State institutions and legal systems
Reference:
Yapryntsev, E.V.
Delict-based legal relations at the stage of registration in the Russian election system: problems
of application of law.
// Law and Politics.
2012. ¹ 7.
P. 1188-1194.
URL: https://en.nbpublish.com/library_read_article.php?id=51790
Abstract:
This article is devoted to the topical problems of implementation of election legislation of the Russian Federation and its
constituent subject – the Republic of Bashkortostan. The author points out the existing gaps in the current election legislation.
The author analyzes the experience of the elections of 2011-2012 and the judicial practice in the sphere of disputes
related to the implementation of election law, then the author offers a number of practical recommendations.
Keywords:
jurisprudence, election legislation, Federal Law, application of law, implementation of law, quota, guarantees, municipal institution, imperative, norm.
Transformation of legal and political systems
Reference:
Mikhailov, M.V., Dayanova, E.M.
Problem of typology of educational institutions in the light of reform of education
legislation in Russia.
// Law and Politics.
2012. ¹ 7.
P. 1195-1201.
URL: https://en.nbpublish.com/library_read_article.php?id=51791
Abstract:
The existing legislation in the sphere of education causes a number of problems related to the need to define legal status of
educational institutions, and it makes their classification complicated. The exiting “hierarchy” of higher education institutions
is novel for the Russian educational reality, and while previously the typology reflected upon the nature and depth of
education programs, currently type and kind of educational institution defines mostly normative and legal specific features
as well as an economic form of functioning of an institution.
Keywords:
jurisprudence, education, institution, legal status, University, legislation, politics, system, legal relations, norm.
Transformation of legal and political systems
Reference:
Petrenko, A.V.
Evolution of the institution of legal expertise.
// Law and Politics.
2012. ¹ 7.
P. 1202-1208.
URL: https://en.nbpublish.com/library_read_article.php?id=51792
Abstract:
This article is devoted to the topical issue of historical development of the institutions of legal expertise. The article is based
upon the studies of the renown legal scholars and classic legal thinkers, such as: Montesquieu, Bentham, Bacon, Ihering,
and a number of Russian legal thinkers of the pre-Revolution period, such as M.M. Speransky, N.M. Korkunov, etc. The
author studies the evolution of the institution of legal expertise based on evolution of its constituent elements. Then the
author gives detailed analysis of problems, which arise in the history of development and studies of this institution. Then
the author provides some conclusions according to which the legal expertise walked hand in hand with the law throughout
the history of its development, while the nature of legal expertise was formed at the time of the formation of the legal
system itself. Legal expertise can be viewed as a legal construction, which includes three key elements: legal technique,
interpretation of law, systematization of law. Through studying these elements one may see the evolution of the institution
of legal expertise at the current stage of its development.
Keywords:
jurisprudence, legal, expertise, systematization, evolution, technique, interpretation, genesis, codification, law.
Public communications
Reference:
Pashinyan, I.A.
Myth as a source for the mass media information risks.
// Law and Politics.
2012. ¹ 7.
P. 1209-1213.
URL: https://en.nbpublish.com/library_read_article.php?id=51793
Abstract:
The article is devoted to the mechanism of production of information risks of the mass media, as a result of the formation
of myth. Information risks of mass media often appear as consequences of rather positive processes. There is an objective
contradiction between the goal to provide the people with the balanced information on one hand, and the movement for the
access to the mass media. The instruments for the formation of myth include such risks.
Keywords:
political studies, information risks, mass media, myth, social opinion, lies, falsification, slander, violence, citizens.
Human and state
Reference:
Popov, E.A., Maksimova, S.G.
Civil society in the modern Russia: regional dimension.
// Law and Politics.
2012. ¹ 7.
P. 1214-1218.
URL: https://en.nbpublish.com/library_read_article.php?id=51794
Abstract:
The center of the attention for the authors of the article is the regional dimension of the civil society. The modern social
and humanitarian knowledge possesses a dynamical discourse on civil society, and scientists in the sphere of law, political
science, social studies, and psychology provide their own accents in these studies. In the authors’ point of view the regional
level of civil initiative development is important. Use of the methods of applied sociological studies allowed to form a picture
for the evaluation of civil society by the people of Altay region of the Russian Federation. It is stressed out that for the most
people in the region the civil society is an abstract term, which is hardly present at the practical level.
Keywords:
jurisprudence, society, region, Altay, values, norms, democracy, rule of the people, politics, law.
Practical law manual
Reference:
Zarovneva, G.S.
Problems of differentiation of forms of preliminary investigation
// Law and Politics.
2012. ¹ 7.
P. 1219-1226.
URL: https://en.nbpublish.com/library_read_article.php?id=51795
Abstract:
In this article based on the analysis of the opinions of scientists and the current legislation the author views the problems
of differentiation of forms of preliminary investigation: inquiry, investigation and mixed forms. The author analyzes the
powers of an inquirer, investigator, and prosecutor. Then the author provides grounds for the position that there is more
perspective for the formation of the preliminary investigation, rather than abolishing inquiry, since it would not duly provide
for the procedural economy.
Keywords:
jurisprudence, investigation, inquiry, form, investigator, inquirer, differentiation, mixed form, reform.
Practical law manual
Reference:
Aleksova, A.V.
Participation of specialist in investigation of crimes related to unlawfully produced firearms.
// Law and Politics.
2012. ¹ 7.
P. 1227-1232.
URL: https://en.nbpublish.com/library_read_article.php?id=51796
Abstract:
Use of knowledge of knowledgeable persons is an inalienable part of an efficient process of investigation of crimes, which
are related to the use of unlawfully produced firearms. The article is devoted to the specific features and criteria for the work
of specialists when the investigator examines the crime scene, holds questioning, search or assigns expertise. Participation
of a specialist allows one to gain information in order to initiate a criminal case, to form a tactic for the investigative actions,
and to define whether an expertise is needed.
Keywords:
jurisprudence, arms, investigator, specialist, expert, knowledge, examination, questioning, search, expertise.
Jurisprudence
Reference:
Abishev, M.S.
Reasons for the conflict of laws and competition of legal norms in criminal law.
// Law and Politics.
2012. ¹ 7.
P. 1233-1236.
URL: https://en.nbpublish.com/library_read_article.php?id=51797
Abstract:
The author considers the reasons of collision and competition of legal norms in criminal law in criminal law. Based on the
nature of collision and competition legal norms, the author proves the different nature of their origin, explains the reasons
for their occurrence. Problematic issues are considered from the standpoint of general philosophical notions of cause and
effect phenomena.
Keywords:
jurisprudence, conflict of laws, collision, competition, cause, objective, subjective, legal, norm, criminal, law.
Jurisprudence
Reference:
Tsibulyak, S.I.
Definition and types of defects of legal regulation.
// Law and Politics.
2012. ¹ 7.
P. 1237-1246.
URL: https://en.nbpublish.com/library_read_article.php?id=51798
Abstract:
The article is devoted to the definition and types of the defects of legal regulation. The author offers a new definition of
a term “defect” in a narrow sense. Types of defects are classified based on several grounds, such as character of their
negative influence on the contents of legal regulation (content-related quality); the degree of their influence on the system
of law, and the mechanism of their formation and development.
Keywords:
jurisprudence, defect, law, regulation, gap, collision, lack of definition, double-reference, fictitious character, inefficiency.
Jurisprudence
Reference:
Rodionova, O.M.
On the issue of definition and contents of civil legal activity.
// Law and Politics.
2012. ¹ 7.
P. 1247-1254.
URL: https://en.nbpublish.com/library_read_article.php?id=51799
Abstract:
The article provides grounds for the independence of legal (including civil law) activity. Civil law activity is defined as a
legal activity of empowered bodies and private persons, which is aimed on the formation of legal conditions in order to
guarantee the implementation of proprietary and personal interests of the subjects of social relations. It includes the following:
goal, object, means, actions and operation, subjects of activity, source, will.
Keywords:
jurisprudence, civil law, goal, object, means, actions and operation, subjects of activity, source, will.
History of state and law
Reference:
Khalifaeva, A.K., Dzhalalova, S.M.
Shariat and its role in the legal system of Southern Dagestan: history and
modern situation.
// Law and Politics.
2012. ¹ 7.
P. 1255-1260.
URL: https://en.nbpublish.com/library_read_article.php?id=51800
Abstract:
The article is devoted to one of the most colorful sources of law of the pre-revolution Dagestan – the Shariat. The phenomenon
of the Shariat law as a system of norms of the Muslim law has always been the object of much attention among the researchers,
both historians and lawyers, both before the Revolution and currently. And the influence of Shariat on the legal system of
law in the Muslim regions of Russia is still potent.
Keywords:
jurisprudence, law, the Shariat, the Islam, religion, the Koran, fiqh, adat, the Muslim, maslagat.
History of state and law
Reference:
Slezin, A.A., Schuplenkov, O.V.
Social and political movements of the Russian youth abroad in 1920-1930: attempts
to preserve national identity.
// Law and Politics.
2012. ¹ 7.
P. 1261-1271.
URL: https://en.nbpublish.com/library_read_article.php?id=51801
Abstract:
The authors show the variety of approaches among the Russian emigrants towards the solution of problem of preservation
and formation of national and cultural identity of the Russian youth abroad. The authors provide analysis of organizational
measures, which were taken by the society of Russians abroad (First Wave) in order to form and support functioning of the
emigrant youth movements. The authors show conditions and means which allowed to successfully keep the national and
cultural enclave away from the Motherland.
Keywords:
political science, history, denationalization, emigration, foreign lands, authentic character, young people, Sokolstvo, scouting, nation.