Theory
Reference:
Dobrynin, N.M.
Conceptual approaches to evaluation of the mechanism of social control over the public state power and constitutional legal reality in the Russian Federation.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49831
Abstract:
Due to administrative reform, which takes place in modern Russia, there is a lot of discussion going on, which is devoted to the issue of adequacy of the executive branch of government towards the civil society in Russia. N. M. Dobrynin's article provides us with some analysis of this issue as well as with some conceptual approaches to the evaluation of the mechanism of social and parliamentary control over public government.
Theory
Reference:
Kuryachaya, M.M.
Problems of realization of people’s right to referendum.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49834
Abstract:
Referendum holds a special place within the system of democracy, which, in turn, calls for special criteria related to its procedure. These criteria should on one hand, allow the people to resolve the most relevant issues, both locally and federally, and on the other hand, exclude the possibility of abuse and misuse of referendum aimed to bring instability into the political and social situation. M.M. Kuryachaya's article contains analysis of nature and legislative characteristics of referendum, some perspective spheres of its development, which should be included into legislation to guarantee the people's rights.
Theory
Reference:
Olkov, S.G.
Specific theory of legal responsibility.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49835
Abstract:
S.G. Olkov's article is devoted to reviewing the key elements of legal responsibility with specific attention being paid to the issue of "freedom of will" as an element of legal responsibility. Having based his position on objectivity and regularity of human behavior, the author of the article analyzes the goals of punishment and encouragement, specific features of multi-dimensional evaluation issues as related to legal responsibility, provides statistical and other data on this issue.
Theory
Reference:
Bayev, M.O.
On the place of theory of professional defense from accusation within the system of the legal sciences.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49836
Abstract:
Most of the legal scholars and advocates recognize the need for the in-depth evaluation of the theory and practice of professional criminal defense. This is the opinion not only of 94,4% of the lawyers, but also of more than 60 % of judges (authors' poll). This article contains analysis of role and place of this problem, which, as the authors state, should be recognized as so-called "criminal advocatology" within the science of criminalistics.
Transformation of legal and political systems
Reference:
Vetyutnev, Y.Y.
What is a public and legal appropriateness principle?
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49839
Abstract:
In late years the attitude towards public and legal appropriateness principle was reviewed, and, as it was noted, the approaches to it can be characterized as somewhat vague. In this article Y.Y. Vetyutnes presents his theory of public and legal appropriateness and its key characteristics.
History of state and law
Reference:
Zatonsky, V.A.
Functions of a state: general theoretical aspect.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49845
Abstract:
Modern scientific attitude towards the functions of a state, their system and their classification is closely related to other key categories of the theory of state and law and of political science, such as the nature of a state, its social aims, etc. As the author notes, the functional characteristics form the basis for a strong and effective state, which makes their study so topical.
History of state and law
Reference:
Lipinsky D.A.
Positive legal responsibility: pro et contra.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49846
Abstract:
As the author notes, currently there is no generally recognized definition of positive legal responsibility. However, if legal responsibility is diminished to its negative aspects only, its nature cannot be fully revealed, which, in turn does not allow to study the problems of legal responsibility and nature of law itself in their entirety. This article contains analysis of nature and specific features, as well as of value of positive legal responsibility in legal theory.
Conflict: tools of stabilization
Reference:
Naumov, A.M.
Definition of procedural activities of the internal affairs bodies in the sphere of transportation in the process of criminal prosecution.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49847
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.
Practical law manual
Reference:
Smirnova, A.A.
Legal nature of normative legal acts of the executive bodies of the state power of the subjects of the Russian Federation.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49848
Abstract:
When characterizing the normative legal acts of the executive bodies of the subjects of the Russian Federation, one traditionally recognizes their administrative and legal nature, which serve as two elements of a single whole. However, the nature of these normative legal acts is still subject to much discussion and there is no unified approach to it. A.A. Smirnova's article is devoted to this problem.
Practical law manual
Reference:
Borshevsky, A.P.
Historical development and modern state of municipal self-government in Moldova.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49850
Abstract:
A.P. Borshevsky's article contains the study of administrative structures of municipal self-government in Moldova from the time of the first state (on Moldavian territory - IV-I c. B.C.) to the modern state of affairs in the Republic of Moldova.
Discussion forum
Reference:
Ivanov, L.N.
Modern approaches to defining scope and limits of personality analysis with respect to procedural status.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49851
Abstract:
This article contains analysis of polysistemic crime-related personality study within the framework of procedural status of any particular person and procedural limitations in accordance with the Criminal procedural code of the Russian Federation. Author has studied a number of important factors, classified participants of criminal judicial procedure by their procedural status and their availability for personality study. Author set key goals and issues, provided relevant statistics. The article also contains analysis of a number of procedural situations, which are resolved based on personality studies, general and specific models of limits of personality study within criminal procedure.
Academic life
Reference:
Chikhladze, L.T.
Historical and theoretical aspects of development of local self-government and local government in the European states.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49852
Abstract:
Study of historical experience in the sphere of city, community and village self-government plays a great role, when one tries to analyze the issues related to the genesis of the state and law as a whole. This publication presents to the reader L.T. Chikhladze's work on municipal history.
Biblion
Reference:
Solomatina, E.A.
Methods and forms of control of the state power over the activities of law-enforcement bodies.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49853
Abstract:
One of the key goals for today's Russia is to organize effective control of the legislative branch of state power over law-enforcement. Its topicality is due to the state of crisis in this sphere, which is based on destruction of well-balanced law enforcement structure and control mechanism of Soviet times and creation of a new system, which lacks and effective and adequate control mechanism…
Biblion
Reference:
Goltareva, I.B.
Federal state organization and the problem of regionalization: political and legal aspects.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49854
Abstract:
Regionalization is usually both a cause and an effect of democratic processes within a state. How effective is Russian federal policy for ensuring this process? The answer to this question is presented in I.B. Goptareva's article.
Biblion
Reference:
Startsun, V.N.
Foreign experience in the sphere of social protection of military personnel and former military personnel and the problems related to use of this experience in the Russian Federation.
// Law and Politics.
2005. № 9.
URL: https://en.nbpublish.com/library_read_article.php?id=49855
Abstract:
An adequate system of social protection of the military personnel is of key importance for ensuring efficiency of military forces. Every state, however, has its own approach to social and legal protection of military personnel. In this article one may find analysis of the experience of the USA, Germany and France in this sphere, the author also elaborates on the issue of applicability of foreign approaches within the Russian military reform.
Question at hand
Reference:
Anokhina, S.V.
Formation and development of the institution of representation from the ancient times to the late XVIII century.
// Law and Politics.
2005. № 9.
P. 4-11.
URL: https://en.nbpublish.com/library_read_article.php?id=49829
Abstract:
Institute of representation has deep historical roots. Traditionally, it provided those, who were unable to represent themselves in court due to physical or moral reasons, with adequate protection. Then court representation became a professional activity. In S.V. Anokhina's article she studies the genesis and development of representation from the very first written code till the end of XVIII century.
Question at hand
Reference:
Baev, V.G.
European constitutionalism after the Napoleon: German experience.
// Law and Politics.
2005. № 9.
P. 11-21.
URL: https://en.nbpublish.com/library_read_article.php?id=49830
Abstract:
Although historical experience of German constitutionalism is obviously relevant and interesting for Russia, Russian historical and legal science does not seem to pay enough attention to it. This article is devoted to filling this gap, and is, in fact, a part of a voluminous study on German constitutionalism, which is meant to analyze the ideological and theoretical roots and organization basis of German constitutionalism after Germany was freed from Napoleon's rule. The Constitutions of the German Union, Viennese Acts of 1815, as well as the Constitutions of the South German states served as a primary source for the study.
Theory
Reference:
Mityukov, M.A.
Judicial constitutional review (1924-1933): nature, goals and specific features.
// Law and Politics.
2005. № 9.
P. 22-27.
URL: https://en.nbpublish.com/library_read_article.php?id=49832
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.
Theory
Reference:
Dubovik, O.L.
Ecological law and ecological conflicts.
// Law and Politics.
2005. № 9.
P. 27-36.
URL: https://en.nbpublish.com/library_read_article.php?id=49833
Abstract:
Professor O.L. Dubovik's article is devoted to the problems of development and application of ecological law in the sphere of ecological conflicts. Author presents her thoughts on necessity and specific features of her approach, characterizes a conflict as such, and as a subject of regulation by the ecological law. The article also contains some basic provisions, which define the influence of ecological law on conflicts, as well as analysis of the need for ecological law due to ecological conflicts, and ways of improvement of the current state of affairs.
State institutions and legal systems
Reference:
M.M. Dorfman
Disciplinary procedure in respect of advocates: experience of the Israeli Bar.
// Law and Politics.
2005. № 9.
P. 37-43.
URL: https://en.nbpublish.com/library_read_article.php?id=49837
Abstract:
The highest percentage of advocates among the population is in Israel. In fact, there is one advocate for each 200 people living in Israel. In this article M.M. Dorfman reviews the key definition, rules and characteristics of disciplinary procedures towards the advocates in Israel.
Transformation of legal and political systems
Reference:
Kobzar, D.A.
Judicial resolution of constitutional legal disputes: on the issue of competence in the sphere of obligatory payments.
// Law and Politics.
2005. № 9.
P. 44-51.
URL: https://en.nbpublish.com/library_read_article.php?id=49838
Abstract:
In accordance with the Art. 57 of the Constitution of the Russian Federation each citizen has an obligation to pay lawfully imposed taxes and levies. The key issues, which are of relevance to application of normative legal acts in this sphere, are the limits to the competence of the Government of the Russian Federation in the sphere of obligatory levies and taxes, as well as definitions of "taxes" and "levies". These are the issues of constitutional legal character, and this article contains analysis of the practice of the Constitutional Court of the Russian Federation and of the Supreme Court of the Russian Federation in the sphere.
Transformation of legal and political systems
Reference:
Aivar, L.K., Trunov, I.L.
Some aspects of the new law on taxation of property, which is inherited or received as a gift.
// Law and Politics.
2005. № 9.
P. 52-80.
URL: https://en.nbpublish.com/library_read_article.php?id=49840
Abstract:
On June 15, 2005 the State Duma passed the law, by which the taxation of property, which is inherited or received as a gift, was abolished. This law caused much approval in the Russian society. Which are its key provisions of this law and what are the possible difficulties? The authors review, in particular, the problems, related to the sums of state and notarial fees in this sphere.
Authority and management
Reference:
Samigullin, V.K.
The dusk of law or reevaluation of values?
// Law and Politics.
2005. № 9.
P. 81-97.
URL: https://en.nbpublish.com/library_read_article.php?id=49841
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.
Authority and management
Reference:
Seregin, N.S.
Problems of security and cooperation in the NorthEastern Asia.
// Law and Politics.
2005. № 9.
P. 97-106.
URL: https://en.nbpublish.com/library_read_article.php?id=49842
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.
Human and state
Reference:
Smirnova, E.S.
Problems of legal status of foreigners and globalization. Moscow, 2003. – 463 p.
// Law and Politics.
2005. № 9.
P. 107-121.
URL: https://en.nbpublish.com/library_read_article.php?id=49843
Abstract:
This is the review by O.Zh. Samatov on E.S. Smirnova's book. As O. Zh. Samatov notes, this book continues the series of E.S. Smirnova's monographs, devoted to the issues of citizenship in the European Union, the NIC, and in Russia. This book also contains analysis of human rights issues and shall be of great interest to both practicing lawyers and legal scholars.
Anthropology of law
Reference:
Peter Ackroyd.
London. Biography. (Translated from English by Vladimir Babkov and Leonid Motylev). Gallows and gallows-birds.
// Law and Politics.
2005. № 9.
P. 122-129.
URL: https://en.nbpublish.com/library_read_article.php?id=49844
Abstract:
Peter Ackroyd gives us a special chance to take a look at the medieval London, and to try to understand who were its inhabitants. This part of his book is devoted to gallows, gallow-birds and to the famous hangmen of London. Starting from the XIV century, there may be found much written evidence of public punishments, and the hanging became a type of entertainment for the folk of London. However, there is also a belief in London, that if one sees the gallows in his dreams, such a dream means great riches in the future.
Practical law manual
Reference:
Rachkov, I.V.
Decision of the International Court of Justice: immunity and general jurisdiction over dispute.
// Law and Politics.
2005. № 9.
P. 130-138.
URL: https://en.nbpublish.com/library_read_article.php?id=49849
Abstract:
On February 14, 2002 the International Court of Justice put the stop to the argument on criminal prosecution by the state of those, who hold international immunity. This article by I.V. Rachkov contains detailed analysis of the Congo v. Belgium case, where the International Court of Justice reviewed in detail the issues of diplomatic immunity and of universal jurisdiction.
Eng
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