Theory
Reference:
Kelsen, H.
Legal theory of agreement (final part)
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50849
Abstract:
The author views “agreement” as a theoretician, which allows him to study this phenomenon of law, from the standpoints of international and national law. Based upon various types of agreements, he views agreement as a norm, that is a necessary part of any and every legal order. In particular, he studies the procedure of concluding agreements, their law-evaluation function, the relationship of agreement (convention), the subjects, who are bound by the convention norm, and the cessation of agreement, the sphere of material validity of agreements, conflicts between norms of agreements, etc.
Keywords: agreement, contract, procedure of concluding agreement, convention norm, convention relation, the subject of convention agreement, conflict of norms of agreement, validity of agreement, types of agreement
Theory
Reference:
Kuznecov E.V., Shikhanov, V.N.
Problems of expediency of legislation: structural and functional analysis.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50850
Abstract:
The article includes analysis of a popular problem of conflict between structure and functions of legislation, as well as of dysfunctional events. Through the prism of expediency the authors attempt to formulate the directions for the improvement of legislation, making legal regulation more efficient, based upon the theory of state and law.
Keywords: jurisprudence, law, legislation, expediency, legality, function, structure, norm-creating, state, principles
Transformation of legal and political systems
Reference:
Shkel, S.N., Dorojkin U.N., Yamalova E.N.
Political and legal aspects of formation of demographical policy in the Republic of Bashkortostan.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50851
Abstract:
The article is devoted to the analysis of formation of the normative legal basis of the Republic of Bashkortostan in the sphere of childbirth and modern demographic policy in the region. The author singles out the regional peculiarities of institutionalization of demographic policy, as a specific sphere of state development. The author also establishes key tendencies and problems for dealing with demographic crisis at the regional level.
Keywords: political science, demography, politics, law, formation, region, Bashkortostan, birth rate, death rate, depopulation
Authority and management
Reference:
Severny, V.G.
Advance conservatism of Russian politics.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50852
Abstract:
The article includes analysis of the identity of the modern Russian policy from the ideological standpoint. The political institutions and ideology are viewed as corresponding matters, which, as combined, have a certain political unity. The ideology of the Russian politics is pragmatic approach, which brings it close to the international political mainstream – transnational market radicalism. The conservatism as such does not contradict radicalism, as it is a part of the process of its institutionalization. The characteristic feature of the Russian politics is the primary role of market universalization – integration of Russia into the international institutions, formation of the political identity of Russia at the international arena, as compared to the goals of inner market localization.
Keywords: political science, politics, power, ideology, conservatism, liberalism, pragmatism, institutions, elite, communications
Authority and management
Reference:
Shestakova, O.G.
General plan of the city of Moscow: some issues of legal regulation and tendencies of development.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50853
Abstract:
Review is devoted to some issues of legal regulation of territorial planning in the city of Moscow. It is devoted to some issues of history, formation, realization and actualization of the General Plan of the City of Moscow. Additionally, the analysis includes some features of the City-Planning Code of the City of Moscow in the sphere of realization of General Plan of the City, and territorial planning.
Keywords: jurisprudence, general plan, Moscow, city planning, territorial planning, the City-Planning Code of Moscow
Stabilization systems: government control
Reference:
Kulichenko, N.A.
Problems of integration in the legal migration policy of the Russian Federation and in Germany.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50854
Abstract:
This article introduces the reader into the problems of migrant integration into the accepting society, both in Russia and in Germany. The author compares normative legal acts of these countries, in order to evaluate the possibilities for the adaptation of the foreign experience, see the ways and perspectives of development of migration policy in Russia in the sphere of migrant integration.
Keywords: jurisprudence, migration, immigration, integration, Germany, adaptation, emigrees, compatriots, demography, society
Stabilization systems: fiscal control
Reference:
Aganina, R.N.
Subjects of professional audit.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50855
Abstract:
This article is devoted to the topical issue of cancellation of licensing of audit and transfer to the self-regulation. The author reviews the issue of legal regulation of subjects of professional audit.
Keywords: jurisprudence, law, audit, evaluation, subject, self-regulation, membership, licensing, quality, service
Stabilization systems: fiscal control
Reference:
Dobrynin, I.N.
Regulation and control over the functioning of the national loan and financial institutions and the international financial crisis.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50856
Abstract:
The article includes characteristic features of structure and tendencies of development of the banking sector and state regulation of national loan and financing systems of the Great Britain, China, the USA, and Germany. Based on the comparative analysis the author singles out general characteristics of functioning of modern banking systems. Based on comparative analysis of foreign and Russian experience, the author provides offers to reform the existing mechanism of regulation of the control over banking system in Russia by separation of the control and some regulating function from the Central Bank into the Federal Service on Bank Control and Financial Control, Agency for the Restructuring of Credit Organizations, and the Federal Fund for the Insurance of Bank Accounts. Much attention is paid to improvement of international regulation of credit and financing systems within the Bretton – Wood agreements, due to the influence of globalization, formation of a global financial system.
Keywords: jurisprudence, banks, loan and financing institution, control, banking system, financial crisis, banking, services
Public communications
Reference:
Kuzmin, A.G.
Modern Russian nationalism: general situation, tendencies and perspectives.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50857
Abstract:
The article is devoted to theory and practice of modern Russian right-wing radical movement, based on analysis of key political organizations of the modern Russia. The author views specific features of its unlawful practices, and tendencies of activities of the radical national groups, as well as some new tendencies of the millennium. The author pays much attention to evolution of ideology and structural changes within the Russian national parties in early XXI century. He also studies the attempts of consolidation by the radical right-wing movements and their attempts to participate in election processes in Russia.
Keywords: Russian nationalism, right-wing nationalism, xenophobia, skinheads, national — patriotism, Russian fascism, extremism, propaganda
Conflict: tools of stabilization
Reference:
Aliev, Djasaret Khidayat – ogly
Ethnos and nation – correlation of categories.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50858
Abstract:
In the past the correlation between the “ethnos” and the “nation” was viewed variously. They were either viewed as categories of the same order, or the ethnos was viewed as a part of nation, or nation was seen as a higher stage of development of the ethnos. Nevertheless, it is important to establish the difference between them and their relations.
Keywords: political science, ethnos, nation, nationality, culture, language, traditions, values, state
Human and state
Reference:
Yaroslavtsev,S.F.
Ecological and motor transportation policy of some foreign states: the modern tendencies.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50859
Abstract:
The modern state of ecology in many urbanized areas of the world is seen as critical. The motor transportation and the related infrastructure is the main source of input of harmful substances into the environment. That is why the states should establish the efficient ecological transport policy and mechanisms of its successful realization. The analysis of experience of some developed foreign states shows, that the USA, Japan, the EU states take active steps in this direction, and their experience should be applied in Russia too.
Keywords: jurisprudence, ecology, car transportation, environment, ecological and motor transportation relations, ecological policy, legal regulation, law
Human and environment
Reference:
Maleshina, A.V.
Institution of provocation under the English criminal law.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50860
Abstract:
This article is devoted to the analysis of institution of provocation in the English criminal law, problems of its practical application and further reforming. The defense by reference to provocation establishes qualification of the act as a plain manslaughter, since at the moment of crime a person acts due to loss of control, which, in turn, is caused by provocative behavior of the victim. In spite of the long history and detailed regulation, the institution of provocation still changes in order to be perfected, that is why its analysis is quite topical.
Keywords: jurisprudence, provocation, manslaughter, England, heat of passion, defense, self-control, qualification, punishment, criminal
JUDICIAL POWER
Reference:
Smakhtin, E.V.
Activities of the investigator as one of the objects of scientific studies in criminal science.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50861
Abstract:
The article is devoted to the issues, which are related to the studies of activities of the investigator through the prism of object and method of criminal science.
Keywords: jurisprudence, law, investigator, subject, object, cognition, criminal science, investigation, tactics, criminal, crime
Jurisprudence
Reference:
Biktagirov, R.T.
Subject of law as a general legal category.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50862
Abstract:
In spite of the key value of the term “subject of law” for all of the branches of law, it still is a rather little-studied sphere in the theory of law and hardly the best-regulated part of jurisprudence. This article evaluates this category within the general legal framework.
Keywords: subject, law, category, branch of law, jurisprudence, science
Jurisprudence
Reference:
Levin, Y.V.
Topical issues of marriage contract in the Russian Federation.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50863
Abstract:
Formation of the institution of marriage contract is recognized by most researches as a normal stage of development of law and contract relations. In spite of various forecasts for the future development of this institution, the right of spouses to conclude such a contract is recognized. While many publications are devoted to spousal contracts in the Russian Federation, the issue itself remains topical, and the lack of unified theoretical position makes resolution of particular disputes in practice rather complicated. This article is devoted to key theoretical issues, which remain unsolved, and practical application of spousal contracts.
Keywords: jurisprudence, spousal contract, legal regulation, conclusion, voidance, temporal scope, subjects, contents of spousal contracts, regimes of property, personal non-property rights
Jurisprudence
Reference:
Makeev, P.V.
“Non-residential premises”: definition, nature and characteristic features.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50864
Abstract:
The article is devoted to theoretical and practical aspects of regulation of non-residential premises. The author analyses provisions of the Civil Code and the Housing Code of the Russian Federation, other normative legal acts, positions of renowned legal scholars, and provides a definition of non-residential premises.
Keywords: jurisprudence, law, premises, non-residential, characteristic features, immovable property, isolation, purpose, suitability for the purpose
Jurisprudence
Reference:
Nesterovsky, I.O.
Payment for the services of the representative in civil and arbitration procedure (criterion of reasonability).
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50865
Abstract:
The article is devoted to the topical issue of establishing the reasonable limits when establishing payment for the services of representative (advocate) in civil and arbitration (commercial) proceedings. Sometimes the judges use unlimited judicial discretion, when they establish the reasonable amount of compensation. The author offers a list of criteria for reasonable size of compensation, including factual loss of time.
Keywords: representative, trustor, compensation for legal assistance, payment for the representative’s services, claming the costs, reasonable costs, complicated case, practice of payment, amount of time spent, economical spending, list of criteria for the evaluation
Law practice
Reference:
Potapkov, A.A.
Testament or rent: the means to lower the risks.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50866
Abstract:
The issues of disposing of one’s property remain topical at any time. At the same time along with the traditional institution of testament, there’s also rent, and more and more people use it. In this article the author analyzes key characteristic features of rent and testament, with due attention paid to positive and negative aspects, as well as possible risks and the means to lower the risks in question.
Keywords: jurisprudence, disposing of property, will, testament, rent, risks, minimization, void deal, types of rent, rent payments, rent
Practical law manual
Reference:
Lesin, A.V.
Stages and consistent patterns of development of constitutional legislation.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50867
Abstract:
As the author of this article pointed out, in last 7-9 years, the Russian legislation changed much. Currently there’s no unified opinion on rightfulness and necessity of existing reforms, timely changes, and solutions to problems arising. In order to understand the nature of the reforms, the author studies objective patterns in the constitutional legislation of the USSR, RSFSR, and other Republics of the USSR since the moment of its formation. Based on the results of these studies, the author comes to a conclusion that the constitutional legislation has to be amended due to political, economical and other factors of development of our society.
Keywords: jurisprudence, stages of development, reforms, the Soviet period, legislation, Constitution, RSFSR, Constitution of the USSR, Republics, Constitutionalism, patterns
History of state and law
Reference:
Pavroz, A.V.
Russian super-Presidentialism: the processes of formation and role in overcoming the transformation crisis of the late 80s – early 90s of the XX century.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50868
Abstract:
The article is devoted to the studies of formation of the super – Presidential system of government in Russia. The author analyzes social and historical prerequisites, political fight, which lead to the super-Presidential Constitution of 1993, as well as the constitutional and legal basis for the Russian super-Presidentialism. The author then comes to a conclusion on natural character of super-Presidentialism, its positive role in support of the Russian statehood and overcoming of the transformation crisis of late 80s – early 90s of the XX century.
Keywords: political science, super-Presidentialism, Russia, reforms, Eltsin, Constitution, President, Parliament, Government, power, crisis
History of state and law
Reference:
Islamova, E.R.
Historical review of formation and development of the procedural powers of the Prosecutor at the stage of institution of proceedings at the Soviet period.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50869
Abstract:
The article continues the topic of publication in the journal “Law and Order” (n.3, 2008), where the process of formation and development of legislation on procedural powers of the prosecutor at the stage of institution of legal proceedings was evaluated. This article is devoted to realization of these powers at the Soviet period. The author points out, that the first acts, which established the powers of the Prosecutor after the Revolution were the Provision on Prosecutor Review of 1922, and the Criminal Procedural Code of 1922. The prosecutor became the key actor of the criminal investigation, and he was not allowed to transfer the obligation to institute a criminal case to the investigators, and at the same time he performed control functions. However, the CPC of 1922 did not provide for detailed regulation of the powers of the Prosecutor, so they were formed in practice and latter reflected in the CPC of the RSFSR of 1960.
Keywords: jurisprudence, law, procedural, powers, prosecutor, institution of case, criminal, case, Soviet, period
History of state and law
Reference:
Trunov, I.L.
Tendencies of the legal policy in Russia.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50870
Abstract:
The article is devoted to the tendencies of latest changes in the Russian legal policy, the drafts of changes into the Constitution of the Russian Federation and the Russian legislation.
Keywords: jurisprudence, amendments to the Constitution of the Russian Federation, unified judicial power, changes in the Criminal Code of the Russian Federation, state treason, spying, limitations to jury trials, efficient criminal policy, quantity of imprisoned population, liberalization of the legal policy of the Russian Federation
Discussion forum
Reference:
Grafsky, V.G., Lapteva, L.E.
Philosophy of law in Russia: history and modern time (the 3rd Philosophical and Legal Readings in the Memory of Academician V.S. Nersesyants).
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50871
Abstract:
The collection includes the speeches at the 3rd Philosophical and Legal Readings in the Memory of Academician V.S. Nersesyants. The key speech “Law: the Past and the Future” was provided by the Correspondent Member of the Russian Academy of Sciences Maltsev, G.V. The topics of speeches at the roundtable were devoted to several key problems of the Russian philosophy of law, including the history of its formation, current situation and topical aspects of its peculiarities. The sections were devoted to two vast issues of modern philosophical and legal concepts: “The Liberty Theory of Human Rights” and “The Modern Understanding of Law: the Input of the Representatives of the Integral Jurisprudence”. One of the key methodological approaches had become the integral understanding of law. Among the speakers there were representatives of scientific and scholarly centers of Russia, Ukraine, Belarus, Armenia, Kazakhstan, and Uzbekistan.
Keywords: philosophy of law, understanding of law, Nersesyants, liberty, integral, jurisprudence, human rights, freedom, equality, justice, sociological jurisprudence
Academic life
Reference:
Kotov, A.S.
Perspective of investment cooperation: Azerbaijan, Germany, Kazakhstan, Russia.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50872
Abstract:
From November 21 to November 23, 2008 within the framework of cooperation of the leading scientific and scholarly institutions of Azerbaijan, Germany, Kazakhstan and Russia, the conference was held, which was devoted to the law of foreign investments. Leading legal scholars and practitioners from these countries took part in this conference, and so did the representatives of international organizations. The conference was devoted to topical problems of legal regulation of foreign investments at the current stages, as well as perspectives of this branch of law. Among the renowned scholars, who took part in this conference, there were A.Trunk, G.Velyaminov, M.Suleymanov, R.Hausmann.
Keywords: conference, investment law, the bilateral investment treaty, ICSAD, MIGA, UNCD, the Kiel University, The Institute of State and Law, the Volkswagen Fund, A. Trunk, G. Velyaminov, M. Suleymanov, R. Hausmann, I. Farkhutdinov
Academic life
Reference:
Seregin, N.S.
The USA: the search for the reference points for the foreign policy.
Fukuyama, F. America at the Cross-Roads. Democracy, Power and the Neo-Conservative Legacy. M.”Khranitel”, 2007, - 283 p.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50873
Abstract:
From November 21 to 23, 2008, a conference dedicated to the law of foreign investment was held within the framework of the cooperation project of leading scientific and educational institutions of Azerbaijan, Germany, Kazakhstan and Russia. The conference was attended by leading scientists and specialists from these countries, as well as representatives of international organizations. During the conference, the most pressing problems of legal regulation of foreign investments at the present stage were raised, as well as prospects for the development of this branch of law were outlined. The conference was attended by such prominent experts in this field as A. Trunk, G. Velyaminov, M. Suleimenov, R. Hausmann.Keywords: conference, investment law, bilateral investment agreement, ICSID, MIGA, UNCTAD, Kiel University, Institute of State and Law, Volkswagen Foundation, A. Trunk, G. Velyaminov, M. Suleimenov, R. Hausmann, I. Farkhutdinov
Biblion
Reference:
Fedulova, A.S.
Activities of the social and political funds
of the Federal Republic of Germany
in the modern Russia:
basic aspects of evaluation of results
and perspectives.
// Law and Politics.
2009. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=50874
Eng
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