Theory
Reference:
Kabanov, P.A.
Russian political forensic science: topical issues
and ambiguous answers.
// Law and Politics.
2013. ¹ 7.
P. 854-867.
URL: https://en.nbpublish.com/library_read_article.php?id=52002
Abstract:
The article concerns technical issues of the status
of modern Russian political forensic science as an independent
branch of forensic studies. The author provides a
brief review of the studies in this sphere of humanitarian
knowledge in Russia and abroad. He also supports his position
on the object field of the Russian political forensic
science, topical issues and possible solutions for the nearest
perspective. The author also formulates the key goals,
on which the modern Russian political forensic scholars
should concentrate in the future.
Keywords:
jurisprudence, political crime, political forensic science, foreign political forensic science, political criminal, criminal conspiracy theory, criminal anthropology, criminal political aetiology, political terrorism, electoral forensic science.
State institutions and legal systems
Reference:
Shebzukhova, T.A., Fedorchenko, E.N.
Civil society and state: interaction problems
and perspectives.
// Law and Politics.
2013. ¹ 7.
P. 868-875.
URL: https://en.nbpublish.com/library_read_article.php?id=52003
Abstract:
The article includes analysis of the key approaches
to the nature of the state and civil society, as
well as to the process of their institutionalization. The
author views the issue of possible correlation of these
two institutions in modern social and political conditions
and in the historical perspective.
Keywords:
jurisprudence, civil society, human rights, democracy, interest, political system, Protestantism, state, self-organization of persons, general human ideals.
Transformation of legal and political systems
Reference:
Tarasova, I.N.
Acceptability of the joint testament in the Russian
civil law.
// Law and Politics.
2013. ¹ 7.
P. 876-879.
URL: https://en.nbpublish.com/library_read_article.php?id=52004
Abstract:
The article is devoted to one of the topical problems
of the Russian testament law, that is to the acceptability
of the joint testament in the Russian civil law. The analysis of the object of studies allows to widen the scope
of understanding on the form of testaments. The institution
of joint testament in Russia has some perspectives for
the development. The scientific disputes of the civilists do
not provide an unified response to this issue. Most legal
scholars refer to the positive experience of foreign states,
which allow more space for the implementation of the
last will of the testator. Much attention is paid to the case
when a regular testament would not correspond to the will
of the spouses. Comparative studies allow to single out
legal approaches and legislative regulation, which should
be carefully worked through. It is important to provide
due consideration to the balance of interests of late and
surviving spouses. The author comes to a conclusion on
the need to amend the current legislation on testaments.
Keywords:
joint testament, testament, inheritance, making testament, heritor, testator, testament of spouses, invalidity of testament, testament law.
Transformation of legal and political systems
Reference:
Korchagin, A.G., Ivanov, A.M.
The general theoretical concept of human rights
as the vector defining the improvement of legal policy
in Russia.
// Law and Politics.
2013. ¹ 7.
P. 880-888.
URL: https://en.nbpublish.com/library_read_article.php?id=52005
Abstract:
Formation of a rule-of-law state is aimed at
protection of the rights of society and individuals in all
spheres of life. The strife to achieve this goal should be a
defining factor in economics. The shortcomings of antimonopoly
legislation previously did not allow to adapt
competition regulation to the Russian economic reality.
The article contains an opinion that in order to fight economic
crime, humanization of criminal legislation should
be aimed upon prevention of bad-faith competition of economic
subjects, abusing their dominant positions. Since
state plays an important role in Russian economy (unlike
many Western states), many markets are monopolized by
state or municipal enterprises, or the privatized economic
subjects. Based on the analysis of the shortcomings of
anti-monopoly legislation, the author proposes a way to
lower the level of economic crime.
Keywords:
human rights, civil society, monopolism, competition protection, economic subject, dominating position, criminal deal, cartel, privatization, politics.
State security
Reference:
Sidorov, S.A., Sidorov A.S.
Theoretical bases for the mechanism for the formation
of the Russian state police based upon systemic approach.
// Law and Politics.
2013. ¹ 7.
P. 889-898.
URL: https://en.nbpublish.com/library_read_article.php?id=52006
Abstract:
The article is devoted to the theoretical bases of
the formation of state policy of the Russian Federation
in the Far East. The author comes to a conclusion that
strategic priority of the state government include, firstly,
preservation of the state and modernization; secondly, a
transfer to the intensive strategy of historical development,
following the strategy of equidistance from the
global leaders with an accent on manipulative use of
contradictions between the force centers.
Keywords:
political science, systemic approach, national state interests, threats, bordering region, levels of coordination, state policy, strategy, equidistance.
Law and order
Reference:
Maksimova, K.A.
Mechanisms of interaction of the Plenipotentiary
Representat ives of the President of the Russian
Federation with the police, investigation bodies and
prosecution in the federal districts.
// Law and Politics.
2013. ¹ 7.
P. 899-902.
URL: https://en.nbpublish.com/library_read_article.php?id=52007
Abstract:
The author studies topical issues regarding the
interactions among the Plenipotentiary Representatives
of the President of the Russian Federation with the lawenforcement
bodies under the Russian legislation, and
makes conclusions. The mechanisms of interaction in
the public law can be regarded as a combination of organizational
elements, allowing to implement the state
powers based on mutual cooperation of two or more
empowered subjects, holding equal position within the
system of public power. This issue has been an object
of scientific studies for the last decade. The authors
pay much attention to the issues of functioning of the
Plenipotentiary Representatives of the President of the
Russian Federation in the federal districts, supporting
the thesis on the need to strengthen their role. Since the
provisions of various normative acts vary, the organs
tend to stand apart from each other, each of them following
its own normative basis. This is hardly an acceptable,
sufficient or sustainable position. Due to the absence
of detailed legislative regulation the study of interactions
between the Plenipotentiary Representatives of
the President of the Russian Federation in the federal
districts and the executive bodies could facilitate the
studies of the mechanisms of their interaction with the
police, investigation and prosecution bodies.
Keywords:
Russian legislation, President, the Russian Federation, Plenipotentiary Representative, federal district, law-enforcement bodies, interaction, public law, plenipotentiary, power.
Law and order
Reference:
Akopdzhanova, M.O.
Modern criminal law policy of Russia.
// Law and Politics.
2013. ¹ 7.
P. 903-906.
URL: https://en.nbpublish.com/library_read_article.php?id=52008
Abstract:
The article is devoted to the studies of specific
features of the modern criminal law policy of the Russian
Federation and the key directions for its improvement. It is
noted in the article, that the criminal law policy of the state
should be formed with due consideration for the scientific
recommendation, and it should be based upon the theoretical
positions of scientists, especially those specializing in forensic
studies. The modern condition of the Russian criminal law
policy has many specific features, which are not typical for
the previous stages of development of the Russian science of
criminal law. One of such specific features is a complicated
multi-faceted character of the state anti-criminal policy,
which was formed as a reaction to the evolution of crime. The
strengthening of the social element of the modern legal policy,
development of sciences (both humanitarian and technical),
which allow to uncover the traces of crime may provide
due response to the modern crime. The article includes the
conclusion that the modern criminal law policy is a complex
multi-aspect activity of the state bodies, which is aimed upon
solution of the criminal law goals on protection of individuals,
society and state from the criminal encroachments.
Keywords:
jurisprudence, politics, legislation, reforms, development, principles, guarantees, categories, crimes, legal order.
Law and order
Reference:
Nafikova, G.A.
Specific features of interrogation of witnesses and victims
in court in the conditions excluding visual observation.
// Law and Politics.
2013. ¹ 7.
P. 907-914.
URL: https://en.nbpublish.com/library_read_article.php?id=52009
Abstract:
The general guarantees of criminal process provide
for the complex of conditions, facilitating the comprehensive
and objective procedure on criminal cases. The further development
of the guarantees may be found in the measures
regarding support of rights and freedoms of person and
citizen in the criminal judicial procedure. The problem of
implementation of the principle of protection of rights of
persons and citizens is related to the guarantees of subjective
rights and lawful interests of an individual. One of the key
guarantees for the witness and victim on criminal case is
a guarantee of security throughout the process on criminal
case, including the judicial stages. This security guarantee
should include protection and psychological support.
Keywords:
jurisprudence, witness, victim, interrogation, security, visual, observation, choleric, melancholic, sanguine, phlegmatic.
Authority and management
Reference:
Zharovskaya, I.M.
Social culture of the people and the concept of state
power: the correlation issues.
// Law and Politics.
2013. ¹ 7.
P. 915-918.
URL: https://en.nbpublish.com/library_read_article.php?id=52010
Abstract:
The article concerns itself with the issues of formation
of the state power in the democratic rule-of-law state. Much attention is paid to the aspects of interaction of the state
power and civil society through the prism of social and legal
culture. The interaction of social culture and state power in
the conditions of modern transformations is pointed out. The
author supports the position on the key role of historical mental
peculiarities of the people and social culture of the society in
the process of formation of the legitimate state power.
Keywords:
jurisprudence, state, power, culture, mentality, civil society, democracy, transformation, legitimacy, law.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Inshakova, A.O.
Unified legal field of the innovative economic development
and nanotechnologies in the EU.
// Law and Politics.
2013. ¹ 7.
P. 919-926.
URL: https://en.nbpublish.com/library_read_article.php?id=52011
Abstract:
The article is devoted to the problems of legislative
guarantees of innovative economic development as a whole, and
nanotechnologies in particular, within the frameworks of regional
integration unions, developing general legal norms and unified
rules for its members. Intensifying of the harmonization and
unification processes in the economic law of the EU may be characterized
by a new generation of directly applicable legal norms,
guaranteeing the unified transformation of the EU Member State
from the post-industrial economy to the innovation economy. In
order to guarantee orderly and secure development of the innovative
infrastructure the united Europe actively develops program
documents, and financial treaties for the nano-technologies, provides
for the allocation of financing of high-risk projects among the
states and private investors, holds specialized studies on copyright
regulation, social health guarantee, consumer protection, security
of workers and environmental protection.
Keywords:
jurisprudence, innovative economics, nanotechnologies, regional integration unions, common economic and legal territory, general legal norms, framework programs, the European Union, integration law, innovative economic activities.
Practical law manual
Reference:
Melnichenko, R.G.
The non-core activities of an advocate.
// Law and Politics.
2013. ¹ 7.
P. 927-933.
URL: https://en.nbpublish.com/library_read_article.php?id=52012
Abstract:
The article establishes a list of activities, which
are prohibited or limited to the persons, holding status of
a Russian advocate. The author singles out the principles,
which lead to the appearance of such limitations.
Keywords:
jurisprudence, advocate, business advocate, status, commerce, independence, nominal, worker, semiboyarshina, novel.
Biblion
Reference:
Polubinskaya, S.V.
Medical law in a modern state.
// Law and Politics.
2013. ¹ 7.
P. 934-937.
URL: https://en.nbpublish.com/library_read_article.php?id=52013
Abstract:
The review on the book by A.A. Rer icht
“Theoretical Bases for Medical Law. Problems of formation and development. (M. INION RAN, 2011, 214 p.)
provides for importance and topicality of this book. The
monograph is one of rare works in the Russian legal studies,
which is devoted to the theoretical issues of medical
law, such as definition of the medical law, object and
methods of legal regulation, principles of medical law,
independence and system of medical law, correlation of
medical law with other branches of law. The author of
the book aims to develop the theory of medical law, in
order to facilitate its formation as a whole, developed
and efficient legal branch, which would meet the needs
of modern Russian health service. The structure of the
book, which includes a preface and three chapters, allows
the author to express a position on the theory of
medical law in detail. The narrative logic moves from
the social basis for the medical law through the theoretical
categories, providing for its independence, to
the legal institutions within a branch of law. The book
clearly expresses the position of an author on all of the
topical issues, regarding definition of medical law, object
of its regulation and its place in the legal system.
It is quite fair, that the central category of medical law,
defining its social purpose, includes medical activities
in combination with other guaranteeing activities. The
book is based upon analysis of a number of Russian and
foreign legal sources, Russian and foreign legislation
and judicial practice. The book clearly shows that development
of theory of medical law, which would duly
ref lect its nature, goals and social functions, is no less
important for the modern health service, than formation
of the legal basis.
Keywords:
health service, legislation on health, medical activity, medical law, object of regulation, methods of legal regulation, principles of medical law, system of medical law, theory of medical law, institutions of medical law.
History of state and law
Reference:
Papulova, Z.A.
Historical aspect of regulation of simplified procedure
in Russian legislation.
// Law and Politics.
2013. ¹ 7.
P. 938-940.
URL: https://en.nbpublish.com/library_read_article.php?id=52014
Abstract:
This article was written due to great interest to
the institution of simplified judicial arbitration procedure
and the amendments in the Chapter 29 of the Arbitration
Procedural Code of the Russian Federation. Such attention
should facilitate the future application of the novel legal
norms, as well as touch upon the past of the institition of
simplified procedure, which for the first time appeared in
the Russian legislation in 1891. Analysis shows similarities
in the norms in the past and present. Some elements can
also be found within the system of Soviet State Arbitration.
Keywords:
jurisprudence, justice, history, simplified procedure, speed up, c ategory, order, decision, state arbitration, reform.
History of state and law
Reference:
Georgievkskiy, E.V.
On the issue of incompleted attempt of crime
in the criminal law of the Ancient Russia.
// Law and Politics.
2013. ¹ 7.
P. 941-948.
URL: https://en.nbpublish.com/library_read_article.php?id=52015
Abstract:
The institution of incompleted attempt of crime
in the criminal law of the ancient Russian state is hardly
well studied and quite topical. The surviving legal texts
of that time do not include references or definitions
of the stages of crime, which was natural for the legal
techniques of that time. Various fragments of stages of
completion of crime are provided for on case by case basis
in accordance with the legal practice, and sometimes they
lack clear formulae. The opinions of the scholars on the
presence/absence of the legislatively provided stages of
crime (mostly on attempt) in the ancient Russian crimnal
law are divided and both sides have their own arguments.
The scholars suporting the position of presence of provisions
on attempt of crime in the ancient Russian law
insist that it should be interpreted literally and refer to the
terminology. Those in opposition of this view point out
that the institution of incompleted attempt of crime could
not have existed in the ancient Russian law, due to the
lack of development of the subjective elements of crime.
Probably the truth lies in between these two points. The
ancient Russian law did not fully ref lect the institution
of incompleted attempt of crime, which in fact existed in
legal practice. This position of the author is based upon
the comparative analysis of some similar norms of legislation
of other Slavic states and the Western European
states of the same historical period.
Keywords:
jurisprudence, preparation, incomplete attempt of crime, malicious intent, offence, intention, temptation, law, court, ancient Russian.