Theory
Reference:
Borodach M.V.
The idea pf constitutional equality of public owners and its correlation with the civil concept of legal equality of all owners
// Law and Politics.
2015. ¹ 11.
P. 1502-1511.
URL: https://en.nbpublish.com/library_read_article.php?id=52523
Abstract:
This work presents the analytical research of the issue of dominant juridical principle of relations of public owners in property sphere. Based on synthetic generalization of phenomenological characteristics of public property, norms of Russia’s legislation and practice of its application, and various scientific opinions the author comes to a conclusion that the nature of relations of public owners with other owners cannot be defined by the act of legal equality of participants of the transaction set in civil legislation. Comparative analysis of the norms of constitutional and civil legislation, with consideration of relevant legal positions of the Constitutional Court of the Russian Federation, demonstrates that the property relations of public owners are based on the principle that is different in its legal nature. Relations between the public owners are based on the idea of their constitutional equality under the federative nature of the Russian state. This conclusion derives from the comparative analysis of the legal position of the Constitutional Court of the Russian Federation formulated during a hearing of a case which argued the constitutionality of the transfer of state property of the constituents of the Russian Federation to federal property as a result of delimitation of authority on the subjects of joint competence of the Russian Federation and its constituents.
Keywords:
constitution, nation, legal axiology, socio-cultural values, public, public authority, public property, public interests, constitutional right, public relations
Transformation of legal and political systems
Reference:
Krasnova T.V.
State family policy and legal status of parents: problems of improvements in family legislation
// Law and Politics.
2015. ¹ 11.
P. 1512-1518.
URL: https://en.nbpublish.com/library_read_article.php?id=52524
Abstract:
Currently, works is being done on the Concept of improving the family legislation of the Russian Federation. The author substantiates the relevance and importance of the scientific research of the legal status of parents in order to devise proposals for the legislator. Arguments are being made to support the positions of the authors of this Concept called into question by the conclusion of experts that the primary measure should become the elimination of legal uncertainty of the categorical apparatus. The object of this research is the relations between parents and children. The subject is the scientific achievements in the area of family, civil and general theory laws; legislation and legal practice. The author proposes an original approach towards the understanding of the terms “parent” and “child”, and formulates specific recommendations on updates to the positions of Articles 47 and 54 of the Family Code of the Russian Federation. It is a juridical fact that the necessary and sufficient basis for status of a parent is birth of a child. Therefore, the author proposes to change the current rules of birth registration, and forms the conclusions on the need to make changes in the legislation on the registration of acts of civil condition in order to match the criteria of international legislation.
Keywords:
protection of children, concept, population policy, state family policy, family law, child, parent, legal status, birth registration, protection of parental rights
Law and order
Reference:
Popov V.A.
To the question of special subjects of crimes under the paragraphs 1 and 4 of Article 210 of the Criminal Code of the Russian Federation
// Law and Politics.
2015. ¹ 11.
P. 1519-1523.
URL: https://en.nbpublish.com/library_read_article.php?id=52525
Abstract:
This article presents the analysis of the special subjects of crimes under the paragraphs 1 and 4 of Article 210 of the Criminal Code of the Russian Federation (CCRF): “individual having influence upon the members of organized groups” and “individual holding the highest post within the criminal hierarchy”. The object of the research is the social relations forming in the area of provision of public safety and protection of society from the destructive actions of criminal enterprises (criminal organizations). The author examines various positions expressed in the scientific community regarding the understanding of features of the stated special subjects. The author proposes an original guideline for qualification by characteristics of subjects of crime that can be used in law enforcement practice. In conclusion the author substantiates the need to remove the characteristics of the special objects in question from the text of criminal legislation, and defends the thesis that the fight against the leaders of criminal underworld should be waged by setting criminal responsibility for actions committed by such leaders.
Keywords:
criminal law, criminal hierarchy, organized group, leaders of criminal underworld, special subject, criminal organization, criminal enterprise, characteristics of the special subjects, qualification, criminal authority
Law and order
Reference:
Pisarenko D.A.
The issues of improvements to the legislative regulation of restitution to a legal entity for damages suffered as a result of a crime
// Law and Politics.
2015. ¹ 11.
P. 1524-1529.
URL: https://en.nbpublish.com/library_read_article.php?id=52526
Abstract:
The subject of this research is the methods of restitution for damages to victims of crimes in general, as well as legal entity that has suffered as result of a crime in particular. The object of the research is the proposals existing in specialized literature on the issues of improvements to the legislative regulation of restitution for damages to a legal entity that has suffered as a result of a crime. A special attention is given to the formulation of specific proposals for Russia’s criminal legislation on solution to the problem of restitution for damages suffered as a result of a crime. Proposal is made to implement a new type of punishment into the Criminal Code of the Russian Federation – “Obligation to cover damages”. In addition to that, a proposal is made to place the responsibility for solution to the problem of restitution for damages onto the victims in form of a voluntary (and perhaps mandatory) insurance. Among the main conclusions are the formulation of specific proposals for criminal legislation of the Russian Federation on solution to the problem of restitution for damages, including implementation of a new type of punishment “Obligation to cover damages” into the Criminal Code of the Russian Federation Article 46-1. Author’s special contribution into the research of this topic is the proposal to devise a version of a voluntary (and perhaps mandatory) insurance.
Keywords:
insurance, punishment, restitution, legal entity, private party, victim, harm, crime, criminal law, state responsibility
Authority and management
Reference:
Men'shenina N.N., Panteleeva M.V.
Government Relations techniques in the lawmaking process of modern Japan: aspects of cooperation between business, parliament, and the government
// Law and Politics.
2015. ¹ 11.
P. 1530-1535.
URL: https://en.nbpublish.com/library_read_article.php?id=52527
Abstract:
The subject of this research is the process of agreement of interests of public and political groups with the authorities in the modern Japan. This is especially important for the relations between business and the government, which provide a fundamental platform for the development of the political system. The authors analyze the specificity of the establishment of the system of cooperation between business and government in Japan with consideration of national, political, and economic aspects of its development. A distinct feature of Japanese model of “business-state” relations after the World War II became the concentration of power in the hands of government bureaucracy. The theory of political communications researches the GR techniques, using which the special interest groups achieve their goals. Lobbyism in this aspect will be viewed as a communication mechanism within the system of Government Relations. The scientific novelty of this work consists in the fact that on the particular case of “Shinkansen” the procedure of passing laws on construction of high-speed railways demonstrated the mechanism of cooperation between deputy clans, political leaders of the Liberal Democratic Party, and the government of the modern Japan.
Keywords:
bill, deputy clans, Parliament, government, power, business, lobbying, GR techniques, Political communication, public administration
Authority and management
Reference:
Kononenko D.Kh.
Exercise of oversight authority by the Parliament of the Russian Federation: theoretical and practical issues
// Law and Politics.
2015. ¹ 11.
P. 1536-1543.
URL: https://en.nbpublish.com/library_read_article.php?id=52528
Abstract:
This article examines the theory and practice of the Parliament’s oversight authority, analyzes various scientific views on the supervision activity of the Parliament, as well as the legal forms of parliamentary oversight exercised by the Parliament of the Russian Federation. The author presents original vision of the legislative development of oversight authority of the Russian Parliament, and offers proposals to devise theoretical basis and practical recommendations aimed at improving the constitutional legislation in this field. The main goal of the research is the legal analysis of the parliamentary oversight in the Russian Federation, as well as analysis of the realization of practical bases of the oversight authority of the Parliament. The article gives a detailed analysis to the following issues: legal regulation of parliamentary supervision; practical implementation and realization of the conducted control by the State Duma over the activity of various subjects of law, including the government of the Russian Federation; forms of parliamentary oversight; authority of the Parliament in this area; scientific approaches and outlooks upon the future development of parliamentary control in Russia. The author substantiates that parliamentary control represents a type of a state legal activity, contributes to the constructive collaboration between legislative and executive branches of the government and is concentrated on increasing the effectiveness of the latter.
Keywords:
Constitution, Parliamentary supervision, State Duma, Parliament, Authority, Implementation, Responsibility, Control, Inquiry, Russian government
International relations: interaction systems
Reference:
Manoylo A.V.
Battlefield Yemen
// Law and Politics.
2015. ¹ 11.
P. 1544-1547.
URL: https://en.nbpublish.com/library_read_article.php?id=52529
Abstract:
This article is dedicated to the analysis of the current state and dynamics of the Yemen conflict. The goal of the research is to give the characteristics of the interests and specificity of the conflict behavior of the direct participants of the civil war in Yemen – Houthi rebels, supporters of the former President Hadi, Saudi Arabia; as well as indirect participants – the United States and Iran. The object of this research is the armed conflict (civil war and foreign intervention) in Yemen. The subject is the goals, interests, and motives of the conflict behavior of the direct and indirect participants of the armed conflict in Yemen. The author gives attention to the peculiarities of the confrontation between various sides in the Yemen conflict. The goals and tasks pursued in the civil war by the Houthi leaders (among which there are leaders of non-Shiite descent – sheikhs of the Sunni tribes who have joined the rebels) substantially differ in opinion with the world and even Russian mass media, and the confessional factor in this confrontation does not play a defining role (although is present, nevertheless). Al-Qaeda in the Arabian Peninsula, entrenched in the south of Yemen having proclaimed the supremacy of the “Islamic State”, acts in this conflict as the adversary to both Houthis, and the Kingdom of Saudi Arabia.
Keywords:
interests, democracy, color revolutions, hybrid war, Yemen, USA, society, politics, values, security
Stabilization systems: fiscal control
Reference:
Kolesnikov Yu.A., Sharapov M.Yu.
Financial law regulation of state corporations on the example of the Investment Insurance Agency: to the question of reasonableness of existence of legal organizational form of “state corporation”
// Law and Politics.
2015. ¹ 11.
P. 1548-1553.
URL: https://en.nbpublish.com/library_read_article.php?id=52530
Abstract:
The subject of this research is the legal regulation of state corporations in the Russian Federation. The objects of research are the characteristics of state corporation as legal entities, while majority of the attention is dedicated to the financial legal aspect of their regulation. The main example of state corporation and the key object of the analysis is the IIA. The goal of this work is to formulate possible improvements to the financial legal regulation of state corporations. The authors meticulously review aspects such as uniqueness of the legal status of state corporations, as well as the prospects of their change in the legislation to “public law companies”. The scientific novelty of this research consists in the determination of the problems within the current mechanism of the financial legal regulation of state corporations. Authors' contribution into the research of this topic lies in the generalization of various points of view and proposals on the issue of reasonableness of the existence of the legal organization form in question. The practical importance of this research consists in development of a scientifically substantiated positions, conclusions, and recommendations on improving efficiency of the legal regulation of state corporations.
Keywords:
legislation improvement, efficiency, legal regulation, legal entity, state corporation, public legal companies, deposit insurance, legal status, legal organizational form, Deposit insurance system
XXI century International law
Reference:
Aristov E.V.
Conceptual approaches towards the understanding and perception of poverty from the perspective of international law
// Law and Politics.
2015. ¹ 11.
P. 1554-1557.
URL: https://en.nbpublish.com/library_read_article.php?id=52531
Abstract:
The subject of this research is the study of the fight against poverty on the international level from the perspective of the norms of international law. The author examines such aspects of the topic as state of poverty, and approaches towards solution to the issue of poverty from perspective of protection of human rights. A special attention is given to the international obligations of national branches of public authority, as well as global international and regional international organizations consisting of states. The object of the research is the acknowledgement by states of the necessity to protect and promote provision of human rights. Among the main conclusions of the conducted research is the need to impose obligations through the norms of international law to take measures towards preventing poverty. The author’s contribution into the research is the analysis of international instruments in the area of human rights pertaining to poverty. The scientific novelty consists in discovering the lack of direct guarantees of freedom from poverty within the norms of international law.
Keywords:
Norms of international law, Poverty, Human rights, International instruments, Alleviation, Declaration, Implementation of law, Convention, Individual poverty, State action
JUDICIAL POWER
Reference:
Brezhnev O.V.
Authority of the constitutional (charter) courts of the constituents of the Russian Federation associated with the abstract normative control: general and special within legal legislation
// Law and Politics.
2015. ¹ 11.
P. 1558-1566.
URL: https://en.nbpublish.com/library_read_article.php?id=52532
Abstract:
The subject of this research is the legal norms of the constituents of the Russian Federation regulating the authority of the constitutional (charter) courts pertaining to abstracts normative control and order of their implementation. In a comparative sense the author demonstrates the general and special aspects characteristic to such regulation, as well as the problems that arise in the work of regional branches of the constitutional justice in implementation of corresponding norms. The work reveals the influence of the positions of the Federal Constitutional Law “On Constitutional Court of the Russian Federation” upon the legal regulation of this authority of the judicial branches of the constitutional (charter) control of the constituents of the Federation. Taking into consideration the prospects of development of the constitutional justice in Russia and the need to solve the issues of judicial reform, the author demonstrates the positive and problematic aspects of the legislative regulation of the competency of the constitutional (charter) courts of the constituents of the Federation, and notes the most significant trends emerging in the modern approaches towards the content of this institution.
Keywords:
justice, authority, norm, constitution, inquiry, legislation, Abstract normative control, court, proceedings, charter
JUDICIAL POWER
Reference:
Nasonov S.A.
Continental model of jury trial proceedings: genesis and particularities of the procedure
// Law and Politics.
2015. ¹ 11.
P. 1567-1572.
URL: https://en.nbpublish.com/library_read_article.php?id=52533
Abstract:
This article examines the genesis and evolution of the continental model of jury trial proceedings. The first historical form of continental model of jury trial emerged at the end of the XVIII century in France, after which it spread throughout virtually all of Europe in the XIX century. The work reveals the particularities of the continental model emerging throughout the stages of court trials and arguments; in the system of questions faced by the jury; jury verdicts. The author notes that the subject of court trial and arguments in the continental model were extremely broad; information about the identity of the defendant was examined with participation of the jury. The continental model of jury trial had an unbalanced defense and prosecution bases: the prosecutor possessed significantly greater rights that the defense, while the court had discretional authority in the area of evidence. At the same time, the jurors had a broad arsenal of rights in the criminal procedure and were allowed to take the evidence into the deliberation room. The author makes a conclusion that the research of the historical experience of the continental model of the court proceedings involving jury is important for the search of ways to improve this form of procedure in modern Russia.
Keywords:
verdict, jurors, pleadings, judicial enquiry, continental model, jury trial, question list, competitiveness, questioning, witness
JUDICIAL POWER
Reference:
Shakhbazyan S.V.
Courts’ discretion to demote a charge to a lesser category of crime
// Law and Politics.
2015. ¹ 11.
P. 1573-1576.
URL: https://en.nbpublish.com/library_read_article.php?id=52534
Abstract:
This article examines the positions of Part 6 of Article 15 of the Criminal Code of the Russian Federation (CCRF) on authority of the courts to lower the category of a crime, as well as the grounds and conditions for such decision. The author gives attention to the wide boundaries of the court’s discretion in making a decision in accordance with the Part 6 of Article 15, and analyzes law enforcement practice and clarification of the Supreme Court of the Russian Federation on this issue. This work presents criticism on the Federal Law No. 420-FZ regarding the amendment it made to the Part 6 of Article 15, which contains corruptogenic factors and contradicts Article 10 of the Constitution of the Russian Federation. The scientific novelty lies in the attempt to attract the attention of scientists and practicians to the problematic issues emerging in relation to the application of Part 6 of the Article 15, particularly: which procedural document should reflect the court’s decision to lower the category of a crime, and which juridical consequences could follow the court’s decision to change the category of a committed crime.
Keywords:
aggravating circumstances, mitigating circumstances, separation of powers, court decision, conciliation of parties, factual circumstances, conditions and grounds, crime category, categorization of crime, interpretation
Conflict: tools of stabilization
Reference:
Parygina N.N.
Apologies in case of defamation: sphere of the Civil Code of the Russian Federation or the moral code of a defendant?
// Law and Politics.
2015. ¹ 11.
P. 1577-1584.
URL: https://en.nbpublish.com/library_read_article.php?id=52535
Abstract:
The object of this research is the social relations forming in the area of protection of citizens’ rights to honor and dignity, as well as the rights of citizens and legal entities to business reputation. With a wide arsenal of various means of legal defense of business reputation from defamation, the civil lawyers are often faced with the question of reasonableness and legality of apology as a means of protection of the business reputation. The subject of this research is the issue of legality and reasonableness of the use of apologies as an independent means of protecting civil right. The article also addresses the issues of qualifications of issuing an apology as a retraction of previously made statements or expressed beliefs due to coercion; highlighting the forms of apologies, and selecting those that need legislative regulation; satisfaction of public enquiry for corresponding modification of the means of protection of intangible assets. The goal of this article lies in the attempt to understand them. The research is conducted in the context of the corresponding international legal norms, as well as thematic generalization of current norms of the Russian legislation. The novelty of this work is defined by the multi-aspect original analysis of apologizing as a legal phenomenon, detection of legislative gaps, and author’s vision on the solution to the problems that arose in light of these gaps.
Keywords:
defamation, intangible assets, business reputation, dignity, honor, means of protection of rights, issuing an apology, damaging misinformation, freedom of expression, moral satisfaction
Human and state
Reference:
Teplyakova O.A., Rogova V.V.
Legal positions of the Constitutional Court of the Russian Federation in the area of protection of labor rights of parents in the interests of children
// Law and Politics.
2015. ¹ 11.
P. 1585-1589.
URL: https://en.nbpublish.com/library_read_article.php?id=52536
Abstract:
The subject of this research is the rulings of the Constitutional Court of the Russian Federation made on the issues of protection of labor rights of parents with minors under 14 years of age, as well as the rights of working women during pregnancy. The object of this research is the constitutional principles, upon which these legal positions of the Constitutional Court are based in the decisions of these rulings. The authors examine the link between labor rights of parents and the rights of the children to welfare, and notes that a number of guarantees for the citizens in the area of labor relations are set not only in the interests of the workers, but also in the interests of children. The authors also examine such aspect of the topic as the impact of legal positions of the Constitutional Court upon the active federal legislation, and presence or absence of changes in the legislation after the corresponding ruling of the Constitutional Court of the Russian Federation. Among the main conclusions of the research are: 1) determination of constitutional principles that served as a basis for the ruling of the Constitutional Court in the area of protection of labor rights of parents in the interests of children; 2) determination of the link between the labor guarantees of parents and right of children to welfare; 3) determination of the impact of legal positions of the Constitutional Court upon federal legislation.
Keywords:
right to walfare, Constitutional Court, welfare state, principle of equality, legal positions, protection of labor rights, protection of child rights, labor rights, public servants
Human and state
Reference:
Ivanova K.A.
Modernization of the institution of legislative public imitative: Russian and foreign experience
// Law and Politics.
2015. ¹ 11.
P. 1590-1594.
URL: https://en.nbpublish.com/library_read_article.php?id=52537
Abstract:
In this research the author notes that one of the forms of public initiatives is the legislative initiative of the populace. The author analyzes Russian and foreign practice of civic participation in the legislative process. The article examines the prospects for a more active participation of population in the legislation through electronic resources, and presents proposals for improving the mechanism of the realization of legislative initiative as a public initiative of the citizens. Examples are given along with the analysis of the development of this form of direct exercise of will of the citizens of the Russian Federation. Among the main conclusions is the acknowledgement of the need to improve the legislation on lawmaking initiative, since a fine-tuned mechanism of legislative initiative gives the citizens an ability to directly exercise power, creating legal acts that correspond with their way of life. The author’s contribution to the research consists in detection of contradictions between the legislative initiatives under the Federal Law No. 131-FZ “On universal principles of organization of local self-governance in the Russian Federation” and the Executive Order No. 183-RF of the President of the Russian Federation. The author analyzes foreign experience in the area of legislative initiative, and makes proposals on improvements to the Russian legislation.
Keywords:
civic activity, lawmaking, direct expression of will, local self-governance, electronic resources, legislative initiative, public initiatives, Internet resources, foreign experience, democracy
Human and state
Reference:
Sorokin M.A.
Definition of the “terms of social housing” in property law: essence, content, contradictions
// Law and Politics.
2015. ¹ 11.
P. 1595-1600.
URL: https://en.nbpublish.com/library_read_article.php?id=52538
Abstract:
The subject of this research is the essence and content of the definition “terms of social housing” as one of the fundamental categories of property law. The author demonstrates that despite the presence of this category in property law, its nature and content are not clarified in the legislation. This circumstance leads to limitation of citizens’ rights to privatize the residence they occupy. A proposal is made to implement these elements as the content of the definition of the “terms of social housing” into the law of the Russian Federation from 07.04.1991 No. 1541-I “About privatization of housing stock in the Russian Federation”. Overall, the legislative recognition of the content of this definition will allow organizing the legal relations in the area of privatization of housing. Reviewing the legal precedent, the author highlights the elements of the terms of social housing ruled by the courts in recognition of the housing rights of citizens. The novelty of this research consists in formation of original set of elements characteristic for the terms of social housing. The version proposed by the author reflects the substance of the processes in the modern judicial practice and is capable of resolving the issue of lack of legally defined terms for social housing in Russia.
Keywords:
Terms of social housing, Social housing agreement, Residence, Property law, Privatization, Legal precedent, Housing rights, Terms of agreement, Limitation of rights, Housing Code
Anthropology of law
Reference:
Romanovskaya V.B., Puzhaev V.V.
To the problem of substantiation of the value components within the Russian legal system
// Law and Politics.
2015. ¹ 11.
P. 1601-1607.
URL: https://en.nbpublish.com/library_read_article.php?id=52539
Abstract:
This article presents the theoretical-legal and political-ideological outlooks upon the problem of the value components existing in the current Russian legal system. The authors reveal the interconnection and interrelation of the sphere of positivism of legal values and ideological sphere of the functionality of Russia, analyzed in the context of complex socio-political transformations of the late XX – early XXI centuries. Taking into account the special aspects of the emergence of values in the course of goal-setting human understanding of reality, the authors trace the duality in the development of the legal axiosphere as a component of the legal system, which on one hand manifests in the space-time predeterminateness of a specific value construct, while on the other – in the processes of continuity and universalization of the legal values. The article reveals the theoretical problems of the legal axiology obstructing the holistic and unambiguous cognition of the value elements of the legal system. This work substantiates the presence of the axiological components not only at the stage of the actual establishment of law, but also within the entire mechanism of legal regulation.
Keywords:
legal system, state ideology, religious values, spiritual-moral bases, law comprehension, legal values, legal axiology, continuity, universalization, lawmaking
Anthropology of law
Reference:
Rusanov V.V.
The inheritance institution in the customary law of the Altai Krai
// Law and Politics.
2015. ¹ 11.
P. 1608-1612.
URL: https://en.nbpublish.com/library_read_article.php?id=52540
Abstract:
This article examines the uniqueness of the customary law of the residents of Altai Krai pertaining to the traditions of inheriting property. The author analyzes participation of the relatives (spouse and children) in inheritance of the property of the father. The research offers some of the peculiarities of the Institution of Zaysanat among Altaians. In addition to that, the research also addresses the land relations between the Seok tribes of the Altai; influence of the sedentism processes upon the process of research; the specificity of property relations, as well as the order of transfer of prospecting and hunting territories. The author compares the common-patrimonial law with the actual law of the Zaysan administration. Based on the character of modern legal knowledge, the author attempted the organic fusion of elements of legal analysis and historical-cultural and anthropological approaches. The author offers unique information based on the collected field material. The data is collected directly from the sources and informants during several expeditions to the summits of the Altai Mountains throughout 2005-2009, which just now has been processed. Each year there are less and less informants remain, and along with them, we are losing a portion of valuable knowledge. Study of the customary law of Russia’s ethnoses is an important step in understanding the former concept of law and preservation of historical heritage.
Keywords:
Institution of Zaysanat, personal property, property, testamentary succession, inheritance, Altaians, customary law, Family law, collective ownership, ancestral property
History of state and law
Reference:
Pyl'tsina M.V.
The establishment of the U.S. Department of Agriculture – search for the organizational legal basis for administering farming and agriculture
// Law and Politics.
2015. ¹ 11.
P. 1613-1617.
URL: https://en.nbpublish.com/library_read_article.php?id=52541
Abstract:
The subject of this research is the historical experience of the establishment of the US department of agriculture, which was tasked with devising a strategy for developing the farming industry and regulating the agricultural relations. Its role in increasing the efficiency of farming and transference of scientific knowledge onto the farming environment became one of its most important roles in agricultural transformations of the country in the second half of the XIX century, and still maintains its relevance even today. A special attention is given to the ideas of George Washington, who’s theoretical and practical findings later formed the understanding of the role of the administrative agricultural establishments in development of the agricultural sector of the economy. The author’s contribution into the research of this topic is the attempt to reconstruct the process of the search for ways to optimize the administration of farming and agriculture. Since the primary direction of the work of the USDA is the implementation of scientific and practical projects in the area of agriculture, the author concludes that there are similarities between this department and the Ministry of Cultivation and State Property of the Russian Empire.
Keywords:
agricultural projects, agricultural policy, administrative reform, agriculture department, agriculture, law, history, public initiative, George Washington, US
Practical law manual
Reference:
Nasonov S.A., Maksimova T.Yu.
Criminal procedural guarantees of defendant’s right to not testify against themselves: analysis of the issues of legal precedent in cases of both, judge and jury trials
// Law and Politics.
2015. ¹ 11.
P. 1618-1622.
URL: https://en.nbpublish.com/library_read_article.php?id=52542
Abstract:
This article examines the issue of procedural guarantees of defendant’s right to not testify against themselves. The article reveals the constitutional and international legal basis for this right, and analyzes the key positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights. The authors note that the aforementioned right covers all statements made by the defendant regardless of their incriminating nature. A special attention is given to the analysis of the legal precedent, where the evidence acquired in violation of this right (protocols of verification of statements on the scene, confrontational questioning) are still deemed admissible. The work determines the prerequisites for such approach and underlines its contradictions with the Constitution of the Russian Federation and the Criminal Procedural Code of the Russian Federation. Particularly during the trial by jury, it is important to explain the full and precise meaning to the jurors of the right of the defendant to not testify against themselves.
Keywords:
Constitutional Court of the Russian Federation, European Court, criminal case, self-incrimination, accused, procedural guarantees, evidence, judicial practice, confrontation, trial by jury
Practical law manual
Reference:
Zhavoronkova N.G., Zheleznov D.S.
Land law problems of placement of linear and other economically significant objects of state and local importance
// Law and Politics.
2015. ¹ 11.
P. 1623-1628.
URL: https://en.nbpublish.com/library_read_article.php?id=52543
Abstract:
This article presents analysis of the legal constructs (seizure of land, easement, lease agreement), which would allow access to private land for the purpose of placing linear or other economically significant objects of state and local importance. The subject of this study is the norms of the Russian legislation that regulates the relations pertaining to construction and reconstruction of such objects, as well as the positions of doctrinal research on this topic and legal positions reflected in legal precedent. The authors come to a conclusion that none of the stated legal mechanisms can be unequivocally recommended to persons interested in placement of linear or other economically significant objects on private land due to legal issues associated with their application. Based on this fact, the authors formulate a proposal on improving the current legislation.
Keywords:
Placement, Lease agreement, Easement, Seizure of land, Objects of local importance, Objects of state importance, Linear objects, Construction, Reconstruction, Balance of interests
Legal and political thought
Reference:
Zhdanov V.L.
“Space policy”: concept and essence
// Law and Politics.
2015. ¹ 11.
P. 1629-1632.
URL: https://en.nbpublish.com/library_read_article.php?id=52544
Abstract:
This article examines the definitions of the term “space policy”. The author analyzes the interpretation of the existing terms of this direction within space policy. This research reviews the works of such scholars as I. M. Moiseyev, K. A. Karp, Y. A. Matveyev, E. I. Zhuk and others. The author proposes a scientifically broader definition of “space policy”; reveals the essence of the space policy, as well as the main tasks that it is set to accomplish. It is pointed out that space policy is the policy that concentrates on space and all related vectors of political activity, and this sphere actively represents the interests of not only separate states, but the society as a whole. The number of these tasks grows as the time progresses, and in the future this trend will most likely not only continue, but increase. The author accents his attention on the fact that the space policy actively represents the interests of states, as well as public space organizations.
Keywords:
Political science, Space policy, Domestic policy, Cosmos, Politics, Political theory, Scientific discipline, Space, Tasks, Essence
Discussion forum
Reference:
Yarovenko V.V., Kitaev N.N.
On the issues of development of dactyloscopy
// Law and Politics.
2015. ¹ 11.
P. 1633-1641.
URL: https://en.nbpublish.com/library_read_article.php?id=52545
Abstract:
This work was motivated by the constant attention of the scientists and practicians to improvements in dactyloscopy due to development of scientific and technical means and scientific milestones in criminology and forensic science on identification. The authors examine the problems of reasonableness of implementation into law enforcement of delta index, symbol dactyloscopic formula as a combination of ridge patterns of the palm and fingertips, as well as other dermatoglyphical traits of the ridge patterns. A special attention is given to the argument that the symbol dactyloscopic formula can serve as biological marker of adaptive phenotype, allowing forecasting emergence of criminally significant events by the ridge patterns of the individual. Analysis was conducted on the research of ridge patterns by other authors from previous years, as well as ridge patterns of persons who committee violent crimes in a number of Russian regions. The results and comparison with the proposed prospects of development in dactyloscopy and dermatoglyphics by other authors reveal that neither the numerical nor symbol formula is sufficient for identification of a specific individual. The research needs to be conducted on the morphological images of the ridge patterns of fingertips, which will allow avoiding mistakes.
Keywords:
serial crimes, delta index, ridge pattern, fingerprints card, fingerprints form, dermatoglyphics, dactyloscopy, research, identification, diagnostics
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