Theory
Reference:
Tikhomirov, Y.A.
Sovereignty of the states: guarantees of stability and dynamism.
// Law and Politics.
2012. ¹ 3.
P. 394-401.
URL: https://en.nbpublish.com/library_read_article.php?id=51705
Abstract:
The article includes analysis of the nature of the state as a complicated social system, the nature of state sovereignty, and key
forms of its expression. The author evaluates outer and inner factors, which may limit sovereignty.
Keywords:
jurisprudence, state, sovereignty, constitutional law, international law, international structures, supremacy of law, integration processes, elements of state, constitution.
Theory
Reference:
He Binsong
On protection of human rights. Evaluation and rethinking of the traditional theories of punishment.
// Law and Politics.
2012. ¹ 3.
P. 402-428.
URL: https://en.nbpublish.com/library_read_article.php?id=51706
Abstract:
The article is devoted to the key categories and theories, which lay at the base of the modern approaches to legislative and doctrinal
criminal punishment and practice of its implementation. The author gives as historically based analysis of the evolution of
the views of the greatest philosophers, sociologists and lawyer on law and justice. The author provides evaluation of the Chinese
doctrine on the Western philosophical and legal thought on functions and goals of punishment.
Keywords:
jurisprudence, authoritarianism, globalization, state, humanism, democracy, punishment, state, law, legal order, justice.
State institutions and legal systems
Reference:
Erpyleva, N.Y., Klevchenkova, M.N., Maksimov, D.M.
Legal regime of functioning of the trade companies in France.
// Law and Politics.
2012. ¹ 3.
P. 429-452.
URL: https://en.nbpublish.com/library_read_article.php?id=51707
Abstract:
This article is devoted to the issues regarding the legal regime of functioning of the trade companies in France. The authors analyze
the legislative and regulating provisions of the Trade Code of France, which are related to the legal status of legal entities
in the French trade law: joint-stock companies and partnerships, then their peculiarities are singled out. The authors include
detailed analysis of the formation and competence of the key managing bodies of these entities, specifi c features of their activities
in different types of trade companies.
Keywords:
jurisprudence, law, system, society, share holder, partnership
State institutions and legal systems
Reference:
Artemieva Y.A.
Legal regulation of representation in the sphere of taxation.
// Law and Politics.
2012. ¹ 3.
P. 453-458.
URL: https://en.nbpublish.com/library_read_article.php?id=51708
Abstract:
The article is devoted to the peculiarities of the representation in the tax disputes, which include specifi c features of the subjects
– tax payer, tax body and representative. The author establishes that a tax representation is based on power and compliance, and
is supported by imperative methods, unlike representation in civil law cases, which are permissive.
Keywords:
tax representation, tax disputes, imperative method, tax payer, tax method.
Authority and management
Reference:
Blinova, E.A.
The place of category of “values” in the evaluation of state programs.
// Law and Politics.
2012. ¹ 3.
P. 459-464.
URL: https://en.nbpublish.com/library_read_article.php?id=51709
Abstract:
The problem of place of category “values” in the methodology and practice of program evaluation is considered in this article.
There are two main approaches to evaluation: technical-rational evaluation, excluding the values from its methodology
and theoretical approach and critical evaluation, offering to put the category “values” in the center of the analysis. In critical
evaluation the internal values of stakeholders, as well as external values that form the political context of evaluation are usually
distinguished. The problem of the place of values in evaluation and policy analysis has a long-standing origin and is associated
with the concept of classical sociology to conduct the value-free objective research. This requirement caused troubles for evaluation
in becoming a scientifi c discipline and a recent progress in developing specifi c methodology for program evaluation helped
to improve the situation.
Keywords:
program evaluation, values, public policy analysis, critical evaluation, technical-rational evaluation
Transformation of legal and political systems
Reference:
Bystrov, G.E.
Defi nition of co-operative: historical legal and comparative legal analysis.
// Law and Politics.
2012. ¹ 3.
P. 465-473.
URL: https://en.nbpublish.com/library_read_article.php?id=51710
Abstract:
Co-operation develops as a form of economic democracy, a social sector of the market economy, and it is viewed as an association
of persons, who unite in order to create a democratic economic entity, based on the principle of equality, and its only goal
is to provide services to its members.
Keywords:
jurisprudence, customer co-operative, co-operative movement, co-operative principles, co-operative legislation, production co-operative, co-operative enterprise, legal entity, improvement of co-operative legislation, co-operation values.
State security
Reference:
Getz, R.N.
Technologies of social institutions in counteractions to the political extremism in the modern Russia.
// Law and Politics.
2012. ¹ 3.
P. 474-480.
URL: https://en.nbpublish.com/library_read_article.php?id=51711
Abstract:
The total globalization, development of the information society, appearance of the new network technologies and improvement of
the innovation potential of the producing sphere establish use of new complicated methods by the political extremists. The means of
fi ghting this negative political matter should be chosen in accordance with its abilities and resources. The article includes quality
characteristics of the technologies of the social institutions, which are used in fi ghting political extremism. First of all, the author
analyzes civil and information-communication technologies as key ones in the practical aspects of fi ghting political extremism.
Keywords:
political science, extremism, stabilization, technology, Internet, violence, communication, institutions, legitimacy, counteraction.
Law and order
Reference:
Bykov, V.M.
The new law on home arrest of the suspect or the accused: scientifi c commentary.
// Law and Politics.
2012. ¹ 3.
P. 481-486.
URL: https://en.nbpublish.com/library_read_article.php?id=51712
Abstract:
The article is devoted to the new Federal Law on Home Arrest. The author points out that the new law provides more detailed
regulation of use of home arrest as a means of pre-trial restrictions. At the same time this new law has some quite questionable
issues. The author then offers the ways to amend and improve the law, which in the author’s opinion, should be passed with due
amendments.
Keywords:
jurisprudence, pre-trial restrictions, home arrest, court, terms of arrest, deposit, prohibitions and limitation, decision of the court, control, police.
Law and order
Reference:
Fedotova, N.P.
Qualifi cation of grave harm to health in case of cumulative offences and the problem of confl ict of
laws.
// Law and Politics.
2012. ¹ 3.
P. 487-496.
URL: https://en.nbpublish.com/library_read_article.php?id=51713
Abstract:
The article contains analysis of the qualifi cation of purposeful infl iction of harm. The author offers to use the former defi nitions of
repeated character and cumulative offences. However dangerous a crime might be, one should not violate the rules of qualifi cation
in order for it to be more convenient.
Keywords:
jurisprudence, qualifi cation, competition, grave harm, repeated character, social danger, punishment, attempted crime, fairness.
JUDICIAL POWER
Reference:
Kalyuzhnaya, L.G.
Juvenile justice in Russia: what it shall be like? (part 1).
// Law and Politics.
2012. ¹ 3.
P. 497-507.
URL: https://en.nbpublish.com/library_read_article.php?id=51714
Abstract:
In late years in the Russian legal science it became popular to develop various concepts, strategies, and programs, including ones
in the state and legal sphere. The author considers that this approach is quite useful both for the theory and for the practice of
law-making and application of law. The author then offers a draft of the Concept of State Legal Policy in a “touchy” sphere of
prevention of juvenile crime, protection of rights and freedoms of underage persons and development of juvenile justice.
Keywords:
jurisprudence, law, politics, protection, juveniles, underage persons, justice, interests, practice, application of law.
XXI century International law
Reference:
Smbatyan, A.S.
The law-making of international criminal tribunals: the ICTY experience
// Law and Politics.
2012. ¹ 3.
P. 508-514.
URL: https://en.nbpublish.com/library_read_article.php?id=51715
Abstract:
The activities of the ICTY can show what judicial law-making is like. The ICTY made quite an impact on development of international
humanitarian law, having adapted it to the modern armed confl icts, raising the threshold of protection of human rights.
Keywords:
jurisprudence, international, criminal, tribunal, Yugoslavia, Rwanda, crime, law-making, development, law.
Transnational interests
Reference:
Kasatkina, A.S.
Legal grounds for the regulation of international carriage of passengers.
// Law and Politics.
2012. ¹ 3.
P. 515-527.
URL: https://en.nbpublish.com/library_read_article.php?id=51716
Abstract:
This article is devoted to the evaluation of the normative legal bases for the regulation of international carriage of passengers.
Within the framework of this article the authors have detailed analysis of national legal and international legal regulation of carriage
of passengers in various types of transportation: that is by automobile, air, marine and railway transportation.
Keywords:
jurisprudence, law, transportation, carriage, passenger, luggage, contract, custom, legislation, transport, responsibility.
Public communications
Reference:
Trofimov, V.V.
Forms of participation of the civil society structures in law-forming relations.
// Law and Politics.
2012. ¹ 3.
P. 528-534.
URL: https://en.nbpublish.com/library_read_article.php?id=51717
Abstract:
The article is devoted to the problem of participation of the structures of civil society in the legal policy of the state. The author
introduces the term of “law-forming relations”, establishes the amount of legal capacity of subjects of civil society as participants
of law-forming relations. The author establishes the forms of participation of people and social organizations in the processes of
formation of topical law.
Keywords:
jurisprudence, law, society, state, law-forming, legislation, law-making, democracy, election, referendum.
Public communications
Reference:
Usmanova, R.M.
The role of political norms in public regulation of social relations.
// Law and Politics.
2012. ¹ 3.
P. 535-540.
URL: https://en.nbpublish.com/library_read_article.php?id=51718
Abstract:
The article includes analysis of the political norms in the mechanism of regulation of social relations. Much attention is paid to
the addresses and messages of the President of the Russian Federation, which call for the specifi c legal regulation. In the author’s
point of view the political norms are aimed to bring order into the relations among various subjects of the political system, and
thanks to them the political system and Russian society may be whole and stable.
Keywords:
jurisprudence, law, politics, norms, regulation, doctrine, message, the President of the Russian Federation, party, concept.
Human and environment
Reference:
Khannanov, R.A.
Placement and specialization of agricultural production: theoretical, empiric and legal aspects.
// Law and Politics.
2012. ¹ 3.
P. 541-554.
URL: https://en.nbpublish.com/library_read_article.php?id=51719
Abstract:
Modernization of agricultural production is an inalienable part of the economy of the state, and it presupposes not only introduction
of innovative methods of its organization, management and functioning, but also use of the classic well-recommended instruments,
such as placement and specialization of the agricultural production. However the practice shows that mass ignorance of
this heritage in the rural area. It’s not always that the free market motivates the producer for correct, effi cient and stable work.
In such cases the role of legal regulation of placement and specialization of the agricultural production is especially important.
Unfortunately after the breakup of the Soviet Union the Russian Federation lacks the effi cient system of legal regulation in this
sphere, which establishes the topicality of the studies in this sphere.
Keywords:
jurisprudence, agricultural, production, sphere, placement, specialization, legal, infl uence, guarantees.
Human and environment
Reference:
Belyaeva, Y.L., Zhurkina, O.V., Cherevchina, I.M.
Legal grounds for the classifi cation of medicinal waste.
// Law and Politics.
2012. ¹ 3.
P. 555-559.
URL: https://en.nbpublish.com/library_read_article.php?id=51720
Abstract:
This article includes scientifi c analysis of the legal bases for dealing with waste of production and usage. The authors study the
norms of legislation of a number of foreign states in the sphere of classifi cation and treatment of medicinal waste. The term “medicinal
waste” is characterized based on the sources of their formation within the framework of sanitary and epidemiological
by-laws and other normative acts.
Keywords:
medicinal waste, sanitary and epidemiological waste, the Basel convention, classifi cation of medicinal waste, collection of medicinal waste.
History of state and law
Reference:
Kodan, S.V.
The attempts to create the basic laws of the Russian Empire in politics, ideology and legal practice of the
Russian state (XVIII – early XIX centuries).
// Law and Politics.
2012. ¹ 3.
P. 560-569.
URL: https://en.nbpublish.com/library_read_article.php?id=51721
Abstract:
The article is devoted to the scarcely known pages in the history of establishment of legal bases for the organization of the state
power in the Russian Federation. The author shows the formation of the problem of the “primary” laws in the policy and ideology
in XVIII century. Much attention is paid to the attempts to form the Basic Laws of the Russian Empire by the Law-Making
Commission in late XVIII – early XIX centuries. The results of its work were the draft of the “Primary Laws” of the Russian
Federation of 1804 and the Bases of the Russian Law of 1815/ The provisions of these documents were used by M.M. Speransky
for the systematization of laws and for the formation of the Basic State Laws, which formed and started the Code of Laws of the
Russian Empire of 1832.
Keywords:
jurisprudence, history of state and law of Russian, legal policy, constitutional projects, Primary Laws of the Russian empire, legislative activity, systematization of legislation, systematic code of the existing laws, the Code of Laws of the Russian Empire.
History of state and law
Reference:
Bobokhonov, R.S.
Evolution of ethnic – regional clans in Tajikistan (XX century).
// Law and Politics.
2012. ¹ 3.
P. 570-582.
URL: https://en.nbpublish.com/library_read_article.php?id=51722
Abstract:
This article was fi rst offered a detailed analysis of the main reasons for the emergence and evolution of ethnic and regional clans
in Tajik society (the Soviet and post-Soviet period). In the course of researching this little-studied problem the author has identified some specifi c points. On the one hand, weak state institutions and economic structures of the peoples of Central Asia at the time
of the creation of their union republics further contributed to the emergence of clan-based elements in all areas of their lives. On
the other hand, these clan relations could not occur in some Central Asian states, especially in Tajikistan, if you create a union
of republics of the region the Bolsheviks would have been considered the main ethno-cultural factors and ethnogeographical. As
a result, the Bolsheviks carried out the disengagement in 1924 Tajiks got only a small part of the huge “History of Tajikistan.”
The historical centers of Tajik culture tysyachiletney - Samarkand and Bukhara, and living in hundreds of thousands of Tajiks,
that’s just in the future could become the nucleus of society tadzhiksoy integration, were in Uzbekistan. A small region of Khujand
to this problem is not handled and all the Soviet era was not able to integrate around (due to a number of geographic, economic
and cultural reasons), other groups of the Tajik people. Thus, it is isolation, which laid the Bolsheviks during the disengagement,
was the main cause of the ethno-regional clans in Tajikistan.
Keywords:
ethnic and regional clans, Hodzhant ethno-regional clan, Garm ethno-regional clan, Kulyab ethno-regional clan, Pamirs ethno-regional klan, Tajik society, ethno-political situation, etc.
Legal and political thought
Reference:
Aleksenko, A.V.
The concept of legitimating of political and legal decisions of the N. Luhmann
// Law and Politics.
2012. ¹ 3.
P. 583-591.
URL: https://en.nbpublish.com/library_read_article.php?id=51723
Abstract:
The article is devoted to one of the most important concepts of a German classic sociologist N.Luhmann, which was formulated
in such books as Legitimation durch Verfahren (Legitimation via the Procedure), Rechtssoziologie (Sociology of law) è Politische
Soziologie (Political sociology). Under this concept the legitimacy of norms of law, as established by the state, can be evaluated
by the level of recognition and acceptance of these norms, as expected from an individual by a number of third persons. This result
is based on the symbolically represented possibility of physical force and by the participation of people in political and legal
procedures, such as judicial process and elections. The concept by N.Luhmann is compared with the concept of legitimation by
Jurgen Habermas, which in turn points out the role of rational element in recognition of the offi cial decisions by the people. The
article is interesting from the standpoints of political science, sociology of law, as well as of the history of state and law.
Keywords:
political science, Luhmann, Habermas, legitimacy, law, state, sociology, discourse, procedure, obedience.
Legal and political thought
Reference:
Ainutdinov, R.F.
Role and place of political power in the jural state.
// Law and Politics.
2012. ¹ 3.
P. 592-596.
URL: https://en.nbpublish.com/library_read_article.php?id=51724
Abstract:
In article the various points of view of scientists of the past and the present on such phenomenon as «power», «the political power»,
«government» are considered. The occurrence reason «divisions of the authorities» and as consequence – «lawful state» occurrence
is mentioned. The characteristic of «lawful state» and understanding of this phenomenon is given by scientists. The political
power, its place and a role in a lawful state, and also degree of development legal the state in modern Russia is considered.
Keywords:
power, the political power, government, division of the authorities, lawful state, political system, state, system of controls and counterbalances.
Practical law manual
Reference:
Yarovenko, V.V.
Forensic characteristics of the objects, which are used as weapons for the commission of crimes.
// Law and Politics.
2012. ¹ 3.
P. 597-602.
URL: https://en.nbpublish.com/library_read_article.php?id=51725
Abstract:
The article is devoted to various objects, models and training hardware, which are not weapons, but which are used when committing
crime as weapons. The author points out the danger of the various objects, which are constructively similar to the arms.
Then the author establishes the position that the issuance of such objects should be limited, since in some criminal situations they
can be mistaken for weapons, and some may be also remade into weapons.
Keywords:
jurisprudence, fi rearms, cold arms, weapons, objects, models, training hardware, responsibility, expertise, study.
Discussion forum
Reference:
Samovich, Y.V.
Individual’s right to judicial protection: does it protect?
// Law and Politics.
2012. ¹ 3.
P. 603-607.
URL: https://en.nbpublish.com/library_read_article.php?id=51726
Abstract:
The article includes a critical view of the existing point of view on the contents of the “right to judicial protection” of an individual.
Then the author offers another interpretation of this law, based on the analysis of international legal provisions, as well
as of the national law.
Keywords:
right to the judicial protection of an individual, access to justice.
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