Theory
Reference:
Pavroz, A.V.
Theory of political pluralism as a basis for legal regulation of lobbying.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50988
Abstract:
This article is devoted to the analysis of the problem of optimal legal regulation of lobbying. The author views the functional role of lobbying in the modern societies, and its place in democratic processes of formation of the state policy. The author then comes to a conclusion that the theory of political pluralism is the best conceptual basis for the efficient legal regulation of lobbying. At the end of the article, the author notes the need for a new law on lobbying at the federal state bodies of the Russian Federation based on the principles of pluralism.
Keywords: political science, lobbying, interests, groups, influence, pluralism, democracy, politics, regulation, state
Theory
Reference:
Shishkin, A.G.
Theoretical problems of measures of legal responsibility.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50989
Abstract:
The article is devoted to the measures of legal responsibility from the position of establishing positive and negative aspects of legal responsibility. The author establishes the definition of measures of positive and negative legal responsibility, as well as the general definition of measures of legal responsibility.
Keywords: jurisprudence, responsibility, measures, influence, benefit, sanction, sanction — punishment, stimuli, exemption, positive legal responsibility
Theory
Reference:
Korablev, O.G.
The peaceful settlement as means of protection of civil rights.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50990
Abstract:
The peaceful settlement may be used as a mean of protection in the spheres of procedural and material law alike. The article includes analysis on differences and similarities of procedural and material peaceful settlement, as well as the differences between the peaceful settlement as an institution of introducing changes into the relations, as compared to other civil law means – additional agreement. The author establishes the place and role of the institution of peaceful settlement in the civil legislation of the Russian Federation.
Keywords: jurisprudence, deal, court, agreement, risk, argument, lack of clarity, contract, regulation
Transformation of legal and political systems
Reference:
Dobrynin, N.M., Gligich-Zolotareva, M.V.
On systematization of legal regulation of federal relations.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50991
Abstract:
Some legislative reforms are still unfinished in Russia, and so is the federal reform. The legislative basis of federal relation is at the stage of ongoing reform from 2002 on. The paradox is that the longer the reform of state territorial structure goes on, the less order there is. The authors consider that the reason for this situation is a violation of systemic connections within the legal system of the Russian federalism, and more broadly, within the legal system of Russia as a whole.
Keywords: jurisprudence, federalism, Russia, law, system, structure, legislation, Constitution, codification, norms
Transformation of legal and political systems
Reference:
Bulatov, O.Sh.
Multipartizan system in Russia: problems and perspectives of development.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50992
Abstract:
At the current stage of development of the Russian society, one has to state that Russia still lacks the efficient multipartizan system, which could have been based on real competition of political parties, and facilitate the civil society in our state. This article is devoted to the key problems, which prevent the multipartizan system from the efficient functioning, and the author also establishes the perspectives of its development at the modern stage, analyzes the phenomenon of the “power party” and its role in the political life of modern Russia.
Keywords: jurisprudence, agreement, competition, party, government, course, radical, ruling, crisis, route
Authority and management
Reference:
Poyarkov, S.Y.
The President of the Russian Federation as an ideological institution of the Russian constitutionalism.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50993
Abstract:
This article is devoted to the status of the President of the Russian Federation as an ideological institution of the Russian Constitutionalism. The author establishes the definition of state ideological institution, as well as the ideological role of the President of the Russian Federation, taking his addresses to the Federal Assembly as an example.
Keywords: political science, President, Constitution, constitutionalism, ideology, institution, power, Address, status, politics
State institutions and legal systems
Reference:
Zabaikalov, A.P.
Limitation of voting via mail in the Russian Federation.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50994
Abstract:
This article is devoted to limitations to voting via mail in the Russian legislation. He considers that these limitations are well-based and are in consistence with the world practice. However, the author offers to cancel some of them, for example, to establish the right for voting by post for some categories of electors at the federal elections and referenda.
Keywords: jurisprudence, bulletin, elections, voting, limitation, post, referendum, subject, level, federation.
State security
Reference:
Tkachenko, S.V.
Voluntary and unilateral character of reception of law.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50995
Abstract:
This article is devoted to the phenomenon of the full-scale legal reception. In the Russian legal science, there’s an opinion that legal reception is an unilateral and voluntary process of acceptation of values of the foreign culture, however, this simplified approach to reception leads to mistakes.
Keywords: jurisprudence, law, politics, reception, donor, voluntary character, unilateral character, West, occupation, expansion
State security
Reference:
Kurakin, A.V., Kostennikov, M.V.
Administrative and legal means of fighting corruption risks and bribery in the activities of municipal and state servants (commentary)
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50996
Abstract:
This article is devoted to administrative and legal means for minimizing corruption risks within the activates of state and municipal servants. The authors provide recommendations for avoiding corruption-risky situations.
Keywords: jurisprudence, bribe, corruption, risk, bribery, fighting, counteraction, situation, service, servant
State security
Reference:
Schedrin, N.V.
On improvement of legislative definition of corruption.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50997
Abstract:
The article includes critical analysis of the definition of corruption, which is provided in Art. 1 of the Federal Law “On Fighting Corruption”. The author establishes another definition of corruption, and offers to amend the law with the definitions of key terms “persons of public status”, “profit”, “interests of state and society”, “corruption violation”.
Keywords: jurisprudence, corruption, definition, legislative, status, function, public, interest, profit, person
JUDICIAL POWER
Reference:
Maslyaev, A.M.
Administrative and legal principles of the institution of justices of peace.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50998
Abstract:
The author concentrated his attention on evaluation of 13 administrative legal principles, which are included into the institution of justices of peace. The positive feature of this article is the broad approach to the amount of principle and polemic style. The author attempts to establish the problems of application of these principles in the activities of the justices of peace. The article includes the study of approaches and principal characteristics related to administrative legal principles, while similar principles also appear in other branches of law.
Keywords: jurisprudence, law, principle, court, judicial procedure, classification, law, process, justice, judge
JUDICIAL POWER
Reference:
Abdulvaliev, A.F.
Problems of application of video conferences in the criminal court proceedings.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=50999
Abstract:
Videoconference have been used in courts for about a decade. In these years, there’s quite some experience of use of this technology. The author evaluates positive and negative features of use of this technology in criminal court proceedings towards the convict, the witness and other participants of criminal procedure.
Keywords: jurisprudence, criminal procedure, court, chairman judge, video conference, video translation, cassation, defender, accused, witness
Stabilization systems: fiscal control
Reference:
Kolesnikova, O.V.
Some aspects of ensuring of foreign investments from political risks: the necessity of ensuring investment, comparative analysis of international mechanism of insurance and services, as provided by private insurance companies.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51000
Abstract:
The author, based on the analysis of the arbitration practice of dispute resolution between the foreign investors and the state, which accepts investments, establishes the key reasons why the foreign investment tends to use the mechanism for ensuring foreign investment. The author includes general characteristics of the existing system of ensuring foreign investment from political risks. Much attention is paid to the tendencies of growth of private sector at the investment insurance market, and analyses the functioning of international legal mechanism of insurance as compared to the services offered by private insurance companies.
Keywords: jurisprudence, investment, insurance, risk, subrogation, nationalization, compensation, arbitration, OPIC, MIGA
Stabilization systems: fiscal control
Reference:
Akmanov, S.S.
Agricultural holdings: legal aspects of integration within the system of agricultural credit relations.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51001
Abstract:
The article is devoted to topical problems of establishment and development of the legal status of the agricultural holdings as subjects of agricultural relations, their role in the conditions of global financial crisis and establishing the economic stability of agricultural producing firms, their ability to compete by integration into agricultural holdings. The author offers measures on improvement of legislation, which regulates the holding relations, in which agricultural producers participate.
Keywords: jurisprudence, agricultural holding, legislation, legal draft, integration, holding relations with participation of agricultural producers, agricultural crediting, land, subsidies
Human and state
Reference:
Danilenko, D.V., Pranitskaya, T.O.
Modern aspects of legal regulation of the inviolability of private life.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51002
Abstract:
This article is devoted to the modern aspects of inviolability of private life. The article includes analysis of modern content of the right to inviolability of private life. In particular, the authors single out its application to private life on “inter-individual” horizontal level, analyzes regulation and “balancing” the right to inviolability with other basic rights and freedoms, types of responsibility and subjects of violation of this rights.
Keywords: jurisprudence, human rights, inviolability of private life, content, modern understanding, “horizontal effect” of law, regulation, responsibility, guarantees, protection
Human and state
Reference:
Popova, E.N.
International mechanism of protection of disabled persons.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51003
Abstract:
This article is devoted to the first international convention in the sphere of human rights profection of XXI century – the Convention for the Rights of the Disabled Persons. The study casts light on the role of the Convention in the sphere of protection of disabled persons, as well as on the key stages of acception of this international document, topical issues, which appeared within the process of drafting of the Convention.
Keywords: jurisprudence, disabled persons, rights of disabled persons, Convention for the Rights of Disabled Persons, discrimination, equality, integration, Committee for the Rights of Disabled Persons, Council on Affairs for Disabled Persons
Human and state
Reference:
Nelyubina, E.V.
Legal conscience, legal culture and social human rights: connection and correlation.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51004
Abstract:
The article is devoted to the correlation of the terms “legal conscience”, “legal culture” and “social rights”, it’s one of the first attempts to study the correlation of these categories, and to establish the influence of the level of legal conscience and legal culture on realization and protection of social rights by the people.
Keywords: jurisprudence, conscience, law, knowledge, legal conscience, legal culture, social rights, legal education, realization, protection
Human and environment
Reference:
Vykolova, T.V., Dubovik, O.L., Hans Joachim Koch
Modern ecological law of Germany: new evaluations and perspectives of development.
(review)
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51005
Abstract:
The review of this book includes such aspects as public ecological law, European and national constitutional environment protection law, general ecological administration law, emission law, water protection law, closed cycle of entrepreneurial activity and the legal regulation of waste turnover, environment protection law, soil protection and residual ecological harm, energetic legal directives, atomic law, genetic technical law, law of dangerous substances, ecological protection in planning law, ecology and transportation, ecology and agriculture, ecology protection and the free trade. The book includes analysis of changes in the ecological law in 35 years since the first ecological program in the Government of the FRG.
Keywords: jurisprudence, Germany, ecology, FRG, law, EU, environment, study, practice
History of state and law
Reference:
Kasevich, E.V., Stankevich, G.V.
Development of legal science in Russia in the late XIX and early XX centuries.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51006
Abstract:
In this article the authors evaluate the issues of development of legal science in the period of reforms of that period. The authors analyze the key directions of development of Russian legal thought of late XIX – early XX centuries.
Keywords: jurisprudence, reforms, science, law, legal studies, historism, development
History of state and law
Reference:
Buklova, Z.K.
Historical stages of development (formation) of Russian legal conscience and its peculiarities.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51007
Abstract:
The article is devoted to genesis of formation and development of legal conscience of people, prerequisites and sources of its formation. The author establishes five stages of formation of Russian legal conscience, and also pays much attention to the problems of formation and development of legal conscience at the current period.
Keywords: jurisprudence, legal conscience, paganism, Christianization, Europeization, crisis, process, dissolution, period
Legal and political thought
Reference:
Tsarkov, I.I.
Influence of Christian theology on formation of the institutions of political domination.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51008
Abstract:
The article is devoted to the topic of formation of institutions of political domination in the Middle Ages and the influence of Christian religion on it. The author points out, that the Christianity forms a specific type of legitimacy of political domination, and establishes jurisdiction of public and church authority. Theological type of legitimacy is based on establishing and separating the spheres of faith and mind, which formed a new theory of criminal law (crime and sin), types of guilt (intended, and unintended), concept of legal person, as a subject of power, unlike the previous concepts of a physical person as such as subject.
Keywords: jurisprudence, law, politics, Christianity, faith, mind, freedom, domination, responsibility, history
Jurisprudence
Reference:
Kiselev, S.E.
Definition of search and investigation activity of an investigator.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51009
Abstract:
The article is devoted to the definitions of search and investigation activities taking into account the modern state of criminal process and criminal science. The author studies contents, goal, objects of search and investigation activities.
Keywords: jurisprudence, investigator, search, investigation, activity, measures, objects, persons
Jurisprudence
Reference:
Bogatyrev, E.V.
Legal conscience and justice: mutual relation and mutual prerequisites.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51010
Abstract:
In this article the author attempted to study the correlation of the terms “legal conscience” and “justice”, to establish their correlation, to find out what is the influence of legal conscience on administering justice and image of judiciary in the society, as well as to establish the causes of attitude of people towards judges and courts.
Keywords: jurisprudence, legal conscience, judicial system, judiciary, legal culture, power, society, legal conscience, judge
Discussion forum
Reference:
Charkin, S.A.
“Agricultural forests” – legal regulation and key practical problems.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51011
Abstract:
Neither the Land Code of the Russian Federation, nor the Forest Code of the Russian Federation mention the agricultural use of forests, which are situated on the lands fit for agricultural purposes. In spite of the existing blanks, formation of the forest ranges on the agricultural lands is a very positive goal.
Keywords: jurisprudence, lands fit for agricultural purposes, content of lands, collective farm forests, plots of land, agriculture, protective forest ranges, Land Code, forests of local importance, reorganization of collective farms
Discussion forum
Reference:
Baranovskaya, I.G.
Correlation of obligation and real law in regulation of land rent relations.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51012
Abstract:
This article is devoted to the problem of correlation of obligation and real law in the land rent relations in the Russian Federation. The author used articles, monographs, and dissertation thesis. This article once again has shown the lack of unified approach, which is proven by existence of at least three concepts.
Keywords: jurisprudence, law, land, rent, real, obligation, correlation, regulation, contract, relations
Practical law manual
Reference:
Lukyanenko, M.F.
“Good faith”: law and practice of its application (part 2, final).
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51013
Abstract:
In civil law the term “good faith” is used as a characteristic feature of the subject of legal relation or his behavior, however, since it is an evaluation criterion, it does not include specific elements. The author, based on the analysis of legal literature and judicial practice, attempts to establish the criteria of good faith in real and obligatory relations.
Keywords: jurisprudence, vindication, processing, usucaption, simple lack of care, subjective criterion, “good faith”, lack of authorization, getter
Practical law manual
Reference:
Komarov, A.I., Yarovenko, T.V.
Some problems related to checking on the version of causing death by firearms by accident.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51014
Abstract:
Authors study the topical issues of control and check-up of the version of causing death by accident with use of firearms. The authors pay attention to the possible options for feigning the situation and the mean of causing harm, as well as the issue of recognizing traumatic arms as firearms, and the cartridges as ammunition.
Keywords: jurisprudence, murder, guilt, accident, version, situation, feign, arms, firearms, traumatic, armaments
Practical law manual
Reference:
Kalinovsky, V.A.
The definition of domestic murder and peculiarity of its commission by females.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51015
Abstract:
The author establishes the definition of domestic murder and specific features of its commission by female murderers. He pays attention to correct evaluation of the conflict situation, as well as the impulsive and emotional character of women’s behavior.
Keywords: jurisprudence, murder, situation, women, intent, emotions, extreme emotional disturbance, consequence, peculiarities
Practical law manual
Reference:
Prisekin, A.V.
On the issue of tactics of holding search.
// Law and Politics.
2009. ¹ 7.
URL: https://en.nbpublish.com/library_read_article.php?id=51016
Abstract:
In this article the author evaluates the contents of the tactical elements of holding search in cases on crimes related to narcotic substances. A.V. Prisekin shows a number of tactical structures and operations, based on judicial and investigation practice of the Primorsky region.
Keywords: jurisprudence, search, hideout, drugs, finding, tactic, element, recommendation, counteraction
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