Theory
Reference:
Gulyaikhin, V.N.
Dialectic relation of natural and positive law as a factor of legal socializing of a human being
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51305
Abstract:
Ontologic dualism of law, as formally exhibited in the traditional division of law into natural and positive law is one of the sources of fundamental contradictions in legal socialization of human beings. There’s a dialectic contradiction between these two types of law, and it casts a genetic influence on the processes of legal socializations, during which the subject not only learns the norms of lawful behavior, but also accepts the values of natural law at the spiritual and moral level. And it’s only when a human being understands that positive law is a historically based implementation of the moral requirements of natural law, he shall follow these requirements unconditionally
Keywords:
jurisprudence, law, natural, positive, socialization, legal conscience, dialectic, individual, value, morals
Authority and management
Reference:
Kozhevnikov, O.A.
Public power and non-commercial organizations: some problems of legal regulation and cooperation in the sphere of economics
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51306
Abstract:
The article is devoted to one of the most topical problems of the modern Russia — analysis of legal regulation of interaction between the public state power and the non-commercial organizations in the sphere of economics. In his studies the author of this article comes to a conclusion that the legal grounds for such interaction should not be limited only with help from the state, since non-commercial organizations are fully capable of participation in some spheres of economics
Keywords:
jurisprudence, law, public power, non-commercial organizations, the Constitution of the Russian Federation, economic activity, institution of the civil society, normative legal act, bodies of municipal government, legislation on non-commercial entities
Authority and management
Reference:
Anchin, K.G.
Civil organizations within the structure of Russian non-commercial sector
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51307
Abstract:
The article is devoted to the current state of civil organizations in Russia. The author turns to the issue of establishing and defining this category of subjects of the political process, gives details on specific features of non-commercial organizations, such as civil organizations, political movements, etc. The author turns to the issue of pro-power organizations, which serve specific political functions, but position themselves as independent civil subjects. Based on accessible statistics and open sociological polls the author attempts to analyze the quantity of real civil organizations, which work in Russia and characterize the conditions, in which they are working
Keywords:
political science, civil, organizations, definition, quantity, Russia, non-commercial sector, subjects, society
State institutions and legal systems
Reference:
Schepachev, V.A.
Specific features of local authorities lawmaking process
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51308
Abstract:
The article covers main aspects of lawmaking process at the municipal level. Each stage of this process has been studied thoroughly: planning, introduction of a draft, reading a draft municipal act by authorized body, commencement of a municipal act, its abolition and suspension
Keywords:
lawmaking initiative, draft municipal act, public hearing, referendum, lawmaking process, subject of initiative
State institutions and legal systems
Reference:
Repina, I.B.
Territorial social self-government as a form of implementation of right to local self-government: specific features of its functioning in the modern Russia
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51309
Abstract:
This article shows the role of territorial social self-government within the system of municipal self-government. The author defines the functions of the institution of territorial social self-government as forms of realization of the right to local self-government, as a result of which, she singles out two key models of territorial social self-government. The author then establishes key factors, which require the institution of territorial social self-government
Keywords:
political science, power, government, self-organization, citizens, territory, democratization, competence, institution, self-government, municipal
Stabilization systems: government control
Reference:
Korotkova, O.A.
Expertise of legislation: functional aspect
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51310
Abstract:
The functional purpose of the expert activities is to improve the quality of law-making and legal practice. That is why one needs to evaluate the laws and legislative drafts in order to see whether they are indeed adequate and may be duly executed. As the author points out, there’s need for not only analysis and efficiency prediction of legislation and practice, but also for the analysis of results of their influence on social relations
Keywords:
jurisprudence, expertise, functions, legislation, study, quality, application of law, activity, process, law-makingq
JUDICIAL POWER
Reference:
Brezhnev, O.V.
The immunity of judges of the Constitutional Court of Russia and of the Constitutional (Ustav) Courts of the constituent subjects of the Russian Federation: problems of legal regulation
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51311
Abstract:
The article regards the institution of judicial immunity of the judges of the Constitutional Court of the Russian Federation, as well as of the Constitutional (Ustav) Courts of the constituent subjects of the Russian federation, as one of the key guarantees of independence of constitutional justice. The author analyzes the key immunities of judicial status, notes gaps and contradictions in legal regulation of this status. Based on comparative legal and historical analysis, he shows the tendencies, which are characteristic to legal regulation of immunities of judges of these courts
Keywords:
jurisprudence, judge, constitutional, Ustav, court, immunity, status, guarantee, independence
Transnational interests
Reference:
Shugurov, M.V.
International legal regulation of transfer of technologies in order to ensure protection and stable use of biological variety: problems and solutions
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51312
Abstract:
The article is devoted to the issues of international legal problems of the transfer of biotechnology as instrument for conservation and sustainable use of biodiversity. The author analyses the role and the competence of international organization in the area of biotechnology transfer. The much attention is paid to problems of strengthening of global technological legal order in field of conservation and use of biodiversity
Keywords:
jurisprudence, biological variety, ecology, technological transfer, equality, exchange, development, stability, cooperation, legal order
Human and environment
Reference:
Belokrylova, E.A.
Specific features of formation of the state power of the Russian Federation in the sphere of ensuring ecological safety when developing and applying nanotechnologies
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51313
Abstract:
This article is devoted to specific features of formation and development of state policy in the sphere of legal guarantees of ecological safety, while developing and implementing nanotechnologies in Russia. The author points out legal problems in this sphere, provides comparative legal analysis of ecological legal policy and law-making in the sphere of ecological security of nanotechnologies in the foreign states, and based on this analysis, she offers to improve Russian legislation in this sphere
Keywords:
jurisprudence, state ecological policy, legal guarantees of ecological security, legal protection of environment, innovation spheres of industry, nanotechnologies, Strategy of development of nanoindustry, Strategy of national security of the Russian Feder
Anthropology of law
Reference:
Avdeev, D.A.
Monarchic legal cognition and Republican form of government in Russia
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51314
Abstract:
Unique character of legal cognition and mentality of the Russian people greatly influence the form of government of the Russian state. Legal culture of the modern Russian society is a quality characteristic of existing political, social and economic changes. The author points out, that there’s a correlation between the form of government and legal cognition of the people, and the legal cognition predefines the form of government, which is an object of this article
Keywords:
jurisprudence, legal cognition, mentality, form of government, Russia, democracy, Republic, legal culture, unique character, state power
Anthropology of law
Reference:
Pyuryuna, R.V.
Regional political culture and mechanism of legitimization of political power in the regions of Russia (on an example of the Republic of Tyva)
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51315
Abstract:
Political sphere of life of the region is based on the mindset of a particular society, and much depends on its political culture. The differences among the cultures of the regions and their world views could be regarded as regional differences and images of Russian regions. This, in turn, allows to study regional political culture in more detail, as well as its mechanisms of legimitization of political culture
Keywords:
political science, legitimacy, legitimation, delegitimation, political culture, social and cultural factor, region, Tyva, clans, passivity
History of state and law
Reference:
Tsarkov, I.I.
Criminal policy of ancient civilizations
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51316
Abstract:
The article is devoted to the rules of “criminal codes” of the ancient civilizations and the problem of establishing criminal deeds and their social dangerousness
Keywords:
jurisprudence, history, politics, criminal law, justice, crime, punishment, judicial process, norm-formation, Confucianism
History of state and law
Reference:
Panfilov, A.N.
On the issue of number and condition of the objects of cultural heritage in the modern Russia
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51317
Abstract:
Since the Russian state is turned towards market relations, it’s a popular misconception that a cultural object can be moved, changed and rebuilt without much difficulty. In this article by A.N. Panfilov based on analysis of a wide range of sources he shows the reason why it is impossible to establish more or less exact quantity of historical objects and their condition, formulates provisions on improvement of the situation in this sphere. The author establishes the need for the change in the approaches towards safeguarding objects of cultural heritage in historical settlements, offers ideas for regulating such work at the federal level
Keywords:
jurisprudence, object of cultural heritage, protection, destruction, nihilism, federal law, historic settlement, decentralization, inventory
Practical law manual
Reference:
Kozinchenko, T.N.
Historical aspects of development of legislation on arson
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51318
Abstract:
This article is devoted to the development of the legislation on arson from the ancient times to our days. The author establishes various aspects of criminal law on arson in various periods of life of the Russian state, shows the shortcomings of the modern law
Keywords:
jurisprudence, arson, action, crime, responsibility, punishment, generally dangerous, property, legislation, burning
Practical law manual
Reference:
Voskanyan, I.A.
Right of expert for the initiative and the principle of adversarial process
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51319
Abstract:
This article is devoted to the initiative of an expert on issues, which were not set before him by the investigator. This right, as established by p. 4 of p. 3 Art. 57 of the Criminal Procedural Code of the Russian Federation depending on the situation may contradict the principle of adversarial process
Keywords:
jurisprudence, adversarial, expertise, expert, initiative, rights, versions, accused, victim
Jurisprudence
Reference:
Koutenkov, V.V.
Practice of application of some provisions of the legislation on mortgage of immovable property to the credit relations in the sphere of small business with mortgage of non-housing property
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51320
Abstract:
The author establishes the need for credit support of small businesses, in order to provide them with accessible borrowed money in order to buy non-housing property. The article includes analysis of the amendments in the existing legislation, which are aimed to create an efficient legal mechanism of crediting the small businesses in such situations, as well as of the practical application of legislation in the relations between the largest bank in Russia — the Sberbank of Russia (Savings Bank of Russia) with the small businesses borrowing money from it
Keywords:
jurisprudence, entrepreneurship, small business, credit, crediting, mortgage, contract, bank, immovable property
Jurisprudence
Reference:
Guley, M.V.
Civil law nature of housing and communal fees services
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51321
Abstract:
The article includes the results of scientific and practical study of the housing and communal fees as a civil law category under the Russian legislation, since the author regards the housing law as part of the civil law of Russia. The author provides critical analysis of the views of the Russian legal scholars on definition of service, formulates his own definition, provides classification and characteristic features of such services
Keywords:
jurisprudence, services, provision, legislation, modernization, energy, consumer, communal, reform, housing
Jurisprudence
Reference:
Podlesnykh, T.N.
Customs and tariffs regulation at the stage of regulating social relations
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51322
Abstract:
The author offers to view customs and tariffs regulation as a combination of measures, which are meant to normatively regulate social relations, which form due to application of customs fees to goods, which are being taken over the border. Accordingly to these measures, there’s a set of legal means, which are norms of law, enshrined in normative legal acts, as issued by competent bodies. Such an approach allows to see three levels in such regulation, that is national, international (conventional and institutional) and supranational institutions (integrated organizations)
Keywords:
jurisprudence, customs, fees, tariffs, regulation, methods, sources, national, integration, supranational
Public opinion
Reference:
Danilina-Pustoshinskaya, I.A.
On the issue of legal guarantees of labor of workers employed for seasonal work
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51323
Abstract:
The article is devoted to the legal regulation of work of persons (workers and servants) employed in seasonal jobs. Much attention is paid to general and specific norms, which regulate guarantees to such workers: special breaks for warming and rest, annual paid vacation, additional paid vacation, specific rules of terminating labor contract, benefits in calculating job tenure, additional guarantees to specific categories of workers
Keywords:
jurisprudence, definition of guarantees in labor legislation, general and specific guarantees for persons employed in seasonal jobs, seasonal job, seasonal worker, labor contract, paid vacation, additional guarantees of labor protection
Public opinion
Reference:
Menshenina, N.N.
Social opinion on corruption in Vladivostok
// Law and Politics.
2010. ¹ 8.
URL: https://en.nbpublish.com/library_read_article.php?id=51324
Abstract:
The article includes analysis of the social opinion polls on corruption among the people living in the city of Vladivostok. The author provides comparative analysis of studies in 2004 — 2008, analyzes a number of blocks of information, which in turn establish a problem of uncovering corruption and attitude to corruption
Keywords:
political science, citizens, security, tolerance, officer, power, bribery, respondents, state
Eng
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