Question at hand
Reference:
Lapaeva, V.V.
Modern approaches to formation of the concept of legal development o Russia (from the standpoint of libertary understanding of law)
// Law and Politics.
2006. ¹ 10.
P. 5-17.
URL: https://en.nbpublish.com/library_read_article.php?id=50040
Theory
Reference:
Olkov, S.G.
Precise theory of legal responsibility.
// Law and Politics.
2006. ¹ 10.
P. 18-28.
URL: https://en.nbpublish.com/library_read_article.php?id=50041
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.
Jurisprudence
Reference:
Alimov, R.N.
Development of uniform relations between the provisions of criminal and civil law: an economical approach.
// Law and Politics.
2006. ¹ 10.
P. 29-36.
URL: https://en.nbpublish.com/library_read_article.php?id=50042
Abstract:
As the author of this article points out, the economical analysis of law seems to have became an independent unit within the system of legal and economical sciences. The article concerns itself with various aspects of an economical approach to law, and it contains economical analysis of correlation of criminal and civil law (with examples from the US law and the laws of the European states).
Authority and management
Reference:
Sokolov, A.H., Gubin, Y.I.
Federalism in theory and practice – new approaches.
// Law and Politics.
2006. ¹ 10.
P. 37-43.
URL: https://en.nbpublish.com/library_read_article.php?id=50043
Abstract:
Finding an adequate solution to the problems and contradictions, related to the functioning of federalism in Russia is of paramount importance for its fortune. It is related to dealing with problems of “level of living”, development of economy, migration problems, as well as to the global problems, such as fighting terrorism. Authors of this article try to study both theoretical and practical aspects to this issue, and they claim that their approach to it is novel.
Authority and management
Reference:
Arutyunov, D.R.
Administrative and legal regulation of entrepreneurial activity in specialized economical zones in the Russian Federation.
// Law and Politics.
2006. ¹ 10.
P. 44-51.
URL: https://en.nbpublish.com/library_read_article.php?id=50044
Abstract:
Formation of specialized economic zones is one of key spheres of development of enterpreneurial activity in Russia. It is supposed that in such zones it shall be possible to overcome the shortcomings of what is called “administrative barriers”, that is inefficient work of administrative bodies, related to enterpreneurial activities, and thus, to attract foreign investment and to develop scientific and economic potential of the Russian Federation. The author also discusses the opportunity of passing of the Enterpreneurial Code of the Russian Federation.
State institutions and legal systems
Reference:
Borisova, O.V.
Constitutional economics and legal positions of the Constitutional Court of the Russian Federation.
// Law and Politics.
2006. ¹ 10.
P. 52-59.
URL: https://en.nbpublish.com/library_read_article.php?id=50045
Abstract:
More detailed and complicated legal regulation of market relations is aimed at intgrating the European experience into the Russian reality without violating the constitutional requirements. In such circumstances, the practice of the Arbitrazh Courts, as well as of the Constitutional Court of the Russian Federation is truly worth of studying… As the author points out, the latter court seems to be guided in its activities not only by the Constitution of the Russian Federation as such, but also by the general principle of “public interest of the state”
State institutions and legal systems
Reference:
Bogdanovskaya, I.Y.
Delegated legislation of the common law states: comparative legal aspects.
// Law and Politics.
2006. ¹ 10.
P. 60-65.
URL: https://en.nbpublish.com/library_read_article.php?id=50046
Abstract:
This article by Y.I. Bogdanovskaya is devoted to the topical aspects of delegated legislative activity in the common law countries. As the author points out, the situation is compicated by the fact that the legal doctrine of such states does not have completed and agreed terms as of what is a normative legal act or an individual act, thus, it is not easy to define the legal nature of a particular act. At the same time, there is clearly a set of similar pictures…
Transformation of legal and political systems
Reference:
Trikoz, E.N.
The case of Saddam Hussein at the Special Tribunal for Iraq.
// Law and Politics.
2006. ¹ 10.
P. 66-72.
URL: https://en.nbpublish.com/library_read_article.php?id=50047
Abstract:
On December 14, 2003 the Ex-President of the Iraq Saddam Hussein was captured by the American troups 16 kilometers away from his hometown and put under arrest. After his arrest, there was a heated discussion, as to what tribunal should try it…it was clear that the ICC would not be able to handle the case. Finally, the Government Committee of Iraq and the US Administration agreed upon a special national Iraqi court entitled Iraqi Special Tribunal for Crimes Against Humanity.
International relations: interaction systems
Reference:
Boyarinova, V.O.
International criminal justice as means of ensuring international administration of criminal justice in the current world order.
// Law and Politics.
2006. ¹ 10.
P. 73-78.
URL: https://en.nbpublish.com/library_read_article.php?id=50048
Abstract:
This article contains brief analysis of the role of the international criminal tribunals (Nurenberg Tribunal, Tokyo Tribunal, ICTY, ICTR), with most of analysis concerning the international criminal trials in Tokyo and Nurenberg. As the author points out, while it was quite clear that these two tribunals where the tribunals of victorious states over the states that lost in the WW2, their input into the international law was also valuable.
Public communications
Reference:
Borisov, I.B.
Problems of international legitimization of elections.
// Law and Politics.
2006. ¹ 10.
P. 79-86.
URL: https://en.nbpublish.com/library_read_article.php?id=50049
Abstract:
Today one is forced to state that there are no such things as clear and precise international obligations of the state in the sphere of elections. What we have is a number of declarative statements, which are transformed variously in the national legislation. The article by I.B. Borisov is devoted to the topical problems related to this issue.
Human and environment
Reference:
Chertkov, A.N.
Legal responsibility as means of counteraction to illegal migration to the Russian Federation.
// Law and Politics.
2006. ¹ 10.
P. 87-99.
URL: https://en.nbpublish.com/library_read_article.php?id=50050
Abstract:
The complicated economic and political situation in many CIS countries adds to the illegal migration to the Russian Federation. Additionally, Russia became a transit zone for illegal migration of people from Afghanistan and China, South Asia and South-Eastern Asia, striving for the EU (and quite a number of them ends up staying in Russia). This article concerns with illegal migration as cause of a number of threats to the security of the Russian Federation, the author provides possible solutions.
Human and state
Reference:
Danilova, L.S., Gromov, N.A., Kolesnikov, E.V.
On improvement of legislative definition of evidence in the criminal process.
// Law and Politics.
2006. ¹ 10.
P. 100-111.
URL: https://en.nbpublish.com/library_read_article.php?id=50051
Abstract:
The definition of evidence, as given by Art. 74 of the Criminal Procedural Code of the Russian Federation provides, that evidence is not the factual data (as it was stated in the CPC of RSFSR), but rather “any information, based on which, the court, the prosecutor, the investigator, the inquirer base their conclusions on absence or presence of conditions, subject to proving in a criminal case, as well as other matters of relevance for a criminal case”. While in some foreign states, there is no such thing as definition of evidence, in Russia it is not only necessary, but also is in need of improvement.
JUDICIAL POWER
Reference:
Trunov, I.L., Aivar, L.K., Kharisov, G.H.
Equivalent to the cost of human life.
// Law and Politics.
2006. ¹ 10.
P. 112-120.
URL: https://en.nbpublish.com/library_read_article.php?id=50052
Abstract:
Currently in Russia there is no official and efficient method of calculation of cost of human life for the legal and judicial purposes, while such a method is necessary to calculate compensations for the victims of natural catastrophes and terrorist acts to their relatives. The practice shows that in the absence of an adequate calculation method, the Government of Russia evaluates the cost of loss of human life to be less than a cost of an elite puppy dog. What should we do to adress the problem, if we are to find a solution to the problem of evaluation of cost of human life?
Law practice
Reference:
Panov, S.L.
Social and legal aspects of functioning of the game-machine halls.
// Law and Politics.
2006. ¹ 10.
P. 121-129.
URL: https://en.nbpublish.com/library_read_article.php?id=50053
Abstract:
It is predicted that the game-hall and gambling business growth rate in Russia shall be much more dinamic than in most other countries for about 5 to 7 years. This supposition is, first of all, based on the facts that the people are generally inclined to gambling and are willing to spend their cash on it, that the gambling and game-halls appeared in Russia comparatively recently and that legislation on gambling and game-halls in Russia is quite imperfect. What is the influence of the “gambling factor” on the social sphere in Russia? Is it a blessing or a threat?
Practical law manual
Reference:
Pashov, D.
State Housing Mortgage Bank and the National Project "Affordable and comfortable housing to the people of Russia"
// Law and Politics.
2006. ¹ 10.
P. 130-137.
URL: https://en.nbpublish.com/library_read_article.php?id=50054
Abstract:
It seems that the housing issue holds a high priority in Russia. For example, just in December 2004 27 Federal Laws aimed to “ensure legislative basis for the formation of the housing market” were passed. Almost every region of Russia has its own laws and other normative acts (concepts, instructions, etc.) on this issue, and more than 300 regional laws on housing mortgage have been passed by now. At the same time the situation seems to only get worse day by day. In the opinion of D. Pashov the State Housing Mortgage Bank may be the solution to the problem to a great extent…
Practical law manual
Reference:
D. Pashov
New book by William Bernam \"Legal System of the USA\"
// Law and Politics.
2006. ¹ 10.
P. 137-141.
URL: https://en.nbpublish.com/library_read_article.php?id=50055
Abstract:
At first glance, in Russia, like in no other country, the state pays increased attention to this issue. In December 2004 alone, 27 federal laws were adopted aimed at "legislative support for the formation of an affordable housing market." The National Affordable Housing Project has been adopted at the government level. Almost every region has its own laws, other regulations, programs, concepts, and instructions on this issue. Only more than 300 laws and government resolutions by the subjects of the Russian Federation on the development of mortgage housing lending have been adopted. However, the situation with the accessibility of citizens to purchase and, moreover, to obtain housing, is not improving every year, but is getting worse. According to D. Pashov, the State Housing Mortgage Bank could largely become a solution to the problem…
Biblion
Reference:
I.Z. Farkhutdinov
In the memory of the Patriarch of legal science of Uzbekistan Shavkat Zakarievich Urazaev (1927-2006).
// Law and Politics.
2006. ¹ 10.
P. 142-146.
URL: https://en.nbpublish.com/library_read_article.php?id=50056
Biblion
Reference:
In the memory of Professor N.A. Gromov
// Law and Politics.
2006. ¹ 10.
P. 146-147.
URL: https://en.nbpublish.com/library_read_article.php?id=50057
Biblion
Reference:
Pamyati patriarkha yuridicheskoi nauki Uzbekistana Shavkata Zakarievicha Urazaeva (1927-2006).
// Law and Politics.
2006. ¹ 10.
P. 147-150.
URL: https://en.nbpublish.com/library_read_article.php?id=50058
Biblion
Reference:
Pamyati professora N.A. Gromova.
// Law and Politics.
2006. ¹ 10.
P. 151-151.
URL: https://en.nbpublish.com/library_read_article.php?id=50059
Eng
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