Authority and management
Reference:
Scherbakova, L.V.
On implementation of public interest in the process
of performance under the administrative
contractual obligation
// Law and Politics.
2013. ¹ 4.
P. 456-464.
URL: https://en.nbpublish.com/library_read_article.php?id=51951
Abstract:
The article includes analysis of public interest in the process
of performance of the administrative contractual obligations
though the prism of such criteria, as interest representative,
detector of need, beneficiary (including temporal and quality
criteria), lawfulness and the sphere of existence of need. The
author provides her own definition of public interest in performance
of administrative contractual obligations, based upon
formal and material characteristic features.
Keywords:
jurisprudence, administrative contract, administrative contractual obligation, procedure of performance, public interests, centralization, public needs.
Authority and management
Reference:
Khodyrev, A.A.
Legal aspects of privatization within the context
of public – private partnership in Germany
// Law and Politics.
2013. ¹ 4.
P. 465-468.
URL: https://en.nbpublish.com/library_read_article.php?id=51952
Abstract:
Òhe article deals with correlation of privatization, outsourcing
and public-private partnership. Special attention is paid to
legal classification of privatization (material, or substantive
privatization, formal privatization, functional privatization).
The author argues that functional privatization is practically
tantamount to ends of public-private partnership.
Keywords:
privatization, outsourcing, legal classification of privatization, material, or substantive privatization, formal privatization, functional privatization, public-private partnership.
Authority and management
Reference:
Burenko, V.I.
Political class of the modern Russia within the framework
of instrumental approach
// Law and Politics.
2013. ¹ 4.
P. 469-472.
URL: https://en.nbpublish.com/library_read_article.php?id=51953
Abstract:
The object of study in this article is the political class in modern
Russia. The goal is to analyze efficiency of functioning of
the political class. The author used an instrumental approach
for analysis. The result is basis for the use of instrumental approach
to the term “political elite” and analysis of functioning
of the modern political class of Russia from the standpoint of
instrumental approach.
Keywords:
political science, elite, technologies, government, power, law, class, interests, state, decisions.
State institutions and legal systems
Reference:
Fedorets, M.N.
Constitutional legal bases of the Russian federalism
// Law and Politics.
2013. ¹ 4.
P. 473-482.
URL: https://en.nbpublish.com/library_read_article.php?id=51954
Abstract:
The article is devoted to the correlation of principles of
Russian federalism, and some perspectives of development of the Russian Federation. The efficient implementation
of principles of the Russian federalism is directly
dependent upon the guarantees of such global values, as
democracy, equal rights, supremacy of law and respect for
human rights. Federalism should be not only based upon
the centralization in order to mobilize the inner resources
and to achieve the goals of the government, but also it
should form the conditions for the development of territorial,
national, religious, cultural and other communities
within the united legal territory.
Keywords:
jurisprudence, federal state, structure, principles and norms, legal system, federal form of Russia, principles of federalism, the Russian Federation, the constituent subject of the Russian Federation, the Constitutional Court of the Russian Federation.
State institutions and legal systems
Reference:
Tabakov, N.V., Kretov, V.V.
Analysis of the normative legal guarantees
of the road activities in the Russian Federation
// Law and Politics.
2013. ¹ 4.
P. 483-488.
URL: https://en.nbpublish.com/library_read_article.php?id=51955
Abstract:
The article includes analysis of the definition apparatus, which
is used in the Federal Law “On automobile roads and road
activities in the Russian Federation” and other normative legal
acts, which contain normative technical terminology, which
is used in road facilities. The authors evaluate the Transport
Strategy of the Russian Federation till 2030 from the point of
view of its correspondence to the normative documents, as
well as results of administrative legal regulation of development
of the road network in Russia.
Keywords:
jurisprudence, roads, terminology, strategy, analysis, results, financing, legislation, programs, contents.
State institutions and legal systems
Reference:
Khannanova, T.R.
State agricultural policy: objectivation problems
// Law and Politics.
2013. ¹ 4.
P. 489-498.
URL: https://en.nbpublish.com/library_read_article.php?id=51956
Abstract:
Efficiency of the state agricultural policy is defined with its
correlation to the nature of agricultural economy in its objective
situation. Due to the above-mentioned reason, the goal of
such a policy is to guarantee the symbiosis of subjective and
objective elements, to avoid the contractions between them,
and to depart from the negative attitude to the natural elements
in the agricultural economy. Objectivation of the agricultural
policy of the state as a result of its activities in the sphere of
agriculture is viewed in this article as a process of cognition
and recognition of the objective patterns of nature and society.
The modern challenges demand the presence of the political
interest of the state in the sphere of agricultural sector, which
should be objectivated for the greater efficiency and sustainability
of the agricultural production.
Keywords:
political science, state, politics, law, agricultural, economics, objectivation, nature, event, subjectivation.
JUDICIAL POWER
Reference:
Tsaliev, A.M.
On the need for the further decentralization
and democratization of the judicial branch
of power in Russia
// Law and Politics.
2013. ¹ 4.
P. 499-503.
URL: https://en.nbpublish.com/library_read_article.php?id=51957
Abstract:
The article is devoted to the topical problems of decentralization
and democratization of the judicial branch of
power in the Russian Federation. Based upon the analysis
of federal and regional legislation, the author illustrates
the positive dynamics in resolving these problems, such as
introduction of the institution of non-judicial (preliminary
to judicial) dispute regulation among the participants of
civil law relations, the new Federal Law “On alternative
procedure of dispute resolution with the help of mediator
(On Mediation)”, the Federal Law “On Access to Information
to the Court Activities in the Russian Federation”,
etc. Taking into account the positive experience of the foreign
states, the author proposes to apply a number of efficient
measures, which are aimed for the improvement of
judicial structure and procedure in the Russian Federation.
In particular, he finds it necessary to optimize the correlation
of federal and regional judicial bodies, to provide
legislative guarantees for the more active participation of
people in the formation of the judicial corpus, to widen the
scope of forms of participation of people in implementation
of justice, to spread the practice of non-judicial and
preliminary-to-judicial dispute resolution, etc.
Keywords:
jurisprudence, the Constitution of the Russian Federation, the judicial power, the court, the judge, federalism, democracy, law, justice, judicial structure.
JUDICIAL POWER
Reference:
Eseva, E.Y.
Challenge of a judge in a civil process. Reality or fiction?
// Law and Politics.
2013. ¹ 4.
P. 504-508.
URL: https://en.nbpublish.com/library_read_article.php?id=51958
Abstract:
The article deals with the problem of implementation of
right of participants of a judicial process for challenging
a particular judge in order to remove him from a process.
The author analyzes the modern Russian legislation, which
regulates the relations in the sphere of judicial protection
of rights and freedoms of an individual, and for the hearing
of his case by a just and impartial court. The institution of
challenge to a judge is viewed from the point of view of
its functional direction, not as a formal norm, but as legal
means for correct and timely hearing and adjudication
in a civil case. One should mention that this institution is
neither logical, nor efficient in its current state in the civil
procedure, and the legislation needs to be amended based
on the globally recognized legal principles.
Keywords:
jurisprudence, civil process, challenge, grounds for challenge, legislation, Roman law, objectivity, fairness, impartiality, Constitution.
Transnational interests
Reference:
Erpyleva, N.Y.
Organizational and legal forms of trans-border
capital flow in the Russian banking system
// Law and Politics.
2013. ¹ 4.
P. 509-523.
URL: https://en.nbpublish.com/library_read_article.php?id=51959
Abstract:
This article is devoted to the organizational and legal forms
of tarns-border capital flow within the Russian banking system.
The author shows that the main organizational and legal
forms of presence of the foreign banking capital in the Russian
Federation are representative offices of banks and participation
in the capital of the Russian credit organization. In the
latter case, one a specific subject appears, which is a credit
organization with foreign investments. Foreign credit organizations
open their representative offices and participate in the
capital of the Russian credit organizations with the foreign investments
by permission. The author notes that the main speci
fic feature of the modern regulation of participation of the
foreign credit organizations in the banking system of Russia is
a direct prohibition of the filial offices of foreign banks in the
Russian Federation. The author studies trans-border participation
of the Russian credit organizations in the banking systems
of foreign states, which is implemented in the organizational
legal forms of representative offices (subject to notification),
filial offices of Russian credit organizations abroad (subject to
permission), and participation in the registered capital of the
subsidiary bank, which is a non-resident credit organization
(subject to permission).
Keywords:
jurisprudence, bank, filial office, representative office, organization, investment, trans-border, capital, regulation, supervision.
Transnational interests
Reference:
Pirtskhalava, H.D.
On the issue of qualification of non-contractual
trans-border obligations
(on an example of the Russian Federation and Spain)
// Law and Politics.
2013. ¹ 4.
P. 524-531.
URL: https://en.nbpublish.com/library_read_article.php?id=51960
Abstract:
The issue of qualification in international private law is fundamental.
The doctrine of international private law provides that
qualification is complicated due to the specific features of the
international private law itself. In turn, complicated character
of qualification of non-contractual trans-border obligations by
the author is due to the absence of legitimate definition of noncontractual
obligations, non-uniform character of this type of
obligations, and appearance of new types. In XXI century the
qualification of non-contractual trans-border obligations in
Russia and in Spain has evolved. For example, in Spain there
are provisions for the autonomous qualification of non-contractual
trans-border obligations. In Russia the general quali-
fication rules under the lex fori have not changed. However,
based upon the Draft for the Amendments to the Civil Code of
the Russian Federation some types of non-contractual transborder
obligation (obligations based on inß iction of harm,
obligations based on bad faith negotiations on conclusion of
contract and unjust enrichment) due to their close relation may
be classified as contractual obligations. Evolution of qualification of non-contractual obligations in the Russian Federation
were inß uenced by the following tendencies: the development
of the Russian legislation (in particular, Part VI “International
Private Law” of the Civil Code of the Russian Federation),
as well as the tendency for the harmonization of the Russian
conß ict of laws norms with the conß ict of laws norms of the
EU. In Spain evolution on this matter was based upon the uni-
fication of non-contractual trans-border obligations in the EU
under the EU Rome II Regulation.
Keywords:
jurisprudence, qualification, interpretation, evolution, definition, obligations, law, harmonization, legislation, tendencies.
XXI century International law
Reference:
Lykov, A.Y.
Political and legal perspectives of development
of the international community
// Law and Politics.
2013. ¹ 4.
P. 532-540.
URL: https://en.nbpublish.com/library_read_article.php?id=51961
Abstract:
The article includes complex political and legal analysis of the
future of the international community. In particular, the author
studies three possible versions of further development, which
are aimed at preservation of the existing model of international
relations, further decentralization, or integration of the global
state as an united political system. As a result of this study, the
author comes to a conclusion on an optimal way of evolution
of the global community.
Keywords:
jurisprudence, international, community, globalization, state, integration, system, politics, crisis, the EU.
XXI century International law
Reference:
Smbatyan, A.S.
International judicial bodies: classification within
the system in general
// Law and Politics.
2013. ¹ 4.
P. 541-547.
URL: https://en.nbpublish.com/library_read_article.php?id=51962
Abstract:
More active role of the existing international judicial bodies,
growth of their quantity, broadening and renewal of their functions
have been especially intensive during the last 20 years.
Being a consequence of a change in quality of international
justice, this process catalyzes the formation of the system of
international judicial bodies, which is not united, but is joined
by the tendency for the universalization of the international
justice and greater specialization of the international judicial
bodies at the same time. The analysis of the current situation
requires classification of the international judicial bodies.
Keywords:
jurisprudence, classification, international, justice, institution, subjects, jurisdiction, inß uence, solution, systematization.
Human and state
Reference:
Moskalenko, S.A.
Foreign experience of enshrining the constitutional
principle of equality between men and women
// Law and Politics.
2013. ¹ 4.
P. 548-552.
URL: https://en.nbpublish.com/library_read_article.php?id=51963
Abstract:
In this article the author analyzes constitutional provision for
equality between men and women. Scientific analysis of the
three groups were exposed to the constitutions of the States
in order to identify them in the rules governing the equal rights of men and women: the CIS countries (Armenia, Azerbaijan,
Belarus, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan,
Turkmenistan, Ukraine, Uzbekistan), Federated (Austria,
Belgium, Brazil, Germany, Canada), unitary (Albania,
Greece, Hungary, Ireland, Netherlands, Poland, Sweden).
The study allowed the model to isolate specific to the formalization
of the constitutional principle of gender equality in
foreign countries, and to specify the direction of improving
the rule of law in the declared area.
Keywords:
law, principle, equality, gender, discrimination, constitutional arrangements, the CIS, Federal State Unitary State.
Legal and political thought
Reference:
Kornaukhova, N.V.
V.N. Leshkov on independence of municipal government
// Law and Politics.
2013. ¹ 4.
P. 553-559.
URL: https://en.nbpublish.com/library_read_article.php?id=51964
Abstract:
The article includes analysis of the views of one of the merited
legal scholars of the second half of the XIX century –
V.N. Leshkov, who devoted his work to the issues of selfgovernment
and its independence from the state. While his
concept is not ideal and it has some contradictions, it should
be noted that he was one of the first scientists, who viewed
community as the basis for the self-government, and people
as the moving force of history. His concept has elements of
the social theory of local self-government.
Keywords:
jurisprudence, Leshkov, V.N., self-government, country council, theory, independence, state, society, reform, position.
Jurisprudence
Reference:
Khasnutdinov, R.R.
Legal responsibility as a comprehensive unit
// Law and Politics.
2013. ¹ 4.
P. 560-564.
URL: https://en.nbpublish.com/library_read_article.php?id=51965
Abstract:
Study of the processes of the evolution of legal thought on
positive legal responsibility into the approach, which viewed
legal responsibility as a comprehensive legal institution, including
such structural elements as statute (united), voluntary
(positive) and coercive (negative) forms of implementation
of legal responsibility has allowed the author to establish the
method, which allows to bring the above-mentioned structural
elements to the orderly interaction.
Keywords:
jurisprudence, legal, responsibility, positive, negative, functional, method, system, interaction, result.
Jurisprudence
Reference:
Pavlova, Y.I.
Qualification of the pipe transportation objects
as immovable property
// Law and Politics.
2013. ¹ 4.
P. 565-573.
URL: https://en.nbpublish.com/library_read_article.php?id=51966
Abstract:
The author views the definition of property complex, as well
as the key types of property complexes, such as enterprise,
linear object, engineering and manufacturing complex. The
article includes an attempt to recognize the pipe transportation
objects as immovable property and part of engineering and
manufacturing complex in particular. The relevant branches
of legislation and the legislative practice recognize pipe transportation objects as immovable property. In addition to their
connection with the land, they may be regarded as immovable
property due to their high value if compared with other types
of transportation.
Keywords:
jurisprudence, immovable property, complex, enterprise, linear object, production, technology, pipe transportation, transport.
Practical law manual
Reference:
Dmitrieva, D.E.
Choice of applicable law and arbitration clauses
in a reinsurance contract
// Law and Politics.
2013. ¹ 4.
P. 574-585.
URL: https://en.nbpublish.com/library_read_article.php?id=51967
Abstract:
The author analyzes the problems of choosing the law applicable
to reinsurance contracts. This includes analysis of dispute
resolution and provides examples of possible arbitration
clauses used in reinsurance contracts, complicated by foreign
elements. It is shown that the settlement of dispute arising between
the parties of the reinsurance contract, complicated by
a foreign element, often depends on governing law of the contract,
and on which authority of dispute resolution was chosen
by the parties of the contract.
Keywords:
reinsurance, lex mercatoria, non-state body of law, Rome Convention 1980, Regulations Rome I, applicable law, dispute resolution, mediation, arbitration clause, ARIAS.
History of state and law
Reference:
Akmanov, S.S.
Credit relations of collective farms at the time of transition
in the Russian agricultural economics: historical,
agricultural and legal evaluation of dynamics of their
development
// Law and Politics.
2013. ¹ 4.
P. 586-594.
URL: https://en.nbpublish.com/library_read_article.php?id=51968
Abstract:
The article deals with the specific features of the credit
legal relations of collective farms in the conditions of the
transitional economy in the early 1990s. The author demonstrates
the regulatory and protective roles of the fifth Draft Charter of a Collective Farm of 1992, Fundamental Bases
of the Civil Legislation of the Union of Soviet Republics of
December 8, 1961, the Civil Code of RSFSR of 1964 and
Fundamental Bases of the Civil Legislation of the Union
of Soviet Socialist Republics of May 31, 1991 regarding
their provisions on property and some other interests arising
from the credit relations of collective farms. The author
also justifies the illegitimacy of transferring debts of reorganized
collective farms to the rural Executive Committees
of the Village Soviet of People’s Deputies.
Keywords:
reorganization, Draft Charter of a Collective Farm of 1992, transfer of debt, commission, recommendations, legal capacity.
In memorium
Reference:
Dubovik, O.L.
On the 90th anniversary from the birth
of Vladimir Nikolaevich Kudryavtsev
// Law and Politics.
2013. ¹ 4.
P. 595-596.
URL: https://en.nbpublish.com/library_read_article.php?id=51969
Abstract:
The article is devoted to the 90th anniversary of the Academician
V.N. Kudryavtsev, who was a renowned authority in the sphere
of criminal law and forensic sciences. His books “Causality in
Forensic Science”, “General Theory of Qualification of Crimes”
are recognized as part of the Golden Fund of the Russian legal
science and they are still in demand. It was by his initiative
together with the initiative of co-directors of the Max Planck
Institute for Foreign and International Criminal Law, that bilateral
colloquiums on problems of criminal law and forensic
science were organized. On April 10, 2013 the conference in the
memory of V.N. Kudryavtsev was held in Moscow.
Keywords:
jurisprudence, V.N. Kudryavstev, Academician, The Russian Academy of Sciences, the Institute of State and Law of the Russian Academy of Science, forensic science, conflict studies, scientist, the Federal Republic of Germany, Russia.