State institutions and legal systems
Reference:
Fedorets, M.N.
Some thoughts on the formation of federalism in the
modern Russia.
// Law and Politics.
2012. ¹ 11.
P. 1806-1815.
URL: https://en.nbpublish.com/library_read_article.php?id=51855
Abstract:
The article is devoted to the issues of distinguishing the
objects of competence and separation of powers between
the Russian Federation and its constituent subjects. The
author uncovers the problems of distinguishing powers
within the spheres of shared competence, then offers the
ways to improve the existing mechanism for separating
federal and regional spheres of competence. The reforms
of the municipal government are meant to optimize the
existing system of relations between the state government
bodies and the municipal government.
Keywords:
jurisprudence, the Constitution of the Russian Federation, federation, jural state, constituent subjects of the Russian Federation, federalism, reforms, law, competence, state government bodies.
State institutions and legal systems
Reference:
Erpyleva, N.Y., Filimonov, K.V.
Liquidation of the Russian credit organization
(novel features in the legal regulation).
// Law and Politics.
2012. ¹ 11.
P. 1816-1828.
URL: https://en.nbpublish.com/library_read_article.php?id=51856
Abstract:
This article is devoted to the problems of modern legal
regulation in the sphere of liquidation of Russian credit
organizations. The authors single out three types of
liquidation of the credit organizations as subjects of the
Russian banking system: voluntary liquidation (liquidation
of a credit organization based on the initiative of its
founders (participants); involuntary liquidation on the
initiative of the Bank of Russia, and the involuntary
liquidation as a part of bankruptcy. The authors provide
detailed analysis of the various types of normative legal
acts, which regulate the procedure and grounds for
liquidation of the credit organizations, which include civil,
banking and procedural legislation. Much attention is paid
to establishing the factors, which serve as preconditions
for the choice of certain form of liquidation of a credit
organization as a legal entity. A specific aspect of the
work was analysis of the grounds for annulment and recall
of the license for the banking operations by the credit
organizations, the author shows their legal consequences.
The authors also point out the role of the Deposit Insurance
Agency, which serves as a bancruptcy manager within the
bankruptcy procedure of the credit organizations.
Keywords:
jurisprudence, bank, license, liquidation, participant, creditor, bankruptcy, recall, annulment.
Transformation of legal and political systems
Reference:
Kolobova, G.A.
The political regime as a key determining feature for the
development of the system of political state mechanisms
for the regulation of the post-Soviet Russian economy.
// Law and Politics.
2012. ¹ 11.
P. 1829-1837.
URL: https://en.nbpublish.com/library_read_article.php?id=51857
Abstract:
The political regime can be viewed as a combination of
specific features of functioning of the Russian government,
and it form the prerequisites for the development,
configuration and specific features of the national system
of political and state mechanisms for the regulation of
economics, which includes basic and special subsystems.
The author states that the changes in the political regime
cause the transformation of the political mechanisms,
which the state uses in the economic sphere.
Keywords:
polit ical science, social and polit ical determining, political regime, economics, political and economic transformation, state strategy, state policy, political and state mechanisms, basic mechanisms, specific mechanisms.
Transformation of legal and political systems
Reference:
Poteryaiko, L.E.
Innovative legislative initiatives in the sphere
of regulation in the market of donated blood.
// Law and Politics.
2012. ¹ 11.
P. 1838-1843.
URL: https://en.nbpublish.com/library_read_article.php?id=51858
Abstract:
The article is devoted to the topical issues of the
development of processes of regulation of access to the
donated blood and its components within the framework
of the innovative forms of the federal legislation. The
author presents the measures, which implement the
complex protection of the rights of people. The Federal
Law of November 21, 2011 N 323 established new legal,
organizational and economic bases for the protection of
health of people, reviewed the powers of the government
bodies, regional government bodies, and municipal bodies.
Keywords:
jurisprudence, blood, donation, health, protection, components, power, subjects, self-government, people.
Authority and management
Reference:
Scheglov, A.V.
Monitoring of legislation as an instrument
of legal policy.
// Law and Politics.
2012. ¹ 11.
P. 1844-1851.
URL: https://en.nbpublish.com/library_read_article.php?id=51859
Abstract:
In the point of view of the author of this article the key
goals of the legal policy and monitoring include normative
reflection of interests of person within the various relations
of society of state, development of legislative policy in
the sphere of private law, federal relations and social relations, overcoming the gaps of the Russian legislation,
its multiplicity and declarative character, improvement of
living standards through making social conditions even,
development of an efficient mechanism of implementation
of the anti-corruption legislation, development of the civil
society institutions as well as stimulation of the interests of
the youth to the active civil position. The author provides
support for the thesis, providing that legal monitoring
serves as an important element of the legal policy, which
is implemented through the law-making policy of the
legislator. The legal monitoring also serves as a security
instrument, which includes the informative, operative and
analytical elements.
Keywords:
jurisprudence, monitoring, legislation, legal, politics, law-making, system, implementation of law, mistakes, technique.
Authority and management
Reference:
Morozov, N.V.
Problems of the implementation of the rights
of Russian people to address the human rights bodies.
// Law and Politics.
2012. ¹ 11.
P. 1852-1858.
URL: https://en.nbpublish.com/library_read_article.php?id=51860
Abstract:
The article is devoted to the problems of implementation
of the rights of Russian citizens to address the human
rights bodies. The author views theoretical and practical
problems regarding implementation of the above-mentioned
law. The author then attempts to analyze the reasons for
the undue implementation of this institution. The right to
address is an independent constitutional subjective law,
and implementation of the rights, which are guaranteed
by the state, is dependent on it. It is pointed out that the
nature and value of the institution of the address of people
is such, that a citizen satisÞ es his needs to address, and they
are not limited to judicial, administrative, prosecution and
international structure. This institution has wider scope,
and it includes the right to address the notaries, advocates,
mass media, municipal bodies, social chambers, social
organizations, trade unions and other institutions of the
civil society. The article also includes detailed analysis
of the implementation of the decisions of the international
bodies. The author then offers to have a new Federal Law
“On Implementation of the Decisions of the European Court
of Human Rights and other International Bodies, Activities
of Which are Regulated by the International Conventions
and Treaties, to which the Russian Federation is a Party”
in order to solve some of these problems.
Keywords:
jurisprudence, rights, citizens, address, state, body, protection, implementation, constitutional, problems.
State security
Reference:
Golovnya, A.I.
Political and legal protection of the vital interests
of the state: condition and perspectives of improvement
in the evaluations of military specialists.
// Law and Politics.
2012. ¹ 11.
P. 1859-1864.
URL: https://en.nbpublish.com/library_read_article.php?id=51861
Abstract:
The article relates to the preliminary results of the scientific
experiment on establishing the content-related limits to the
problem-based area in the sphere of guarantees of national
security. Based on the above-mentioned data the author
makes the conclusion on the theoretical limits to the area,
then discusses the initiatives in order to deal with the legal
defects and gaps.
Keywords:
experiment plan; information massif; respondents; legal gaps, uncertainty of legal statuses; priorities of legal policy.
History of state and law
Reference:
Kodan, S.V.
Presumption of knowledge of law in the Russian law:
formation, enshrinement and guarantees
(XVI to early XX centuries).
// Law and Politics.
2012. ¹ 11.
P. 1865-1874.
URL: https://en.nbpublish.com/library_read_article.php?id=51862
Abstract:
The article is devoted to the process of formation and
legal enshrinement of the presumption of knowledge of
law. The author shows its link with the establishment of
requirement of lawfulness, and the accessibility of official
legal information as a necessary precondition to it. In the
Russian law much attention was paid to the organizational
and legal mechanism for the introduction of laws to the
public. The order of presenting the legislation to the
general public and its official publication was an object
of much attention in XVIII early XX centuries.
Keywords:
jurisprudence, history of state and law of Russia, law, lawfulness, legal regulation, presumption, presumption of knowledge of law, publication of law, publication of codes, systematization of legislation.
Legal and political thought
Reference:
Mikhailov, A.M.
Basic stages of genesis of the continental legal dogmas.
// Law and Politics.
2012. ¹ 11.
P. 1875-1884.
URL: https://en.nbpublish.com/library_read_article.php?id=51863
Abstract:
The article includes a review on the development of
legal dogmas in the continental legal studies. The author
considers that dogmatic jurisprudence had formed the
basis for the professional legal culture and key types of legal activities. The starting point of its evolution is the
medieval school of glossators. The philosophical bases
for the continental legal dogmas were formed by the
scholastics. The process of the evolution of the dogmatic
jurisprudence may be divided into three main stages. The
first stage is medieval and it is represented by the academic
school of glossators and commentators (post-glossators).
The second period is characterized by the formation of
the cultural and philosophical bases for the dogmatic
traditions, which were formed due to the humanistic
school of lawyers and the school of natural law. The third
period is represented by the historical school of law, and
the jurisprudence of definitions, which completed the
development of the dogmatic jurisprudence.
Keywords:
jurisprudence, legal dogmas, continental legal system, general theory of law, glossators, commentators, humanistic school, school of natural law, historic school of lawyers, jurisprudence of definitions.
Jurisprudence
Reference:
Kabanov, P.A.
Forensic concept of criminal political victimology.
// Law and Politics.
2012. ¹ 11.
P. 1885-1892.
URL: https://en.nbpublish.com/library_read_article.php?id=51864
Abstract:
The article offers a new concept of inter-branch
discipline of criminal political victimology, which
studies the victims of political crimes and abuse of
power. The author establishes its inter-branch status,
then he brief ly describes the inner structure of criminal
political victimology. The author then provides certain
def initions (victimity, victimogenity, victimologic
prophilactics, victimologic rehabilitation), which
ref lect its object field. Finally the author discusses the
perspectives within this sphere of studying totalitarian
v i c timolog y, ter ror i sm v i c timolog y, cor rupt ion
victimology, electoral victimology.
Keywords:
jurisprudence, victim, victimology, political forensic studies, victimology of terrorism, victimity, victimogenity, victimological prophilactics, victimological rehabilitation.
Jurisprudence
Reference:
Sklizkov, M.N.
Theoretical and methodological bases for the studies
of the nature of the judicial decision as a legal fact
in civil law.
// Law and Politics.
2012. ¹ 11.
P. 1893-1906.
URL: https://en.nbpublish.com/library_read_article.php?id=51865
Abstract:
The article includes analysis of the nature of the judicial
decision as a legal fact in civil law in various historical
periods: pre-Revolution, Soviet, and modern. The author
states that by its nature the judicial decision is a normative
legal act, which regulates social relations in the conflict
situations. The court creates a model of possible and
obligatory behavior for the parties of the particular dispute
based on the norms of the objective law.
Keywords:
jurisprudence, fact, decision, law, legal relations, claim, conß ict, judiciary, application of law, regulation.
Human and state
Reference:
Napso, M.B., Napso, M.D.
Rights of peoples and rights of individuals:
social, philosophical and legal aspects of correlation
of individual and collective rights.
// Law and Politics.
2012. ¹ 11.
P. 1907-1917.
URL: https://en.nbpublish.com/library_read_article.php?id=51866
Abstract:
Currently much attention is paid to the collective rights
of ethnical entities, rights of peoples. The authors state
that these rights allow the ethnical communities to protect
their specific ethnic and cultural unities, and it also allow
the state to regulate the spectre of ethnic social relations
more efficiently. The establishment of collective rights of
ethnical communities is one of the most complicated issues
in the modern law. It traditionally gives preference to the
individual rights, and this position still dominates, in spite
of the development of collective rigths. The author attempts
to show the importance of application of the institution of
human rights and rights of peoples in their unity in order
to implement ethnic, national and individual interests.
Keywords:
jurisprudence, human rights, rights of people, ethnic unity, ethnicity, identity, state national policy, right to national development, cultural identity, discrimination.
Practical law manual
Reference:
Skornyakov, A.V.
The single complex crime and the aggregate crimes:
the issue of distinguishing.
// Law and Politics.
2012. ¹ 11.
P. 1918-1924.
URL: https://en.nbpublish.com/library_read_article.php?id=51867
Abstract:
When qualifying the single complex crimes, one often faces
difficulties with the establishment of the border which
separates them for the aggregate crimes. The variety of
single complex crimes requires difference in approaches to
this problem. That is why the author views both theoretical
legislative positions on a certain type of complex crime,
provides for their characteristic features, as well as
differences from the aggregate crimes, which allows to
find the way to distinguish each type of single complex
crime and aggregate crimes, based on practical examples.
Keywords:
jurisprudence, aggregate, single, complex, crime, continuing crime, lasting crime, combined crime, alternative, distinguishing.
Biblion
Reference:
Udartsev, S.F.
Evolution of the idea of the European unity
and the experience of its implementation within
the models of state structure.
// Law and Politics.
2012. ¹ 11.
P. 1925-1932.
URL: https://en.nbpublish.com/library_read_article.php?id=51868
Abstract:
History of the ideas of the united Europe finds its roots
in the early Middle Ages and in even earlier times. The
history knows many example of projects of united Europe
and its concepts. The book by Zh.M. Kembayev Political
and legal history of the idea of united Europe from the
ancient times to the modern times (Almaty Astana,
2012, 496 p.) is based on vast variety of material, and it
should be of interest to specialists in the sphere of history of political and legal studies, European and international
law. It should also stimulate the thought on globalization
and regional integration. Taking the history of projects of
uniting Europe, one can see many patterns in the influence
of political and legal conscience of the society on the
political reality, as well as its adaptation to it. Throughout
the evolution of political and legal conscience, it is tuned
to reality, it develops f lexible theoretical and applied
adapting projects in order to implement the basic ideas.
The history of European unity provides excellent materials
for understanding the methodologic problems of evolution
of the social conscience.
Keywords:
jurisprudence, Kembaev, Zh.M., Europe, the European Union, federation, confederation, Kant, Bakunin, Delors, war and peace.
Biblion
Reference:
Sosnovsky, V.V.
International legal and national aspects of the protection
of lands by the means of criminal law.
Review on the book by O.V. Vorontsova.
Legal responsibility for spoiling lands.
(Ed. O.L. Dubovik, Syktyvkar, KRASTiU, 2012, 175 p.)
// Law and Politics.
2012. ¹ 11.
P. 1933-1935.
URL: https://en.nbpublish.com/library_read_article.php?id=51869
Abstract:
Protection of lands (soils) is one of the most topical
problems, which is faced by both the states and the
international community. The global environmental
crisis shows itself not only in climate change, lessinging
biological variety, pollution of the athmosphere and the
waters, excessive waste, etc., but also in degradation
and pollution of lands due to intensifying industrial and
agricultural production, technogenous catastrophes and
accidents. It considerably lowers the living standards of the
people, and it becomes an important element in the general set of negative influences on the environment as a whole
and on the specific ecosystems. That is why professional
lawyers, environmentalists and economists of many states
strive to find the most efficient means in order to avoid
the further worsening of the lands (soils) and to improve
their quality. One of such means is legal responsibilty.
Currently many states implement measures of civil law
responsibility, which include compensation of harm,
fines and other administrative legal sanctions. Criminal
prohibitions take a special space within this framework,
since they represent the strictest reaction to the violation
of laws on the soil and land protection.
Keywords:
international law, protection, lands, harm, responsibility, causal character, soils, the EU, the UN, France.
Discussion forum
Reference:
Lapaeva, V.V.
The termination of powers of the deputy of the State
Duma of the Russian Federation: constitutional legal
analysis.
// Law and Politics.
2012. ¹ 11.
P. 1936-1942.
URL: https://en.nbpublish.com/library_read_article.php?id=51870
Abstract:
The article includes constitutional legal analysis of the
situation, which related to the decision of the State Duma
of the Russian Federation on termination of powers of the
deputy G.M. Gudkov. The author provides grounds for the
thesis that this decision was a result of the appropriation of
power and replacement of legal terms by introducing anti-
Constitutional responsibiltiy. Much attention is paid to
the incorrect formulae in the request to the Constitutional
Court of the Russian Federation by the group of deputies.
Keywords:
Constitution, law, status, Deputy, powers, termination, mandate, cessation, responsibility.