Law practice
Reference:
Topilin I.V.
Comparative legal analysis of responsibility for violation of the legal professional privilege in the Russian Federation and countries of the former USSR
// Law and Politics.
2017. ¹ 6.
P. 1-11.
DOI: 10.7256/2454-0706.2017.6.43074 URL: https://en.nbpublish.com/library_read_article.php?id=43074
Abstract:
The subject of this research is the legislative norms that regulate responsibility for violation of the legal professional privilege in the Russian Federation and countries of the former USSR. The object of this research is the content of responsibility for violation of the legal professional privilege in the Russian Federation and countries of the former USSR. The author carefully examines the interconnection between the adopted legislative measures and increased infringement of the legal professional privilege. Special attention is given to the foreign experience of the countries of former Soviet Union in the area of regulating responsibility for infringement of the legal professional privilege. The author formulates proposition on introducing changes into the existing legislation that regulates responsibility form impeding the legal activity of the lawyers. It is underline that despite the implementation of administrative responsibility, takes place the increase in infringement of the legal professional responsibility; therefore, it results in the need for adoption of transformative measures for protecting the lawyers in their legal activity. The author’s special contribution consists in the analysis of legislation of the countries with similar legal regulation, as well as determination of the legislative gap with regards to these countries in the question of regulation of responsibility for impacting the legal activity of the lawyers.
Keywords:
Criminal law, Legal regulation, Defender, Lawyer, Obstruction of activity of the lawyer, Russian Federation, legal professional privilege, professional rights of the lawyer, acitivty of the lawyers, Criminal liability
Jurisprudence
Reference:
Osipov M.Y.
Economic analysis of law: failures, opportunities, and limitations
// Law and Politics.
2017. ¹ 6.
P. 12-23.
DOI: 10.7256/2454-0706.2017.6.43054 URL: https://en.nbpublish.com/library_read_article.php?id=43054
Abstract:
The subject of this research is the economic analysis of law, its place and role within the system of methods of juridical science. The author examines various situations existing in legal reality for determination of the potential failures, opportunities, and limitations in implementation of the method of economic analysis of law in juridical science. Particular attention is given to such aspects of the topic as the failures of economic analysis of law and its limitations. Thus, the goal of this work lies in demonstration of the failures, opportunities, and limitation of the economic analysis of law. The scientific novelty consists in determination of the failures and limitations in application of the economic analysis of law, as well as giving definition to the failures and limitations of economic analysis of law. The work also demonstrated that the implementation of economic analysis of law cannot be realized independently from other methods of juridical science, due to the fact that its application “alone” can lead to disregard of such crucial principles of law, as the principle of good faith, principle of justice, principle of humanism, etc.
Keywords:
potential, Legal reality, Legal phenomenon, method, analysis, law, economics, failure, limitation, Methodology
Transformation of legal and political systems
Reference:
Koryagin P.A.
Evaluation of the efficiency of the subject of public control in the Russian Federation
// Law and Politics.
2017. ¹ 6.
P. 24-30.
DOI: 10.7256/2454-0706.2017.6.43073 URL: https://en.nbpublish.com/library_read_article.php?id=43073
Abstract:
The study of the problems of the implementation of public control practices involves the formation of new challenges and approaches that meet the requirements of modern political time. The operationalization of many components related to the analysis of the infrastructure of public control – its object and subject institutions, mutual capabilities, authorities, areas of responsibility, interaction areas, and components related to the evaluation of control results – is the key challenge for the modern researcher. The subject of this article is the construction of a model for assessing the efficiency of the subject of public control in the modern Russian Federation. As a methodology for the development of a model for assessing the efficiency of public control, the method of construct interpretation is used. This is manifested in the use of the methodology for assessing the efficiency of the activity of a particular research object (in the context of the subject matter – the subject of social control) from economic theory and management theory, where the approach towards evaluation of efficiency through the ratio of the result to the resources is traditionally used as a basis. As a key methodology for analyzing the activities of subjects of public control and their respective ranking, comparative analysis is used. The use of the proposed model will allow operationalizing the infrastructure of public control to assess the efficiency of the control subject, and draw conclusions about the components in which, based on the relevant measurements, it is worthwhile to make regulatory modernization or reorganization in the activity of the subject of public control at all levels of its work in the processes of institutionalization of public control in the modern Russian Federation.
Keywords:
institutionalization, model, resources, productiveness, productivity, civil society, efficiency, public control, subject of control, object of control
Theory
Reference:
Gribinichenko L.
Legal status of a partner in civil rights and/or responsibilities
// Law and Politics.
2017. ¹ 6.
P. 31-43.
DOI: 10.7256/2454-0706.2017.6.43078 URL: https://en.nbpublish.com/library_read_article.php?id=43078
Abstract:
This article examines the legal status of civil partners and/or their responsibilities in external and internal legal relations. A comparative analysis of such legal phenomena as “plurality of persons” and “plurality of parties”, “group of co-owners”, and “legal entity” is conducted. The author analyzes the question of affiliation of the common law and/or joint responsibility in civil legal relations with plurality of persons, as well as peculiarities of legal status of co-owner at the stage of realization of the common law/execution of joint responsibility, and at the stage of its protection. An original definition is given to the concept of “co-owner of civil rights and/or responsibilities”. The author comes to the conclusion that in legal relations with third parties at the stage of exercising joint right/execution of joint responsibilities, co-owners act as a single subject, group, or collective. The author substantiates the need to single out the group of co-owners as a separate subject of civil rights and responsibilities.
Keywords:
exercising joint right, legal capacity, internal legal relations, subject of external legal relations, collective, multiple parties, Legal status of co-owner, stage of protection, draft of a will, independence
State institutions and legal systems
Reference:
Akhmadova M.A.
Investment policy of BRICS nations (on the example of the Republic of South Africa)
// Law and Politics.
2017. ¹ 6.
P. 44-54.
DOI: 10.7256/2454-0706.2017.6.42924 URL: https://en.nbpublish.com/library_read_article.php?id=42924
Abstract:
The subject this research is the questions of legal regulation and investment relations in BRICS member-states using the example of the Republic of South Africa, as well as key issues faced by the foreign investors in realization of various investment projects in this country. Proposed by the author comparative legal study covers certain aspects of the mechanism of admission of corporations with foreign investments to exploitation of mineral resources in South Africa, functioning of special economic zones, as well institutional structure involved in investments in this country. The scientific novelty consists in turning attention to the relevant questions of legal regulation of the investment relations in the conditions of reforms in the national investment legislation of South Africa, which became synonymous with the protectionist moods, justified by the state’s desire to overcome the Apartheid Regime, as well as preserve the country’s economic sovereignty.
Keywords:
Investment arbitrage, Investment climate, Special economic zone, Investment ombudsmen, Legal guarantees of investors, Investment dispute, Bilateral investment agreement, Foreign investment, Republic of South Africa, BRICS
State institutions and legal systems
Reference:
Pham N.
Fight against corruption – key goal of the Communist Party of Vietnam at present stage of national development
// Law and Politics.
2017. ¹ 6.
P. 55-62.
DOI: 10.7256/2454-0706.2017.6.43075 URL: https://en.nbpublish.com/library_read_article.php?id=43075
Abstract:
The object of this research is the corruption in modern Vietnam, while the subject is the task of the country’s leading party to fight corruption. The goal of this work consists in identification of corruption as one of the pressing issues, which the Communist Party of Vietnam has to face in the difficult economic and social circumstances of the country. Special attention is given to the analysis of state of corruption and its harm to various areas of social life of the modern Vietnam, as well as examination of responsibility of the leading party pertaining to unproductive fight against corruption. The author also reviews the main causes that lead to the uncontrolled acts of corruption in all branches of government authority. Based on examination of relevancy of the problem of corruption in modern Vietnam alongside its comparison with the other regions of Southeast Asia, the conclusion is made that the creation of efficient measures aimed at combating corruption, currently is an unresolvable task for the Communist Party of Vietnam. Corruption and its consequences directly affect the reputation of the Vietnamese government in eyes of the foreign investors, manifest as a primary cause for the drop of people’s trust towards the ruling party, as well as the risk of political instability in the country.
Keywords:
Political reform, Ruling party, Corruption Perceptions Index, Level of competitiveness , Government authority, National assembly, Communist Party of Vietnam, Budget deficit, National debt, Corruption
Law and order
Reference:
Bayanov D.A.
Sanctions of norms of the Criminal Code of the Russian Federation on crimes in the area of entrepreneurship
// Law and Politics.
2017. ¹ 6.
P. 63-77.
DOI: 10.7256/2454-0706.2017.6.43065 URL: https://en.nbpublish.com/library_read_article.php?id=43065
Abstract:
The subject of this research is the sanctions of norms of the Criminal Code of the Russian Federation (CCRF) on crimes in the area of entrepreneurship. The author conducts a detailed analysis of the aforementioned sanctions from the perspective of criminal punishments used in their structuring, as well as evaluates the level of alternativeness of such sanctions and justification of application of the cumulative construct of sanctions by a legislator. The author also examines the limits of the sanctions, and calculates the medians of punishment in form of penalty and incarceration. In addition, the article compares the size of penalty and prison sentences stipulated by sanctions of norms of the Criminal Code of the Russian Federation on crimes in the area of entrepreneurial activity for the purpose of establishing the presence (or absence) of correlations between them. The author comes to a conclusion that there is no uniform scientific approach towards the structuring of sanctions of norms of the CCRF on crimes in the area of entrepreneurial activity, which manifests in a number of major flaws of the sanctions: 1) insufficient fluency in escalation of repression of a punishment within the alternative sanctions; 2) illogical and inefficient implementation of a cumulative construct of sanctions by a legislator; 3) excessive range of the limits of crimes within the sanction, which unreasonably expands the frames of judicial discretion and affects the infliction of just punishment. Thus, it necessitates the establishment of a solid scientific foundation for structuring the sanctions of norms pertaining to crime in the area of entrepreneurship.
Keywords:
penalty, punishment, median of punishment, alternativeness of sanctions, limits of sanctions, structuring of sanctions, criminal sanctions, crime, Entrepreneural activity, Incarceration
History of state and law
Reference:
Savostyanov S.
Stages of establishment and development of legal regulation of executing judicial decisions in the Russian legislation
// Law and Politics.
2017. ¹ 6.
P. 78-89.
DOI: 10.7256/2454-0706.2017.6.43077 URL: https://en.nbpublish.com/library_read_article.php?id=43077
Abstract:
The subject of this research is the legal regulation of execution of court decisions throughout the history of Russian law. The object of this research is the social relations established in realization of tasks in the process of executing judicial decisions in the Russian State in various historical periods. The author analyzes the formation and development of the Russian legislation, as well as peculiarities of legal regulation of execution of judicial decisions. Considering the significant changes in legal regulation of executing judicial decisions in different historical periods, associated with the adoption of fundamental legal amendments and reforms in the field of public relations, the author determines the stages of establishment and evolution of the legal regulation of executing judicial decisions. The original periodization of the establishment and development of legal regulation of executing judicial decisions is proposed in the article. The author believes that it is inappropriate to talk about the establishment and development of legal regulation of executing judicial decisions peculiarly in terms of coercion, because the voluntariness of executing judgments existed at all stages of legal regulation decision-making, but beginning in 1864, the procedure of voluntary execution of judicial decisions has received a detailed regulatory consolidation. The scientific consists in the fact that based in the fact that based on the analysis of a number of legal monuments and existing sources, the article provides a fairly complete picture of historical evolution of the procedures related to execution of judicial decisions in the Russian law.
Keywords:
development, establishment, law, stages, legal conformity, execution of judicial decisions, bailiff, obligor, collection, evolution