Transformation of legal and political systems
Reference:
Trofimova, E.V.
Registration regime for the making entrepreneurial
subjects legitimate in the Russian Federation:
legal problems and ways for improvement
// Law and Politics.
2013. ¹ 9.
P. 1118-1129.
URL: https://en.nbpublish.com/library_read_article.php?id=52035
Abstract:
The article concerns legal problems regarding the existing order of making entrepreneurial subjects legitimate
in the Russian Federation. The author defines the key tendencies of legislative development on state registration of legal
entities and individual entrepreneurs, and she analyzes the existing legal practice. The article aims to formulate the
propositions in order to optimize the registration regime of entrepreneurial activity within the framework of improvement
of business conditions in the Russian Federation. The study showed that the process of development of legislation
on state registration of legal entities and individual entrepreneurs is simultaneously influenced by a number of
factors, including the civil legislation reforms, administrative reform, formation of the unified economic territory with
the Republic of Belarus, the Republic of Kazakhstan. It is established that currently unification of the order of making
subjects of entrepreneurial activities legitimate within the legislations of the Member States of the Eurasian Economic
Community (EEC). Solving the existing legal regulation problems in the sphere of state registration of entrepreneurial
subjects (such as inefficient control over lawfulness of formation of legal entities, failure to provide public and authentic
data on state registration, imperfections within the system of conditions for the refusal in state registration, etc.) requires
simultaneous achievement of two opposite goals – strengthening control over legality of formation of such entities
(mostly, organizations), and de-bureaucratizing the procedure. It is offered to guarantee the control over compliance
of charter documents of newly formed legal entities, order of their formation and authenticity of the provided data at
the stage of their formation, providing notary control over this sphere.
Keywords:
making entrepreneurial subjects legitimate, state registration, formation of legal entities, business conditions, EEC, reform of civil legislation, provision of state services, authenticity of the OSRLE (Official Single Register of Legal Entities), registering body, registration agent.
Biblion
Reference:
Shermukhamedov, S.
A valuable work on philosophical and scientific teachings
of Immanuel Kant
// Law and Politics.
2013. ¹ 9.
P. 1127-1232.
URL: https://en.nbpublish.com/library_read_article.php?id=52048
Abstract:
The article includes a review of the key positions of philosophical and legal heritage of the forefather of the
classic German philosophy I. Kant. The author singles out such issues as moral nature of a person, categorical imperative
as a basis for the moral philosophy, philosophy of law, theory of state and law, social philosophy, conditions and factors
for the achievement of harmony between men, nature and society, international, interstate relations, an eternal peace.
Keywords:
jurisprudence, I.Kant, interstate relations, individual, freedom, categorical imperative, morals, philosophy of law, social philosophy, eternal peace.
Law and order
Reference:
Kabanov, P.A.
Anti-corruption propaganda as an instrument
for fighting corruption in the Republic of Tatarstan:
the issue of improving the quality of legal regulation
// Law and Politics.
2013. ¹ 9.
P. 1130-1138.
URL: https://en.nbpublish.com/library_read_article.php?id=52036
Abstract:
The article for the first time in the Russian legal science includes analysis of the issues of quality
improvement of legal regulation of anti-corruption propaganda at the regional level, this type of propaganda
being one of the most efficient instruments of the modern Russian regional state anti-corruption policy. The
author provides critical evaluation of the current situation in legal regulation of anti-corruption propaganda
in one of the constituent subjects of the Russian Federation – the Republic of Tatarstan. He shows the reasons
for the low quality of legal regulation (underestimation of this instrument of anti-corruption policy by the
stat government body, selective implementation of recommendations on its development) and makes propositions
for the improvement of the situation. Among the key directions for the improvement of legal regulation
of anti-corruption propaganda the author offers the following: a) to review the legal definition of the “anticorruption
propaganda”; b) to form an inter-departmental working group in order to draft a normative legal
act on organization and implementation of anti-corruption propaganda at the regional level, to draft, discuss
and adopt this complex codified act.
Keywords:
corruption, f ighting corruption, anti-corruption propaganda, anti-corruption policy, anticorruption education, anti-corruption agitation, anti-corruption information, anti-corruption worldview, anti-corruption awareness, the Republic of Tatarstan.
Law and order
Reference:
Goncharov, D.Y.
Legislation of the criminal cycle
as a normative basis for the criminal law policy
// Law and Politics.
2013. ¹ 9.
P. 1139-1150.
URL: https://en.nbpublish.com/library_read_article.php?id=52037
Abstract:
The problem of definition of criminal policy is fundamental for the theory of state and law, and branches of
legal science (criminal law, criminal procedural law, penal law). The article concerns the issue of inclusion of the
criminal cycle legislation into the system of elements of the normative basis of criminal policy. The author studies a
retrospective of criminal policy and provides a new definition of such a policy.
Keywords:
jurisprudence, politics, criminal, legislation, criminal cycle, normative basis, criminal procedural, penal, interrelations, law.
JUDICIAL POWER
Reference:
Brezhnev, O.V.
Institution of revision of decisions
of a Constitutional (Ustav) Court of the constituent subject
of the Russian Federation:
theoretical and practical problems
// Law and Politics.
2013. ¹ 9.
P. 1151-1159.
URL: https://en.nbpublish.com/library_read_article.php?id=52038
Abstract:
The institution of revision of decisions of a Constitutional (Ustav) Court is provided for under the legislation of
a number of constituent subjects of the Russian Federation. To which degree is it compatible with the specific features
of constitutional judicial procedure, providing for the finality of all acts of constitutional justice bodies? The article
contains an evaluation of theoretical provisions regarding roles and value of the institution of revision of decisions of
a Constitutional (Ustav) Court as a guarantee of lawfulness in the sphere of constitutional judicial procedure. Based
upon the methodology of theoretical analysis of the said institution, the author provides a comparison of key procedural
models for the revision of decision of regional constitutional justice bodies from the standpoints of order of initiation of
this procedure, its grounds, types of decisions subject to revision, range of participants of the judicial hearing, sphere
of competence of a Constitutional (Ustav) Court. Taking into account the perspectives of development of the constitutional
justice in Russia, as well as the need to achieve the goals of the current judicial reform, the author shows positive
and negative elements of legal regulation in the sphere of review of decisions of a Constitutional (Ustav) Court of the
constituent subject of the Russian Federation, reflecting the most important tendencies in the modern approaches to
this subject. Based upon the study, the author draws conclusions on the need to provide more details into the procedure
of review of decisions of a Constitutional (Ustav) Court of the constituent subject of the Russian Federation, including
clear regulation of its bases and limitations of its use by preclusive term, which shall allow to conform to the principle
of legal certainty in constitutional judicial procedure.
Keywords:
jurisprudence, review, decision, constitutional, Ustav, court, judicial procedure, bases, competence.
Public communications
Reference:
Vlasova, O.V.
Support of human dignity as a main priority
of legal interaction of government
and social organizations
// Law and Politics.
2013. ¹ 9.
P. 1160-1168.
URL: https://en.nbpublish.com/library_read_article.php?id=52039
Abstract:
The article includes analysis of interactions between the government and social organizations in the sphere
of guarantees of human dignity, as well as specific features of their cooperation in the sphere of protection of human
rights. The author proves the need for the cooperation between social organization and government bodies in order to
guarantee human dignity in the modern Russia.
Keywords:
jurisprudence, dignity, associations, protection, interaction, government, state, person, individual, respect.
Public communications
Reference:
Litvinova, S.F.
Promotion of laws with contradictory functions
// Law and Politics.
2013. ¹ 9.
P. 1169-1174.
URL: https://en.nbpublish.com/library_read_article.php?id=52040
Abstract:
The article provides the grounds for the need to promote the law with contradictory functions, that is the laws
aimed to liquidate and form the social relations, contradicting its mentality. Mostly, such laws include those based
upon the experience of the foreign states. Their implementation faces social opposition. In order for such laws to be
efficient, the political will of the state should be expressed in order to promote them in a society. Such a promotion
should start at the primary legislative stage and continue till the goals of such a law are achieved. Promotion of laws is
understood as a complex of state measures aimed at explaining the meaning of such laws, convincing that such laws are
a necessity, coercion (soft or hard) in order to guarantee compliance. A strategy for such promotion may be included
within the concept of a law, as developed by a subject of legislative initiative, or within the framework of measures for
its implementation.
Keywords:
contradictory functions, contradictory laws, concept of the legislative draft, implementation of federal laws, promotion of laws, legal mentality, the Public Chamber, state coercion, legislative activity, law on law-making.
XXI century International law
Reference:
Sazonova, K.L.
On the issue of correlation of international crimes
of a state, jus cogens norms, and erga omnes obligations
in the modern international law
// Law and Politics.
2013. ¹ 9.
P. 1175-1181.
URL: https://en.nbpublish.com/library_read_article.php?id=52041
Abstract:
A bit more than 40 years ago three international legal concepts became subjects of discussion: the
concept of international crimes committed by states, the concept of jus cogens norms and the concept of erga
omnes obligations, which were aimed to bring the international community to the new level of interaction
and consolidation. However, the positive consequences of the conceptual provisions of these concepts are
not obvious, especially concerning their practical implementation. The international scientific community
fails to resolve the problems of specific contents of these concepts, their correlation, in spite of the fact that
they touch upon the fundamental issues of modern international interactions. That is why, it is important
to analyze these three concepts, which have much in common, being rather different from each other, and
to evaluate the positions of legal scholars in the sphere of international law on these concepts. The author
considers that the key aspect, connecting the concept of international crimes committed by states, the concept
of jus cogens norms and the concept of erga omnes obligations, is that all of these concepts presuppose
a quality difference in consolidation and coordination of international community up to the development of
the supranational level of government.
Keywords:
the ICJ, international community, erga omnes obligations, jus cogens norms, international crimes committed by states, international law, the ILO, use of force, genocide, apartheid.
Human and environment
Reference:
Kalyuzhnaya, D.E.
Formation of a global environmental policy:
achievements, errors and risks
// Law and Politics.
2013. ¹ 9.
P. 1182-1194.
URL: https://en.nbpublish.com/library_read_article.php?id=52042
Abstract:
The author evaluates the global environmental policy as a system of political management of environmental
situation and global allocation of natural resources with the participation of global political actors and global goalsetting.
The article shows the key stages of the formation of global environmental policy in its current forms, as well as
the systemic roots of the social and political conflict regarding the international political activities in the environmental
sphere. The author expresses an opinion that the lack of efficient international cooperation on environment protection
issues is due to the conceptual lop-sidedness of the modern sustainable development strategy, since in practice
it allows for the functioning of a range of social and economic sub-systems within the frameworks of outdated models
of non-sustainable development. In spite of the fact that organized international environmental activity was formed
before the concept of sustainable development, one may discuss the so-called sustainable environmental policy within
the framework of a complex strategy of civilization transfer to sustainable development, defining its fundamental principles
and contents.
Keywords:
environmental policy, sustainable development, global problems, environmentalism, global development, social environmental justice, sustainable environmental policy, climatic skepticism, environment protection, political model of sustainable development.
History of state and law
Reference:
Zhang Ying
History of advocacy, definition of an advocate
and his legal status in the pre-trial judicial procedure
of the People’s Republic of China
// Law and Politics.
2013. ¹ 9.
P. 1195-1201.
URL: https://en.nbpublish.com/library_read_article.php?id=52043
Abstract:
The author of this article analyzes the development of advocacy in the history of China. Analysis brings the
author to a conclusion that current cautious attitude of state towards advocates as representatives of persons belongs
to a historical tradition. For a long period of time a person (including an advocate) did not have any procedural rights
and freedoms, and was a victim of the state autocratic approach. The author provides a definition of an advocate and his
legal position in the pre-trial procedure under the current criminal procedural legislation, providing some proposals.
Keywords:
jurisprudence, advocate, advocacy, defender, defense, suspect, accused, assistance, history, China.
Practical law manual
Reference:
Babenko, L.N.
Compensation of harm caused by land offences:
law-enforcement problems
// Law and Politics.
2013. ¹ 9.
P. 1202-1209.
URL: https://en.nbpublish.com/library_read_article.php?id=52044
Abstract:
The article is devoted to the problems of civil law responsibility for the land law violations. The current legislation
fails to protect proprietary interests of users of natural resources in cases of harming environment. Such a
harm is regarded as a public harm, and it is compensated to the municipal unit in based upon the claims by persons
in accordance with the list provided for under Art. 5,6,11, 12 of the Federal Law “On Protection of Environment”. As
a rule when dealing the claims on compensation of harm to land and natural resources the courts do not take into account
the losses of users of natural resources due to the harm caused to a natural object in their use by the activities of
other users of natural resources. The civil law responsibility for the offences against land law is one of the most efficient
legal means, which may be used to achieve a reasonable balance of proprietary interests of owners, users and tenants,
as well as the public interests in order to guarantee rational, efficient, and safe use of lands.
Keywords:
jurisprudence, law, land harm, offence, responsibility, harm, compensation, application of law, civil.
Legal and political thought
Reference:
Zhdanov, V.L.
On the issue of formation of the astro-policy
// Law and Politics.
2013. ¹ 9.
P. 1210-1213.
URL: https://en.nbpublish.com/library_read_article.php?id=52045
Abstract:
The article regards the process of formation of the “astro-policy”, its correlation with the “space policy”,
“geopolicy” and “astro-strategy”. The author analyzes the topical issues regarding the true nature of the term
“astro-policy”, as well as the works of the American political scientist, Professor of the USAF Air University: School
of Advanced Air and Space Studies E. Dolman. in the sphere of astro-policy, geo-policy and cosmic exploration. The
author also evaluates and analyzes the views of the renowned political scientist L. Savin and his attitude to the work of
E. Dolman. The attention is brought to the fact that the scientific works of E. Dolman shall be topical for a long time,
causing disputes and disagreements. The article provides detailed analysis of the key provisions of the works of the
American political scientist and the conclusions are made on the value of his research.
Keywords:
political science, astro-policy, astro-strategy, astro-political trend, astro-political theory, evolution, space policy, geo-policy, space, transformation.
Legal and political thought
Reference:
Seliverstov, M.V.
On the issue of terminological specific features
of the definition “international law” in the German
legal science in late XIX century – early XX century
// Law and Politics.
2013. ¹ 9.
P. 1214-1222.
URL: https://en.nbpublish.com/library_read_article.php?id=52046
Abstract:
The article concerns the issues regarding the attitudes of German lawyers in late XIX and early XX centuries
towards the terminological specificities of the term “international law” in legal science. The works of German lawyers
in most cases regard international law as a special legal order, regulating the relations among the subjects of this legal
system. At the same time another definition provides that international law is a combination of legal norms, regulating
the legal relations among the subjects of international law, which does not belong to their domestic law. The discussion
of there issues have long history. The development of international law followed from the ancient Roman and
Medieval ius gentium (law of peoples) to ius inter gentes (law among the peoples) of the Spanish era (1494-1648) and
the dominating French approach (1648-1815) of the inter-state law, and than later to the modern international public
law – «internationals öffentliches Recht». The scientific and theoretical views on terminological differences within the
term “international law”, as provided by the scientists in XVII-XIX centuries, have formed the basis for the German
scholars and their modern approaches to its definition. In order to find the most objective definition, which would
reflect separate aspects of international law, the German scholars used the alternative methods and brought together
three scientific approaches of their predecessors towards the scientific category in question: from the standpoints of
international legal sources, subjects of international law and object of legal regulation. The conclusions of the author
are the following. Firstly, the scientific approaches to the term “international law” prove presence of contradictory and
sometimes mutually excluding opinions of the lawyers and pluralism of their opinions. Secondly, in spite of an individual
approach of German lawyers and pluralism of their opinion, they cannot find a fixed definition of international law,
which would apply to all of the historical periods.
Keywords:
Westphalian system, Viennese system, external state law, European public law, coordination law, interstate law, international law, international legal order, the science of international law, legal community.
Biblion
Reference:
Sosnovskiy, V.V.
Review on the book by K.N. Averin, L.N. Guriev
“Legal protection of forests: comparative legal analysis”
// Law and Politics.
2013. ¹ 9.
P. 1223-1126.
URL: https://en.nbpublish.com/library_read_article.php?id=52047
Abstract:
The monograph is devoted to a highly topical problem of legal protection of forests, as a component of biological
variety, an environmental element, and one of the necessary condition for human life-sustainment, income into
budget, and provisions of industrial raw materials. The authors have held an in-depth analysis of legislation and lawenforcement
practice in Russia, the EU, and some EU Member States, including France and Italy, as well as in some
African states. Much attention is paid to the legal protection of forests in the Komi Republic, which is one of the richest
constituent subjects in the Russian Federation in the forestry sphere. Such a choice of legal systems for comparative
analysis is currently quite popular in forensic studies and criminal law, when the comparison of common and specific
features of legal regulation in states, having different political and economical situations, but facing the same problems,
or being interested in solving these problems, is held.
Keywords:
legal protection of forests, the Komi Republic, legal systems, tendencies, goals, perspectives, new regulation of use of forests, administrative reforms, environmental value of forests, prevention of arson, prophylactics of violations of law, forest resources.