Theory
Reference:
Bakharev D.V.
Spatial thinking in criminology. Part II. Methodology of spatial analysis of the socioeconomic development of Russian regions
// Law and Politics.
2016. ¹ 4.
P. 434-440.
URL: https://en.nbpublish.com/library_read_article.php?id=52611
Abstract:
The object of this research is the capabilities and prospects of the application of the achievements of spatial science in criminological research. The subject of this research is the methodology of spatial analysis of the socioeconomic development of Russian regions, which in turn is the primary stage of research in the area of spatial analysis of the causes of crime. The article presents the sequence of actions at this stage, describes the logical model of development of the socioeconomic processes in the space of a separate region, as well as criteria for the evaluation of the level of success of the functionality of the regional socioeconomic system. The scientific novelty consists in devising the methodology of spatial analysis of the socioeconomic development of Russian regions, which is in turn based on the general theoretical-methodological platform of the spatial analysis of the socioeconomic events and processes, including crime. The author substantiates the hypothesis that the level of success of the socioeconomic development of any particular territory that is assessed from the perspective of the analysis of the data on the level and dynamics of economic development of a region, rate of reproduction of its demographic base, quality of the health of its population, as well as the quality of the population as a whole (level of education, etc.), is determined by the vector and intensiveness of the “center-periphery” processes on one hand, and the level of the clarity of the process of compression of social space on the other.
Keywords:
Settlement structure, Economic-geographical position, Systemic approach, Socioeconomic development, Region, Spatial analysis, Causes of crime, Infrastructure, Economic structure, Compression of social space
State institutions and legal systems
Reference:
Zhanuzakova L.T.
Authority of the President of the Republic of Kazakhstan in the legislative sphere
// Law and Politics.
2016. ¹ 4.
P. 441-448.
URL: https://en.nbpublish.com/library_read_article.php?id=52612
Abstract:
This article explores the right in the legislative and constitutional initiative of the President of the Republic of Kazakhstan, the right to sign laws passed by the Parliament and object to them (the right to veto), president’s legislative authority in the cases established by the constitutions, and the right to give legislative orders to the Government. Analysis is conducted on the institution of countersignature in the legislation of the Republic regarding laws passed by the Parliament and signed by the President, presidential decrees issued by the initiative of the Government, as well as other means of influence upon the legislative process by the head of state. Introduction of the concept of “legislative act” allows him to introduce into Parliament not only legislative bills, but also Parliamentary and Chambers decrees that are in fact by-laws. This is in essence an infringement upon the competency of the highest representative branch on organization of its activity. The President of the republic is the only subject who can directly realize the right of the constitutional initiative: by introduction of an amendment bill into the Constitution in the Parliament or at the republic referendum. The Parliament and the Government exercise this right indirectly – through the President. Study of the President’s authority with regards to passing legislative acts revealed that the need for preserving this institution is no longer necessary, due to formation of professional Parliament, expansion of its authority, the right of the head of state to introduce legislative initiative, and other means of influencing the legislative process. The author makes recommendations on improving the Constitutional law.
Keywords:
Parliament, authority, legislative act, legislative initiative, law, delegation, veto, President, referendum, Constitution
State security
Reference:
Karpovich O.G.
Separatism and separatist movements in the modern world (on the example of Belgium and Great Britain): comparative analysis
// Law and Politics.
2016. ¹ 4.
P. 449-457.
URL: https://en.nbpublish.com/library_read_article.php?id=52613
Abstract:
This article is dedicated to research on separatism in Belgium and Great Britain at the present stage. The goal of this work is to conduct a comparative analysis on the political analysis of the forms and manifestations of separatism in Belgium and Great Britain. The article presents the analysis of the causes of the emergence, historical prerequisites of separatist movements in Belgium and Great Britain, peculiarities of development, structure of separatist movements, and on this basis, the author determines the general and specific features as well as the characteristic traits of the types of separatism that are developing in the aforementioned countries. The subject of this research is separatism as a special political phenomenon, while selection of Great Britain and Belgium as the object of the research is associated with the fact that namely these countries have the constitutional-monarchical governing system. Existence of various separatist movements in the modern Europe, which promote ideas of division of the European states, usually based on national heritage (UK with the issues of Ireland and Scotland, Spain with the Catalonia issue, Belgium with the problem of constant crisis in relations between Walloons and Flemings, etc.) allow to conduct a comparative historical and comparative political research, where the comparative paradigm is the main methodology.
Keywords:
political regime, sociopolitical processes, global instability, world politics, separatism, political system, interests, state, sequrity, risks
International security systems
Reference:
Kostenko N.I.
On the issues of the concept of international terrorism in within the unified comprehensive UN convention “On international terrorism”
// Law and Politics.
2016. ¹ 4.
P. 458-469.
URL: https://en.nbpublish.com/library_read_article.php?id=52614
Abstract:
The subject of this research is the state of international law pertaining to definition (concept) of international terrorism, i.e. the subject comprises the combination of international legal norms associated with development and passing of a unified comprehensive UN convention on international terrorism. The object of this research is a complex and complete analysis of the most important theoretical issues in the area of fight against international terrorism as an international crime, establishment of the means of resolution of these problems, as well as contribution to the formation of legal definition of international terrorism and its composition as an international crime within a comprehensive convention on international terrorism. Since 1937 the global community has not set the definition (concept) of international terrorism that would contribute to activation of the fight against international terrorism.
Keywords:
International terrorism, challenge, third millennium, threats, convention, crime, terrorist activity, international cooperation, comprehensive convention, definition
Stabilization systems: government control
Reference:
Logvinenko V.D., Korchagin A.G.
Competition law of South Korea: antimonopoly legislation and its key positions (comparative analysis)
// Law and Politics.
2016. ¹ 4.
P. 470-478.
URL: https://en.nbpublish.com/library_read_article.php?id=52615
Abstract:
This article is dedicated to the characterization of the competition legislation in South Korea, as well as the new positions in the Fair Trade Act, effective implementation of which has produced significant impact upon the rapid economic development in the nation. A special attention is given to the positions on regulation of the activities of industries that hold dominant positions in the market, acts aimed at limiting competition, as well as responsibility for violation of the antimonopoly laws. This work also examines the South Korean exclusive chaebol companies. The scientific novelty of this research consists in the comparison of the South Korean law and the law of the Russian Federation and the search for similar features between these two economically different countries. The rapid development of all spheres of life on the Korean population within extremely short period of time for such process (less than 50 years) forces researchers to study new directions of policy in this country and its mechanisms for legal regulation. Especially interesting is the existence of similar positions in the antimonopoly legislation of the countries in question, which allows us to understand in combination with which norms these positions act most efficiently.
Keywords:
Chaebol, antitrust authorities, cartel, dominant position, limitation of competition, antimonopoly policy, South Korean law, Competition Law, responsbility, comparative analysis
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Agapov I.O.
The UE transparency register: current state and prospects for development
// Law and Politics.
2016. ¹ 4.
P. 479-483.
URL: https://en.nbpublish.com/library_read_article.php?id=52616
Abstract:
The subject of this research is the system of voluntary registration of organizations and sole proprietors engaged in development and realization of the EU policy and working with the European Parliament and the European Commission. The author examines the principles of registration of lobbyists, the structure and sphere of activity of the transparency register, the rules applied towards registrants, measures of encouragement of registration, as well as measures implemented for violations of the code of conduct, contained in the current interinstitutional agreement in comparison to its predecessor. The author analyzes the legal acts passed by the European Parliament and European Commission aimed at regulation of relations between the special interests representatives and EU officials. The scientific novelty of this research consists in the fact that the interinstitutional agreement, passed by the European Parliament on April 15 of 2014, has not been the subject of study of Russian researchers until now. At the same time, the positions contained within this agreement, as well as opinions and comments of interested parties in the regulation of lobbying on the EU level, testifies to the gradual shift of the European means of regulation of these relations towards the American model, the embodiment of which is the American Lobbying Disclosure Act.
Keywords:
Interinstitutional agreement, lobbyist, special interests representative, interested party, lobbying, European Commission, European Parliament, European Union, transparency register, code of conduct
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Belikova K.M.
Structuring a system of contractual associations engaged in business activities in the BRICS countries
// Law and Politics.
2016. ¹ 4.
P. 484-497.
URL: https://en.nbpublish.com/library_read_article.php?id=52617
Abstract:
The subject of this research is the corporate laws of the BRICS countries. The problematics of this association in Brazil, Russia, India, China, and South Africa lately attracts a higher number of financial experts, scholars, and politicians. But this article contains results of a solution to a principally different issue. Having compiled and analyzed modern scientific material and current corporate legislation of the BRICS countries in the area of corporate contractual associations, the author carefully examines such aspects of the topic as the functionality and order of general and limited partnerships in the countries in question. The scientific novelty of this research is defined by the fact that this work in essence represents a first diverse, systemic and comprehensive research of the issues of legal regulation of the activities of contractual forms of business within the BRICS countries, conducted using modern scientific legal material, including materials from law enforcement.
Keywords:
contractual associations, Brazil, China, SAR, India, Russia, BRICS, business, partnership, limited partnership
XXI century International law
Reference:
Savryga K.P.
War on terror as an armed conflict: de lege lata and de lege ferenda
// Law and Politics.
2016. ¹ 4.
P. 498-514.
URL: https://en.nbpublish.com/library_read_article.php?id=52618
Abstract:
In the modern world many nations face the serious threat of terrorism. Today, the terrorist organizations often represent a more powerful force than few decades ago, and many of them currently (for example the so-called Islamic State or ISIS) possess military capabilities comparable to some countries, which poses before the global community a question of allowance of application of the paradigm of an armed conflict to the relations on the fight with the aforementioned terrorists, as it gives the state greater freedom of using force against the enemy than the paradigm of human rights. The author studies various doctrinal approaches that characterize war on terror as the third form of armed conflict. In the end, the author concludes that the de lege lata war on terror cannot be considered an armed conflict, since for an international armed conflict the terrorist organization lacks corporate personhood, and for non-international military conflict, the violence that is caused by the terrorist organizations usually does not meet the criteria of intensity (even though there are some exceptions).
Keywords:
international humanitarian law, armed conflict, international armed conflict, non-international armed conflict, law of armed conlfict, terrorism, war on terror, international law, non-state actors, state responsibility
Public communications
Reference:
Balynin I.V.
Assessment of the political culture of the young generation in the Russian Federation (based on the research findings for 2012-2015)
// Law and Politics.
2016. ¹ 4.
P. 515-523.
URL: https://en.nbpublish.com/library_read_article.php?id=52619
Abstract:
The author examines in detail the typology of the political cultures of G. Almond and S. Verba, and presents the content of a survey developed on its basis, consisting of 14 open and closed questions.
Particular attention is given to the results of the survey (April 2012, October 2013, November 2014 and February 2015) of the young generation of modern Russia on the basis of original survey to determine the typology of political culture of G. Almond and S. Verba.
The methodological framework consists of the following methods: surveys in the form of a questionnaire, a comparative, quantitative and critical analysis; synthesis, generalization, classification, historical and logical methods, as well as a graphical method (table) for visual display of the results of the study.
The conducted survey of the Russian youth in 2012-2015, based on the developed questionnaire, revealed that the younger generation of modern Russia has inherent patriarchal and loyal traits. The study of the political culture has shown that today's youth is not indifferent towards the future of Russia and the political process. Many young people see themselves as active participants in these processes, understand the importance of active political position, but some underestimate the inherent rationality and responsibility.
Based on the results of this research, the author proposes measures aimed at developing the Russian youth political culture of participation, and increasing its electoral activity. At the same time, it is necessary to consolidate efforts of family, state, municipal authorities, and civil society with the use of modern information technologies and means of communication, taking into account the international experience, the historical development of the Russian state, as well as the interests and initiatives of young people.
Keywords:
political parties, youth, electoral activity, elections, culture of participation, civil society, political culture, electoral process, suffrage, youth policy
Human and state
Reference:
Abaturov A.I.
Labor as a condition for early release on parole
// Law and Politics.
2016. ¹ 4.
P. 524-528.
URL: https://en.nbpublish.com/library_read_article.php?id=52620
Abstract:
The subject of this research is the public relations emerging in the process of putting individuals to work in the correctional facilities. The author carefully examines the relevant issues associated with assignment of work to the inmates serving a sentence in correctional facilities, analyzes additional qualities of labor that increase the correctional process to such extent that it could be used as a motivation for early release. The author retrospectively expounds the legislative initiatives of the Soviet state authorities on stimulation of the inmates towards high productivity by offering early release. In order to receive accurate results and substantiate them, the author used the method of historical analysis. The scientific novelty consists in the fact that this work has theoretical and applied significance in the area of organization of the work of correctional officers in stimulation of inmates towards public benefitting work. For this purpose, the work retrospectively analyzes the process of establishment of the institution of early release of inmates from correctional facilities and the experience of calculation of work hours.
Keywords:
correction officer, criminal penalties, correctional facility, inmate, correction, work, early release, penal code, criminal code, labor camps
Human and state
Reference:
Sushkova Yu.N.
Legal framework of the self-governance of the indigenous people of Canada
// Law and Politics.
2016. ¹ 4.
P. 529-539.
URL: https://en.nbpublish.com/library_read_article.php?id=52621
Abstract:
The author considers in detail aspects such topics as the history of the struggle of the Canadian aborigines for political rights, evolution, and contemporary models of their self-government system. Special attention is given to the analysis of constitutional framework on self-governance, as well as judicial practice in this sphere. The author discusses the problem of legal recognition of aboriginal rights, based on the fact of first settlement, and, above all, ownership of land and self-governance. The subject of this research includes the study of provisions of the Indian act (1951), according to which the indigenous people were given the right to self-governance through community councils, and division of Indians into the "status-holding" and "non-status". Analysis of the most significant aspects of the legal framework of self-governance of aboriginal peoples in Canada was conducted on the basis of historical, formal-legal, comparative legal methods of scientific research. The main conclusion of this research is the proposition that the aboriginal peoples of Canada are considering self-government and self-determination as a continuation of the system of rights that ensure their livelihoods as a special group. International law and Canadian law must recognize the right to self-governance. The negotiations on self-government in Canada led to the conclusion of several agreements, some of which have constitutional protection and other acts. Various aboriginal groups practice the system of self-government in various forms. For many First Nations government means the ability to make law, which can adjust the Canadian federal and provincial law. The Canadian government partially recognizes the self-government as the legal ability of the community to provide services.
Keywords:
First nations, self-governance, Canada, Indians, native, constitutional basis, Indian policy, aboriginal law, self-administration, aboriginals
Human and state
Reference:
Nikitina V.A.
Renting a residence by citizens with low income and in need of housing in the legal systems of Russia and Germany
// Law and Politics.
2016. ¹ 4.
P. 540-546.
URL: https://en.nbpublish.com/library_read_article.php?id=52622
Abstract:
This article is dedicated to the peculiarities of the legal regulation of rent of residential properties as one of the means of realization of the right to housing by citizens with low income in Russia and Germany. Analysis is conducted on the development of the institution of renting in Russia and Germany, as well as rental agreements of low income citizens with the right to a place to live as established by the Russian and German legislations. A special attention is given to the conditions given in Russia and Germany for signing such agreements. Despite the great relevance (government housing based on a rental agreement for millions of people in Russia and Germany remains an optimal option for solving residence issue), this topic is practically untouched by researchers in Russian scientific literature. The author highlights main distinctions in the Russian and German legislations that regulate rent of residential properties, and makes a conclusion on the possibility of using German experience for the purpose of improving Russian legislation in this area.
Keywords:
housing need, low income citizens, right to housing, social housing, noncommercial lease, residential lease agreement, social housing lease agreement, German social lease, rent, low income level
Human and environment
Reference:
Belokrylova E.A., Kologermanskaya E.M.
Peculiarities of the realization of citizens’ rights to favorable environment in the Russian Federation and India: comparative law analysis
// Law and Politics.
2016. ¹ 4.
P. 547-553.
URL: https://en.nbpublish.com/library_read_article.php?id=52623
Abstract:
The main object of this research is the comparative law analysis of the relations in the area of fundamental environmental rights in the Russian Federation and India, as well as the key means of their protection. The subject of this research is the right of a human and citizen to favorable environment, its key elements, as well as the mechanism of its legal realization. In the comparative legal context, the authors research the positions of the Constitutions of the Russian Federation and India, which establish the rights to a favorable environment. A special attention is given to such issues as the legal status of the branches of government authority involved in the process of protection of the right to favorable environment in Russia and India, and highlight the special role of the judicial branches in the legislative branch of power, as well as the importance of court decisions in the environmental legislation of India. The authors highlight the general and distinctive features of other legal principles aimed at protection of the right of every individual to favorable environment in Russia and India.
Keywords:
Comparative law methodology, environmental law of the Russian Federation, environmental law of India, favorable environment, environmental protection, Ministry of Natural Resources, Constitutional Court of the Russian Federation, India Supreme Court, India Environmental Act, environmental rights
History of state and law
Reference:
Chugaev V.V.
The problem of delimitation of the authority of The Crown, Her Majesty's Most Honourable Privy Council, and the Cabinet of the United Kingdom of the late XVII and early XIX centuries
// Law and Politics.
2016. ¹ 4.
P. 554-561.
URL: https://en.nbpublish.com/library_read_article.php?id=52624
Abstract:
The subject of this research is the problem of delimitation of the state authority of The Crown in the process of interaction with Her Majesty's Most Honourable Privy Council and the Cabinet of the United Kingdom during the late XVII and early XIX centuries. The object of this research is the direct power relations between separate holders of the British Crown in the period ranging from the end of the XVII and beginning of the XIX centuries, Her Majesty's Most Honourable Privy Council and the Cabinet of the United Kingdom in the area of realization of state policy and lobbying of the interests of The Crown in the House of Commons. A special attention is given to the issue of legal responsibility of ministers for the advice given to The Crown. The Great Britain during 1689 and 1832 represents a monarchical state with authoritarianist political regime, signs of which began to be manifested from the moment William III of England ascended to the throne. We cannot speak to the vividly expressed people’s power with regards to this period. The lack of legal mechanisms of direct public control practically reduced the control mechanism to a mechanism of reaching a compromise between The Crown and the House of Commons. The House of Commons was a fictitious representative branch of the legislative authority, mostly structuring its relations with the Cabinet, which expressed the will of the Crown, based on compromise.
Keywords:
constitutional monarchy, George III, discretionary power, Cabinet, House of Lords, House of Commons, Privy Council, Crown, authoritarian regime, form of government
Practical law manual
Reference:
Kolesnikova Yu.A.
Certain issues associated with right to ownership within public law formations in cases of residential properties in newly started and unfinished building projects
// Law and Politics.
2016. ¹ 4.
P. 562-565.
URL: https://en.nbpublish.com/library_read_article.php?id=52625
Abstract:
This article is dedicated to the research of certain issues associated with right to ownership within public law formations in cases of residential properties in newly started and unfinished building projects. In the course of this research the author establishes incompliance with the positions of the Article 246 of the Civil Code of the Russian Federation in the area of investments into construction projects on contractual basis, one of the facets of which is the public law formation. The author also determines that the contradictory legal precedent in material litigation of the subjects of public and private law, containing demands to recognize the right to ownership of housing that are within buildings that are being completed. For the purposes of protecting public and private property rights, the author proposes introducing changes to the legislation pertaining to coverage of legal requirement for management of properties of common partial ownership in both, the properties of re-started construction of real estate, as well as in regards to unfinished construction projects.
Keywords:
Jurisprudence, residential building, public law formation, real estate, property, common partial ownership, abandoned construction, investment, management, co-investing