Authority and management
Reference:
Tsaliev, A.M.
On extension of the role of the constituent subjects
of the Russian Federation in the domestic policy of the state.
// Law and Politics.
2013. ¹ 1.
P. 6-12.
URL: https://en.nbpublish.com/library_read_article.php?id=51893
Abstract:
The article is devoted to the problem of extending the
boundaries of the role of the constituent subjects of the Russian
Federation in the domestic policy of the state, since
one of its most important means is an optimal distribution
of objects of competence between the Russian Federation
and its constituent subjects, and among the state government
bodies on various levels. The author offers a number
of measures aimed to strengthen the role of the constituent
subjects of the Russian Federation.
Keywords:
jurisprudence, objects of competence, powers, constituent subjects of the Russian Federation, treaty, agreement, domestic state policy, distribution, the Constitution of the Russian Federation.
Authority and management
Reference:
Narutto, S.V.
Territory of the constituent subject of the Russian
Federation.
// Law and Politics.
2013. ¹ 1.
P. 13-17.
URL: https://en.nbpublish.com/library_read_article.php?id=51894
Abstract:
Based on the analysis of the Constitutions of the Republics
and the Ustavs of the other constituent subjects of the Russian
Federation, as well as the current regional legislation,
the author studies the definition of territory of the constituent
subjects of the federation as an object of their application. It
is noted that the limits to the independency of the constituent
subjects are understood in a variety of ways. The author
singles out four approaches towards territory in regional
constitutional (Ustav) regulation: geographical, administrative
territorial, municipal territorial and lack of regulation.
Having analyzed the geographical approach, and noting the
variety of formulae in the relevant legislation, the author
comes to a conclusion that the territory of a constituent subject
includes dry land, domestic waters, the aerial space over
the waters and land, as well as the subsoil of the constituent
subject. This position is supported by the issues of shared
competence of the Russian Federation and its constituent
subjects according to the Constitution of the Russian Federation.
The author points out that administrative territorial
approach is characterized by provision for administrative
territorial objects with no geographical references. The municipal
territorial approach is characterized by mention of
municipal formations within the territory of the constituent
subject. It is noted that most of the constituent subjects fail to
define territory in their basic laws. Then the author comes to
a conclusion, that it is necessary to harmonize the legislation of the constituent subjects of the Russian Federation in the
sphere of defining their territory.
Keywords:
jurisprudence, territory, constituent subject, federation, Ustav, dry soil, waters, air, unit.
Authority and management
Reference:
Zabelina, M.V.
Borders of the constituent subjects of the Russian Federation:
definition, status, functions, and legal guarantees.
// Law and Politics.
2013. ¹ 1.
P. 18-26.
URL: https://en.nbpublish.com/library_read_article.php?id=51895
Abstract:
The article is devoted to the study of the borders of the constituent
subjects of the Russian Federation: their definition, legal
status and functions. Much attention is paid to the legal provision
on such borders. The author offers to provide special
laws of the subjects of the Russian Federation on the borders
between the subjects and to include detailed cartographic data
into the appendixes to such laws, so that there would be no disputes.
She also offers to resolve disputes between the subjects
of the Russian Federation by treaties, which would be ratified
by the Council of the Federation of the Federal Assembly of
the Russian Federation.
Keywords:
jurisprudence, federalism, constituent subject, border, territory, law, status, Constitution, delimitation, demarcation.
State institutions and legal systems
Reference:
Sergeeva, S.L.
Functioning of the institutions of the state government
in the conditions of the modernization of the political
system: constitutional bases and political practice
(comparative analysis).
// Law and Politics.
2013. ¹ 1.
P. 27-33.
URL: https://en.nbpublish.com/library_read_article.php?id=51896
Abstract:
On the basis of the analysis of the key indicators of effective
functioning for the state political system, such as separation
of powers and the checks and balances system, the author
provides comparative analysis of the state systems in the
USA, France and Russia. Based on the studies of interactions
between the presidential, executive, legislative and judicial
branches of power in the Western states, the author shows
specific features and problems of state system in modern Russia,
and she also reveals the tendencies of development and
discusses necessary initiatives for the transition of the Russian
super-Presidential form of government to the Presidential-
Parliamentary form of government.
Keywords:
political system, public administration, state power, state system, separation of powers, political system of the USA, political system of France, political system of Russia, Presidential form of government, Presidential-Parliamentary form of government, super-Presidential form of government.
State institutions and legal systems
Reference:
Litovkina, M.I.
Role of the social state in guarantees of medicinal security
in implementation of the constitutional right for the health
protection.
// Law and Politics.
2013. ¹ 1.
P. 34-45.
URL: https://en.nbpublish.com/library_read_article.php?id=51897
Abstract:
The author analyses the main characteristics of the social
state (with the priority for the protection of vital social human
rights), as a theoretical doctrine, a constitutional formula and
a social policy within the framework of globalization with the
variety of global threats. The author emphasizes that among
the global threats to health one should consider the negative
effects of medications, including the problem of medication
safety, since about a quarter of diseases on the planet are the
result of its violations The article also focuses on the problem
of patient safety (such as «the ability to reduce the risk of harm
associated with health services to an acceptable minimum»),
particularly taking into account that the health of the population
is currently considered to be the primary goal for the national
security, and the security of an individual and citizen is
recognized to be of the social, constitutional and legal value.
Therefore, the implementation of the constitutional right to
health protection is possible within the safe health care system,
providing for the safe medical activities, including using
the safe medications. The task of medicinal safety can be
fulfilled by the guarantees of the right for the health protection;
by the individual and governmental activities, which are
aimed to protect and defend this right, as well as due to the
development of certain legal rules (through the development
and improvement of legislation on health care, as well as its
structural components, – the legislation on the circulation of
medications), which is impossible without the purposive activity
of Russia, as a socially oriented state.
Keywords:
Social state, constitutional right on health protection, globalization, medication, medication safety, patient safety, global threats, legislation, humanism, medical activities, healthcare.
State institutions and legal systems
Reference:
Schepachev, V.A.
Anti-corruption expertise: a municipal aspect.
// Law and Politics.
2013. ¹ 1.
P. 46-48.
URL: https://en.nbpublish.com/library_read_article.php?id=51898
Abstract:
The author discusses the anti-corruption expertise of legal
acts at the municipal level. Then he highlights the role of examination
as one of the most effective means of combating
corruption, he studies the problems, which are associated with
inadequate legislation on the subject, offers recommendations
for improving the effectiveness of anti-corruption expertise.
Keywords:
rule-making, legislation, corruption, municipal.
State security
Reference:
Dzhamaluev, I.A.
Protection of citizens from terroristic threat: topical
administrative and legal aspects.
// Law and Politics.
2013. ¹ 1.
P. 49-52.
URL: https://en.nbpublish.com/library_read_article.php?id=51899
Abstract:
This article is devoted to the category of administrative legislative
regulation of protection of citizens from the terrorist threat.
The author provides his own definition, as well as the classificationof administrative legal norms, which provide for the regulation
in this sphere, then he draws some conclusions on the
perspectives of development of the system of administrative legal
regulation of protection of citizens from the terrorist threat.
Keywords:
jurisprudence, protection, citizens, terrorism, thre ats, aspects, classification, regulation, norms, perspectives.
State security
Reference:
Khakimov, T.U.
Development of the normative legal basis for the regimes
of military situation and public emergency situation.
// Law and Politics.
2013. ¹ 1.
P. 53-57.
URL: https://en.nbpublish.com/library_read_article.php?id=51900
Abstract:
The article is devoted to the study of the normative legal basis
for the administrative legal regimes, such as military situation
and public emergency situations in the Russian legislation, including
the pre-Revolution and Soviet periods. Characterizing
the current stage of development of the legislation on administrative
legal regimes, the article views such sources as the
Constitution of the Russian Federation, generally recognized
international acts, special and general laws on the issues, as
well as some by-laws.
Keywords:
jurisprudence, regime, war, public emergency, law, legislation, Russia, regime, basis.
JUDICIAL POWER
Reference:
Abdulvaliev, A.F.
The prerequisites and perspectives of the introduction
of an electronic form of the criminal case file into the
activities of the judicial bodies.
// Law and Politics.
2013. ¹ 1.
P. 58-65.
URL: https://en.nbpublish.com/library_read_article.php?id=51901
Abstract:
A number of legal scholars and practicing lawyers prefer
novel and progressive technologies in the criminal judicial
procedure, including the electronic case file. Also, the federal
programs on development of judicial system contain some
prerequisites, which “push” the judicial system towards the
introduction of the electronic case files. However, it seems
more reasonable to develop federal programs for the pre-trial
criminal procedures. The existing provisions for the modern
technologies shall allow to introduce the electronic case files
in the nearest decade, and it shall not require any considerable
amendments in the Criminal Procedural Code of the Russian
Federation. However, it shall be necessary to provide legislative
regulation for the application of this technology, to avoid
barriers and problems, which may arise due to the introduction
of an electronic form of criminal cases.
Keywords:
jurisprudence, judicial procedure, criminal, process, court, technologies, electronic, carrier, information, program.
Human and state
Reference:
Goncharov, A.I., Chernomorets, A.E.
The human capital in the production sphere: problems
of legal comprehension and perspectives of development
in the modern Russia.
// Law and Politics.
2013. ¹ 1.
P. 66-74.
URL: https://en.nbpublish.com/library_read_article.php?id=51902
Abstract:
The article is devoted to the topical problem related to the lack
of highly qualified professionals, as well as the low salaries
of persons employed in the sphere of production. In the opinion of the authors in order to resolve these problems, there
is need to amend the legislation, so that the role of persons,
who participate in social production with the human capital
of their intellectual and physical abilities, shall be elevated to
the proper level. In order to achieve this goal, the authors offer
to introduce the legal provisions (preferably in the Civil Code
of the Russian Federation) enshrining the abilities of a person
as its inalienable property. The basis for such provisions can
be found in Art. 34 and 37 of the Constitution of the Russian
Federation. The human capital in the production sphere is not
officially recognized, but it has always held a leading position,
since its quality and efficiency of its application are crucial for
the economic development of production enterprises as well as
the state as a whole. Human capital plays a special role in the
current situation when the production becomes more and more
technologically complex.
Keywords:
jurisprudence, individual, business company, proprietary capital, intellectual abilities, physical abilities, material benefits, moral benefits, production, right to property.
Human and state
Reference:
Kirichek, A.I.
Forms of political participation and political activity
among the modern Russian youth.
// Law and Politics.
2013. ¹ 1.
P. 75-84.
URL: https://en.nbpublish.com/library_read_article.php?id=51903
Abstract:
The author views the factors, which define the political directions
among the youth, the conventional and non-conventional
forms of political participation of the youth, political specialization.
The author then analyzes social and political positions
and values of the Russian youth. The article includes descriptions
of the key scenarios, which form the basis for the motivation
of political participation of the Russian youth. The author
views the practice of formation and functioning of the youth
Parliamentarism in Russia, and singles out the key forms of
Youth Parliaments. Then the author defines the role of the
modern youth as a subject of politics.
Keywords:
political science, youth, political activities, political participation, youth organization, parliamentarism, politization, society, state.
Human and state
Reference:
Riekkinen, M.A.
Participation of citizens in governing the state:
international legal aspect.
// Law and Politics.
2013. ¹ 1.
P. 85-91.
URL: https://en.nbpublish.com/library_read_article.php?id=51904
Abstract:
Based on the theory of consultative democracy by Jurgen
Habermas, this article supports the division between
formal and substantial participation of citizens in state
government. The substantial participation serves as a
complement to the formal elections, and it facilitates the
effective involvement of people to the process of political
decision-making. It can be achieved by a variety of forms
ranging from the civil protest to the membership in the
consultative bodies. The study is devoted to the sources of
Russian law and their application by the courts in order
to find out whether the Russian citizens have the substantial
possibilities for the public participation. It allows to evaluate how efficiently Russia manages fulfilling its international
obligations and to guarantee the right to participation
in government.
Keywords:
jurisprudence, law, government, democracy, petitions, unions, meetings the UN Committee on Human Rights, the European Court, the mass media.
XXI century International law
Reference:
Rustamova, N.N.
New developments in the sphere of approaches towards
defining applicable law and formation of the conflict of
laws norms in the international private law.
// Law and Politics.
2013. ¹ 1.
P. 92-96.
URL: https://en.nbpublish.com/library_read_article.php?id=51905
Abstract:
This article includes a brief review of one of the latest
developments in the sphere of formation of approaches to
the applicable law and to the formulation of the conflict of
law norms in the international private law, which becomes
more and more popular, which is viewing the efficiency of
the conflict of laws norms from the economic point of view.
At the same time none of the existing concepts for defining
applicable law uses economic efficiency of the conflict of
laws norm as a key principle for the approach towards the
applicable law. The article includes the system of principles
for establishing the applicable law, which is based
on the individual choices of participants of the relations in
the sphere of private law with a foreign element in order
to maximize their benefits as well as the global benefits. In
spite of the novel developments and ideas in the sphere of
approaches towards the applicable law, the author comes
to a conclusion that it will not be possible to leave the
classical approaches towards the applicable laws and
conflict of laws.
Keywords:
jurisprudence, international private law, approach, efficiency of conflict of laws norms, efficiency criterion, economic criterion, prosperity, conflict of laws norms, applicable law, establishing applicable law.
History of state and law
Reference:
Volosnikova, L.M.
University as a subject of international law:
from the history of constitutional doctrine.
// Law and Politics.
2013. ¹ 1.
P. 97-101.
URL: https://en.nbpublish.com/library_read_article.php?id=51906
Abstract:
The article is devoted to the process of formation and development
of representation of the Universities in Russia
and in Europe as a part of their constitutional status in
XIX and early XX centuries, as well as to the constitutional
doctrine of professional representation. The growth
number of representatives of academic and higher education
institutions, as accompanied by the development of
the legislative provisions in this sphere, were followed by
the considerable amount of criticism. The representation
of the Universities via the elections from an academic corporation
denies the peoples University, since the representatives
of the University tended to represent their corporations,
rather than the people as an abstract supreme legal entity, which sums up to a dogmatic fiction, which
remains the basis for the constitutional law.
Keywords:
jurisprudence, University, obligation, Constitution, election law, attitude of the Higher Chamber, freedom of science and education, academic representation, constitutional status of a University, University election district.
History of state and law
Reference:
Razumov, Y.A.
Genesis of the implementation of international law norms
in military and frontier spheres: terms and factors.
// Law and Politics.
2013. ¹ 1.
P. 102-107.
URL: https://en.nbpublish.com/library_read_article.php?id=51907
Abstract:
The article includes analysis of the periods of implementation
of international law into the domestic legislation
of Russia. The specific feature of this approach is that the
stages of state development are used in order to define the
periods, while taking into account social cultural, social
economic and class political issues. The novelty of this article
is that the aspects of such implementation in the military
and frontier sphere were not sufficiently studied before.
The goal of the article is to establish the periods and to
prove its practicality, while using the historical method for
the studies.
Keywords:
international law, domestic law, implementation, legislation, means and methods of national legal implementation.
History of state and law
Reference:
Tomtosov, A.A.
History of legal regulation of lotteries in Russia.
// Law and Politics.
2013. ¹ 1.
P. 108-116.
URL: https://en.nbpublish.com/library_read_article.php?id=51908
Abstract:
In this article the author views the sources for the legal
regulation of lotteries in Russia. The study is divided into
three periods: pre-Revolution, Soviet and modern. The author
provides detailed analysis of each of them, noting their
patterns and specific features. Then the author draws conclusions
regarding legal regulation of lotteries in Russia at
each of these stages of legislative regulation.
Keywords:
jurisprudence, lottery, game, gambling, prize, Russia, history, legal regulation, charity, risk.
Legal and political thought
Reference:
Zhdanov, V.L.
Methodological approach to the outer space policy.
// Law and Politics.
2013. ¹ 1.
P. 117-120.
URL: https://en.nbpublish.com/library_read_article.php?id=51909
Abstract:
The article is devoted to the key methodological approaches
to the outer space policy. The author analyzes empiric,
general logic, dialectic methods, studies their nature. The
author singles out a number of approaches to the studies
of outer space policy, such as the functional methodology,
comparative methodology, sociological, political and cultural
approaches. It is noted that the dialectic and systemic
approaches, as well as expert evaluation and sociological
polls have much perspective in this sphere.
Keywords:
political science, methodology, studies, general logic, open space, politics, dialectic, systemic, sociological
Jurisprudence
Reference:
Khannanov, R.A.
The new paradigm of acts in civil law: theoretical
and empiric aspects.
// Law and Politics.
2013. ¹ 1.
P. 121-137.
URL: https://en.nbpublish.com/library_read_article.php?id=51910
Abstract:
The transit of Russia to the innovation path of development
presupposes the need for the active participation in the social
relations, as well as the means to stimulate initiatives, which
may be understood as the actions aimed to achieve efficiency
and stability of social production. This article introduces a new
paradigm for the civil law acts and shows their role in the legal
regulation of social and economic relations.
Keywords:
jurisprudence, civil, fact, actions, legal, economic, individual, potential, relation, regulation.
Jurisprudence
Reference:
Kuyan, I.A.
On the issue of establishing definition and contents
of the popular sovereignty.
// Law and Politics.
2013. ¹ 1.
P. 138-145.
URL: https://en.nbpublish.com/library_read_article.php?id=51911
Abstract:
The article is devoted to the problem of defining people’s sovereignty,
and its element “that is “sovereignty” and “people”/
Much attention is paid to the study of the category “the people”,
since the variety of its interpretations creates the problems with
defining the contents of this term. The author studies the key
forms of unity of the people: the people as a collective of citizens,
people as an election corpus, people as the population,
people as a subject of constitutional law and constitutional relations.
The author views the dialectics of the relations between
the sovereignty of the people and the human rights. Then the
author comes to a conclusion that the people may be regarded
as having universal political legal capacity, which is reflected
in its exclusive right to self-determination, therefore sovereignty
belongs not only to the state, but to the people as well.
Keywords:
jurisprudence, people, people’s sovereignty, legal capacity of the people, right to self-determination, subject of constitutional legal relations, constituting power.
Jurisprudence
Reference:
Leskova, Y.G.
On the issue of changing the list of legislative criteria
for the classification of legal entities.
// Law and Politics.
2013. ¹ 1.
P. 146-150.
URL: https://en.nbpublish.com/library_read_article.php?id=51912
Abstract:
The article includes comparative legal analysis of the
classification groups of legal entities taking into account
the existing legal norms in the Russian Federation, as well
as the amendments, which shall soon be introduced into
legislation. Much attention is paid to the specific features
of commercial and non-commercial corporations, the author
then shows the prerequisites for the singling out corporate
relations in the civil law, the author also provides
grounds for the changes in the legislative criteria for the
classification of legal entities.
Keywords:
jurisprudence, types, non-commercial organizations, corporation, proprietary rights, non-proprietary rights, membership, right for participation, goal, formation, additional rights.