State institutions and legal systems
Reference:
Demakov R.A.
The mechanisms for improving the procedure of introduction
of a governmental bill to be reviewed by the federal legislature
// Law and Politics.
2014. ¹ 12.
P. 1816-1822.
URL: https://en.nbpublish.com/library_read_article.php?id=52313
Abstract:
The author reviews the governing body of the Russian Federation as a branch of authority that has a status of a
special legal entity of the legislative initiative, and carries a fundamental significance for the normative regulation of social
relations. This article demonstrates that the active participation of Russian government in many ways provides juridical
qualities, which add a high social adequacy of a future federal law. The author comes to a conclusion that the existing system
of the federal government’s participation in a process of lawmaking in introduction of a developed project of federal law to
be reviewed by the legislature cannot be unequivocally claimed to be perfect. Practical recommendations are proposed on
the optimization of cooperation between the executive and legislative branches of government on a federal level, as well as
the need to improve certain by-laws that regulate the work of the government officials of the State Duma of Federal Assembly
of the Russian Federation.
Keywords:
Government, government official, lawmaking, legislative initiative, bill, by-laws, rationalized parliamentarism, juridical collision, institutional lobbying.
State institutions and legal systems
Reference:
Danilov S.Yu.
A minority cabinet: status and operation on the example
of Canada
// Law and Politics.
2014. ¹ 12.
P. 1823-1829.
URL: https://en.nbpublish.com/library_read_article.php?id=52314
Abstract:
The subject of this article is the status and main directions of the work of a specific type of government – a minority cabinet
on the example of Canada’s parliamentary system in the end of the 20th, beginning of the 21st century. The author also reviews the
sources of the legal regulation of the status and the work of the minority cabinet. Its relations with the lower house and the opposition
parties, as well as the implementation of the government priorities within the economic and social areas are being researched. The
work of the cabinet aimed at supporting the national state unity of the federation is also being analyzed. The specific of the fuel and
energy strategy of Ottawa is revealed. The author emphasized the difficulties of state government and decentralized federation. The
opinions established within our scientific and publicistic literature about the inherent weakness and non-effectiveness of the minority
cabinet are false. The higher complexity of managing the parliamentary state, precisely under the conditions when the sustained
majority is absent in the lower house, stimulates the increase of the level of management skill of the government.
Keywords:
Parliament, cabinet, minority, majority, parties, constitutional conventions, motion of no confidence, statute, resolutions, delegated legislation.
State institutions and legal systems
Reference:
Fedorets M.N.
Establishment and development of the state territorial structure
of the Russian Federation
// Law and Politics.
2014. ¹ 12.
P. 1830-1834.
URL: https://en.nbpublish.com/library_read_article.php?id=52315
Abstract:
The subject of this research is the review if the historical development of the state territorial structure of Russia. The author analyzes
the particularities of the territorial division of the Russian Federations, as well as the criteria and conditions under which the new administrative
territorial units with a certain specifics of the legal status. Based on the conducted research and taking into consideration the evolution of the state
territorial structure of Russia, it was attempted to find ways to resolve the issues of the modern Russian federalism. The historical progression of
this process, along with the main stages of its evolution and various projects aimed at the improvement of the state division of Russia were being
analyzed. By examining the specifics of the state territorial structure of Russia within the historical aspect, the author was able to determine the
main stages of its development. According to the author’s conclusion, in a case of improving the state territorial structure it is necessary to follow
several principles of forming the subjects of the Russian Federation in order to strengthen the legal links between them.
Keywords:
Federation, Unitarian state, form of state structure, subject of the Russian Federation, administrative territorial unit, stages of federalism, the Russian Federation.
Political science
Reference:
Shkel’ S.N.
Political regimes of the post-Soviet states of the Central Asia
and Caucasus
// Law and Politics.
2014. ¹ 12.
P. 1835-1839.
URL: https://en.nbpublish.com/library_read_article.php?id=52316
Abstract:
The subject of this research is the political regimes of the post-Soviet states of Central Asia and Caucasus. The author gives
an in-depth analysis to the typology problems of the modern political regimes and the methodological aspects of measuring the regime
dynamics. Special attention is given to the issue of operationalization of the proposed concepts and review of empirical data, which
can objectively reflect the character of the political regimes. The author claims that the measurement of these two parameters: level of
competition among the elites and the degree of influence of informal practices within the political process, represents the most relevant
assessment of the regime forms of the post-Soviet states. A synthesis of two theoretical concepts is used in this article. It offers the
typology of the political regimes, developed upon the electoral and neopatrimonial approaches. By combining the two basic variables
(level of competition and the autonomy of the elites) six possible regime types are determined: atomized particularism, sultanism,
neopatrimonial authoritarianism, neopatrimonial polyarchy, institutionalized authoritarianism and institutionalized polyarchy. For
the offered criteria of the assessment of the regimes, the author formulates a method of operationalization using the data from the
electoral statistics and indexing the levels of corruption. The regime dynamics of the post-Soviet Turkmenistan is presented in the
article as a demonstration of the practical implementation of the developed typology.
Keywords:
Political regime, typology, democracy, authoritarianism, political process, post-Soviet territory, neopatrimonialism, Central Asia, Caucasus, Turkmenistan.
Transformation of legal and political systems
Reference:
Yanik A.A.
Control over the socio-economic changes under the conditions
of crisis: how can China’s experience help Russia?
// Law and Politics.
2014. ¹ 12.
P. 1840-1848.
URL: https://en.nbpublish.com/library_read_article.php?id=52317
Abstract:
This article reviews social, economic and political changes in Russia, as well as compares them with the reforms conducted in China. The
author analyzes positive and negative aspects pertaining to the concept of using as a strategy of development a so called “Chinese model” as a more
successful alternative to the strategy of liberalization, which was adopted from the Western European countries and North America. A special attention
is given to the problem about the “non-economic phenomena” that have an impact upon the accuracy of choice and the success of realization of the
antirecession policy of the country. The causes of the objective decrease of the state government that is based on the values of democracy are examined
under the conditions of globalization. The author marks the differences between the notions “Washington consensus” and “Washington hypothesis”.
It is demonstrated that the scientific concept about the essence of the “China’s experience” emerged a lot later the time, when the reforms began within
USSR; hence, they could not be borrowed by the Soviet government.
Keywords:
Strategy of development, economic crisis, globalization, “Beijing consensus”, “Washington consensus”, “Mumbai consensus”, China’s experience, radical reforms, socio-economic reforms, effectiveness of state government.
Transformation of legal and political systems
Reference:
Sidorov A.S.
Cooperation of the Far Eastern subjects
of the Russian Federation with the nations of the Pacifi c Rim:
current status and opportunities for further development
// Law and Politics.
2014. ¹ 12.
P. 1849-1855.
URL: https://en.nbpublish.com/library_read_article.php?id=52318
Abstract:
In this article the author reviews the current state and opportunities for cooperation of the Far Eastern subjects of the Russian Federation
with the nations of the Pacific Rim. This research allows us to find new approaches and changes to the policy of defense of national interest of the
Russian Federation under the conditions of shifting of economic and financial center within the Pacific Rim. Far East became the key link being the
most involved into the foreign economic relations with the nations of the Pacific Rim. Just 21 member-states of the APEC account for 57% of global
GDP and approximately 40% of world’s population. In the current international situation there is a need for optimization of Russia’s participation
in the integrative processes of the Pacific Rim that would provide a complex unilateral approach and coordination of the actions of all Russian
participants. The main component of this process should become the balanced triple integration: between the Far Eastern subjects of the Russian
Federation themselves; between the Federal Center and the Far Eastern Federal District; between Russian and the nations of the Pacific Rim.
Keywords:
Cooperation, integration, modernization, Far Eastern subjects of the Russian Federation, investments, Pacific Rim, Federal Center, infrastructure, sanction politics, strategy.
Transformation of legal and political systems
Reference:
Voynikaynis E.A.
Trends and methods of infl uence of globalization upon
the regulation system of intellectual rights: theoretical aspects
// Law and Politics.
2014. ¹ 12.
P. 1856-1859.
URL: https://en.nbpublish.com/library_read_article.php?id=52319
Abstract:
In the globalization era information and knowledge represent the cornerstone of economy, which defines the growing significance of regulating
the intellectual rights. This article analyzes various approaches towards assessment of the role of intellectual property law in stimulation of the
innovational development of economy, which testify to the ambiguity of the argument about the need to strengthen the protection of the right holders. The
author demonstrates that the unification of international legislation in the area of intellectual property does not account for the specifics of the economic
development of different countries and can lead to negative consequences. A flexible and differentiated approach towards the regulation of intellectual
rights mostly corresponds to the nature of changes to the law under the effects of the globalization process. A special attention is given to the problem of
correlation between intellectual rights and human rights, which under the conditions of globalization becomes extremely relevant. In the conclusion, the
author analyzes the inconsistencies between the general tendencies of development of law in the era of globalization and the main trends of development
within the regulation system of intellectual right, which allows us to come to a conclusion on the crisis of the current paradigm of intellectual rights.
Keywords:
Globalization, intellectual rights, legal theory, human rights, legal paradigm, economy of knowledge, information, information technologies, public benefit, harmonization of legislation.
Law and order
Reference:
Engelgardt A.A.
Assessment of crimes as a continuous act or multiplicity
(on the example of cybercrimes)
// Law and Politics.
2014. ¹ 12.
P. 1860-1864.
URL: https://en.nbpublish.com/library_read_article.php?id=52320
Abstract:
The object and subject of this research consist in a content of legal regulation and practice of implementation of the structure
of a continuous crime as a type of a complex instantaneous crime. The particular relevance of this research lies in the fact that this
article examines the question of distinguishing the continuous crime from the multiplicity of crimes. The author establishes a system
of general criteria of distinguishing between the evaluated criminal acts, and offers specific signs that if taken into account in the
cases of certain traditional types of crimes (accepting bribes, for example) would allow to differentiate the multiplicity of crimes from
a continuous act. The problem of criteria of distinguishing a continuous crime from the multiplicity is reviewed in detail in article on
the example of committing crimes in the sphere of computer information (chapter 28 of the Criminal Code of the Russian Federation).
The article reviews the acting orders of the Supreme Court of the Russian Federation and the assessment of their positions within
criminal law literature.
Keywords:
Instantaneous crime, continuous crime, multiplicity of crimes, implementation of criminal legal norms, normative unity, criteria of assessment, computer information, illegal access, contradicting court rulings.
Law and order
Reference:
Yarovenko V.V., Polishuk O.V.
Reference book as a component of providing criminological
information for investigative work
// Law and Politics.
2014. ¹ 12.
P. 1865-1870.
URL: https://en.nbpublish.com/library_read_article.php?id=52321
Abstract:
This article examines reference books that are intended for a proper and full description of the objects and traces found
during an inspection, as a component of providing investigators with valid evidence and criminological information. The authors note
that even if a protocol of an inspection is properly and procedurally documented but violates criminological guidelines on description,
than it leads to the significance of the evidence being reduced due the doubts of their validity; in other words, their relevance.
Based on the data from the examined literature on the acting legislation and investigations, the authors prepared and published a
criminologist’s guide, which contains references and informational material in the form of a description in the protocol of individual
characteristics of objects, as well as photos and fragments of description of trace evidence located on various objects, which ensures
their quality visual perception. It is worth mentioning that implementation of this guide will contribute to the increase in effectiveness
of recording criminological information, and in doing so will improve the information and analytical work of the investigators
and experts. This handbook can also be used during interrogations, when there is a need to compile a detailed indirect description of
individual characteristics of various objects based on the testimony of the person being interrogated.
Keywords:
Reference books, inspection, description, objects, trace evidence, validity of evidence, incompetent evidence, criminology, investigator, expert.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Salagay O.O.
Legal approaches of the Council of Europe towards regulation
of the aspects of the blood donation and its components
// Law and Politics.
2014. ¹ 12.
P. 1871-1876.
URL: https://en.nbpublish.com/library_read_article.php?id=52322
Abstract:
The subject of this research is the complex of the legal norms, which were developed in the process of work of the Council of Europe
and regulate social relations pertaining to the donation of blood and its components. This work analyzes the recommendations enacted by the
Committee of Ministers of the Council of Europe on the various aspects of donation of blood and its components, the biggest part of which has
not been translated into the Russian language until now; it also includes the key decisions of the Council of Europe on the human rights related
to this topic. The Council of Europe became the first international organization that focused its attention on the issues of blood donation. The
Convention for the Protection of Human Rights and Fundamental Freedoms, which acts as the juridical foundation of the human right advocacy
of the Council of Europe, does not contain positions that would directly regulate the issues of donorship. This gap however, was later filled by the
decisions of the Committee of Ministers, as well as the legal precedents of the European Court of Human Rights. This work is the first to analyze
these documents, which allows forming the perception on the spectrum of norms of the Council of Europe that regulate the issues of blood donation.
Keywords:
Medical law, biomedical law, blood donation, European law, international law, Council of Europe, Committee of Ministers, European Court of Human Rights, HIV, biosafety.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Kurbanov R.A.
Eurasian law: questions of the conceptual development
// Law and Politics.
2014. ¹ 12.
P. 1877-1887.
URL: https://en.nbpublish.com/library_read_article.php?id=52323
Abstract:
Under the conditions of changing of the unipolar world integrative processes that define the whole process of globalization and regionalization
attain a special meaning. At the same time, it is the regionalization and not the globalization that can lead to the establishment of the multipolar world.
Based on the historical method of cognition, the author comes to a conclusion that regional communities existed across the whole period of the existence
of mankind, and the integrative processes became the intrinsic part of the evolution. Regional integration represents a quite complicated synergetic
phenomenon; the author analyzes the concept, types, and classifications of the regional integration, which are stated in the doctrine; classification of
the integrative processes within the legislation is being formulated. At the current stage, taking into consideration the integrative processes within the
Eurasian region and the creation of the Eurasian Economic Union, forming of the Eurasian law is an inevitable component of the international regional
law. This article structures the concept, subject, sources, methods, and principles of the international regional law as a branch of international law; it also
reviews the institutionalized and legislative aspects of the Eurasian integration, and substantiates the forming of the Eurasian branch of the legislation
and the processes of forming the Eurasian law as sub-branch of international law and scientific and educational disciplines.
Keywords:
Eurasian law, integration, regionalization, globalization, legislative system, legislative integration, economic integration, social integration, military– political integration, Eurasian Economic Union.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Gurbanov R.A.O.
European Commission for the Effi ciency of Justice –
a consultative body of the Council of Europe, which develops
and provides the implementation of recommendations
in the sphere of administration of justice
// Law and Politics.
2014. ¹ 12.
P. 1888-1892.
URL: https://en.nbpublish.com/library_read_article.php?id=52324
Abstract:
This article presents the functions of the European Commission for the Efficiency of Justice, its purpose, nature and organizational foundations.
The mechanism of functioning of the Commission and its structure are being researched. The normative legal acts of the Council of Europe
are being reviewed in the article. The author examines certain aspects of functioning of the Commission, as well as describes its cooperation with
other branches of the Council of Europe and member states of the Council of the Council of Europe. The author emphasizes that the Commission
possesses the analytical and recommendation functions that are used in the cooperation with other member states of the Council of Europe. Separate
documents on the Council of Europe and the Commission in particular, along with the results of their work are being analyzed. The author also
notes that the key function of the Commission consists in the assistance of implementation of the European standards pertaining to the justice and
law enforcement of the member countries.
Keywords:
Efficiency for the justice, Council of Europe, European Commission, correlation, European standards, branches of the Council of Europe, court rulings, human rights, consultative activity, international law.
JUDICIAL POWER
Reference:
Klimova Y.A.
The problems of expanding the procedural autonomy
of investigators
// Law and Politics.
2014. ¹ 12.
P. 1893-1895.
URL: https://en.nbpublish.com/library_read_article.php?id=52325
Abstract:
The subject of this research is the complex of the norms of the Criminal Procedure Code of the Russian Federation that regulate the
legal status of an investigator, their competence and authority. The author also analyses the problems associated with expansion of the procedural
autonomy of investigators in light of the reading of a Federal Bill No. 555400-6 “On amendments to the Criminal procedure code of the Russian
Federation in the part of giving the investigator the right to appeal certain decisions of the Prosecutor in a criminal case, made by indictment or
indictments decree”. The scientific novelty consists in the fact that this work researches the problematic aspects of the normative regulation of
the procedural autonomy of investigators, taking into account the recent changes to the Criminal Procedure Code of the Russian Federation and
a bill that is currently being reviewed by the State Duma. The author makes a conclusion about the need of a complex organizational approach
to the solution of the problem of legal regulation of the procedural autonomy of investigators, in order to create optimal conditions for a timely
investigation of crimes and forwarding the case to the prosecutor on one hand, and ensuring protection of the rights and legal interests of victims,
defendants, and other involved parties on the other.
Keywords:
Procedural autonomy, investigator, bill, changes, appeal of a decision, prosecutor, reform, preliminary investigation, indictment, indictment decree.
JUDICIAL POWER
Reference:
Koss A.V., Gerasimova E.V.
The problems of the reasonableness of the duration
of criminal procedure at the processing stage due to new
or newly discovered circumstances in light of the rulings
of the Constitutional Court of the Russian Federation
and the European Court for Human Rights
// Law and Politics.
2014. ¹ 12.
P. 1896-1902.
URL: https://en.nbpublish.com/library_read_article.php?id=52326
Abstract:
The parties involved in the criminal procedure, as well as other persons whose rights or interests are being affected by the investigation
are often faced with a lengthy process, which inevitably carries violations of their rights. The problems of defining the term of a criminal
procedure are the subject of the research in criminal process and constitutional law of the Russian Federation. This article raises questions of
uncertainty and indefiniteness of the term of procedure of criminal cases due to new and newly discovered circumstances. In order to resolve
the issue of indefiniteness of the duration of the procedure the authors analyze approaches to the definition of “reasonableness” of the length
of time formulated within court proceedings of the Constitutional Court of the Russian Federation and the European Court for Human Rights.
Taking into account the legal positions of the Constitutional Court of the Russian Federation and the European Court for Human Rights on the
“reasonableness” of the duration of court proceedings the authors propose using the general term of proceedings of preliminary investigation
(article 162 of the Criminal Procedure Code of the Russian Federation). This term should commence on the day of the beginning of investigation
and end on the day that the prosecutor compiles his findings and submits them to the court, or on the day of announcing the drop of investigation.
Keywords:
Reasonable term of investigation, criminal procedure, Constitutional Court of the Russian Federation, European Court for Human Rights, new evidence, legal protection of rights, European Convention, fair trial, court proceedings.
Public communications
Reference:
Nikiforov A.A.
Possibilities and limitations of protest mobilization through
the social networks
// Law and Politics.
2014. ¹ 12.
P. 1903-1909.
URL: https://en.nbpublish.com/library_read_article.php?id=52327
Abstract:
The subject of this research is the effect of Internet-based social networks upon the emergence, dynamics, and specificity of the process
of protest mobilization. The object of this research is the mass mobilization during the course of revolutionary processes and massive antigovernment
campaigns. The author examines the possibilities of political mobilization through the social networks in Russia based on the conducted
research of user behavior of the popular Russian social network VK. A special attention is given to the problem of spontaneous occurrences of
mass protests, as well as the modern dynamics of the events of “Arab Spring” and appearance of the “Occupy” movement within the context of
political science. The empirical part of the research is conducting using the descriptive method and statistical analysis of media behavior of the
VK users. The theoretical analysis relies on the results of modern research in the field of media and communication studies, social movements,
and conflict politics. The main conclusions of this research is firstly, affirmation of limited influence of the social network VK upon involvement
of the youth into a mass protest in Russia; secondly, the general supplemental role of the social networks into the process of protest mobilization
in the cases of typical political conflicts. On the other hand, the conducted analysis allows us to substantiate the possibility of a quality influence
of social networks upon the dynamics of mass protests in the case of emergence of exceptional events that are transgressive for public consciousness,
where the “new media” instruments are able to rapidly synchronize local demands, change their scale, and involve broad social groups
into the message of protest and the culture of social opposition. The novelty of this research consists in refutation of the thesis of exceptionally
high influence of social networks onto the forming of mass protest the ideal-political perceptions within youth. Alternatively, the results of this
analysis allow defining the future directions of research on the causes and dynamic characteristics of the mass protests.
Keywords:
Protest, mobilization, information, social networks, VK, youth, social movements, conflict politics, Arab Spring, revolution.
Human and state
Reference:
Riekkinen M.A.
Registration at the place of residence as a condition for exercising
the human rights and freedoms: international legal aspect
// Law and Politics.
2014. ¹ 12.
P. 1910-1916.
URL: https://en.nbpublish.com/library_read_article.php?id=52328
Abstract:
International law guarantees each of us a vast amount of political, social and economic, and cultural rights. However, most of our
rights can only be exercised under the conditions of possessing official documents and registration. Registration at the place of residence is
one of the necessary conditions in the fundamental human rights. This article presents a view of the legal problems related to the registration at
the place of residence in both, the post-Soviet states and the European countries. In the former Soviet Union the issues of the registration at the
place of residence are linked to the remnants of the system of residence permit within the legal systems of separate nations and the imperfection
of the modern systems of registration of residents. Within the European context these problems are mostly connected with the resolution of the
issue of irregular migrants. The author systematizes recommendations of international authorities on human rights regarding the optimization
of the registration system at the place of residence. This research implements examples of legislative solutions found by Scandinavian countries.
Keywords:
Political rights, exercising fundamental rights, registration of population, migrant workers, OSCE principles, Council of Europe, European Court, foreign experience, irregular migrants.
Human and state
Reference:
Okonenko R.I.
Examination of a portable electronic device in the course
of a search of an arrestee within the US criminal procedural law:
attempt to fi nd a balance of interest of citizens and the state
// Law and Politics.
2014. ¹ 12.
P. 1917-1920.
URL: https://en.nbpublish.com/library_read_article.php?id=52329
Abstract:
This article describes the main problems, which the US courts face while examining the portable digital devices of arrestees,
and analyzes the differences between the modern information technologies and conventional methods of storing information (planner,
briefcase, etc.). This leads to the conclusion that the American legislation is unable to implement the traditional legal standards towards
the electronic carriers of personal data. A special attention is given to the analysis of the decision of the United States Supreme Court
from June 25th 2014, which finds mobile phones to be a significant personal object, and their search can only be conducted based on
a separate court warrant. The author also describes the key points of view of American legislators on the question of to what extent
can an examination of a portable digital device of a suspect be conducted by a member of law enforcement in order to address both,
the public interest of fighting crime and private interest of a citizen by protecting the important personal information. The main conclusion
of the research consist in the incomparability of the modern communication devices to the traditional means of writing down
information, which used to be the basis of the work of American courts of all levels.
Keywords:
Electronic evidence, digital evidence, protection of personal data, personal secrets, search of a computer, examination of a mobile device, pat-down, US law, US criminal process.
Human and state
Reference:
Baymatov P.N.
Normative-legal regulation of the right to social security
in Tyumen Oblast
// Law and Politics.
2014. ¹ 12.
P. 1921-1926.
URL: https://en.nbpublish.com/library_read_article.php?id=52330
Abstract:
This article presents an analysis of the legislation in the area of social security. It researches both, the norms of federal legislation,
as well as the normative acts of Tyumen Oblast. An analysis is conducted on the structuring of legislation of the Tyumen Oblast as a subject of
Russian Federation through the prism of delimitation of the competency between the Russian Federation and its subjects in realization of the
constitutional rights of citizens to social security. The author gives brief characteristics of the basic laws and by-laws that are part of the system
of regional normative acts on the right to social security. Based on the conducted research a conclusion is drawn about the increase of the role of
the subjects of Russian Federation in exercising the constitutional right of citizens to social security, and the need to have a detailed confirmation
of delimitation of competency between the federal and regional authorities in the field of social security and determining the source of financing.
Keywords:
Constitution, social state, subject of Federation, legislation, social policy, monetization, competency, standards, government authority, financing.
Human and environment
Reference:
Dudar A.I.
Intricacies of the legal status of laboratory animals:
stating the problem
// Law and Politics.
2014. ¹ 12.
P. 1927-1930.
URL: https://en.nbpublish.com/library_read_article.php?id=52331
Abstract:
This article discusses the problematics of the legal status of laboratory animals as a separate category of legal objects. The
subject of this research is the Russian legislation in the field of regulation on the laboratory animals used in experiments. Despite
the propagation of the humanistic principles and ideology of gentle attitude towards nature, there is still insufficient progress made
in resolving this problem. This research discusses the bases that substantiate the specific nature and significance of this issue within
the modern legal system. This work presents all the main positions of legal regulation on the use of animals in scientific experiments,
which until now was only partially described in the works of modern researches. This category of animals does not fall under the
faunistic legislation, but the specific manner in which they are used is not subject to the norms of the civil law. The special legislation
that applies in this case is still at a stage of development within the Russian Federation.
Keywords:
Animal rights, laboratory animals, animal protection, experimental work, experiments on animals, wildlife, 3R, vivisection.
Human and environment
Reference:
Danilova N.V.
Responsibility for damage to the environment under the civil law:
problems of theory and practice
// Law and Politics.
2014. ¹ 12.
P. 1931-1935.
URL: https://en.nbpublish.com/library_read_article.php?id=52332
Abstract:
The problems of the implementation of institution of civil-legal responsibility for damages to the environment become the
subject of this research. The author presents the issue of the limitation of principles and norms of the civil legislation in regulation of
the environmental relations. Analyzing the category “environmental harm” from the position of interests protected by law, the author
focuses her attention on the fact that inflicting damage to the environment simultaneously infringes on both, the public environmental
interests, and the property rights of private parties. In cases of conflict of interests often emerges the problem of prioritizing protection.
Based on the analysis of the acting legislation and legal practice it is evident that the institution for reimbursement of environmental
damages does not fulfill its main compensational and restorative function. The author draws a conclusion that in addressing the requests
for compensation of environmental harm it is necessary to limit the type of protect such as reimbursement of losses.
Keywords:
Civil responsibility, environmental harm, environment, losses, natural restitution, reimbursement of losses, public interests, private interests, methods of compensation.
History of state and law
Reference:
Boychenko A.V.
The order of questioning members of the jury and rendering
of court decisions on the fi nal resolution of criminal cases
according to the judicial statutes of November 20, 1864
// Law and Politics.
2014. ¹ 12.
P. 1936-1940.
URL: https://en.nbpublish.com/library_read_article.php?id=52333
Abstract:
the research is conducted on the role of the jury in the court proceedings in criminal cases within a framework of a comparative
analysis of the content and rules of rendering decisions in the Crown Tribunal with or without participation of jury in the course of
Judicial Reforms of 1864. The basis for comparison of verdicts was the procedure of resolution of criminal cases by the first instance
in the district courts of the Russian Federation. This article is dedicated to the research of the content and precepts of rendering court
decisions in criminal cases in accordance with the judicial statutes of November 20, 1864. The author determines that the role of the
members of the jury in rendering decisions in criminal cases was mostly defined by the fact that the “ judges of the social conscience”
had a full and absolute power to rule on a case based on their own inner belief, which was not limited by any, even recommended rules.
Keywords:
Criminal procedure, criminal case, jury trial, verdict, trial, legal penalty, leniency, verdicts of the Crown Tribunal, district courts.
Practical law manual
Reference:
Bogdan V.V.
Legal-comparative characteristics of the practice of implementation
of “consumer protection” laws by the courts of Russia, Ukraine,
and Belarus: specifi c aspects
// Law and Politics.
2014. ¹ 12.
P. 1941-1945.
URL: https://en.nbpublish.com/library_read_article.php?id=52334
Abstract:
After enacting consumer protection laws in the Russian Federation, Ukraine, and Belarus the nations established a modern
national system of protection of consumer rights, which contributed to creation of civil legal mechanism of consumer protection
in the market of goods and services. Despite the fact that Belarusian, Ukrainian, and Russian legislation was based on the general
international principles of consumer protection and has a number of similar in content positions, its implementation still has its own
specificity that reflects the nature of each civil legal mechanism of consumer protection. In the course of this research the author comes
to the conclusions that the analysis and the derived positions can be used in devising a scientific concept of development of civil legal
relations with participation of consumers, and the similarity between the legal systems, as well as the experience of implementation
of laws testifies to the objective possibility and opportunity for a mutual sharing of separate legal norms.
Keywords:
Consumer, law enforcement, protection of rights, Russia, Belarus, Ukraine, legislation, comparative jurisprudence, law, Supreme Court.
Practical law manual
Reference:
Akopdhzanova M.O.
The principle of freedom of civil legal contract
and its criminal legal protection
// Law and Politics.
2014. ¹ 12.
P. 1946-1949.
URL: https://en.nbpublish.com/library_read_article.php?id=52335
Abstract:
The current Russian legislation provides the principle of a freedom of civil legal contract as one of the key principles of
ensuring civil rights of private individuals and legal entities. This article is dedicated to the research of said principle, legal boundaries
of the freedom of civil legal agreement, the questions of implementation of imperative and dispositive norms of civil law during
signing of legal contracts. The article reviews cases and mechanisms of criminal indictment of individual who have abused their civil
rights, violated the civil rights of their business associates, or terms based on the principle of freedom of civil legal agreements. The
key aspects of implementation of norms within Russian legislation on freedom civil legal agreements are being researched and analyzed.
The conclusions of this article can be useful to citizens, legal entities, as well as the branches of government, local authorities
and law enforcement agencies.
Keywords:
Freedom of civil legal contract, limitations, imperative norms, dispositive norms, violation of civil rights, abuse of rights, criminal responsibility, punishment, restitution, criminal legal protection.
Practical law manual
Reference:
Baranovskaya I.G.
Tenant’s rights during a lease of land in the Russian Federation:
certain aspects
// Law and Politics.
2014. ¹ 12.
P. 1950-1952.
URL: https://en.nbpublish.com/library_read_article.php?id=52336
Abstract:
The subject of the research on the rights of the tenant become the legal relations pertaining to the priority right given to
the tenant to be able to extend the term of the lease as regulated by the article 621 of the Civil Code of the Russian Federation and
the article 22 of the Land Code of the Russian Federation. This includes the right to build, which has been numerously reviewed and
changed by the legislators and still carries a debatable character. These legal relations have mixed nature, as in addition to the Civil
and Land legislation these rights are also regulated by the legislation on competition, as well as other normative legal acts. This article
is dedicated to the institution of land leasing, namely to a separate aspect of it, specifically the rights of the tenant: priority right
to extend the term of the lease and the right to hold and use the leased property for the purpose of building a structure and its future
exploitation (right to build). These rights currently have a significant importance due to the changes that are taking place in the Civil
Code of the Russian Federation.
Keywords:
Jurisprudence, tenant rights, agreement, lease, land, new term, right to build, ownership, use, negotiations.
Practical law manual
Reference:
Voronova S.V.
Preliminary contract: protection of the rights of the parties
in a shared-equity construction
// Law and Politics.
2014. ¹ 12.
P. 1953-1957.
URL: https://en.nbpublish.com/library_read_article.php?id=52337
Abstract:
This research examines the norms of civil legislation that regulate the social relations in the area of protection of the rights
of citizens in the cases of shared-equity construction of multi-unit condominiums or other types of real estate. It also includes the
theoretical views within this subject and looks at court rulings. A research is conducted on the problems associated with builders
raising the capital for construction from the shared-equity participants on the preliminary contract basis. This includes the legality of
earnest payment clause in the preliminary agreement and penalties for breach of agreement to execute the final contract. The scientific
novelty consists in the fact that the author not only analyzes the problems related to the protection of rights of the parties involved in
the shared-equity construction that have entered into a preliminary contract, but also proposes their solutions. These proposals would
contribute to the increase of ensuring protection of rights and property interests of the parties of the shared-equity construction projects.
Keywords:
Preliminary contract, protection of rights, consumer, earnest payment, shared-equity construction, breach of contract, restitution, real estate.
Practical law manual
Reference:
Chukreev A.A.
On the question of the grounds for contractual responsibility
of a trustee
// Law and Politics.
2014. ¹ 12.
P. 1958-1962.
URL: https://en.nbpublish.com/library_read_article.php?id=52338
Abstract:
This article is dedicated to the grounds for contractual responsibility of a trustee as one of the controversial issues within the
doctrine of this legal institution. The subject of this research is the scientific concepts on the grounds for contractual responsibility of a
trustee before the beneficiary or trustor, as well as the norms of the Civil Code of the Russian Federation that establish these grounds.
Both, the normative acts that regulate the issues of fiduciary management, and court rulings are being reviewed. This responsibility
represents a unique transitional form, which combines the elements of two types of responsibility: with and without infraction. The
author makes a conclusion that the main flaw within the legal norms that establish these grounds for contractual responsibility of a
trustee consists not in the definition of subjective conditions of implementing proper sanctions, but in the lack of the regulation of the
responsibilities of a trustee and their due level of diligence.
Keywords:
Fiduciary management, trustee, grounds for contractual responsibility, beneficiary, trustor, infraction, diligence, contract, losses, performing duties.
Practical law manual
Reference:
Hatuntsev O.A.
Subjective interest in real property
that is inseparable from the land
// Law and Politics.
2014. ¹ 12.
P. 1963-1969.
URL: https://en.nbpublish.com/library_read_article.php?id=52339
Abstract:
The subject of research in this article is the conceptual theories and specificity of the legal regulation of subjective interest
in real property that is inseparable from the land, as well as the problems of subjective real right and a practice of implementing
the legislation on real rights. The object of this research consists in the social relations that form in the process of legal regulation
of subjective interest in real property that is inseparable from the land. The author examines such aspects of the topic as signs that
describe the object of real property that is inseparable from the land, and allow distinguishing them from other types of real property;
gives their classification. A special attention is given to the new object of civil commerce set in the article 133.1 “Integral Real Estate
Complex” of the Civil Code of the Russian Federation. The scientific novelty of this research consists in the author’s clarification of the
legal definition of an accommodation, proposing that it should be understood as part of a building that is structurally outlined, designated
for the intended use and carries a status of real property, the subjective interest to which belongs to a government registration.
Keywords:
Accommodation, right to ownership, integral real estate complex, registration of rights, land, property, subjective interest, real estate, right of economic management, right of operational management.
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