Transformation of legal and political systems
Reference:
Lavrentiev, S.N.
Liberalization of the party legislation of Russia: is it democratization, or is it strengthening of
the “manageable multi-partisan system”?
// Law and Politics.
2012. ¹ 6.
P. 1020-1025.
URL: https://en.nbpublish.com/library_read_article.php?id=51775
Abstract:
The article is devoted to the topical issues of transformation of the party system of the Russian Federation during the reforms
for the modernization of the party legislation, as implemented by the President of the Russian Federation D.A. Medvedev.
The author proves that in the period between 2001 and 2006 a special type of party system was formed in Russia: “the
manageable multi-partisan system”. In the author’s point of view, while the existing reforms are democratic, they are not
capable of suffi ciently changing the existing architecture of the Russian party system due to the objective reasons of political,
social and economic character.
Keywords:
political science, party, multi-partisan system, electorate, dissociation, legitimating, incorporation, recruiting, establishment, delegation.
State institutions and legal systems
Reference:
Filina, N.V.
Cooperation of state institutions and religious organizations in the modern Russia.
// Law and Politics.
2012. ¹ 6.
P. 1026-1039.
URL: https://en.nbpublish.com/library_read_article.php?id=51776
Abstract:
The author studies various aspects of cooperation of the state power institutions of the federal level (the President of the
Russian Federation and its apparatus, the Russian parliament, the Government of the Russian Federation, the courts) and
the religious organization in the modern Russia. When the author analyzes the interaction of the state government bodies
and the religious bodies from the practical point of view, one can see a smoothly running inter-related structure with considerable
changes in the system of management of the Russian Orthodox Church and the system of state government.
Keywords:
political science, politics, state institutions of power, aspects of cooperation, religion, religious organizations, the Russian Orthodox Church, state, interaction of religion and politics, system of management.
State institutions and legal systems
Reference:
Morozov, N.V.
Contents of the institution of address by the Russian citizens and its place in the constitutional
legal doctrine.
// Law and Politics.
2012. ¹ 6.
P. 1040-1045.
URL: https://en.nbpublish.com/library_read_article.php?id=51777
Abstract:
The article is devoted to the study of the institution of address by the citizens of the Russian Federation its positive and
problematic aspects. The author attempts to analyze the key directions of development of this institution, analyzes its place
in the constitutional legal doctrine. The article includes detailed basis for the position that this institution is an universal
mechanism, which is guaranteed by the Constitution of the Russian Federation, and which acts in both Russian and international
legislation in order to protect or reestablish the rights of Russian citizens, which might be infringed by the unlawful
acts of the state bodies and the state itself.
Keywords:
jurisprudence, rights, addresses, person, citizen, protection, constitutional, disputes, confl icts, legal.
Authority and management
Reference:
Khannanov, R.A.
Problems of legal guarantees of internal economic planning and self-regulation.
// Law and Politics.
2012. ¹ 6.
P. 1046-1063.
URL: https://en.nbpublish.com/library_read_article.php?id=51778
Abstract:
The author establishes that effi ciency and stability of agricultural production is much pre-established by the quality of legal
guarantees of internal economic relations. A special place in this system is held by internal economic planning and regulation.
The author states that the existing regulation in this sphere is outdated, and it does not meet the goals of modernizing
the agricultural sector of economics, therefore it needs to be improved.
Keywords:
jurisprudence, economics, agricultural, production, internal, economic, planning, inter-farm, self-regulation, effi ciency, stability, jurisprudence.
Practical law manual
Reference:
Badikov,K.N.
Psycho-derma-glyphic method in theory and practice of formation of the forensic personal search
model.
// Law and Politics.
2012. ¹ 6.
P. 1053-1061.
URL: https://en.nbpublish.com/library_read_article.php?id=51787
Abstract:
The article provides the bases for the new scientifi c direction in the forensic science: psycho-derma-glyphic method, which
is aimed to form the forensic personal search model. The volume of forensically relevant information allows to lower the
number of unsolved issues and to improve the quality for the achievement of expert goals. The transfer of the expert divisions
to the statistical identifi cation methods shall allow to form a dactyloscopic identifi cation “standard”.
Keywords:
jurisprudence, forensic science, psycho-derma-glyphic, diagnostic, behavior, morphology, personality, correlations, carding, minutia.
Practical law manual
Reference:
Medvedev, S.V.
The unique types of pledge in the sphere of intellectual property.
// Law and Politics.
2012. ¹ 6.
P. 1062-1167.
URL: https://en.nbpublish.com/library_read_article.php?id=51788
Abstract:
This article is devoted to the analysis of some unique types of pledge in the sphere of copyright. In particular, the author
analyzes the pledge of “ future” exclusive right, pledge of use within the framework of exclusive right, pledge of license
rights. For example, the author points out that not only “existing” exclusive rights can be the objects of pledge, but also
it is possible for the “ future” rights, such as patent and trademark claims, which may serve as pledge. The author also
points out that the owner of rights may pledge not only the exclusive right as a whole, but also some of its elements, such as
rights to use the results of intellectual activity, or means of individualization to some limits. The author also establishes the
principal possibility of pledge of rights of license holder under some conditions. The conclusions are related to the practice
of higher courts. The author wishes to show that legal nature and legitimacy of such types of pledge may really widen the
scope of interpretation and application of pledge deals in the sphere of copyright in the Russian market.
Keywords:
jurisprudence, pledge, pledge contract, exclusive rights, rights for use, existing rights, future rights, applications, title holder, licenser.
State security
Reference:
Utyashov, E.K.
Bases for the introduction of military situation: theoretical issues.
// Law and Politics.
2012. ¹ 6.
P. 1064-1071.
URL: https://en.nbpublish.com/library_read_article.php?id=51779
Abstract:
The object of this study is factual (legal) essential elements, which serve as grounds for the introduction of military situation
in the Russian Federation and in the foreign states. The interpretation of this issue is ambiguous. The complicated legal
composition, which predates its introduction is completed by the President of the Russian Federation after a fact is approved
by the UN Security Council, which complicates the timely operations, which may be necessary to fi ght aggression.
Keywords:
jurisprudence, legal regime, interpretation of aggression, interpretation of the threat of aggression, mechanism of introduction of a regime, conclusion of the UN Security Council, inadmissibility of use of force, constitutions on the bases for the military situation, bases for the military situation, comparative analysis of legal facts.
State security
Reference:
Popov, E.A.
Forensic and social peculiarities of the mechanism for fi ghting narcotization.
// Law and Politics.
2012. ¹ 6.
P. 1072-1078.
URL: https://en.nbpublish.com/library_read_article.php?id=51780
Abstract:
The article is devoted to a topical problem of spreading narcotization among the people, and the ways to fi ght this process.
Much attention is paid to the evaluation of the situation regarding drugs in various regions of Russia, and the author
establishes specifi c features of such processes on the particular territories. The author shows the relations between the
narcotization of people with their living conditions, and with their specifi c deviant behaviors, which are infl uenced by a
number of social and economic factors.
Keywords:
jurisprudence, narcotization, narcotic, people, society, drug addiction, narcotic situation, fi ghting, counteraction, individual, values.
Law and order
Reference:
Bykov, V.M.
Legal position of an investigator in a criminal process (Part 2).
// Law and Politics.
2012. ¹ 6.
P. 1079-1085.
URL: https://en.nbpublish.com/library_read_article.php?id=51781
Abstract:
The article is devoted to the preliminary judicial control by the court over the procedural decisions and actions of an investigator.
The author supposes that in some cases preliminary control of a court over procedural and investigative activities
is not necessary, and consequent judicial control would be suffi cient in some cases.
Keywords:
investigator, investigative activities, control of a court, the Constitution of the Russian Federation, legislator, law, judicial practice, legality, guarantees.
Law and order
Reference:
Zalpov, N.V.
Criminal law protection of rights and interests of owners in the apartment buildings from the position
of application of the Art. 327 of the Criminal Code of the Russian Federation.
// Law and Politics.
2012. ¹ 6.
P. 1086-1092.
URL: https://en.nbpublish.com/library_read_article.php?id=51782
Abstract:
This article includes criminal legal evaluation of a certain type of abuse of right, which is forging the protocols of the general
assemblies of the owners of the apartment in the apartment buildings and their unlawful use. Such violations often happen
in the sphere of housing and public utilities, and they infringe upon the due functioning of the home-owners associations,
the home-construction co-operatives, rights and lawful interests of home-owners and the bases of state regulation in this
sphere. In the author’s point of view such activities should become objects of pre-investigation checks under Art. 144 of the
Criminal Procedural Code of the Russian Federation. The author notes the lack of legal defi nition of an “offi cial document”
in the criminal legal sphere, which creates diffi culties in cases of qualifi cation of crimes in this sphere. Then the author
provides some information on the practical application of Art. 327 of the Criminal Code of the Russian Federation in the
sphere of forging protocols and using forged protocols of general assemblies.
Keywords:
jurisprudence, law, home-owners association, housing co-operative, guarding, protection, forged, protocol, assembly, owner.
JUDICIAL POWER
Reference:
Ulyanov, V.G.
Is it necessary to involve the attesting witnesses for investigation activities?
// Law and Politics.
2012. ¹ 6.
P. 1093-1097.
URL: https://en.nbpublish.com/library_read_article.php?id=51783
Abstract:
The legislative draft on the amendments into Art. 62 and 303 of the Criminal Code of the Russian Federation and the Criminal
Procedural Code of the Russian Federation, as introduced into the Duma by the President of the Russian Federation, sets
the new goals for the criminal procedural science. It is necessary to establish the expediency of the amendments, their
potential infl uence on the effi ciency of criminal judicial procedure. The article contains the author’s point of view on the
various problems, which are related to removal of the institution of attesting witnesses from the criminal procedure, and
the possible ways to solve them. The author formulates the amendments and changes into the presidential draft.
Keywords:
jurisprudence, evidence, fi xation, falsifi cation, authentication, authenticity, inspection, investigation, legislative draft, attesting witness.
XXI century International law
Reference:
Shugurov, M.V.
G8 and the dilemmas of the global Internet management: an international legal aspect.
// Law and Politics.
2012. ¹ 6.
P. 1098-1127.
URL: https://en.nbpublish.com/library_read_article.php?id=51784
Abstract:
The article is devoted to the analysis of the approach to the regulation of the Internet, as presented at the Deauville Summit
of the G8 in 2011. Much attention is paid to the problem of balance of human rights in the cyberspace as a constituent part
of governing the use of Internet. The author casts light upon the policy of the G8 in the sphere of copyright protection. The
author also studies the perspectives of development of the sovereignty of the state in the digital epoch. The author comes to a conclusion that it is necessary to develop the copyright within the paradigm of understanding of the Internet as a territory
for freedom and communication.
Keywords:
jurisprudence, Internet, information, management, globalization, property, piracy, state, freedom cyber-space.
XXI century International law
Reference:
Moshnyaga, V.P.
Remedial activity of international institutions as a factor for more humane political process
(taking the UN as an example).
// Law and Politics.
2012. ¹ 6.
P. 1128-1139.
URL: https://en.nbpublish.com/library_read_article.php?id=51785
Abstract:
This article is devoted to the study of the remedial activity of the UN and the bodies, which were formed under its Charter.
The goal of this article is to evaluate this activity as a considerable factor for making the modern political process more
humane. As a methodology for this study the author uses historical and comparative approaches. The result of the study
is the conclusion that in spite of a number of forceful forms of implementation of politics, one can see growing activities in
order to protect human dignity and value of human person around the world. Much of it is due to over 50 years of activities
of the UN.
Keywords:
political science, process, politics, human rights, civil society, state, universalism, non-governmental organizations, justice.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Kurbanov, R.A., Shamba, T.M.
The European energy market and protection of environment.
// Law and Politics.
2012. ¹ 6.
P. 1140-1052.
URL: https://en.nbpublish.com/library_read_article.php?id=51786
Abstract:
The authors evaluate the most topical issue of energy law of any modern legal order, that is the interaction of energy law
and environmental law. Taking the EU legislation as an example, the authors evaluate the changes which the energy law
undertakes under the infl uence of the environmental law. The authors analyze the issues of legal regulation of energy effi
ciency, fi ghting global warming, development of the renewable sources of energy, development of environmentally clean
technologies, lowering carbon dioxide emission and other issues in the European law.
Keywords:
jurisprudence, the European law, the energy law, the environmental law, environmental protection, energy effi ciency, fi ghting global warming, development of the renewable sources of energy, development of environmentally clean technologies, lowering carbon dioxide emission
Jurisprudence
Reference:
Nikiforova, A.V.
Role and place of the decisions of the Constitutional Court of the Russian Federation in the system
of sources of municipal law.
// Law and Politics.
2012. ¹ 6.
P. 1168-1176.
URL: https://en.nbpublish.com/library_read_article.php?id=51789
Abstract:
This article is devoted to some issues, related to the possibility to evaluate the Decisions of the Constitutional Court of
the Russian Federation as sources of Russian law as a whole, and of Russian municipal law in particular. The author offers
one of the possible solutions to this discussion through the prism of analysis of place and role of the Decisions of the
Constitutional Court of the Russian Federation within the system of sources of the Russian law. Having studied some of its
positive decrees and orders, where the objects of evaluation were normative legal acts, which included norms of municipal
law, the author points out that they may be viewed as sources of Russian municipal law.
Keywords:
jurisprudence, the Constitutional Court, source, municipal, law, decision, decree, order, place.
Eng
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