State institutions and legal systems
Reference:
Tel'nov A.V.
State reputation as a category of civil law: concept and meaning
// Law and Politics.
2016. ¹ 6.
P. 700-708.
URL: https://en.nbpublish.com/library_read_article.php?id=52642
Abstract:
The subject of this research is the legal norms that regulate intangible assets, personal intangible rights, as well as the rights of the state as a subject of civil legal relations. The object of this research is public relations associated with such personal intangible right as the state’s right to reputation. The author substantiates the need for protection of the state reputation from defamation and the need for creation of the necessary legal provision for protection of the state’s personal intangible right to reputation. The author also argues that the current categories of civil law cannot cover all possible instances that require protection of state rights. The scientific novelty of this research consists in the fact that based on the current knowledge in the area of civil law the author presents the legal substantiation for introduction into the legislation of the Russian Federation of such category as reputation, which can be applied to state as a subject of civil legal relations.
Keywords:
Defamation, State protection, Protection of intangible rights, Protection of reputation, Public law formation, Personal intangible rights, Intangible assets, State, State reputation, Reputation
State institutions and legal systems
Reference:
Koblov S.Yu.
Overview of the U. S. legislation regulating trade and economic relations with participation of foreign countries
// Law and Politics.
2016. ¹ 6.
P. 709-718.
URL: https://en.nbpublish.com/library_read_article.php?id=52643
Abstract:
The subject of this research is the norms of the U. S. legislation that regulate the trade and economic relations with participation of foreign countries. A special attention is given to the key aspects of the legislation, in particular, regulation of the spheres of intellectual property and foreign investments (including antitrust legislation). Among other issues, the author explores the technique of systematization of laws in the United States, the so-called “national security doctrine”, influence of U. S. domestic legislation upon the norms of international law that regulate the trade and economic relations between countries. The author used the works of Russian and American legal scholars in the area of international (including international economic) law and economic theory. The scientific novelty of this research consists in the doctrinal and systemic historical outlook upon the U. S. legislation that regulates the trade and economic relations with participation of foreign countries in the context of modern changes in the international economic legal order, through which the author concludes that the United States have accumulated a substantial amount of experience of state regulation of economic relations inside the country, which ensures regulation of the corresponding trade and economic relations, including trade of goods and services; application of fees and taxes; protective, anti-damping and compensation measures; anti-damping practice; protection of intellectual property laws and investment relations; labor and environmental standards; etc.
Keywords:
International legal order, WTO, Trade, Investment, Intellectual property, Foreign state, USA, United States, Trade and economic relations, Legislation
Transformation of legal and political systems
Reference:
Pautova M.N.
The principles of legal regulations of foreign investments into the fuel and energy complex
// Law and Politics.
2016. ¹ 6.
P. 719-724.
URL: https://en.nbpublish.com/library_read_article.php?id=52644
Abstract:
This article explores the principles of legal regulation of foreign investments into the fuel and energy complex. The author examines the questions of influence of international (supranational) law upon the formation of these principles, as well as the prerequisites of creation of the principles of legal regulations of foreign investments into the fuel and energy complex. This work analyzes the legislation of various countries on regulation of foreign investments, including those in the energy sphere, and highlights a number of general principles of the legal regulation of foreign investments into the fuel and energy complex, which are characterized as the principles of liberalization of investments and protection of the rights of the investors. The author notes that the principles of legal regulation of foreign investments into the fuel and energy complex were formulated under the influence of globalization and liberalization of trade. As a result, their essence is defined by the imperatives of protection of the rights of foreign investors and liberalization of the domestic market for foreign investors. At the same time, the specificity of the energy sphere (i.e. its influence upon provision of national security) led to the need for creation if the principle of limitation of foreign investments into the national energy complex, which is being implemented rather unequally, varying from country to country, as well as from energy sector to another.
Keywords:
liberalization, supranational law, international law, national legislation, foreign countries, fuel and energy complex, legal regulation, foreign investment, principles, protection of investor rights
Law and order
Reference:
Vasil'chenko E.I.
On the question of the subjects of the execution of urgent investigative actions
// Law and Politics.
2016. ¹ 6.
P. 725-734.
URL: https://en.nbpublish.com/library_read_article.php?id=52645
Abstract:
Taking into account the identified causes and conditions of development of modern crime, the author speaks about improving the efficiency of crime investigation procedures as a necessary measure to counter that can affect the increase in the crime detection. As a prerequisite for improving the efficiency of crime investigation, the author proposes further improvements of criminal procedural law, in particular adaptation to modern realities of legal rules governing the procedure as the execution of urgent investigative actions and the legal status of the subjects of their execution. The study used a general scientific dialectical method and empirical knowledge, private scientific methods: analysis and synthesis of the historical method. The author studied statistics showing the individual aspects of the tax authorities and the prosecution authorities of the Russian Federation in the period from 2013 to 2015, as well as foreign legislation and opinions of national law enforcers on the issue in question. The scientific novelty of the research lies in the fact that the author carefully examined the entire regulatory framework, which determines the terms and powers of the subjects of the execution of urgent investigative actions at the present stage of development of domestic legislation on criminal procedure. Based on the nature of urgent investigative actions in view of the major threats to national and public security of the Russian Federation at the present stage of development, the priorities of combating crime, as well as a number of other factors are made and the author's justified proposals for expanding the list of subjects of the production of urgent investigative actions and to clarify their legal status.
Keywords:
crime detection, procedural powers, destruction of evidence, prosecution authorities, tax authorities, proof, office of inquiry, urgent investigative actions, tax audit, prosecutors supervision
Transnational interests
Reference:
Averina K.N.
Forests reserves of Africa
// Law and Politics.
2016. ¹ 6.
P. 735-745.
URL: https://en.nbpublish.com/library_read_article.php?id=52646
Abstract:
In the modern world one of the biggest problems with the forests of the African continent is deforestation. According to the latest research, Africa holds a second place in the world in deforestation. The problem of deforestation is being examined in combination with the consequences of climate change. The author focuses not only on the traditional approaches towards use of forest resources, but also legal regulation of rational use and sustainable development of forests. The author also explores the prospects of development of environmental tourism in a number of countries of the African continent. This work presents the analysis of the main causes for the mass deforestation and a significant decrease in the forestation of the African continent. Traditionally, the state of forest land is assessed on the example of the nations of Fennoscandia, Canada, and the United States. The author’s attempt to analyze the development of the forestry of Africa allows us to become familiar with the traditions and customs of the indigenous people, who use the forest for their everyday life, as well as allows us to evaluate the efficiency of the measures undertaken by the states of the African continent on rational use and sustainable development of the forests.
Keywords:
Forest lands, Forestry department, Indigenous people, Environmental tourism, Non-wood products, National forests, Forest fires, Community zones, Traditional use of forests, International forestry research
JUDICIAL POWER
Reference:
Yarovenko V.V.
Participation of attesting witnesses in an investigation
// Law and Politics.
2016. ¹ 6.
P. 746-753.
URL: https://en.nbpublish.com/library_read_article.php?id=52647
Abstract:
The subject of this research is the legal regulation of the participation of the attesting witnesses in investigations. The author gives attention to the legislative changes of the institution of attesting witnesses in Russia, which prompted a discussion among both, scholars and legal professionals. The article explores various opinions of scholars and the investigative-legal practice of investigative work involving attesting witnesses. An undefined, and an important from the practical point of view factor, is the questioning of the attesting witness on the witness stand and acceptance of their statement as proof. The author comes to the conclusion that there is a need for changes in the participation of attesting witnesses in investigations with consideration of the realities of today. A guarantee of the validity of evidence will in time be ensured by use of technological means of recording of facts used by the investigators and specialists, rather than by participation of attesting witness in investigations. In order to exclude the problem of validity of the recording of evidence via technological means, it is necessary to implement Part 2 of the Article 303 of the Criminal Code of the Russian Federation, which establishes responsibility of the detectives and investigators for falsification of evidence.
Keywords:
Testimony, Investigation, Evidence, Attesting witness, Protection, Recording, Technological means, Court, Investigator, Inquiry
JUDICIAL POWER
Reference:
Filimonov I.A., Filimonov A.A.
Theory and practice of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities
// Law and Politics.
2016. ¹ 6.
P. 754-760.
URL: https://en.nbpublish.com/library_read_article.php?id=52648
Abstract:
The authors consider the law enforcement aspects of the sentencing in the form of deprivation of the right to hold certain positions or engage in certain activities as a punishment for certain crimes. In the course of the investigation the authors used the formal-logical method, systemic analysis, comparative law, questionnaires, surveys and statistical method. The authors draw attention to the need to increase the application of the penalty of deprivation of the right to occupy certain positions or engage in certain activities as an additional punishment in cases of corruption offenses. It is noted that in a number of articles of the Special Part of the Criminal Code specifies commission of a crime by a person using his official position is an aggravating circumstance, but the penalties do not list the aforementioned method of punishment. The authors substantiate the feasibility of introducing sanctions in a number of articles of the Special Part of the Criminal Code the penalty of deprivation of the right to occupy certain positions or engage in certain activities as a mandatory additional penalty. Proposals are made to appointment of punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities of punishment by restricting the scope of the prohibition, in particular by reference to the performance of specific powers (for example, healthcare workers).
Keywords:
imposition of sentence, criminal penalties, crime, officer, work, title, deprivation of rights, sentence, official authority, legal precedent
Human and state
Reference:
Pibaev I.A.
Constitutional law on public religious events in Italy and Russian Federation
// Law and Politics.
2016. ¹ 6.
P. 761-773.
URL: https://en.nbpublish.com/library_read_article.php?id=52649
Abstract:
The subject of this research is the legislative regulation and practice of realization of public religious events in the Russian Federation and Italy. Examining the current Italian and Russian legislations, the author attempted to classify and systematize various religious events and their legal regulation. The work presents specific examples of application of various legal regimes, as well as legal precedent pertaining to exercise of the right to organize and hold religious events. Several proposals are made on improvements to the current legislation and borrowing of foreign experience for Russian legislation. The author concludes on the need to improve Russian legislation, namely a number of positions of the Federal Law No. 54-FZ “On Assemblies, Meetings, Demonstrations, Marches and Picketing”. The author believes that there is a need to remove the existing collision by introduction of changes to the Federal Law No. 125-FZ (clause 5 of the Article 16), which would exclude the referencing norm to the Federal Law No. 54-FZ, and amend the 54-FZ in the clause 2 of the Article 1with the following formula: “with the exception of public religious services, other religious rituals and ceremonies (including prayer and religious gatherings) held in public places that require measures for ensuring public order and safety of both, the participants of the religious ceremonies, as well as other citizens. Such events should be held in the order established by the current federal law”.
Keywords:
Human rights, Marches, Religious associations, Secular state, Policy, Freedom of assembly, Velikoretsky Procession of the Cross, Italy, Religion, Public events
Anthropology of law
Reference:
Popov E.A.
Advantages of sociology of law in interdisciplinary research of the legal life of individuals and society
// Law and Politics.
2016. ¹ 6.
P. 774-780.
URL: https://en.nbpublish.com/library_read_article.php?id=52650
Abstract:
The subject of this research is the interdisciplinary connections of sociology and philosophy of law, as well as the anthropology of law. Special attention is given to determination of the specificity of modern sociology of law in study of the legal life of individual and society. The author makes an accent on the theoretical and methodical capabilities of various scientific disciplines that also deal with research of law and legal reality. The advantages of the sociology of law become evident in comparison of sciences and knowledge based on four aspects: object of research, priority of the examination of a relevant issue, problematization of the scientific research field, and determination of the methodological resources. On the example of the correlation of sociology of law and philosophy of law, as well as sociology of law and anthropology of law, the author demonstrates the merits of the sociological knowledge in the study of legal life. The main conclusions of the conducted research are the following positions: 1) sociology of law possesses certain theoretical-methodological and methodical advantages in evaluation of the legal life of an individual and society by comparison, for example, with philosophy of law or legal science; 2) the main value of the sociology of law is its comprehensive orientation in study of various legal phenomena and processes.
Keywords:
social knowledge, legal philosophy, norms, values, sociology, culture, society, methodology, sociology of law, interdisciplinarity
History of state and law
Reference:
Biyushkina N.I.
Specificity of the development of the Soviet criminal and procedural law throughout the period of codification of 1950’s – 1960’s
// Law and Politics.
2016. ¹ 6.
P. 781-790.
URL: https://en.nbpublish.com/library_read_article.php?id=52651
Abstract:
The author carefully examines the key historical events of the second part of the 1950’s and into the 1960’s, which in time made possible the codification of the criminal and criminal procedural law of that period. The point of origin of codification can be considered the 20th Congress of the Communist Party of the Soviet Union, which took place in February of 1956 with the speech by N. S. Khrushchev “On the cult of personality and its consequences”, in which he raise the questions of rehabilitation of citizens repressed during the period of Stalin’s reign. One of the goals of the CC CPCU in accordance with the decisions of the 20th Congress was complete eradication of crime with replacement of measures of criminal punishments with measures of social rehabilitation. The author detects multiple exclusively significant changes in the Soviet criminal and criminal procedure law in the studied period that were reflected in the codification of the second half of the 1950’s and into the 1960’s, which contributed to the restoration of the Socialist lawfulness. The author’s contribution into this subject is the conclusion that the qualitative political-legal transformations that took place in the USSR from mid-1950’s to 1960’s have prompted the development of the organizational legal mechanisms of protection of the rights of Soviet citizens, shielding them from arbitrary punishment by the branches that carried unconstitutional character and were abolished during said period.
Keywords:
the 20th Congress of the Communist Party of the So, Soviet State, Arbitrary detention, Currency fraud, Theft, Analogy principle, Decriminalization, Legislation, Criminal procedure, Criminal law
History of state and law
Reference:
Abdulin R.S.
The role of the Communist party in judicial administration (1930-1970)
// Law and Politics.
2016. ¹ 6.
P. 791-798.
URL: https://en.nbpublish.com/library_read_article.php?id=52652
Abstract:
The subject of the research is the role of the Soviet Communist Party in judicial administration and the governing of the courts. The author of the article shows that the party's directives have an impact on courts and judicial power. The leaders of the Soviet Communist Party interfered in all spheres of activity of the judicial power, including procedural aspects, often giving judges guidelines for solving individual cases, and in some cases, even determined the time and location for the trials. The author concludes that in the Soviet Union firmly established the official influence of party on all aspects of the powers functioning, and that the Party's decisions were perceived by the judiciary and judges as binding. This allows the author of the article to perceive this historical period of the USSR as a Communist Party's total dominance and its supreme power in the country. The whole government power of the country, including the judiciary, at this time was consolidated in the hands of the leadership of the Communist Party. The scientific novelty of this work lies in the very posing of the question and the fact the goals and tasks defined in this work have not previously been addressed in Russian legal science.
Keywords:
crime, lawmaking, Constitution, independence, repression, court, administration, Communist party, legality, authoritarian regime
History of state and law
Reference:
Shashkova A.V.
Emergence of corporation as independent legal entities (analysis of the case of Salomon v. Salomon and Co. Ltd)
// Law and Politics.
2016. ¹ 6.
P. 799-805.
URL: https://en.nbpublish.com/library_read_article.php?id=52653
Abstract:
This article is dedicated to the analysis of the concept of corporation as a separate entity of civil law. The author explores this concept on the example of English precedent on the case of Salomon v. Salomon and Co. Ltd. Analysis is conducted on the stages of this process and conclusions that were obtained by the courts of various levels, as well as changes of both, the resolute and motivated part of court ruling depending on the interpretation applied. The conducted research allows us to claim that it is at the stage of industrial society that the concept of corporation as a separate legal entity with the complex of its rights and obligations has been formed. Among the main conclusions of the conducted research is the fact the corporations also existed in the preindustrial society, but it was at the stage of postindustrial development that the concept of corporation as a separate legal entity has emerged. The author’s contribution into the research of this topic consists in the political and legal analysis of this question. The scientific novelty consists in the fact that there is no prior analysis and assessment of the significance of the English precedent based on the case of Salomon v. Salomon and Co. Ltd.
Keywords:
court decision, House of Lords, company, separate entity, industrial society, Salomon v. Salomon, corporation, precedent, on the case, higher authority
History of state and law
Reference:
Odoev O.S.
To the history of the question of structuring of the element of crime using administrative prejudice
// Law and Politics.
2016. ¹ 6.
P. 806-812.
URL: https://en.nbpublish.com/library_read_article.php?id=52654
Abstract:
The subject of this research is construction of the elements of crime using administrative prejudice. The essence of this method of construction consists in the fact that an administrative offense that has been committed by the same individual within a legally established period of time is being “transformed” into a criminal offense. The article examines the historical aspect of the aforementioned means of structuring: questions pertaining to the conditions under which it originated and saw its further development within the framework of specific legal structures. The author conducts the analysis of the processes of origin and evolution of the structuring of the elements of crime using administrative prejudice. The examination includes the current approaches within the legal theory towards perception of the nature of origin of the administrative prejudice in criminal law. The author offers arguments that testify to the imperfectness of the approach, the essence of which lies in the fact that the elements of crimes with administrative prejudice had pre-revolutionary prototypes. The author also makes presuppositions that the norms containing elements of a crime with administrative prejudice have received their first official establishment during the pre-codification period of development of Russian criminal law.
Keywords:
history of administrative prejudice, history of criminal law, legal construction, element of crime, offense, crime, administrative prejudice, tax crimes, administrative law, Soviet criminal law
Legal and political thought
Reference:
El'chaninova O.Yu.
The category of the “source of law”: the problems of universality, specificity, and concretization (the experience of understanding of the approaches of pre-revolutionary scholars)
// Law and Politics.
2016. ¹ 6.
P. 813-821.
URL: https://en.nbpublish.com/library_read_article.php?id=52655
Abstract:
The object of this research is the basic category of legal science that is the “source of law”. The subject of this research is the main approaches devised by the historical and juridical sciences towards the concept of “source of law”. The author demonstrates that unlike in historical sciences, where the concept of “source of law” was examined only as a private case of the concept of “primary source”, in the legal science as a whole and law history in particular this is one of the fundamental categories. Among the main conclusions of the conducted research are the theses that the content of the definition of the “source of law” is influenced by the specific historical context, starting with the dominating legal tradition and ending with the value system that have been entrenched in the public consciousness of a specific era. The desire to move away from ambiguity of the concept of “source of law” led to emergence of new terms: “form of law”, “normative factor”, “monument of law”, and others.
Keywords:
normative act, form of law, source of Russian law, legislation, law, historic Landmark, customary law, source of law, legal practices, legal system