State institutions and legal systems
Reference:
Karpovich O.G.
Characteristics of the modern North American federalism (on the example of the United States)
// Law and Politics.
2016. ¹ 2.
P. 158-166.
URL: https://en.nbpublish.com/library_read_article.php?id=52582
Abstract:
This article is dedicated to the characteristics of the formation and the analysis of the state of the modern model of federalism in the United States of America. The object of this research is the U. S. federalism, which are the form of the government structure of the current United States, as well as the political and historical trends and regularities of the formation of the modern (so-called “competitive”) model of federal government in the U. S. The subject of this research is the forms, methods, and instruments of establishment of federal relations in the United States at the present stage. The goal is to determine the characteristics of the formation and the key aspect of the modern model of the North American federalism. The author pays attention to the fact that the federalism model of the current United States is the result of a long evolution of various ideas and concepts of organization of a complex society. It is the United State that gave the world the four classic concepts of federalism: dualistic, cooperative, technocratic, and competitive, which became the standard for federal structuring in many countries of the world. The modern federalism model in the United States, which represents a new stage in development and modernization of the competitive federalism model, undoubtedly has its flaws and contradictions. But namely the special qualities of this model ensure a determined establishment of U. S. national interests throughout the world and are the foundation of their soft and smart power.
Keywords:
diplomacy, international relations, U. S. foreign policy, world politics, society, political system, interests, state, security, USA
State institutions and legal systems
Reference:
Litovkina M.I., Kolesnikov E.V.
Right to protection of health and medical aid in the Russian Federation as a constitutional value
// Law and Politics.
2016. ¹ 2.
P. 167-177.
URL: https://en.nbpublish.com/library_read_article.php?id=52583
Abstract:
In this article the authors substantiate the axiological importance of the right to protection of health and medical aid by its complex nature, as it pertains to the right to life, favorable environment and others. In addition to that, the value nature of this right consists not only in the protection of such indefeasible benefit as health, but also in creation of conditions for exercising basic rights to free development and a worthy life. Campaigns and programs on protection and restoration of individual and public health are the obligations of both, the state and individual. The scientific novelty of this work consists in exploration of the value aspects of this right, which are not sufficiently analyzed within the juridical science, from the position of modern research and relevant conditions for social reforms. This approach towards the study of constitutional right to protection of health and medical aid is necessary in order to determine new regularities of development of the Russian legislation in this area.
Keywords:
personal dignity, legislation, state, social value, legal value, consitiutional value, constitutional right, worthy life, health protection, welfare
Transformation of legal and political systems
Reference:
Ursul A.D., Kalyuzhnaya D.E.
Global administration and sustainable development: political aspect of the issue
// Law and Politics.
2016. ¹ 2.
P. 178-197.
URL: https://en.nbpublish.com/library_read_article.php?id=52584
Abstract:
Global administration for sustainable development is being explored as a global political process, the course of which is aimed at a targeted formation and realization of mechanisms of transfer of the administrative authority to a global level, capable of effectively resolving global issues and inclusion of global processes into the strategy of survival of humanity. Sustainable development means global strategy of solution to the global socio-natural contradiction between the growing consumption and the inability of the biosphere to meet this demand, and in a more general case, as a safer form of self-organization of the civilization. In the current political reality, there is only a place for the processes of regulation, which characterize the function of elemental establishment of a global order through the structure of cooperation between transnational and global actors. We are yet to be able to speak about global administration as a realistic and efficiently implemented function of global civilization. The authors formulate the core characteristics of the future global administration as the key global social function and political civilizational project on the path of transitioning the humanity towards sustainable development.
Keywords:
Globalization, Global threat, Global processes, Global order, Global regulation, Global administration, International system, World politics, Socio-natural contradiction, Sustainable development
Transformation of legal and political systems
Reference:
Zalivin K.Yu.
Priority rights in the Russian civil law: history, trends of development, current state
// Law and Politics.
2016. ¹ 2.
P. 198-203.
URL: https://en.nbpublish.com/library_read_article.php?id=52585
Abstract:
The subject of this research is the civil legal regulation of priority rights within the historical-legal and theoretical-legal aspects on the examples of Russian legislation of the corresponding periods on the part of determination of the subject of such rights, their essence, development trends, and continuity of regulation. The author carefully examines the cases where the acting civil legislation can deviate from the principle of equality, granting priority rights to some parties of the civil process, and giving them legal advantage over others. A special attention is given to the priority rights in the context of development of corporate law, as well as to the detected trend of evolution of the legal regulation of priority rights as one that is taken out of the rest of the law – from class privileges, which gave subjects exclusive position (imperial period), to rights of priority purchase and order of its realization (during the Soviet period). The contemporary priority rights are classified by two groups: signing a contract, and purchase (acquisition).
Keywords:
property turnover, right of ownership, Russian Empire, property, privileges, civil law, law, priority, circulation, civil-legal regulation
Transformation of legal and political systems
Reference:
Drugov Ya.A.
Administrative code of the Irkutsk Oblast: possible result of systematization of legislation on administrative responsibility
// Law and Politics.
2016. ¹ 2.
P. 204-208.
URL: https://en.nbpublish.com/library_read_article.php?id=52586
Abstract:
This article examines the current state of the legislation in the area of regulation of responsibility for administrative offences in the Irkutsk Oblast. According to the legal information system ConsultantPlus there have been over 60 new laws passed in the Irkutsk Oblast, which leads to difficulties in legal application. The article explores the experience of other constituents of the Russian Federation and foreign nations in the issues of codification of normative acts in the area of responsibility for administrative offences, as well as presents recommendations for codification of said normative acts in the Irkutsk Oblast. The author conducts a legal comparative analysis with the legislations of other constituents of the Russian Federation and foreign countries. The Irkutsk Oblast currently does not have a codified normative legal act in the area of responsibility for administrative offences, while has the necessary prerequisites for its passing.
Keywords:
inevitability of punishment, systematization of law, code, administrative responsibility, administrative offense, Irkutsk Oblast, law, codification, environment, legislative process
Law and order
Reference:
Shakhbazyan S.V.
Criminal law and criminal procedure aspects of the application of Part 6 of the Article 15 of the Criminal Code of the Russian Federation
// Law and Politics.
2016. ¹ 2.
P. 209-217.
URL: https://en.nbpublish.com/library_read_article.php?id=52587
Abstract:
This article examines the criminal law and criminal procedure aspects of the application of Part 6 of the Article 15 of the CCRF. The author carefully examines such aspects as consequences of the conciliation of parties in the case of changing the category of a crime; application of the positions from Article 11 of the CCRF in cases of changes in the category of a crime; limits of the authority of the cassation court during implementation of Part 6 of the Article 15 of the CCRF; changes to the category of a crime during criminal hearing in accordance with Chapter 40.1 of the Criminal Procedural Code and during execution of the verdict, and the issue of changes to the category of a crime should be resolved via cassation or supervisory method. The main conclusion of the research is the fact that due to the application of the Criminal law and criminal procedure aspects of the application of Part 6 of the Article 15 of the Criminal Code of the Russian Federation arises a number of criminal law and criminal procedure issues, which can produce corruption in the work of the courts during the assessment of the gravity of a crime. Criminal law and criminal procedure aspects of the application of Part 6 of the Article 15 of the CCRF expands the boundaries of the principle of judicial discretion and defines a dispositional regulation of the criminal legal relations.
Keywords:
court of cassation, reconciliation of parties, convict, suspended sentence, factual circumstances, correctional institution, probationary early release, judicial discretion, crime category, criminal record
Law and order
Reference:
Pozharskiy A.Yu.
Threats to the safety of mass transit and their reflection in the legislation and criminal legal doctrine
// Law and Politics.
2016. ¹ 2.
P. 218-228.
URL: https://en.nbpublish.com/library_read_article.php?id=52588
Abstract:
The subject of this research is the threats to the safety of the functionality of mass transit and their reflection in the legislation and criminal legal doctrine that are considered debatable in the theory of criminal law. The author carefully examines the threats aimed at: 1) safety of movement or use of transit or means of transportation; 2) execution of work that ensures safety of the transportation in general; 3) conditions that ensure safe functionality of transport: a) verifying that the requirements are met for ensuring safety at the objects of transportation infrastructure; b) inspection of construction and maintenance of the transportation vehicles; c) checking for transportation vehicles with technical issues; d) inspecting the state of transportation infrastructure; e) monitoring violation of rules of use of the airspace. The scientific novelty consists in the fact that based on the mechanism of the corresponding violations, the author highlights the threats to the safety of the functionality of all means of transportation and performs classification of the norms on transportation crimes provided by the Criminal Code of the Russian Federation, including the norms that ensure safety of movement or use of transportation – Article 263 (excluding employee’s refusal to perform their work duties), 264, 268, 269 (including use of mainlines), and others.
Keywords:
Transportation, Transportation safety, Security threats, Classification of threats, Criminal legal norms, Classification of norms, Legal gaps, Elimination of gaps, Reflection of threats, Mass transit
International security systems
Reference:
Manoylo A.V.
The volunteer factor in global policy and prospects of development of volunteer movement in Russia
// Law and Politics.
2016. ¹ 2.
P. 229-238.
URL: https://en.nbpublish.com/library_read_article.php?id=52589
Abstract:
The object of this study is volunteering as a socio-political phenomenon and as a factor influencing the global political process, the evolution of local armed conflicts and small wars. The subject of this study is the trends and patterns of the evolution of the role of volunteerism and volunteer movement in opposition to punitive force. The author draws attention to the fact that over the past few decades, the Russian volunteer movement convincingly proven effective in numerous small wars, local armed conflicts and peacekeeping operations.
The methodological basis of the research is a systemic, structural and functional, comparative political approaches, methods of analysis, synthesis, induction, deduction, observation.
High morale of the volunteers, their ideological, moral of values motivation allow us to speak about their high combat value, especially in reconnaissance and sabotage, guerrilla and civil wars, where relatively small, but well-coordinated teams of volunteers are able to withstand the far superior punitive forces. High resistance of volunteers manifested in the defense leads to the fact that the wars with their participation become especially intense, the pressure of which is usually unsustainable by the punitive forces; initiative in the offensive and willingness to sacrifice makes assault troops of volunteers essential in breaching fortified enemy positions, as well as raids deep into their base.
Keywords:
interests, democracy, color revolutions, hybrid war, state, science, society, politics, values, security
XXI century International law
Reference:
Zavorina Yu.A.
The concept of sustainable development and its implementation within international law
// Law and Politics.
2016. ¹ 2.
P. 239-247.
URL: https://en.nbpublish.com/library_read_article.php?id=52590
Abstract:
The subject of this research is the features of implementation of the key idea of the concept of sustainable development within international law – integration of economic development and protection of the environment. The work presents such aspects of the topic as correlation of the right of states to development with the need to consider the interests of environmental protection, and anthropocentrism of the concept of sustainable development. The author carefully examines the elements of sustainable development within the norms of international law of various branches and establishes the lack of state responsibility to ensure the integration of economic and environmental interests during the course of exercising their right to development. The author’s contribution to the research of this topic is the systemic examination of international instruments in the area of sustainable development and determination of factors of political legal nature, which impede the realization of ideas for sustainable development on the international law level. The author notes that the disagreement between the concept and how it is implemented within international law plays an important role in achieving a balance between two competing components of sustainable development. The article explores the possible ways of bringing together the main idea of the concept and its international legal content.
Keywords:
anthropocentrism, environmental protection, international agreements, national sovereignty, Rio-de-Janeiro Declaration, economic development, international law, concept of sustainable development, human rights, prospects of sustainable development
JUDICIAL POWER
Reference:
Nasonov S.A.
Disagreement with the guilty jury verdict: comparative law and theoretical methods.
// Law and Politics.
2016. ¹ 2.
P. 248-253.
URL: https://en.nbpublish.com/library_read_article.php?id=52591
Abstract:
The article is devoted to possibilities of the disagreement of the professional judge (or a chamber) with a guilty verdict of the jury and procedural mechanisms of realization of such disagreement.The article discusses three procedural models of realization of disagreement of the professional judge with a guilty verdict of the jury: the abolishment of the verdict by a chief judge (or a chamber); the adherence of a chamber of professional judges to the minority of jurors; the annulment of the verdict in the Court of Appeal.The first model is characterized by the ability of a chief judge to cancel the jury's verdict and give a sentence contrary to it (the Anglo-American procedure in the jury trial) or discharge the jury and begin the process again (continental process).The second model is enshrined in Belgian legislation and alleges the possibility of summing up votes of professional judges with the minority of jurors (who voted for acquit) and give an acquittal verdict by a simple majority of votes. The author believes that this procedure is a guarantee following from the presumption of innocence.The third model of a disagreement with a guilty verdict of the jury arises from specifics of an appeal in countries with Anglo-Saxon type of criminal proceeding, allowing the abolition of a guilty verdict on certain foundations. The author examines the legislative regulation of the possibility of disagreement of the presiding judge with a guilty verdict according to the CPC of the Russian Federation and certain problems arising in the judicial practice.
Keywords:
jurors, jury verdict, incontestability of the verdict, chief judge, sentence, acquittal verdict, guilty verdict, acquittal sentence, abolishment of the verdict, judgment
Conflict: tools of stabilization
Reference:
Belikova K.M.
Labour dispute-settlement with participation of a foreign element within the BRICS coun-tries: the example of Russia, India and South Africa
// Law and Politics.
2016. ¹ 2.
P. 254-261.
URL: https://en.nbpublish.com/library_read_article.php?id=52592
Abstract:
The article touches upon certain issues of labour dispute-settlement with participation of a foreign element within the BRICS countries on the example of Russia, India and SAR, and continues the study, initiated in the article “Some issues of labour dispute-settlement with participation of a foreign element within the BRICS countries: the example of Brazil and China” (Law and Politics, 2015). 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.This work is done with the use of the following scientific methods: systemic analysis and synthesis of normative acts and practical materials, formal and dialectical logic: analysis, synthesis, induction, deduction, hypothesis, analogy, and special methods of legal studies – comparative legal and historical-legal, systemic analysis and interpretation of legal norms.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 countries-participants of the BRICS - Brazil, India, China and South Africa – have been recently attracting the attention of economists, scientists, politicians. However, the article contains the results of solving fundamentally different tasks, thus current scientific material and labour laws two of the five BRICS countries have been collected and analyzed in the context of labour dispute-settlement within their legal orders.
Keywords:
settlement in court, foreign element, labor law, SAR, India, Russia, BRICS, out-of-court settlement, ILO Conventions, adjudication
Practical law manual
Reference:
Zagvozdkin N.N.
Identification of defendant: criminal-procedural, criminalistics, and other aspects
// Law and Politics.
2016. ¹ 2.
P. 262-271.
URL: https://en.nbpublish.com/library_read_article.php?id=52593
Abstract:
The subject of this research is the theoretical, legal-normative and practical aspects of identifying the defendant in the course of criminal procedure. The goals of this work are as follows: 1) to determine the interdepartmental collisions of the norms of criminal-procedural, detective-investigative, and other legislation that regulates the establishment of identity of the defendant: 2) to identify the problems of the investigative and prosecutorial practice of application of these norms; 3) to propose possible solutions by both, the changes to the current federal legislation, as well as improvements to the detective, investigative, and court practice. The novelty of the acquired results consists in the interdepartmental and interdisciplinary approach to the issue of establishing the identity of the defendant. The conclusions are formulated in form of the following proposals: 1) the terms “verifying the identity” and “establishing identity” used in various laws and other legal acts must be clearly demarcated; 2) the first procedure represents a visual verification of documents that establish person’s identity; 3) establishing the identity means a complex of actions aimed at identification of the individual in case of absence of required documents and person’s refusal to provide their personal identification information or in case of suspicion as to validity of the information provided.
Keywords:
limits of proof, subject of proof, suspect, defendant, Interdepartmental collisions, identity, identification, investigator, Verifying personal identification, Establishing identity
Legal and political thought
Reference:
Ruvinskiy R.Z.
Between legal order and the state of nature
// Law and Politics.
2016. ¹ 2.
P. 272-280.
URL: https://en.nbpublish.com/library_read_article.php?id=52594
Abstract:
This article presents an attempt to re-actualize the concept of “state of nature” used in the work of the modern era thinkers. The article is divided into a brief introduction and two parts. The first part addresses the political-legal concept of the “state of nature”, its origin and semantic content. A special accent is made on the connection between the notion of “state of nature” and “the war of all against all”. The author assesses the possibility of using said concepts to describe the present and the future situation in the world. The second part is dedicated to the description of the crisis state of the social, political, and legal orders of the early XXI century. The notion of “global crisis” of the modern society is being introduced, giving characteristics and description to the key causes of this state. The author analyzes the peculiarities of the society of the modern global crisis, noting the trend towards decomposition and failure of the previous, customary political-legal forms and institutions. For the first time in the Russian theoretical-legal science the modern state of the international and national orders is compared to seemingly outdated concept of the “state of nature”. In the context of the research issues at hand, the views of the philosopher Jean-Jacques Rousseau of the state of nature of the society is being examined from a different perspective.
Keywords:
sovereignty, law, instability, crisis, state, war, anarchy, Rousseau, Hobbes, state of exception
Legal and political thought
Reference:
Solionov A.V.
Evolution of Pyotr Tkachev’s assessment of the potential of mass legal awareness among the Russian peasantry
// Law and Politics.
2016. ¹ 2.
P. 281-286.
URL: https://en.nbpublish.com/library_read_article.php?id=52595
Abstract:
This article analyzes the early publications of Pyotr Tkachev, a prominent representative of the people’s movement, written by him during the 1860’s in the period of “Great Reforms” dedicated to the issues of law. The subject of this research is the regularities of the genesis and evolution of the thinker’s assessment of the potential of the mass peasantry legal awareness. The author substantiates the fact of the gradual evolution of his outlooks upon this issue and highlights the final point of this process, which testifies that he completely reevaluated his earlier positions; an attempt is also made to explain the root causes for such substantial metamorphoses. The main conclusion of this research is the thesis that the revolutionary’s publications dedicated to the participation of the public element in the jury trial greatly differ between those published before and after 1865. In author’s opinion, namely Tkachev’s complete resolution of this issue has served as the foundation for the political doctrine created by him during emigration in the 1870’s, which rejected the active role of the masses in both, the political and social revolution in favor of a small group of ideological revolutionaries.
Keywords:
authority, Pyotr Tkachev, narodniks, judicial reform, legal awareness, magistrates court, jury trial, feudal culture, society, history
Jurisprudence
Reference:
Stepanenko R.F.
Ethnomethodological practices within the doctrine of legal policy: general theoretical issues
// Law and Politics.
2016. ¹ 2.
P. 287-295.
URL: https://en.nbpublish.com/library_read_article.php?id=52596
Abstract:
The subject of this research is the peculiarities and regularities of the organization and acquisition of knowledge on formation of such independent vectors of legal policies as ethno- and geo- politics. This work substantiates the need for interdisciplinary scientific communications of Russian and foreign areas of humanitarian and natural-humanitarian knowledge, as well as cooperation of lawmaking and law-enforcement areas in realization of these vectors. Attention is also given to the differentiation of the levels of theoretical research that lies in the foundation of their typologization on the mega- and metatheory. The author concludes that it is important for the international legal science to study the cooperation of various (Russian and foreign) subjects of legal relations in the area of legal policy as a whole, based on the specificity of their legal systems and national legislation. A significant role in cognition of the presented general humanitarian issues belongs to synergetic jurisprudence.
Keywords:
ethnomethodology, legal Ethnopolitics, legal marginality, legal policy, interdisciplinarity, multidisciplinary approach, synergetic jurisprudence, legal geopolitics, legal research policy, legal education policy