State institutions and legal systems
Reference:
Radochina, T.N.
Private prisons in the penal system
in England and Wales
// Law and Politics.
2014. ¹ 1.
P. 6-13.
URL: https://en.nbpublish.com/library_read_article.php?id=52131
Abstract:
The history of the idea formation of bringing the services of private business to the sphere of penal activities in Great
Britain (1980s); creation of the theoretical and legal framework for the private prison sector, the beginning of the experiment on the
commercial management of first prisons, the development of new forms of commercial forms and mechanisms in the penal system of
England and Wales. The scope of the subject also includes the statistical data relating to the penal system in England and Wales, official
certificates and documents about the positive and negative results of using private businesses in the penal system, debates and
opinions from well-known political figures, scientists and employees of Justice, thereby creating a fairly complete picture of the current
state of this field of legal relations in England and Wales. The methodology of the study, along with the scientific methods (induction,
deduction, etc.), includes the whole complex of methods and techniques that have traditionally been used in criminology and criminal
law enforcement. In particular, this means a historical and comparative legal analysis, a formal-logical one, a statistical one and a
dynamic one; concerning the sociological methods, the method of studying documents was used. The scientific novelty of this article
is aimed, first of all, at the reflection of the problem of using the services of the private sector in the new modern conditions, including
the analysis of the relevant 20-year experience of England and Wales. The novelty is contained in the identity, reflected by the author,
of the originality of formation and development of this institution in relation to the prevailing conditions in Great Britain. The identified
contradictions and results of this experiment are also new; they have been received from English scientific and official sources,
and have been directly studied by the author in the process of writing the article. The author’s conclusions are directly related to the
possibility and practicability of using private business in the penal system of the Russian Federation and to encourage theorists, legal
scholars and practitioners to develop new projects for the development of the penal system of our country.
Keywords:
Private prisons of Great Britain, Conservative Party, experiment, private prison management, competition, privatization and de-privatization, discussions, statistics, forecasts and borrowing experience.
State institutions and legal systems
Reference:
Kochetkov, E.E.
The influence of institutions
of asymmetric federalism on the stabilization of federal
and regional policy
// Law and Politics.
2014. ¹ 1.
P. 14-22.
URL: https://en.nbpublish.com/library_read_article.php?id=52132
Abstract:
This article represents a theoretical overview of the concept of asymmetrical federalism in multinational states.
Asymmetry is shown as a tool of federation conservation, although it is an unstable institution in that it affects all the
participants of political actions to some extent. In this regard the subject of research is the process of confrontation between
the center and the national minorities, obviously threatening the existing political system; the decision of the center
on providing the asymmetric entities with autonomy can lead to mutually beneficial cooperation. The author uses the
argument as a game-theoretic framework, linking the strategic goals of the federal and regional elites with the issues of
nationwide stability. Particularly in view of the importance of the creation and consolidation of asymmetric institutions,
the institutional approach is also used in this article. The scientific novelty of this study is that asymmetric federalism
can be represented as a “nested (nesting) game”, where the events, occurring within the ethno-national segment, determine
the situation across the whole federation. It is assumed that the rules of asymmetrical federalism are primarily not
stable, in view of the fact that they affect all the participants of the political process in the State. This approach illustrates
the analysis of the development of Russian federalism. The author of the article illustrates the theoretical ideas on the
example of analysis of the Russian federal institutions established in the 1990s during the negotiations between the center
and regional separatist minority elites.
Keywords:
asymmetric federalism, institutions, federation stability, multinational state, Russian federalism, “nested (nesting) game”, ethno-nationalism, regions, separatism and national minorities.
Transformation of legal and political systems
Reference:
Demetradze, M.R.
Problems of non-conformity of socio-cultural policy
of Russia with the processes of global modernization
// Law and Politics.
2014. ¹ 1.
P. 23-30.
URL: https://en.nbpublish.com/library_read_article.php?id=52133
Abstract:
The work is dedicated to the identification of obstacles that are hampering the modernization of Russia. The crises of
various state institutions, as well as those of civil society and the object systems of life-support and life-sustenance, are analyzed. The
requirements of modern socio-cultural policy, as the most appropriate theoretical basis for the institutionalization of modernization
processes in Russia and in the former Soviet Union, have been considered. However, as reality shows, the need for institutional
rational-construction forms of management, the identification of negative factors of society’s development, the search for the
methods of overcoming different forms of conservative traditionalism and the creation of a socio-cultural model of the State, have
not been realized either by politicians or by the individuals in post-Soviet societies. Social changes and transformation, scientific
and technological progress, urbanization, competitiveness of the states, the style of their participation in the world’s economic and
political processes, as well as in the international organizations – the quality of this set of signs has become the criterion of the
tradition of modern societies and states. However, in terms of the socio-cultural approach that we adhere to, modernization cannot
be considered in the context of solely economic benefits, advantages and the dominance of one state over others. The current
processes in Russia and in the former Soviet Union should be evaluated on the basis of objective evidence, characterizing the situation
of ordinary members of society (the anthropological basis of the socio-cultural methodology gives a distinct socio-cultural
orientation to it). Thus, modernization can be defined as socio-cultural transformation in society in the conditions of its transition
to a higher form of development on the basis of identifying the motivational forces aimed at creating a modern State.
Keywords:
modernization, civil society institutions, modernization theories, socio-cultural policy, institutionalization, civil society, social interests, development indices and social State.
Authority and management
Reference:
Gurzhiy, T.A.
Legal acts in the system of public policy sources
// Law and Politics.
2014. ¹ 1.
P. 31-36.
URL: https://en.nbpublish.com/library_read_article.php?id=52134
Abstract:
The purpose of this article is to develop a theoretical ground for a clear, coherent understanding of the nature
of public policy sources, as an extraordinary political and legal phenomenon. The subjects of the research are major
scientific approaches to understanding the nature of public policy sources and the common factors of the functioning of
their system, defining the place and role of legal acts in modern work. For this purpose, a thorough analysis of modern
legislation, materials of political practice and the scientific publications dedicated to the issues of policy and law has been
performed. A complex of general scientific and special methods of scientific knowledge, optimal from the view of research
objectives, was used while writing the article, including formal-logical, logical-legal, logical-semantic, comparative-legal
methods and others. On the basis of the critical realization of socio-legal reality and existing scientific concepts, the author’s
vision of public policy sources has been formed as the systems of legal and political acts, reflecting the contents of
the state policy. A range of public policy sources has been delineated, their main types and varieties have been established
and the place of legal acts in their system has been defined.
Keywords:
state, politics, law, legal act, source, power, authority, administration, public management, concept and establishment.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Mozhuga, V.V.
The legal nature of the decisions of the Constitutional
Court of the Russian Federation in their ratio
to the decisions of the EurAsEC Court
// Law and Politics.
2014. ¹ 1.
P. 37-41.
URL: https://en.nbpublish.com/library_read_article.php?id=52135
Abstract:
The article is dedicated to the ratios of decisions of the Constitutional Court of the Russian Federation with the decisions
of the EuroAsian Economic Community Court and to the analysis of the existing mechanism of the distribution of powers of state and
supranational judicial control bodies on the issues of customs and ancillary rights. The analyzed theoretical model of the distribution of
powers is compared with the actual working mechanism of distribution on the example of the already existing collisions. The competence
of the Constitutional Court of the Russian Federation and that of the EuroAsian Economic Community Court are being considered; the
collision aspects in the competence and activities of both judicial bodies are being identified. The analysis of the existing legal norms
and the comparison with the existing practice of the judicial control of the customs regulations constitutes the methodology of the
study. The legal acts of the EuroAsian Economic Community Court are an integral part of the system of the sources of public law of the
Customs Union. They are binding, final and in a number of cases (for example, the decisions of the EuroAsian Economic Community
Court in a particular case) are directly applicable acts. This analysis leads to the conclusion that with respect to legal acts within the
EuroAsian Economic Community, the Constitutional Court can make an inspection only of the international treaties that did not come
into effect. The international treaties that came into effect and the decisions of the Commission of the Customs Union and the ones of
the EuroAsian Economic Community can be disputed only by the EuroAsian Economic Community Court. At the same time the legal
acts of the Constitutional Court of the Russian Federation relating to the interpretation of the rules of the Customs Code of the Russian
Federation have not lost their legal force and shall be applied with respect to the existing regulation of the customs relations that can
lead to collisions of the decisions of the Constitutional Court of the Russian Federation and the EuroAsian Economic Community Court.
Keywords:
Constitution of the Russian Federation, the Eurasian Economic Community, EurAsEC Court, international treaties, supranational authorities, judicial control, the Customs Union, decisions of the Constitutional Court, the Customs Code and Public Law.
XXI century International law
Reference:
Savryga, K.P.
The responsibility of the receiving State and the State
of incorporation for the wrongful actions
of private military and security companies
// Law and Politics.
2014. ¹ 1.
P. 42-52.
URL: https://en.nbpublish.com/library_read_article.php?id=52136
Abstract:
Various states use the services of private military and security companies during armed conflicts and occupations
in order to perform tasks that were previously considered as a privilege of the military. However, as well as the military
personnel, the employees of private military companies are able to commit unlawful acts in violation of international law.
In this article, the author studied the legal regime of responsibility and commitment, the subject of which is the receiving
State and the home State (place of incorporation). The author concludes that despite the fact that they do not enter directly
into agreements with private military companies, and cannot be directly responsible for committing military crimes or
other serious violations of international law, they shall have a duty to comply with due diligence obligations in respect
with the norms of international humanitarian law, neutrality laws and international human rights law.
Keywords:
State of incorporation, home State, neutrality, military crimes, human rights law, international humanitarian law, the responsibility of the state, private military companies, international legal responsibility and host State.
XXI century International law
Reference:
Keshner, M.V.
On the issues of projects to improve the efficiency
of international sanctions
// Law and Politics.
2014. ¹ 1.
P. 53-56.
URL: https://en.nbpublish.com/library_read_article.php?id=52137
Abstract:
Coercion in the international law has its own characteristics, primarily predetermined by the nature of interstate
relations and by methods of their regulation. If there is not any centralized apparatus of coercion, it is executed in
a decentralized way (individually) – by the states, through the mechanism of countermeasures, and in a centralized way
(collectively) – by using the institutional mechanism of international organizations through international legal sanctions.
The use of international sanctions belongs to the most complex and significant issues of modern international law. This
is due to a number of serious problems occurring in the process of implementing the international sanctions regimes, the
existence of which is the main reason for critical comments on their effectiveness. The present article examines the modification
of sanction regimes imposed by resolutions of the Security Council of the United Nations Organization within the
implementation of the concept of targeted sanctions. The necessity of the further reforming of international sanctions is
substantiated as coercive measures applied by means of a centralized institutional mechanism of international organizations.
The main tendencies of the international legal regulation of using international sanctions aimed at improving their
regulatory framework and practices are determined.
Keywords:
international sanctions, the Security Council resolutions, international sanctions regime, targeted sanctions, effectiveness of the international sanctions, freezing of funds, target orientation of international sanctions, forms of executing sanctions, legitimacy of the international sanctions and embargo.
JUDICIAL POWER
Reference:
Primakov, D.Ya.
The Israeli model of judicial activism
// Law and Politics.
2014. ¹ 1.
P. 57-63.
URL: https://en.nbpublish.com/library_read_article.php?id=52138
Abstract:
The active part of the Supreme Court and a special position of the judiciary system in the structure of
the distribution of powers played a special role in the formation of the Israeli right. Historically, a special place
of the court in Jewish law and culture is due to the fact that in a certain sense, the judge in the community level
was the only law enforcement official; moreover, he often performed functions in the role of a legislator. The
article examines the formation stages of the Supreme Court of Israel and the acquisition of its independence.
Also, we can see here the concerns that declare that with the new President of the Supreme Court, this body will
become less independent.
Keywords:
jurisprudence, judge, the Israeli right, activism, Barak, discretion, basic laws, executive branch and Knesset.
Conflict: tools of stabilization
Reference:
Bondarev V.
Social partnership as a factor in the modernization
of modern Russia
// Law and Politics.
2014. ¹ 1.
P. 64-70.
URL: https://en.nbpublish.com/library_read_article.php?id=52139
Abstract:
Attention is focused on social partnership as a significant factor in the modernization of modern
Russia. The author reinforces his position that wages in the context of social partnership and modernization
are due to the determining ratio, which has a significant impact on the social and partnership relations between
labour and capital, as well as on the processes of modernization conceived by the State. The reasons for the
deterrence of the process of social partnership and modernization formation that lie in the unreasonably high
rate of profit, obtained by domestic capital, are disclosed. Other factors that hold back the development of the
institution of social partnership as a factor in the modernization are also discussed. The author expresses his
conviction that conf lict methods of interaction between capital and labour will retain their significance until
the price of labour becomes adequately commensurate with the productive power of labour in the country.
Keywords:
political science, modernization, partnership, interaction, productivity, conf lict, labour, capital, society and profit.
Human and environment
Reference:
Vyphanova, G.V.
Problems of the ensuring the access to environmental
information at the turn of the twentieth anniversary
of the Constitution of Russia
// Law and Politics.
2014. ¹ 1.
P. 71-79.
URL: https://en.nbpublish.com/library_read_article.php?id=52140
Abstract:
The necessity of the realization and protection of fundamental rights and freedom of citizens became actual
in the twentieth anniversary of the Russian Constitution. The article examines the legal problems of ensuring access to
environmental information, including the realization of the constitutional right of citizens to reliable information about
the state of the environment. Access to such information is a condition for the realization of other constitutional rights of
citizens – the right to a healthy environment, to damage compensation caused to their health or property by any environmental
offense, as well as the right to health protection. The guarantee of access to the environmental information should
constitute Russia’s accession to the Aarhus Convention. Due to this fact there are some suggestions to improve environmental
law, taking into account foreign experience. A comparative analysis of the Russian ecological, sanitary-epidemiological,
information and other legislation, as well as foreign legislation in the field of environmental information, providing
access to environmental information in accordance with the provisions of the Aarhus Convention, has been made. The
improvement of Russian legislation, aimed at the legal regulation of relations in the field of environmental information in
a systematic manner, has been proposed. The necessity of development and adoption of the federal law on environmental
information is proved, its structure is given, the composition of environmental information is determined, the proposals
have been made to align the sub-legislative regulatory legal acts with this law, as well as to increase the effectiveness of
administrative responsibility for offenses in the field of environmental information and to fill the existing gaps.
Keywords:
environmental information, environmental legislation, the Aarhus Convention, constitutional rights, the environment, access, guarantees, protection, law and foreign legislation.
History of state and law
Reference:
Sevryukov, D.S.
The organizational and legal mechanism of empowering
people’s judges in the RSFSR during the second half
of the 1940s and the early 1950s
// Law and Politics.
2014. ¹ 1.
P. 80-85.
URL: https://en.nbpublish.com/library_read_article.php?id=52141
Abstract:
The article examines the history of adopting the provisions of the “On Elections of People’s Courts of the RSFSR”
in the years 1948 and 1951. The norms of the specified acts are analyzed, the main stages of the electoral process for the
election of people’s judges are characterized, and the requirements for candidates are highlighted. It is noted that the qualification
requirements set forth in the provisions were extended by the Minister of Justice of the USSR by issuing orders. The
measures, taken by public authorities and party organizations in order to ensure the proper procedures for the election, are
being considered. There is a conclusion that the adoption of acts on electing the people’s judges, playing a significant role in
the formation of the status of judges, constituted an important step on the way to achieving effective judicial independence
from the executive authorities. The low-skilled part of the judiciary became the reason for increasing the requirements for
candidates, which resulted in making changes not only in the Republican legislation, but also in the Union legislation.
Keywords:
Russian Federation, Constitution, people’s judge, councils, executive committee, elections, the Ministry of Justice, law, electoral process and qualification requirement.
Practical law manual
Reference:
Bugadova, M.M.
The methods of acquiring the rights to domain name
// Law and Politics.
2014. ¹ 1.
P. 86-92.
URL: https://en.nbpublish.com/library_read_article.php?id=52142
Abstract:
The research subject of this work is the analysis of the ways of acquiring the rights to domain names, as well as a comparative
legal analysis of the international and Russian legislation of methods of acquiring the rights to domain names. Along with
the theoretical basis, attention is also paid to the practice, which, as it turned out during the observation, is not always based on
the rules of law. Local regulations and agreements, concluded by the parties in the pursuance of fulfilling mutual obligations on
the transfer of the rights to domain names, have also been studied in detail. A universal method of cognition has been applied, in
particular the principle of objectivity and the comprehensiveness of knowledge and scientific methods, such as observation and
analysis, as well as private and scientific methods, including a logical-legal one and a comparative one. The scientific novelty of
the work is explained due to the fact that the article identifies the problems that have occurred in recent times, and also offers options
to resolve them. There is a need to change the legislation related to the absence of necessary standards in it, therefore it is
recommended to pay attention to the procedure of domain name registration, to submit a list of documents required for concluding
the rights transfer to the domain name, to make changes to the third part of the Civil Code, according to which the right to use a
domain name would be included in the succession mass and passed by inheritance, and to enter the articles providing a limited list
of ways to acquire the rights to the domain, which would exclude the possibility of such a transfer on the basis of a court decision.
Keywords:
Internet, domain name, ICANN, RosNIIROS, Coordination Center, RU-CENTER, domain registrar, domain administrator, DNS– server and assignment agreement.
Biblion
Reference:
Mikhaleva, N.A.
The institute of citizenship in the modern world.
Reviews of three books by E.S. Smirnova
// Law and Politics.
2014. ¹ 1.
P. 93-97.
URL: https://en.nbpublish.com/library_read_article.php?id=52143
Abstract:
The review focuses on three volumes of studies of citizenship in a global context. The first book – “International
legal problems of citizenship of the CIS and the Baltic States in the light of the European experience” – gives an idea of the
development of citizenship in two geographical dimensions: the post-Soviet CIS member states and the European Union. A
second monograph by E.S. Smirnova – “European citizenship – multiple in a single “ – is intended to show all aspects of
the development of European citizenship. The third volume of the monographs by E.S. Smirnova is “Problems in the legal
status of foreigners in the context of globalization.” The scope of this book is truly global (from issues of the legal status
of foreigners from the tenth century BC). The author defines globalization as a legal concept. The following consistent
conclusion shall be made: globalization is a long, long history of numbering; the assimilation of the world population’s
positive ideas of justice, goodness, common good in the field of economics, politics and other spheres of social relations
in the future received regulatory consolidation both in the national legislation of states and in international law.
Keywords:
Russian Constitution, citizenship, partnership agreement, the Council of Europe, European Union, integration and law, foreigners.
Academic life
Reference:
Chalabi, B.I.
The eighth philosophical and legal readings
to the memory of academician V.S. Narsesyantsa
“Law and literature”
// Law and Politics.
2014. ¹ 1.
P. 98-118.
URL: https://en.nbpublish.com/library_read_article.php?id=52144
Abstract:
The report of eight philosophical and legal readings to the memory of the academician that took place on the
2nd of October, 2013, in the Institute of State and Law of RAS (Russian Academy of Sciences). The readings became the
first event in Russian jurisprudence dedicated to the direction “Law and Literature”, widely discussed in 1970 in the
world of science. The main idea of the organizers came down to creating the conditions for joint consideration by jurists
of exemplary embodiments of the topic “Law and Literature”, with reference to the research of the best practices of
foreign science, as well as to the possible use of these best practices for the benefit of the public and professional legal
education. The participants presented their views on the problem of complementarity and mutual assistance in law, and
artistic-imaginative comprehension of the world of law communication and legal conflicts, as well as understanding the
role and importance of literature in the upbringing of younger generations, attaching both general educational, national
and cultural experience, as well as nationwide, world and civilization experience to the analysis.
Keywords:
jurisprudence, legal theory, legal history, law philosophy, law anthropology, law and literature, society, jail, justice and inter-disciplinary studies.