Transformation of legal and political systems
Reference:
Afanasieva, I.M.
Evolution of the political system of Siangan: from the British
tradition to the global model of enclave development.
// Law and Politics.
2013. ¹ 3.
P. 316-321.
URL: https://en.nbpublish.com/library_read_article.php?id=51933
Abstract:
The article describes the political changes in the Special Administrative
District of Siangan since the time of colonial dependency
on the UK till the current time. The article touches
upon the problems of adaptation of the local population to the
political reforms at various periods of development of Syangan.
The article also includes analysis of problems regarding
legal adaptation of British political reforms, as well as legal
aspect of transfer of Siangan to the Chinese jurisdiction.
Keywords:
artificial political formation, colonial administration, decolonization, occupied territories, financial autonomy, direct government, liberalization, social groups, transition period, social mobilization.
Authority and management
Reference:
Popov, S.V.
Struggle of the Russian political parties related to the new
Tax and Labor Codes
(materials of the State Duma of the 3rd call)
// Law and Politics.
2013. ¹ 3.
P. 322-329.
URL: https://en.nbpublish.com/library_read_article.php?id=51934
Abstract:
The article includes analysis of the positions of all the fractions
and deputy groups in the State Duma of the 3rd call on
the key issues of transformation of tax legislation, as well as
social and labor spheres of social life. The new Tax and Labor
Codes of the Russian Federation were met with varying reactions
from the representatives of different political forces. In
the opinions of pro-Government and liberal parties, the norms
in these Codes were progressive and adequate to the social and
economic reality of early 2000s. However, the Communists
and their allies considered that the concepts of the Codes were
aimed to improve the positions of the highly paid persons at
the cost of the lowering the rights of workers.
Keywords:
political science, the Tax Code, the Labor Code, the State Duma of the 3rd call, “Edinstvo” (“Unity”), “OVR”(All the Russia is Fatherland), the Communist Party of the Russian Federation, LDPR (the Liberal Democratic Party of Russia), SPS, “Yabloko”.
Authority and management
Reference:
Kretov, V.V.
Organization, legal forms and powers of the road councils
in the foreign states.
// Law and Politics.
2013. ¹ 3.
P. 330-335.
URL: https://en.nbpublish.com/library_read_article.php?id=51935
Abstract:
The article includes the analysis of the existing practice
of involving the road councils in managing the roads. The
authors analyze the contents, functions and legal basis for the road councils of the foreign states. The author then systematizes
the information on the road councils in different
foreign states, shows their functional differences and organizational
characteristics. Then the author concludes that the
positive practice of the foreign states may also be used in the
Russian Federation.
Keywords:
jurisprudence, roads, councils, control, users, management, consultative, functional, programs, efficiency.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Belikova, K.M.
Development of the uniting idea in the North America:
political and legal aspects.
// Law and Politics.
2013. ¹ 3.
P. 336-344.
URL: https://en.nbpublish.com/library_read_article.php?id=51936
Abstract:
The article is devoted to the ideas, primary landmarks of the
uniting strategy in the North America, with the due attention
paid to the NAFTA economic block. The factors, which facilitated
integration are viewed by the author, taking the relations
between the USA and Canada. Much attention is paid to the
factors, which influenced the integration at the current time,
and the author provides a perspective overview for the future.
Attention is paid to the relations between the NAFTA and the
EU, the Mercosur, and other results of the uniting strategy in
the American continent (such as the ALADI, the ALCA, etc.).
The goal of the study is to show the patterns of development
of the integration processes in the North America. The author
uses comparative legal method, as well as historical, dialectic
methods, and specialized scientific methods.
Keywords:
jurisprudence, North American, integration, NAFTA, the USA, Mexico, ALCA, Mercosur, the All-American zone, free trade.
JUDICIAL POWER
Reference:
Konovalov, A.O.
Some problems related to the implementation of right for
access to information on the activities of the courts in Russia
(based on the materials from the Siberian Federal District).
// Law and Politics.
2013. ¹ 3.
P. 345-349.
URL: https://en.nbpublish.com/library_read_article.php?id=51937
Abstract:
The article is devoted to the analysis of practice of implementation
of the right for access to information in the activities of
the courts in the constituent subjects of the Russian Federation
within the Siberian Federal District. The author provides
results of the study on such types of rights of access, as presence
in an open judicial hearing, or provision of information
upon the request of information user in the Siberian Federal
District. The article also contains the conclusions of the author
on the current situation in the sphere of open information
on federal courts of general jurisdiction, arbitration courts and the Department for Administration of Justice in the Siberian
Federal Districts. The author also provides suggestions on the
improvement of the current legislation and legal practice in the
sphere of access to information on the activities of the courts.
Keywords:
jurisprudence, information on the activities of the courts, access to information, request for information, official website, refusal to provide information, photographing, video recording, audio recording, the Department for the Administration of Justice, Siberian Federal District, court.
XXI century International law
Reference:
Shaklein, V.V.
Topical issues regarding the UN membership.
// Law and Politics.
2013. ¹ 3.
P. 350-354.
URL: https://en.nbpublish.com/library_read_article.php?id=51938
Abstract:
The article is devoted to the issues regarding the UN membership
and the status of the UN observer. The author then
expresses an idea on the possible provision of membership for
the integration formations and other subjects of international
law, who possess partial sovereignty. This idea is supported by
the example of the EU membership in the Food and Agriculture
Organization of the UN. The author offers to amend the
Chapter 2 of the UN Charter.
Keywords:
jurisprudence, international law, the UN, the FAO, the EU, membership, integration formations, integration organizations, state, the Charter.
XXI century International law
Reference:
Gilyazeva, D.R.
International guarantees of access of indigenous peoples to
land and resources.
// Law and Politics.
2013. ¹ 3.
P. 355-362.
URL: https://en.nbpublish.com/library_read_article.php?id=51939
Abstract:
The article is devoted to the international legal guarantees of
the rights of indigenous peoples for the access to lands and territories
of their habitual dwelling and to the natural resources.
The access to land and resources is of key value for the survival
and national identity of the indigenous peoples. The article
includes analysis of the international acts, which enshrine this
right of indigenous people, as well as of the Russian legislation
in the sphere of guarantees of rights of the native minorities
of the North, Siberia and the Far East. The author comes to
the conclusion that there is need to provide for the guarantees
of priority access of the indigenous peoples to the lands and
natural resources at the place of their dwelling in order to provide
due respect and protection of their rights for subsistence,
employment and dignified human existence.
Keywords:
jurisprudence, indigenous peoples, native peoples, indigenous small-numbered peoples of the North, Siberia and Far East of the Russian Federation, access to land, access to natural resources, traditional use of nature, environmental rights, environmental protection
Conflict: tools of stabilization
Reference:
Tikhomirov, Y.A.
Conflict of laws and legal deviations.
// Law and Politics.
2013. ¹ 3.
P. 363-370.
URL: https://en.nbpublish.com/library_read_article.php?id=51940
Abstract:
The article is devoted to the issues of legal regulation as a process
of legal influence on the social relations, as well as the reasons for the deviations from legal norms, nature and types of conflict of
laws, and the competence of the modern conflict of laws regulation.
The author comes to a conclusion that legal collisions are
not accidental and they appear continuously during the process
of legal regulation. The dynamics of this process is such, that one
may mention stages of their development, and accordingly apply
legal and other mechanisms of their discovery and removal.
Keywords:
jurisprudence, law, legal regulation, deviations, conflict of laws, disagreements, disputes, mediation procedures, legislation, violations of law.
Anthropology of law
Reference:
Kabanov, P.A.
Concept of the political criminal personality as a political
and criminological category.
// Law and Politics.
2013. ¹ 3.
P. 371-380.
URL: https://en.nbpublish.com/library_read_article.php?id=51941
Abstract:
The article is devoted to the theoretical bases for the formation
of the basic universal political criminological and political
anthropological definition “personality of a political
criminal”, which may be used for the further studies in the
sphere of criminal political anthropology as an interdisciplinary
scientific direction. The author offers his own definition for the personality of political criminal as a political
and criminological category, which is viewed from the
position of the integration approach to the development of
the criminological definitions. The article includes analysis
of the correlation between the term “political criminal” and
other related definitions including scientific, literary and
popular categories, such as “political prisoner’, “political
emigrant”, “political convict”, “political exiled”, “enemy
of the nation”, “enemy of the people”, “enemy of the state”,
“opponent of the Perestroika”, “enemy of the democracy”.
Keywords:
jurisprudence, criminal, personality of a criminal, political criminal, political motivation, enemy of the people, enemy of the democracy, opponent of the Perestroika”, “political prisoner”, “political convict”.
Jurisprudence
Reference:
Zhdanov, V.L.
The space policy as a sphere of interdisciplinary studies
and as an object of political science analysis.
// Law and Politics.
2013. ¹ 3.
P. 381-384.
URL: https://en.nbpublish.com/library_read_article.php?id=51942
Abstract:
The article is devoted to the need to apply inter-disciplinary
approach to the studies of the space policy, since the studies in
this sphere require the “participation” of many sciences, which
are related to space and cosmonautics, as well as classic understanding
of the concept of “policy” in all of its varieties.
The author analyzes works of the prominent scientist in the
sphere of space and space policy, such as V.I. Vernadsky, V.N.
Gushin, B.S. Sokolov, and Payson D. The author singles out
certain approaches to the space policy, for example functional,
comparative, sociological and political – cultural methodologies.
He also notes that inter-disciplinary approach and political
science analysis have great perspectives in the sphere of
studying the space policy.
Keywords:
political science, space policy, inter-disciplinary approach, political science approach, methodological approach, political science paradigm, international relations, relations among the states, geopolitical schools, space activity.
Jurisprudence
Reference:
Polyanina, A.K.
Variety of aspects of personal security as an object of
constitutional protection.
// Law and Politics.
2013. ¹ 3.
P. 385-391.
URL: https://en.nbpublish.com/library_read_article.php?id=51943
Abstract:
The article includes analysis of the problem of understanding
the principle of personal security and inviolability. The author
pays attention to its contents, elements, their relations and the
difference between personal security and inviolability and the
protection of private life. The author also studies the views of
scientists on the nature of these principles. In the opinion of
the author, inviolability of private life is part of a more general
principle of personal security and inviolability.
Keywords:
jurisprudence, law, person, inviolability, freedom, private, interference, Constitution, honor, dignity.
History of state and law
Reference:
Soloviev, V.V.
The legal regulation and organization of preliminary
investigation in 1917-1930s.
// Law and Politics.
2013. ¹ 3.
P. 392-400.
URL: https://en.nbpublish.com/library_read_article.php?id=51944
Abstract:
The article is devoted to the legal regulation of preliminary investigation
by the NKVD RSFSR after the Soviet rule was established
in Russia. The author casts light upon the organization
of preliminary investigation as an important part of work of the
law-enforcement bodies, since there was a number of revolutions
in the early XX century, which caused large-scale changes in economic,
political, legal and other spheres of Russian state, and they
influenced the system of law-enforcement bodies as well. The
People’s Commissariat for Internal Affairs as an executive body
with vast competence investigated crimes, and its history is of
great interest. Currently the system of measures for the support of
law and order in Russia as well as for fighting crimes efficiently
requires development of preliminary investigation, and this issue
remained topical at various historical stages. The scientific work
in this sphere is directed at its further development with due consideration
of historical experience and its possible current application.
The object of the study is the social relations, based on the
implementation of functions of preliminary investigation by the
NKVD. The sources include laws, by-laws, decrees, acts of the
executive bodies, orders of various services and organizations,
etc., which regulated the activities of the preliminary investigation
by the NKVD RSFSR in 1917-1930s.
Keywords:
jurisprudence, law, legal order, legality, investigation, commissariat, militia, crime, functions.
History of state and law
Reference:
Zakrinitskaya, V.A.
At the source of the formation of the Russian system of
social care for family and children.
// Law and Politics.
2013. ¹ 3.
P. 401-405.
URL: https://en.nbpublish.com/library_read_article.php?id=51945
Abstract:
The goal of this publication is to prove that the Russian historical
experience is no less developed, when compared to analogous foreign experiences. Rather, it shows greater degree of
development. The article includes analysis of the attempts by
the state to structure and to institutionalize the system fro the
social care, and in particular, of the formation of the vertical
of power, division of competences for managing the system,
clear subordination, reporting and control over the activities of
its subjects. This analysis includes the main chronological periods
for the formation of the system of social care for family
and children from the X to the early XX centuries. The study
is based on the authentic sources, works of the pre-Revolution
and modern scientists, statistical data from the periodicals of
late XIX and early XX centuries. The author also analyzes the
bibliographic sources, which reflect upon the historiography
of subject of study during the above-mentioned period.
Keywords:
jurisprudence, social care, orders, charity, family, children, youth, Russia, legislation, history.
History of state and law
Reference:
Glazov, Y.V.
Taxation of merchantry in Russia in the first quarter
of XVIII century.
// Law and Politics.
2013. ¹ 3.
P. 406-410.
URL: https://en.nbpublish.com/library_read_article.php?id=51946
Abstract:
The article is devoted to the tax policy of the Russian state
in the first quarter of the XVIII century. The author provides
detailed analysis of the system of taxation of merchants
before the capitation tax was introduced. The article
also includes analysis of the causes for the introduction of
the capitation tax, as well as the measures taken to collect
the capitation tax from the merchants.
Keywords:
jurisprudence, merchantry, trading quarters, tax, levy, custom fee, riflemen tax, tavern tax, chancery tax, capitation tax.
Practical law manual
Reference:
Pavlova, Y.I.
Specific features of conflict of laws regulation for the
pipeline transportation.
// Law and Politics.
2013. ¹ 3.
P. 411-419.
URL: https://en.nbpublish.com/library_read_article.php?id=51947
Abstract:
This article includes analysis of the possible conflict of laws
norms, which apply to the pipeline transportation. Much attention
is paid to the pipeline transportation as an object of the
property complex, the author also singles out the specific features
of its subjects, as well as the options for the possible con-
flict of laws regulation of pipeline transportation. Each type of
transportation has its own specific features in the international
law. As it was correctly noted by M.V. Filimonova, one type
of the transportation is only regulated by the unified material
norms (air transportation), while the other is best regulated
with the unified conflict of laws norms, which allow to retain
the connect with the “parent” national legal system (railway
and automobile transportation); in some cases the universal
unification suits it best (air carriers), in other cases it is more
reasonable for the regional unification to apply (pipeline transportation,
railway transportation).
Keywords:
jurisprudence, conflict of laws, norm, property, complex, pipeline, transportation, transnational, company, regulation.
Practical law manual
Reference:
Berezovskiy, A.I.
The fire inspection of the common property in an apartment
building.
// Law and Politics.
2013. ¹ 3.
P. 420-426.
URL: https://en.nbpublish.com/library_read_article.php?id=51948
Abstract:
The article is devoted to the problems of the fire inspection
of the common property in an apartment building. The author
views the requirements of the fire security to the upkeep and
repairs of the common property of the owners of the apartments
in the apartment building. Then the author offers the
possible measures for the solution of legal problems in the
sphere of fire inspection of the housing services and utilities.
Keywords:
jurisprudence, fire inspection, upkeep of common property, apartment building, organization providing services for the housing, housing and utilities administration, housing fund, fire security requirements, anti-fire protection, anti-fire requirements.
Legal and political thought
Reference:
Redin, M.P.
Problem of stages of the crime in the scientific works of
N.F. Kuznetsova and its further solution.
// Law and Politics.
2013. ¹ 3.
P. 427-435.
URL: https://en.nbpublish.com/library_read_article.php?id=51949
Abstract:
The article is devoted to the scientific achievements of N.F.
Kuznetsova in the sphere of solving the problem of stages of
crimes, their correlation with the incomplete crime. The author
shows the value of these achievements for the further development
of the teaching on stages of implementation of criminal
intent as a new paradigm in the global criminal law. The author
establishes the intellectual connection between the stages of
implementation of criminal intent (stage of preparation for the
implementation of crime and the stage of implementation of
crime), and such terms as attack and encroachment, which previously
were deemed to be unconnected. The author discusses
the key provisions of the teaching and legislative novelties,
which are based on it. Then he discusses the issue of the need
to introduce this teaching and legislative novelties which are
based on it into the teaching process and criminal legislation.
Keywords:
N.F. Kuznetsova, scientific achievements, stages of committing crime, crimes depending on the stage of their completion, correlation of committing the crime and crimes depending on the stage of their completion, crimes with direct intent, teaching on the stages of implementing the crime, new paradigm in the global criminal law science, stage of preparation for a crime, stage of implementation of a crime, encroachment, attempt, combination of scientific and legislative novelties.
Legal and political thought
Reference:
Parkhomenko, R.N.
State and law in the works of B. Chicherin.
// Law and Politics.
2013. ¹ 3.
P. 436-444.
URL: https://en.nbpublish.com/library_read_article.php?id=51950
Abstract:
The article is devoted to the ideas of the renowned Russian
thinker and legal scholar Boris Nikolaevich Chicherin
(1828-1904) on state, civil society and definition of law. Now,
when one is to speak of the philosophical heritage of Boris
Chicherin, the researchers point out the fact that he was at the
very source of the formation of Russian political and legal science.
Boris Chicherin wrote a number of works, which were
directly or indiretly related to the legal issues, politics, history
and theory of state. The cornerstone of his philosophy was the
term of human individual as a free person, and his political
credo was to combine the liberal state and the strong government,
which he regarded as a specific feature of the Russian
state. The method of this work was to study a number of little
known works of Boris Chicherin, and the author also studied
political philosophy and philosophy of law in Russia (the
Moscow State University named after M.V. Lomonosov) and
in Germany (the Humboldt University of Berlin, the Tuebingen
State University), which allowed him to understand the
ideas of Boris Chicherin better and to evaluate them properly.
As the result of the research, the author shows that Chicherin
was trying to find a compromise between Slavophiles and
pro-Western tendencies in the Russian philosophy of XIX –
XX centuries, as well as between the ideas of anarchy and
despotism. The philosopher also was trying to find a positive
balance between the terms of freedom and equality. All of
the above-mentioned matters lead him to the creation of the
philosophic and legal concept, which one may now evaluate
as liberal-conservative. The sphere of application of results of
this study may be its use in the courses on history of political
teachings and law, as well as in the scienctific research in the
sphere of theory of state and law.
Keywords:
political science, state, law, politics, society, freedom, person, history, property, liberalism.