TOPICAL PROBLEMS OF HISTORY OF STATE AND LAW
Reference:
Serov, D.O.
Legislative process in Russia
in first quarter of XVIII century:
traditions and innovations
// Actual problems of Russian law.
2013. ¹ 8.
P. 933-939.
URL: https://en.nbpublish.com/library_read_article.php?id=63029
Abstract:
The article is devoted to the issue of combination of archaic and innovative specific features in
the Russian legislative process at the time of the reforms of Tsar Per the Great. It is established that the
tradition was followed insomuch as the legislator retained the idea that the key segment of the Russian
legislative system should be one codified act. Novel Ideas in the Russian legislative process in the first quarter
of XVIII century included 1) changes in the order of official publication of normative acts, which were
duplicated by typographic means; 2) formation of incorporation as a type of legislative systematization;
3) large-scale reception of the Western European legal institutions (especially Swedish); 4) the large-scale
involvement of the foreign specialist in the Russian service to the legislative drafting. The article for the first
time provides the data on the number of normative acts, which were made public by typographic means in
1714-1725, and of incorporated reports, which were published in 1718-1725. The author singles out and
characterizes three scenarios for the adoption of foreign legal experience in the law-making process In
Russia of the first quarter of XVIII century: 1) direct transfer of the foreign legal institution into the Russian
system with minimal adaptation; 2) in-depth adaptation of foreign specimen to the Russian conditions, attempts
to synthesize foreign and Russian legal institutions; 3) superficial fragmented borrowing of foreign
legal institutions (an extreme example of this scenario was the phenomenon of using foreign terminology
for the newly-formed Russian institutions, while these institutions were not analogous to any foreign institutions).
Much attention is paid in the article to the characteristic features of the second scenario, taking
the process of reception of the principle of structural and functional separation of judicial bodies from administrative
bodies.
Keywords:
jurisprudence, «police» state, general codification, legislation, incorporation, reception of law, legal propaganda, official publication of law, Peter the Great, legislative process, Directing Senate
TOPICAL PROBLEMS OF HISTORY OF STATE AND LAW
Reference:
Savchenko, D.A.
"To wish the Tsar good in everything":
the pledge of the nationals
to the Moscow Tsar (early XVII century)
// Actual problems of Russian law.
2013. ¹ 8.
P. 940-946.
URL: https://en.nbpublish.com/library_read_article.php?id=63030
Abstract:
The article is devoted to the studies of the legal system of the Moscow kingdom in early XVII century.
The author studies legal nature of the religious pledge to the tsar of the people of the Moscow kingdom.
Based upon the analysis of the text of cross-kissing writs of late XVI — early XVII centuries, the author defines
their types and functions. The cross-kissing writs are regarded as public legal means of influence on will and
conscience of the people of the state. The author provides characteristic features of state legal means, criminal
legal means and procedural means, as provided for in the cross-kissing writs, as well as consequences for
non-compliance with the obligations (loss of mercy of God, church damnation, capital punishments and other
types of punishment by the king). The article singles out the types of «cross» crimes, which included violations
of the «cross-kissing» pledge. The author provides most detailed analysis of the obligation «not to wish evil»
to the king, and the obligation to inform against the crime, of which one got to know. The author evaluates the «cross-kissing» as means of prevention of encroachments upon the bases of political regime of the Moscow
state and king himself
Keywords:
Moscow kingdom, legal system, pledge, cross-kissing writ, «cross» crime, preventive role of pledge, punishments, evil intention, witchcraft, obligation to inform against a crime.
TOPICAL PROBLEMS OF CONSTITUTIONAL LAW OF RUSSIA AND FOREIGN STATES
Reference:
Narutto, S.V.
Bases of constitutional order
of the Russian Federation
an its constituent subjects
in the decisions of the constitutional court
of the Russian Federation
// Actual problems of Russian law.
2013. ¹ 8.
P. 947-957.
URL: https://en.nbpublish.com/library_read_article.php?id=63031
Abstract:
The article discusses the bases of constitutional order of the Russian Federation through the prism
of legal positions of the Constitutional Court of the Russian Federation. Based on the examples of judicial
practice the author illustrates substantial aspects of the political, social, economic and spiritual bases of the
constitutional order, such as democratic state, recognition of human rights and freedoms as a supreme value,
republican form of government, separation of powers, ideological and political variety, multipartisan system,
federal state, independence of municipal self-government, rule-of-law state. The social economic bases of
constitutional order, which are best studied in constitutional justice, include freedom of establishment, unity
of economic territory, support of competition, recognition for variety and equal protection of various forms
of property, social state. The spiritual values are usually discussed by the Constitutional Court through the
analysis of the secular state. The Constitutional Court has expressed its legal opinions on almost all of the
pillars of the constitutional order, and these opinions enrich the laconic provisions of the Constitution of the
Russian Federation, and serve as landmarks for the legislators and law-enforcement bodies, as well as other
participants of public relations, including private entities.
Keywords:
constitutional, federalism, democracy, ideology, right, law, social, secular, politics, economics, parties.
TOPICAL PROBLEMS OF CONSTITUTIONAL LAW OF RUSSIA AND FOREIGN STATES
Reference:
Grigorieva, V.A.
Strategic economic planning in a state:
constitutional legal aspect
// Actual problems of Russian law.
2013. ¹ 8.
P. 958-966.
URL: https://en.nbpublish.com/library_read_article.php?id=63032
Abstract:
The basic functions of the state in economic sphere include strategical planning, which is established
for long-term perspective, it defines the key directions of economic development , it also shows the goals for
specific branches of national economy and key mechanisms for their achievement. The article is devoted to the
specific features of definition and contents of constitutional institution of state strategy in economic sphere
at the current stage of development. The goal-establishing acts of strategic character are currently being accepted
in Russia without any systemic approach or normatively established hierarchy, classification, structure
and requirements to their contents. The basic law in the sphere of economic strategical planning is the Law on
State Forecasting and Programs for Social and Economic Development of the Russian Federation, which fails
to reflect strategy and doctrine, which are actively applied in practice. The author uncovers the shortcomings
of legal regulation in the sphere of acceptation of program strategic documents in Russia and forms recommendations
for the improvement of the legislation in this sphere.
Keywords:
state, constitutional law, state strategy, state planning, economics, economic development, functions of the state, constitutional institution, focused programs, doctrines.
TOPICAL PROBLEMS OF CONSTITUTIONAL LAW OF RUSSIA AND FOREIGN STATES
Reference:
Novikov, M.V.
Egyptian model of clericalism:
history and constitutional provisions
// Actual problems of Russian law.
2013. ¹ 8.
P. 967-973.
URL: https://en.nbpublish.com/library_read_article.php?id=63033
Abstract:
The article describes the process of «Islamization» of the region, historical dynamics of legal and political
positions of religious organizations in Egypt. The author touches upon the problem of clericalization of
Egypt through the prism of specific features of its historical path.
Keywords:
jurisprudence, new Constitutions, clerical state, Egypt, clericalism, the Middle East, Arabian Spring, Islamization, Muslim Brothers, revolutions
TOPICAL PROBLEM OF FINANCIAL LAW
Reference:
Gnatovskaya, A.I.
Role of municipal unit in Russian
and Ukrainian budget law
// Actual problems of Russian law.
2013. ¹ 8.
P. 974-980.
URL: https://en.nbpublish.com/library_read_article.php?id=63034
Abstract:
The article describes the possibility of use of the term «municipal unit» in Ukrainian law via adoption
of the experience of Russian financial science. The author defines the characteristic features of municipal
union, as provided for in the Constitution of Ukraine, and she also points out the lack of the term, which would
unite them. In spite of the fact, that Ukrainian legislation uses the term «municipal self-government», one
should remember that it is not possible to unite the terms «municipal self-government» and «municipal unit»,
since the municipal self-government is a right of territorial community, while the municipal unit is comprised
by the territory and its inhabitants with their rights and interests. The author gives propositions for the possible
types of municipal units in Ukraine, taking into account its administrative and territorial structure and
unitary nature. The article also includes characteristics of the term «budget», as an object of budget relations,
which are formed between the municipal units and the state, as well as the analysis of its material, economic,
legal and political bases.
Keywords:
jurisprudence, budget, categories of the term «budget», budgetary relations, subjects of law, subjects of legal relations, municipal unit, local self-government, administrative and territorial unit, local budget.
TOPICAL PROBLEMS OF ENVIRONMENTAL LAW
Reference:
Artamonova, V.O.
State administration in the sphere
of protection and preservation of forests
// Actual problems of Russian law.
2013. ¹ 8.
P. 981-986.
URL: https://en.nbpublish.com/library_read_article.php?id=63035
Abstract:
This article contains analysis of state administration in the sphere of protection and preservation of
forests. The author analyzes several theoretical approaches to the definition of state administration of natural
recourses as a legal Institution and as an organizing activity of state bodies. The author formulates the definition
of state administration in the sphere of protection and preservation of forests as enforcement activity of
state government bodies on protection and preservation of forests, which is based upon the forest legislation.
The article includes classification of powers of state government bodies of the Russian Federation in the sphere
of forest relations into normative, legal, financial and administrative regulation of forest relations. The forest
regulation powers are partially transferred to the state government bodies of the constituent subjects of the
Russian Federation. Out of three «control levers» the regional governments gain most of administrative control.
The author characterizes three key government bodies currently implementing protection and preservation
of forests in the Russian Federation: the Federal Forestry Agency, the Ministry of Natural Resources of the
Russian Federation, Federal Service for Supervision of Natural Resource Usage.
Keywords:
jurisprudence, environmental law, forest law, state administration, protection, preservation, the Federal Forestry Agency, the Ministry of Natural Resources of the Russian Federation, Federal Service for Supervision of Natural Resource Usage, powers.
TOPICAL PROBLEMS OF LABOUR LAW
Reference:
Mzhavanadze, E.A.
Labor contract and untypical forms
of employment
// Actual problems of Russian law.
2013. ¹ 8.
P. 987-993.
URL: https://en.nbpublish.com/library_read_article.php?id=63036
Abstract:
The article is devoted to the issues of correlation of labor contract and untypical (alternative) forms
of employment in the conditions of modern legal regulation. The author attempts to evaluate the topical
issues of correlation of the novel forms of labor relations with the labor law and its traditional attitude to
the object of labor law and labor relations. The article includes two parts, which are devoted to theoretical
and legislative provisions for labor contract and some problems regarding legal regulation of untypical
forms of employment.
Keywords:
jurisprudence, labor contract, flexibility, untypical, employment, precarization, limited term, temporary, distance, work from home.
TOPICAL PROBLEMS OF CRIMINAL LAW
Reference:
Knyazeva, E.A.
Hijacking and seisure
of aircrafts and vessels for water transportation:
comparative legal aspect
// Actual problems of Russian law.
2013. ¹ 8.
P. 994-1000.
URL: https://en.nbpublish.com/library_read_article.php?id=63037
Abstract:
The article is devoted to the analysis of the experience of criminalization of hijacking and seizure of
aircrafts and vessels for water transportation. The author held a comparatively legal study of foreign legislation
in order to uncover differences and similarities in criminal legal regulation of responsibility for the criminal
acts in question in order to find the possible landmarks for the amendments to the Criminal Code of the Russian
Federation. Analysis of the provisions of criminal legislation of foreign states has shown the following: 1.
Many states have in their criminal legislation provisions on responsibility for hijacking and seizure of aircrafts
and vessels; 2) The norms of foreign legislations, which are similar to the norm of Art. 211 of the Criminal
Code of the Russian Federation, are present in most states, and their provisions are mostly identical with some
insignificant differences as to objective and subjective elements; 3) Existing differences are due to national legislative
traditions and requirements of correlation between criminal legal regulation and other circumstances
regarding legislative techniques.
Keywords:
jurisprudence, criminal law, hijacking, seizure, vessel, aircraft, ship, transportation, security, crimes.
TOPICAL PROBLEMS OF CRIMINAL LAW
Reference:
Karelova, G.A.
Legal force of decisions
of the constitutional court of Ukraine
on the issues of criminal law
// Actual problems of Russian law.
2013. ¹ 8.
P. 1001-1006.
URL: https://en.nbpublish.com/library_read_article.php?id=63038
Abstract:
The article is devoted to the legal force of decisions of the Constitutional Court of Ukraine on the issues
of criminal law. The author supports the position that legal force of legal acts of the Constitutional Court
of Ukraine is based upon the provisions of the Constitution of Ukraine, and the legal positions as enshrined in
the decisions of the Constitutional Court of Ukraine have material legal force, precedent character and they
are sources of law, criminal law included.
Keywords:
jurisprudence, criminal law, decisions, legal force, legal positions, constitutional court, source of law, force of law, precedent, the Constitution of Ukraine.
TOPICAL PROBLEMS OF CRIMINAL LAW
Reference:
Schedrin, N.V., Nikitina N.A.
On the legal nature and perspectives
of institution of release with the application
of compulsory measures
of educational nature
// Actual problems of Russian law.
2013. ¹ 8.
P. 1007-1011.
URL: https://en.nbpublish.com/library_read_article.php?id=63039
Abstract:
The article provides for a complex character of the institution of release with application of compulsory
measures of educational nature, which in the opinion of the author combines four types of measures
of criminal influence: punishment, encouragement, security and restoration. The authors make propositions
on the improvement of the existing criminal legislation via abolishment of the of release with application of
compulsory measures of educational nature, and, specifically, to exclude the «warning» from the list of limitations
and special requirements, and include in this list the following measures: «to take the social psychological
training course», «mediation procedure», prohibition of «contacts with certain persons», «visiting certain
places», make the list closed.
Keywords:
jurisprudence, release, punishment, security, restoration, encouragement, mediation, training, limitations, complex.
TOPICAL PROBLEMS OF ORGANIZATION OF LAW ENFORCEMENT ACTIVITIES
Reference:
Piunova, V.I.
Constitutional legal prerequisites
fo the formation
of system of administrative courts
in the Russian Federation
// Actual problems of Russian law.
2013. ¹ 8.
P. 1012-1016.
URL: https://en.nbpublish.com/library_read_article.php?id=63040
Abstract:
Currently the issue of formation of the system of administrative courts is topical in the Russian Federation.
It is necessary to note that accordance with the assignment of the President of the Russian Federation,
the Supreme Court of the Russian Federation, judicial community and scientific communities have been
actively working on the drafts of the Federal Constitutional Law on Federal Administrative Courts and the
Code of Administrative Judicial Procedure of the Russian Federation. This article includes analysis of the current
legislation of the Russian Federation, which possesses the constitutional legal basis for the formation of
administrative courts in the Russian Federation.
Keywords:
administrative justice, constitutional legal bases, administrative judicial procedure, specialized federal courts, administrative courts.
TOPICAL PROBLEMS OF FORENSIC SCIENCES AND JUDICIAL EXPERTISE
Reference:
Overchuk, D.S.
Development of judicial accounting expertise
in the USA and Canada at the turn
of XX century
// Actual problems of Russian law.
2013. ¹ 8.
P. 1017-1023.
URL: https://en.nbpublish.com/library_read_article.php?id=63041
Abstract:
The article includes analysis of specific features of formation and development of the judicial accounting
expertise in the USA and in Canada at the turn of XX century. The author describes most valuable
precedents, which facilitated the development of judicial accounting expertise; he also provides examples of
successful work of judicial experts — accountants, thanks to whom many socially resonant crimes were solved.
Attention is brought to the growing value of educational programs on directions for the judicial accounting
expertise.
Keywords:
jurisprudence, expertise, judicial accounting expertise, judicial accounting expertise in Canada, the USA, uncovering financial contrivances, educational programs on judicial expertise, economic crime, theft of funds, association of certified experts, fictitious accounting.
TOPICAL PROBLEMS OF INTERNATIONAL LAW
Reference:
Survillo, Y.V.
International legal responsibility
of states for the harm caused
to the environment by dangerous activities
// Actual problems of Russian law.
2013. ¹ 8.
P. 1024-1030.
URL: https://en.nbpublish.com/library_read_article.php?id=63042
Abstract:
It is noted in the article that regularly the right to implement especially dangerous types of activity is
usually provided by the state to the state enterprises or private persons under control of the states. The author
analyzes the problem of responsibility of states for the fulfillment of guarantees regarding absence of harm to
the environment of other states and regions outside the national jurisdiction due to the risky activities within
their jurisdiction. The author singles out two main principles (regimes), on which international responsibility
may be based: responsibility based upon the proven guilt of a person, and objective responsibility. The author
discusses various points of view on which regime should apply when the harm to environment is caused
by private companies acting under the state control. It is noted in the article that opinions of the scholars on
preferable regimes of responsibility under the international law and their application are divided. The author
supports the position that the general standard of international responsibility for the unlawful act in the presence
of proven guilt of the person should be amended by inclusion of the special regime of responsibility in this
sphere under which strict responsibility for the harm may be applied.
Keywords:
pollution, harm, environment, responsibility of states, international law, jurisprudence, guilt, strict responsibility, dangerous activity.
TOPICAL PROBLEMS OF THE EUROPEAN UNION LAW
Reference:
Chetverikov, A.O.
Legal aspects of bilateral integration
of European states in the sphere
of international security guarantees:
the example of Franco-German Brigade
// Actual problems of Russian law.
2013. ¹ 8.
P. 1031-1040.
URL: https://en.nbpublish.com/library_read_article.php?id=63043
Abstract:
The article is devoted to the analysis of legal status of a unique military formation, which was formed
on a bilateral basis by two largest EU Member States — the Franco-German Brigade. The author discusses the
general patterns of legal regulation of bilateral integration of the modern states in military and other spheres,
historical prerequisites and stages of Franco-German military cooperation, order of formation and functioning
of the Franco-German brigade, its inner structure and mechanism of its use in peace-making and other
military operations.
Keywords:
jurisprudence, integration, national security, the European Union, military construction, the Franco- German Brigade, NATO, defense, the Eurocorps, military cooperation.
TOPICAL PROBLEMS OF LEGAL EDUCATION
Reference:
Shugrina, E.S.
Autonomy of a higher education institution
and academic freedoms: correlation
of international and national legal regulation
// Actual problems of Russian law.
2013. ¹ 8.
P. 1041-1049.
URL: https://en.nbpublish.com/library_read_article.php?id=63044
Abstract:
Based on the analysis of international legal acts the article discusses the contents of the term «academic
freedoms», which the author offers to interpret as freedom of lecturing and academic research, freedom
of education, institutional autonomy of a higher education institutions. The article consecutively evaluates
specific features of legal regulation of the above-mentioned elements. The work shows that depending
on the contents of the term «academic freedoms», the subjects (the bearers of rights) include lecturers, scientific
researchers, students, other trainees, educational institutions. It is also shown that the domestic Russian
legislation on these issues generally complies with the international norms. However, analysis of Russian
legislation allows for drawing a conclusion that «academic freedom» is mostly related to the educational
institutions and scientific and pedagogical workers. For the students academic freedom meant the ability to
gain knowledge in accordance with their intentions and needs, to choose state, municipal, or private higher
educational institution. The work includes analysis of the practice of the European Court of Human Rights and
the Constitutional Court of the Russian Federation.
Keywords:
academic freedom, students, trainees, educational institution.