Theory
Reference:
Popov E.A.
Legal life of individual and society as the object of research in legal studies and social sciences
// Law and Politics.
2018. ¹ 1.
P. 1-7.
DOI: 10.7256/2454-0706.2018.1.25321 URL: https://en.nbpublish.com/library_read_article.php?id=25321
Abstract:
This article examines the phenomenon of legal life of the individual and society. Determination is made on the role of legal life in development of public relations and the state legal system in general. Legal life is being examined within a number of other independent phenomena – legal reality, legal mentality, and law. Within the academic discourse, these phenomena correlate as: 1) those that complement each other in the context; 2) those that demonstrate the dynamics of formation and formalization in the society of legal values, which are based on maintaining traditional values and norms; 3) those that comprise the necessary elements for any legal system in any historical period; 4) those that affect formation of one or another legal norm or precept; 5) those that determine the character of relations with various structures of law. Determining the peculiarities of legal life of the individual and society has undisputed value for modern scientific knowledge. It is the legal life that encompasses all spheres of human individual and collective being, and affects traditional values and norms.
Keywords:
social knowledge, legal norms, public relations, legal antivalues, legal values, legal reality, legal life, security, The concept of social security, social development
State institutions and legal systems
Reference:
Kokotova M.A.
Comparison of the governing and opposition parties in the lower chambers of the Russian and American parliaments
// Law and Politics.
2018. ¹ 1.
P. 8-16.
DOI: 10.7256/2454-0706.2018.1.19270 URL: https://en.nbpublish.com/library_read_article.php?id=19270
Abstract:
This article is devoted to the means for ensuring the opposition of majority and minority parties, used in the State Duma of the Federal Assembly and in the House of Representatives of the Congress of the United States. The object of this research primarily concentrates on the means provided by the rules of both chambers and its realization. The aim of the article is to reveal the similarities and the differences of the realization of the idea of opposition in the lower chambers of these parliaments and the reasons thereof. The author reveals the means used in both parliaments such as the organization of majority and minority, possibility to express the majority and minority opinion, as well as their formal equality. It is concluded that the means, consolidated in the rules of the both chambers, are similar but there is a difference in the accents: ensuring the opposition in the House of Representatives and the possibility to express all the opinions in the State Duma.
Keywords:
weaken the majority, role of the opposition, opposition, formal equality, rules of the parliament, opposition party, ruling party, parliament of RF, parliament of USA, expression of difference of opinions
State institutions and legal systems
Reference:
Irkhin I.V.
Constitutional legal status of the Indonesian semi-autonomous Aceh province
// Law and Politics.
2018. ¹ 1.
P. 17-27.
DOI: 10.7256/2454-0706.2018.1.22542 URL: https://en.nbpublish.com/library_read_article.php?id=22542
Abstract:
The subject of this research is the constitutional law norms that regulate the status of Aceh as a semi-autonomous province of Indonesia. The object of the study is the public relations forming in the sphere of the constitutional law regulation of its status. The author thoroughly explores such aspects of the topic as the 2005 Memorandum of Understanding (MoU) and its impact on formulation of the constitutional legal regime of the semi-autonomous province. Special attention is given to the transformational processes taking place within the framework of current legislative regulation with regards to conditions of this agreement on the autonomic status of Aceh. The novelty of this research consists in the fact that the territorial variety of autonomy currently represents one of the key mechanisms capable of supporting materialization of objectively possible and mutually acceptable models of organization and stabilization of domestic relations. The relevance of this research is substantiated by the need for analysis of the practice of formation and development of domestic relations in foreign countries for the purposes of its systematization and account.
Keywords:
Regional House of People’s Representatives, Regional Government, governor, sharia law, public authorities, Aceh, territorial autonomy, Indonesia, Constitution, Law of the Republic of Indonesia Number 11 of the year 2006 Regarding Governing of Aceh
Law and order
Reference:
Sokolov D.S.
State witness protection of the parties involved in a criminal procedure: certain issues and solutions
// Law and Politics.
2018. ¹ 1.
P. 28-38.
DOI: 10.7256/2454-0706.2018.1.25162 URL: https://en.nbpublish.com/library_read_article.php?id=25162
Abstract:
The subject of this research is the institution of witness protection, peculiarities of the formation of system of proof in investigation of crimes where possible threats can be present to the parties involved in a criminal procedure. The work discusses certain issues in the legal regulation of the state witness protection, as well as the peculiarities of decisionmaking on application of measures of state witness protection and its realization with consideration of present threats and the phases of progression of criminal activity. It is proposed that the complex multi-stage system of regulatory acts does not promote making substantiated decisions on state witness protection. Members of law enforcement ensuring protection of witnesses from various regions of the Russian Federation have been interviewed. The main conclusions consist in the proposals to introduce a number of changes into the current Criminal Procedure Code of the Russian Federation pertaining to proving the threats, their assessment and adequate legal solutions.
Keywords:
administrative regulation, mechanism of state witness protection, participant of criminal procedure, state witness protection, criminal procedure, legal regulation, prosecution, preliminary investigation, proving, real threat
International relations: interaction systems
Reference:
Volokh V.A., Voronina N.A.
On the question of dual citizenship
// Law and Politics.
2018. ¹ 1.
P. 39-47.
DOI: 10.7256/2454-0706.2018.1.22850 URL: https://en.nbpublish.com/library_read_article.php?id=22850
Abstract:
The object of this research is the international and domestic legal regulation in the area of dual citizenship. The subject is the dual citizenship. The issue of dual citizenship is currently relevant not only for Russian Federation, but also many other countries. The current models of legal regulation of dual citizenship greatly differ from country to country, without meeting the needs of the individual in the modern world and causing many collisions in the legal systems. The authors analyze international law and national models of regulation of the question of dual citizenship, primarily from the positions of human rights. The novelty of this research partially consists in account of the latest trends in domestic policy of a number of countries on the question of dual citizenship. The work reveals the peculiarities of the legal regulation of dual citizenship within the framework of integrated union states. Special attention is given to the evolution of legislation in Russia. The authors conclude that in the modern world of agitated global political processes, the issues resulting from simultaneous belonging to different legal systems due to citizenship require modernization of approaches to the established models of legal regulation and development of clear definitions in both international and domestic laws.
Keywords:
convention, human rights, obtaining citizenship, migration, legislation, dual citizenship, citizenship, state, treaty, law
JUDICIAL POWER
Reference:
Kripinevich S.S.
Institution of preparation for trial in the Russian criminal procedure law and prospects of its development
// Law and Politics.
2018. ¹ 1.
P. 48-55.
DOI: 10.7256/2454-0706.2018.1.24937 URL: https://en.nbpublish.com/library_read_article.php?id=24937
Abstract:
The institution of preparation of criminal cases for trial is defined by the order of procedural actions and procedural decisions at the time of transfer of the criminal case from the prosecutor’s office to the court. The results of the corresponding criminal procedure work of the authorized subjects are defined by the efficiency of trial of the criminal case in court, including such aspect as speediness of trial of the criminal case. The importance of the procedural tasks before the institution of preparation of criminal cases, the need for optimization of the ways and means of their solution actualizes the academic research on the corresponding issues. One of the factors contributing to current increase of academic interest towards this institution is the development of judicial work at the pretrial stages, which seems to require advancement and normative formalization of the precepts of preparation for trial in cases submitted to court by the parties of the criminal justice according to the Article 125 of the Criminal Procedure Code of the Russian Federation, recommendation of the branch of preliminary investigation on detective work, execution of preventative measures, etc.
Keywords:
Pretrial, Legal norms, Trial, Jurisprudence, Law, Judicial process, Court session, Preparation, Institution, Criminal procedure law
History of state and law
Reference:
Belkovets L., Belkovets S.V.
Recognition of the Soviet Russian (USSR) law by the judicial branches of European states in the 1920’s
// Law and Politics.
2018. ¹ 1.
P. 56-70.
DOI: 10.7256/2454-0706.2018.1.21986 URL: https://en.nbpublish.com/library_read_article.php?id=21986
Abstract:
The subject of this research is the question of recognition of the norms of Soviet law by the courts of Capitalist states in civil litigation of Soviet citizens and organizations with foreign citizens and legal entities. It summarizes certain results of historical struggle between the “Socialist” state for recognition of equality of the Soviet system in the international arena. Its key success was the recognition of the the “general international law”, in accordance with which the trade agreements of the country could be formalized with foreign capital. The article demonstrates how with the growth of the power and influence of the Soviet state on the international arena and its recognition by the Capitalist nations, the Western countries changed their stance on the Soviet legislation – from ignoring and perverting it, to its recognition and application in the practice of judicial branches.
Keywords:
objective laws, application, recognition, jurisprudence, norms of law, Soviet legislation, capitalist states, USSR, international law, economic ties
Jurisprudence
Reference:
Grechnev A.V.
General questions of regulation of liability of the parent company on obligations of the subsidiary in Russian law
// Law and Politics.
2018. ¹ 1.
P. 71-76.
DOI: 10.7256/2454-0706.2018.1.18416 URL: https://en.nbpublish.com/library_read_article.php?id=18416
Abstract:
This article analyzes the key trends of development of the legislation on holding companies, expounds the legal regulation of activities of companies with specific legal status expressed in their dependence on the will and interests of other legal entities. The work gives definition to the concept of subsidiaries, classification of obligations, criteria of delegation of responsibilities, analyzes the problem of legal regulation of internal relations between the parties in the holding structure, and explores questions pertaining to regulation of liability of the parent company on obligations of the subsidiary according to the laws of the Russia and France. Analysis of the Russian and French laws in regulation of civil legal liability of the parent companies on obligations of the subsidiaries demonstrates that there are differences in the concept of subsidiary and establishment of the dependent relations, control, participation of the parent company in the subsidiary, and source of regulation. The French law can be recognized as more flexible compared to Russian and more loyal in the principles of dependent relations of the companies.
Keywords:
French corporate legislation, civil legal liability, joint liability, vicarious liability, corporate member liability, parent company, subsidiary, corporate veil, limited liability, Russian corporate legislation