Transformation of legal and political systems
Reference:
Ponomarenko E.V.
Legal development in the context of the humanization of the Russian legal system
// Law and Politics.
2015. ¹ 3.
P. 280-285.
URL: https://en.nbpublish.com/library_read_article.php?id=52372
Abstract:
The subject of this research is Legal Development. The article discusses legal development in terms of the development of legal ideas about humanism by individual humans and society in general. Legal development includes human actions of intellectual and volitional nature mediated by the Law aimed at the transformation of elements of human activity (social reality). We are talking about humanization (spirituality and transformation of welfare) by means of human rights and society; the creation of a legal system, the center of which is a man, his rights and freedoms. Legal development is intellectual and volitional actions mediated by rights, aimed at the conversion and humanization of the legal system, the substantiation of the value of a person, one’s rights and freedoms in the legal system. Research methodology is rational and critical thinking in the context of universal values, natural rights and freedoms of people. The novelty lies in translating the ideas of humanism in the Law, the transformation of the individual, society and the state in terms of legal ideas of human development by the individual and society. In law, the ideas of humanism are formed as a gradual change in the ratio of such concepts as ‘rights’ and ‘man’. The idea lies in the ‘humanization’ of the Law, establishing such a legal system, which would be focused on people, their rights and freedoms.
Keywords:
development, legal development, modern legal system, human rights, human values, humanization, right values, rational thinking, critical thinking, person
State security
Reference:
Zhigulenkov M.V.
Certain theoretical issues in viewing a country as the object of national security
// Law and Politics.
2015. ¹ 3.
P. 286-291.
URL: https://en.nbpublish.com/library_read_article.php?id=52373
Abstract:
This work examines state as an object of national security. What are the objects of state security? What is the correlation between the concepts of “safety of the country”, “national security”, and “state security”? The search for the answers to these questions is undertaken by the author through an examination of a number of general theoretical problems: existence of various approaches towards the understanding of state as a combination of three elements – population, territory, and authority. The author addresses the question on the possibility of changing the nature of a state, and the possibility of reviewing various levels of its nature. State is a layered phenomenon that incorporates the political, social, juridical, economic, ethical and other aspects. As the object of security the state can be viewed as a system of such elements as authority, territory and population. But most of the times within Russian literature the state is attributed to the element of authority, viewing it as a political universal sovereign organization of authority.
Keywords:
State, country, security, nation, phenomenon, level, elements, object, correlation, basis
Law and order
Reference:
Pisarekno D.A.
On the concept of legal entity as a victim of a crime and their criminal legal status
// Law and Politics.
2015. ¹ 3.
P. 292-297.
URL: https://en.nbpublish.com/library_read_article.php?id=52374
Abstract:
The subject of this research is the aspects that characterize the concept of a legal entity that has become a victim of a crime and therefore, the criminal legal status of such entity. The object of this research is the public relations in the sphere of criminal legal protection and ensuring the rights of legal entities that became a victim of a crime. On the basis of generalization of signs of a victimized individual in the criminal law and their refraction in relation to a legal entity, becomes the basis for the definition of the legal entity as a victim of a crime. It is noted that the research on the issue of criminal legal status of the legal entity that became a victim of a crime in the theory of criminal law carries a fragmentary character. In this regard, besides by means of the analysis of criminal legal status of the injured natural person are defined to the subjective rights of the legal entity of the victim from a crime characterizing criminal legal status of such associations. Research is based on the dialectic method of scientific knowledge. Other methods include structural, systemic- logical and formal-legal methods. The main conclusions of the conducted research is that the author's concept of the legal entity of a victim of a crime which is understood as a legal entity that suffered from a crime by either directly harm to property and (or) business reputation or an infringement upon its rights, including an attempted (planned) crime. This work also defines the criminal legal status of such victims.
Keywords:
legal responsibilities, subjective rights, legal entity, individual, victim, damages, crime, legal status, information help, criminal prosecution
Law and order
Reference:
Titkov A.V., Lukozhev Kh.M.
The subjects of restorative justice within criminal procedure
// Law and Politics.
2015. ¹ 3.
P. 298-303.
URL: https://en.nbpublish.com/library_read_article.php?id=52375
Abstract:
The development of criminal procedure has lately been defined by the search for the more effective mechanisms of resolving criminal legal arguments that incorporate such aspects as compensation of damages to a victim, restoration of the right violated in the process of a crime, and restoration of a normal life of a victim of a crime. The article examines the questions pertaining to the participation of officials and authorities – detective, investigator, prosecutor and court who initiated the mediation procedure in the criminal proceedings and later recording its results in order to resolve the conflict. The modernization of criminal policy currently taking place in the Russian Federation poses a question of a broader implementation of conciliation procedures in the resolution of criminal legal conflicts. The improvements to the legislation and the practice of its implementation are impossible without a thorough doctrinal understanding of the problems of alternative methods of resolving criminal cases. Currently, there is a gradual accumulation of scientific knowledge on this issue, as the theory of criminal proceedings still has a significant amount of gaps. The scientific research points to the value of the restorative justice as a development of the criminal proceedings, as well as proposes subjects that are suitable to carry out the duties of a mediator in the Code of Criminal Procedure of the Russian Federation.
Keywords:
officials, humanization, resocialization, criminal process, victim, mediation, restorative justice, appeal, compromise, compensation of damages
Stabilization systems: fiscal control
Reference:
Val'ter A.V.
Tax avoidance by means of the offshore schemes: certain applied theoretical aspects
// Law and Politics.
2015. ¹ 3.
P. 304-308.
URL: https://en.nbpublish.com/library_read_article.php?id=52376
Abstract:
The subject of this research consists in the illegal ways of avoiding taxation by using the offshore schemes. The object of this research is the social relations in the area of criminal legal fight against tax crimes. The author provides a detailed description of the mechanisms of the offshore schemes within the system of methods to illegally avoid paying taxes. A research is conducted on the foreign experience on tax avoidance by use of the offshore schemes and the way to counter such activity. A special attention is given to the practical measures on the fight against tax avoidance. The research is based on the dialectic method, and uses other methods such as comparative-legal ans systemic-logical. Among the main conclusions of the conducted research is the fact that the author not only analyzed the possible illegal ways of avoiding taxation by using the offshore schemes and the current measures of countering such activities, but also proposed practical measures to counteract this phenomenon.
Keywords:
criminal law, qualification, punishment, crime, offshore, way of committing a crime, evasion, Taxes, tax crime, business
Stabilization systems: government control
Reference:
Belikova K.M.
The effects of the provisions of special legislation on the positions of contractual law within the BRICS countries: ban on certain types of contracts by the antimonopoly legislation
// Law and Politics.
2015. ¹ 3.
P. 309-318.
URL: https://en.nbpublish.com/library_read_article.php?id=52377
Abstract:
This article reviews the ban on certain types of contracts by the antimonopoly legislation within the BRICS countries. The freedom of contract is a principle that is defined by the legal regulation, and limitations within it are extremely rare. The handling of the possible limitations to the freedom of contract is conducted by the antimonopoly authorities within the Russian legislation and legislation of the BRICS countries. The author comes to several conclusions, including that the antimonopoly legislation in all of the examined countries contains a number of limitations, and enacts bans regarding the subject of any type of agreements (contracts) that the companies sign. It is also concluded that the banned agreements can be legalized if their positive effects outweigh the negative consequences.
Keywords:
Antimonopoly legislation, separate agreements (contracts), principle of freedom of contract, collusion, conspiracy, lock-up agreements, monopolistic agreements, free market, binding contracts, exclusive contracts
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Kurbanov R.A.
Regional integration in Africa: Inter-African Conference on Social Insurance
// Law and Politics.
2015. ¹ 3.
P. 319-326.
URL: https://en.nbpublish.com/library_read_article.php?id=52378
Abstract:
Issues of global integration and regionalization are becoming more and more relevant. There is a large number of regional institutions located across different continents, dealing with various aspects of integration. A special place among them take the organizations that work within the legal sphere. This article focuses on the Inter-African Conference on Social Insurance, the main activity of which is to harmonize the laws of the member-states in the field of social insurance. Inter-African Conference on Social Insurance is a narrow profile African regional organizations operating within the framework of the franc zone states. This article describes the history of its creation, functioning issues, institutional structure, the regulations developed thereunder, as well as the impact that it has upon the national law of the member-states and the aspects of integration in the field of migrant workers’ rights on a regional scale.
Keywords:
international obligations, secondary law, intagration, social insurance, national law, supranational law, regional law, international law, international contracts
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Salagay O.O.
Infectious disease control in the European Union: legal retrospective and modernity
// Law and Politics.
2015. ¹ 3.
P. 327-333.
URL: https://en.nbpublish.com/library_read_article.php?id=52379
Abstract:
This work focuses on the protection of population from infectious diseases in Europe, including modern approaches to infection control in the European Union. Plague, smallpox, cholera and other infectious diseases followed European history for centuries, killing millions of people. This forced the people to seek out solutions, often intuitive methods of countering the effects of the diseases. Many of these methods later turn mandatory and converted into anti-epidemic measures, some of which are still widely used today. The genesis of these measures in Europe, as well as modern legal aspects of fighting against infectious diseases in the European Union is in the focus of this article. The research methodology is based on the use of general theoretical methods, including logical generalization, analysis, and special legal methods, including formal-legal method. In this article, the author for the first time investigates development of the law of the European Union on regulatory control of communicable diseases in historical retrospective, and describes the actual content of relevant regulations of the EU. Many of the acts cited in this work have never been translated into Russian or analyzed in the Russian legal literature before. The author analyzes the content of these legal norms and draws conclusions about EU's current system for countering threats of biological origin.
Keywords:
bioterrorism, disease control, epidemiologic surveillance, sanitary well-being, infectious disease, European law, European Union, biosecurity, World Health Organization, Ebola virus
XXI century International law
Reference:
Kostenko N.I.
The qualifying criteria for the elements of an international crime within international criminal law
// Law and Politics.
2015. ¹ 3.
P. 334-350.
URL: https://en.nbpublish.com/library_read_article.php?id=52380
Abstract:
The main goal of this research is to devise a definition and determine the qualifying criteria of the elements of international crimes that are a byproduct of international legal norms (international agreements) and the status of the International Criminal Court. The actual topic of “legal definition of the qualifying criteria of the elements of an international crime within international criminal law” gained theoretical and practical importance from the very moment that the International Criminal Court was established and began its functioning. The author comes to the conclusion that a party can be held responsible for committing an international crime under the international criminal law only with the existence of the qualifying criteria of the elements of international crime that corresponds with the requirements of the International Criminal Court and other international legal norms that regulate the responsibility for the committed international crime.
Keywords:
International Criminal Court, international crime, international criminal law, qualifying criteria, complicity, private party, guilt, motive, criminal intent, causation
XXI century International law
Reference:
Podvyaznikova M.V.
The International Cooperation in the sphere of public health and the interdependence of national systems of social security rights
// Law and Politics.
2015. ¹ 3.
P. 351-356.
URL: https://en.nbpublish.com/library_read_article.php?id=52381
Abstract:
In this article standards of international law on health issues are analyzed. The author presents the link between international standards and national legal systems. It is concluded that there are several levels of international human rights standards in the area of health and medical care, specifically the minimal standards (International Labor Organization Convention No. 102) and higher standards (for instance, the European Code of Social Security of 1968). Examples are given on the minimal measures undertaken in providing medical care, as well as expanded lists of medical services offered for the states that have the economic and organizational capabilities to provie them. The research is based on a systematic method, which allowed the author to analyze and identify the relations between the international laws governing the issues of medical and pharmaceutical assistance. As a result of the research on various types of international norms (e.g. acts of international organizations and intergovernmental organizations, and international agreements) the author reveals the correlation between medical and pharmaceutical assistance, whereas the appropriate supply of necessary medicines is an integral part of healthcare. It is emphasized that only if such provision is made on a free basis one can talk about the provision of pharmaceutical care on the social security basis.The author draws the conclusion that the closest international and legal cooperation in the sphere of healthcare regulation is developing within the Commonwealth of Independent States. The examples of international acts authorized by the Russian Federation are introduced, and its influence on the existing national and legal system is demonstrated. The analysis made allows the author to conclude that to date, the Russian Federation has authorized a rather small number of international acts on healthcare, and thus does not encourage the improvement of this system.
Keywords:
standards, national systems, social security law, International cooperation, public healthcare, medication supply, medical care, medications, rare diseases, medication accessibility
JUDICIAL POWER
Reference:
Sychev D.A.
Some questions of classification of criminal procedural functions in the Russian criminal trial
// Law and Politics.
2015. ¹ 3.
P. 357-367.
URL: https://en.nbpublish.com/library_read_article.php?id=52382
Abstract:
This article discusses and analyzes the different approaches to the determination of the number of criminal procedural functions in the Russian criminal trial. It is concluded that the joint criminal process associated with more than three main functions of criminal procedure. It is determined that there are three main features of criminal procedure specific to criminal proceedings in Russia. The author highlights the key arguments in favor of the qualitative differentiation of procedural functions of organs and persons in criminal proceedings and the main functions of criminal procedure as qualitative characteristics of the process. The author gives classification of criminal procedural functions. General scientific methods of gaining new scientific knowledge, in particular, systemic analysis and systemic theory, formal logical and other methods that would allow examining the correlation in legal relations in the sphere of criminal proceedings, as well as private methods - historical, comparative legal. The author determines the number by the number of criminal procedural functions inherent in the Russian criminal trial, as well as proposes an original classification. The author gives criteria of differentiation of criminal procedural functions from the functions of organs and persons, as well as the division of procedural functions into basic and advanced. The non-functional activity of the subjects of domestic criminal proceedings is being exposed.
Keywords:
system of functions, procedural features, competitiveness, the functions of the subjects, detective work, man functions, Criminal procedural functions, additional functions, criminal consequences, investigation
JUDICIAL POWER
Reference:
Burdin D.A.
Modern models of selection and appointment of the judiciary in foreign countries
// Law and Politics.
2015. ¹ 3.
P. 368-372.
URL: https://en.nbpublish.com/library_read_article.php?id=52383
Abstract:
The subject of this research is the modern foreign systems of formation of the judiciary. The national models of recruitment of judges differ in their methods, criteria and the stages of selection of candidates for vacant judicial posts. Their features were formed as a result of historical development, and depending on the constitutional order, the territorial structure of the country, socio-cultural and economic context. Political, legal and scientific challenge is to identify the most perfect system of selection and appointment of judges, which would ensure the appointment of judges from the best available candidates. This work deals with the classification of modern models of recruitment of judicial personnel. As a classification attribute, the author examines the established system of methods of selection and appointment of judges. Among the conclusions is the fact that the merit selection is the predominant type of formation of the judiciary in the modern period compared with the election of judges. The paper traces the evolution of methods of formation of the judiciary in the United States. It is argued that most European countries use a system of competitive selection of judges on the basis of merit. An analysis of existing practices identified a number of problematic issues that require further modification of competitive selection models, including those associated with the definition of competitive selection criteria and processes for their expert evaluation.
Keywords:
best practices, models, candidate for the post of judge, criteria for selection, method, formation of the judiciary, merit selection, competitive selection, election of judges, appointment of judges
JUDICIAL POWER
Reference:
Popov E.A.
Sociologist as an expert: expanding the boundaries of law enforcement
// Law and Politics.
2015. ¹ 3.
P. 373-377.
URL: https://en.nbpublish.com/library_read_article.php?id=52384
Abstract:
This article is dedicated to the various aspects of sociologists’ participation in the judicial sociological investigation. It reveals the difficulties and problem areas within the development of social knowledge as a whole and sociology in particular, which can affect the quality of forensic science within the framework of a specific criminal investigation. The author presents certain methods of raising the level of forensic examination by involving professional sociologists. Expansion of the boundaries of law enforcement allows a sociologist to participate in a wide spectrum of forensic examinations. The following are some of the main conclusions made in this research: the addition of new complex multivariable notions within criminal law justifies the need for involvement into forensic investigations of professionals such as sociologists; the level of success of forensic sociological investigation depends not only on the professional competency of the expert sociologist, but also on their knowledge of the legal environment.
Keywords:
Society, sociology, forensic science, expert, social group, sociological investigation, commune, law enforcement, legal environment, legal norm
Public communications
Reference:
Yamalova E.N.
Public confidence in the political system of the post-Soviet Baltic countries: general and special aspects
// Law and Politics.
2015. ¹ 3.
P. 378-384.
URL: https://en.nbpublish.com/library_read_article.php?id=52385
Abstract:
The object of this research is the public opinion on the political values within the post-Soviet Baltic states. The subject of the research is public support and specific assessments in the context of the various ethnic groups of the Baltic societies. The author examines the category of "public support for the political system" as a multidimensional phenomenon, which is expressed through three main dimensions: personal political identity of citizens; the level of public support for the dominant political values; citizens' trust in the main political institutions. To analyze the level of public support the author uses a database of opinion polls conducted during the period of 1993-2004 by Center for the Study of Public Policy at the University of Strathclyde (Glasgow). According to the author’s opinion, certain issues can quite objectively give an idea of the nature and dynamics of public support for the political systems of the Baltic states in three dimensions. In addition, they allow to record and investigate the specificity of the political preferences and orientations of the different ethnic groups of the Baltic societies. The theoretical basis of the study is the concept of multidimensionality by D. Easton about public support for the political system. In order to identify the cross-national specificity and study the peculiarities of perception of political systems in the context of ethnic groups, the author uses the comparative method. The main conclusions of the study are the provisions, under which the level and nature of identification in relation to the political community in all three Baltic countries have significant differences among different ethnic groups. The low level of loyalty to the state of residence among the Russian-speaking population suggests that the process of nation-building in these countries is far from over. Analysis of the dynamics of public support for democratic values and the level of sympathy for other political alternatives has shown that democracy has not yet become for the population of the Baltic states unconditional priority target. The study of the dynamics of trust in the main political institutions in the Baltic countries suggests confirmation U-curve hypothesis, according to which the trend of public support reflects the transformation processes. It is concluded that the assessment of the quality of the political regime and the dominant political preferences and values of the population depend not so much on the fundamental historic and culture parameters as the political realities and the nature of the political transformations of modernity.
Keywords:
nations, ethnic groups, ideology, political regime, political values, political system, public support, the Baltic countries, the post-Soviet space, democracy
Human and state
Reference:
Skiperskikh A.V.
“The protester” within legal discourse: new attempt for justification
// Law and Politics.
2015. ¹ 3.
P. 385-393.
URL: https://en.nbpublish.com/library_read_article.php?id=52386
Abstract:
Existence of the problem of “the protester” within the legal political discourse serves as a proof of a constant human strive towards broadening of their civil rights and liberties. The degree of these liberties directly depends on the definition of the political regime and the existing legal system that motivates a person to broaden their liberties, as well as serving as a form of repression that limits the rights and liberties of a person. “The protester” is viewed differently within various legal discourses, which testifies of the existing difference in perception of the subject of liberty that pertains to the diversity of the cultural, political and legal traditions. The author tends to believe that the image of “the protester”, as the society’s right to liberty and demonstration of a protest is differently legitimized by one or another cultural tradition, which reflects in the amount of their rights and liberties that are allocated to them by the legal discourse. The forming of a certain tendency for protest, its technologies and aesthetics completely depends on the definition of the political regime that formulates specific requirements for the format of liberty within the framework of legal discourse.
Keywords:
Protest, protester, authority, law, culture, society, political protest, legal discourse, liberty, resistance
History of state and law
Reference:
Almaeva Yu.O.
The quality of the legal mediation of labor relations in Russia at the end of the 19th century
// Law and Politics.
2015. ¹ 3.
P. 394-400.
URL: https://en.nbpublish.com/library_read_article.php?id=52387
Abstract:
The author states that the main motive for improving the quality of the Russian legislation on employment at the end of the 19th century became the necessity to alleviate the mass unrest among the working class, who were severely exploited at the capitalist factories. The predictable course of improvement of quality of the legislation on factory labor included first and foremost the implementation of restrictions on child and female labor, as well as forming of the system of government oversight that would ensure the adherence to these policies. In addition to that, implementation of the corresponding imperative norms was supposed to limit the autonomy of the factory owners in the legal arrangement of the employer-employee relations. As a result, the tasks set before the government to ensure the discipline in the enterprises and simultaneously prevent the most evident cases of labor exploitation, have positively affected the future development of the quality of labor legislation.
Keywords:
Contract, quality of legal regulation, late 19th century, private employment, hired labor, employer, normative legal act, work, work relations, labor legislation
Practical law manual
Reference:
Shchelkogonov A.A.
Determinants of criminality of the fly-in fly-out workers (on the materials of the Yamalo-Nenets Autonomous Okrug)
// Law and Politics.
2015. ¹ 3.
P. 401-403.
URL: https://en.nbpublish.com/library_read_article.php?id=52388
Abstract:
The subject of this research is the determinants of criminality in general. The determinants are based upon various levels of criminal activity: general social, socio-psychological and psychological levels. The object of this research is the social relations in the area of crime prevention among persons working on the FIFO basis (on the materials of the Yamalo-Nenets Autonomous Okrug). The author reviews a special type of discriminant pertaining to this type of criminality. The methodological basis for this article is the dialectic method of scientific knowledge. The following private scientific methods were also used: sociological, modeling and participant observation. Among main conclusions of this research is the author's vision of the causes (determinant) of the criminality of persons working on the FIFO within the general social, and socio-psychological and psychological levels. These conclusions are made on the basis of territorial principle (on the materials of the Yamalo-Nenets Autonomous Okrug) and undoubtedly have both, theoretical and practical value.
Keywords:
social tension, criminal motives, fly-in fly-out, psychological level, socio-psychological level, general social level, types of crime determinant, crime, victim behavior, criminogenic situation
Practical law manual
Reference:
Pochtarev A.A.
Insurance as an unnamed within the Civil Code of the Russian Federation method of upholding responsibilities
// Law and Politics.
2015. ¹ 3.
P. 404-410.
URL: https://en.nbpublish.com/library_read_article.php?id=52389
Abstract:
The subject of this research is the Insurance sphere as a legislative way of ensuring upholding of responsibilities. The purpose of this work is to present the aspects of making good on the commitments and ensuring that they are carried out within various socio-economic areas. The need for legislative support of such obligations is the basis of functioning of public education and social development as a whole. Application of the results of this work can be directed at the structuring of a balanced position on the controversial issues in ensuring contractual obligations. The instrument of the guarantee is the insurance institution. Each of the aspects defined by the fact that it is necessary to simultaneously develop countermeasures that would allow identifying those who do not exercise diligence. This position can be determined in the structural characteristics of private insurance institution. The research methodology is a complex of private industry-specific scientific methods, which contribute to the development of a civilized market of guaranteed protection from default of the counterparty or other parties involved in the contract. The result of this study is an indication that insuring can fulfill the guarantee of obligations in civil matters, although it cannot be considered a legislative method of making sure that the obligations are met. The author determines that this problem occurs primarily due to the lack of integral parts of the conceptual apparatus, as well as legal criteria for classifying these or other civil constructs as methods to enforcing the upholding of obligations.
Keywords:
structure, legal evaluation, society, legislation, insurance, obligations, performance, security, jurisprudence, socio-economic space
Legal and political thought
Reference:
Shugurov M.V.
Modern philosophy of the legal education: challenging globalization
// Law and Politics.
2015. ¹ 3.
P. 411-428.
URL: https://en.nbpublish.com/library_read_article.php?id=52390
Abstract:
This article is dedicated to the analysis of the foundations and tendencies of modernization of the professional legal education that is defined by the vectors of development of law under the conditions of globalization. The author refers to the fundamental issues of the modern legal education through the prism of legal globalistics. These positions are the basis for rethinking the purpose and the point of legal profession in the modern society, which defines the limits of politics in the area of reform of the content and institutional aspects of legal education. A substantial part of this research includes the illumination of the integrational processes within the European education system as a whole, and the European field of legal education. The conducted analysis is directly linked to the research of the possible paths of development of the legal education system in Russia. The methodological foundation of the analysis consists in the understanding of the philosophy of modern legal education as more general approaches and principles that establish the purpose for the legal profession on both, national and international levels. The author bases the conclusion on the notion that increasing the role of law under the conditions of globalization suggests the forming of a new format of professional legal education that would solidify the value of law.
Keywords:
Legal profession, values of law, legal globalistics, Bologna process, juridical science, utilitarianism, fundamental education, educational sphere, European values, competitiveness of education
Biblion
Reference:
Yuzhakov V.N.
Peer review of the monograph "Legal Models and Reality"
// Law and Politics.
2015. ¹ 3.
P. 429-430.
URL: https://en.nbpublish.com/library_read_article.php?id=52391
Abstract:
This article present a peer review of the monograph “Legal Models and Reality” prepared by the members of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, under the leadership of Professor, Doctor of Juridical Sciences, and a Merited Scientist of the Russian Federation Y. A. Tikhomirov. The monograph is dedicated to the research of the legal models as the forecasted versions of the optimal legal regulation of future legal events and processes that reflect the level of current legal order and the trend of its progression, stages and indexes of economic, social and political development. Posing the problem of legal modeling required solution of new theoretical and practical-scientific tasks – substantiation of the role of the leading legal effect nature, types and development of new legal models based on modern theories and concepts, determining factors and versions of real deviations and planned legal models, formulation of proposals on improvement of the process of implementation of legal models. The author of this review analyzes the entire “life” cycle of the legal model – from the conception of the legal idea to its realization. The author illuminates the obstacles in the way of materialization of law into an objective reality.
Keywords:
monograph, effectiveness of the legal regulation, legal regulation, deviations within the law, legal models, peer review, reality, legal order, trends, deviations
Jurisprudence
Reference:
Sergeev D.B.
The features of municipal formation
// Law and Politics.
2015. ¹ 3.
P. 431-439.
URL: https://en.nbpublish.com/library_read_article.php?id=52392
Abstract:
This article discusses the features of municipal formation: the territory; charter; competence, including the right to introduce their own legal acts, including regulations, as well as the right to impose taxes, in accordance with the law; municipal property; budget; administrative center; name; official symbols. The author considers a controversial opinion, according to which the local governments are a feature of municipal formation, as the municipality may be considered as the structure of these branches of government.
Keywords:
legal acts of municipality, competence of municipal formation, bylaws of municipal formation, territory of municipal formation, municipal formation, jurisprudence, taxes of municipal formation, municipal property, local budget, municipal administrative center
Academic life
Reference:
Rerikht A.A.
Justice as an advantage to economy: between the expectation and reality (positions of the German legal experts)
// Law and Politics.
2015. ¹ 3.
P. 440-443.
URL: https://en.nbpublish.com/library_read_article.php?id=52393
Abstract:
This article presents some of the main results of a discussion on the role of justice, especially the legal system and the judges in Germany at the current stage of development of the society and the state with regards to not only law and order as a whole, but also in area of economy. The author highlights the statements made by the participants of the discussion on the flaws in the functioning of the German judicial system and its staff; the worsening of the material and procedural legal norms and the increase of their volume; the lack of public informing on the tasks and abilities of the modern courts, and the difficulties that the judges are faced with when they review civil, labor, or other cases. These and other elements, although somewhat lower the effectiveness of the legal system, do not take away from its importance, as German courts and judges are synonymous with high professionalism, independence and an extremely low chance of corruption. In the conclusion, the author reflects the positions of the experts on the ways and measures of improving the judicial system and defining the balance between the expectations and the reality of its function with regards to economy.
Keywords:
Corruption, law, court, court proceedings, judicial system, judges, labor arguments, justice, economy, lawyer