Theory
Reference:
Aliev, R.A.
Formation of the idea of national sovereignty.
// Law and Politics.
2012. ¹ 9.
P. 1466-1470.
URL: https://en.nbpublish.com/library_read_article.php?id=51822
Abstract:
The article is devoted to the analysis of formalization and defi nition of the term “sovereignty” in different schools of thought.
The author takes into account the variety of aspects of this term, an provides the grounds for the separation of this term
into state sovereignty, national sovereignty and sovereignty of the people. The author then shows the need for the analysis
of each aspect of sovereignty taking into account the globalization and regionalization processes, as well as the need to
study the basic patterns and historical forms regarding sovereignty of nation-states and various aspects of their functioning.
The article includes analysis of scientifi c works of Russian and foreign writers, which were devoted to the topical issues
of establishment and analysis of the idea of sovereignty. The author then proves that the idea of national sovereignty
characterizes the stage of development of nation-state, when it is recognized as a subject of all-national interests within
the framework of global law and order. The author then actualizes the infl uence of social and cultural conditions on the
understanding of sovereignty, and he clarifi es the formula of theoretical and methodological apparatus of sovereignty,
following the genesis of introduction of ideas on sovereignty into the formation of a state.
Keywords:
jurisprudence, state, international, relations, sovereignty, self-determination, nation, people, power, globalization.
Authority and management
Reference:
Narutto, S.V.
The principle of constitutionality of separation of competences among the state government bodies
of the Russian Federation and its constituent subjects, as refl ected in the judicial practice.
// Law and Politics.
2012. ¹ 9.
P. 1471-1478.
URL: https://en.nbpublish.com/library_read_article.php?id=51823
Abstract:
The article includes analysis of problems of division of objects of competence and powers among the state government
bodies of the Russian Federation and the state government bodies of its constituent subjects. One of the principles for such
a division is the constitutionality principle. Based on the studies of judicial decisions (mostly of the Constitutional Court
of the Russian Federation) the author evaluates the principle of constitutionality of division of objects of competence and
powers. Such criteria include refl ection of constitutional ideas and principles, correct use of constitutional terms and defi -
nitions, passing such an act by a lawfully empowered subject, taking place and form of the act into account, following the
due procedure of preparation, passing and coming into force for such an act, correlation of the meaning of the norms of
such an act to the relevant norms of the Constitution of the Russian Federation. The author also analyzes cases regarding
separation of competences between government bodies in the practice of the arbitration courts and the courts of general
jurisdiction. The judicial materials show the large variety of cases when the above-mentioned criteria are not being followed
either by the legislator or by the body, which implements the norms.
Keywords:
jurisprudence, competence, sphere, constitutionality, court, implementation of norms, federation, regional, subject, separation.
Transformation of legal and political systems
Reference:
Stanchik, S.S.
The mass media as an instrument of infl uence on the “colored revolutions”.
// Law and Politics.
2012. ¹ 9.
P. 1479-1484.
URL: https://en.nbpublish.com/library_read_article.php?id=51824
Abstract:
The “colored” upheavals on the post-Soviet territory were mostly successful due to the use of mass media by the revolutionary
opposition in order to manipulate the society. The goal of this article is to show what methods are used by the mass
media in order to form opinions and behavior of people. The so-called “non-violent” turnovers, which took place in the
former USSR republics are much similar to the “velvet” revolutions of 1989. Press and televisions assisted the downfall of
the Communism in some Eastern European states. Then the mass media on one hand actively gave appearance of active
support of such turnovers by the Western states, and on the other hand they “demonized” the Socialist form of government.
The organizers of the “colored” turnovers used the experience of their “velvet” colleagues. One of the main goals of the
mass media was to form the virtual image of a large protest movement, which almost won. The mass media also used “the
black PR” in order to stain the image of the government. Internet also played an important role in the “colored” revolutions.
The opposition sites included information and news. So one can say that the mass media were key in the support of
turnovers in Georgia, Ukraine and Kirgizia.
Keywords:
political science, colored, orange, non-violent, velvet, revolution, turnover, mass media, CIS, manipulation.
Transnational interests
Reference:
Erpyleva, N.Y.
International civil process: institutional and normative mechanism of legal regulation.
// Law and Politics.
2012. ¹ 9.
P. 1485-1531.
URL: https://en.nbpublish.com/library_read_article.php?id=51825
Abstract:
This article includes analysis of key elements of the institutional normative mechanism of international civil process as a
key object of international procedural law together with the international commercial arbitration. The international procedural
law is a branch of international private law, which is formed with the norms of national legislations and international
conventions, which regulate procedural relations including the foreign element, that is, the international procedural relations.
The object of international civil procedural law is the procedural relations in the process of international commercial
disputes at the state courts. The key elements of international civil process, which are subject to detailed analysis from both
the standpoint of national and international law, are judicial jurisdiction over international commercial disputes, application
of injunctions on civil and trade-related cases with a foreign element, provision of international legal help, including
recognition and enforcement of foreign judicial decisions.
Keywords:
jurisprudence, law, order, agreement, convention, process, claimant, respondent, court, decision, appeal.
International relations: interaction systems
Reference:
Dobrynin, N.M., Mitin, A.N.
Cui prodest: Russia in the WTO.
// Law and Politics.
2012. ¹ 9.
P. 1532-1540.
URL: https://en.nbpublish.com/library_read_article.php?id=51826
Abstract:
The President of Russia V.V. Putin signed the Federal Law on ratifi cation of the Protocol, by which Russia joins the Marrakesh
Agreement on the formation of the WTO of April 15, 1994. This protocol establishes the membership of the Russian Federation
in the WTO. Several days earlier the Constitutional Court of the Russian Federation examined the constitutionality of this
protocol, as it was demanded by the opposition, which did not know what the Government agrees to during the lengthy
negotiations. The World Trade Organization (WTO) facilitates the ideas of liberalization of international trade, which in
the opinion of many foreign and Russian scientists, are much mifologized. Therefore, there is need for the state protectionism,
or so say the critics of the global free trade. For many developing states, which joined the WTO, it brought growth of
unemployment, the national companies were pressed by the transnational companies. The law of the WTO have priority
over the national legislation, and they provide for a specifi c way of development of the state economics, where the interests
of international capital are of greater value, than the interests of the people of the WTO member states. The WTO member
states understand that the requirements of the WTO coincide with the requirements for the credits of the WTB and IMF,
which closely cooperate with the WTO. Liberalization of international trade directly infl uences the agriculture, which is
export-oriented in the developed states. It, in turn, leads to the local markets being overfi lled with the subsidized products.
In order to provide for the competitiveness of the Russian goods the adaptation period of 2 to 7 years is provided, and the
support to the agriculture shall be up to 9 billion US dollars. How shall Russia manage to use it effi ciently? There are no
guarantees that the requirements of the WTO shall be fulfi lled by all of the participants of the agricultural production, and
many segments of agriculture shall simply vanish. The opponents of the WTO in Russia consider that the foreigners shall
have about 15% of the domestic market in addition to the 15%, which they have already. The supporters of the WTO also
have their own arguments. However the real balance of losses and gains, which Russia shall have after it enters the zone
of free trade shall depend solely on the professionalism of economical policy of the Russian government.
Keywords:
jurisprudence, opponents, supporters, law of WTO, liberalization of international trade, state protectionism, WTO (World Trade Organization), WTO Member States, international law, investment, global infl uence of the WTO.
International relations: interaction systems
Reference:
Ignatov, A.V.
The sixth edition of the Manual for observing elections of OSCE/ODIHR: on the way to the reform
of the institution of international observers.
// Law and Politics.
2012. ¹ 9.
P. 1541-1550.
URL: https://en.nbpublish.com/library_read_article.php?id=51827
Abstract:
In 2010 the European offi ce of OBSE/ODIHR, which is one of the most authoritative organizations in the sphere of observation
of elections and referenda, issued the 6th edition on its manual on observing elections. The article includes comparative
analysis of the 5th and the 6th editions, then the author discusses the tendencies of development of international observation,
he establishes the issues, which need more detailed description, as well as the contradictions between its provisions and
the obligations of the states and some other problems in this sphere. The author then notes that most changes regarded
the issues of the organization of the mission, and not the contents of observation itself. On the whole, the 6th edition shows
some positive tendencies towards the reform of the institution of observation, while it fails to meet most of the expectations
of the experts.
Keywords:
jurisprudence, elections, international, observation, the OSCE/ODIHR, method, manual, obligations, standards.
Law and order
Reference:
Sipok, R.P.
Topical issues of effi ciency of criminal law norms.
// Law and Politics.
2012. ¹ 9.
P. 1551-1559.
URL: https://en.nbpublish.com/library_read_article.php?id=51828
Abstract:
The goal of this article is to show the key problems of application of criminal law, which has a number of gaps and shortcomings,
which in turn negatively infl uence its effi ciency in the sphere of lowering the level of crime in the modern society.
The object of this article is the relations of the government and the state in the sphere of compliance to the legal norms,
as well as the guarantees of state security and legal order. The key value of this article is that it lays the grounds for the
introduction of preliminary legal expertise of legislative drafts into the Russian practice. He considers that the effi ciency
of law much depends on its preliminary evaluation, and then he offers to include the institution of legal expertise of laws
as an obligatory element of legislative process. The author also offers to introduce the practice of planning and forecasting
to the existing Russian legislation. The main conclusion of this article is that the scientifi c analysis of legal problems
regarding stability of legislative acts should have considerable priority in the Russian legal science.
Keywords:
jurisprudence, criminality, security, protection, norm, law, legal conscience, state, punishment, encroachment.
Law and order
Reference:
Bykov, V.M.
Legal position of an investigator in the criminal process in Russia (part 4).
// Law and Politics.
2012. ¹ 9.
P. 1560-1564.
URL: https://en.nbpublish.com/library_read_article.php?id=51829
Abstract:
The article is devoted to the legal relations between an investigator and a head of investigative body, which are formed
based on the new Federal Law of the Russian Federation of December 28, 2010 N. 404 –FZ. Due to this the author criticizes
a number of provisions of the new law, and points out that the legislator failed to pay due attention to this type of relations,
and they still need further improvement.
Keywords:
jurisprudence, new law, investigator, head of an investigative body, investigative body, rights of a head of an investigative body, rights of a prosecutor, recommendations of a prosecutor, independence of an investigator, improvement of the law, amendments.
Human and state
Reference:
Garifullina, E.V., Khannanova, T.R.
Development of human potential as a strategic direction of the modern state
policy of Russia.
// Law and Politics.
2012. ¹ 9.
P. 1565-1571.
URL: https://en.nbpublish.com/library_read_article.php?id=51830
Abstract:
The state establishes the goal of development of the human potential. In order to achieve this goal, there is need for the
formation and implementation of the modern scientifi cally-based state policy in the sphere of development of human potential.
The formation of human potential is key to the transfer of Russia to the innovation model of development. The structural
components of human potential form an important factor for the solution of the topical problems in political, social,
economic and cultural spheres. Based on the analysis of the basic normative documents of the state, the author shows the
shortcomings of the existing policy and provides ideas for its improvement.
Keywords:
political science, state, politics, individual, potential, capital, development, strategy, education, health.
Human and environment
Reference:
Poteryaiko, L.E.
Participation of objects of biological origin in the civil circulation.
// Law and Politics.
2012. ¹ 9.
P. 1572-1575.
URL: https://en.nbpublish.com/library_read_article.php?id=51831
Abstract:
The article shows the relevance of the term “blood” as a biological object in relation to the civil law as a branch of law.
The author characterizes the ability of blood and its components for the turnover in the civil sector and the possibilities for
the privately-owned companies in this sector. The author then shows the need to reform and widen the understanding of
“blood” in order to make transplantation market more liberal. The term “object of biological origin” is based on the idea
of possibility to separate it from a whole being and possible transportation.
Keywords:
jurisprudence, civil, blood, component, donor, transplanting, turnover, origin, object, participation.
Practical law manual
Reference:
Tolpegin, P.V.
Legal procedure of non-judicial review of addresses by persons and legal entities.
// Law and Politics.
2012. ¹ 9.
P. 1576-1581.
URL: https://en.nbpublish.com/library_read_article.php?id=51832
Abstract:
The author takes a theoretical legal standpoint in order to view the legal procedure of examination of addresses by persons
and legal entities, which appears due to implementation by such persons and entities of their right to address legislative
and executive bodies, municipal bodies as well as bodies and institutions, which are not included into certain branches of
power.
The author singles out three architectures for movement of the document (address): ascending, descending, transit, as well
as the mixed form. The author offers defi nition for the term “commission” as an order given between the offi cers of a certain
body or between different bodies”. The procedure of examination of address includes the legal procedure of reporting the address, which is comparable to the implementation of law. The author establishes that commission is an act of application
of law within the legal procedure of reporting the address. The article includes description of differences in the procedure
of implementation for the various types of addresses. It is established that the non-judicial examination of addresses, which
include information on violations of subjective rights, lawful interests and current legislation, is implemented by a special
legal procedure of non-judicial protection of rights and lawful interests, which bears protective character.
Keywords:
jurisprudence, procedure, non-judicial, addresses, implementation of law, enforcement of law, commission, order, report, protection of rights.
Practical law manual
Reference:
Spodyrev, R.N.
Models of management for a limited liability company.
// Law and Politics.
2012. ¹ 9.
P. 1582-1586.
URL: https://en.nbpublish.com/library_read_article.php?id=51833
Abstract:
The effi ciency of the system of management of the LLC is crucial to the control of participants of the LLC over its activities
and achievement of its goals. Any legal entity contacts other entities and persons through the system of its organs. Due to this
fact, the correct formation, competence and interaction of such organs are directly related to effi ciency of its management
and profi tability. Based on the above-mentioned matters the author considers it very important to establish which organs
are legislatively provided for the LLCs and what is the correlation among them, if several of them are organized.
Keywords:
jurisprudence, LLC, organ, competence, model of management.
Practical law manual
Reference:
Nikitina, O.P.
Judicial examination of a document as a method of control over the claims of falsifi cation of evidence
in the arbitration process.
// Law and Politics.
2012. ¹ 9.
P. 1587-1601.
URL: https://en.nbpublish.com/library_read_article.php?id=51834
Abstract:
The goal of this article is to study the role of judicial examination of a document as one of the means of analysis of claims
on falsifi cation of documents. Examination of the document in question by the court is important in order to evaluate the
position of the party to the case, who asks for an expertise, as well as the counter-arguments of his opponent, and to form
the opinion of the court on its authenticity and the necessity of an expertise. The main goal is to fi nd elements of the document
which give grounds for the doubts in its authenticity. The results of such an examination may strengthen or weaken
the doubts of a judge in authenticity of a document, and become one of the grounds for supporting or denying the claim
for the expertise, it also may be helpful for the establishment of questions for an expert, as well as for the preparation of
materials for the expertise, and in general it facilitates correct and timely rulings on the cases.
Keywords:
jurisprudence, viewing, document, claim, expertise, control, court, authenticity, process, evidence.
Practical law manual
Reference:
Spodyrev, R.N.
Legal nature of the contract on transfer of powers of the sole executive body of the limited liability
company to an executive manager.
// Law and Politics.
2012. ¹ 9.
P. 1602-1607.
URL: https://en.nbpublish.com/library_read_article.php?id=51835
Abstract:
The article provides legal analysis of one of the types of provisions for the transfer of powers of the sole executive body in
the LLC to an executive management – that is, by the contract for the transfer of powers. Due to lack of detailed regulation
of such an order in the Russian legal doctrine, it is quite important to establish the order of this procedure and its documentary
implementation. This is especially necessary for the LLCs, which possess the large capital, as well as holdings
and trusts. While the LLCs wish to involve the qualifi ed professionals and make management of the LLC more effi cient, the
trusts and holdings wish to centralize management of the companies, which are included into a holding or a trust. Both
types of companies may face a number of diffi culties, which are due to the lack of legal regulation. This article includes
legal analysis and conclusions on the necessary elements for a contract between a legal entity, which transfers the powers
of its sole executive body and an executive manager.
Keywords:
jurisprudence, LLC, sole executive body, executive manager, contract, legal risks.
Practical law manual
Reference:
Parancheva, N.V., Efremova N.A.
Specifi c features of application of legislation on consumer protection.
// Law and Politics.
2012. ¹ 9.
P. 1608-1617.
URL: https://en.nbpublish.com/library_read_article.php?id=51836
Abstract:
The article is devoted to the briefi ng and analysis of the judicial practice in the sphere of consumer protection disputes. The
author characterizes the implementation problems in some spheres of related activities, such as joint housing development,
customer credits, tourism and medical services. The author points out the special role of offi cial publication and the need
for the uniform interpretation of the bylaws in this sphere.
Keywords:
jurisprudence, consumer, right, service, work, responsibility, credits, tourism, banking, producer.
History of state and law
Reference:
Gerasimova, D.A.
Ideological aspects of formation and implementation of the criminal law policy in the legal
positions of the Renaissance thinkers.
// Law and Politics.
2012. ¹ 9.
P. 1618-1627.
URL: https://en.nbpublish.com/library_read_article.php?id=51837
Abstract:
The goal of this article is to provide detailed analysis of the term “humanization of the criminal policy”, which is often used
when characterizing the law and system of government of the European states in XVIII century. The author of this article
studies the ideological sources for the formation of the key directions of the criminal law policy based on the current scientifi
c approaches to the theory of legal policy and on the analysis of the works of the enlighteners in the sphere of criminal
law. The author considers that the ideas of the reforms in the sphere of criminal law system, which were expressed by the
thinkers of the Enlightenment epoch, are still important in the current legal reality, while they once have formed the basis
for the scientifi c theory of criminal policy. The interpretation of the views of Charles Montesquieu and Cesare Beccaria
from the point of view of key methods of implementation of the criminal policy has certain scientifi c value, and it allows
the author to draw a conclusion that the ideas of penalization, de-penalization and differentiation of legal responsibility
together with the forms of their implementation in the state policies of the European states in XVIII century provide for the
humanization of the criminal law policy.
Keywords:
jurisprudence, morals, the Enlightenment epoch, the enlighteners, criminal policy, humanization, de-penalization, penalization, differentiation of criminal responsibility, history of legal teachings.
Legal and political thought
Reference:
Schedrina, Y.V.
The irremovability of judges from offi ce in Russia in second half of 1860 to the late 1880s: legislative
provisions an practice of their implementation.
// Law and Politics.
2012. ¹ 9.
P. 1628-1633.
URL: https://en.nbpublish.com/library_read_article.php?id=51838
Abstract:
The article is devoted to the process of legislative provisions of the irremovability of judges in several decades after the
judicial reform. The author analyzes the key elements of this principles, as well as the problems of its implementation on the
territory of the Russian Federation. The author evaluates points of view of the Russian authors on the further reforms of the
Judicial Charters, the introduction of the Highest Disciplinary Court of the Governing Senate. The author then comes to a
conclusion that the Law of May 20, 1885 was aimed to correct the norms of the Judicial Charters in part of the provisions
on irremovability of judges, and not to abolish them.
Keywords:
judicial reform, counter-reform, independency of judges, irremovability of judges, the Highest Disciplinatory Court, Judicial Charters, disciplinary responsibility, justice of peace, Crown judges.