Сетевой журнал «Право и политика». ISSN 2454-0706. Включен в РИНЦ. Зарегистрирован в ISSN International Centre

Contents

Theory
Semenikhina, V.A. — Review of the article by M. Wolff “Morals in Politics: Garve, Kant, Hegel”

Boriev, A.V., Pakhalov, M.Y. — The Second Philosophical and Legal Readings dedicated to the memory of the Academician V.S. Nersessyants
Jurisprudence
Galuzin, A.F. — Legal security as an independent type of security

Apanasevich, O.O. — M. Kovalevsky on the subject and method of the genetic sociology of law

Saidov, A.Kh. — Comparative legal studies and law-making
Authority and management
Chetverikov, V.V. — Administrative and legal means of fighting corruption within the framework of activity of the executive branch

Doronina, O.M. — The Deputy immunity: means or condition for the existence of the parliamentarism
Transformation of legal and political systems
Makartsev, A.A. — Methodological problems of the election regime

Navalny, S.V. — Development of the legal culture within the process of power rotation
Law and order
Kolossovsky, V.V. — Functions of norms of the criminal law on post-crime behaviour

Patrusheva, T.V., Topolskova, M.D., Natyushin, F.Y. — Problems of legal regulation of use of particular types of weapons in the Russian Federation
Stabilization systems: government control
Ryabtchikov, R.V. — On the issue of place and role of the Central Election Commission of the Russian Federation in the modern election process
Stabilization systems: fiscal control
Alpatov, Y.M. — On the issue of the strategy of financial development of the municipal self-government bodies in the modern Russia.

Kurtsev, I.A. — Guarding function of law within the framework of realization of rehabilitation procedures in the process of bankruptcy
International relations: interaction systems
Lapteva, K.N. — Judicial bodies of the states and development, application and primacy of the international law within the legal systems of the states: general characteristic and correlation of the state courts and the international courts and tribunals, certain constitutional limitations of the activities of the judicial bodies of the states and the international law
International security systems
Kayumova, A.R. — International legal standards on fighting illegal turnover of rifle firearms and light firearms and their realization in the Russian Federation
Public communications
Naumov, S.A. — Reality and practice of the public communications
Conflict: tools of stabilization
Scheka, S.A. — On violations of constitutional legal and international obligations in the Russian Federation
Anthropology of law
Napso, M.B. — A right to originality as a legal institution of protection of particular ethnic communities

Tsaliev, A.M., Slanov, O.T. — A right to bodily and physical freedom of the human being within the context of theory of the somatic rights
Human and state
Nikolaeva, Y.V. — Criminal legal evalation of the physical and psychological development of the underage persons from the criminal infringements
Human and environment
Stolyarova, L.V., Stakhievich, S.P. — Novelties of the environment legislation and their correlations with the Constitution of the Russian Federation

Vypkhanova, G.V. — Legal mechanism of information protection of the ecological sphere

Kuchin, O.S., Momot, M.A. — On violations of the forest legislation in the Primorsky Territory
JUDICIAL POWER
Devlikamov, A.A. — Problems of realization of the principle of judicial federalism within the constitutional framework of the Russian Federation
Law practice
Aivar, L.K., Trunov, I.L. — The problem of realization of right of crime victims
Practical law manual
Demchenko, M.V. — Specific features of transportation of goods within the direct mixed communication system and responsibility of the carrier

Panov, S.L. — Correlation of the terms “counterfeit”, “falsified”, “pirate” products: a theoretical aspect

Bessarabova, T.V. — On the issue of the legal basis, nature and contents of the right to dwelling

Zhulyeva, O.E. — Structure of the contract relations in the sphere of managing the apartment building
History of state and law
Tunik, G.A. — Practical heraldry in the modern Russia (political and legal analysis)

Chikhladze, L.T. — Regional management of the Russian empire in the political and legal thought in Russia in late XVIII to the middle of XIX centuries

Taraborina, Y.V. — Russia and France: the cross-cultural exchange within the political and legal sphere in the late XVIII century

Contents details

Theory

Reference:

Semenikhina, V.A. Review of the article by M. Wolff “Morals in Politics: Garve, Kant, Hegel” // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50402

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Abstract: Of all of Hegel’s works there is only one, which touches upon the correlation of morals and politics. In this article the author analyzes the historical context, Hegel’s position and its topicality within the modern science.

Theory

Reference:

Boriev, A.V., Pakhalov, M.Y. The Second Philosophical and Legal Readings dedicated to the memory of the Academician V.S. Nersessyants // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50403

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Abstract: On October 2007 there have been Phylosophical and Legal Readings named after the late Academician Nersessyants…

Jurisprudence

Reference:

Galuzin, A.F. Legal security as an independent type of security // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50404

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Abstract: While the problem of security have always been topical, it now has new edges to it. This article is devoted to legal security.

Jurisprudence

Reference:

Apanasevich, O.O. M. Kovalevsky on the subject and method of the genetic sociology of law // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50405

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Abstract: This article includes analysis of the views of the famous Russian lawyer M.M. Kovalevsky on basic forms of law and political power.

Jurisprudence

Reference:

Saidov, A.Kh. Comparative legal studies and law-making // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50406

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Abstract: Current comparative legal studies are mostly directed at practice.. This article is devoted to use of comparative legal studies in law-making.

Authority and management

Reference:

Chetverikov, V.V. Administrative and legal means of fighting corruption within the framework of activity of the executive branch // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50407

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Abstract: The lack of mechanism for the administrative legal measures is one of the causes of non-systematic and incomplete character of fighting corruption…This article is devoted to theoretical and practical aspects of such legal measures.

Authority and management

Reference:

Doronina, O.M. The Deputy immunity: means or condition for the existence of the parliamentarism // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50408

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Abstract: The issue of responsibility and irresponsibility of the Deputies within the state mechanism retains its topicality in Russia. This article evaluates immunity and its value to parliamentarism.

Transformation of legal and political systems

Reference:

Makartsev, A.A. Methodological problems of the election regime // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50409

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Abstract: Modern legal science tends to view election law as a sub-branch of law. The category of “election regime”, as evaluated in this article, allows to show the tendencies of Russian election law…

Transformation of legal and political systems

Reference:

Navalny, S.V. Development of the legal culture within the process of power rotation // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50410

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Abstract: As the author points out, it is now too early to speak of stable elections in Russia. That is why, it is so important to ensure the evolution and development of the civil society. What are its ways in Russia?

Law and order

Reference:

Kolossovsky, V.V. Functions of norms of the criminal law on post-crime behaviour // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50411

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Abstract: The legislator seems to vary its criminal policy, when it comes to positive and negative post-crime behavior. This article is devoted to the detailed study of criminal norms related to these two types of behavior.

Law and order

Reference:

Patrusheva, T.V., Topolskova, M.D., Natyushin, F.Y. Problems of legal regulation of use of particular types of weapons in the Russian Federation // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50412

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Abstract: The topical issue of protection of people from the negative aspects of use and distribution of weapons in the society have become the subject of the study in relation to the types of weapons and their differentiation in the Russian Federation.

Stabilization systems: government control

Reference:

Ryabtchikov, R.V. On the issue of place and role of the Central Election Commission of the Russian Federation in the modern election process // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50413

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Abstract: The changing political situation in Russia predefines the modern state of the election sphere in the Russian Federation, including changes in the status and powers of the CEC of the RF.

Stabilization systems: fiscal control

Reference:

Alpatov, Y.M. On the issue of the strategy of financial development of the municipal self-government bodies in the modern Russia. // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50414

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Abstract: As the author of this article points out, the practice of municipal self-government development clearly shows a number of problems related to the lack of sufficient and stable financing…

Stabilization systems: fiscal control

Reference:

Kurtsev, I.A. Guarding function of law within the framework of realization of rehabilitation procedures in the process of bankruptcy // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50415

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Abstract: The bankruptcy law is important both to the state and to the society, since bankruptcy of commercial entities inevitably influences the development of the market of a state. That is why, rehabilitation procedures are so valuable…

International relations: interaction systems

Reference:

Lapteva, K.N. Judicial bodies of the states and development, application and primacy of the international law within the legal systems of the states: general characteristic and correlation of the state courts and the international courts and tribunals, certain constitutional limitations of the activities of the judicial bodies of the states and the international law // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50416

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Abstract: The article is centered upon the general characteristics of application of international law by the national judiciaries and the constitutional limitations to such judiciary activities within the context of various states. These limitations should be taken into account, while criticizing the judiciary for non-compliance with the international law…

International security systems

Reference:

Kayumova, A.R. International legal standards on fighting illegal turnover of rifle firearms and light firearms and their realization in the Russian Federation // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50417

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Abstract: Russia is the leader in production of rifle firearms and light firearms in the world, and effective control over its turnover may only be ensured if international standards, including UN standards, are highly regarded…

Public communications

Reference:

Naumov, S.A. Reality and practice of the public communications // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50418

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Abstract: The authors of this article deny the criticism of public communication from the moral standpoint, since the mission of social communications is to support the dynamics of the social relations …

Conflict: tools of stabilization

Reference:

Scheka, S.A. On violations of constitutional legal and international obligations in the Russian Federation // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50419

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Abstract: This article is concerned with the violations of international and constitutional legal obligations of the Russian Federation in the light of practice of the ECHR and implementation of its decisions by the Russian Federation.

Anthropology of law

Reference:

Napso, M.B. A right to originality as a legal institution of protection of particular ethnic communities // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50420

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Abstract: The right of an individual to originality protects not only originality as such, but an individual. Similarly, the collective right to individuality protects the ethnical community as such, its right to existence.

Anthropology of law

Reference:

Tsaliev, A.M., Slanov, O.T. A right to bodily and physical freedom of the human being within the context of theory of the somatic rights // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50421

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Abstract: The reference to somatic rights in itself means the physical, mental and spiritual freedoms of a person in the legal sphere in respect to his own body.

Human and state

Reference:

Nikolaeva, Y.V. Criminal legal evalation of the physical and psychological development of the underage persons from the criminal infringements // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50422

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Abstract: As the author of this article points out, Russian legislation on the rights of underage persons is full of gaps. Dealing with existing problems would help to support normal psychological and physical development of the underage persons.

Human and environment

Reference:

Stolyarova, L.V., Stakhievich, S.P. Novelties of the environment legislation and their correlations with the Constitution of the Russian Federation // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50423

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Abstract: The Russian legislation of the late years in the sphere of environment management and protection of environment have been the subject to much criticism of both professionals and the society as a whole. This article includes critical analysis of legislation in this sphere.

Human and environment

Reference:

Vypkhanova, G.V. Legal mechanism of information protection of the ecological sphere // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50424

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Abstract: Currently it becomes clear that a new global society – an information society is being formed. That is why it is so important to study the legal mechanism of information protection in the sphere of ecology.

Human and environment

Reference:

Kuchin, O.S., Momot, M.A. On violations of the forest legislation in the Primorsky Territory // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50425

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Abstract: Within the last decade in the Far East of Russia more and more timber is being cut, and not only for the internal market, but also for China, Vietnam and other states. A number of violations of law takes place in this sphere.

JUDICIAL POWER

Reference:

Devlikamov, A.A. Problems of realization of the principle of judicial federalism within the constitutional framework of the Russian Federation // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50426

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Abstract: The principle of judicial federalism deals with the two key problems: separation of judicial structures between the Russian Federation and its Constituents, and separation of competence of the federal judicial bodies and the judicial bodies of the Constituents…

Law practice

Reference:

Aivar, L.K., Trunov, I.L. The problem of realization of right of crime victims // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50427

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Abstract: There’s something clearly abnormal, when a legislator strongly protects a criminal, while ignoring the victim’s rights. This article deals with both legal and moral issues…

Practical law manual

Reference:

Demchenko, M.V. Specific features of transportation of goods within the direct mixed communication system and responsibility of the carrier // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50428

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Abstract: The direct mixed communications are rather complicated compared to use of a single type of transportation, especially when regulation of responsibility is concerned. The specific features of this type of transportation have became the subject of this article.

Practical law manual

Reference:

Panov, S.L. Correlation of the terms “counterfeit”, “falsified”, “pirate” products: a theoretical aspect // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50429

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Abstract: At times in reference to counterfeit goods a number of terms is being used, such as “pirate” products, “counterfeit” products, etc. This article aims to bring some clarity into related terminology.

Practical law manual

Reference:

Bessarabova, T.V. On the issue of the legal basis, nature and contents of the right to dwelling // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50430

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Abstract: The problems of legal nature and contents of the right to dwelling, which this article is concerned with, remain topical, since the legal scholars fail to reach a unified view on the nature of this legal phenomenon.

Practical law manual

Reference:

Zhulyeva, O.E. Structure of the contract relations in the sphere of managing the apartment building // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50431

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Abstract: Management of the common property in the apartment building is a novel feature in the Housing Code of 2005. That is why it is important to devote due legal study to this matter in order to find more efficient means of use of this new institution.

History of state and law

Reference:

Tunik, G.A. Practical heraldry in the modern Russia (political and legal analysis) // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50432

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Abstract: Upon the study of the “free part” of the municipal emblems, the author came to the conclusion that while the regional law-makers are free in choosing what they want to see in the free part, the lack of a normative heraldic system leads to some confusion on this issue.

History of state and law

Reference:

Chikhladze, L.T. Regional management of the Russian empire in the political and legal thought in Russia in late XVIII to the middle of XIX centuries // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50433

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Abstract: Throughout the XVIII century the Russian Empire became larger and larger due to inclusion of the Baltic, West – Byelorussian, Ukrainian and Caucasus lands. Thus, its regional government became more liberal as a favor to the local powers, at the same time there was a clear tendency to unified character of management of the outlying districts of the empire.

History of state and law

Reference:

Taraborina, Y.V. Russia and France: the cross-cultural exchange within the political and legal sphere in the late XVIII century // Law and Politics. 2008. № 2. URL: https://en.nbpublish.com/library_read_article.php?id=50434

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Abstract: The XVIII century in Russia was indeed a “French Century”. That is why the study of the cross-cultural exchange between the two states allows to evaluate the influence of France on the Russian state and legal system more fully.