Theory
Reference:
Chirkin V.E.
The interaction of international, supranational (supra-state), and constitutional law
// Law and Politics.
2016. ¹ 1.
P. 6-14.
URL: https://en.nbpublish.com/library_read_article.php?id=52566
Abstract:
The article discusses the creation of integration regional international associations, which at times become not only international unions, but also acquire elements of certain public power, a particular public-legal form, and can create its regional supranational (“supra-state”) law. At this time it fully applies only to the European Union, but other integration unions can also follow this path (for example, the EAEU). Using the methods of political science, science of state, and comparative-legal methods of studying this new phenomenon, the author concludes that in the EU there is an incomplete public power sui generis, which is not a state power, but has elements of statehood, operates special supranational law, which takes precedence over the law of member-states, and changes the concept of state sovereignty. Its member-states retain state sovereignty, but self-restrict some of its elements. But all of this takes place only within certain framework: certain sovereign rights and government powers voluntarily transferred to the EU by the member-states.
Keywords:
constitutionalism, EAEU, supra-state law, Supranational law, Public-legal form, European Union, Regional organizations, international law, supranational law, constitutional law
Theory
Reference:
Matuzov N.I.
Human and citizen obligations as an essential part of democracy and social stability
// Law and Politics.
2016. ¹ 1.
P. 15-27.
URL: https://en.nbpublish.com/library_read_article.php?id=52567
Abstract:
The subject of this research is the issue of correlation of human rights and obligations, in particular, the excessive elevation of the former and demotion of the latter, as well as the causes for this disproportion, its negative consequences, its origin and ways of overcoming it. The author conducts the historical analysis of the development of the institution of obligations. In the context of this topic, the subject of the analysis became the current Constitution of the Russian Federation, its flaws, especially in setting the obligations of citizens, as well as the state, its branches of government, and state officials. Attention is also given to the international experience pertaining to human and citizen obligations and realization thereof. The scientific novelty consists in the fact that this work substantiates the need to eliminate the disproportion between the human rights and obligations, and demonstrates that the responsibilities represent an integral part of democracy, as well as the condition of social stability and public order, and that obligations have as significant social value as the rights. The author proposes that the Constitution of the Russian Federation would emphasize the section on the obligations of citizens, as well as the government, its branches, and officials.
Keywords:
Rights, Obligations, Responsibility, Freedom, Culture, Democracy, Law, Constitution, Authority, Policy
State institutions and legal systems
Reference:
Kravets I.A.
Russian republicanism and the problem of separation of powers
// Law and Politics.
2016. ¹ 1.
P. 28-39.
URL: https://en.nbpublish.com/library_read_article.php?id=52568
Abstract:
The author explores the problem of identification of the Russian republicanism and constitutionalism, demonstrates the relationship between the constitutional form of government and models of separation of powers, open scientific approaches to understanding the nature and features of the republican form of government established by the Constitution of the Russian Federation in 1993. Particular attention is paid to the dynamic possibilities, realities and prospects of the development of the republican form of government in Russia. The study analyzes the theoretical basis, the origins of the principle of separation of powers, constitutional contours of the model of separation of powers ("flexible", "hard" and "mixed" models), as well as the problem of the origin, development and implementation of the modern principle of separation of powers as the basis of the constitutional order of Russia. The scientific novelty consists in the formulation of specific features of various models of separation of powers in light of their effect, implementation, as well as the future development of the republican form of government within the Russian model, including the identification of legal nature of the Russian constitutionalism.
Keywords:
President of the Russian Federation, presidential constitutionalism, semi-presidential system, models of the separation of powers, Russian constitutionalism, form of government, republicanism, the executive branch, "flexible", "hard" model, "mixed" model
State institutions and legal systems
Reference:
Trofimova G.A.
Right to indemnity in Russia as a legal category
// Law and Politics.
2016. ¹ 1.
P. 40-49.
URL: https://en.nbpublish.com/library_read_article.php?id=52569
Abstract:
The right to indemnity carries a special character, representing an exception from the constitutional principle of equality of all citizens before the court and law. The historical foundation and the need for creation of additional guarantees for elected officials justified the emergence of this right. The author makes an attempt to define the key elements of this right, and find the correlation between the right to indemnity and the adjoining notions of “immunity” and “nonprosecution”, as well as present the structure of right to indemnity and the form of its establishment in the legal text; analyze the variants of the scope of the right to indemnity that currently exists in the scientific literature and legislation. This work sheds light on such under-studied juridical category as right to indemnity. The analysis presented here can be useful for clarification of the conceptual apparatus of the constitutional law and theory of law, as well as for the purposes of improving the legislation on responsibility of state officials possessing diplomatic immunity or other type of immunity as an exclusion from the general jurisdictional rules.
Keywords:
Legal immunity, Official immunity, Presidential immunity, Nonprosecution, Diplomatic immunity, Equality, Right to indemnity, Legal exception, Conditions for removal of immunity, Immunity
Transformation of legal and political systems
Reference:
Rerikht A.A.
Examples of abnormal patient’s treatment of their body and possible legal response to such actions
// Law and Politics.
2016. ¹ 1.
P. 50-60.
URL: https://en.nbpublish.com/library_read_article.php?id=52570
Abstract:
Based on the comparative legal material this article examines the issues of legal obligation and possibility of application of other measures of influence in cases of patient’s (including athletes) abnormal treatment of their body, influences by parents in cases involving children – in making a decision on circumcision, blood transfusion; in cases involving athletes – in usage of doping. This work characterizes the legislation, doctrinal positions and legal precedent of Germany, Poland, and other countries. The author substantiates the need for further juridization of medical law and advancement of athletic law; offers examples of conflict situations and legal solutions, as well as examines the most pressing political legal factors that affect the criminalization or decriminalization of medical intervention into the physical integrity, citizens’ right to personal decision as a result of religious, ethnic, or other beliefs. A comparison is made of the bans and sanction for violations thereof; analysis is conducted on the requirements and recommendations recognized by the international community, as well as the possibility of using foreign experience in order to address similar issues in Russia.
Keywords:
Doping, Law, Health, Medicine, Circumcision, Patient, Right, Transfusion, Physical integrity, Athlete
Transformation of legal and political systems
Reference:
Khusyainov T.M.
Peculiarities of the legal regulation of telework in Poland
// Law and Politics.
2016. ¹ 1.
P. 61-66.
URL: https://en.nbpublish.com/library_read_article.php?id=52571
Abstract:
This article reviews the legal regulation of telework in the labor legislation of the Republic of Poland. The subject of this research is the processes of establishment of Polish labor law and peculiarities of the implementation of the “Framework Agreement of Telework” passed by the European Union. Despite the rapidly growing interest of modern researches towards new forms of employment, including those based on Internet technologies, there is insufficient research of foreign legislation (especially Polish) and requires close attention of the scholars. Within the framework of this article the author makes the following determinations: peculiarities and level of implementation of the “Framework Agreement of Telework” into Polish labor legislation in comparison to some other member-states of the European Union; comparison of the conceptual apparatus; the basic rights and responsibilities of telework employees and their employers in Poland.
Keywords:
Online employment, Social partnership, Telework, Polish labor law, Freelance, Information society, Atypical employment, Post-industrial society, Distance work, Work from home
Transformation of legal and political systems
Reference:
Bogdan V.V., Kirikova A.A.
Statutory regulation of “religious” certification of halal products in the consumer market in Russia and Kazakhstan: legal developments in the protection of consumer rights in 2014-2015.
// Law and Politics.
2016. ¹ 1.
P. 67-70.
URL: https://en.nbpublish.com/library_read_article.php?id=52572
Abstract:
This article discusses the legal and technical regulations in the sphere of halal products. The trade in halal products has recently expanded in the global market, including the Russian Federation and the Republic of Kazakhstan. The authors have observed the changes in the product labelling in 2015 and elaborated some practical methods for consumers concerned with identifying the “halal” labeled products. They have also looked into issues that may arise in the legal regulation of this sphere. In addition to analyzing the specifics in the products certification (legal and technical regulation), the authors also identify some examples of rights abuses. Recommendations provided and conclusions reached on the subject in question can be essential for a successful trade performance of halal merchandise in the Russian Federation and other countries of the CIS. The implementation of the authors’ proposals can contribute to both, a more effective protection of consumer rights, and have an impact on commercial performers acting in bad faith, as the latter would bear a risk on an equal basis with the state. In case of breaching common rules and regulations, such performers would discredit the religious products made in their countries on the global market.
Keywords:
products, voluntary certification, manufacturer, standardization, technical regulation, adal, halal, quality, safety, protection of consumer rights
International relations: interaction systems
Reference:
Filippov V.R.
French policy in Gabon
// Law and Politics.
2016. ¹ 1.
P. 71-82.
URL: https://en.nbpublish.com/library_read_article.php?id=52573
Abstract:
Using the method of historical reconstruction, the author reveals the essence of the French neo-colonial policies in point of Gabon after the Second World War. Comprehensive analysis of the unrenowned historical sources (materials of judicial and journalistic investigations, evidence of well-known politicians and diplomats) allows you to show the integral reliance of the political elite of this small but oil-rich African country on purely pragmatic interests of the owners of the Élysée Palace. This dependence is stipulated by the need of provision the Fifth Republic with oil and uranium. The methodological foundation consists in the systemic, structural and functional, comparative political approaches, methods of analysis, synthesis, induction, deduction, observation. The author substantiates the conclusion that the mechanism for implementation of this policy is typical of a latent French foreign policy: it consists in creation of corruption schemes, as well as secret agreements between political, military and business elites of the two countries. The Fifth Republic brings to power (and if necessary, keeps in power) independent leaders, who in turn provide the absolute favoritism towards Paris in the economic, political and military cooperation.
Keywords:
interests, democracy, color revolutions, hybrid war, state, France, society, politics, values, Françafrique
International security systems
Reference:
Manoylo A.V.
“Russian Spring” vs “Arab Spring”: Russia’s role in the stabilization of the Syrian conflict
// Law and Politics.
2016. ¹ 1.
P. 83-96.
URL: https://en.nbpublish.com/library_read_article.php?id=52574
Abstract:
This article is dedicated to the research of the civil war in Syria, which broke out as a result of the project of “color revolutions” and “controlled chaos” executed by the United States in the Middle East and North Africa. The article presents a detailed analysis of the goals, tasks, format, and methods of the fight in the Syrian conflict by the Syrian government, as well as those who belong to the irreconcilable “Islamic State” (condemned by the Russian Federation) and the “moderate” opposition. A special attention is given to the role of the United States, Turkey, and the royalty of the Persian Gulf. A separate place is dedicated to Russia’s foreign policy with regards to Syria in the fight against international terrorism within the context of complicated relations with the United States who also conduct their own antiterrorist operation in the region. The author states that it is namely Russia’s participation in the Syrian conflict effectively put the stop to the color revolution of Arab Spring, preserving Syrian statehood, and consequently enabling the Syrian people to choose their own future.
Keywords:
international conflicts, diplomacy, coup d’état, , U.S. foreign policy, world politics, Russia, geopolitics, state, security, color revolutions
XXI century International law
Reference:
Shugurov M.V.
Internationally recognized human rights in the global strategy of sustainable development
// Law and Politics.
2016. ¹ 1.
P. 97-106.
URL: https://en.nbpublish.com/library_read_article.php?id=52575
Abstract:
The subject of this research is the formation of the human rights dimension of the global transition towards sustainable development. The author thoroughly follows the evolution of recognition of the significance of human rights for sustainable development within international documents of strategic nature and international multilateral treaties. Great attention is given to the analysis of the principle of the depth of sustainable development and the imperative character of inclusion of all people without exception. Among the main conclusions of this research is the substantiation of the position that human rights cannot be united only with the social dimension of sustainable development, since they penetrate all aspects of the latter. The scientific novelty consist in the substantiated conclusion with the regards to formation of the fourth dimension of sustainable development, such as support of cultural diversity, which also in turn involves the human rights and liberties in the area of culture into the human rights foundation of sustainable development.
Keywords:
right to development, international cooperation, globalization, international law, human rights, sustainable development, culture, future generations, goals of development, involvement
JUDICIAL POWER
Reference:
Belikova K.M.
Some issues of labor dispute-settlement with participation of a foreign element within the BRICS countries: the example of Brazil and China
// Law and Politics.
2016. ¹ 1.
P. 107-115.
URL: https://en.nbpublish.com/library_read_article.php?id=52576
Abstract:
The article touches upon certain issues of labor dispute-settlement with participation of a foreign element within the BRICS countries on the example of Brazil and China – two countries that have diametrically opposite views on the approaches to such a settlement, while reaching, at times, similar results. The author's attention is concentrated on the litigation and conciliation-arbitration methods of resolving disputes in the context of the court–based and out-of-court (prejudicial) forms of settlement, as well as subjective-objective predetermination of any processes. Scientific novelty of the research is determined by the fact that this work is essentially the first comprehensive and systematic study of the problems of legal framework of labor relations complicated by a foreign element within the BRICS countries in modern conditions. The problems of Russia and foreign member-states of the BRICS - Brazil, India, China and South Africa – have been recently attracting the attention of economists, scientists, and politicians. However, the article contains the results of solving fundamentally different tasks, thus current scientific material and labor laws two of the five BRICS countries have been collected and analyzed in the context of labor dispute-settlement within their legal orders.
Keywords:
out-of-court settlement, BRICS, Brazil, China, Labor law, Foreign element, labor disputes settlement, settlement in court, ILO Conventions, adjudication
Public communications
Reference:
Dunyaeva M.M.
The role and importance of mass media in the modern political processes
// Law and Politics.
2016. ¹ 1.
P. 116-120.
URL: https://en.nbpublish.com/library_read_article.php?id=52577
Abstract:
The subject of this research is the role and place of modern mass media in the political processes. Such position of a question is associated with the fact that today the reach of mass media in the informational-symbolic political field is bigger than ever, which also manifests in the formation and rapid development of communication environment titled “political media-reality”. The practical manifestation of this consists in the fact that the main source of information on political reality comes from mass media, which shape the political perception of the modern individual. As the result of a conducted comprehensive research, the author clarifies such notions as “media”, “media communication”; highlights the peculiarities, conditions, and capability of modern media to affect the political processes. The author substantiates that the modern media space became a weighty political actor and simultaneously an ideal platform for organizing a political discourse.
Keywords:
Information, Mass communication, Media, Media space, Multimedia, Politics, Processes, Modernity, Mass media, Broadcast
Human and state
Reference:
Kirillova L.S.
Limits of the individual contract regulation of employment
// Law and Politics.
2016. ¹ 1.
P. 121-126.
URL: https://en.nbpublish.com/library_read_article.php?id=52578
Abstract:
The goal of this research is to determine the limits of the obligations of the sides of employment according to the individual contracts and work agreements. The relevance this work is justified by the expansion of the dispositional bases of the labor law and increased flexibility in the legal regulation of labor, which in addition to the clearly positive effect can also lead to certain negative consequences. The conducted research allows concluding on the procedure of contract signing between the employer and the employee, requirements as to the format of these agreements, as well as the basis for their execution. Attention is also given to the variety of formulations used by the legislator that affect the procedure of contract signing pertaining to determining its initiator. With regards to the format of the examined acts, it is pointed out that in the cases where the contract represents a legal fact that results in changes to or termination of employment, it is a byproduct of the employment contract, and thus must correspond with its format.
Keywords:
Employment, Employee, Employer, Individual contract regulation, Employment contract, Agreement, Limits, Anti-discrimination law, Vexatious litigation, Labor rights
Human and environment
Reference:
Uage M.B.
Comparative law peculiarities of the institution of comprehensive natural resource management in the Russian Federation and abroad
// Law and Politics.
2016. ¹ 1.
P. 127-135.
URL: https://en.nbpublish.com/library_read_article.php?id=52579
Abstract:
This article examines the experience of the Russian Federation and foreign countries in the area of comprehensive natural resource management. It is noted that the current system of licensing for natural resource management in the Russian Federation has a number of flaws. Firstly – federal, regional, and local level of licensing for natural resource management is conducted by separate branches of executive power, each of which presents their own requirements. Secondly, there are no unified requirements for the applicants. Thirdly, the lack of a comprehensive approach in the cases where the licensed activity affects other natural objects than those licensed for use. The scientific novelty consists in original comparative-legal analysis of the institution of comprehensive natural resource management that existed in Russia until 2002, and the new institution introduced on January 1, 2015 in accordance with the Federal Law from 07.21.2014 No. 219 “On Introduction of Amendments to the Federal Law “On Environmental Protection” and separate legal acts of the Russian Federation”.
Keywords:
Natural resource management, Comprehensive environmental license, Best available technologies, Environmental protection, Environmental legislation, EU legislation, Environmental requirements, Industrial environmental control, Environmental policy, Technical legislative base
History of state and law
Reference:
Pyl'tsina M.V.
The issue of establishment of the Ministry of Agriculture and State Property in Russia
// Law and Politics.
2016. ¹ 1.
P. 136-140.
URL: https://en.nbpublish.com/library_read_article.php?id=52580
Abstract:
The 2014 marks the 120th anniversary of the establishment of the first autonomous agricultural department in Russia – the Ministry of Agriculture and State Property. The subject of this research is the organizational-legal and theoretical aspects of establishment of this Ministry, which in the XIX century undergone several historical stages of its formation. The author emphasizes that for a prolonged period of time the management of agriculture was not recognized as an independent branch of government administration. The issue of agricultural modernization was never more pressing than during the years of agrarian crises. The scientific novelty of this research consists in the analysis of the various approaches and reform projects of the administrative agricultural system, the uniting foundation of which was the common goal – establishment of the Ministry of Agriculture. A conclusion is made that this department has been viewed as one of the components of the mechanism of legal regulation of the agricultural activity at the end of XIX and beginning of XX century, a guarantee of a unified nationwide policy in the area of agriculture.
Keywords:
Law, History, Agriculture, Ministry of Agriculture, Agricultural policy, Administrative reform, Agricultural projects, Agricultural administration, Agricultural committee, Agricultural commission
History of state and law
Reference:
Bondarenko E.Yu.
International-legal and political consequences of the internment of the Japanese prisoners of war in the Far East of the USSR (1945-1956)
// Law and Politics.
2016. ¹ 1.
P. 141-148.
URL: https://en.nbpublish.com/library_read_article.php?id=52581
Abstract:
The subject of this research is the regime of war imprisonment and the relations of the Japanese prisoners of war with the authorities of the USSR in the period from September of 1945 to December of 1956, to which the troops of the Kwantung Army were subjected after the World War II. The presence of Japanese prisoners of war in the Far East of the USSR during the period in question is one of the key facets of the comprehensive study of the issue of foreign POW’s in the Far East of Russia in the XX century. Referring to this topic on the 70th anniversary of the USSR’s victory over the militarist Japan is supported by the introduction of new documents and materials on this topic that was not previously available to the researchers. The scientific novelty is substantiated by the systemic research of the issue of the POW’s in the Far East of the USSR, and also consists in the introduction of new documents and materials on this topic. The author investigates the international legal aspects of the war imprisonment in the Far East, and determines the specificity of the USSR’s policy with regards to prisoners of war.
Keywords:
Internment of Japanese POW’s, Repatriation of Japanese POW’s, Russian Far East, Khabarovsk International Tribunal, Victory over Japan, Organization of war camps, Japanese war criminals, War imprisonment, Treaties on prisoners of war, Modern solution
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