people.
// Law and Politics.
2012. ¹ 10.
P. 1701-1706.
URL: https://en.nbpublish.com/library_read_article.php?id=51851
Abstract:
The problem of the narcotic addition of the people draws
attention of many social and humanitarian sciences and
disciplines, the forensic science, medicine and social science
being among the most prominent ones. The article is devoted to
the social aspect of the problem, related to the speciÞ c features
of the activities of various services, which Þ ght narcotic
addictions of the people in Russia. The article includes the
variety of expert opinions, which establish the grounds for
the efÞ cient or inefÞ cient activities of such services. The key
conclusion is that there is need to provide such services with a
special social and legal status.
Keywords:
jurisprudence, narcotization, dependency, society, counter-measures, narcotic drug consuming, abuse, healing, rehabilitation.
Transnational interests
Reference:
Erpyleva, N.Y.
International civil process: institutional normative mechanism
of legal regulation.
// Law and Politics.
2012. ¹ 10.
P. 1707-1750.
URL: https://en.nbpublish.com/library_read_article.php?id=51852
Abstract:
This article includes the key elements of the institutional and
normative mechanism of the international civil process as a
key object of the international procedural law, together with
the international commercial arbitration. The international
procedural law is a branch of the international private law,
which is formed with the norms of national legislation and
international treaties, which regulate procedural relations
with a foreign element, that is the international procedural
relations. The object of international civil procedural law
is the procedural relations regarding the international
commercial disputes in the state courts of different states. The
key elements of the international civil process are analyzed in
this article from the point of view both the national legislation
and the international treaties (both bilateral and multilateral).
They include court jurisdiction on international commercial
disputes, application of injunctions on civil cases and trade
cases with a foreign element, provision of international legal
aid, including recognition and implementation of the foreign
judicial decisions.
Keywords:
jurisprudence, law, the law, treaty, process, claimant, respondent, court, decision, appeal.
International security systems
Reference:
Todorov, A.A.
The territorial element of the crime of piracy under the
criminal law of Russia and foreign states.
// Law and Politics.
2012. ¹ 10.
P. 1751-1759.
URL: https://en.nbpublish.com/library_read_article.php?id=51853
Abstract:
This article is devoted to the analysis of the place where the crime
of marine piracy was committed as an element of this crime. The
legal basis for this study is Art. 15 of the Geneva Convention on
the High Seas of 1958 (hereinafter referred to as the Geneva
Convention), Art. 101 of the UN Convention on Maritime Law of 1982 (hereinafter referred to as the Convention of 1982), as
well as the criminal law of Russia and some foreign states, in
some of which which in accordance with the international law
the domestic legislation provides for the possibility of piracy
only in the open sea, and in some the crime of piracy is not
territorially limited. As a result of his study the author comes to
a conclusion that the dominating position on the imperfections
of the Russian norm on piracy in its territorial aspect and the
calls to bring the Art. 227 of the Criminal Code of the Russian
Federation into compliance with the international law lack due
ground, since the international law and national legislations
are set for fulÞ lling different goals. The international legal
deÞ nition of piracy is aimed to coordinate the international
Þ ght against it, so it limits its territorial range to the open sea,
which is due to the international principle of sovereignty of the
states on their territories. The national laws do not need such a
territorial limitation.
Keywords:
jurisprudence, piracy, international law, the UN Convention on Maritime Law, open sea, territorial sea, criminal legislation, attack, sovereignty, security.
Stabilization systems: fiscal control
Reference:
Voinova, L.E.
Financial guarantees of the Ministry of Domestic Affairs
of Russia as a direction of budgetary activity of the state.
// Law and Politics.
2012. ¹ 10.
P. 1760-1767.
URL: https://en.nbpublish.com/library_read_article.php?id=51854
Abstract:
The state management of the public Þ nancial resources is
deÞ ned by the budget policy, as a part of Þ nancial policy.
It is currently aimed for budget de-centralization, while the
budgeting of the Ministry of Domestic Affairs of the Russian
Federation and other Þ scal organizations tends t budget
centralization. The variety of activities of the structural
divisions of the MDA of the Russian Federation in the sphere
of national security and law-enforcement activities directly
depends on budget Þ nancing and requires Þ nancial and regal
regulation, which would correspond to the modern level of
social development. The budget guarantees of the activities
of the MDA is related to the formation and spending of the
centralized funds of Þ nancial resources, which are necessary
for the normal functioning and development of the divisions of
the domestic affairs bodies and the entire system.
Keywords:
jurisprudence, Budget Address of the President of the Russian Federation, budget policy, decentralization, centralization, guarantees, budget, the MDA of Russia, Þ scal institutions, decentralization policy, budget guarantees of the MDA of Russia.
Legal and political thought
Reference:
Vasiliev, A.A.
State and legal views of the protective state-supporters
Pobedonostsev, K.P., Katkova, M.N.
// Law and Politics.
2012. ¹ 10.
P. 1768-1773.
URL: https://en.nbpublish.com/library_read_article.php?id=51839
Abstract:
The article is devoted to a topical issue of the state-related and
legal views of the Russian protective state-supporting thinkers K.P. Pobedonostsev, M.N. Katkov. The author tried to avoid a
negative approach to a conservative legal thought, which still
dominates in the Russian legal studies. The article shows strong
points of the teachings and inß uence of K.P. Pobedonostsev
and M.N. Katkov on the Russian political and legal practice in
late XIX century. The author viewed the teachings on protected
autocracy showed the inß uence of the protective legal doctrine as
a source of Russian law during the rule of Tsar Alexander the III.
Keywords:
jurisprudence, conservatism, protective, reaction, stability, succession, autocracy, tradition, custom, order.
Jurisprudence
Reference:
Knyaginina, N.V.
State and property. Institutional approach.
// Law and Politics.
2012. ¹ 10.
P. 1774-1780.
URL: https://en.nbpublish.com/library_read_article.php?id=51840
Abstract:
The article provides grounds for the renewed studies of the
state as a subject of proprietary rights within the framework
of theory of state a law, which is due to the practical need and
lack of the fundamental models in the civil law at the time of
the growing social dynamics in the society. In order to achieve
it, the author offers the institutional approach, where the state
is viewed as a system of relations, and the author singles out
the speciÞ c features of the state as an owner of property.
Keywords:
jurisprudence, state, property, subject, model, deÞ - ni tion, institutional approach, theory, perspectives.
Jurisprudence
Reference:
Konyshev, K.E.
On the issue of contents of the right to judicial protection.
// Law and Politics.
2012. ¹ 10.
P. 1781-1784.
URL: https://en.nbpublish.com/library_read_article.php?id=51841
Abstract:
The author studies the contents of the constitutional right of an
individual and citizen for the judicial protection. The author
attempts to prove, that the right for the judicial protection
contains several elements, such as the right to address a
claim in court (address for protection), the right to have the
case resolved by the court with a Þ nal decision, the right to
challenge the decisions which did not come into force into
a higher court (the right for appeal) and the right for the
implementation of the judicial decision.
Keywords:
jurisprudence, law, judicial, protection, contents, Constitution, claim, challenging, element, review, guarantees.
Practical law manual
Reference:
Skornyakov, A.V.
Some specific features of application of additional punishment
in case of cumulative crimes.
// Law and Politics.
2012. ¹ 10.
P. 1785-1788.
URL: https://en.nbpublish.com/library_read_article.php?id=51842
Abstract:
The article is devoted to the problems of application of norms of
criminal law, which regard the absorbtion of punishment, partial or
non-partial addition of punishment (cumulative sentence) in cases
on cumulative crimes. The author stresses the goals of the institution
of additional punishment in order to establish their value for the
achievement of the result of punishment in general, and in cases
of cumulative crimes in particular. The author analyzes various
points of view and legislative norms on the establishment of the Þ nal
additional punishment in cases where the cumulative crimes took
place. The issue of inclusion and adding up similar and differing
additional punishment is being studied based on the practical
examples. Then the author offers a different interpretation of the part
2 of the Art. 71 of the Criminal Code of the Russian Federation and
then offers to provide for independent implementation of different
types of additional punishments in cases of combination of crimes.
Keywords:
combination of crimes, additional punishment, cumulative punishment, absorbtion of punishments, the punish ment of different types, the principle of individualization of punish ment.
Practical law manual
Reference:
Zakharova, E.S.
The institution of pledge in accordance to the Russian
legislation.
// Law and Politics.
2012. ¹ 10.
P. 1789-1794.
URL: https://en.nbpublish.com/library_read_article.php?id=51843
Abstract:
The article includes analysis of the modern status of the
institution of pledge in Russia, to the legal regulation of the
pledge relations, as well as the problems regarding claims
for the pledged property by the creditor. The author views
the position of legal scholars, who relate the pledge to either
property law or to the obligation law with the elements of
property law, then she gives her opinion on the issue. The
author also views the important characteristic features of the
mortgage and key provisions for the mortgage contract.
Keywords:
jurisprudence, mortgage, mortgage relations, deal, contract, claiming, foreclosure, seisure, mortgaged property, right to claim, proprietary rights, legal ownership.