Theory
Reference:
Belkovich, R.Y.
Problem of political obligation and its value for jurisprudence.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51522
Abstract:
The article is devoted to the problem of political obligation, that is to the issue of presence or absence of obligation of a
person to obey legal prescriptions of the state. The author points to the reasons, for which a political obligation should be
regarded as a fundamental category of jurisprudence, as well as for which theory of political obligation should be subjected
to detailed study. The article also includes analysis of connections between political obligations and legitimacy of state
power.
Keywords:
Yurisprudentsiya, Suverenitet, Soprotivlenie, Konstitutsiya, Nasilie, Monopoliya, Gosudarstvo
Authority and management
Reference:
Khannanov, R.A.
State regulation of economics: bases for new understanding and contents.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51523
Abstract:
Studies of scientific literature, norms of current legislation and practice of various enterprises all show that currently it is
considered that market regulation of economy is sufficient, and that the state regulation is outdated and one could go without
it in solving of the problems of social and economic development of the state. This article is devoted to problems of state
regulation of economy within the framework of combined methods of state and market regulation.
Keywords:
Yurisprudentsiya, Gosudarstvo, Ekonomika, Modernizatsiya, Innovatsii, Regulirovanie, Triada, Apropriatsiya, Prognozirovanie, Planirovanie
Authority and management
Reference:
Mikhailov, M.V.
General characteristics of legal policy of the state in the sphere of education in Russia.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51524
Abstract:
Modernization of legislation in Russia, which took place in last five years, caused much social controversy. Many of these
reforms, while being positively oriented, cause negative reaction in the society, including the reaction of professional
community. Due to this fact the author of this article attempts to characterize the legal policy of the Russian state in the
sphere of education as an independent state event.
Keywords:
Yurisprudentsiya, politika, obrazovanie, obshchestvo, upravlenie, gosudarstvo, modernizatsiya, standart
Transformation of legal and political systems
Reference:
Volokh, V.A.
Modernization of migration policy and legislation in the sphere of labor migration.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51525
Abstract:
This article is devoted to the topical issue of formation of migration policy and improvement of legislation in this sphere.
It is noted that the current situation in the sphere of management of migration processes calls for a complex of measures
in order to modernize these processes.
In the author’s point of view one of such means may be a new Federal Law, which was passed in May 2010, which provides
for peculiarities of legal regulation of labor activities of foreign citizens, who are highly qualified professionals, as well
as of foreign citizens, who arrived to Russia in non-visa order and work for physical persons. The author emphasizes the
topicality of mechanisms of improvement of regulation of protection of the national labor market from excessive use of
foreign work force in the modern situation.
Keywords:
Politologiya, migratsionnaya politika, migratsionnyi uchet, razreshenie na rabotu, trudovaya migratsiya, kvota, vysokokvalifitsirovannyi, patent
State security
Reference:
Golovnya, A.I.
Military doctrine and strategy of national security of Russia – content analysis from political and
legal positions.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51526
Abstract:
The article is devoted to the problems of legal policy, as reflected in doctrine sources of law. It includes results of the content
analysis of the existing Strategy of National Security and Military Doctrine of the Russian Federation. The author shows
the shortcomings of these sources of law, using specific text-logical means, as well as traditional scientific methods, then
offers ideas for dealing with these problems.
Keywords:
yurisprudentsiya, pravo, terminologiya, politika, kriterii, ugrozy, riski, tekst
Law and order
Reference:
Bykov, V.M.
Procedural functions of an investigator in criminal process in Russia.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51527
Abstract:
The article is devoted to the topical issues of procedural functions of an investigator. The author considers that Russian
criminal process provides an investigator with several functions, such as investigation of crimes, accusation and resolving
a criminal case. He comes to a conclusion that collection of evidence by an advocate of the accused makes an advocate a
“substitute” for investigator in the sphere of investigating crime.
Keywords:
Yurisprudentsiya, funktsii, prestuplenie, rassledovanie, obvinenie, zashchita, razreshenie, zashchitnik
Law and order
Reference:
Abdurakhmanov, A.A.
Modern approaches to organization of monitoring of the criminal situation in the
region.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51528
Abstract:
The article is devoted to the topical issues regarding the monitoring of forensic situation in the region. Then the author
provides the grounds for the formation of the All-Russian Center for the Monitoring and Forecasting of the Criminal
Situation with Filial Offices at the regions and municipal formations, including the provision for the staff positions of
criminal scientists.
Keywords:
Yurisprudentsiya, situatsiya, kriminologicheskaya, kriminogennaya, kriminolog, monitoring, organizatsiya, region, tsentr.
Law and order
Reference:
Kuptsova, K.O.
Criminal behavior and the mechanism of extortion.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51529
Abstract:
The article includes analysis of way of life of a person and its influence on his behavior, taking extortion as an example.
The author shows that in the society there are three distinct environments – legalist, criminal and marginal, then she analyzes
each of them. She also studies the mechanism of criminal behavior, its elements, such as motivation, planning and
implementation of criminal act, provides points of view of renowned scientists, such as Kudryavtsev, V.N. and Dolgov A.I.
The author pays much attention to pre-criminal inter-personal relations between a criminal and a victim, then a stage of
post-crime behavior of criminal and victim. Studing the victim’s behavior the author provides the term “victim-genesis”
situation, and provides it contents.
Keywords:
Yurisprudentsiya, Mekhanizm prestupnogo povedeniya, Mezhlichnostnye otnosheniya, Motivatsiya prestupnogo povedeniya, Viktimogennaya situatsiya
JUDICIAL POWER
Reference:
Mironov, D.N.
Interpretation activity of the Constitutional Court of the Russian Federation
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51530
Abstract:
The article is devoted to the bases of interpretation activities of the Constitutional Court of the Russian Federation – its
nature, characteristic features, spheres and meaning.
Keywords:
Yurisprudentsiya, interpretatsiya, tolkovanie, konstitutsionnyi, sud, norma, osobennosti, faktory
XXI century International law
Reference:
Shigurov, A.V.
The standards of the European Convention for the Protection of Human Rights and Basic Freedoms
on the issues of assigning and applying imprisonment.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51531
Abstract:
The European Convention for the Protection of Human Rights and Basic Freedoms is part of a Russian legal system.
During the years of the work of the European Court of Human Rights there formed a system of standards regarding the
issues of assigning and application of imprisonment. These standards regard motivation, and grounds for such decision,
due procedure, responsibilities of the state bodies while dealing with this matter and holding a person imprisoned. The
Russian law-enforcement bodies should know these principles and apply them in their activities.
Keywords:
Yurisprudentsiya, Evropeiskii sud po pravam cheloveka, zaklyuchenie pod strazhu, pretsedent, Evropeiskaya konventsiya, ugolovnyi protsess, sudebnoe zasedanie
XXI century International law
Reference:
Ibragimov, A.M.
International guarantees and the institution of responsibility in the international law.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51532
Abstract:
Modern international law includes a number of legal means to guarantee international obligations of states. These means
are within a systemic connection with each other, and this fact in turn facilitates implementation of these obligation. This is
typical for international legal guarantees and the institution of responsibility. In spite of their conceptual differences, they
have much in common for the purpose of achievement of positive result in practical guarantees of international agreement
norms.
Keywords:
Yurisprudentsiya, pravo, mezhdunarodnoe pravo, mezhdunarodno-pravovye normy, sredstva, obespechenie, mezhdunarodnye garantii, pravootnosheniya
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Yakovleva, L.I.
Legal regime of visa information system in law of the European Union.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51533
Abstract:
The purpose of introducing the Visa Information System is to establish procedures and conditions for the exchange of data
between Member States on visas for short stays. Each Member State sends the Commission a list of competent authorities,
whose employees are authorized to access, rectify, or delete data in the study of the VIS. In each Member State any person
shall have the right to sue or file a complaint with the competent courts of this state, if he is denied access to data pertaining
to his or the right to correct or delete the data. Further development and establishment of VIS requires the creation of a
comprehensive legal framework.
Keywords:
Yurisprudentsiya, sistema, realizatsiya, obmen, dannye, daktiloskopiya, razrabotka, kooperatsiya, sanktsii
Public communications
Reference:
Bronnikov, I.A.
Internet as a resource of political power.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51534
Abstract:
This article regards Internet as a resource of political power. It shows international experience of activities of electronic
governments, evaluation of its development in Russian. The author then analyzes the existing means of communication of
government and society via Internet.
Keywords:
Politologiya, kommunikatsiya, soobshchestvo, Internet, Gosbuk, gosuslugi, e-Government, e- Participation, prefektura, sait
Jurisprudence
Reference:
Goncharova, E.V.
The contract for the sale of energy.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51535
Abstract:
The article concerns the contract for the sale of goods as an independent type of sales contract, as provided by the Civil
Code of the Russian Federation. Reform of electric energy industry and the entering into force of the Federal Law of July
27, 2010 N 190-FZ “On Heating Supply” changed the structure of contractual relation in the market of energy. In addition
to the energy supply contract, the parties are allowed to have a contract for the sale of energy. The author analyzes the key
qualifying principles of this institution of civil law, and provides its theoretical definition.
Keywords:
Yurisprudentsiya, dogovor, energiya, kuplya-prodazha, energosnabzhenie, elektroenergetika, teplosnabzhenie, energeticheskoe, pravo, vid
Jurisprudence
Reference:
Zadoyan, A.A.
Functions of the criminal law: definition and contents.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51536
Abstract:
The article is devoted to the functions of the criminal code. Based on the general theory of law, the author points out that
the category of “ function” in criminal law is one of the elements of criminal law regulation, and it shows that this category
is closely related to the object, goals and method of the criminal law. The article includes criticism of the position of the
scientists, who consider that criminal law does not have its own object of legal regulation. The author separates the functions
and the goals of criminal law, which are separate categories, then separates the functions into the functions of criminal
legal regulation and those of criminal legal influence, then analyzes each of them.
Keywords:
Yurisprudentsiya, funktsii ugolovnogo prava, zadachi ugolovnogo prava, predmet ugolovnogo prava, ugolovno-pravovye otnosheniya, regulyativnye pravootnosheniya, mekhanizm ugolovno-pravovogo regulirovaniya, ugolovno-pravovoe vozdeistvie
History of state and law
Reference:
Rubanik, V.E.
On some topical issues in the history of Ancient Russian court.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51537
Abstract:
The article is devoted to the problems of history of ancient Russian court, which have no unified scientific solution – such
as time when the state courts were formed by the Eastern Slaves, correlation between the Community’s Courts, and the
Prince’s Courts, Veche Court and Prince’s Court.
Keywords:
Yurisprudentsiya, sud, obshchina, obychai, veche, ordalii, pravosudie
History of state and law
Reference:
Fevralev, S.A.
Local legislation in the development of state and law in Russia (second half of the XVII century
– early XX century).
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51538
Abstract:
The article is devoted to the formation of the local law and its place in the state and legal system of Russia. The author
analyzes the factors, which pre-defined the regional systems of local legislations, as well as the criteria for them regarding
the citizens of various national regions.
Keywords:
Yurisprudentsiya, Rossiiskaya imperiya, Istochniki prava, Mestnoe pravo, Yuridicheskaya politika, Etnopolitika, Svod zakonov Rossiiskoi imperii, Svody mestnykh uzakonenii
History of state and law
Reference:
Voroshilova, S.V.
Legal position of a married peasant woman in Russia in XIX century.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51539
Abstract:
The article is devoted to the specific features of customary legal position of the married woman in Russia in XIX century.
The author characterizes the customs in various regions of the pre-Revolution Russia, as well as the practice of the volost
courts based on the complaints of the peasants’ wives. One of the sources is the Russian State Archive of Ancient Acts, as
well as the State Archive of Saratov Oblast.
Keywords:
Yurisprudentsiya, pravo, zakon, obychai, brak, zhena, sud, razluchenie, razvod
Discussion forum
Reference:
Goncharov, A.I.
Legal entity in the word play of egocentric criticism.
// Law and Politics.
2011. ¹ 6.
URL: https://en.nbpublish.com/library_read_article.php?id=51540
Abstract:
In the opinion of the authors of this article, the concept of legal entity or an organization with the rights of legal entity, as
provided by the author of monograph “Subjects of Law” I.P. Greshnikov is not sufficiently grounded. Russia has its own
way of development, and it should not uptake the elements of foreign Anglo-Saxon, Roman-German or other legal systems.
The Russian legal system should not lose it own “genetic code” of the people, and should not give away its social and legal
mentality.
Keywords:
Yurisprudentsiya, yuridicheskoe, litso, organizatsiya, organizatsionnoe edinstvo, tsivilistika, khozyaistvennoe pravo, lyudi, priznaki