State institutions and legal systems
Reference:
Epifanov I.O.
The principle of direct effect of the Constitution of the Russian Federation as its essential normative-regulatory quality
// Law and Politics.
2015. ¹ 6.
P. 748-753.
URL: https://en.nbpublish.com/library_read_article.php?id=52430
Abstract:
The object of this research is the legal relations that form as a result of regulating effect upon the fundamental normative legal act of the Constitution of the Russian Federation with all general qualities and immanently inherent qualities of a special legislative act. The subject of this research is the theoretical and practical aspects of the content and activity of the principle of direct effect of the Constitution of the Russian Federation viewed as a normative-regulatory means along with legal norms. A special attention is given to the constitutional positions of specific character, attributable to a separate type of normative-regulatory means – normative consolidations, among which the principle of direct effect is being reviewed. The principle of direct effect is a mandatory requirement in the field of work of the judiciary, and has a major part in the mechanism of legal realization of normative consolidations contained in the Constitution of the Russian Federation.
Keywords:
principle, rule of law, normative generalizations, normative and regulatory tools, direct effect of the Constitution, Constitution of the Russian Federation, Basic law, legal regulation, Constitutional Court, Supreme Court
State institutions and legal systems
Reference:
Mazurova E.A.
The order of distribution of deputy mandates as an essential part of proportional electoral system
// Law and Politics.
2015. ¹ 6.
P. 754-758.
URL: https://en.nbpublish.com/library_read_article.php?id=52431
Abstract:
The subject of this research is the theoretical and practical issues associated with realization of the mechanism for distribution of deputy mandates between the candidates from the slates submitted by the electoral unions during deputy elections for legislative branch of government on the regional level by the proportional electoral system, as well as federal and regional legislation that regulates said procedure of distribution of mandates. A special attention is given to the questions of maintaining priority of the candidates in the slate in case of refusal by one or another candidate from receiving the mandate, and the analysis of the legal position of the Constitutional Court of the Russian Federation expressed on this matter. Based on the analysis of the regional electoral legislation, the author comes to a conclusion on existence of a clash of constitutional values, which on one hand are linked to the right of the party to promote candidates within the slate of candidates, and exercising of citizens’ passive electoral right on the other.
Keywords:
deputy mandate, exclusion from slate, waiver of mandate, order of distribution of mandates, passive electoral right, slate of candidates, political parties, electoral system, transfer of mandates, deputy election
State institutions and legal systems
Reference:
Kolyukh V.V.
Dualism of the executive government: constitutional prerequisites and means of limitation
// Law and Politics.
2015. ¹ 6.
P. 759-765.
URL: https://en.nbpublish.com/library_read_article.php?id=52432
Abstract:
This article reveals the essence and highlights the various types of dualism of the government as a constitutional distribution of functions and authority between two highest branches of government. Based on the analysis of the specificity of the presidential, parliamentary, and semi-presidential form of republican government the author underlines the constitutional prerequisites of dualism of the executive branch: absence of definition of the head of executive branch in the constitution, and endowment of the president with significant authority. This work accentuates the possible constitutional means of overcoming or limiting dualism of the executive branch: declaration of the president as the head of the executive branch with authority over the government (presidential system); institution of countersignature of acts of president by the prime minister and the cabinet of ministers responsible for their execution (parliamentary system); institution of political responsibility of the government before president with the ability to dismiss the prime minister by the presidential order and the institution of countersignature (semi-presidential system). The author concludes that dualism of executive branch, same as constitutional distribution of authority between president and the government, contradicts the centralized character of this authority and can cause disputes and conflict between the president and the government (prime minister), negatively affection the efficiency of government administration.
Keywords:
semi-presidential system, parliamentary republic, presidential republic, prime minister, government, president, dualism of executive power, dualism of power, check and balance system, countersignature
State institutions and legal systems
Reference:
Borodach M.V.
Comparative differentiation of private and public interests as a factor of the branch of juridical institutionalization of the phenomenon of public domain
// Law and Politics.
2015. ¹ 6.
P. 766-776.
URL: https://en.nbpublish.com/library_read_article.php?id=52433
Abstract:
This work reflect the result of conducted research on the issue of properties in a specific content of public interests acting as grounds for the phenomenon of public property. The comparison is based on the objective existence of only two types of social interest in public life – private and public, as well as the point of reference that consists in presence of both, substantial differences, and inseparable dichotomous correlation of public and private origins of social life. Statement of the problem takes place in the context of the need to define the legal nature of public interest, and subsequently the legal nature of social phenomena, which serve as the basis for the interests in question. The author justifies the thesis that objective qualities of the public interests allow us to speak of a strictly constructive legal nature, and thus of constructive legal nature of social phenomena that serve as direct basis for such interests.
Keywords:
nation, legal axiology, sociocultural values, public involvement, public authority, public domain, public interests, constitution, constitutional law, authoritative relations
Transformation of legal and political systems
Reference:
Kulezin M.A., Antonov I.P.
Virtual property in real world: adult problems in the gaming realms
// Law and Politics.
2015. ¹ 6.
P. 777-782.
URL: https://en.nbpublish.com/library_read_article.php?id=52434
Abstract:
In this research the authors confirm the ever-increasing impact of the gaming market of interactive entertainment upon the global economy, and therefore, the need to provide the normative and legal regulation of the objects of virtual property. The article sequentially analyzes the approach towards regulation of the virtual property market on the territories of the Russian Federation and abroad, examines the corresponding precedent, as well as positive and negative aspects of each of the approaches. The authors also analyze the prospects of normative and legal regulation of the market of virtual objects by using international legal mechanisms. The authors believe that despite the growing impact of the market of virtual objects upon global economy, the issue of its regulation has not been properly addressed on either the legislative or theoretical levels. Russian researchers of similar problematics usually reject the Asian approach, which holds virtual objects to be equal to real objects, while the authors of this work prove its progressiveness and benefit.
Keywords:
intellectual property law, gaming industry, games and competitions, virtual investments, global economy, virtual property, copyright, discrimination, TRIPS, online games
Transformation of legal and political systems
Reference:
Yamalova E.N.
The effect of political delimitations upon the party systems of post-Soviet Baltic states
// Law and Politics.
2015. ¹ 6.
P. 783-788.
URL: https://en.nbpublish.com/library_read_article.php?id=52435
Abstract:
In this research the author examines the effect of political delimitations based on the analysis of the four political breakups, which in one or another way reflected in the competitiveness of the parties throughout the post-Soviet development of the Baltic states. The breakups were first and foremost in ideology (left–right), then religious background (Catholicism–secularism), division by residency (city–town), and division by the ethnicity (titular ethnos–Russian heritage population). The main conclusion of the conducted research is the empirical confirmation of the hypothesis that in the establishment of the new democracies the influence of the ideological-value political breakups upon the development of the party system diminishes as the society rids itself of the transitional characteristics and forms the more stable professional and socio-class interests. The process of the influence of the structural and political delimitations upon the party systems in the post-Soviet Baltic states can be divided into two stages: 1990’s – under the rapid transformation of the social structure and lack of clearly expressed public interests, the electoral splits were formed by the political elites based on the competition between ideological platforms (communism–anti-communism, market–gradualism, European integration–pro-Russian movement); 2000’s – in addition to the political proposals initiated by the elites, a more noticeable role began to be played by the structural splits and electoral demand, thus within the framework of the most recent electoral cycles the biggest role is played not by the divisions of political values and ideologies, but a divisions of residency (city–town) and ethnic nature.
Keywords:
Political delimitations, Party system, Political values, Political party, Ideology, Ethnos, Nations, Baltic states, Policy, Democracy
State security
Reference:
Repinskaya O.V.
The stages of establishment of the concept of Russian antiterrorist security
// Law and Politics.
2015. ¹ 6.
P. 789-793.
URL: https://en.nbpublish.com/library_read_article.php?id=52436
Abstract:
The subject the research in this article is the political strategy of antiterrorist efforts in Russia. The goal of this work is to analyze the activity of political and non-political institutions in forming the Russian concept of antiterrorist security in the conditions of influence from endogenous and exogenous factors. The author makes an attempt to not only define the stages of establishment of Russian antiterrorist concept, but to also determine their specifics, and analyze the prospects for counteracting terrorism. As a result of analyzing the impact of internal and external factors upon the state of antiterrorist security at the present stage, the author notes that the stability of Russian antiterrorist security depends on strengthening the joint positions with the partnering countries. The article also presents the analysis of the threats of emergence and possibility of development of terrorism within the countries allied with Russia. The author points out the need to create a complex system of antiterrorist security using the capabilities of Eurasian cooperation. The results of the research can be useful in the politico-historical examination of results of antiterrorist efforts in Russia, in the future scientific research of the problems related to fight on terrorism, as well as practical activity of the branches of legislative and enforcement authorities in creating antiterrorist programs.
Keywords:
Terrorism, Security, Antiterrorism cooperation, Stages, Factors, Threats, Russia, USA, Eurasian Union, Eurasia
Law and order
Reference:
Zhesterov P.V.
Content of criminal repression: criminological aspect
// Law and Politics.
2015. ¹ 6.
P. 794-799.
URL: https://en.nbpublish.com/library_read_article.php?id=52437
Abstract:
The subject of this research is the concept of criminal repression and the modern approaches of theoreticians, practicians, and citizens of the country towards its content. The author underlines the fact that the opinion formed in the Russian society about criminality and its main indexes does not depend upon the objective state of law and order within the country. This article presents a critical assessment of a number of legislative initiatives, resulting in criminalization of new acts or increase in severity of the punishment for the existing elements of crime. The author makes a conclusion that criminal repression must be based on the knowledge of active laws, consider the scales of criminal activity, and be constructed upon a unified concept of criminal policy. The author proposes research on the practice of application of norms introduced into criminal legislation in order to determine their effectiveness and criminological validity.
Keywords:
capital punishment, criminality, criminalization, fraud, punishment, crime, prevention of crime, criminal repression, criminal policy, restorative justice
Law and order
Reference:
Shamsutdinov M.M.
Regulation of the measures of the criminal-procedural compulsion in the new Criminal Procedure Code of the Republic of Kazakhstan: comparative legal analysis
// Law and Politics.
2015. ¹ 6.
P. 800-808.
URL: https://en.nbpublish.com/library_read_article.php?id=52438
Abstract:
The article attempts to reveal the main novelties in the regulation of measures in criminal-procedural compulsion using the norms of the Criminal Procedure Code of the Republic of Kazakhstan (CPCRK) effective January 1, 2015 in the context of the need to study foreign experience in devising prospective vectors for improving the institution of the measures of criminal-procedural compulsion in the modern criminal procedure of the Russian Federation. Prior to January 1st of 2015, the Republic of Kazakhstan used the Criminal Procedure Code of 1997, which with the exception of a few specific norms represented the continuation of the traditions of the Soviet criminal procedure. A significant step towards reform of the institution of measures of criminal-procedural compulsion in Kazakhstan was made in 2014 due to introduction of the new Criminal Procedure Code, which borrowed from the experience of various countries, including Russia. Regulation of this institution in Kazakhstan is very detailed, but in many cases controversial. As a result of the conducted research, the author formulates positions that would allow adopting the norms of the CPCRK in Russia after being critically reworked.
Keywords:
House arrest, bail, preventive measure, detention of a suspect, measures of procedural compulsion, comparative legal method, custody, delivery, Criminal Procedure Code of Kazakhstan, criminal proceedings
International relations: interaction systems
Reference:
Kravchenko L.I.
Latin American approach towards solving international problems
// Law and Politics.
2015. ¹ 6.
P. 809-816.
URL: https://en.nbpublish.com/library_read_article.php?id=52439
Abstract:
This article is dedicated to the research of the issues of positioning of Latin America in the global arena. The author analyzes issues of world order and use of “hard power”, as these are namely the causes for ideological disagreements between the members of world politics. The main problematic field of the research addresses the questions of world order, architecture of the system of global governance, and use of force in resolution of international conflicts. The article sheds light on the positions of various Latin American countries on questions such as: implementation of sanctions, recognition of sovereignty of states, creation of international organizations, etc. The author reveals certain common positions of the countries of the region regarding the world structure (all countries stand for multipolarity). Positions of the countries coincide within the unifying structure – integrational bloc Mercosur, ALBA, and Pacific Alliance. The correlation of Latin American approaches with Russian is rather high, which is promising for the development of political dialogue between Russian and the countries of Latin America on various international platforms (General Assembly of the United Nations, UN Security Council, BRICS, and others).
Keywords:
international law, sanctions, humanitarian interventions, duty to protect, multipolaity, world order, Latin America, sovereignty, non-interference, terrorism
XXI century International law
Reference:
Zhudro I.S.
The sectoral method as the means of equitable delimitation of the seabed of the Arctic Ocean
// Law and Politics.
2015. ¹ 6.
P. 817-825.
URL: https://en.nbpublish.com/library_read_article.php?id=52440
Abstract:
The subject of this research is the international legal regime of the seabed of the Arctic Ocean with accent on the significance of the customs in resolving pressing issues of its delimitation. The author examines the precedent of the International Court of Justice on resolution of disputes in demarcation of the continental shelf, as well as the use of the sectoral method (method of meridian lines) in demarcation of the polar territories in the Anglo-Russian Convention of 1825, Alaska Purchase (1867), USSR-USA Maritime Boundary Agreement (1990), and the 2011 agreement on delineation of the aviation and maritime search and rescue regions by the countries of the Arctic Council. The conclusion is made that the current international legal regime of the seabed of the Arctic Ocean, including the custom of sectoral division of the polar territories, would allow Russia to achieve an equitable result in delimitation of the Arctic shelf with the neighboring countries without turning to the Commission on the Limits of the Continental Shelf, based on the treaties on delimitation, avoiding disputes, unjustified territorial concessions, and ensure national interests.
Keywords:
method of meridian lines, delineation of the Continental Shelf, delimitation of the Continental Shelf, Continental Shelf, International Court of Justice, international customs, Arctic Ocean, international legal regime, Commission on the Limits of the Continental Shelf, International Seabed Area
XXI century International law
Reference:
Savryga K.P.
Lawfulness of the targeted killings within international law: international humanitarian law and human rights
// Law and Politics.
2015. ¹ 6.
P. 826-839.
URL: https://en.nbpublish.com/library_read_article.php?id=52441
Abstract:
This article examines one of the most controversial state practices currently used in the war against terrorism, namely the targeted killing. The author assesses the correspondence of this phenomenon with international humanitarian law and international law of human rights pertaining to targeted killings during military conflicts and law enforcement operations. In the first part of the research, the author reviews the law of military conflicts and analyzes the legal status of various parties and the general limitations with regards to use of force during a military conflict. In the second part of the research, in analyzing the limits of the protection of the right to life, the author underlines the requirements that should be met before taking a life. The author comes to the conclusion that the practice of targeted killing corresponds with the norms of international law, but at the same time this practice remains subject to limitations from a number of principles in international law on armed conflicts such as proportionality, military necessity, caution, as well as the regulation of the use of methods and means of warfare and international law on human rights, particularly the protection of the right to life and prohibition of intentional or willful taking of life. The author rejects the existence of any other grounds for legalization of targeted killings other than those expressed within the norms of international humanitarian law and law on human rights.
Keywords:
law of armed conflicts, right to life, targeted killing, international law, international humanitarian law, law on human rights, human rights, taking of life, war on terror, combatants
JUDICIAL POWER
Reference:
Gerasimova A.E.
The history and modernity of the principle of equal protection of the laws in the United States (on the example of overcoming racial discrimination)
// Law and Politics.
2015. ¹ 6.
P. 840-842.
URL: https://en.nbpublish.com/library_read_article.php?id=52442
Abstract:
This article examines the issues associated with the history of emergence of the principle of equal protection of the laws throughout the period since the introduction of the 14th amendment to the U.S. Constitution until present time. Through the prism of legal precedent, the author analyzes such phenomena as discrimination and positive discrimination, the “positive measures” policy of the US government, and mechanisms of verification of presence or absence of signs of discrimination within any given act of the branches of government. The author makes a conclusion on the existence of two types of discrimination of African-American population: direct discrimination and positive discrimination. As a mechanism for deterring discrimination, the author examines the method of “strict scrutiny” formed by the legal precedent of the Supreme Court of the United States. This mechanism could be used to prevent discrimination in other social areas, thus its application could also enrich the Russian legal science and practice.
Keywords:
U.S. Constitution, USA, 14th Amendment, Supreme court of the United States, positive discrimination, discrimination, equal protection, public interest, 5th Amendment, Strict scrutiny
JUDICIAL POWER
Reference:
Ponazhev Yu.O.
The problems resulting from dissolution of a loan agreement
// Law and Politics.
2015. ¹ 6.
P. 843-847.
URL: https://en.nbpublish.com/library_read_article.php?id=52443
Abstract:
The subject of this research is the legal consequences resulting from dissolution of a loan agreement. The author examines the main methods of dissolving a loan agreement. This research presents an analysis of issues that emerge in legal precedent due to dissolution of loan agreements, including the information on which violations of a loan agreement can serve as sufficient grounds to request the dissolution, while the loan agreement can be dissolved as a result of significant changes in the circumstances. The article presents legal precedent on each of the means of dissolving a loan agreement. The author proposes criteria for allowing dissolution of a loan agreement due to significant violations of the agreement or changes in the circumstances. The author concludes that there are three main ways of dissolving a loan agreement, and states that the permissibility of dissolution of the credit agreement in each specific case can only be resolved by analyzing the legal precedent.
Keywords:
Legal relations, Loan agreement, Dissolution of a loan agreement, Termination of contract, Breach of contract, Change of circumstances, Early payoff, Unilateral refusal, Reimbursement of losses, Extending credit
Human and state
Reference:
Nazarov D.G.
Content of the rights and liberties in the field of mass media in Russia
// Law and Politics.
2015. ¹ 6.
P. 848-853.
URL: https://en.nbpublish.com/library_read_article.php?id=52444
Abstract:
This research examines the multifacetedness of the content of the rights and liberties exercised in the field of mass media in Russia, their mutual systemic connections, their place within the system of constitutional rights and liberties set by the Constitution of the Russian Federation, as well as aspects of the legal regulation of ensuring protection of the rights and liberties of humans and citizens within the field of mass media. The author attempts to conduct an analysis and systematization of the ideas on the general and private concepts of rights and liberties within mass media in juridical sense, including judicial. The author uses structural analysis of the main concepts to compare the points of view of prominent juridical scholars and refers to the Constitution of the Russian Federation and main international legal acts in the area of human rights and work of mass media.
Keywords:
Content, Information, Mass media, Speech, Thought, Right, Liberty, Constitution, Warranties, Analysis
Human and state
Reference:
Trofimov E.A.
Transformation of the passive electoral right in the Russian Federation after the protests “For Fair Elections” of 2012
// Law and Politics.
2015. ¹ 6.
P. 854-858.
URL: https://en.nbpublish.com/library_read_article.php?id=52445
Abstract:
This article examines the transformation of the passive electoral right within the Russian Federation after the acts of protest “For Fair Elections”. The author highlights that the transformation of this right retained its centralized vector, imitating the democratization of the electoral system. The analysis of the legislation and the political practice demonstrates that the limitations of the Russian citizens’ passive electoral right contradicts the norms of international law and the Constitution of the Russian Federation; in the area of political practice they infringe upon the essential principles of electoral right, including government non- involvement into the electoral process and equality of the voters. The mass protests of 2011-2012 did not produce changes, nor gave the citizens the opportunity to be elected as officials of the branches of government, and were further restricted by additional limitations that have a significant impact in the area of the selective functions of the government. The electoral system of the Russian Federation continued the transformation in the direction of interests of the federal president and the highest government bureaucracy, which leads to a collapse of the feedback system, degradation of Russian politeia, and imitation of the right to be elected.
Keywords:
limitation of rights, passive electoral right, centralization, authoritarianism, presidentialism, delegate democracy, elections, representative democracy, constitutionalism, democracy
History of state and law
Reference:
Danilov A.P.
Evolution of legal regulation of establishing state borders in the Arctic
// Law and Politics.
2015. ¹ 6.
P. 859-863.
URL: https://en.nbpublish.com/library_read_article.php?id=52446
Abstract:
The subject of this research is the international legal norms that were used in determining the boundaries of the Arctic region since the beginning of the 20th century until present day. The article examines and compares two juridical concepts of division of the Arctic territories – median and sectoral. Both concepts had their supporters, opinions of which are being reviewed in this article. Currently, the median and sectoral concepts have both become secondary, and majority of the Arctic countries adhere to the legal rules provided by the United Nations Convention on the Law of the Sea of 1982. The author compares the juridical concepts of delimitation of the Arctic territories, as well as Russian and foreign approaches towards determination of the boundaries of the region. The conclusion is made that the Arctic states need to come to a mutual understanding on the rules of delineation of the Arctic space for a peaceful demarcation of the boundaries in the future.
Keywords:
Continental shelf, Legislation, USSR, Northern Sea Route, Mineral resources, Border, Law, Russia, Arctic, United Nations
History of state and law
Reference:
Vereshchagina A.V.
The role of the Ministry of Justice of the Russian Empire in reform of the criminal justice in accordance with judicial statutes
// Law and Politics.
2015. ¹ 6.
P. 864-873.
URL: https://en.nbpublish.com/library_read_article.php?id=52447
Abstract:
This article presents the research on the role of the Ministry of Justice of the Russian Empire in the judicial reform of 1864 (predominantly the criminal justice). The author offers periodization of the work of the Ministry of Justice on judicial reform (criterion of inclusion): first period – when the Ministry of Justice carried a provisional character, and was not working on devising judicial statutes; second period – the realization of the judicial statutes, when the role of the Ministry of Justice in carrying out the reform becomes the key. The author systematizes the normative legal acts passed by the Ministry of Justice throughout the judicial reform and highlights three groups of normative legal acts: 1) acts aimed at improving the financial situation of members of the justice system; 2) organizational acts; 3) acts correcting the justice system and legislation on criminal procedure. Based on the results of the research, the author formulates a conclusion on the need for an educated assessment of the work of the Ministry of Justice in the process of judicial reform.
Keywords:
financial support of judges, judges, judicial authority, criminal justice, Ministry of Justice, judicial statutes, judicial reform, irremovability of judges, independent judicial authority, jury trial
Practical law manual
Reference:
Sadykhov A.A.
Legal means of ensuring the freedom of will
// Law and Politics.
2015. ¹ 6.
P. 874-878.
URL: https://en.nbpublish.com/library_read_article.php?id=52448
Abstract:
The subject of this research is the norms of the Russian legislation that regulate inheritance by will, public relations, set by the norms of inheritance law that are directly linked to the rights of the testator: actions of realization of the freedom of will; legal norms that provide the concept, terms of execution, limits and protection of the freedom of will. The author examines he work of the law enforcement aimed at ensuring the realization and protection of the freedom of will, rules of maintaining confidentiality of the will, as well as materials of notary and legal precedent and their application. Based on this research of the state of the legal theory and specificity of the realization of the principles of inheritance by will, the author conducted a complex analysis of the positions of this sphere and proposes a number of theoretical and practical recommendations on solution to the problems in legislation, as well as original view on several debatable points within the theory of civil law.
Keywords:
Inheritance, Freedom of will, Principles, Variety, Will of testator, Freedom of choice, Law and order, Protection of morality, Encroachment, Maintaining confidentiality of a will
Practical law manual
Reference:
Rakhcheva Yu.N.
Retention of customer’s property and finished product by the contractor and classification of retainable objects
// Law and Politics.
2015. ¹ 6.
P. 879-884.
URL: https://en.nbpublish.com/library_read_article.php?id=52449
Abstract:
This article reviews the key details of retention of customer’s property and finished product, their theoretical and practical aspects. The subject of this research is the legal norms regulating the procedure of retention, scientific works of Russian civilists, as well as materials from legal precedent. As a result of the conducted research, the author offers classification of the objects of retention and provides a detailed review of each object individually. Attention is given to the problems related to exercising the right to retention, especially the problem of retaining a finished product represented by an object of real estate. The author concludes that at this time it is difficult to exercise the right to retain objects of real estate. This fact is confirmed by the ambiguous and controversial legal precedent, examples of which are offered in this article. Thus, in order to exercise the right to retention of such disputable objects as a result of construction work, unfinished and renovation projects, the procedure of exercising the right to retention of such objects should be established on the legislative level.
Keywords:
Retention, Object of retention, Retention of customer’s property, Retention of equipment, Retention of materials, Retention of finished product, Retention of real estate, Retention of unfinished work, Retention of renovation work, Classification of objects of retention
Practical law manual
Reference:
Pochtarev A.A.
The place of means of influencing a debtor within the system of methods of ensuring fulfillment of obligations non-defined in Chapter 23 of the Civil Code of the Russian Federation
// Law and Politics.
2015. ¹ 6.
P. 885-891.
URL: https://en.nbpublish.com/library_read_article.php?id=52450
Abstract:
The subject of this research is the review and analysis of the non-defined means of influencing a debtor within the system of ensuring fulfillment of obligations, which are currently insufficiently researched within the science of civil law. The article also clarifies such notions as non-defined contract and all possible non-defined means and ways of affecting the debtor. The author also unravels and describes the important role of the institution of ensuring fulfillment of obligations. In this article the author uses and applies specific examples from precedent, as well as offers original classification of non-defined methods of ensuring fulfillment of obligations and illuminates the aspects of legislative regulation of each of the presented groups. The author comes to the conclusion that there is currently no clearly formulated mechanism for legal regulation of all non-defined means of ensuring fulfillment of obligation in civil legislation.
Keywords:
Obligations, Fulfillment of obligations, Non-defined means, Penalties, Down payment, Predetermined losses, Co-signing, Civil legislation, Socio-legal significance, Freedom of contract
Jurisprudence
Reference:
Karpov V.A.
Interpretation of the concept of a legal state within Russian pre-revolution legal studies of the 19th – beginning of 20th centuries
// Law and Politics.
2015. ¹ 6.
P. 892-897.
URL: https://en.nbpublish.com/library_read_article.php?id=52451
Abstract:
The subject of this research is the generalization of views of various pre-revolution scholars on the legal state, its concept, criteria, differentiation from similar legal state concepts, as well as other aspects used as an example for demonstrating the deeply indigenous interpretation of this category by Russian legal science. Out of the multifariousness of views and approaches of the pre-revolution Russian scholars towards the problems of legal statehood the author highlights generalized trends and aspects, and compares the ideas of legal state and absolutism. The author examines the concept of criteria for legal state, and highlights the character trait of the entire pre-revolution Russian concept of criteria for legal state: priority of moral and ethical criteria and non-governmental social regulators in the structuring of legal statehood. Analysis of the pre-revolution era of development of Russia’s legal science has demonstrated that the notion of law and legislation were not sufficiently demarcated, and were largely thought to be one and the same. The ideas of pre-revolution scholars on impermissibility of absolutization of the concept of legal state become rather relevant in the current political and legal conditions.
Keywords:
Legal state, Constitutional state, Concept of legal state, Criteria for legal state, Pre-revolution legal science, Legal ideas, Political legal concepts, Legal science, Legislator, Authority
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