Question at hand
Reference:
Rayanov, F.M.
Concept of stable development and Russian legal and political reality.
// Law and Politics.
2004. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=49673
Abstract:
Currently organization of social life of the whole humankind, as well as of particular states and regions should be based on the Concept of stable development. Unfortunately, in Russia the key points of this Concept do not receive sufficient recognition, and sometimes are totally misunderstood. In this article Professor F.M. Rayanov provides his position on the Concept and evaluates Russia’s activites in the context of the Concept.
Theory
Reference:
Zhalinsky, A.E.
Paradigm of criminal legal thinking.
// Law and Politics.
2004. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=49675
Abstract:
Criminal law is a source of power. It demands great social spendings, and it is capable of both accelerating and delaying social development. In this article Professor A.E. Zhalinsky provides his analysis of criminal-legal paradigms, seen as part of a more general problem, which, in turn, is related to the nature and changing role of criminal law as an instrument of social regulation.
Transnational interests
Reference:
Kananykina, E.S.
Phylosophical traditions of analysis of sources (forms) of law.
// Law and Politics.
2004. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=49682
Abstract:
Sources (forms) of law embody rights and freedoms of an individual and a citizen, ensure their reality for all the people, their independence of the opinions of particular subjects of law, their legal protection. E.S. Kananykina’s article is devoted to analysis of customs, laws and other sources of law, which, as the author notes, are not just the means for the recognition of existing law, but rather one of the necessary factors of lawmaking. The author also studies correlation of law and morals, law and custom, etc. The article contains the study of legal positions of a number of phylosophers, devoted to the issues of sources (forms) of law.
Stabilization systems: government control
Reference:
Tsarkov, I.I.
Natural legal doctrine and theory of public contract – unity of two concepts.
// Law and Politics.
2004. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=49688
Abstract:
Differentiation between the natural legal doctrine and the theory of public contract has always been a part of Russian scientific tradition. The basis for differentiation has always been seen in the very subjects of these theories. It was considered that while the natural legal doctrine is centered upon inalienable birthrights of any individual, the theory of public contract deals with conditions and process of formation of state. However,the author of this article considers that these two concepts are closely interrelated and their relation forms the very basis for a single concept. In this article I.I. Tsarkov provides reasoning for his position, reviews a number of misunderstandings and illusions related to both the natural legal doctrine and the theory of public contract.
History of state and law
Reference:
Lipinsky, D.A.
On some problems related to the system of legal responsibility.
// Law and Politics.
2004. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=49692
Abstract:
This article is devoted to the problem of finding field-related criteria for classification of legal responsibility. Noting that such classification is complicated by the fact that within some fields of law there are two kinds of responsibility (for example, in labor law), while in some fields of law specific kinds of legal responsibility are just being formed, the author studies such kinds of legal responsibility as labor responsibility, criminal-executive responsibility, family-law responsibility.
Biblion
Reference:
Mescheryakov, A.V.
Russian federalism: theoretical and legal sources.
// Law and Politics.
2004. ¹ 12.
URL: https://en.nbpublish.com/library_read_article.php?id=49694
Abstract:
Issues of federalism gained great importance in modern Russia. Throughout the last decade these issues kindled heated discussion, and led to expression of rather contradictory positions related to reforms in the Russian Federation. In A.V. Mescheryakov’s article one can find analysis of specific features of Russian federalism, its historical and legal perspectives, conclusions on its nature at the time of its formation.
Question at hand
Reference:
Emelyanov, Y.S.
Procedure of passing and registering normative legal acts of the executive branch.
// Law and Politics.
2004. ¹ 12.
P. 5-10.
URL: https://en.nbpublish.com/library_read_article.php?id=49672
Abstract:
Significance of normative legal acts of the executive branch within the legal system of the Russian state is obvious, and these acts are vital components of the mechanism of applying law. At the same time these acts, while they provide for realization of requirements of law itself, are capable of strenghtening or weakening normative legal rules, influencing these rules’ efficiency, subject of their regulation, mutual relations of its subjects. This article reflects upon the main stages of procedure of passing and registering normative legal acts of the executive branch in the Russian Federation.
Theory
Reference:
Ivanov, A.M., Knyazev, S.D.
Legislature of People’s Republic of Korea: system of sanctions and rules of application of sanctions.
// Law and Politics.
2004. ¹ 12.
P. 11-22.
URL: https://en.nbpublish.com/library_read_article.php?id=49674
Abstract:
This article is devoted to the Chinese experience of transfer to legal means of regulation of the social relations in the context of the administrative reform. Authors provide detailed study of the key Chinese laws in this field, such as the Provision on penalties for violation of the social order, which had considerable impact on the institution of the administrative responsibility, and the Law of the People’s Republic of China on adiministrative punishments.
Theory
Reference:
Zhalinskaya-Rericht, A.A.
On specific features of the obligation law reform in the Federal Republic of Germany.
// Law and Politics.
2004. ¹ 12.
P. 22-30.
URL: https://en.nbpublish.com/library_read_article.php?id=49676
Abstract:
On January 1, 2002 the Law on modernization of the obligation law of 26 of November, 2001 came into force and the provisions of more-than-a-century-old Civil Code of Germany of 1896 changed considerably. The German authors see these changes as the reform of the obligation law in Germany. In this article the author studies positions of German authors related to the civil law reform, causes and specific features of the reform, provides review of novel features and most important changes.
State institutions and legal systems
Reference:
Dubovik, O.L.
Ecological law of the European Union: formation, development, achievements and topical goals.
// Law and Politics.
2004. ¹ 12.
P. 31-35.
URL: https://en.nbpublish.com/library_read_article.php?id=49677
Abstract:
In this article Professor O.L. Dubovik reviews topical issues of the ecological law of the European Union, provides information on the issues discussed at the 30th Anniversary of the Ecological law of the European Union symposium, which was held in Bremen, such as influence of provisions and principles of the European ecological law on the legislation of the members of the EU, problems of judicial practice in the sphere of ecology and protection of ecological rights of people, goals set for strenghtening ecological order in the future.
Authority and management
Reference:
Erpyleva, N.Y.
International commercial law: modern tendencies in motion.
// Law and Politics.
2004. ¹ 12.
P. 36-41.
URL: https://en.nbpublish.com/library_read_article.php?id=49678
Abstract:
In this article N.Y. Erpyleva reviews the sources of the international commercial law, nature and forms of international commercial contracts, their key provisions, responsibility of the parties for breach of contract in accordance with the Vienna Convention of 1980 (CISG), types of contracs in accordance with the INCOTERMS 2000. The article also contains analysis of court practice and arbitration practice in the sphere of the international commercial law.
Transformation of legal and political systems
Reference:
Dashan, M.S.
Distribution contracts in international commercial turnover.
// Law and Politics.
2004. ¹ 12.
P. 42-46.
URL: https://en.nbpublish.com/library_read_article.php?id=49679
Abstract:
Foreign companies, which come to the Russian market, often prefer distribution contracts. Such a choice causes certain difficulties for their Russian partners, since Russian civil legislation does not specifically provide for this type of economical relations. Nevertheless, this type of contractual relations is actively used not only in the international trade, but also in domestic Russian trade. What are the key differences, if there are any, between distribution contract and “legitimate” contract? Are the advantages obvious?
Transformation of legal and political systems
Reference:
Ryzhov, V.B.
Common market of the states of the Southern part of the Latin America (Mercosur) – international legal aspects.
// Law and Politics.
2004. ¹ 12.
P. 47-57.
URL: https://en.nbpublish.com/library_read_article.php?id=49680
Abstract:
Integration was always a popular slogan among the Latin American states after they attained their independence. In V.B. Ryzhov’s article we can find analysis of historical and legal perspectives of integration, which led to foundation of the free trade and customs zone (Mercosur). The author studies Mercosur’s adiministrative structures, conflict resolution schemes and its relations with other integrated unions, such as the EC and the NAFTA.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Shishkina, E.V., Bandurin, S.G., Gromov, N.A.
Institution of criminal prosecution in Russian criminal legal procedure.
// Law and Politics.
2004. ¹ 12.
P. 58-67.
URL: https://en.nbpublish.com/library_read_article.php?id=49681
Abstract:
In accordance with the Art. 6 of the Criminal Code of the Russian Federation criminal prosecution is recognized as one of the means and elements of criminal legal procedure. This article is devoted to studying the nature of criminal prosecution, its forms and kinds. It also contains analysis of positions of key scholars and legal practitioners in this field, such as A.M. Larin, S.V. Viktorsky, M.S. Strogovich, M.P. Kan, A.G. Haliulin, O.D. Zhuk. Authors pay attention to various problems, related to recognition of criminal prosecution as an institution of Russian criminal law.
Transnational interests
Reference:
Koldin, A.V.
Principles of classification and methods of decoding sources of criminalistic information.
// Law and Politics.
2004. ¹ 12.
P. 68-77.
URL: https://en.nbpublish.com/library_read_article.php?id=49683
Abstract:
Traditional criminal evidence classification divides evidence into two categories: original and derivative. The goal of this publication is to provide reasoning for additional categories of classification of criminalistic information, and typifying the methods of decoding accordingly. Author offers to single out “mixed” sources, which can be found in cases, when universal means of fixation and multi-step transformation of signal are used (for example, in case of processing a digital picture, while changing its colors, etc). Author also studies the problem of typifying the methods of decoding, singles out three main types, evaluates various methods.
Transnational interests
Reference:
Musatkina, A.A.
Goals of financial responsibility as category of goals of financial legal policy.
// Law and Politics.
2004. ¹ 12.
P. 77-82.
URL: https://en.nbpublish.com/library_read_article.php?id=49684
Abstract:
No state can function efficiently without well-balanced financial relations. Well-balanced financial relations, in turn, call for adequate provisions on financial responsibility. Author of this article studies positions of a number of authors related to this issue, elaborates on how the goals of financial responsibility are reflected in the Russian legislation, offers her own classification of the goals of financial responsibility.
Law and order
Reference:
Shalashov, V.I., Emelyanov, Y.S.
Specific features of normative legal acts, passed by the Central Bank of the Russian Federation.
// Law and Politics.
2004. ¹ 12.
P. 83-89.
URL: https://en.nbpublish.com/library_read_article.php?id=49685
Abstract:
Federal law “On the Central Bank of the Russian Federation (the Bank of Russia)” provides the Bank with a right to pass normative acts. By the nature of this provision the legislator gave the Central Bank of the Russian Federation considerable authority. This power of the Bank was supported by the Decision of the Constitutional Court of the Russian Federation of 14 of December, 2000. This article contains comparative analysis of the requirements to normative acts, which are passed by the Central Bank of the Russian Federation, and normative acts of the federal executive bodies, and authors find considerable differences between these two kinds of normative acts.
Law and order
Reference:
Lomakina I.B.
Methodological aspects of common law in the light of classical and neoclassical paradigms.
// Law and Politics.
2004. ¹ 12.
P. 89-99.
URL: https://en.nbpublish.com/library_read_article.php?id=49686
Abstract:
Author studies common law in the context of the sociological jurisprudence, which recognizes legal pluralism. Such an angle of view allows one to see common law as a multi-faceted social and cultural phenomenon. The author also reviews modern common law of foreign states, and role of common law at the international level, concludes that pluralistic approach is preferable for the complex study of the common law.
Stabilization systems: government control
Reference:
Sidorkin, A.I.
Punishments related to deprivation of liberty and limitation of liberty in canon law: problems of legal regulation of systematization and reception by ancient Russia’s lawmakers.
// Law and Politics.
2004. ¹ 12.
P. 100-108.
URL: https://en.nbpublish.com/library_read_article.php?id=49687
Abstract:
As A.I. Sidorkin notes, all the novel features of Byzantine, western and Russian church penitentiary practices, including formation of the institutions of deprivation of liberty and limitation of liberty, were always based on the canon views of ancient Christianity. These views were related to the punishing role of the church and repentance of those, who violated the church rules. This article is devoted to the study of church punishments. Author analyzes the sources of Byzantine church law and differences in the western and Russian orthodox canon theories.
Anthropology of law
Reference:
Chinnova, M.V.
Historical overview of use of legal definition in Russia.
// Law and Politics.
2004. ¹ 12.
P. 109-118.
URL: https://en.nbpublish.com/library_read_article.php?id=49689
Abstract:
Today it is impossible to imagine, say, the Civil Code of the Russian Federation, where one would not find a definition of legal person, or the Criminal Code of the Russian Federation without the definition of theft. And the tendency in the modern Russian legislation is for more and more definitions, since the legislator strives to provide exact meanings for as many legal terms as possible. In this article M.V. Chinnova discusses the history of definitions in the Russian legislation from the times of Peter the Great to our days.
Anthropology of law
Reference:
Martynov, L., Yanbukhtin, N.R., Stafiychuk, I.D.
Peasants’ land share: law, economics, politics.
// Law and Politics.
2004. ¹ 12.
P. 119-132.
URL: https://en.nbpublish.com/library_read_article.php?id=49690
Abstract:
As the authors of this article note, the fortune rarely smiled at Russian peasants. Perhaps, the quantity of land reforms was one sphere, where the peasants could see a lot of changes. During a period of a bit more than 100 years there were 4 land reforms, all of which aimed in different directions. In the light of current land reform in Russia, which had been going on for more than 15 years, our land reform history becomes more and more topical. Authors of this article allow us to take a look at the “land issue” through the prism of the past, to see both historical and legal aspects of the reforms.
History of state and law
Reference:
Ryzhenkov, A.Y., Chernomorets A.E.
Law of state property for forests and depths of earth of Russia: encroachment and destruction.
// Law and Politics.
2004. ¹ 12.
P. 133-141.
URL: https://en.nbpublish.com/library_read_article.php?id=49691
Abstract:
Is it possible to let the subjects of the Russian Federation have the depths of earth as their property? What is the lesson we can learn from the use of the forest resources by the subjects of the Russian Federation in the last twenty years? Authors of this article give their own answers to these questions, provide critical analysis of legislation and existing practice, and, specifically, of the position of Professor M.E. Pevzner on the issue of making the depths of earth property of the subjects of the Russian Federation.
Discussion forum
Reference:
Ryzhenkov A.Ya., Chernomorets A.E.
Investments and regulation of investments. Trapeznikov, V.A., Currency regulation in international investment law. – Moscow: Walters Kluwer, 2004 – 176 p. Mingazova I.V., Tyurina N.E.
// Law and Politics.
2004. ¹ 12.
P. 142-151.
URL: https://en.nbpublish.com/library_read_article.php?id=49693
Abstract:
"…Institution of currency regulation within the sphere of international investment law includes a wide range of issues, such as competence of a state in the sphere of currency regulation, subjects of currency operations, obligations of investors to use foreign currency, as provided by a state, permissibility of currency limitations and criteria for applying such limitations…” The monograph of V.A. Trapeznikov (as reviewed) is devoted to modern problems in the sphere of investment law. The monograph includes studies of investment guarantees in the international law, currency regulations, modern international currency system. This monograph shall be of interest to those, interested in international investment relations, international commercial law, law students and economists, as well as to practical workers in the sphere of foreign economic activity.
Eng
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