State institutions and legal systems
Reference:
Bandurina, N.V.
Legal regulation of the system of administration of state property.
// Law and Politics.
2011. ¹ 12.
P. 1988-1992.
URL: https://en.nbpublish.com/library_read_article.php?id=51638
Abstract:
The article is devoted to the legal aspects of formation and functioning of the system of administration of the state property.
The author analyzes the elements of state property, as well as functions of the state bodies in this sphere, and the problems
regarding this sphere.
Keywords:
jurisprudence, state, budget, property, management, enterprise, state power, register, administration.
State institutions and legal systems
Reference:
Mikhailov, M.V.
General characteristics of legal regulation of the system of education in the modern Russian
state.
// Law and Politics.
2011. ¹ 12.
P. 1993-1997.
URL: https://en.nbpublish.com/library_read_article.php?id=51639
Abstract:
Currently the situation in the sphere of education is not stable both socially and politically, and this causes much discussion
on goals and correct settings of legal regulation in this sphere. It seems the most rational to modernize the existing
legislation by necessary amendments and additions and to develop a codifi ed legal act, which would be able to integrate
all levels of the education system. At the same time the modernization of the Russian education cannot achieve its goals
without quality improvement of the legislative system, and establishing effi cient mechanisms for the legal regulation of
education relations.
Keywords:
jurisprudence, state, law, legislation, education, regulation, systematization, competence, quality, implementation.
Authority and management
Reference:
Gurin, A.A.
Problems and perspectives of interaction of the prosecution, the law-enforcement bodies and the
entrepreneurial entities in the sphere of application of law by the managing bodies in the sphere of entrepreneurial
activity.
// Law and Politics.
2011. ¹ 12.
P. 1998-2003.
URL: https://en.nbpublish.com/library_read_article.php?id=51640
Abstract:
The article is devoted to analysis of gaps in the sphere of normative (including legislative) regulation of the issues of interaction
of the prosecutors with the public governance bodies (fi rst of all – law-enforcement bodies) and with the institutions
of civil society (entrepreneurs, as a single social group). The author offers to amend the Federal Law “On the Prosecution
of the Russian Federation” and to clarify some issues among government bodies by a special agreement. The author classifi
es key corruption offences and crimes, which are committed by the offi cials of the bodies, controlling the entrepreneurial
sphere, then he names optimum ways of organization and improvement of interaction of the activities of the prosecutors,
law-enforcement bodies and the entrepreneurial entities in the sphere of implementation of law by the government bodies
in the sphere of entrepreneurial activity.
Keywords:
jurisprudence, prosecution, interaction, law-enforcement bodies, controlling bodies, entrepreneurial activity, civil society, corruption, coordination of the activities of the law-enforcement bodies, legality.
Authority and management
Reference:
Scherbak, E.N.
Regional specifi c features of the state management in the sphere of higher education in the conditions
of market economy.
// Law and Politics.
2011. ¹ 12.
P. 2004-2008.
URL: https://en.nbpublish.com/library_read_article.php?id=51641
Abstract:
The current stage of development of the society sets the new goals before the state, including the improvement of management
of higher education at the time of formation and development of the market for higher education. A number of objective
factors facilitates the process of regionalization of legislation in the sphere of higher education. Improvement of regional
legislation is possible based on unifi ed methodological and conceptual basis, which in turn may ensure greater integration
in this sphere of legislation.
Keywords:
jurisprudence, higher education, legislation, market economy, education market, state policy, constituent subjects of the Federation, management, regions, cadres.
Transformation of legal and political systems
Reference:
Kushtakova, A.A.
Development of statehood in the Republic of Dagestan after the constitutional reform of 2003.
// Law and Politics.
2011. ¹ 12.
P. 2009-2017.
URL: https://en.nbpublish.com/library_read_article.php?id=51642
Abstract:
The article includes analysis of the changes, which took place after the Constitution of the Republic of Dagestan was passed
in 2003. In order to protect Russian statehood from the year 2000 on there was a number of measures regarding reforms
of federal relations, guarantees of stronger federation, united legal territory, constitutionality and legitimacy of all levels
and all branches of the state government. The author compares the Constitution of the Republic of Dagestan in 1994 and
in 2003. The analysis shows that most amendments took place in the norms regarding state bodies, including introduction
of the presidential position. While under the Constitution of the Republic of Dagestan of 1994 the head of the executive
branch was a collegiate body – the State Council of the Republic of Dagestan, the current Constitution of 2003 introduce
the offi cial position of the head of the executive branch of power – the Head of the Republic. All other changes are mostly
related with the systematization and bringing the constitutional provisions into accordance with the changes, which took
place in the federal legislation.
Keywords:
political science, Dagestan, republic, power, Constitution, reform, state, President, problem, annulment.
Transformation of legal and political systems
Reference:
Shebzukhova, T.A.
Civil society and state: problems and perspectives of interaction.
// Law and Politics.
2011. ¹ 12.
P. 2018-2021.
URL: https://en.nbpublish.com/library_read_article.php?id=51643
Abstract:
The author analyzes the correlation of the principle of determinism with the anthropological interpretation of the term
“freedom”. The author then shows the problem of moral, legal and political aspects of freedom and self-fulfi llment.
Keywords:
political science, politics, totalitarian, democracy, personality, duality of slavery and mastery, power relations, law, morals, principle of determination
State security
Reference:
Getz, R.N.
Neo-institutional bases of the political extremism in the Russian state: attempts of counteractions.
// Law and Politics.
2011. ¹ 12.
P. 2022-2027.
URL: https://en.nbpublish.com/library_read_article.php?id=51644
Abstract:
The institutional transformation of the political extremism is determined by the transfer from formal institutions to informal
institutions at the time when the repressive state policy of the USSR infl uenced the development of informal extremist practices,
and catalyzed them after the breakup of the Union state. It seems that extremism should weaken as the state transfers
to democracy, however the Russian state shows the opposite process: growth of radical attitudes, which are not capped by
state or civil society, which is a peculiarity of the political process in Russia. This situation shows the need to activate the
government bodies and the civil society in order to avoid political extremism via various means, including technological.
That is why we should single out civil technologies, which should be used in fi ghting political extremism.
Keywords:
political science, extremism, technology, values, institutionalization, counteraction, institutions, legitimacy, evolution, ideology.
Law and order
Reference:
Fedotova, N.P.
Problems of construction of sanctions for the willfully causing grave harm to human health.
// Law and Politics.
2011. ¹ 12.
P. 2028-2035.
URL: https://en.nbpublish.com/library_read_article.php?id=51645
Abstract:
The article is devoted to the problem of construction of sanctions for the willfully causing the grave harm to human health.
The science of criminal law did not pay enough attention to this issue. The need for a new study is due to the amendments
in the criminal legislation. The author establishes the position for the optimization of sanctions, e.g. for the sanction of 3-4
years of imprisonment, taking into account the degree of social danger and the personality of the criminal.
Keywords:
jurisprudence, sanctions, legislation, health, grave harm, system, punishment, person, convict, social danger.
Law and order
Reference:
Pirzadaev, A.N.
The defi nition of “consequences of crime” and its value of application of punishment in the criminal
law of the Republic of Kazakhstan.
// Law and Politics.
2011. ¹ 12.
P. 2036-2041.
URL: https://en.nbpublish.com/library_read_article.php?id=51646
Abstract:
This article is devoted to the role of criminal consequences for the establishment of punishment in the criminal law of the
Republic of Kazakhstan. The author shows various points of view in this sphere, as well as his own. It should be noted that
currently the issues of growth of criminal activities are topical for the society as a whole. It should be noted that anti-social
characteristics of the crime are not limited to action or lack of action, it continues in the harm, which is caused by this
behavior.
Keywords:
jurisprudence, society, crime, consequences, responsibility, behavior, action, punishment, Kazakhstan.
JUDICIAL POWER
Reference:
Bykov, V.M.
The new law on the courts of general jurisdiction in the Russian Federation: the scientifi c commentary
(part 1).
// Law and Politics.
2011. ¹ 12.
P. 2042-2046.
URL: https://en.nbpublish.com/library_read_article.php?id=51647
Abstract:
The article is devoted to the new Federal Constitutional Law of February 7, 2011 N.1 – FKZ “On the Courts of General
Jurisdiction in the Russian Federation”. The author analyzes the new law from Art. 1 to Art. 16 and shows the possibilities
for improvement.
Keywords:
jurisprudence, courts, system, principles, the Supreme Court, the competence, the staff, the Plenum, the Presidium, the powers.
JUDICIAL POWER
Reference:
Manyak, N.I.
Challenging the judicial acts in civil and arbitration process.
// Law and Politics.
2011. ¹ 12.
P. 2047-2052.
URL: https://en.nbpublish.com/library_read_article.php?id=51648
Abstract:
The article is devoted to the key amendments, which were introduced by the Federal Law n. 353 –FZ of December 9, 2010
into the Civil Procedural Code of the Russian Federation. These amendments change the order of challenging of judicial
decisions on civil claims. The author views the provisions for the general implementation of the right to appellate challenge
to the decisions by both the justices of peace and the federal courts of general jurisdiction, as the fi rst instance courts, for
the formation of the appellate instances at the courts of general jurisdiction of the Russian Federation at all levels, appellate
procedures at the 2nd instance courts. Much attention is paid to the new cassation challenge of judicial decisions, which are
already in force, and to its peculiarities. The author also shows a number of shortcomings in the amendments.
Keywords:
jurisprudence, civil process, arbitration process, unifi cation of legislation, challenging of judicial acts, appeals instance, cassation instance, review instance, procedure at the court of appeals, procedure at the cassation courts.
JUDICIAL POWER
Reference:
Akulin, O.S., Tarnavsky, O.A.
Some topical issues regarding the procedural fi gure of a victim in a criminal procedure
of the Russian Federation
// Law and Politics.
2011. ¹ 12.
P. 2053-2056.
URL: https://en.nbpublish.com/library_read_article.php?id=51649
Abstract:
The article is devoted to some issues regarding procedural status and role of the victim in the Russian criminal judicial
procedure. The authors’ point of view is that a victim is a key fi gure. The authors also show the topical issues regarding
the procedural activities of the victim of crime, and the ways to solve the existing procedural problems.
Keywords:
jurisprudence, victim, rights and private interests, procedural status, compensation of harm, legislation, crime, protection, judiciary, criminal procedural code.
Stabilization systems: government control
Reference:
Scherbak, A.E.
Legal aspects of state expertise of project documentation in the sphere of construction of electric
power objects.
// Law and Politics.
2011. ¹ 12.
P. 2057-2062.
URL: https://en.nbpublish.com/library_read_article.php?id=51650
Abstract:
This article is devoted to some issues of legal regulation of state expertise of project documentation for the construction
objects in the sphere of electric power industry. The author analyzes the contents of the expertise, as well as the powers of
the executive body, and the general provision on construction review.
Keywords:
jurisprudence, construction, electric energy, state expertise, technical regulation, security, town-planning, project documentation, evaluation, construction review.
Stabilization systems: fiscal control
Reference:
Vorontsova, A.I.
Procedures of control and analysis of the unlawful bankruptcy.
// Law and Politics.
2011. ¹ 12.
P. 2063-2068.
URL: https://en.nbpublish.com/library_read_article.php?id=51651
Abstract:
The article is devoted to the structural elements of forensic characteristics of the criminal bankruptcy. The author briefl y
provides the methodology of audit under the Methodological recommendation on expertise on fi ctitious or purposeful
bankruptcy, as well as goals and aims for such audit.
Keywords:
jurisprudence, bankruptcy, calculation, property, documents, fi ctitious, audit.
XXI century International law
Reference:
Brizetsky, S.N.
Institutional legal bases of the guarantees for the rights of the disabled persons within the framework
of international obligations of the Russian Federation.
// Law and Politics.
2011. ¹ 12.
P. 2069-2076.
URL: https://en.nbpublish.com/library_read_article.php?id=51652
Abstract:
The article is devoted to the institutional and legal guarantees of the rights of disabled persons within the framework of
international obligations of the Russian Federation. The author shows the key theoretical and legal bases for the guarantees
of this king and their correlation with the general guarantees of human rights and right of citizen. The author then views
the issues of implementation of international law, guaranteeing the rights of disabled persons, into the law of the Russian
Federation.
Keywords:
jurisprudence, institutional legal guarantees of human rights, international obligations of the Russian Federation, basic rights and guarantees of basic rights and freedoms, supremacy of law, theory, international law, domestic law, human rights, basic rights and freedoms of disabled persons.
Human and environment
Reference:
Petrenko, O.V.
Concept of the rights of the future generations in the international and national law: problems,
tendencies, perspectives.
// Law and Politics.
2011. ¹ 12.
P. 2077-2083.
URL: https://en.nbpublish.com/library_read_article.php?id=51653
Abstract:
The limited resources and changes of climate of Earth made both scientists and politicians at international and national
level deeply worried by the protection of the interests of the future generations, due to which the concept of the rights of
the future generations was formed. Under this concept the theory of fairness in relations between generations and the
principle of responsibility of the current generation towards the future generation have appeared and were enshrined in
the international law and national constitution, upheld by the judicial bodies. In spite of the fact that the future generations
cannot protect their rights and interests themselves, the current legal practice shows the right to address the court for the
benefi t of the future generations. One should regard as effi cient measures for the protection of the future generations the
establishment of provisions of the national legislation on the obligations of the state to take into account the interests of
the future generations when establishing the policy or the development strategy. It is also necessary to create at both national
and international level the institutions analogous to ombudsmen, which would represent the interests of the future
generations.
Keywords:
jurisprudence, generations, rights, climate, protection, ombudsman, fairness, responsibility, development, equality.
Practical law manual
Reference:
Ovchinnikov, S.N.
Customs control of the maritime ships in the Russian Federation: legislation and practice.
// Law and Politics.
2011. ¹ 12.
P. 2084-2089.
URL: https://en.nbpublish.com/library_read_article.php?id=51654
Abstract:
The maritime vessels are popular objects of customs control. Their customs control is performed at the marine points of
passage through the state border. The problem exists regarding the customs control of the ships on coastwise raids. They
travel from one Russian port to another Russian port without entering foreign ports, but due to geographical, meteorological
and other peculiarities, such vessels have to cross state borders outside the points of passage. Then the customs bodies
bring owners of the ships and captains to administrative responsibility under Art. 18.1 p.1 of the Code on Administrative
Offences of the Russian Federation. The existing practice is based on unreasonably broad interpretation of legislation,
and it causes ship owners additional waste of time and fi nancial costs. The author shows the contradictions in the legislation,
activities of the customs bodies and the judicial practice, which are related to the above-mentioned problem. Then
the author offers to amend the legislation in order to deal with the situation in question.
Keywords:
jurisprudence, control, state, border, marine, vessels, legislation, practice, administrative, responsibility.
Legal and political thought
Reference:
Borisovsky, E.E.
The positions of the Russian liberal thinkers of late XVIII – early XIX centuries on state and
law.
// Law and Politics.
2011. ¹ 12.
P. 2090-2096.
URL: https://en.nbpublish.com/library_read_article.php?id=51655
Abstract:
The article is devoted to the political and legal views of the Russian liberal thinkers, such as A.N. Radischev, F.V. Krechetov,
G.I. Popov, P.A. Slovtsov, V.V. Popugaev. The author studies their input into the development of the liberal views on the
evolution of the Russian state in late XVIII – early XIX centuries.
Keywords:
jurisprudence, liberalism, XVIII century, XIX century, Radischev, A.N., Krechetov, F.V., Popov G.I., Slovtsov, P.A., Popugaev, V.V., statehood.
Legal and political thought
Reference:
Bekbosynov, M.B.
Positions on federalism of Russian and foreign scientists.
// Law and Politics.
2011. ¹ 12.
P. 2097-2101.
URL: https://en.nbpublish.com/library_read_article.php?id=51656
Abstract:
The article is devoted to the positions on federalism, as expressed by Russian and foreign scientists, he shows the key contradictions
in the Russian federalism, paying much attention to the problems of the regions of Russia as political subjects.
Keywords:
political science, federalism, state institution, subjects of the Russian Federation, political regional studies, ethnical policy, centralization, decentralization, region, unity of subjects.
Legal and political thought
Reference:
Kovalenko, K.E.
On the issue of the reasonableness of law.
// Law and Politics.
2011. ¹ 12.
P. 2102-2108.
URL: https://en.nbpublish.com/library_read_article.php?id=51657
Abstract:
The key instrument of the theoretical analysis of the branch of law, its object, method, mechanism of legal regulation and
legal system is a principle of law. The defi nition of the principle of reasonableness of law is a topical issue of the modern
legal science. It is impossible to explain its nature without the theoretical study of the etymology of the term, its basic
meaning and common understanding, its understanding in various scientifi c spheres, and the intent of the legislator. Based
on the views of the antique, medieval and modern thinkers the author analyzes theoretical and legal concept of the term
“reasonableness”, then the author formulates the position that the category of reasonableness is a required or acceptable
standard of behavior, which is implemented when its subject is able to analyze the existing of presupposed situation, including
motivation and aim to achieve a certain goal.
Keywords:
jurisprudence, principle of law, reasonableness, source of law, judicial discretion, rationality, intuition, reasonability, fairness.
History of state and law
Reference:
Nikiforova, A.V.
Historical experience of inter-municipal cooperation in Russia and of the possibility to use it at
the modern stage of development of the system of municipal self-government.
// Law and Politics.
2011. ¹ 12.
P. 2109-2115.
URL: https://en.nbpublish.com/library_read_article.php?id=51658
Abstract:
The article is devoted to the topical problems of development of inter-municipal cooperation in the Russian Federation.
The author analyzes some provisions on the legal status of the inter-territorial (zemsky) cooperation in Russia in late XIX
– early XX centuries, then she reviews some solutions to the problems of the inter-municipal cooperation at the current
stage. The author also considers it necessary to use historical experience and to formulate the offers on optimization of
legal regulation of inter-municipal cooperation. In particular, the author offers to provide to the inter-municipal unions the
right of legislative initiative, to delegate specifi cally named powers to the regional association from the municipal entities,
to broaden the list of forms of economic inter-municipal cooperation, amending the Federal Law n. 131 with the possibility
of formation of the inter-municipal economic societies, activities of which are not related to the local issues, but which
could function and provide part of the profi t to the municipal budgets.
Keywords:
jurisprudence, inter-municipal, inter-territorial, cooperation, forms, powers, unions, meetings, partnerships.
Discussion forum
Reference:
Sukhotin, S.O.
Advise on improvement of the bases of legal regulation of education with application of the novel
education technologies.
// Law and Politics.
2011. ¹ 12.
P. 2116-2125.
URL: https://en.nbpublish.com/library_read_article.php?id=51659
Abstract:
The paper contains recommendations for improvement of the regulatory framework of education using distance learning
technologies. The author’s attention was drawn to the following problematic issues: 1. Legal provisions defi ning the status
of distance learning institutions, actively using remote educational technologies. 2. Legal rules governing the licensing,
accreditation and certifi cation agencies that use distance education technology. 3. The legal norms governing the international
contacts of institutions of distance learning and the creation of separate business units. 4. The legal norms governing
copyright compliance on products produced and payment of copyright.
Keywords:
Recommendations, improvement, distance, learning, education, technology, standards, development, education, science.
Biblion
Reference:
Dubovik, O.L.
Transplantation of organ, tissues and cells in its legal and forensic aspects.
// Law and Politics.
2011. ¹ 12.
P. 2126-2129.
URL: https://en.nbpublish.com/library_read_article.php?id=51660
Abstract:
This review is devoted to the work by Ewa M. Guzik-Makaruk, Doctor of Law, Professor of the Belostok University (Poland),
which is formed based on comparative legal approach and interdisciplinary approach, since the problem of transplantation
of organs, tissues and cells is analyzed based on the legislation, practice and doctrine of such states as the Federal
Republic of Germany, Austria, Switzerland, and the Republic of Poland with the involvement of the sources of international
law and the law of the EU.
Keywords:
jurisprudence, law, transplant, medicine, bioethics, responsibility, control, legality, extraction, organs.
Eng
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