Question at hand
Reference:
Mukhamed-Irekle, A.
Right in theory - good for practice.Open letter to the Presidium of the Russian Academy of Sciences devoted to perpetuation of the name of the V.S. Nersessyants, Academician of the Russian Academy of Sciences.
// Law and Politics.
2005. ¹ 12.
P. 4-20.
URL: https://en.nbpublish.com/library_read_article.php?id=49887
Abstract:
In summer 2005 our famous contemporary legal scholar Academician of the Russian Academy of Science V.S. Nersessyants passed away. His doctrine of state and law can truly be seen as a classic one. At the same time, while V.S. Nersesyants never made new knowledge keenly “practical”, the author of this article wishes to express a number of thoughts, related to theoretical inheritance of V.S. Nersessyants on interdisciplinary connections of jurisprudence, and dialectics of law, in memory of Academician Nersessyants…
Theory
Reference:
Lipinsky, D.A.
Positive legal responsibility: pro et contra (part 2).
// Law and Politics.
2005. ¹ 12.
P. 21-32.
URL: https://en.nbpublish.com/library_read_article.php?id=49888
Abstract:
Discussion on the issues of positive legal responsibility has been going on for several decades by now. Really, it is necessary to study positive legal responsibility, and who but the legal scholars are best suited for the task? At the same time there is quite much terminological confusion, while there is no generally accepted definition of positive legal responsibility. E.g., positive legal responsibility is referred to as active responsibility, perspective responsibility, positive-moderate responsibility, promotional responsibility, some authors identify it with sence of duty or legal responsibility. In D.A. Lipinsky’s article one can find complex analysis of this problem. The author also reviews contradictions in modern theory of law, criticizes positions of a number of Russian legal scholars, such as M.I. Baytin, N.P. Koldaeva.
Theory
Reference:
Bondar, N.S., Djagaryan, A.A.
Administrative law as unity of material and procedural basis.
// Law and Politics.
2005. ¹ 12.
P. 32-37.
URL: https://en.nbpublish.com/library_read_article.php?id=49889
Abstract:
This article contains a review on the scientific work of Y.A. Tikhomirov, which, in turn, is devoted to the key issues of an academical course on administrative law and administrative procedure. As the authors note, Y.A. Tikhomirov is one of not many legal scholars, specializing in the sphere of theory of state government and administrative law, who at all time have been persistently stating their scientific position, calling for a reasonable balance between values of power and freedom, centralization and decentralization, government and self-government as a part of construction of state mechanism of power within a democratic society.
Authority and management
Reference:
Chikhladze, L.T.
Historical and theoretical aspects of development of local self-government and local government in the European states (part 1).
// Law and Politics.
2005. ¹ 12.
P. 38-47.
URL: https://en.nbpublish.com/library_read_article.php?id=49890
Abstract:
Historical experience in the sphere of state, community and rural self-government, which has been accumulated over thousands of years of development of human society, plays a great role in understanding of the genesis of state and law as a whole. This work by L.T. Chikhladze is devoted to the issues of municipal history, and also to a lenghty and contradictory process of formation of local government and self-government of various European states, as mirrored in their modern conditions. Author also views municipal issues related to the NIS countries, as well as problems of centralization and decentralization, of concentration and deconcentration.
State institutions and legal systems
Reference:
Mityukov, M.A.
Judicial constitutional review (1924-1933): nature, purposes and specific features.
// Law and Politics.
2005. ¹ 12.
P. 48-62.
URL: https://en.nbpublish.com/library_read_article.php?id=49891
Abstract:
The Constitution of the USSR of 1924 does not concern itself much with judicial issues, and the courts were not even recognized in it as a special kind of an independent state body. What was the role of the courts and their functions within the system of state bodies in 1920-1930s Russia? What are the specific features of constitutional review by the Supreme Court of the USSR at that time? M.A. Mityukov’s article contains answers to these and other relevant questions.
Transformation of legal and political systems
Reference:
Samatov, O.Zh.
International legal basis of Shanghai Organization of Cooperation, as an instrument of stability and development in the Central Asian region of the CIS.
// Law and Politics.
2005. ¹ 12.
P. 63-71.
URL: https://en.nbpublish.com/library_read_article.php?id=49892
Abstract:
The Member States of the so-called “Shanghai Five”: China, Russia, Kazakhstan, Kyrgyzstan, Tadjikistan, which inherited all the problems of the former Soviet-Chinese border after the USSR collapsed, form the international legal basis of the Shanghai Organization of Cooperation. Unique geopolitical situations of the SOC Member States allows us to hope that the SOC shall become a transnational bridge between the European and the Asian continents. O.Zh. Samatov’s article contains analysis of the key international documents and of the SOC practice, its value and potential for the stabilization in the region.
International relations: interaction systems
Reference:
Seregin, N.S.
Problems of security and cooperation in the North-Eastern Asia.
// Law and Politics.
2005. ¹ 12.
P. 72-83.
URL: https://en.nbpublish.com/library_read_article.php?id=49893
Abstract:
The problems of security and development of the NorthEastern Asia do not always seem to be the center of attention of the mass media. However, this region is of great geostrategical value. Currently, many complicated issues are centered upon the Korean Peninsula with the People’s Democratic Republic of Korea and the Republic of Korea. In this article one may find the review of the international conference devoted to the new approach to the peace and security on the Korean Peninsula, which took place in Moscow from 26th to 28th of May, 2005.
Law and order
Reference:
Naumov, A.M.
Definition of procedural activities of the internal affairs bodies with use of transport, while doing criminal pursuit.
// Law and Politics.
2005. ¹ 12.
P. 84-89.
URL: https://en.nbpublish.com/library_read_article.php?id=49894
Abstract:
In A.M. Naumov’s article he reviews the key aspects of procedural activities of the internal affairs bodies in the sphere of transportation. The author pays attention to the subjects of procedural activities, its forms, goals and aims, as well as to modern legislation and gaps in it.
Law and order
Reference:
Zabeida, A.V.
Some problems related to securing rights, freedoms and person of juror in the Russian Federation.
// Law and Politics.
2005. ¹ 12.
P. 90-112.
URL: https://en.nbpublish.com/library_read_article.php?id=49895
Abstract:
Being a juror in Russia is far less safe and advantageous, than it is in the US and the Western states. Russia lacks a clear juror protection system, and often the jurors do not get their financial compensation for their service. This article concerns the guarantees of independence and personal immunity of jurors, necessary security measures. Author analyzes new features of Russian legislation (such as Art. 298 of the Criminal Code of the Russian Federation “Slander on juror”), points out the blanks and gaps in the Russian legislation. The article also contains the study of relevant experience of the USA, including the issues of guarantees of jurors’ security and US Marshals service.
JUDICIAL POWER
Reference:
Gulidov, P.V.
Local government bodies as bodies of guardianship and trusteeship: key problems and perspective of reform.
// Law and Politics.
2005. ¹ 12.
P. 113-123.
URL: https://en.nbpublish.com/library_read_article.php?id=49896
Abstract:
P.V. Gulidov’s article contains complex analysis of the role of local government bodies in the sphere of guardianship and trusteeship from the times of the USSR to the current local government reform in the Russian Federation. The author studies the role of the local government bodies in social protection of the people, legal basis of activities of such bodies in the sphere of trusteeship and guardianship, including relevant provisions of the Family Code and the Civil Code of the Russian Federation, of housing legislation. The article also contains the study of problems related to delegation of state powers in this sphere to local government, as well as to some issues of regional legislation. Finally, the author offers his view on the ways to solve existing problems by amending Russian legislation.
Human and state
Reference:
Kachalova, I.V.
Right to common residence (housing rights of the members of the family of the owner, the tenant: the member of the housing society).
// Law and Politics.
2005. ¹ 12.
P. 124-135.
URL: https://en.nbpublish.com/library_read_article.php?id=49897
Abstract:
Right to common residence is an institution, whish came into being in the Soviet law. Russian legislators recognized family members as specific subjects of legal relations in the sphere of housing and provided them with specific civil law right referred to as the “right to use of living quarters”. This right is not known to foreign housing legislation. I.V. Kachalova’s article contains analysis of relevant provisions of Russian law, of contents of this right, its correlation to the proprietary interest, the dynamics of the right to common residence. The author also studies subjects of the right to common residence, correlation of the modern right to common residence with the right to limited use of living quarters in the Roman law.
Practical law manual
Reference:
Samigullin, V.K.
The dusk of law or reevaluation of values?
// Law and Politics.
2005. ¹ 12.
P. 136-142.
URL: https://en.nbpublish.com/library_read_article.php?id=49898
Abstract:
The fall of the legal tradition, the dusk of law, the crisis of law and state, of health sphere, education and science - these are the topical issues in the Russian society, and they are often discussed. What does, in fact, happen in the sphere of law? Maybe there are grounds for a more optimistic forecast? As the author of this article Professor Samigullin notes, it seems that the case is not exactly the crisis of law. Rather, it’s the crisis of legal conscience, appreciation of law, which is caused by reevaluation of legal values due to the transition from the authoritarian approach to law towards a more humanistic approach, and which may in the end lead to a new type of legal understanding in our society.
Discussion forum
Reference:
Zaitseva, S.A., Popova, N.A.
Classification of material evidence.
// Law and Politics.
2005. ¹ 12.
P. 143-151.
URL: https://en.nbpublish.com/library_read_article.php?id=49899
Abstract:
Classification of material evidence is rather important in practical work, since it allows to organize the process of their collection, study, evaluation and use correctly, to allocate them within the system of evidence in a case. This article contains analysis of classifications of material evidence and relevant correlation, as recognized in procedural law and legal literature.
Eng
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