State institutions and legal systems
Reference:
Popov, E.A.
Constitutions of the world: the civilization values.
// Law and Politics.
2013. ¹ 2.
P. 162-168.
URL: https://en.nbpublish.com/library_read_article.php?id=51913
Abstract:
The article is devoted to an important issue, which draws attention
from lawyers, philosophers, historians, specialists in the
fields of social and cultural studies, in which the Constitution
is regarded as an object of axiological theses. The traditional
view of the Basic Law of the state as a normative legal act,
having supreme legal force, is complemented by the need to
evaluate the Constitution as a meta-text, which is open for the
cultural territory as a civilization value, which establishes the
vector for the development of statehood at a particular historic
period. The inter-disciplinary character of the interpretation
of the phenomenon of the Constitution allows to see the
specific social and cultural bindings, which connect society,
state, culture and people. Such an approach allows for the use
of the findings in order to broaden the heuristic boundaries
in cognition of the Constitution as a value and the spiritually
consolidating force.
Keywords:
jurisprudence, constitution, society, value, civilization, norm, state, legal conscience, meta-text, being.
State institutions and legal systems
Reference:
Milovidov, O.D.
The non-judicial dispute resolution bodies for the civil
officers claims in the USA and the Great Britain.
// Law and Politics.
2013. ¹ 2.
P. 169-173.
URL: https://en.nbpublish.com/library_read_article.php?id=51914
Abstract:
The object of this study is a combination of material and
procedural legal norms, which regulate the activities of the
non-judicial dispute resolution bodies, which deal with the
claims of civil officers in the Great Britain and the USA, as
well as the theoretical provisions of the existing studies on
civil service. The goal of this article is to uncover the specific
features of legal regulation of non-judicial resolution of
claims by civil officers in the Great Britain and the USA, as
well as to establish the status of such bodies and procedural
specific features of non-judicial protection of rights of civil
officers. The methodological basis for the studies is comprised
by the general scientific (analysis and synthesis, comparison,
description, generalization, classification, deduction and
induction) and legal (formal legal and comparative legal)
methods. The result of the study is establishment of the specific
features of the non-judicial protection of civil officers in the
states, belonging to the Anglo-Saxon legal family in accordance
with the specific features of national legal regulation.
The results of this study may be used for the improvement of
the normative legal basis and legal mechanisms for the nonjudicial
protection of civil officers in the Rusian Federation.
The conclusions of the author show the dramatically different but equally efficient approaches to the non-judicial protection
of rights of civil officers, dealing with their claims and
decision-making on these claims.
Keywords:
jurisprudence, civil, service, the Great Britain, the USA, claims, non-judicial, dealing with the case, bodies, process.
State institutions and legal systems
Reference:
Basnev, M.S.
On the issue of the implementation of “executive federalism”
concept in the Russian Federation.
// Law and Politics.
2013. ¹ 2.
P. 174-181.
URL: https://en.nbpublish.com/library_read_article.php?id=51915
Abstract:
This article is devoted to the issues on the improvement of
federal relations in Russia within the aspect of optimization
of federal and regional government bodies. The author offers
to modernize the system of relations in the executive branch
with the use of the “executive federalism” concept, which
showed positive results abroad, however with due attention
to the Russian state and national traditions. Introduction of
the principle of “executive federalism” shall allow to provide
real contents to the legal status of the constituent subjects of
the Russian Federation.
Keywords:
executive federalism, decentralization, separation of competences, Germany, executive branch of power, Austria, interaction, control, constituent subject of the federation, delegation of powers.
Transformation of legal and political systems
Reference:
Belikova, K.M.
The tendency for the unification of private law regulation
in the Latin American states on an example of the Esboço
do Código civil of 1856-1865, Civil Codes of 1916 and 2002
of Brazil.
// Law and Politics.
2013. ¹ 2.
P. 182-191.
URL: https://en.nbpublish.com/library_read_article.php?id=51916
Abstract:
The private law codes keep the national legal traditions and
they enshrine such basic legal terms as “person”, “entity”,
“obligation”, “contract”, “civil law responsibility”, etc. The
contents of these terms change depending on objective circumstances.
In this article the author provides analysis of the
development vectors of the Brazilian civil codification, taking
Esboço do Código civil of 1856-65, as well as the Civil Codes
of Brazil of 1916 and 2002 from the point of view of reflecting
the tendency for the unification of private law regulation. The
process of searching for the optimal ways of systematization
for the private law is currently topical for the Russian legal
system. The Civil Code of the Russian Federation, which was
passed 19 years ago, is now being amended at a large scale.
That is why, the additional support for certain positions from
the foreign experience is topical and practically relevant.
Keywords:
jurisprudence, Latin America, Brazil, unification, private law, regulation, Esboço do Código civil, the Civil Code of 1916, the Civil Code of 2002.
Transformation of legal and political systems
Reference:
Kabanov, P.A.
Dialectic concept for the development of political crime
in Russia.
// Law and Politics.
2013. ¹ 2.
P. 192-201.
URL: https://en.nbpublish.com/library_read_article.php?id=51917
Abstract:
The article is devoted to the issues, which characterize the condition
and dynamic changes in the sphere of political crime in
Russia in accordance to legal, doctrinal and everyday images
of such crimes and their specific kinds from the time of the Kyiv
Russia to the late XX century. Based on historical and legal
sources, the author singles out two types of political crime,
that is, criminal political violence and political non-violent
crime. These types of crime remain in the modern Russian
society as well. At the same time these types of political crime
constantly change their quality and quantity, some of them
showing themselves to greater measures, while other ones are
being overshadowed under the influence of various groups of
objective social factors at various periods of time.
Keywords:
jurisprudence, political crime, political forensic studies, riot, conspiracy, political crime, political violence, political terrorism, totalitarian crime, terror.
Transformation of legal and political systems
Reference:
Suslova, S.I.
On the requirements of humanism in the housing law
// Law and Politics.
2013. ¹ 2.
P. 202-207.
URL: https://en.nbpublish.com/library_read_article.php?id=51918
Abstract:
The article includes analysis of the requirements of humanism
in the sphere of housing legislation. The author offers to view
humanism not only in the context of legal practice, but also to
regard it as a basic principle of housing law. The author also
singles out the key directions for the evaluation of humanism
of particular norm of housing law.
Keywords:
jurisprudence, humanism, principle, requirement, justice, housing, eviction, rights, analogy
Law and order
Reference:
Lipinsky, D.A.
The offence as an actual basis for the legal responsibility
// Law and Politics.
2013. ¹ 2.
P. 208-217.
URL: https://en.nbpublish.com/library_read_article.php?id=51919
Abstract:
The author analyzes the offence in its relation to the legal responsibility.
He focuses on the most controversial elements of
an offence, their differences in the theory of state and law and
specific branches of law and legal science. The author carries
out a comparative analysis of legislative formulae of the concept
of breach of law in the domestic and foreign legal instruments.
Keywords:
legal responsibility; legal fact; the offence; the elements of the offence; the occurrence of legal
Law and order
Reference:
Aliyev, Nazim Kazim-ogly
Some issues on the improvement of norms on definition
and elements of complicity in criminal law of Azerbaijan.
// Law and Politics.
2013. ¹ 2.
P. 218-222.
URL: https://en.nbpublish.com/library_read_article.php?id=51920
Abstract:
Complicity in crime is one of the most topical theoretical issues
and complicated matters in legal pratice among the institutes
of criminal law. The disputes among the legal scholars on co-participation has been ongoing for a long time, and the
judicial practice lacks the unified approach to this issue. The
article includes analysis of the term complicity in crime in accordance
with the provisions of the Criminal Code of Republic
of Azerbaijan, then the author establishes its elements as follows:
performance of crime by two or more persons, collegial
participation in crime, purposeful character of the activities of
co-participants. Then the author offers to amend some norms
on the term and characteristic features of complicity in the
criminal law of Azerbaijan.
Keywords:
jurisprudence, complicity, elements of participation, inefficient complicity, causal link, negligent co-infliction, complicity in crime, responsibility for the complicity, complicity, participation of two or more persons.
State security
Reference:
Razumov, Y.A.
On some problems regarding modern international law
in the sphere of military and borderline security.
// Law and Politics.
2013. ¹ 2.
P. 223-227.
URL: https://en.nbpublish.com/library_read_article.php?id=51921
Abstract:
The article is devoted to the correlation between the international
law and one of its branches – the international security
law. The author evaluates the current state of international
law in the sphere of military and borderline security through
the analysis of its problems and collisions. The author singles
out four groups of such problems, namely, terminological and
organization problems, lack of cooperation, problems related
to the methods and means of national legal implementation.
The novelty of this article is in uncovering such problems and
in propositions for their solutions. The goal of the author is to
provide a general picture on the current situation in the international
law in the sphere of military and borderline security
through the prism of collisions, problems and shortcomings.
Keywords:
jurisprudence, international law, international security, military sphere, borderline sphere, implementation, norms of law, problems, legislation, trans-border crime.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Kholov, I.A.
Eurasian Economic Community: specific features, inner
processes and perspectives.
// Law and Politics.
2013. ¹ 2.
P. 228-231.
URL: https://en.nbpublish.com/library_read_article.php?id=51922
Abstract:
The author of this article provides political comparative
analysis of such integration unions as the EEC, the CIS and
the EU. He proves that currently the EEC and the Customs
Union are the most developed integration projects, and they
have a real chance to achieve impressive results on the CIS
territory. Currently the EEC and its five participants form an
unique integration formation, which has some principal differences
from both the CIS and the EU, therefore, comparisons
of these formations are either superficial, or based on formal
similarity in some respects.
Keywords:
political science, the EEC, the CIS, the EU, integration, customs, union, analysis, unity, project.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Gracheva, M.A.
Deportation of migrants in the light of the right for respect
of family life in the European Court of Human Rights.
// Law and Politics.
2013. ¹ 2.
P. 232-237.
URL: https://en.nbpublish.com/library_read_article.php?id=51923
Abstract:
This article is devoted to the practice of the European Court
of Human Rights on the cases on violations of Art. 8 of the
European Convention on Human Rights and Basic Freedoms,
namely, to the guarantees of rights for respect of family life.
The deportation of migrants by the national governments of the
Member States of the Council of Europe often leads to violation
of the above-mentioned right, which may lead to the address
of a person to the ECHR. The author provides brief analysis
on the position of the European Court of Human Rights, the
guiding principles towards the evaluation of activities of national
governments, as well as the existing legal basis for the
interpretation of Art. 8 of the European Convention.
Keywords:
jurisprudence, the European Court, the European Convention, Art. 8, migrants, deportation, rights, violation, family, protection.
History of state and law
Reference:
Georgievsky, E.V.
The symbolism of the ancient Russian criminal law.
// Law and Politics.
2013. ¹ 2.
P. 238-248.
URL: https://en.nbpublish.com/library_read_article.php?id=51924
Abstract:
The symbolism in the criminal law of the Ancient Russia
has many aspects. It reflects on the relation between the
customary law of the people, which was influenced by the
early religious beliefs, and the early state law. The ancient
Russian criminal law is full of legal symbols. The legal symbol
is a “code”, which may keep and transfer legal information.
Having special meaning, the legal symbols are transformed
and enshrined in the first normative provisions by our ancestors.
The legal symbols are included into the dispositions of
the norms, but they also serve as instruments for the differentiation
of the criminal responsibility and individualization of
punishment. The criminal legislation of the ancient Russian
state reflects the symbols of legal customs, objects and punishments.
However, the symbolism of the ancient law is not
limited to the symbolism of the legal form. In some cases a
legal symbol may have supra-legal character, for example,
in some complicated legal situation, when the deity is being
called upon. The law n the ancient Russian state is to some
extent a sacral matter, and it is directly connected to the
heroic epos and the pagan Slavic belief.
Keywords:
jurisprudence, symbol, law, the ordeal, the court, mythic and poetic, iron, arms, horse, opposition.
History of state and law
Reference:
Karsakova, S.V.
The influence of the state reforms of Tsar Peter the 1st on
the situation in the Russian society.
// Law and Politics.
2013. ¹ 2.
P. 249-253.
URL: https://en.nbpublish.com/library_read_article.php?id=51925
Abstract:
The state reforms of Tsar Peter the 1st touched upon the class
and estate structure of the Russian society. In this article they
are evaluated from the novel point of view of methodological
approaches, such as the synthesis of formation and civilization
methods. Within this framework the author evaluates the process of consolidation of the estates in Russia in the first
quarter of the XVIII century, she includes analysis of their legal
status. The reform of state and law in the social sphere at that
time was due to the transfer to a new form of organization of
state power – the Russian Empire. In their turn, the reforms
of Tsar Peter the 1st caused a serious civilization shift in the
development of the Russian society.
Keywords:
jurisprudence, Tsar Peter the 1st, society, consolidation, estates, absolute, monarchy, social, reform, Table of Ranks.
History of state and law
Reference:
Markin, V.Y.
Legal regulation of the institution of compulsory execution
in the Soviet Russia in 1920-1930s.
// Law and Politics.
2013. ¹ 2.
P. 254-259.
URL: https://en.nbpublish.com/library_read_article.php?id=51926
Abstract:
This article includes brief analysis of some normative acts
of 1920s and 1930x, which are devoted to the compulsory
execution, and which are important for analysis in the
point of view of the author. Most of the article is devoted
to analysis of the documents, which in historical science
are called “Instructions on Compulsory Execution”, and
they not only modernized the executive process, but they
also served as a quality basis for the further law-making
and unification of the Russian legislation in this sphere.
These acts are regarded in their relation to the general
tendencies of development of the Soviet state and changes
in the judicial system of that time.
Keywords:
bodies of compulsory execution, judicial system, justice, executive process, Instruction of 1929, Instruction of 1934, Instruction of 1939.
Legal and political thought
Reference:
Zhdanov, V.L.
On the issue of the formation of the Russian Cosmism.
// Law and Politics.
2013. ¹ 2.
P. 260-265.
URL: https://en.nbpublish.com/library_read_article.php?id=51927
Abstract:
In article describes and analyzes the works of Russian
cosmists like Fudorov N., A. Sukhovo-Kobylin Tsiolkovsky,
Vernadsky and A. Chizhevsky, who gave rise not only to
the establishment of practical development of the cosmos,
but also to the birth of the “space policy” . Their identity is
revealed. It is noted that Russian cosmism includes two levels
– religious, mystical and universal “unity.” Latter ideas
influenced the formation and development of modern directions
in the space policy. The attention is focused on the two
fairly clearly defined schools of Russian cosmism – Moscow
school and Kaluga school. N. Fedorov is recognized by most
researcher to be the founders of the Russian cosmism. The
conclusion is that the Russian Cosmism is one of the important
sources for the theoretical space policy related to the
practical exploring of the open space, and his ideas defined
the overall direction of the cosmological theories.
Keywords:
space policy, cosmological theory, cosmism, Russian space art, Soviet space art, antique space art, space, religious and mystical level, the universal “unity”, school of Russian cosmism, the ideas of heliocentrism.
Anthropology of law
Reference:
Yuskiv,N.V.
Anthropology of state power. Legal practice.
// Law and Politics.
2013. ¹ 2.
P. 266-273.
URL: https://en.nbpublish.com/library_read_article.php?id=51928
Abstract:
The article includes analysis of the phylosophical and legal
points of view on the phenomenon of state power. Much
attention is paid to the anthropological dimension of state
power relations. The author singles out three spherese of
scientific research in this field, such as defining place and
role of a person through the prism of free will of a person
in a conglomerate of state power processes, analysis of anthropological
qualitites of a leader as a permanent element
in the subject-related mechanism of state power relations,
reflection of the process of overcoming the crisis of trust to
state power through the reneval of the human dimension,
which it previously lost. The author formulates her own
opinion on the changes in the power process at the time of
its modern transformation.
Keywords:
jurisprudence, power, government, civil society, legitimacy, onthology, anthropology, leader, politics, totalitarism.
Practical law manual
Reference:
Berezovsky, A.I.
The sanitary and epidemiological supervision over
the common property in the apartment building.
// Law and Politics.
2013. ¹ 2.
P. 274-281.
URL: https://en.nbpublish.com/library_read_article.php?id=51929
Abstract:
The article casts light on the problems of state sanitary
and epidemiological supervision over the state of common
property in the apartment buildings. The author analyzes
the normative legal acts, which regulate sanitary and
epidemiological supervision over the state of common
property in the apartment buildings. Based on the results
of the analysis, the authors gives propositions for the legal
improvement of the supervision over the sanitary and
epidemiological well-being of the owners of apartments
in the apartment buildings.
Keywords:
jurisprudence, sanitary and epidemiological supervision, up-keeping of common property, apartment building, housing fund, housing and utilities administration, managing organizations, sanitary and epidemiological requirements, sanitary and epidemiological rules and norms, housing fund servicing organizations.
Practical law manual
Reference:
Ivanov,A.G.
Legalization of precious metals obtained by criminal means.
// Law and Politics.
2013. ¹ 2.
P. 282-286.
URL: https://en.nbpublish.com/library_read_article.php?id=51930
Abstract:
The article is devoted to the problem of criminal law evaluation
of the actions on legalization of unlawfully obtained precious
metals. In the point of view of the author, the high level of latent
illegal turnover of precious metals is due to the relative easy procedure of their legalization. Such circumstances are due
to the imperfections of legislation in this sphere, including the
norms of criminal legislation.
Keywords:
jurisprudence, legalization, precious metal, jewelry, marking, hallmark, falcification, theft, mining, nugget gold
Jurisprudence
Reference:
Kuyan,I.A.
National sovereignty: problems of definition and its contents
// Law and Politics.
2013. ¹ 2.
P. 287-294.
URL: https://en.nbpublish.com/library_read_article.php?id=51931
Abstract:
The article is devoted to the problems of definition and contents
of the term “national sovereignty”. The author views the issues
regarding the definition of the term “nation”, rights of subjects
for self-determination, bearers of sovereignty as well as the
principles of “right of nation for self-determination” and “territorial
integrity of the state”. The analysis of their normative
enshrinement and practical implementation allowed the author
to draw the conclusion on their dialectic link. In the point of
view of the author, the right of nation (when regarded as ethnic,
social and political entity) to its identity, to its position as a
political subject, bearer of statehood and sovereignty among
other nations is its natural right.
Keywords:
jurisprudence, national sovereignty, sovereignty of the people, nation, ethnos, right to self-determination, territorial integrity of the state, collective right, bearer of sovereignty.
Jurisprudence
Reference:
Makogon,B.V.
The object of procedural restrictive relations
// Law and Politics.
2013. ¹ 2.
P. 295-304.
URL: https://en.nbpublish.com/library_read_article.php?id=51932
Abstract:
This article is devoted to the study of the object in general and
the object of legal procedural restrictive relations in particular.
The author summarizes the approaches to addressing the subject
of legal relations and its classification, and he presents his
own position on the terminology and definitions of types and
diversity of restrictive procedural object relations. So far in the
general theory of law and legal sciences a legal object and an
object of the legal relationship are not always differentiated.
In this regard, on the basis of current scientific developments
the author turned to the issue of procedural definition of the
object of restrictive relations. With the development of the
theory of government, administrative and legal procedure it
became particularly evident that the current legal classification
of objects suits mostly to the theory of civil legal objects
and it remains incomplete. Based on this conclusion the author
presented his own position on the understanding of the diversity
of objects in above-mentioned relations.
Keywords:
object, object relationship, but procedural object of restrictive relationships, objects, documents, legal relationship, the tangible law, procedural law, norm.
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