State institutions and legal systems
Reference:
Makartsev, A. A.
Target-Setting as the Measure of Efficiency of Voting
Rights
// Law and Politics.
2013. ¹ 6.
P. 731-740.
URL: https://en.nbpublish.com/library_read_article.php?id=51986
Abstract:
The article covers the problems related to the target-
setting feature of voting rights as the measure of their
efficiency. Based on the critical analysis of the existing
laws and regulations, it is concluded that despite a great
role which the target-setting process plays in theory and
practice, there is not enough attention being paid at this issue
in the legal environment. In particular, Russian legislation
does not have a mandatory requirement to legislate
the target of legal regulation when making a law. Further,
there is no common approach to referring to target-setting
in documents that are enclosed to a draft law in the process
of exercising the right to legislative initiative. Analyzing
the real elections, we can acknowledge that in the course
of law enforcement a whole range of targets is being defined
and it is not always possible to mark out the main,
socially important purpose. Legal regulation can reach the
highest level of efficiency only when the main target of a
regulatory act is being achieved. Noteworthy that interests
of particular holders of voting rights that appear in the
process of target achieving do not necessarily match the
target and sometimes even oppose to it. A typical mistake
in the course of enforcing voting rights is to set out the
incorrect determination of their main target and substitute
for the priority target with the secondary target as result
of the ‘conflict’ of targets. In this regard, it is necessary to
fix relevant targets in regulatory acts.
Keywords:
Law studies, elections, purpose, efficiency, rule, constitution, candidate, law, conception, criteria/measure.
State institutions and legal systems
Reference:
Vinnitsky, A. V.
Public Property in Russia and Abroad:
Identification and Classification Problems
// Law and Politics.
2013. ¹ 6.
P. 741-752.
URL: https://en.nbpublish.com/library_read_article.php?id=51987
Abstract:
The article analyzes the institute of public property
and the problem of its identification in the Russian
and foreign doctrines. The article also summarizes the
main differences in approaches applied. The author examines
the correlation between the categories of ‘res publicae
’ and ‘public domain’ and offers a new classification of
public property.
Keywords:
Law studies, public, property, ownership, state, municipal, public domain, res publiae, material items.
Authority and management
Reference:
Kupreev, S. S.
Contents of State Administration: From Confrontation
to Compromise
// Law and Politics.
2013. ¹ 6.
P. 753-758.
URL: https://en.nbpublish.com/library_read_article.php?id=51988
Abstract:
The article is devoted to analyzing the content of
the term state administration from the point of view of
administrative law and the theory of state administration.
Taking into account significant differences in various interpretations
of this term, it is necessary to find a compromise
between researches in both sciences in order to put
forth combined efforts towards solving the most important
problems in the sphere of state administration. The author
also views the question about the relation between state
administration and corporate activities within the framework
of state apparatus.
Keywords:
Law studies, state, administration, theory, science, contents, administrative, lw, category, term.
Authority and management
Reference:
Savin, A. A., Savin, I. A.
Legal Regulation of Functioning of Autonomous Establishments
// Law and Politics.
2013. ¹ 6.
P. 759-765.
URL: https://en.nbpublish.com/library_read_article.php?id=51989
Abstract:
The article is devoted to legal regulation of activities
performed by autonomous establishments. The author
offers a new classification of regulatory documents that
consists of the six levels of regulation. This classification
allows to describe the hierarchy of existing regulatory acts
and law enforcement documents regulating activities of
autonomous establishment. The article presents an opinion
that the right of establishments to independently dispose
their income received as a result of profit activities is naturally
referred to the right of economic management. Autonomous
establishments possess even a broader right to independent
disposal. Pursuant to provisions of the Federal law
on autonomous establishments, establishments can freely
dispose any property or assets bought on their income except
for the assets bought on the funds allocated for task
performance. State-financed organizations are limited in
their right to dispose immovable property. The article considers
differences between this Federal law and regulations
provided by Article 298 of the Civil Code of the Russian
Federation. Interpretation of legislative provisions about
autonomous establishments should be performed disregarding
the interpretation of such provisions in the previous version
of the law. Pursuant to Article 120 of the Civil Code
of the Russian Federation, the Federal law on autonomous establishments sets forth peculiarities of autonomous establishments
’ legal status and therefore their legal capacity.
Keywords:
Law studies, autonomous establishment, legal regulation, legal capacity, income, expenses, property, property rights, profit organizations, non-profit organizations.
Authority and management
Reference:
Terentieva, G. V.
Italian Model of Migration Policy Management
// Law and Politics.
2013. ¹ 6.
P. 766-770.
URL: https://en.nbpublish.com/library_read_article.php?id=51990
Abstract:
The article presents a model of migration policy in
Italy coordinated by the Ministry of Internal Affairs of Italy
and including state, municipal and various social structures.
The author underlines the advantages of the Italian
approach to migration issues as well as shows disadvantages
of the Italian migration system such as a high level
of bureaucratization of identification procedures as well
as granting a residence permit and different permissions.
The author offers a number of recommendations on how
to apply Italian experience to Russian migration policy, in
particular, efficient arrangement of relations between a coordinating
body and involved state structures and regional
and local authorities. It is also stated that there is a certain
need in formation of a unified information base which
would include all information about an immigrant from the
date of his crossing the border to his registration at place of
residence, paying taxes and social fees and etc.
Keywords:
Law studies, Italian legislation, Integration Agreement, political administration, Migration policy, prefecture, coordination, questor, patronage, integration.
Transformation of legal and political systems
Reference:
Kalabekova, S. V., Napso, M. D.
Preservation of Ethno-Cultural Identity as a Factor of
Achievement of National Interests Under the Conditions
of Post-Modernism Society
// Law and Politics.
2013. ¹ 6.
P. 771-777.
URL: https://en.nbpublish.com/library_read_article.php?id=51991
Abstract:
Under modern conditions special attention is
paid to the problem of preservation of ethno-cultural peculiarities
as one of the most important mechanisms of
implementation of national life principles. This is especially
important for the globalization era which, on the
one hand, intensifies the universal tendencies and, on the
other hand, demands an overall development and preservation
of the national uniqueness as an essential condition
of success of the globalization project. In this regard, the
right to cultural identity is gaining even more importance
and this right should belong not only to an individual (as
a part of human rights) but also a collective society (as a
right of a particular nation).
Keywords:
Law studies, ethno-national interests, national ambitions, globalization, post-modernism, cultural relativism, unification of cultures, universalism, right to cultural identity, right to self-identity.
Transformation of legal and political systems
Reference:
Zharovaskaya, I. M.
The Issues of State Authority from the Point of View
of Globalization Transformations
// Law and Politics.
2013. ¹ 6.
P. 778-783.
URL: https://en.nbpublish.com/library_read_article.php?id=51992
Abstract:
The article is devoted to the place and role of state
authority under conditions of transformations of modern
society related to geopolitical transformations. The main attention
is being paid at the positive and negative aspects of
globalization. The author also underlines the values of the
political system and processes of their modification nowadays.
The author of the article also shares her own views on
transformation of the state authority phenomenon as a part
of political law paradigm.
Keywords:
Law studies, globalization, power, integration, values, state, law, economics, geo-politics, transformation.
Law and order
Reference:
Panfilov, A. N.
Protective Acts of Administrative Delictual Legislation of
the Russian Federation Constituents in the Sphere of Preservation
of Cultural Heritage Resources
// Law and Politics.
2013. ¹ 6.
P. 784-797.
URL: https://en.nbpublish.com/library_read_article.php?id=51993
Abstract:
The article is devoted to enforcing administrative
responsibility for violations in the sphere of cultural heritage
preservation by the means of the Russian Federation constituents
’ legal acts. Based on the analysis of a wide range of legal
resources, the author makes a conclusion about invasion of the
regional law-maker into the competence of federal authorities.
Constituents’ administrative laws often set out administrative
responsibility for violating rules and regulations described by
federal legal acts. Preventive acts of regional laws often either
contradict to federal regulations or copy them. Due to adopting
the Federal law of May 7, 2013 on changes in the Administrative
Code of the Russian Federation which shall come into
force already in August 2013, there shall be serious transformations
and changes in administrative delictual legislation of
the Russian Federation constituents.
Keywords:
Law studies, cultural heritage resources, historical and cultural memorials, items of historical and cultural meaning, administrative offence, administrative responsibility, administrative fines, set of elements of an administrative offence, wrongful actions, administrative procedure.
JUDICIAL POWER
Reference:
Ratushnaya B. P.
The Problems of Motivation of Judicial Decisions in the
Ukraine
// Law and Politics.
2013. ¹ 6.
P. 798-802.
URL: https://en.nbpublish.com/library_read_article.php?id=51994
Abstract:
The article studies theoretical and legislative problems
of motivation of judicial decisions in the Ukraine. Based
on the analysis of the Ukrainian procedural legislation, theoretical
researches on the matter and case law of the European
Court of Human Rights, the author proves that motivation of
judicial decisions along with their legality and justification is
one of the important requirements for the quality of judicial
decisions. Observation of this requirement shows that the judicial procedure in general and the process of determination
of actual circumstances of a case are just and fair. It has also
been established that motivation of a judicial act also relates
to description of motives as a result of thinking activity based
on which the court has made certain decisions. It is stated that
except for the Code of Criminal Procedure, Ukrainian court
legislation does not have the legal enforcement of an independent
demand to provide motivation of judicial decisions. In
this respect, the author offers to make certain changes in the
procedural legislation of the Ukraine except for the Code of
Criminal Procedure of the Ukraine which already has all necessary
provisions.
Keywords:
Law studies, law enforcement, requirement, legality, justification, motivation, decision, practice, legislation, court.
State security
Reference:
Andreev, M. V.
Constitutional and International Political and Legal
Principles of National Security Protection
// Law and Politics.
2013. ¹ 6.
P. 803-808.
URL: https://en.nbpublish.com/library_read_article.php?id=51995
Abstract:
The given article touches upon aspects of one of the
most topical problems of the legal system development. Reinforcement
of legal order based on the imperative legal principles
is the key to stability and secure future for all humankind.
The article presents the results of studying the effect of
political and legal constitutional and international principles
of national security. Besides the main imperative principles,
the author also views special principles typical only for the
sphere of security protection. The latter includes the principle
of indivisibility of international world and security, disarmament
principle, principle of equal security, principle of
undiminished security for other countries and the principle
of prohibition of war propaganda. The article presents a legal
analysis of the problems of correlating these principles in the
sphere of national security protection, in particular, principles
of territorial wholeness and the right of nations to self-identity
and etc. The author also describes the method of application of
all viewed political and legal principles as their combination.
Keywords:
International security, security protection, national security, legal principles, constitutional principles, international principles, regional security, security of states, intrastate conß icts, international conß icts.
XXI century International law
Reference:
Sazonova, K. L.
On the Question about State Responsibility for Using
Force in Modern International Law
// Law and Politics.
2013. ¹ 6.
P. 809-812.
URL: https://en.nbpublish.com/library_read_article.php?id=51996
Abstract:
The present article is devoted to a burning question
about responsibility for using force as a part of the institution
of responsibility in international law. Over half a century the
problem of responsibility has been one of the least regulated
branches of law because it is closely connected with such
debatable legal aspects as the problem of state sovereignty and the issues of the legitimate and non-legitimate use of
force in international law. The author analyzes the grounds
of such responsibility, the definition of guilt and views of
different researchers on the problem of responsibility in general.
It can be assumed that the problem of coding the question
about responsibility can further create the problem of
realization of such responsibility because this institution is
at the intersection of law and politics. State responsibility for
using force should be always discussed and underlined by the
academic society because the development of the institution
of responsibility would allow to establish order in modern
international relations and reduce the frequency of illegal use
of force. It would also denote the beginning of a new stage in
international law development.
Keywords:
Law studies, responsibility, force, right, institution, codification, state, guilt, branch, project.
Human and environment
Reference:
Knyazkin, A. D.
About Criteria for Defining the Amount of Compensation
for Moral Damage Caused as a Result of Environmental
Offence
// Law and Politics.
2013. ¹ 6.
P. 813-821.
URL: https://en.nbpublish.com/library_read_article.php?id=51997
Abstract:
The article answers the question about the criteria
for defining the amount of compensation for moral damage
caused as a result of environment offence. This is a topical issue
because the Russian legislation has a whole range of criteria
for defining the amount of compensation for moral damage.
At the same time, special features of moral damage caused as
a result of environment offence allow us to define additional
criteria for defining the amount of moral damaged caused as a
result of environmental offence.
Keywords:
Law studies, offence, damage, suffering, amount, criteria, law, environment, court, compensation.
Anthropology of law
Reference:
Novikov, O. A.
Religious Grounds of Law and the Idea of Human Rights
// Law and Politics.
2013. ¹ 6.
P. 822-824.
URL: https://en.nbpublish.com/library_read_article.php?id=51998
Abstract:
The article is devoted to the grounds of positive law
from the point of view of religious morals as well as the question
about the relation between the idea of human rights in the
basis of the concept of legal reformation of modern Russian
statehood and traditional values of the Russian civilization.
Christian tradition and experience of Eastern Christian statehood,
historical experience of the Byzantium Empire, Russia
and other countries of the Orthodox East show that the existence
of a state institution proves itself only when it serves
a certain ideal. The author further studies the proof of value
of law in a legal tradition of Christianity. Special attention is
paid at the historical experience of the Byzantium state. The
author analyzes the Byzantium conception of the symphony
of powers. The article studies modern problems of the multicultural
society of the Western Europe. Special attention is
focused on the need to combine the idea of human rights and moral values as well as a need to address to historical experience
of the Russian state again.
Keywords:
tradition, value, idea, religion, Orthodoxy, state, law, conception, world view, ideology.
Practical law manual
Reference:
Alekberova, N. N.
The Problems of Legal Qualification of Stimulated
and Fraudulent Deals in Civil Law
// Law and Politics.
2013. ¹ 6.
P. 825-831.
URL: https://en.nbpublish.com/library_read_article.php?id=51999
Abstract:
The article studies and analyzes the main problems
related to stimulated and fraudulent deals. In particular, it discusses
the procedure for acknowledging certain deals as stimulated
or fraudulent, a number of parties who can apply for a
deal to be acknowledged as invalid based on its stimulated or
fraudulent nature as well as the action limitation for stimulated
and fraudulent deals. It is stated that the circumstances proving
the nullity of stimulated or fraudulent deals should be viewed
and confirmed by judicial process. At the present time, the tax
authorities’ right to add taxes by non-judicial means can be
considered to be a direct infringement of a taxpayer’s right
and tax authorities can take an advantage of it by considering
certain deals to be stimulated or fraudulent. Moreover, it is
suggested that the action limitation period should start on the
day when a claimant learns or is supposed to learn about arising
of certain circumstances that create grounds for considering
deals to be void.
Keywords:
Fraudulent deal, stimulated deal, contestability of a deal, void deal, legal process, action limitation, concerned parties, application of consequences, legal qualification, public law.
Practical law manual
Reference:
Kolesnikova, Yu. A.
Recovery of Living Quarters from a ‘Bona Fide Purchaser’
from the Point of View of the Law Supremacy
// Law and Politics.
2013. ¹ 6.
P. 832-835.
URL: https://en.nbpublish.com/library_read_article.php?id=52000
Abstract:
The present article is devoted to searching the legal
solution of the problem when there is a conß ict of a claim of
the owner who does not have living quarters and a claim of
a bona fide purchaser who owns these living quarters, from
the point of view of the law supremacy principle. Legal regulation
of the questions of recovery of living quarters from a
bona fide purchaser must comply with the three elements of the law supremacy principle: requirement of legal certainty,
requirement of legal efficiency and requirement of observing
the balance of interests. The research shows that the process of
vindication of living quarters from a bona fide purchaser does
not comply with the aforesaid requirements. Thus, there is a
need in formulating the assessment criteria for withdrawal of
living quarters from possession. The author also offers a new
method of protecting violated rights of a ‘bona fide purchaser’
and non-owner. In order to apply the law supremacy principle
in vindication, the author makes certain suggestions on what
changes are needed to be made in civil and housing legislation
as well as amendments to Article 302 of the Civil Cod of the
Russian Federation.
Keywords:
Law studies, recovery, vindication, living, quarter, owner, supremacy, property, bona fide, purchaser.
Academic life
Reference:
Dubovik, O. L.
Basic Trends of the Criminal-Environmental Law Reform
in Germany
// Law and Politics.
2013. ¹ 6.
P. 836-842.
URL: https://en.nbpublish.com/library_read_article.php?id=52001
Abstract:
The author of the article analyzes the results of discussing
the German reform of criminal-environmental legislation
conducted in Berlin as a part of the conference on the
problems of implementation of the 45th Law on changes and
amendments to the Criminal Code of Germany. Lately lawmakers
of many countries try to consider new tendencies and
make certain changes in regulatory acts related to criminal and
administrative responsibility for violation of the environmental
law. The brightest example is the Directive 2008/99/EU
about the protection of environment by the criminal law as
if November 19, 2008. The Directive contains not only a signi
ficant number of provisions to be taken into account by the
law-makers of the EU member states during a two-year period
but also justification of adopted decisions. The Directive was
implemented by German law-makers when they adopted their
45th Law on changes and amendments to the Criminal Code of
Germany as well as federal laws about environmental protection,
hunting and waste products.
Keywords:
crime, punishment, criminal environmental law, sanction, reform, directive, law, negative inß uence, environment, attempt.