Theory
Reference:
Chirkin V.E.
Three global legal systems of modernity: convergence and antagonisms
// Law and Politics.
2015. ¹ 8.
P. 1058-1069.
URL: https://en.nbpublish.com/library_read_article.php?id=52468
Abstract:
The author examines the classifications of legal systems and legal families that exist in the Russian and foreign literature, and notices their inaccuracies. The terms "legal system" and "legal family" are often used interchangeably, different social essence of the major legal systems is ignored. Anglo-Saxon law and totalitarian socialist legal system are in the same classification unit. It is offered new approaches and synthesis. The author uses the historical, logical, deductive, inductive and comparative research methods, applies the formational-civilizational approach and, on this basis, identifies three major legal systems in the modern world: the Muslim system, liberal semi-social capitalist system and the totalitarian socialist system. On the basis of socio-culturological legal approach within each of the global systems, the author highlights the legal families. In the Moslem system there are fundamentalist (radical) and modernized (upgraded) legal families, but also for another reason - the Sunni and Shiite communities legal families, in the liberal semi-social capitalist system there are Anglo Saxon, the Romano-German and other families, in the totalitarian socialist system - orthodox Leninist-Bolshevik and modernized partly, upgraded (but only in the area of economic regulation) family.
Keywords:
administrative economic law, business law, geopolitics, banking law, the subject of economic law, the legal systems, Classification, The Muslim system, Liberal capitalist system, Totalitarian socialist system, Legal families, Comparative Law, Family Law, Islamic law, common law, Economics, law, economic law, investment law, customs law
Transformation of legal and political systems
Reference:
Bogdan V.V., Ukolov D.S.
Comparative characteristics of the legislative regulation of the institution of life estate in the member-states of the CIS
// Law and Politics.
2015. ¹ 8.
P. 1070-1073.
URL: https://en.nbpublish.com/library_read_article.php?id=52469
Abstract:
This article examines one of the most relevant issues of modern civil law – life estate. The authors analyze the legislation pertaining to this institution within the civil codes of the member-states of the CIS. Emphasis is made on the specificity of the content of norms that govern the aspects of life estate, as well as their general and distinct features. A special attention is given to the reception of the norms of the Civil Code of the Russian Federation by other member-states of the CIS, as well as the special aspects of regulation of these relations within legal systems that do not have the institution of life estate within their national civil codes. The authors are some of the first to raise the issue of comparison of the positions of the civil codes of the CIS member-states on life estate. The authors formulate a conclusion that the concurrent emergence of the norms regulating life estate in virtually all of the CIS countries provides an objective possibility of borrowing separate legal norms that regulate life estate.
Keywords:
Civil legislation, Agreement, Life estate, Rent payment, Tenant, Landlord, CIS member-states, Real estate, Landlord guarantees, Comparative legal analysis
State security
Reference:
Dovnar N.N.
Mass media and extremism: the problems of assessment of materials of extremist nature (experience of Belarus)
// Law and Politics.
2015. ¹ 8.
P. 1074-1083.
URL: https://en.nbpublish.com/library_read_article.php?id=52470
Abstract:
The object of this research is the limitation of rights for spreading information of extremist nature. The subject of the research is the forms, place, and role of special methods of cognition of texts that contain signs of extremism. The author gives a detailed review to such aspects of the topic as: the problems with terminological apparatus of the legislation on terrorism countermeasures; problems of improving expert work with consideration of the latest advancements in linguistics, as well as technologies allowing detection of materials that may contain information of extremist nature. The main conclusion of the conducted research: consolidation of efforts of government agencies and civil institutions in the fight against extremism through the work of export committees on assessment of information products for presence (or absence) of signs of extremism will aid in realization of the key principles of terrorism counteraction, as well as execution of a number of functions that are inherent in all subjects of counterterrorism. The scientific novelty consists in the proposed legal model for the work of the expert committees of the Belarus Republic that allows detection of correlation of all elements of the system of assessment of information products in the work of the expert committees.
Keywords:
political discussion network, propaganda, public appeals, extremist materials, extremism, Mass Media, expertise, social partnership, model, legal model
Law and order
Reference:
Demidova L.N.
Criminal offence in Ukrainian law
// Law and Politics.
2015. ¹ 8.
P. 1084-1090.
URL: https://en.nbpublish.com/library_read_article.php?id=52471
Abstract:
The main goal of this article is to devise conceptual approaches towards the introduction of criminal offence into Ukrainian criminal legislation. The Criminal Procedural Code of Ukraine, passed by the Verkhovna Rada of Ukraine on April 13, 2012, introduced a notion of “criminal violation”, the content of which encompasses a criminal offence and crime. A special attention is given to foreign precedent and national traditions, as well as to the study of positions of researches in determination of the place of criminal offense within the system of legal violations. Based on the conducted analysis, the author formulates a conclusion on the need to introduce criminal offence into criminal legislation for the purpose of further humanization of criminal responsibility for separate crimes of minor gravity. By examining the correlation between the criminal offence with such institutions of criminal law as multiple offences, conspiracy to commit crime, and others, the author proposes and substantiates conceptual approaches of introduction of criminal offence into Ukrainian criminal legislation.
Keywords:
Criminal law, Criminal offence, Crime, Criminal responsibility, Legal violation, Criminal legislation, System of legal violations, Criminal violation, Humanization of responsibility, Law
Law and order
Reference:
Svininykh E.A.
Exclusion from participation in public procurement as a means of fighting corruption in accordance with the law of the European Union, Great Britain, United States, and Russian Federation
// Law and Politics.
2015. ¹ 8.
P. 1091-1098.
URL: https://en.nbpublish.com/library_read_article.php?id=52472
Abstract:
This article presents the analysis of the institution of excluding parties from participating in public procurement due to corruption violations. The author defines the notion, legal nature, and types of exclusion of parties from public procurement according to the law of the European Union, Great Britain, United States, and Russian Federation. A special attention is given to the comparative analysis of the basis and terms of exclusion within Russian and foreign legislations, including removal from participation for third-party corruption violations. The author determines possible ways to improve this institution within Russian legislation, and notes the need to broaden the bases for exclusion from participation due to corruption violations. For information purposes it is reasonable to create and maintain a registry of participants of public procurement that have previously been excluded due to corruption or other violations.
Keywords:
state needs, exclusion of suppliers, contract system, contracting, government contract, public procurement, government procurement, state order, corruption, fighting corruption
Law and order
Reference:
Vasil'chenko E.I.
On certain issues of procedure by the investigative branch in high-priority cases
// Law and Politics.
2015. ¹ 8.
P. 1099-1104.
URL: https://en.nbpublish.com/library_read_article.php?id=52473
Abstract:
On the example of detective and investigative work by the branches of internal affairs of the Russian Federation on cases of illegal drug trade, the author gives a detail examination to the possibility of optimizing the procedure of preliminary investigation. Through the prism of the idea of procedural economy, the author reviews the norms of the criminal procedural code of the Russian Federation, which regulates the work of the investigative branch related to procedure up to the moment of indictment. Analysis is conducted on the statistics that reflect separate aspects of the work of the branches of internal affairs of the Russian Federation during the period of 2012-2014. The scientific novelty of this research consist in the fact that the author studied the contradiction of the norms of criminal procedural code of the Russian Federation, according to which the investigative branch up until the moment of indictment, which warrants preliminary investigation, lacks the right to conduct any investigative actions even if there is a need to secure pertinent information from possible loss or tempering. The author accents his attention on the possibility of optimizing the process of procedural recording of pertinent information should there be future improvements to the legal norms that regulate the procedure of high-priority investigative work.
Keywords:
internal affairs, pertinent information, forensic inquiry, criminal case, high-piority cases, procedural economy, indictment, investigative branch, initial stage of investigation, illegal drug trade
Authority and management
Reference:
Logvinova I.V.
Legal basis of the delegated lawmaking authority of the executive government of the Russian Federation
// Law and Politics.
2015. ¹ 8.
P. 1105-1111.
URL: https://en.nbpublish.com/library_read_article.php?id=52474
Abstract:
The subject of this research is the lawmaking of the executive government of the Russian Federation due to the realization of the delegated authority on concretization of separate legal relations. The goal of this work is to determine the conditions, legal principles, and problems of realization of the lawmaking authority of the Russian government in cooperation with the Federal Assembly of the Russian Federation. The article examines only the lawmaking activity that is realized in the form of resolutions due to the delegation of lawmaking authority based on the federal law. Attention is given to the fact that such normative acts carry a significant impact upon increasing efficiency of the legal regulation as a whole, and have a direct relation to creation of the environment for the realization of the rights and liberties of citizens. As a result of the research, the author conducts demarcation between the legal institutions of delegated legislation and delegated lawmaking; however, the imperfection of legal mechanism of granting the executive government of the Russian Federation with this lawmaking authority should be eliminated.
Keywords:
law, state, delegation of authority, separation of authority, Constitutional Court, Government of the Russian Federation, rulemaking, legal principle, constitution, executive government
XXI century International law
Reference:
Kasatkina A.S., Kobakhidze D.I.
On some institutions of international private maritime law: maritime lien, rescue of ships and other property at sea
// Law and Politics.
2015. ¹ 8.
P. 1112-1128.
URL: https://en.nbpublish.com/library_read_article.php?id=52475
Abstract:
This article is dedicated to the research of the main trends in regulation of legal relations, pertaining to such key institutions of international private maritime law as maritime lien, and rescue of ships and other property at sea. These legal institutions not only carry great significance from the perspective of their theoretical cognition and scientific analysis, but also play an important role in merchant shipping, which at the present time increases exponentially in international trade relations. The authors make an accent on the multifacetedness and richness of sources of these institutions of international private maritime law that is substantiated by the specificity of relations associated with international law. The relevance of this problematic is also confirmed by the presence of modern international trends of reform and unification of these institutions of private maritime law, which is confirmed by new conventions passed by the global maritime coalition, development of new documents by international organizations that are widely applied in the merchant shipping as “soft law”, as well as implementation of international norms into national legislation by many countries.
Keywords:
bottomry, maritime lien, unification, customs of merchant shipping, national legislation, international agreements, international transport law, maritime privileged requirements, vessel resque, salvage contract
XXI century International law
Reference:
Tashtemirova N.A.
The ratio of limits of international legal prohibition of use of force, and protection of civilians on the example of Yemen
// Law and Politics.
2015. ¹ 8.
P. 1129-1133.
URL: https://en.nbpublish.com/library_read_article.php?id=52476
Abstract:
The subject of this research is the theoretical and practical aspects of the position of rights and protection of civilian population during an armed conflict (on the example of Yemen). A special attention is given to the cooperation of regional organizations and the United Nations on the issue of use of force within international relations, and the practical application of Article 51 of the UN Charter. The postulation of the main problem is the ethics of use of force for the purpose of helping the civilian population, as well as the need to limit the means such as airstrikes and other means with low-precision destruction. The following conclusion is made: the only possible way to protect the civilian population can be ensured within the framework of a country through the creation of a working mechanism for holding parties accountable for serious violations of the norms of international humanitarian law and human rights during peace time, as well as during an armed conflict.
Keywords:
UN Charter, international law, international relations, regional organizations, UN, civilian population, protection, self-defense, Yemen, armed conflict
JUDICIAL POWER
Reference:
Stukonog I.V.
The limits of judicial control over the adherence to the principle of reasonable term for pretrial stages of criminal procedure
// Law and Politics.
2015. ¹ 8.
P. 1134-1140.
URL: https://en.nbpublish.com/library_read_article.php?id=52477
Abstract:
The subject of this research is the institution of judicial control over the adherence to the reasonable term for pretrial stages of criminal procedure. The object of this research is the principle of reasonable term for criminal procedure, its definition and criteria set by the legislation, as well as judicial control as one of the acting mechanisms of its realization. The author gives a detailed review of such aspects of this topic as efficiency of the rules on reasonableness of the term for criminal procedure, and sufficiency of the enacted criteria of said principle of the procedure. The main conclusions of the conducted research are the theses on insufficient normative regulation of the limitations of judicial control over the adherence to the reasonableness of terms for pretrial stages of criminal procedure, including during review of complaints of violation of the procedural terms, the need for additional examination of the forming judicial practice even by the highest judicial branch on criminal cases.
Keywords:
Reasonable term, Criminal procedure, Judicial control, Procedural terms, Pretrial stage, Review of complaints, Participants of the criminal procedure, Court, Term of examination, Term of preliminary investigation
Human and state
Reference:
Belyaeva G.S.
Legal regimes based on restrictions: on the definition of the notion
// Law and Politics.
2015. ¹ 8.
P. 1141-1149.
URL: https://en.nbpublish.com/library_read_article.php?id=52478
Abstract:
This article presents a complex general theoretical examination of a legal regime based on restrictions. The author examines the notions of legal restrictions, their correlation with legal prohibitions, and specificity of its realization under the conditions of existing legal regimes. The legal regime based on restrictions is being analyzed, and the author proposes an original definition. In order to prevent arbitrary limitation of rights and liberties of citizens, and abuse of these rights by the branches of government authorities, the author offers criteria for limitation of such rights in the conditions of restrictive legal regimes. The general scientific methods were applied for the theoretical substantiation of the problem during the review of the questions of cognition of the phenomenon of legal regime, and determination of its significance in the process of legal regulation.
Keywords:
Legal regime, Special legal regime, General legal regime, Essence of legal regime, Legal restriction, Legal prohibition, Principles, Guarantees, Goals, Criteria for limitation of rights
Human and state
Reference:
Utyashov E.K.
Characteristics of the legal relations in the conditions of martial law
// Law and Politics.
2015. ¹ 8.
P. 1150-1160.
URL: https://en.nbpublish.com/library_read_article.php?id=52479
Abstract:
The subject of this research is the social relations that form in the conditions of martial law. The author examines the concept of legal relations and its structure, as well as separately analyzes all elements of it: participants (subjects), objects, the content of the legal relation, authority of the branches of government, their legal competency, ability to limit the subjective rights and liberties of citizens during martial law, as well as the need to restrict the legal rights of individuals and legal entities. The author justifies the ability to impose additional responsibilities upon the sides of legal relations during martial law. Analysis is conducted on the legal personality of the branches of government authority in modern France and Great Britain. The author substantiates the structure of legal relations of martial law, which consists of subjects, objects, and content, due to which the author proposes the hypothesis on permissibility of limiting the subjective rights and imposing additional responsibility upon the participants of these legal relations.
Keywords:
Martial law, Legal relations, Legal personality, Objects, Subjects, Content, Competency, Comparative analysis, Restrictions, Responsibility
History of state and law
Reference:
Toropygin O.Yu.
Institution of criminal responsibility for crimes in the area of copyright laws during Soviet era
// Law and Politics.
2015. ¹ 8.
P. 1161-1170.
URL: https://en.nbpublish.com/library_read_article.php?id=52480
Abstract:
The subject of this research is the criminal legal norms and institutions that cover responsibility for violations of the copyright laws (intellectual property), as well as criminal legislation during the period of establishment and development of the Soviet state (Criminal Code of the Russian Soviet Federative Socialist Republic of 1922, 1926, and 1960). In addition to that, the author conducts a legal analysis of the legislative acts (decrees) of the congresses of the Councils of All-Russian Central Executive Committee, and the Council of People's Commissars of the Russian Soviet Federative Socialist Republic passed during the first years of the Soviet power, and regulations and maintaining legal relations in the area of copyright. The novelty of this research consists in the following: Soviet legislation, including the legislation on intellectual rights is characterized as ideological; the annulment of the legislation on copyright of the Russian Empire and formation of the Soviet legislation, including introduction of criminal legal protection of intellectual property, but with consideration of state ideology, serves as a proof to that regard. Thus, the research does not confirm the positions of the authors on the contradiction of legislation on both, intellectual property, as well as its criminal protection.
Keywords:
Copyright, Soviet era, Intellectual property, CC RSFSR, Crime, Punishment, Social categories, Criminal responsibility, Decree, Military communism
History of state and law
Reference:
Silant'eva N.A., Suntsov A.P.
On the issue of development of legal regulation of the indigenous minority nations of the North
// Law and Politics.
2015. ¹ 8.
P. 1171-1174.
URL: https://en.nbpublish.com/library_read_article.php?id=52481
Abstract:
The subject of this research is the normative legal acts passed by the legislators of the Russian Federation on the issue of ensuring the rights of the indigenous people of the North. The object of this research is the legal position of the indigenous people throughout various historical periods. The author gives a detail review of the development of the indigenous minority nations in the pre-revolution Russia. A special attention is given to the unprecedented codified act “Charter on Governance of the Allogenic People”, which in 1822 was devised by a renowned reformist Mikhail Speranksy. Its main goal was to maintain an increase the numbers of most of the Siberian ethnoses. The conducted research allows us to conclude that the experience of the legal regulation of development of the indigenous minority nations of the North of the Russian Empire can be viewed as positive, since it was able to maintain the population of majority of the Siberian ethnoses, their ethnic culture, and their traditional economic structure.
Keywords:
public policy, protection of rights, rights of indigenous peoples, law, experience of legal regulation, Charter, Russian Empire, indigenous peoples, historical experience, status of the indigenous population
History of state and law
Reference:
Karpov V.A.
Russian legal statehood at a crossroads: historical aspects of the selection of concept of the legal state in Russia at the end of 1980’s and beginning of 1990’s
// Law and Politics.
2015. ¹ 8.
P. 1175-1180.
URL: https://en.nbpublish.com/library_read_article.php?id=52482
Abstract:
The subject of this research is the turning point in the history of establishment of the legal state in Russia during the late 80’s and early 90’s. The author follows the fairly short span of time during which the concept of legal state have transformed from the initial concept of a socialist legal state, to the final removal of all competing concepts (such as the concept of socialist legality) and establishment of domestic legal political thought as the flagship for coming decades. The author examines the key milestones of acceptance of this concept at the government level, including the legislation of the late post-Soviet period, and the vectors of scientific cognition of the concept of legal state within the legal sciences of the early 1990’s. The author characterizes the peculiarities of the interpretation of this concept in the various constitutional projects developed in that time, as compared to the final version of the text embodied in the acting Constitution of the Russian Federation of 1993.
Keywords:
Legal state, Legal statehood, Socialist legal state, Constitutional projects of the Russian Federation, Russian Constitution, Implementation, Socialist legality, Ideology, Mono-party system, Paradigm
Legal and political thought
Reference:
Semin S.V.
Special aspects of the development and establishment of the classical elite theory
// Law and Politics.
2015. ¹ 8.
P. 1181-1186.
URL: https://en.nbpublish.com/library_read_article.php?id=52483
Abstract:
The subject of this research is the review of the issues pertaining to development and establishment of the classical elite theory, as well as the approaches associated with it: reputational, pluralistic, value, and elite, by analyzing works of such renowned thinkers as Vilfredo Pareto, Robert Michels, Max Weber, Nikolai Berdyaev, and others. A special attention is given to the study of so-called “elite circle”, or individuals who are part of the elite. The author identifies the general characteristic features inherent in the teachings about the elites in the writings of various scholars. The main conclusion of this research is the determination of the general signs intrinsic to the elites; the author also gives an original definition to the term of “elite”. The results of this work can be used to further examine the elite theory.
Keywords:
general features of the elite, members of the elite, signs of elite, definition of elite, recruitment of elites, elite, problems of elites, classical elite concept, elite theory, elite features
Discussion forum
Reference:
Kretov V.V.
On the need to improve the Federal Law “On the Roads and Road Activities…”
// Law and Politics.
2015. ¹ 8.
P. 1187-1196.
URL: https://en.nbpublish.com/library_read_article.php?id=52484
Abstract:
The subject of this research is the Federal Law “On the Roads and Road Activities in the Russian Federation…” No. 257-FZ from November 8, 2007, as the foundation of legislation of the Russian Federation on roads and road activities. The object of the research is the legal norms, contained in the law, that regulate the core functionality of the roads and driving. A special attention is given to the proposition on improving these legal norms by changing them, as well as introducing additional articles that would allow eliminating the gaps in legislation on roadways and road activities. The scientific novelty consists in the fact that the author is first to analyze the foundation of the legislation of the Russian federation on roads and road activities, detects the key flaws and gaps in the law, and devises measures for remedying the imperfections that impede the development of the road system. The proposed changes allow a significant concretization of the norms that regulate the use of roads, as well setting the responsibility for the authorities of executive branches and their leadership that are not performing their duties.
Keywords:
financing, road users, operating control, road legislation, road activities, roads, road system, duty, individuals, legal entities
Jurisprudence
Reference:
Zagvozdkin N.N.
Personal search and similar legal notions: the problems of differentiation
// Law and Politics.
2015. ¹ 8.
P. 1197-1207.
URL: https://en.nbpublish.com/library_read_article.php?id=52485
Abstract:
The subject of this research is the theoretical, legislative, and practical aspects of personal search and similar legal procedures, such as frisk, pat down, external frisk, and others. The goals of the article are: 1) to determine the collisions of norms of administrative, criminal procedural, investigative, criminal law enforcement, and other legislation that regulates forced search of a person and confiscation of something from an individual; 2) to mark the issues in investigative and judicial practice of application of such norms; 3) to propose possible solutions. The novelty of the results acquired consists in the inter-industry and interdisciplinary approach towards the analysis of acts similar to personal search. The conclusions are formulated as the following propositions: 1) to remove the multiplicity used within the normative-legal acts of notions that pertain to forced search of individuals; 2) to improve the procedures of such search within various branches of the federal legislation.
Keywords:
preliminary check, detection, examination, external frisk, pat down, frisk, personal search, conflict of norms, procedure, investigation
Jurisprudence
Reference:
Dias Martins R.
The ontological legal nature of the results of intellectual work: differentiation of the terms of property and right of ownership
// Law and Politics.
2015. ¹ 8.
P. 1208-1215.
URL: https://en.nbpublish.com/library_read_article.php?id=52486
Abstract:
The author gives a detailed examination to the difference between the terms of property and right of ownership in research of the sources of Roman law throughout the history prior to the emergence of modern civil codifications. A special attention is given to the notions associated with property such as: absolute, in personam, and personal and property rights that represent the key to determining the ontological legal nature of the results of intellectual work. The author attempts to determine a clear content for these notions in order to resolve the dilemma of the modern non-proprietary concept of objects of intellectual rights. The author’s contribution into the research of this topic lies in the presentation of new arguments for discussion on the ontological legal nature of the results of intellectual work. Based on the historical development of the notions of property and right of ownership, the author formulates a conclusion that the results of intellectual work are the object of property (proprietas), rather than the right of ownership (dominium).
Keywords:
relative rights, real rights, personal rights, classification of civil rights, proprietary concept, Intellectual Property, absolute rights, property, ownership, Romam Law
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