Theory
Reference:
Zhalinsky, A.E.
Renewal of forensic science.
// Law and Politics.
2012. ¹ 5.
P. 828-835.
URL: https://en.nbpublish.com/library_read_article.php?id=51753
Abstract:
The article is devoted to the analysis of characteristic features of the crisis of modern forensic science, as well as the
possibilities for its renewal, its adaptation to the social changes, which are taking place. The author analyzes the gaps in
forensic knowledge and the possibility to “fi ll” them. He points out that in spite of the existing diffi culties, the potential of
forensic science is great, which allows to deal with the problems of its renewal. It is pointed out that the issue of contents
of renewed forensic science should be defi ned by the realistic situation in behaviors, institutions and social need, as well
as by the objective need of overcoming crime and actual abilities of the society and the forensic science. The author points
out the need for the conventional understanding of the nature of forensic science. The forensic science is viewed as a social
institution, and its products are meant for a large group of addressees. The article is also concerned with the matter
of complete and trustworthy forensic knowledge, which is necessary for the programming of science and supporting its
necessary level.
Keywords:
jurisprudence, forensic science, legitimacy, latent, methodology, law, law-making, crime, criminality, prevention.
Authority and management
Reference:
Panteleeva, E.V.
Legal regulation of innovation entrepreneurial activity in the foreign states.
// Law and Politics.
2012. ¹ 5.
P. 836-841.
URL: https://en.nbpublish.com/library_read_article.php?id=51754
Abstract:
Transition of the Russian economy to an innovative path of development is one of the main priorities of state policy. The
article examines the legal regulation of foreign experience of innovative entrepreneurship, the study of which is necessary
for the further development of Russian business innovation. In particular, the article examines the experience of regulation
in this sphere in Norway, France and the United States.
Keywords:
innovation, business, law, support, education, research, intellectual property, promotion, foreign experience, investment.
Authority and management
Reference:
Khannanov, R.A.
Conceptual approaches to the sustainable development of agricultural production.
// Law and Politics.
2012. ¹ 5.
P. 842-866.
URL: https://en.nbpublish.com/library_read_article.php?id=51755
Abstract:
The development of agricultural production is currently on unsatisfactory level, and it needs new scientifi c guarantees.
These guarantees are currently based on dogmatic outdated concepts of organization of agricultural work and its legal
regulation. The author offers a new conceptual approach to regulation of agricultural relations based on unity of spiritual
and material issues. This approach is theoretical and applied basis for the further development of the teachings on legal
guarantees of stability of agricultural production.
Keywords:
jurisprudence, production, agricultural, stability, law, concept, regulation, complex, development.
Public communications
Reference:
Lysenkova, M.F.
Political advertisements in the Internet within the framework of information-and-communications
strategies of the election campaigns in Russia.
// Law and Politics.
2012. ¹ 5.
P. 853-961.
URL: https://en.nbpublish.com/library_read_article.php?id=51767
Abstract:
Political advertizing on the Internet is a specifi c type of political bilaterial communication, which is actively used in election
process for the purpose of infl uence on the mindsets of electors regarding political subjects or objects.
Keywords:
Internet, advertizing, party, political, communications, voters, strategy, campaign, process, the president, technology.
Transformation of legal and political systems
Reference:
Anichkin, E.S.
Political infl uence as a factor for the development of the Constitution of the Russian Federation.
// Law and Politics.
2012. ¹ 5.
P. 867-874.
URL: https://en.nbpublish.com/library_read_article.php?id=51756
Abstract:
The article is devoted to the prerequisites and patterns of political infl uence on the development of the Constitution of the
Russian Federation. The author singles out the provisions of the Constitution of the Russian Federation, which provide for
the infl uence of politics on their interpretation, implementation and development. The key patterns of such infl uence include
political infl uence when amending the initial Constitution, political elements in some decisions of the Constitutional Court
of the Russian Federation, political motivation of amendments, amendments of the Constitution for the reasons of political
character. The materials are illustrated with the examples from legislative and judicial practice of late years. The author
then makes a conclusion on natural and unavoidable character of the political factor in the development of the Russian
Constitution, and also that intensity of infl uence changes depending on the political situation.
Keywords:
jurisprudence, constitution, amendments, changes, law, project, interpretation, development, implementation, policy.
Transformation of legal and political systems
Reference:
Shakhov, E.S.
Specifi c features of legal regulation of franchise in Russia: problems and perspectives.
// Law and Politics.
2012. ¹ 5.
P. 875-879.
URL: https://en.nbpublish.com/library_read_article.php?id=51757
Abstract:
This article is devoted to the issue of specifi c features of franchise regulation in Russia. The author points out the key
problems and contradictions in the existing civil legislation, as well as the possible ways for the improvement of its legal
basis. The above-mentioned aspects of legal regulation are correlated with the international experience and are supported
with the doctrinal positions of the renowned Russian scholars, who studied franchise relations.
Keywords:
jurisprudence, franchise, Russia, regulation, legislation, contradictions, experience, doctrinalism, studies, relations.
Law and order
Reference:
Bykov, V.M.
Legal position of the investigator in the criminal procedure in Russia (part 1).
// Law and Politics.
2012. ¹ 5.
P. 880-886.
URL: https://en.nbpublish.com/library_read_article.php?id=51758
Abstract:
The article is devoted to the novel issues, which arose in the criminal process: is the investigator part of the accusation,
what are his basic rights and obligations, what is the new procedural fi gure of “ forensic investigator”? The author provides
a number of recommendations on the further development of criminal procedure on these issues.
Keywords:
investigator, accusation, functions of investigator, rights of investigator, forensic investigator, forensic actions, legality, permissibility of evidence, recommendations for the legislator.
Law and order
Reference:
Nagornaya, I.I.
The object-related characteristics of the medical activity as a basis for its criminal legal protection
(experience of Russia, the USA and France).
// Law and Politics.
2012. ¹ 5.
P. 887-896.
URL: https://en.nbpublish.com/library_read_article.php?id=51759
Abstract:
The article is devoted to the current situation with the legal regulation of medical activity in the Russian Federation after
the new law “On bases of health protection for the citizens of Russia” due to the need to form an effi cient mechanism for
the criminal legal protection of life and health of citizens in the situation of provision of health services. The professional
medical activity is analyzed as one of the types of economical activity, which satisfi es the specifi c needs of people, ad
which is irreplaceable among the issues of supporting health in the modern world. The author points out the need for the
subject-oriented understanding of medical practice and its refl ection in the legislation, which in turn should help with
further understanding of the topicality of medical law, its relation to the criminal law and overcoming of certain practical
problems. The article includes analysis of foreign (French and American) experience of legal regulation and criminal legal
protection of medical activity, the author then analyzes application of criminal law in Russia and abroad. Based on the
study the author comes to a conclusion on the need to develop new approaches to this problem.
Keywords:
law, medicine, regulation, protection, the USA, France, health, instrumental, subject-oriented.
JUDICIAL POWER
Reference:
Kozhevnikov, O.A.
Some problems related to distinguishing the jurisdiction over cases of courts of general jurisdiction
and the cases of the Constitutional (Ustav) courts of the constituent subjects of the Russian Federations, as
well as the ways to solve these problems.
// Law and Politics.
2012. ¹ 5.
P. 897-901.
URL: https://en.nbpublish.com/library_read_article.php?id=51760
Abstract:
The article is devoted to the analysis of the practice of application of Art. 27 of the Federal Constitutional Law of 31.12.1996
N. 1-FKZ “On the Judicial System of the Russian Federation”. As part of this study, the author comes to a conclusion that the
dispositive character of these provisions allows for the unfounded widening of the scope of discretion by the Constitutional
(Ustav) Courts of the constituent subjects of the Russian Federation in the sphere of confl ict-resolution.
Keywords:
jurisprudence, the Constitution of the Russian Federation, the Constitutional Court of the Russian Federation, the Constitutional (Ustav) Courts of the constituent subjects of the Russian Federation, jurisdiction, judicial disputes, the courts of general jurisdiction, the judicial system of the Russian Federation, the State Duma of the Russian Federation, the law.
JUDICIAL POWER
Reference:
Popova, I.Y.
On qualifi cation of the abuse of procedural rights.
// Law and Politics.
2012. ¹ 5.
P. 902-908.
URL: https://en.nbpublish.com/library_read_article.php?id=51761
Abstract:
The article is devoted to the analysis of nature of abuse of procedural rights, based on the analysis of the doctrinal views
in the science of civil process. The author states that such actions can only be intended, and states that such actions related
to the unfounded claims should be viewed as civil offences (Art. 10 of the Civil Code of the Russian Federation).
Keywords:
jurisprudence, abuse of procedural rights, judicial discretion, implementation of procedural rights, adversary character, civil process, civil law, civil offence, court, abuse.
International relations: interaction systems
Reference:
Kholov, I.A.
The Eurasian Union: problems and perspectives of development.
// Law and Politics.
2012. ¹ 5.
P. 909-916.
URL: https://en.nbpublish.com/library_read_article.php?id=51762
Abstract:
The author provides political analysis of the causes for the 10 years of “skidded” decisions and the ways to overcome the
existing situation in this integration project. As an example, the author points out the great differences among the economies
of the member states, which infl uence the implementation of decisions directly. In spite of the great historical integration
potential, the Member States fail to return to the former integration level of the USSR times. Then the author analyzes
EurAsEC in respect to Russia, Byelorussia, and Kazakhstan.
Keywords:
political science, EurAsEC, the Eurasian Union, development, perspectives, decisions, economics, potential, achievements, society.
International relations: interaction systems
Reference:
Voronina, A.S.
The UN Committee on the Peaceful Use of Outer Space at the current stage of development: achievements,
problems, challenges.
// Law and Politics.
2012. ¹ 5.
P. 917-933.
URL: https://en.nbpublish.com/library_read_article.php?id=51763
Abstract:
The article is devoted to the analysis of the UN Committee on the Peaceful Use of Outer Space as a central element for the
entire system of international cooperation in the studies and use of outer space, the author then evaluates its activities and
cooperation mechanisms. Much attention is paid to the changes in the role of the Committee, and the development of international
cooperation as a whole due to the changes in the sphere. The author also analyzes of the UNISPACE – III as one
of the most effi cient forums of inter-state cooperation in cosmos. The author then comes to a conclusion on the possibility
to form a similar conference in the nearest decade in order to solve the most pressing problems of the modern space law.
Keywords:
jurisprudence, cosmos, challenges, improvement, UNISPACE, perspectives, codifi cation, convention, consensus, cooperation.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Kurbanov, R.A.
The energy law of the European Union.
// Law and Politics.
2012. ¹ 5.
P. 934-941.
URL: https://en.nbpublish.com/library_read_article.php?id=51764
Abstract:
The article is devoted to the key landmarks of the formation of the energy law of the EU. It is stated that the energy law of
the EU is a complex sphere of law, which is complex and multi-faceted. The accent is on the studies of normative basis for
the energy law of the EU, this branch is studied as a number of sub-branches, such as legal regulation of oil energy, gas
energy, electric energy, renewable sources of energy, energy effi ciency and nuclear energy.
Keywords:
jurisprudence, energy law of the EU, the branch of law, complex branch of law, historical development, oil and gas energy, electric energy, renewable sources of energy, energy effi ciency, nuclear energy.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Balzamova, N.L.
Legal status of the third state citizens, who seek asylum on the territory of the European
Union.
// Law and Politics.
2012. ¹ 5.
P. 942-948.
URL: https://en.nbpublish.com/library_read_article.php?id=51765
Abstract:
The legal status of asylum-seekers in EU is analyzed in this article. Much attention is paid to the legal basis laying down
minimum standards for the reception of asylum seekers. The conditions of establishment and functioning of the Common
European Asylum System are analyzed. Signifi cant attention is paid to the criteria and mechanisms for determining the
Member State, which is responsible for examining an asylum application lodged in one of the Member States by a third-country
national. The article also concerns minimum standards on procedures in Member States for granting and withdrawing
refugee status and minimum standards for giving temporary protection in the event of a mass infl ux of displaced persons.
Keywords:
third-country national; Refugee; asylum; asylum-seeker; common European asylum system; conditions fo
Human and environment
Reference:
Vershilo, N.D.
Modernization and protection of environment: problems and perspectives.
// Law and Politics.
2012. ¹ 5.
P. 949-852.
URL: https://en.nbpublish.com/library_read_article.php?id=51766
Abstract:
This article is devoted to the legal problems of protection of environment in the conditions of modernizing economy in Russia.
The author states that modernization of economy should be implemented taking into account the sustainable development
and guaranteed in environmental legal framework by the formation of an effi cient legislative regulation of the legal means
of protection of environment and rational use of natural resources.
Keywords:
jurisprudence, law, nature, environment, modernization, sustainable development, ecology, crisis.
Law practice
Reference:
Shugrina, E.S.
The right of foreign citizens for qualifi ed legal aid.
// Law and Politics.
2012. ¹ 5.
P. 962-967.
URL: https://en.nbpublish.com/library_read_article.php?id=51768
Abstract:
The article is devoted to the specifi c features of implementation of the right of the foreign citizens for qualifi ed legal aid.
Under part 1 of Art. 48 of the Constitution of the Russian Federation each person is guaranteed the right to have qualifi ed
legal aid. This formula provides for such a right for anyone not depending on citizenship. However in some cases provision
of legal aid depends on citizenship of the Russian Federation. The author points out the differences in aid on civil and
criminal cases, she also studies the specifi c features of qualifi ed legal aid, as provided for in the international conventions
and treaties with the Russian Federation.
Keywords:
jurisprudence, legal services, foreign citizens, advocates, qualifi ed legal aid, free legal aid, civil cases, criminal cases, international agreements, international treaties, legal aid to foreign persons.
Jurisprudence
Reference:
Zakharova, I.A.
Theoretical and legal aspects of the category “publisher” in the Russian Federation.
// Law and Politics.
2012. ¹ 5.
P. 968-976.
URL: https://en.nbpublish.com/library_read_article.php?id=51769
Abstract:
The Part 4 of the Civil Code of the Russian Federation introduced the term “publisher” into scientifi c and practical sphere.
The legislator was rather superfi cial towards this institution, which lead to a number of negative situations, such as interchange
of the terms “author” and “publisher”, or misunderstandings of its application and its benefi ts among the people.
This article includes analysis of the “publisher” as a legal category in Russian civil legislation. The author analyzes the
history of its formation, forms of its practical activities and types of responsibility for violations of law by publishers.
The modern Russian science fails to distinguish “publisher” from the “author”, and many authors state that the rights of
publisher can hardly be applied in practice. The author provides practical advice on the improvement of legal regulation
of this type of social relations, offers a new solution for its practical application.
Keywords:
rudence, publisher, author, divulgation, exclusive right, forms of activities of the publisher, types of publisher, responsibility of publisher, allied rights, copyright, intellectual property.
Legal and political thought
Reference:
Komarova, V.V.
On the creative achievements of the great Russian constitutional lawyer Academician O.E. Kutafin.
// Law and Politics.
2012. ¹ 5.
P. 977-981.
URL: https://en.nbpublish.com/library_read_article.php?id=51770
Abstract:
This article is devoted to the analysis of scientifi c achievements of the great Russian constitutional lawyer O.E. Kutafi n.
The author points out that O.E. Kutafi n had made a great input into the development of the constitutional legislation of the
Russian Federation, its science and practice, and its brilliant works he laid the grounds for the need, social inevitability
and progressive character of the transfer of the Russian constitutional law to the democratic system of protection of rights.
He left great scientifi c heritage. Much attention is paid to the analyze of monographs and periodicals by O.E. Kutafi n,
his textbooks. The author analyzes Kutafi n’s points of view towards the correlation of terms “social structure” and “state
structure”, provides detailed analysis. The author also touches upon the problems of civil society, the object of constitutional
law, democracy, representation of people, municipal self-government, elections, as the issues, which were analyzed by O.E.
Kutafi n. The author describes the opinion of O.E. Kutafi n on these problems and analyzes the current legislation.
Keywords:
jurisprudence, Kutafi n Oleg Emelyanovich, constitutional law, constitutional structure, social structure, representation, civil society, municipal self-government, elections as an institution, democratic system.
History of state and law
Reference:
Rubanik, V.E.
The Western European and the Eastern European traditions of court and justice: historical roots
of their similarities and differences.
// Law and Politics.
2012. ¹ 5.
P. 982-990.
URL: https://en.nbpublish.com/library_read_article.php?id=51771
Abstract:
The author supports the thesis on historical background and law-based character of differences in the approaches to
the formation of judicial systems and justice in the Western and in the Eastern Slavic traditions. The key factors, which
infl uenced the formation of this differences, may include differences in legal position of the social classes, place and role
of church, cities, correlation of secular and religious power in social and political situation, differences in the mentality,
spiritual and legal culture, legal understanding of the Western and the Eastern Slavic societies. These matters in addition to some other factors lead to the formation of Western and Eastern Slavic traditions of court and justice, and some of the
differences sustained to this day. At the same time the common goal is to guarantee social order, inner peace and legal
protection of interests and rights of people, which can serve as a basis for their consolidation at the current stage of social
and political development.
Keywords:
jurisprudence, rights, freedoms, court, justice, judicial activity, the Western tradition of the court, the Eastern Slavonic tradition of the court, history, judicial power.
History of state and law
Reference:
Tamrazova, E.N.
Specifi c features of functioning of the state power in the Arabian Caliphate during the period
of the rule of the Umayyads
// Law and Politics.
2012. ¹ 5.
P. 991-998.
URL: https://en.nbpublish.com/library_read_article.php?id=51772
Abstract:
This article deals with the specifi c features of state power in the Arabian Caliphate at the time of the rule of the Umayaads
dynasty (661 – 750 A.C.). The author points out rights and obligations of the Caliph as a spiritual and political leader,
she also analyzes the key aspects of formation of the state caliphate bodies, establishes the problems of cooperation of the
central government and local offi cials. The author comes to a number of conclusions on the specifi c features of functioning
of the state power in the Arabian Caliphate at the time of the rule of the Umayyads.
Keywords:
Caliph, Islam, Ummah, shura, vuphud.
Biblion
Reference:
Romanova, L.I.
The review of the book of Wang Shichzhou. Modern criminal law. General part. Textbook. Beijing,
the Peking University Publishing, 2011, 330 p. ISBN 978-7-301-19493-5
// Law and Politics.
2012. ¹ 5.
P. 999-1003.
URL: https://en.nbpublish.com/library_read_article.php?id=51773
Abstract:
A review of the book “Modern criminal law”, which was written by professor Wang Shichzhou from Peking University
(Beijing, 2011) establishes that this textbook is the latest achievement of the Chinese science of criminal law, it extends the
results of the global science of criminal law in the last hundred years. Main attention was given to the analysis of Chinese
criminal law, its specifi c, original scientifi c concepts, as presented by Professor Wang and understanding of the Russian
(Soviet) theory of criminal law by Chinese counterparts.
Keywords:
criminal law, textbook, China, crime, punishment, corpus delicti, social danger.
In memorium
Reference:
In memory of Alfred Ernestovich Zhalinsky
// Law and Politics.
2012. ¹ 5.
P. 1004-1005.
URL: https://en.nbpublish.com/library_read_article.php?id=51774
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