State institutions and legal systems
Reference:
Kiseleva A.V.
Did the annexation of Crimea change the constitutional
nature of the federacy in Russia
(theoretical and legal analyses)?
// Law and Politics.
2014. ¹ 11.
P. 1628-1635.
URL: https://en.nbpublish.com/library_read_article.php?id=52292
Abstract:
This writing of this article was prompted by the recent changes the Russian Federation made to the
construct of its federal subjects and its tendency towards changing the basis of its organization. The processes
that are currently taking place require deeper examination and carry far-reaching consequences. It is quite possible
that under current conditions, these processes can radically change Russia’s federalism. The methodology
of this research is based on the analysis of normative, doctrinal and empirical elements. This research is one of
the first articles in the cycle of the new federal model of Russia and the global centrifugal and centripetal tendencies.
This work can be implemented in optimization of the governmental structure of modern Russia. The article
forms the public conscience for a deep understanding of the basic sociopolitical process, upon which the current
statism is established.
Keywords:
Federation, confederation, union state, unification treaty, nation, governmental structuring, annexation, sovereignty, independence, referendum.
Transformation of legal and political systems
Reference:
Bodrov R.I.
Means of citizen individualization from the perspective
of modernization of the norms of the civil legislation
// Law and Politics.
2014. ¹ 11.
P. 1636-1642.
URL: https://en.nbpublish.com/library_read_article.php?id=52293
Abstract:
The author analyzes the state of civil legislation and the existing scientific points of view about the means
of citizen’s individualization that represent person’s identification information, and which according to the author’s
opinion should be classified as social and physiological (biometric). Special attention is given to the future development
of civil legislation due to switching to an electronic document handling, verifying the identity of a citizen of the
Russian Federation, which in author’s opinion should meet the following standards: contain not only the social, but also
physiological (biometric) data of the citizen; possess certified means of cryptographic protection against counterfeiting;
provide an electronic system that would allow to make quick changes to the personal information of the citizen,
as well as ability to produce and issue a replacement (should the original be lost). Based on the research conducted,
it is evident that the need exists to amend the Civil Code of the Russian Federation with a new statute 18.1 “Means of
citizen individualization”.
Keywords:
Means of citizen individualization, personal information, biometric data of a person, means of identification, cryptographic protection, retinal pattern, identification document, anthropometric data, papillary lines of the fingers, person’s voice.
Transformation of legal and political systems
Reference:
Voynikanis E.A.
Codifi cation of law and its intricacies in the area
of intellectual laws: the theoretical and legal aspects
// Law and Politics.
2014. ¹ 11.
P. 1643-1646.
URL: https://en.nbpublish.com/library_read_article.php?id=52294
Abstract:
This article expounds conceptual issues relating to the codification as a legal phenomenon and the
specifics of its realization pertaining to the area or regulation of intellectual laws. The purpose of codification
is the development and improvement of the legal system as a whole based on the demands of modern society.
The article sheds light on the key approaches to the codification of laws on intellectual property within
foreign nations. During the course of research, the author used general scientific (comparison, analysis,
synthesis, abstraction, generalization) methods as well as private methods of observation (formal-dogmatic,
legal comparative, and others). In author’s opinion, an artificial conservation of a functioning system of
regulation by codification, in a long run can cause just as much harm as careless reforms, to which even the
Civil Code is unable to mount an effective opposition.
Keywords:
Codification, incorporation, industrial connections, complex legal institution, ideology, intellectual laws, legal system, systematization of law, information society, balance of interests.
Law and order
Reference:
Korchagin A.G., Ivanov A.M.
Modern perception of criminal law
// Law and Politics.
2014. ¹ 11.
P. 1647-1660.
URL: https://en.nbpublish.com/library_read_article.php?id=52295
Abstract:
The processes of globalization are accompanied by the growth in crime rate, on both the national
and international levels. Authors believe that one of the causes of this phenomenon is the insufficient scientific
work on the concept of criminal law, which at times leads to the underestimation of the science of criminal
law. One of the links in the chain of distortion of the concept became the change in the name of the legal
branch from “Correctional” to “Penal”. Because of this, the criminal law seems more like the subject of:
how people become criminals. Rectifying this f law can have a positive effect on the improvement of criminal
legislation and law enforcement practice of Russian Federation. The authors provide analysis of the concept
of criminal law, considering the changes caused by the progress of globalization processes, and include the
forms of criminal activities, which quickly overwhelm practically all social areas that lack regulation.
Keywords:
Human rights, criminal law, criminology, crime, civil society, globalization, international law, national law, legal system, responsibility.
Authority and management
Reference:
Fedorets M.N., Avdeev D.A.
Constitutional-legislative search for a model
of a federal territorial structure of Russian Federation
// Law and Politics.
2014. ¹ 11.
P. 1661-1669.
URL: https://en.nbpublish.com/library_read_article.php?id=52296
Abstract:
In this article the authors examine the specifics of the federal structure of Russia. Based on the research
conducted, as well as taking into consideration the evolution of Russia’s territorial structure, an attempt is made to find
ways to solve the problems of modern Russian federalism. Attention is given to the development of federative relations
of present-day countries and their influence upon the territorial construct. Analysis is given to the constitutionallegislative
foundation of Russia’s territorial structure, possible ways of improving the current model of federalism, as
well as opportunities for establishing a better relationship between Russian Federation and its subjects. The special
nature of the governmental structure of Russia and the level of development of federative relations suggest a need for
a further reform of both, territorial structure and relations between the capital and the regions. The authors used the
method of analysis and synthesis, formal judicial and historical methods of research, legal comparative, logical, and
prognostic method.
Keywords:
Federation, unitary state, form of government, subject of Russian Federation, country, structure, subject, unitary, territory, federative relations.
Authority and management
Reference:
Borodach M.V.
Public property as an element of Russian statism:
axiological analysis and constitutional and legal aspects
// Law and Politics.
2014. ¹ 11.
P. 1670-1674.
URL: https://en.nbpublish.com/library_read_article.php?id=52297
Abstract:
This article is dedicated to the problem of defining the legal nature of an institution (phenomenon)
of public property and its place within the system of elements of Russian statism. Reviewing the existing
concepts of public property, the author justifies the need to research this problem because of the absence of
the solution to this issue within modern Russian jurisprudence. The author proposes using the axiological
approach to analyze the signs and phenomena of public property. This work concludes that public property
has a strictly constitutional and legal nature and must be considered among the primary elements of the
Russian statism, same as national sovereignty, territory, republican form of governing, federal structure,
democratic state, and others.
Keywords:
Public property, nation, public authority, statism, public interests, public needs, forms of property, axiological approach, constitutional values, legal nature.
International relations: interaction systems
Reference:
Karpovich O.G.
Cultural and civilizational confl icts within modern
global politics: dialogue or confrontation?
// Law and Politics.
2014. ¹ 11.
P. 1675-1685.
URL: https://en.nbpublish.com/library_read_article.php?id=52298
Abstract:
This article is dedicated to the research on the details of the structure and specifics of modern international
conflicts, which emerge on the grounds of clashes between world’s civilizations and the values that they bring into the
forming multipolar world. Object of this research is the international conflicts; the subject of it is the civilizational
factor, which defines the nature of the relations between the sides, aspects of the evolution of the conflict, axiological
antagonism, specificity of the mechanisms of conflict mobilization, and steering the conflict and all its participants
towards finding a way of a peaceful resolution. Some of the methods used in this research are: structural-functional
and culturo-civilizational approaches, historico-comparative, politico-comparative, and retrospective analysis. The
result of the research shows that modern civilizational conflicts can develop in multiple scenarios: relations between
civilizations can result in a conflict, or various forms of dialogue and even partnership.
Keywords:
Politics, law, international relations, conflict, civilization, culture, conflict management conflict resolution, conflict mobilization, security.
International relations: interaction systems
Reference:
Dunyaeva M.M.
On the subject of specifi cs of informational confrontation
between Russia and Georgia
// Law and Politics.
2014. ¹ 11.
P. 1686-1690.
URL: https://en.nbpublish.com/library_read_article.php?id=52299
Abstract:
The subject of this research is the work of mass media and its role in the informational confrontation during
the Russo-Georgian conflict of 2008. The article reviews the origins, specifics, character and the main milestones
of the informational warfare between Russia and Georgia during the period of 1991-2014. The author offers the
periodization of this conflict, highlights its details that emerged during the informational war of 2008, and offers an
assessment of its current status. The theoretical fundament of this work is the research of Russian and foreign scholars,
experts in conflict resolution and modern informational and political processes. The methodology behind this work
includes: systemic, dialectic, logical, functional, analysis and synthesis, empirical, prognostic scenario analysis, and
content analysis. The scientific novelty of this research consists in the substantiation of the new approaches to the
role of mass media during military and political conflicts, identification of the mechanisms of informational warfare
in the modern world, as well as use of conceptual progress in the context of Russia-Georgia relations.
Keywords:
Georgia, Russia, media, information warfare, South Ossetia, war, relations, politics, conflict, mass communication.
Transnational interests
Reference:
Aleksandrova E.S.
The events in Ukraine and Crimea:
a problem within international law
// Law and Politics.
2014. ¹ 11.
P. 1691-1701.
URL: https://en.nbpublish.com/library_read_article.php?id=52300
Abstract:
This article is dedicated to the issue of non-compliance with the current international law by all
the member-nations regarding the situation in Ukraine between December 2013 and March 2014. The author
focuses on the policy of non-intervention into the internal affairs of a country, right of self-determination, territorial
integrity and the criteria for a lawful secession. Analyses is conducted on the actions of the participants
are through the prism of decisions of the International Court of Justice about the violations of the precepts,
positions of Russian and foreign researchers, opinions of the European Court judges on the human rights and
International Court of Justice, as well as addresses by the heads of state. The author argues the necessity to
uphold and develop international law by all nations, study and promote secession institution for the purpose
of maintaining international security, balance in international relations, control the internal disintegration
processes and protect the fundamental human rights.
Keywords:
Secession, disintegration, Ukraine, effectiveness, international law, interference, territorial integrity, referendum, Crimea.
International security systems
Reference:
Vlasenko Y.V.
The issues and vector of improvement to the international
laws on the fi ght against hostage-taking at sea
// Law and Politics.
2014. ¹ 11.
P. 1702-1708.
URL: https://en.nbpublish.com/library_read_article.php?id=52301
Abstract:
This article reviews the collaboration of nations on the fight against the hostage-taking situations
in open waters, as well as separate cases in the issues of piracy at sea. The research involved the following
methods: induction, deduction, analysis, synthesis, historical, interpretation of law, and legal comparative.
The author proposes electing the standards of resolving jurisdictional collisions in cases where the hostage
taking happens in international waters. The article offers substantiation for the urgency to create international
standards of “practicability” of measures in liberating hostages, as well as the need to return to the
principles of “protecting the life and wellbeing of hostages” and “capturing terrorists alive” during the
hostage rescue operations.
Keywords:
Hijacking, hostage, piracy, terrorism, open waters, victim, pirate, ransom, armed robbery, global responsibility.
Human and state
Reference:
Nikolaeva A.A.
Current problems associated with the use of images
of citizens in the process of creative work
// Law and Politics.
2014. ¹ 11.
P. 1709-1717.
URL: https://en.nbpublish.com/library_read_article.php?id=52302
Abstract:
This article analyzes problems caused by the use of images of members of the public in the process
of creative work of the authors. An evaluation is given to the aspects and f laws within the legal system. The
article presents a positivistic legal analysis; as a result, the methodological basis of this research consists of
normative, complex, and systemic approaches to the analysis of law enforcement. It is extremely important
to develop and implement the corresponding complex of measures that would broadly and fully stimulate the
social processes that would prevent and limit these violations. Among such measures should be campaigns,
aimed at increasing the level of public awareness, including members of the legal community. It is also advisable
that an effort would be put forth on advanced training of the judges on the matter of proper use of the
clause 152.1 of the Civil Code of Russian Federation on the protection of the image of the citizen.
Keywords:
Image of the citizen, image rights, copyrights, creative work, author, caricature, parody, legal defense, civil code, civil law.
Human and state
Reference:
Matryonina K.Y.
Providing general and equal electoral rights,
as well as procedural safety mechanisms
during the process of electronic voting
// Law and Politics.
2014. ¹ 11.
P. 1718-1725.
URL: https://en.nbpublish.com/library_read_article.php?id=52303
Abstract:
Elections are the key instrument in any democratic decision making. The goal of this research is
to review the principles of universal and equal electoral right during electronic voting. The author examines
the implementation of procedural safety mechanisms such as transparency, verification, stability and security
throughout the electronic voting process. In the course of this work the following methods were used: legal
comparative, induction and deduction, synthesis and analysis, dialectic, and axiological. The article carries
the scientific novelty as the author proposes making changes to the Russian legislation. The research shows
that electronic voting is a step in the right direction in the process of reforming the Russian Federation electoral
system. Based on the analysis conducted, the author draws a conclusion that the international experience
can be used in establishing of electronic voting in Russia.
Keywords:
Electronic voting, general voting rights, equal voting rights, optical scan voting system, internet, transparency, monitors, Estonia, testing.
Human and environment
Reference:
Nikiforov A.A.
Legal foundation and organization
of the fi ght against environmental crimes
in the Northern European countries
// Law and Politics.
2014. ¹ 11.
P. 1726-1735.
URL: https://en.nbpublish.com/library_read_article.php?id=52304
Abstract:
This article provides information on the state, structure and dynamics of environmental crimes
and criminal infractions. It examines precepts of Norway’s Criminal Code of 1902, Finland’s Criminal Code
of 1889 (sections 48 and 48a) and Swedish Environmental Code of 1998, outlining criminal law restrictions
to trespassing against environment, its components and natural objects. The article also reviews the work of
law enforcement on investigation of environmental crimes and details of court proceedings (Administrative in
Finland, District in Sweden), as well as the legal organizational structure of the work of Økokrim (National
Authority for Investigation and Prosecution of Economic and Environmental Crime in Norway). Analysis is
conducted on the sources of environmental crime legislation of Norway, Sweden and Finland.
Keywords:
Criminality, crime, infraction, police, court, environment, ecology, criminal law, legal ban, accountability.
Human and environment
Reference:
Stepanenko V.S.
Legal regulation of responsibility for environmental
crimes in the area of waste management. Russia’s
and international experience
// Law and Politics.
2014. ¹ 11.
P. 1736-1744.
URL: https://en.nbpublish.com/library_read_article.php?id=52305
Abstract:
This article analyzes the measures taken with regards to violations of waste disposal regulations
and warns on their negative impact on the environment and human health. The article examines the issues
of administrative, criminal and disciplinary accountability for violations pertaining to waste disposal. It
reviews federal acts that regulate this responsibility, as well as acts functioning on a regional level. This
work presents international experience on the fight against environmental crimes and analyzes its effectiveness.
The methods used in this research are classical for jurisprudence: general logical, legal comparative,
synthesis and analysis, etc. The author examines various proposals on improving the criminal law and suggests
his own solutions on perfecting the legislative norms on the fight against the environmental infractions.
Keywords:
Hazardous waste, environmental crimes, criminological situation, illegal sale of waste, conf licts, legal regulations, criminal law, administrative law, international law, tendencies of infractions.
Practical law manual
Reference:
Sinelnikova V.N.
Modernization of the state registration of real estate titles
and transactions associated with them: practical issues
// Law and Politics.
2014. ¹ 11.
P. 1745-1755.
URL: https://en.nbpublish.com/library_read_article.php?id=52306
Abstract:
The author analyzes the civil legislation that regulates the state registration of real estate titles,
concentrating on the practical questions arising in the process of its implementation, and gives an assessment
to the current problems. Using the comparative analysis, the author examines the issue regarding the rights
of both parties in a contract, which in itself does not qualify for registration, but stipulates changes to the
property rights, for which there is a government registration. The author does not agree with the opinion of
the legislation that the terms lien and encumbrance are not synonymous, and proposes that an amendment
would be made to include authentic interpretation clarifying the registration of encumbrances includes registrations
of all real estate contracts that do not involve transfer of ownership. Such official explanation would
eliminate the legal limbo that carries unsubstantiated limitations to the rights of both sides of the contract.
Keywords:
Real estate, title registration, encumbrance, lien, transaction registration, transfer of ownership, cadaster, contestation of ownership, property.
Practical law manual
Reference:
Yarovenko V.V., Kitaev N.N.
Characteristics of dermatoglyphical traits of individuals
who are prone to committing serial crimes
// Law and Politics.
2014. ¹ 11.
P. 1756-1767.
URL: https://en.nbpublish.com/library_read_article.php?id=52307
Abstract:
In order to establish consistencies, the authors analyzed the dermatoglyphical traits of notorious
serial killers, who had committed their crimes in different regions of the country, years, and for different
motives. The authors state that the modern forensic trasology conducts the research on traces of sweat and
fat via the methods of forensic dermatoglyphics, which yield broader and more significant data for indirect
identification, as well as diagnostic research. They state that using the dermatoglyphic methods in forensic
criminalistics it is possible to compose a behavioral portrait of a suspect and determine pathological specifics
of the human organism by the papillary lines of the fingers and palms. The research shows that different
individuals can share certain dermatoglyphical characteristics. However, these similarities cannot be considered
as an established pattern of deviant behavior due to the small number of the fingerprint cards that
have been examined.
Keywords:
Serial crimes, criminals, trasology, research, dermatoglyphics, fingerprints, fingerprint cards, papillary lines, psychodermatoglyphics, suicide.
Practical law manual
Reference:
Polyakova V.E.
Preliminary agreement and enforceability of its terms:
legal approach within Russia’s and Germany’s legislation
// Law and Politics.
2014. ¹ 11.
P. 1768-1773.
URL: https://en.nbpublish.com/library_read_article.php?id=52308
Abstract:
This article is dedicated to the issue within Russia’s and Germany’s legal system of enforceability of
the terms of the preliminary agreement where both parties agree to carry out these terms prior to signing of the
actual contract, or are expected to do so based on the principle of trustworthiness. The author explores the ways
by which both parties could be stimulated to fulfill these terms by filing a lawsuit, forcing the other party to meet
the conditions of the agreement, as well claiming damages should one of the parties fail to complete the terms. The
methodological foundation for this article consists of the following methods: dialectical, formal logical, analysis,
synthesis, comparative, induction, and deduction. As a result of the research, the author comes to the conclusion
that Germany and Russia have a different outlook on the terms of the preliminary agreements; therefore the main
accent is made on the use of legal comparative method and offers characteristics of the legislative mechanisms
of both countries.
Keywords:
Preliminary agreement, general contract, German law, Russian law, principle of trustworthiness, misuse of law, enforcement of terms, damages, profit loss, actual damages.
Legal and political thought
Reference:
Zhdanov V.L.
The infl uence of the information and post-industrial
society upon the space politics in the era
of globalization
// Law and Politics.
2014. ¹ 11.
P. 1774-1777.
URL: https://en.nbpublish.com/library_read_article.php?id=52309
Abstract:
This article analyzes the influence of the theories of information and post-industrial society upon the development
of space politics. It examines the works of such researches in this field like Daniel Bell, Rimantas Pleikis, and Alvin Toffler.
The author emphasizes that the space politics in particular can be viewed as the axis of political theories, which passes
through the concept of industrialism, as well as being a reflection of post-industrialism theories and information society
as a whole. The space politics affects not only the direct access to information, but can also be an element of censorship in
a very near future; but the problem of access to information is one of the most politically sensitive. It is namely the access
to information as the cornerstone example of freedom that carries a direct impact on the forming of space politics, which
is very relevant in the era of globalization.
Keywords:
Political sciences, space politics, cosmic consciousness, post-industrial society, information society, space technologies, information, frequency jamming, censorship, globalization.
Biblion
Reference:
Dubovik O.L., Rerikht A.A.
Peer review of: Oleg Krassov. Land ownership laws
in the European countries.
M.: Norma, INFRA-M, 2014 – 400 p.
// Law and Politics.
2014. ¹ 11.
P. 1778-1784.
URL: https://en.nbpublish.com/library_read_article.php?id=52310
Abstract:
This article presents the analysis of the positions of the notion “personal property”, “right of ownership”,
and “right of property ownership”, which are being developed within the various branches of law
(Russian and foreign). It characterizes the criticism of the author of the study regarding the liberal and other
economic theories. The per review underlines the fundamental normative base of the treatise, which consists
of legislative and other acts of United Kingdom, Spain, France, Germany, Netherlands, and other member
states of the European Union. This article broadens some of the main arguments of the book’s author, specifically
those relating to the contradictions between private and public allocation of right of land ownership to
the corresponding branches. A special attention is given to the analysis of the “neighborhood” laws that the
author of the book has conducted, as well as the right of ownership of other (besides land) natural resources.
Keywords:
Land, peer review, limitations, environment, legal relations, legislation, private property, property, land lot, authority.
Jurisprudence
Reference:
Alpatov À.À.
Methodological aspects of correlation
between law and economy
// Law and Politics.
2014. ¹ 11.
P. 1785-1797.
URL: https://en.nbpublish.com/library_read_article.php?id=52311
Abstract:
The article analyzes a wide range of views with regard to correlation between law and economy. To investigate
this problem more thoroughly, an effort has been taken to consider it from various viewpoints, particularly, in the light of
historical, economic and legal analysis. When the key problems of correlation are addressed in numerous perspectives,
the most sensitive spot appears to be the corporate property. Hence, the author suggests his version of the concept of correlation
between economy and law and hopes that it will help to improve the situation in the basic element of economy, to
make the reform of legal and economic systems more balanced and efficient, and to identify the missing conditions that
are required for steady (non-crisis) development of market economy. The author expresses his gratitude to the Russian
Humanitarian Research Foundation (project No. 13-03-00482) which supported this research work. The present difficulties
in the process of the Russian market economy formation resulted in the growing interest to the issues of its correlation
with law. Moreover, the recent economic recession, experienced in many countries, requires reconsideration of the
operational problems not only of the Russian economic system. It is thought that the search for the optimal and suitable
solutions for the market failure should be performed with the use of various methods. It is believed that the research of the
correlation between law and economy conducted in three dimensions (historical, economical and legal) in parallel with
the anthropological, phenomenological and synergetic methodological support will enable to elaborate the most valid
ideas and conclusions on the subject of the research. A rather complex structure of the interrelation of economy and law
is caused by the major determinants of both categories. The objective laws play a fundamental role in the economy, while
the law features the common will of citizens expressed by the state as a basic component. The best way to represent the
character of their interaction is through the hierarchy of essences. In our opinion, the economy is the essence of law, but
the essence of economy is the equilibrium, or (which is the same) justice. In other words, the essence of economy, meaning
the essence of the second-order law, is the balance of equality and freedom, which can be represented as an overlap of
two equilibria that are simultaneously established in the market, namely the equivalent and free exchange between entities
(1), and the balance of property rights directly in a corporation (2).
Keywords:
Law, economics, correlation, exchange, labour, property, planned economy, market economy, overall equilibrium, objective laws.
Jurisprudence
Reference:
Petrov D.E.
On the subject of correlation between the concepts
of “law differentiation” and “legislative specialization”
// Law and Politics.
2014. ¹ 11.
P. 1798-1803.
URL: https://en.nbpublish.com/library_read_article.php?id=52312
Abstract:
The author points out the problem of dialectical link between the process of differentiation within
the legal system and lawmaking in the form of specialization of legislation. He underlines the need to clearly
demarcate the categories of “law differentiation” and “legislative specialization”, and offers their original
definitions. During this research, the following general scientific methods were used: analysis, synthesis,
induction, deduction, dialectical, systemic, private scientific and legal comparative. The author comes to a
conclusion that law differentiation causes corresponding specialization in legislation, and predetermines the
structure of normative acts. If the differentiation of law carries an objective character and is predefined by the
need to regulate the multifaceted social relations, then specialization of legislation has a character derivative
from it and relates to the work on the technical legal formalization of informative results of differentiation.
Keywords:
Law differentiation, legislative specialization, legal system, legislative system, legal methodology, codification acts, legislative regulation mechanism, division of legal norms, legislative regulation, specialized norms.