Transformation of legal and political systems
Reference:
Popova, S.S.
The principle of avoidance of double taxation in the decisions of the Constitutional Court of the Russian Federation.
// Law and Politics.
2005. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=49746
Abstract:
Numerous applications to the Constitutional Court of the Russian Federation were devoted to avoidance of double taxation, however, the principle of avoidance of double taxation was not clearly set in any one particular decision of the Constitutional Court. This is why this issue still retains topicality, especially now, when the tax reform is going on. This article contains analysis of the practice of the Constitutional Court of the Russian Federation on the issue of double taxation.
Stabilization systems: fiscal control
Reference:
Tsarkov, G.A.
Clear lack of clarity of legal positivism.
// Law and Politics.
2005. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=49753
Abstract:
Development of legal knowledge in XIX and XX century was dominated by positivism, and legal positivism was one of the most powerful representatives of this trend. Legal positivism have always been attracting scholars by clarity of its provisions. However, as the authors of the article note, legal positivism is in fact neither optimistic or clear. This article is devoted to analysis of history of legal positivism, and it includes reviews of positions of Bentham, Mill and Austin, critical analysis of key provisions of legal positivism.
Stabilization systems: fiscal control
Reference:
Aliev, T.T.
Role of the institute of review of judicial acts due to newly found circumstances within the system of civil court procedure.
// Law and Politics.
2005. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=49754
Abstract:
Review of judicial decisions due to newly found circumstances is one of the key guarantees, allowing to deal with judicial errors, apply the court procedure in order to restore the balance and mend the wrongs in a particular case, after the decision of the lower court came into force. Of course, one would not say that judicial errors are unavoidable, however, the very presence of possibility of such review shows that the legislators considered the risks of judicial errors…
Biblion
Reference:
Chigvintseva, N.A.
International legal convention policy: definition, specific features and perspectives of development.
// Law and Politics.
2005. ¹ 4.
URL: https://en.nbpublish.com/library_read_article.php?id=49761
Abstract:
As the author of this article notes, studying international legal convention policy helps one to gain a deeper understanding of interdependence of states and their cooperation related to global problems. N.A. Chigvintseva’s article contains analysis of international legal convention policy, its subjects, political agreements, and of the problems of optimization of national legislation (for example, within the Russian-Byelorussian relations).
Question at hand
Reference:
Aleshin, A.V.
Legal status of a state mediator within the sphere of military and technical cooperation of the Russian Federation and the foreign states.
// Law and Politics.
2005. ¹ 4.
P. 4-14.
URL: https://en.nbpublish.com/library_read_article.php?id=49741
Abstract:
In this article A.V. Aleshin studies specific features of the status of a state mediator in export trade of military (defense) products. As the author notes, this type of activity can be realized only within the limits of specifically set powers, so the subjects of trade have to have specific legal capacity for the international trade in military sphere. This article contains analysis of various kinds of legal capacity, modern legislation and gaps in it.
Theory
Reference:
Ryzhov, A.B.
Managing the quality of legislation.
// Law and Politics.
2005. ¹ 4.
P. 15-27.
URL: https://en.nbpublish.com/library_read_article.php?id=49742
Abstract:
As the author of this article notes, modern state of quality management in the sphere of legislation does not meet the expectations of the people. What are the rules for a quality legislative draft? This article includes analysis of recommendations on technical and legal qualities of legislative drafts, as provided by the Legal department of the State Duma of the Russian Federation. Author also pays attention to the issues of culture of legislative activity, provides an example of quality control in the sphere of legislation in Nizhegorodsky oblast.
Theory
Reference:
Galuzin, A.F.
The principle of “legal security” and the system of criminal law, criminal procedure and legislation on investigation of the Russian Federation.
// Law and Politics.
2005. ¹ 4.
P. 28-35.
URL: https://en.nbpublish.com/library_read_article.php?id=49743
Abstract:
Implementation of the legal security principle calls for a new approach to improvement of criminal law, criminal procedural law, and legislation on investigation activity, as well as to their application for the purpose of fighting crime. Prosecuting and investigating practice should be set so that it would meet its principal goals: not to allow for groundless legal proceedings, to protect not guilty ones from punishment and to ensure punishment of those guilty of crimes. Otherwise, a mistake in a particular criminal case may in the end cause harm to the legal security of a state, so even more caution and attention is needed in each case…
Theory
Reference:
Luparev, G.P.
Constitutional characteristics of a state: their contents and meaning.
// Law and Politics.
2005. ¹ 4.
P. 35-40.
URL: https://en.nbpublish.com/library_read_article.php?id=49744
Abstract:
Analysis of texts of constitutions allows one to note that more and more attention is paid by the legislators to characterizing the state. Early constitutional acts characterized a state very briefly, and at best, they contained information on the form of government. However, by the mid-XIX century, constitutional documents gave more detail to characteristics of a particular state. This article contains analysis of a number of constitutional formulae, as well as of determining factors, such as economy, political and ideological priorities of particular governments, which influenced constitutional characteristics of a state.
Authority and management
Reference:
Zepalov, A.V.
On the issue of conflict of laws regulation and material regulation within the international private law.
// Law and Politics.
2005. ¹ 4.
P. 41-47.
URL: https://en.nbpublish.com/library_read_article.php?id=49745
Abstract:
Currently correlation of conflict of laws and material regulation in the sphere of private international law, as well as allegedly lessening value of the conflict of laws in this sphere became the topics of heated discussion by scholars and practitioners. Author of this article studies patterns of legal regulation of international private law in order to cast light upon specific features of the conflict of law method and the material regulation method, their use and their perspectives.
Transformation of legal and political systems
Reference:
Samatov, O.Z.
Specific role of organization of the convention on collective security in more effective CIS integration (international legal problems).
// Law and Politics.
2005. ¹ 4.
P. 48-61.
URL: https://en.nbpublish.com/library_read_article.php?id=49747
Abstract:
Once the world entered the XXI century, new problems shook it and influenced all of the states, including the CIS states, causing sufficient changes in modern international relations. As the author of this article notes, currently the CIS states have to decide whether they are going to fight terrorism and other threats (such as a violent overthrow of existing government) alone, or they are going to try to ensure collective security within the framework of international conventions on collective security, principles of international law, the UN Charter, resolutions of the Security Council of the UN, as well as the CIS acts.
State institutions and legal systems
Reference:
Trapeznikov, V.
International investment law: new approaches of the Russian science of international law in theory and practice.
// Law and Politics.
2005. ¹ 4.
P. 62-70.
URL: https://en.nbpublish.com/library_read_article.php?id=49748
Abstract:
Managing investment relations in the globalising world gains more and more international character, so more and more issues in the sphere of protection of foreign investments are partially outside the limits of jurisdiction of one particular state. That is why this sphere should be regulated by mutual efforts of states for higher level of control over international investment system, and theoretical study of the issue is so topical. This is a review of I.Z. Farkhutdinov’s studies in this sphere.
State institutions and legal systems
Reference:
Shestakova, E.V.
Theoretical and practical aspects of application of model legislation in the CIS states.
// Law and Politics.
2005. ¹ 4.
P. 71-77.
URL: https://en.nbpublish.com/library_read_article.php?id=49749
Abstract:
This article contains a study of parallel development of integration within the CIS and development of the model laws since 1992. Author of this article comes to a conclusion that within the CIS, where the states do not share united territory, implementation of model law provisions takes place only in some specialized areas, while model laws do not seem to provide realistic solutions to economical and political challenges of the CIS.
State security
Reference:
Leneva, I.G.
Protection of investors rights: local problems.
// Law and Politics.
2005. ¹ 4.
P. 78-84.
URL: https://en.nbpublish.com/library_read_article.php?id=49750
Abstract:
In Russia 40 million people lost their savings in the bank system and various financial «pyramids” between 1991 and 1998. This article continues I.G. Leneva’s study of the problem of protection of investor’s rights, contains more detailed analysis of the guarantees provided to an investor in Russia, of the laws on banking and investments, as well as of the problem of subsidiary responsibility of the state or the Central Bank of the Russian Federation to an investor (a physical person).
International relations: interaction systems
Reference:
Pashov, D.
Realization of the rights of the deposit holder.
// Law and Politics.
2005. ¹ 4.
P. 85-92.
URL: https://en.nbpublish.com/library_read_article.php?id=49752
Abstract:
Modern Russian law provides for two stages for realization of the deposit holder’s rights. Stage one is seizure of property, and stage to is sale of deposit property. D. Pashov’s article contains analysis of Russian legislation and positions of leading scholars, author also study the problem of mortgage and housing deposit.
Stabilization systems: fiscal control
Reference:
Sarkisov, A.K.
Problems related to deposit of the securities within the modern Russian legislation.
// Law and Politics.
2005. ¹ 4.
P. 93-100.
URL: https://en.nbpublish.com/library_read_article.php?id=49755
Abstract:
Deposit plays a special role in the sphere of means of ensuring performance of the obligation. This role of deposit is related to such problems as non-return of credit, non-payment of forfeit payments. In such cases deposit has many positive features. It is considered that depositing securities is one of the most complicated kinds of deposit, both technically and theoretically (first of all, due to complicated legal nature of securities as an object of legal relations in the sphere of civil law). The author of this article reviews problems, which arise in practice of depositing securities, and calls for more detailed legislative regulation of this sphere, and possibly introducing state registration of the security deposit deals.
Anthropology of law
Reference:
Samkharadze, D.G.
Custom as a source of international law.
// Law and Politics.
2005. ¹ 4.
P. 101-111.
URL: https://en.nbpublish.com/library_read_article.php?id=49756
Abstract:
Scope of customary law is one of the most complicated issues in the sphere of international law. Its importance is due to the fact that it binds even non-parties to the conventions, as well as due to the fact that many spheres and institutions of international law contain customary law norms, and that new customary law norms appear in various spheres of international law, where due to various reasons it is impossible to apply regulation by conventions. In D.G. Samkharadze’s article one can find analysis of nature and characteristics of customary law norms, study of positions of leading Russian and foreign legal scholars, and of international practice.
History of state and law
Reference:
Mityukov, M.A.
On history of the Constitution of the Russian Federation of 1993.
// Law and Politics.
2005. ¹ 4.
P. 112-120.
URL: https://en.nbpublish.com/library_read_article.php?id=49757
Abstract:
For ten years by now the problem of reviewing and amending the Constitution of the Russian Federation is being actively discussed by politicians and political technologists, as well as by legal scholars. As the author of this article notes, when dealing with this issue, one should not forget that modernization of constitutional provisions always causes “great turmoil”, and the very history of the Constitution of the Russian Federation of 1993 itself, which is discussed in this article, could serve as proof of it.
History of state and law
Reference:
Koshelev, D.A.
Specific features of reforming judicial system and criminal law by the national-socialistic government.
// Law and Politics.
2005. ¹ 4.
P. 120-126.
URL: https://en.nbpublish.com/library_read_article.php?id=49758
Abstract:
In this article D.A. Koshelev studies legal reform, which was held by the national-socialists, who came to power in Germany in 1930s. The reform changed the court system and court procedure, criminal and criminal procedural law, legislation on citizenship. As a result of this nazi reform, which also included change of direction of development of legal science, status of judge and lawyer, new sphere of law - racial law was formed and it was intermingled with the law on citizenship and criminal policy, which was clearly punishment-oriented and aimed to set the nazi hegemony. Judicial process gained very subjective character and became just a “bureaucratic formality” which took place before “enemies of the nation” and “unreliable ones” were destroyed.
Discussion forum
Reference:
Zaporozhets, A.M.
The Technical regulation code (on its topicality for the Russian Federation).
// Law and Politics.
2005. ¹ 4.
P. 127-133.
URL: https://en.nbpublish.com/library_read_article.php?id=49759
Abstract:
In this article Professor A.M. Zaporozhets reviews the Federal law “On technical regulation”, which came into force on July 1, 2003. Author also studies current state and future perspectives of technical and industrial policy of the Russian Federation, and, as it is noted in this article, the above-mentioned law is aimed to bring changes to the technical policy in the nearest decades. Once the reform of legislation on technical regulation is completed, it may become the basis for the formation of the structure of the state industrial policy.
Practical law manual
Reference:
Pavlova, I.Y.
Legal problems relating to declaring nominal deals void in court.
// Law and Politics.
2005. ¹ 4.
P. 134-145.
URL: https://en.nbpublish.com/library_read_article.php?id=49760
Abstract:
I.Y. Pavlova’s article contains analysis of contradictions between the judicial practice on declaring nominal deals void and requirements of civil law of the Russian Federation. The author studies scientific and practical issues related to the problem, compares the situation in Russia to the experience of Germany in this sphere, and also offers a way to reformulate pp. 2 of p. 2 of Art. 166 of the Civil Code of the Russian Federation in order to deal with existing contradictions.
International relations: interaction systems
Reference:
Farkhutdinov, I.Z.
International investment law: theory and practice of application. Moscow “Walters Cluwer” 2005 432 p. (ISBN 5-466-00073-6.)
// Law and Politics.
2005. ¹ 4.
P. 148-151.
URL: https://en.nbpublish.com/library_read_article.php?id=49751
Abstract:
This is a review of the monograph of I.Z. Farkhutdinov, which is devoted to the key issues of the new sphere of international law - international investment law. The author’s analysis of the problems of modern investment law is worth of much praise and detailed analysis of facts and legal practice makes this book a must for all those interested in the problems of international investment relations.
Eng
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