Question at hand
Reference:
Dobrynin, N.M.
Some thoughts on the problems of the formation of the jural state in Russia.
// Law and Politics.
2012. ¹ 2.
P. 232-242.
URL: https://en.nbpublish.com/library_read_article.php?id=51684
Abstract:
The author has several times in the past addressed this topical issue. This article is devoted to the problems of jural state within the framework of modernization of political system and the announced reform, which is to be based on the key principles of constitutionalism, democracy, respect and protection of human rights and rights of citizen.
Keywords:
jurisprudence, constitutionalism, jural state, citizen, state bodies, civil society, modernized society, complex, democracy, elections.
Question at hand
Reference:
Anichkin, E.S.
Constitutional and legal policy of the Russian Federation: nature, strategy, characteristic features.
// Law and Politics.
2012. ¹ 2.
P. 243-247.
URL: https://en.nbpublish.com/library_read_article.php?id=51685
Abstract:
The article is devoted to the analysis of the prerequisites for the formation, nature and characteristic features of constitutional
legal policy of the modern Russia. Much attention is paid to the main goal, long-term and short-term aims and the principles of this policy. The author also analyzes correcting, forecasting, rationalizing and guaranteeing functions of the policy. Then the author gives grounds for the thesis that the constitutional legal policy is a specific matter, since its has some specific distinctive features, such as basic and system-forming character, special strategy, specific contents, priorities,
principles, possibility of formation and implementation at the federal and regional level. Then the author comes to a conclusion on specific qualities of constitutional legal policy, of which the most important is its state power character.
Keywords:
jurisprudence, Constitution, legislation, strategy, principle, politics, priority, prerequisite, nature, quality, system.
Transformation of legal and political systems
Reference:
Alekseeva, O.V.
Some peculiarities of the stages of formation of the modern Russian political elite.
// Law and Politics.
2012. ¹ 2.
P. 248-256.
URL: https://en.nbpublish.com/library_read_article.php?id=51686
Abstract:
The article is devoted to the process of formation of the modern Russian elite. The author viewed two stages of formation of this elite “Eltsin’s” and “Putin’s”, as well as the historical and political events, which influenced this process. The process
of elite formation is viewed in chronological list of key political events in Russia of late XX – early XXI centuries. The goal of this study was to analyze the key characteristics of the Russian political elite at various stages of its formation and evolution. The studies of the bases of formation and growth of Russian political elite are topical due to the topicality of the elite studies as such, and in the Russian Federation in particular.
Keywords:
political science, elite, political, stages, formation, elite-formation, power, state, Eltsin, Putin.
Transformation of legal and political systems
Reference:
Timberbaev, T.A.
Parliamentary transformation in the modern Russia: from the multipartizan system to the “power party”.
// Law and Politics.
2012. ¹ 2.
P. 257-261.
URL: https://en.nbpublish.com/library_read_article.php?id=51687
Abstract:
In the light of the elections of the deputies of the State Duma of the Federal Assembly of the Russian Federation (6th term) the results of parliamentary reform in Russia should be analyzed. That is why in this article one can find a historical retrospective
of development of parliamentarism in post-Soviet Russia, with much accent on latest political and legal novelties in the election process.
Keywords:
jurisprudence, parliament, parliamentarism, multipartizan system, centralization, election system, political pluralism, the President of Russia, the “power party”, the political duo “Putin – Medvedev”.
State institutions and legal systems
Reference:
Bekbosynov, M.B.
Comparative analysis of development of the institution of federalism in Russia and in the foreign
states.
// Law and Politics.
2012. ¹ 2.
P. 262-266.
URL: https://en.nbpublish.com/library_read_article.php?id=51688
Abstract:
The author of this article analyzes peculiarities of formation and implementation of federalism in the foreign states and in Russia. The author then studies constitutional bases of the federalism, as well as the mechanism for the provision of powers within the federal framework, singles out common matters, and pays attention to the differences. Then the author analyzes the contents of the institution of federal interventions into the activities of the constituent subjects of the Federation in the federal states.
Keywords:
political science, federation, federalism, constitution, subject of the Federation, powers, institution of federal intervention, state management, efficiency, constitutional and legal regulation.
State institutions and legal systems
Reference:
Gabieva, S.M.
Definition and contents of the unity of legal territory as a constitutional category in the conditions of federal organization of the Russian state.
// Law and Politics.
2012. ¹ 2.
P. 267-272.
URL: https://en.nbpublish.com/library_read_article.php?id=51689
Abstract:
The article is devoted to the definition and contents of the term “unity of legal territory” as a constitutional and legal category within the framework of federal organization of the Russian state. Then the author comes to a conclusion that the principles of unity, undivided character, common character, necessity, continuity, direct application, and supremacy of the Constitution throughout the territory of the Constitution, unity of the state power, use of the federal law as basic when developing and implementing the legislative acts of the constituent subjects of the Russian Federation, national and cultural identification, legal phenomena, etc.
Keywords:
jurisprudence, territory, united, legal, Constitution, Federation, norm, legislation, constituent subject, categories.
International relations: interaction systems
Reference:
Kurmanguzhin, R.S.
From the history of development of the Kazakhstan state program “Way to Europe”
// Law and Politics.
2012. ¹ 2.
P. 273-281.
URL: https://en.nbpublish.com/library_read_article.php?id=51690
Abstract:
The article is devoted to the process of development of one of the key initiatives of the President N. Nazarbaev, which was successfully implemented lately. This program does not have any analogous ones in the Eurasian territory, and it widens the scope of cooperation between Kazakhstan and the European states, as well as provides the basis for the new Agreement on extended partnership and cooperation of the Republic of Kazakhstan and the EU.
Keywords:
political science, address of the President of Kazakhstan of 2008, the Initiative of N.A. Nazarbaev, “Way to Europe”, the State Program, Program Priorities, the strategy of the partnership for 2007 -2013, Agreement on extended partnership and cooperation, Chairmanship in the OSCE, improvement of national legislation.
Law and order
Reference:
Engelgardt, A.A.
The bases of application of norms on the ideal aggregation of crimes.
// Law and Politics.
2012. ¹ 2.
P. 282-287.
URL: https://en.nbpublish.com/library_read_article.php?id=51691
Abstract:
The article is devoted to theoretical and legal studies of the unclear issues of application of the “non bis in idem” principle,
when applying qualification and assigning punishment in case of ideal aggregation of crimes – that is when one act contains elements of two or more crimes.
The author analyzes the legal positions of the Constitutional Court, which are relevant for this problem, then expresses his vision on the fairness and predictability of application of this concept.
Keywords:
jurisprudence, criminal legislation, ideal aggregation of crimes, normative characteristics, legal positions of the Constitutional Court of the Russian Federation, the principle of fairness, criminal legal evaluation, judicial practice, qualification, application of punishment.
Law and order
Reference:
Popov, E.A.
The problem of use special terms in the judicial sociological expertise.
// Law and Politics.
2012. ¹ 2.
P. 288-293.
URL: https://en.nbpublish.com/library_read_article.php?id=51692
Abstract:
The article pays much attention to the topical issues of judicial sociological expertise. The accent is not on the procedural issue of its assignment and implementation, but rather on its use within the framework of specific scientific terms and categories.
The author actualizes the scientific research potential of modern sociological knowledge, in which many methodological
positions and definitions are topical and ambiguous. The article includes analysis of various topical issues, which predefine the peculiarities of the expert opinion of a sociologist. The author then pays attention to the high qualification of an expert in the sphere of sociology or closely related spheres, which would allow to avoid “guessing” the methodological position, within which this or that key term or category shall be viewed.
Keywords:
expertise, social studies, sociology, group, society, sociality, system, transformation, reflecting, responsibility.
JUDICIAL POWER
Reference:
Vishnevskiy, G.A.
Supremacy of the law and the problems of its guarantees in the process of application of law by the courts.
// Law and Politics.
2012. ¹ 2.
P. 294-299.
URL: https://en.nbpublish.com/library_read_article.php?id=51693
Abstract:
The article is devoted to the theoretical interpretation of the principle of the supremacy of law, the problems of implementation
of its ideas into practice. While criticizing the legal dogma on nature and contents of the principles of supremacy of law, which basically unites it with dictatorial position of the law, the author bases his position on primacy of human rights in the society and in the state, then comes to a conclusion that supremacy of human rights defines supremacy of law. The author then turns to the problem of necessity of unified application of law by the courts, which is a reflection of the constitutional principle of equality of all before the court and law. Its implementation is necessary for the supremacy of law, when dealing with legal conflicts.
Keywords:
jurisprudence, supremacy of law, court, unity, law, equality, law, definite character, conflict of law, application of law by the court.
JUDICIAL POWER
Reference:
Bykov, V.M.
The new law on the courts of general jurisdiction in the Russian Federation: scientific commentary.
// Law and Politics.
2012. ¹ 2.
P. 300-304.
URL: https://en.nbpublish.com/library_read_article.php?id=51694
Abstract:
The article is devoted to the new Federal Constitutional Law of February 7, 2011 n.1 “On the Courts of General Jurisdiction in the Russian Federation”. The author analyzes the new law and points out the possibilities for its improvement.
Keywords:
jurisprudence, court, assignment, functions, board, powers, organization, appeal, cassation.
Public communications
Reference:
Aslanov, R.M.
Legal regulation of guarantees of access to information.
// Law and Politics.
2012. ¹ 2.
P. 305-308.
URL: https://en.nbpublish.com/library_read_article.php?id=51695
Abstract:
As part of studies on the legal framework for information security in the Information Society, occupies a special place the issue of access to information. In building the Information Society Legal Issues of access to information have practically paramount. It follows from the fundamental international instruments discussed in this article.
Keywords:
regulation, security, access, information, security, society, the declaration, government, opinion.
Practical law manual
Reference:
Poleschuk, O.V.
Some aspects of involvement of juveniles into criminal activity.
// Law and Politics.
2012. ¹ 2.
P. 309-316.
URL: https://en.nbpublish.com/library_read_article.php?id=51696
Abstract:
The author views specific features of involvement of juveniles into criminal activity, which may include violence. The qualifying characteristic is when this crime is committed by parents, teachers or other persons, who are obligated to raise and educate a child. By influencing a juvenile, the criminal aims to make a juvenile wish to commit a crime.
Keywords:
jurisprudence, juveniles, crime, parent, teacher.
Jurisprudence
Reference:
Lobanov, A.V.
Comparative legal analysis of the credit contract and the loan contract.
// Law and Politics.
2012. ¹ 2.
P. 317-321.
URL: https://en.nbpublish.com/library_read_article.php?id=51697
Abstract:
The loan and credit relations are necessary for normal property turnover. Unlike the real contract of loan, the credit contract is consensual, that is it comes into force when the parties reach the agreement on transfer of money to the borrower. An important difference between the loan contract and the credit contract is that only bank or other licensed in the sphere of banking credit organization may lend money under credit contract.
Keywords:
jurisprudence, loan, credit, creditor, loan, borrower, profit-based, specific features of subjects, percentage, counteroffer, contract.
Legal and political thought
Reference:
Borisovsky, E.E.
Bezborodko, A.A. as a merited representative of conservative tradition of the state and legal development of Russia in late XVIII century.
// Law and Politics.
2012. ¹ 2.
P. 322-326.
URL: https://en.nbpublish.com/library_read_article.php?id=51698
Abstract:
The article is devoted to political and legal views and practical state activity of Aleksandr Alekseevich Bezborodko – the merited representative of a conservative tradition in the Russian statehood, his name is mentioned in legal literature much less often than he deserves.
Keywords:
jurisprudence, conservatism, Bezborodko A.A., Catherine the 2nd, Paul the 1st, reforms, XVIII century, Russia, statehood, changes.
History of state and law
Reference:
Fevralev, S.A.
Political and legal nature of local law in the Russian Empire (second half of XVII century – early XX century).
// Law and Politics.
2012. ¹ 2.
P. 327-338.
URL: https://en.nbpublish.com/library_read_article.php?id=51699
Abstract:
The article reflects upon the nature of local law within the context of its key characteristics, which show this matter within the framework of its political properties. The author shows the formation of the term “local la” in politics and legislation, its structure, characterizes the sources of local law, spheres of legal regulation of particular legal statements. Much attention is paid to the experience of solving problems of unification and bringing state law and the local law into accord in the conditions of imperial state and legal system of Russia.
Keywords:
jurisprudence, Russian state, Russian empire, sources of law, local law, local legal systems, key state acts of the Russian Empire, local laws, the Code of Local Laws of the Ostsee province.
Discussion forum
Reference:
Khannanov R.A.
The strategy of stable development of animal farming in Russia: organization, economic and legal problems.
// Law and Politics.
2012. ¹ 2.
P. 339-363.
URL: https://en.nbpublish.com/library_read_article.php?id=51700
Abstract:
The course of actions towards modernization of the agricultural economics presupposes priority and strategic development of animal farming. The system-based solution of the problems in this sphere of economics presupposes the need for organizational, economic and legal influence on production of animal farming products. This article contains some ideas on improvement of legal provisions on animal farming in order to bring it out of crisis.
Keywords:
The course of actions towards modernization of the agricultural economics presupposes priority and s, economic and legal influence on production of animal farming products. This article contains some id
Academic life
Reference:
Grafsky, V.G.
The XXV Congress of the International Association of the Philosophy of Law. Address and texts of two speeches.
// Law and Politics.
2012. ¹ 2.
P. 364-376.
URL: https://en.nbpublish.com/library_read_article.php?id=51701
Abstract:
This article includes information on topical issues and problems of philosophy of law, as discussed at the XXV Congress of the International Association of the Philosophy of Law, which took place on August 15-20, 2011 in Frankfurt-on-Maine (Germany),which was entitled “Law. Science. Technology”.
Keywords:
jurisprudence, philosophy of law, subjective law, natural law, positive law, law, technology, Kelsen, Alekseev.
Academic life
Reference:
Zhalinsky, A.E.
The review of the book “Criminal, criminal procedural and criminal enforcement law of Hungary” by Khistina Karsai and Zsolt Szomora
// Law and Politics.
2012. ¹ 2.
P. 368-371.
URL: https://en.nbpublish.com/library_read_article.php?id=51703
Abstract:
The article includes characteristics of the mechanism of national criminal law system of Hungary, which is at the same time brief and full of information. Hungary have had close ties with the Russian legal system for many years, which influenced its own legal system. Last 20 years of development of Hungarian criminal law and criminal procedure can be described as a process of adaptation to the new challenges of the criminal situation and international obligations on one hand, and reopening the classic sources of criminal legal regulation on the other hand.
Keywords:
jurisprudence, Hungary, criminal law, criminal enforcement law, criminal procedural law, Hungarian national legal system, mechanism of criminal law, novels in the prescriptions under the international standards, law-making, classification of crimes.
Academic life
Reference:
A. V. Stovba
A. REINACH AND N.N. ALEKSEEV: AT THE ORIGINS OF THE PHENOMENOLOGY OF LAW
// Law and Politics.
2012. ¹ 2.
P. 371-376.
URL: https://en.nbpublish.com/library_read_article.php?id=51704
Abstract:
The article is devoted to understanding the origins of the phenomenology of law. The phenomenological concepts of N.N. Alekseev and A. Reinach were chosen as the starting point of the analysis. As a result, the author comes to the conclusion that the philosophical and legal approach of N.N. Alekseev is a synthesis of phenomenological ideas with the Russian philosophy of unity, while the philosophy of A. Reinach is built on the Husserl dichotomy of semantic and empirical realities.
Keywords:
fenomenologiya, vseedinstvo, eidos, pravomochie, trebovanie, pravovoi fenomen.
Biblion
Reference:
A. E. Zhalinskiy, O. L. Dubovik, Z. M. Pogosova
Book review: "Criminal, Criminal Procedure and Penal Enforcement Law of Hungary" by Kristina Karshai and Zsolt Somora Hungary//International Encyclopedia of Law "Criminal Law"
// Law and Politics.
2012. ¹ 2.
P. 377-381.
URL: https://en.nbpublish.com/library_read_article.php?id=51702
Abstract:
The work contains a brief, but extremely informative description of the integral mechanism of action of the national criminal legal system of Hungary - a country whose ties with the Russian legal system have been close for many years, which, of course, could not pass without a trace. The last twenty years of the development of Hungarian criminal and criminal procedure law are described as a process of adaptation to the new challenges of the current criminal situation and international obligations, on the one hand, and also as a return and, moreover, a new discovery of the classical, traditional sources of criminal law regulation, on the other hand.
Keywords:
yurisprudentsiya, Vengriya, ugolovnoe pravo, mekhanizm deistviya ugolovnogo prava, novellizatsii predpisanii v sootvetstvii s mezhdunarodnymi trebovaniyami, pravotvorchestvo, klassifikatsiya prestuplenii.
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