State institutions and legal systems
Reference:
Korchagin, A.G., Ivanov, A.M.
The competition policy and legal regulation in the sphere
of anti-monopoly relations in Russia.
// Law and Politics.
2013. ¹ 5.
P. 608-616.
URL: https://en.nbpublish.com/library_read_article.php?id=51970
Abstract:
The article presents an opinion that in order to fi ght economic
crimes and to humanize the criminal legislation, this
legislation should be aimed towards preventing unfair competition
from the dominating economic subjects. Unlike in
the Western states, in Russia the state plays an important
role in the economy, many markets are monopolized by
state or municipal enterprises, or the privatized economic
subjects. In order to effi ciently fi ght crimes in the sphere
of anti-monopoly activities it is reasonable to continue improving
the existing system against cartels, other anti-competition
agreements, and pre-mediated actions. In order to
achieve these goals, fi rst of all, it is necessary to pay attention
to the mechanism of effi cient investigation of the cartel
agreements, secondly, to amend the legislation on operative
and investigative activities, and, thirdly, to deal with the legal
gap, which does not allow to free from criminal responsibility
a person, who has acknowledged his guilt during the
anti-monopoly investigation.
Keywords:
jurisprudence, civil society, monopoly, protection of competition, economic subject, dominating position, crime, criminal conspiracy, cartel, responsibility.
Transformation of legal and political systems
Reference:
Strelkova, I.I.
The institution of the consumer bankruptcy in the
Russian Federation.
// Law and Politics.
2013. ¹ 5.
P. 617-622.
URL: https://en.nbpublish.com/library_read_article.php?id=51971
Abstract:
Having studied historical, legal, social and economic
aspects of bankruptcy (insolvency) of physical persons
– debtors, the author attempts to evaluate the necessity
of the institution of consumer bankruptcy in the modern
Russian law, and to single out some topical issues in this
sphere. The article includes the study of the competence
of courts over the consumer bankruptcy in the Russian
law, and compares the Russian practice with the global
practice of regulation of bankruptcy of physical persons.
Based on the above-mentioned studies, the author offers to
reevaluate the existing rules on judicial competence over
the bankruptcy (insolvency) cases, and to discuss the issue
on transferring the cases on consumer bankruptcy to
the courts of general jurisdiction as well as on possibly
forming specialized courts on consumer bankruptcy. The
results of this study may be used in the spheres of judicial reform in order to improve the quality of adjudication in
the sphere of competence over consumer bankruptcy.
Keywords:
jurisprudence, consumer bankruptcy, insolvency, trade insolvency, citizens, competence, arbitration courts, courts, specialized courts, jurisdiction.
Transformation of legal and political systems
Reference:
Terentieva, L.V.
Copyright law of Japan in the digital age.
// Law and Politics.
2013. ¹ 5.
P. 623-633.
URL: https://en.nbpublish.com/library_read_article.php?id=51972
Abstract:
The article is devoted to the study of the concept of legal
regulation of copyright in Japan in the digital age, as well
as to the analysis of correlation of interests of copyright
holders and other categories of persons. The article demonstrates
how the technological novelties formed the basis
for the changes in the model of regulation of copyright in
Japan, while preserving the social vector of the copyright
law. The article includes the study of a large list of the social
limitations in the sphere of copyright. Then the author
comes to a conclusion that they are applicable to the digital
use of copyrighted work. Additionally to the written rules
on copyright limitations, in some cases the legislation of Japan
allows for the “free use” of copyrighted work, if it falls
within the goals and means of its use, which allows to use
the broad approach to the free use of the copyrighted work
for the educational, cultural and other goals.
Keywords:
jurisprudence, Japan, copyright, exclusive right, moral rights, Internet, reproduction, regulation, protection, circulation.
Authority and management
Reference:
Borisenkov, A.A.
On political power and its relation to the state power.
// Law and Politics.
2013. ¹ 5.
P. 634-641.
URL: https://en.nbpublish.com/library_read_article.php?id=51973
Abstract:
The article is devoted to the nature and types of political
power, its correlation with the state power and its value
for the state government. It is shown that political power
and state power are different types of social power, and
each of them has its own purpose and means of implementation.
At the same time, they may be closely correlated, if
one is to analyze political power within the state system,
which serves as means of influence on its executive institutions.
The author provides that any social power is an
institutionally formed social power. The author shows the
correlation between the political power and political institutions,
including the state political institutions, which
form the state superstructure. The author also notes the
role of these institutions within the state government system.
Based on the definition of political power, the author
formulates the law of political development.
Keywords:
politics, political power, political institution, state institution, state government, state power, state administration, state organism.
Authority and management
Reference:
Snezhko, O.A.
The modern policy in the sphere of protection of human rights.
// Law and Politics.
2013. ¹ 5.
P. 642-646.
URL: https://en.nbpublish.com/library_read_article.php?id=51974
Abstract:
The article regards the human rights protection problems
through the prism of politics. The author pays attention to
the correlation between the human rights and politics by
singling out certain directions of the state in the sphere of
protection of human rights and freedoms. The author analyzes
some modern tendencies in the sphere of human rights
protection, which refl ect upon the level of its effi ciency.
Keywords:
Human rights, politics, expediency, necessity, protection of rights, constitutionality.
Law and order
Reference:
Avdeeva, M.V.
The issues regarding crimes related to the illegal turnover
of pornography.
// Law and Politics.
2013. ¹ 5.
P. 647-654.
URL: https://en.nbpublish.com/library_read_article.php?id=51975
Abstract:
The article includes analysis of some issues of qualification
and legislative regulation regarding crimes related to
the illegal turnover of pornography. The position of the
author is based first of all on the need to guarantee the due
legal regulation of lawful activities on turnover of pornographic
products, which shall allow to deal with the criminal
law problems regarding qualification of such crimes.
The author points out, that the key steps in this direction
include the legislative provisions for the criteria for the
absolutely prohibited pornographic products (juvenile
sex, sex with animals, sex with violence), and for the relatively
allowed pornographic products, which may be used
with some limitations. The author analyzes the definitions
of pornographic materials and objects, as provided in the
latest studies on these issues. Much attention is paid to the
legislative elements of pornography, qualifications of the
elements of its production and keeping.
Keywords:
jurisprudence, pornography, legalization, Internet, production, spread, keeping, juvenile, qualification, responsibility.
Law and order
Reference:
Kukharuk, V.V.
Suspension of sentence for the drug addicts and topical
issues in its application.
// Law and Politics.
2013. ¹ 5.
P. 655-660.
URL: https://en.nbpublish.com/library_read_article.php?id=51976
Abstract:
The article provides the detailed analysis of the subjects
of drug crimes, to whom the provisions of Art. 82.1 of the
Criminal Code of the Russian Federation on suspension
of sentence apply. As a result of the comparative study of
this norms, the author shows considerable deviations from
the requirements of the Strategy of the State Anti-Narcotic
Policy of the Russian Federation for the period till 2020 in
part of the offered criminal legal measures for the curtailment
of the unlawful distribution and non-medical consumption of drugs. The author shows the non-conformity of
medical and legal elements in the terms “narcomania” and
“toxicomania” (drug abuse) in the Russian legislation and
in the requirements of the ICD-10 and the foreign legislation.
The author also shows how the normative practice of
the Government of the Russian Federation on the formation
of lists of drugs gives ground to the lack of stability to the
diagnosis of “narcomania” (drug addiction) and allows it
to transform into the toxicomania and vice versa, therefore,
it limits the possibility of the application of Art. 82.1 of
the Criminal Code depending on the type of psychoactive
drug. Taking some topical issues of implementation of a
novel criminal law institution of suspension of sentence to
the drug addicted drug criminals, the author views them
from the criminal procedural aspect, offers rational ways
for improvement of the situation.
Keywords:
jurisprudence, narcotic substances and psychoactive substances, potent and poisonous substances, psychoactive substances, narcomania and toxicomania, narco-infected, compulsory medical treatment, drug-related articles, anti-narcotic.
JUDICIAL POWER
Reference:
Eseva, E.Y.
Freedom of judiciary in the modern Russia
// Law and Politics.
2013. ¹ 5.
P. 661-666.
URL: https://en.nbpublish.com/library_read_article.php?id=51977
Abstract:
The problem of implementing the principle of separation
of powers in Russia at the present stage of development.
We analyze the current Russian legislation regulating
the position of the judiciary and judges. The functioning
of the judicial system considered in practice, identified
gaps in the legal field on this issue. The point is that
today the judiciary is clearly not doing its primary function
– containment and restriction of the legislative and
executive authorities, the implementation of legal control
over their activities and the need to change the legislation
of Russia on the basis of universally recognized
principles of international law.
Keywords:
separation of powers, the judiciary, the independence, tenure of judges, the ruling political forces, judicial reform, democracy, constitution, the disciplinary court presence, influence on the judiciary, direct election of judges.
Stabilization systems: government control
Reference:
Skrynnik, A.M.
Monitoring of the transportation security guarantees
in Russia.
// Law and Politics.
2013. ¹ 5.
P. 667-672.
URL: https://en.nbpublish.com/library_read_article.php?id=51978
Abstract:
The author provides analysis of the legal definition and
regulation of the supervision by monitoring in the sphere
of transportation security, the author also offers the ways
for the furher improvement of the monitoring system. The
article includes the definition of “monitoring of transportation security guarantees” as a process of systematic or
continuous collection of information (surveillance) and
analysis of the generalized data on the level of protection
of the transportation infrastructure objects and transportation
vehicles from the acts of unlawful interference,
including terroristic ones, in order to form and accept the
necessary decision on changing or preserving the existing
normative legal and (or) normative technical parameters.
Keywords:
jurisprudence, law, monitoring, security, guarantees, transportation, control, review, objects, regulation.
History of state and law
Reference:
Maksimova, O.D.
Formation of the Soviet marital law.
// Law and Politics.
2013. ¹ 5.
P. 673-678.
URL: https://en.nbpublish.com/library_read_article.php?id=51979
Abstract:
The article includes an attempt to follow the connection
between the Soviet marriage ideology, as announced by
the Feminist Marxists during the October Revolution and
the legislative provisions for the institution of marriage in
the fi rst Code on Marriage and Family of the Soviet State
of 1918, which led to abolition of religious marriages and
recognition of the secular marriage in Russia. The author
views the discussion of the draft Code of Laws on Civil
Status, Marriage, Family and Guardianship Law at the All-
Russian Central Executive Committee in September of
1918. The author singles out the key provisions of the Code
of Laws on Civil Status, Marriage, Family and Guardianship
of 1918 on marital relations, equality of husband and
wife, right for the freedom of divorce. One may say that the
key achievement of the Soviet marital relation was emancipation
of women, not only within a family, but within the
society as a whole. The article also contains some evaluations
of Soviet marriage of Soviet and modern times.
Keywords:
jurisprudence, marriage, marital law, Soviet law, equality, divorce, emancipation, Code, monogamy, religious marriage
History of state and law
Reference:
Puryaeva, A.Y.
Legal status of the city forests in Russia
(late XIX – early XX centuries).
// Law and Politics.
2013. ¹ 5.
P. 679-683.
URL: https://en.nbpublish.com/library_read_article.php?id=51980
Abstract:
The article of A.Y. Puryaeva is devoted to the
legal regime of forests, which were situated within the
city limits (city forests) in Russia in late XIX – early XX
centuries. The author provides the norms of the Forest
Codes (with various amendments) with were in force in
Russia before 1917, as well as the first Soviet acts, which
reflected upon the legal status of the city forests. The author
points out that at the pre-Revolution period the cities
could own forests as their property or on other bases. The
specific features of the status of city forests in the early
Soviet period was that they were recognized as a part of
united state forest funds.
Keywords:
jurisprudence, forest, forest, legislation, Russia, city, forest, forestry, funds, history.
History of state and law
Reference:
Sevryukov, D.S.
Legal regulation of the termination of the judicial
powers of the judges of the courts of general jurisdiction
in 1917 – 1938.
// Law and Politics.
2013. ¹ 5.
P. 684-690.
URL: https://en.nbpublish.com/library_read_article.php?id=51981
Abstract:
The article includes analysis of the legislative evolution
on one of the underexplored issues in the Russian science.
The author singles out the key stages in the legal regulation
of the termination of judicial powers of the judges,
he analyzes the legislative gaps, and based on the archive
materials he follows the practical implementation of legal
norms. The author comes to a conclusion that lack of
grounds for the recall or disciplinary responsibility of
judges in the normative acts, as well as lack of regulation
of the termination of judicial powers caused mass termination
of powers of judges and laid the grounds for the
“cleansings” of judicial corpus in 1930s.
Keywords:
judicial reform, Decree, recall, disciplinary responsibility, people’s court, province court, Supreme Court, law, implementation.
History of state and law
Reference:
Zholobova, G.A.
Mechanism of legal regulation of the foreign trade
of firearms in the Russian Empire at the verge of
XIX and XX centuries.
// Law and Politics.
2013. ¹ 5.
P. 691-699.
URL: https://en.nbpublish.com/library_read_article.php?id=51982
Abstract:
The article includes analysis of the current legislation, as
well as unpublished circulars and instructions of the Police
Department of the Ministry of Internal Affairs, and
archive documents, which are introduced into the scientific
turnover by the author for the first time. It allows to
study the mechanism of legal regulation of private export
and import of firearms in the Russian Empire at the
stage of development of bourgeois relations and spread
of revolutionary tendencies. The article presents unique
Russian experience of combining international, legislative,
departmental and local means of legal regulation of
the firearms trade.
Keywords:
jurisprudence, firearms, trade, limitations, import, export, commercial salesman, governor, police, supervision.
Jurisprudence
Reference:
Kostennikov, M.V.
On some topical issues of administrative law.
// Law and Politics.
2013. ¹ 5.
P. 700-707.
URL: https://en.nbpublish.com/library_read_article.php?id=51983
Abstract:
The article is devoted to the most topical problems of the
science of administrative law, as well as the practice of
implementation of law in the spheres of state administration,
economics, finances. The article includes a brief description
of a problem in various spheres of administrative
legal activities, and the author makes a number of conclusions,
provides the most authoritative points of view on
this problem, as well as his own position.
Keywords:
jurisprudence, problem, law, regulation, process, jurisdiction, topicality, state, apparatus, norm.
Jurisprudence
Reference:
Narutto, S.V.
The constitutional legal process: defi nition, characteristic
and specifi c features.
// Law and Politics.
2013. ¹ 5.
P. 708-713.
URL: https://en.nbpublish.com/library_read_article.php?id=51984
Abstract:
The article is devoted to the specific features of the
constitutional judicial process. The author analyzes
the correlation of the terms “constitutional judicial
process” with the categories of “constitutional justice”,
“constitutional judicial control”, “constitutional
judicial procedural form”. The author shows the differences
between them, as ell as the correlations of the
constitutional judicial procedural law with the constitutional
law and constitutional procedural law. The author
supports the position that constitutional judicial
procedural law may not be recognized as an independent
branch of law.
Keywords:
jurisprudence, judicial procedure, constitutional, process, control, justice, constitutionality, form, normative, specific features.
Jurisprudence
Reference:
Kokorin, A.S.
Legal nature of company mergers and acquisitions.
// Law and Politics.
2013. ¹ 5.
P. 714-719.
URL: https://en.nbpublish.com/library_read_article.php?id=51985
Abstract:
The article analyzes the nature of mergers and acquisitions,
their main features. The author provides definitions
of key terms and criteria of distinction between mergers
and acquisitions are proposed.
Keywords:
mergers, acquisitions, corporate control.