Theory
Reference:
Zhalinskiy, A.E.
Models of criminal law: social control, trust, coercion.
// Law and Politics.
2012. ¹ 4.
P. 624-629.
URL: https://en.nbpublish.com/library_read_article.php?id=51727
Abstract:
The article includes analysis of the three groups of effects of criminal law, which include strengthening of the legal order by
stronger social control, social trust and coercion. Then the author provides a detailed analysis of theoretical and practical
problems of implementing social control, he shows positive and negative effects of such a strengthening. Achievement of social
trust towards the application of criminal law is a considerable regulating factor. Much attention is paid to the normative
order as a result of application of criminal law and other mechanisms of social control, as well as to the coercion in the
sphere of social control and problems of its evaluation, taking into account all kinds of coercion, which are caused by
application of criminal law. As a result, the author shows the grounds for the need of special studies of the social control
problems, as well as for the evaluation of it effi ciency and perspectives of its implementation in order to successfully fi ght
crime in the Russian Federation.
Keywords:
jurisprudence, law, coercion, control, order, trust, effi ciency, legal order, effect, cost-effi ciency.
State institutions and legal systems
Reference:
Vechkanova, N.V.
Specifi c features of the judicial protection of personal rights and freedoms of individual and
citizen in the CIS states.
// Law and Politics.
2012. ¹ 4.
P. 630-639.
URL: https://en.nbpublish.com/library_read_article.php?id=51728
Abstract:
The article includes comparative legal analysis of the specifi c features of the judicial protection of personal rights and
freedoms of a person in the CIS states. The author analyzes role of the courts as bodies which implement justice and judicial
control in the constitutional mechanism of protection of personal rights and freedoms. State guarantees of implementation
of the constitutional right to judicial protection is recognized by the CIS states as an effi cient guarantee of social status
of persons.
Keywords:
jurisprudence, rights, freedoms, courts, protection, immunity, justice, control, CIS, dignity.
State institutions and legal systems
Reference:
Tatarintseva, E.A.
State support of adopting families in the Russian Federation and in the common law states.
// Law and Politics.
2012. ¹ 4.
P. 640-651.
URL: https://en.nbpublish.com/library_read_article.php?id=51729
Abstract:
The article is devoted to the new types of state support of the adopting families, as provided for by the legislation of the
Russian Federation, England and the USA. The author analyzes the reasons for the lack of effi ciency of state policy in the
sphere of adoption, and she offers various options to solve this problem, using the positive experience of the common law
states. Then the author comes to a conclusion on the need to form a special legislative basis in the Russian Federation in
order to support the adopting families at a federal level.
Keywords:
jurisprudence, adoption, child, adopting parents, state, support, benefi ts, stimulation, payments, regions.
Authority and management
Reference:
Leskova, Y.G.
Principles of functioning of self-regulatory organizations: problem of unity and inclusion into the
legal matter.
// Law and Politics.
2012. ¹ 4.
P. 652-658.
URL: https://en.nbpublish.com/library_read_article.php?id=51730
Abstract:
The article deals with the topical issue of the principles of construction and operation of self-regulatory organizations.
The author characterizes general and specifi c principles of self-regulatory organizations, justifi es the need to consolidate
in legislation the concept of self-regulatory organizations which is based on unifi ed principles of operation and their
introduction into the legal matter.
Keywords:
self-regulatory organizations, self-regulation, voluntariness, state, support, representation.
Law and order
Reference:
Korchagin, A.G.
Legal policy of regulation of payments via the bank cards.
// Law and Politics.
2012. ¹ 4.
P. 659-665.
URL: https://en.nbpublish.com/library_read_article.php?id=51731
Abstract:
The author views the issues of criminal responsibility for distribution of counterfeit bank cards, taking the foreign experience
into account. The author offers to amend the Criminal Code of the Russian Federation with an article, providing criminal
responsibility for theft with the use of bank cards. By such an amendment the scientifi c legal discussion on correlation of
terms “distribution of bank card” and “use of bank card”.
Keywords:
jurisprudence, bank cards, fi nancial services, payment, responsibility, fraud, counterfeit cards, theft, qualifi cation, responsibility.
Law and order
Reference:
Ulyanov, V.G.
Problems of redress of harm, caused by a crime and proof in the civil claim.
// Law and Politics.
2012. ¹ 4.
P. 666-669.
URL: https://en.nbpublish.com/library_read_article.php?id=51732
Abstract:
Based on the analysis of the norms of international law, the Criminal Procedural Code of the RSFSR of 1960 and the Criminal
Procedural Code of the Russian Federation of 2001 the author studies the problems of redress of harm, which is caused to
the victim of a crime, and proof of a claim in a criminal case. The author points out that timely and full compensation of
material harm is only possible when all of the circumstances of crime have been fully and clearly evaluated, including those
related to the character and amount of harm. The author offers to amend pp. 2 of p.2 of Art. 74 of the CPC of the Russian
Federation: “2. statement of victim, witness, civil claimant, civil respondent”.
Keywords:
victim, person affected, harm, compensation, civil claim, proof, statement.
JUDICIAL POWER
Reference:
Kalyuzhnaya, L.G.
Juvenile justice in Russia: what it should be like? (Part 2, fi nal).
// Law and Politics.
2012. ¹ 4.
P. 670-683.
URL: https://en.nbpublish.com/library_read_article.php?id=51733
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.
JUDICIAL POWER
Reference:
Deryabin, I.V.
Forms and some perspectives of improvement of participation of the prosecutor in the civil process
in the cases, arising from housing relations.
// Law and Politics.
2012. ¹ 4.
P. 684-688.
URL: https://en.nbpublish.com/library_read_article.php?id=51734
Abstract:
This article includes classifi cation of forms of participation of the prosecutor in the civil process, and it includes some
characteristics of perspectives of its improvement in civil cases arising from housing relations. The author points out that
claims, which are brought to courts by prosecutors, can be characterized as the most effi cient form of implementation of
powers of prosecution in the sphere of protection of citizens’ rights, including their housing rights. The author offers to
improve the legislative basis, related to the participation of prosecutor in the civil process.
Keywords:
jurisprudence, prosecutor, housing, legal relations, process, participation, rights, freedoms, citizen, status.
JUDICIAL POWER
Reference:
Balabkin, S.I.
On the fi nality of the decisions of the Constitutional Court of the Russian Federation.
// Law and Politics.
2012. ¹ 4.
P. 689-695.
URL: https://en.nbpublish.com/library_read_article.php?id=51735
Abstract:
The right to judicial protection includes a possibility to challenge any judicial decision, including the decisions of the Supreme
Court of the Russian Federation and the Supreme Arbitration Court. The Constructional Court of the Russian Federation
supported this position, however it also recognized the prohibition to challenge (review) its decision, and considered it
to be constitutional. Analysis of the constitutional norms and legal positions of the Constitutional Court of the Russian
Federation, to which this article is devoted, does not give any grounds for such an interpretation of constitutional norms.
Keywords:
jurisprudence, judicial reform, judicial system, the Constitutional Court, the constitutional judicial procedure, challenging the judicial decisions, right to judicial protection, fi nality of the decisions of the Constitutional Court, correcting the judicial mistake, review of judicial acts.
JUDICIAL POWER
Reference:
Lyashkov, S.V.
Judicial practice as means of proof in civil and arbitration processes in the Russian Federation.
// Law and Politics.
2012. ¹ 4.
P. 696-704.
URL: https://en.nbpublish.com/library_read_article.php?id=51736
Abstract:
The article is devoted to the issue of of use of judicial practice as means of proof in civil and arbitration (commercial)
judicial procedures. The study is based on analysis of vast judicial practice on this issue. The author shows goals and forms
of use of judicial practice, its value for the court, provides “pros” and “contras” of accepting judicial practice as means
of proof. As a result the author comes to a conclusion that it is possible to use judicial practice as means of proof together
with the traditional types of evidence.
Keywords:
jurisprudence, court, form, type, practice, means, evidence, arbitration, process, decision.
Conflict: tools of stabilization
Reference:
Sarkisyan, T.B.
Peaceful settlement between the parties or an agreement on redress of harm?
// Law and Politics.
2012. ¹ 4.
P. 705-708.
URL: https://en.nbpublish.com/library_read_article.php?id=51737
Abstract:
There is a theoretical possibility as well as practical need for widening of the scope of agreements between the parties in
the criminal process via the procedures for the redress of harm caused by a crime. The basis for this procedural institution
may be found in some elements of the existing order of peaceful settlement in the criminal process.
Keywords:
jurisprudence, law, criminal judicial procedure, peaceful settlement, agreement, contract, redress, compensation, harm, loss.
Conflict: tools of stabilization
Reference:
Dryzhov, G.V.
Labor arbitration as a form of resolution of collective labor disputes.
// Law and Politics.
2012. ¹ 4.
P. 709-716.
URL: https://en.nbpublish.com/library_read_article.php?id=51738
Abstract:
Article highlights the problem of resolution of collective labor disputes by labor arbitration.
The author describes the history of creation of labor arbitration in the Russian Federation, analyses matters of its action and
comes to a conclusion that labor arbitration is an institution which facilitates in fast and effective resolution of collective
labor disputes. But legal regulation of this process makes it hard to take full advantage of labor arbitration nowadays.
Keywords:
Collective labor dispute, labor arbitration, pre-trial dispute resolution, conciliation of parties, healing measures, trial, quasi-judicial functions, collective agreement, human rights.
Stabilization systems: fiscal control
Reference:
Mikhailov, M.V.
Banking system as a specifi c object of legal regulation in the conditions of fi nancial crisis.
// Law and Politics.
2012. ¹ 4.
P. 717-725.
URL: https://en.nbpublish.com/library_read_article.php?id=51739
Abstract:
Financial crisis, which started in the year 2008, compelled many states to pay specifi c attention to creating a legal basis
for not only prevention the crises, but also for neutralizing those crises which had already occurred. The article dwells
on legal status and role of banks from the viewpoint of creating a fi nancial crisis pre-requisites, analyzes the evolution of
the banking system legal regulation as a result of the crisis, as well as theoretical and practical aspects of its elementary
composition.
Keywords:
banks, banking system, fi nancial legal relations, Bank of Russia, State Corporation Deposit Insurance Agency, insolvency, resolution, securitization, loan, fi nancial crisis.
Stabilization systems: fiscal control
Reference:
Lobanov, A.V.
Provision of a credit: legal regulation of rights and obligations of a creditor under the credit
contract.
// Law and Politics.
2012. ¹ 4.
P. 726-731.
URL: https://en.nbpublish.com/library_read_article.php?id=51740
Abstract:
The article includes legal regulation of rights and obligations of the creditor in a credit contract in accordance with the
provisions of civil law and judicial practice. The author analyzes key rights of creditor in a credit contract, including the
basic right of a bank to refuse a credit, and the main obligation of the bank – to provide a credit. The author offers to include
these rights and obligations into a credit contract.
Keywords:
jurisprudence, credit contract, debtor, creditor in an obligation, percentage, real contract, consensual contract, monetary obligation, lender, obligation.
XXI century International law
Reference:
Izhikov, M.Y.
Regional systems of protection of human rights and national law: problems and interactions.
// Law and Politics.
2012. ¹ 4.
P. 732-744.
URL: https://en.nbpublish.com/library_read_article.php?id=51741
Abstract:
The author analyzes two key regional systems of protection of human rights: European and Inter-American. By comparing
their approaches to the issues of protection of human rights, the author singles out the problems of each of these systems,
which stand in the way of more effi cient interaction of those systems with the national law. For example, in respect of the
ECHR, the author mentions narrow fi nancial approach to the means of protection of human rights, the ECHR being overloaded
with cases, the practice of “pilot” decisions and the tendency to violate the subsidiary principle as its problems. In
respect of the inter-American Court on Human Rights the main problem is the low level of implementation of its decisions.
Comparison of these regional institutions allowed the author to formulate some ideas for the improvement of the work
of the ECHR. While recognizing the need to form the Russian constitutionalism as a domestic protective mechanism, the
author mentions that the situation needs to be balanced by defi ning the status of the decisions of the ECHR int eh Russian
legal system, introducing the procedure of their offi cial translation and publication, as well as establishing the principle of
control over the implementation of the decisions against the Russian Federation. These issues may be regulated by passing
a new Federal Law “On the Decisions of the European Court of Human Rights”
Keywords:
jurisprudence, human rights, international, national, interaction, European, inter-American, pilot, regional.
XXI century International law
Reference:
Smbatyan, A.S.
Customary norms of international law and general principles as a source of judicial
law-making.
// Law and Politics.
2012. ¹ 4.
P. 745-750.
URL: https://en.nbpublish.com/library_read_article.php?id=51742
Abstract:
Unlike the national systems of law, where written law guarantees an exhaustive legal regulation of social relations, in the
sphere of international life such a role is given to a customary international law. Establishment of application of international
custom and the general principles of the international law provides considerable opportunities of the judicial law-making.
The conclusions of the ICTY in this sphere provided much input into development of the international criminal law.
Keywords:
jurisprudence, international, custom, common, principle, establishment, law-making, criminal, opinio, juris
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Salagay, O.O.
Analysis of the legal positions of the European Court of Human Rights in respect of protection of
persons with mental diseases.
// Law and Politics.
2012. ¹ 4.
P. 751-757.
URL: https://en.nbpublish.com/library_read_article.php?id=51743
Abstract:
The article is devoted to the analysis of legal positions of the ECHR in sphere of protection of human rights of persons with
mental diseases. Based on the analysis of the precedents it is established that the general paradigm, which predefi nes the
logic of the legal approaches of the ECHR to this issue is the following: the persons with mental diseases require special
protection from the state and additional procedural guarantees due to their vulnerable states.
The author studied the approaches of the Court towards the legality of for involuntary hospitalization, and deprivation
of legal capacity, which are most wide-spread and serious cases of interference into the life of persons, who have mental
diseases. Then the author generalizes and formulates the criteria, which the ECRH applies, when establishing the facts of
violations of the Convention towards the category of people, which was described above. The article includes some thoughts
on improvement of the Russian legislation in this sphere.
Keywords:
jurisprudence, the ECHR, the European Court of Human Rights, The European Convention of Human Rights, psychiatry, hospitalization, lack of legal capacity, legal capacity, health, illness, disease.
Public communications
Reference:
Sadikova, I.S.
Legal aspects of protection of personal data.
// Law and Politics.
2012. ¹ 4.
P. 758-761.
URL: https://en.nbpublish.com/library_read_article.php?id=51744
Abstract:
The article refl ects the key issues, regarding violation of human rights, as guaranteed by the Constitution of the Russian
Federation, such as the inviolability of private life of every person and the prohibition of collection, keeping, use and distribution
of information on private life of a person. The author also analyzes the contradictions in the existing legislation.
Keywords:
jurisprudence, law, inviolability, person, security, data, interests, legislation, information.
Public communications
Reference:
Andreev P.G.
Problems of legislative regulation in the sphere of protection of rights of juvenile subjects of personal
data.
// Law and Politics.
2012. ¹ 4.
P. 762-766.
URL: https://en.nbpublish.com/library_read_article.php?id=51745
Abstract:
The article is devoted to the problem of legislative regulation of the relations on the protection of rights of minor subjects of
personal data. The author provides the review of the existing legislation in the sphere of personal data of minor (juvenile)
persons, as well as of the legislation on the rights of minors. The author analyzes the relevant problems, sources of threats
to rights and lawful interests of such persons, and the possible ways to neutralize such threats. Analysis of the existing
Russian legislation allows the author to come to a conclusion on the lack of quality of legal regulation in this sphere, as
expressed by a large number of gaps and confl icts of legal norms in the Federal Law “On Personal Data” with the existing
civil procedural legislation, legislation on administrative offences, etc. The author then offers the means in order to deal
with the legislative shortcomings, which are based on the systemic approach to the problem.
Keywords:
jurisprudence, personal, data, minors, protection, collision, information, security, confi dentiality.
Legal and political thought
Reference:
Pavlova, E.V.
Understanding of moral responsibility in the works of the ancient Russian thinkers.
// Law and Politics.
2012. ¹ 4.
P. 767-772.
URL: https://en.nbpublish.com/library_read_article.php?id=51746
Abstract:
The writers often state that the problem of correlation of the terms “law” and “truth” is a key confl ict of the Russian legal
conscience. In fact this confl ict gained its value during the period of expansion of the Western culture and values, when the
“truth” got separated from “law”, and at times opposed to it. The article includes analysis of the moral responsibility of the
empowered in the works of the ancient Russian thinkers and the confl ict of Russian legal conscience, which was identifi ed
by them at the time of the expansion of the Western culture and values in the ancient Russia. The author states that at that
time the church was the only consolidating and moral power in the political territory of the Ancient Russia.
Keywords:
jurisprudence, law, culture, religion, ideology, politics, Christianity, power, tradition, freedom.
History of state and law
Reference:
Balaev, H.A.
On the process of uniting the Azerbaijan Democratic Party and the People’s Party of Iran
(1952-1994).
// Law and Politics.
2012. ¹ 4.
P. 773-779.
URL: https://en.nbpublish.com/library_read_article.php?id=51747
Abstract:
The article describes the political history of the Republic of Azerbaijan in the 2nd half of the XX century. The author views
formation and evolution of the key political movements of the time: Azerbaijan Democratic Party (ADP) and the People’s Party
of Iran (PPI). The author then studies the geopolitical infl uence of the USSR (Russia) and the USA onto the development of
the Republic of Azerbaijan, pays attention to the infl uence of Iran on history and development of the Republic of Azerbaijan,
as well as to the development of the communistic movements at the territory of this state.
Keywords:
political science, Southern Azerbaijan, Iranian Azerbaijan, Azerbaijan Democratic Party, the People’s Party of Iran, National Medjlis of Azerbaijan, Azerbaijanian.
Jurisprudence
Reference:
Lidzheeva, K.V.
The means of individualization and their legal protection.
// Law and Politics.
2012. ¹ 4.
P. 780-787.
URL: https://en.nbpublish.com/library_read_article.php?id=51748
Abstract:
In article the author analyzes means of an individualization as results of intellectual activity and their legal protection
on the basis of the existing civil legislation. In particular the author analyzes service marks, commercial designations,
place of origin of goods, trademarks, trade names, and other means of individualization. The author states that the value
of means of individualization is undoubted, since on one hand they allow the customers to choose necessary goods easily,
knowing that the producer bears guaranteed responsibility for the quality of goods and tries to improve it. On the other
hand, individualization of subjects of entrepreneurial activity allows to establish state control over their activities and to
protect the rights of holders.
Keywords:
Civil code of the Russian Federation, service marks, the intellectual rights, commercial designations, names of a place of an origin of the goods, individualization means, trade marks, company names.
Jurisprudence
Reference:
Zhunina, N.I.
Basic approaches to defi ning the category of “risk” in the civil law.
// Law and Politics.
2012. ¹ 4.
P. 788-793.
URL: https://en.nbpublish.com/library_read_article.php?id=51749
Abstract:
The civil legal literature discusses risk as one of the key characteristics of the entrepreneurial activity, and a basic category
of civil law. The civil law itself is often related to an important function of fair distribution of risks among the participants
of property relations/ This article deals with the term “risk” taking into account some directions of civil legal thought,
which in turn related this category with subjective, objective and subjective-objective factors. As a result the author shows
her understanding of legal nature of risk and provides its defi nition in the civil law.
Keywords:
jurisprudence, law, risk, objectivity, subjectivity, factors, categories, defi nition, property, relations.
Jurisprudence
Reference:
Nifanov, A.N.
Complex approach to the interpretation of the state territory.
// Law and Politics.
2012. ¹ 4.
P. 794-800.
URL: https://en.nbpublish.com/library_read_article.php?id=51750
Abstract:
This article is devoted to the study of legislative and doctrinal approaches to the establishment of the state territory. The
author provides his own position on the approaches to the state territory and its elements. On the basis of ht analysis in
question, the author offers the directions for the improvement of the Russian legislation in this sphere. The author then comes
to a conclusion that it is not possible to provide a unifi ed defi nition of the state territory in general and of the territory of
the Russian Federation in particular.
Keywords:
jurisprudence, state territory, land territory, territorial sea, inland waters, subsoil, airspace, continental shelf, exclusive economic zone, jurisdiction.
Practical law manual
Reference:
Yarovenko, V.V.
Application of special knowledge when studying the judicial ballistic data (review of the practical
examples).
// Law and Politics.
2012. ¹ 4.
P. 801-806.
URL: https://en.nbpublish.com/library_read_article.php?id=51751
Abstract:
The article includes analysis of assignment and implementation of the judicial ballistic expertises of fi rearms and ammunition,
fi rst of all factory-made ones. The author pays attention to the fact that expertise usually includes expert inspection, which
does not require specifi c knowledge from the expert. Then the author offers to amend the Criminal Procedural Code of the
Russian Federation.
Keywords:
jurisprudence, special knowledge, ballistics, arms, fi rearms, subjects, studies, expertise, preliminary study, inspection.
Biblion
Reference:
Vershilo, N.D.
Review of the monograph “Legal responsibility for the environmental offences”
// Law and Politics.
2012. ¹ 4.
P. 807-810.
URL: https://en.nbpublish.com/library_read_article.php?id=51752
Abstract:
This article includes a review of the monograph “Legal responsibility for the environmental offences”, which was prepared
by the staff members and doctoral students of the Institute of State and Law of the Russian Academy of Sciences M.M.
Brinchuk, O.L. Dubovik, A.L. Ivanova, N.S. Kudelkin, G.A. Misnik, T.V. Rednikova, V.V. Sosnovskiy, who analyze the
problems of legal responsibility for the environmental offences. The work includes analysis of the bases and prerequisites
of legal responsibility for the environmental violations, types of legal responsibility, defi nition and specifi c features of
environmental harm, forms of compensation of environmental harm, environmental legal responsibility as an independent
type of legal responsibility, etc.
Keywords:
environment, environmental law, jurisprudence, environmental responsibility, environmental violations, environmental harm, environmental offences.
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