State institutions and legal systems
Reference:
Trofimova I.N.
Indexes and objectives of the socio-economic development of the Russian regions
// Law and Politics.
2015. ¹ 10.
P. 1356-1361.
URL: https://en.nbpublish.com/library_read_article.php?id=52505
Abstract:
This article examines the peculiarities of the socio-economic development of the regions in Russia. The relevance of this research is justified by the growing disparity between various social classes, as well as separate territories. A special attention is given to the analysis of the correlation between the level of gross regional product (GRP) per capita and the level of average monthly income amongst region’s inhabitants. These indexes are reviewed not only as important factors of current situation within the regions, but also as strategic markers of a long-term socio-economic development. The theoretical and methodological basis of the research consists of the combination of positions that argue the greater importance of internal potential of socio-economic development of the regions in comparison to the administrative and political factors. The main conclusion of the research is determination of the existing disparity within the current socio-economic position of the regions and unfounded domination of the administrative and political approaches in setting the long-term goals for regional development. Inclusion of the indexes of the average monthly income and GRP into the long-term strategies for the socio-economic development of the regions must account not only for the administrative measures, but also for the development of internal potential of the regions, their cultural, economic, and social specificity.
Keywords:
socio-economic development, region, regional policy, average wages, gross regional product, indicators, development strategies, strategic planning, regional disparity, internal potential
State institutions and legal systems
Reference:
Volkov N.A.
Legal regulation of the work of regional commissioners for human rights if the federal legislation of the Russian Federation
// Law and Politics.
2015. ¹ 10.
P. 1362-1367.
URL: https://en.nbpublish.com/library_read_article.php?id=52506
Abstract:
The object of this research is the institution of commissioners for human rights on the Russian Federation, including the regional commissioners for human rights. The subject of this research is the legal regulation of the work of regional commissioners for human rights. A special attention is given to the analysis of regulation of the work of regional state human rights activists by the federal legislation of Russia. The article examines the latest innovations of the federal legislation in the area of regulation the work of regional commissioners for human rights. The scientific novelty of this research consists in the fact that since the emergence of the new state mechanism for human rights in the Russian Federation – the human rights institution – over the period of almost twenty years State Duma adopted several amendments to the federal law “On the Principles of the Activity of Commissioners for Human Rights in Constituents of the Russian Federation”. The need for introduction of such law was justified by the lack of proper regulation in the relationship between federal and regional human rights activists, federal executive authorities, and regional commissioners, as well as the insufficient guarantees of the independence of regional commissioners in certain constituents of the Russian Federation. This whole time, only regional laws served as the legal basis of the activity of regional ombudsmen. Currently, the problem is solved due to adoption of the Federal Law of April 6, 2015 No.76-FZ “On Introducing Amendments to Certain Legislative Acts of the Russian Federation for Improvement of Activities of Commissioners for Human Rights”. The author’s contribution into this research consists in his participation in the course of development of this legislative law as a part of a team under the Commissioner for Human Rights of the Russian Federation.
Keywords:
convict, common legal space, protection of human rights, human rights defender, legal status, unsettled relations, regional legislation, Federal Law, legal status of foreign citizens, human rights activity
Transformation of legal and political systems
Reference:
Matrenina K.Yu.
Genesis and evolution of electronic voting in Brazil, Canada, and the United States
// Law and Politics.
2015. ¹ 10.
P. 1368-1373.
URL: https://en.nbpublish.com/library_read_article.php?id=52507
Abstract:
Over the recent years, the interest in electronic democracy has increased, and the ability to implement technical means attracted a bigger audience towards electronic voting. The goal of this work is to explore the experience of Brazil, Canada. And the United states in the area of implementing the electronic voting. The author analyzes the development process of the electronic voting within mentioned countries, as well as the measures taken in order to protect the means of this type of voting. The scientific novelty of this work consists in the fact that for the first time within the framework of the Russian juridical science, the international experience of implementing the system of electronic voting on the example of Brazil and Canada is being thoroughly examined. This work emphasizes that application of electronic voting has lots of advantages: speed of counting voices and receiving results, increase of voters’ turnout, voters’ trust towards the modern voting system, and many others. Based on the conducted research, the conclusions are made about the possible positive effect of the international experience upon the development and advancement of the Russian system of electoral democracy, as well as the need for further development of the system of electronic voting.
Keywords:
Electronic voting, Brazil, Canada, United States, Machines, Internet, Elections, Technologies, Safety, Electoral system
Transformation of legal and political systems
Reference:
Lebedev V.S., Khalilova A.S., Lysenko Yu.M.
Establishment of political system in the Republic of Adygea during the 1990-1996 years
// Law and Politics.
2015. ¹ 10.
P. 1374-1379.
URL: https://en.nbpublish.com/library_read_article.php?id=52508
Abstract:
This article is dedicated to the development of political system of the Republic of Adygea at the time of establishment of its statehood. The author examines such aspects of the topic as relations between Adygea and Krasnodar Krai during the period in question, influence of the ethnical factor upon the political development of the republic, formation of the electoral system and the constitutional mechanism of the division of powers. This work thoroughly analyzes the key contradictions which became a reason for existing conflicts and disputes, as well as the specificity of Adygea in the context of other republics of North Caucasus. The conclusion is made about the importance of ethnic factor during the establishment of the political system of Adygea, which manifested itself in the context of the Constitution of the Republic of Adygea, as well as in the electoral practices. The juridical analysis of the normative legal base allowed us to conclude that Adygea formed a semi-presidential model of government.
Keywords:
Electoral systems, Conflicts, Constitutional structure, Ethnic groups, Political system, Political development, Adygea, Disolution of USSR, Sovereignty, Cultural division
Law and order
Reference:
Davydova K.V., Razogreeva A.M.
Analytics of criminalization: depth against surface (on the example of laws “on drunk driving”)
// Law and Politics.
2015. ¹ 10.
P. 1380-1390.
URL: https://en.nbpublish.com/library_read_article.php?id=52509
Abstract:
The focal point of this article became a positivist-sociological and constructionist analysis of criminalization based on the example of “infamous” criminal law of the recent years “on drunk driving” (Federal Law of the Russian Federation of February 13, 2009 No. 20-FZ “on the Amendment to Article 264 of the Criminal Code of the Russian Federation” and Federal Law of December 31, 2014 No. 528-FZ “On Amendments to Separate Legislative Acts of the Russian Federation on the Question of Enhancing Criminal Responsibility for Violation of the Traffic Code”. The authors suggest using two analytical models of researching the selected analytical case – positivist-sociological and constructionist. The scientific novelty consists in simultaneous application of the two analytical models in the context of the legal material “on drunk driving”, which allows making the following conclusions:
1) There are different ways of analyzing the process of criminalization. The use of the traditional to Russian jurisprudence methodology of the theory of criminalization makes it possible to establish the presence or absence of the grounds for criminalization. The constructionist approach allows “capturing” certain realities of the legislative process.
2) With regards to the examined case both, the Soviet theory of criminalization and the alternative constructionist approach provide their strategic potential: the first detected the flaws of criminalization arguments, and the second – means of promotion of the legislative act
Keywords:
Legislative process, Criminalization, Discourse, Statistical analysis, Sociologism, Constructionism, Analytical models of research, Criminal law, Traffic code violations, Alcohol intoxication
International relations: interaction systems
Reference:
Surma I.V.
Legislative countermeasures and migration component of the new “soft threat” to the European Union
// Law and Politics.
2015. ¹ 10.
P. 1391-1399.
URL: https://en.nbpublish.com/library_read_article.php?id=52510
Abstract:
Based on the comparative legal approach, this article analyzes the modern migration processes and the processes of liberalization of migration legislation within the European Union and the Brussel’s attempts to build protection of its external boundaries in order to confront the new “soft threat” to its security. The European legislation, legislation of separate European states in the area of migration policy, as well as the international legal regulation on the issues of migration are being reviewed in the course of this research. The author examines various social-economic factors that encourage the illegal migration into the European states, as well as individual structures of the EU responsible for fighting against illegal migration (European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union – Frontex). It is stated that the realization of “democratic reforms” by Western countries lead to the onset of total chaos due to the fact that the local population of African and Asian states found themselves on the edge of the humanitarian disaster. It is evident that the amount of refugees in Europe has grown significantly. However, despite the negative experience of previous policy changes with “good intentions”, the EU continues to have the same policy with regards to a number of countries including Ukraine and Syria, further worsening the “push factor” of migration within these regions of the world.
Keywords:
European Union, Refugees, Dublin Regulation, Illegal migration, Frontex, Soft threat, Transit countries, Readmission, Immigration, European legislation
International security systems
Reference:
Manoylo A.V.
Color revolutions in the context of hybrid warfare
// Law and Politics.
2015. ¹ 10.
P. 1400-1405.
URL: https://en.nbpublish.com/library_read_article.php?id=52511
Abstract:
This article is dedicated to the role of the color revolutions technologies in the modern hybrid warfare which under the conditions of crisis of the unipolar world system and chaotization of the international relations became the newest forms of armed conflict. Hybrid warfare are waged using non-military forms of influence upon the enemy, such as technologies of information warfare and psychological operations, instruments of economic isolation and blockade, mechanisms of political destabilization inside the country; and namely these means force him to comply with the aggressor. Military force in hybrid wars is usually applied only after the outcome of the fight is clear, and is used to demonstratively “punish” the losing side. The color revolutions however, despite implementing same instruments to destroy the enemy in their schemes and scenarios, considerably differ from hybrid wars in their tasks and goals, and play an independent role in the modern processes of desovereignization, collapse, and dismantlement of political regimes.
Keywords:
International relations, Color revolutions, Hybrid warfare, Geopolitics, USA, Society, Politics, International conflicts, Political stability, Security
XXI century International law
Reference:
Shugurov M.V.
The questions of protection of intellectual property rights with regards to transferable technologies within multilateral environmental treaties
// Law and Politics.
2015. ¹ 10.
P. 1406-1420.
URL: https://en.nbpublish.com/library_read_article.php?id=52512
Abstract:
The subject of this research is the analysis of the regulation of protection of intellectual property rights within international treaties and political legal documents pertaining to international environmental law, which is currently the component of the so-called international law for sustainable development. The author examines the debatable issues associated with the modern understanding of the effects of protection of intellectual rights, especially patent laws for international transfer and diffusion of technologies, especially “green” technologies. A special attention is given to the analysis of regulation of protection of exclusive rights for transferable technologies within the framework of the Rio de Janeiro conventions, as well as the similar issues at the level of “soft” international law in the area of sustainable development. A focus is made on the study of the positions of developed and developing countries on the issue of nature and the necessary level of protection of patent rights in the process of international transfer of technologies, which is mainly aimed at aiding developing countries in forming their own scientific-technological and innovational potential. The author’s contribution into the research of this topic is the systemic analysis of the position of environmental conventions from the perspective of their collisions with the positions of international law on intellectual property. Among the main conclusions of the conducted research is the acknowledgement of the dual effect of the protection of intellectual property rights upon the achievement of the goals of international transfer of technologies.
Keywords:
green technologies, international environmental law, patent law, developing countries, international technology transfer, sustainable development, exclusive rights, capacity building, TRIPS Agreement, biotechnology
XXI century International law
Reference:
Khuzikhanova A.R.
Trends of development of the courts within the regional integrational institutions. Prospects of the Court of the Eurasian Economic Community
// Law and Politics.
2015. ¹ 10.
P. 1421-1426.
URL: https://en.nbpublish.com/library_read_article.php?id=52513
Abstract:
The subject of this research is determination of the model of the Court of the Eurasian Economic Community (EurAsEC Court) by comparing the qualifying components and characteristics of the most common models of courts of the international integrational institutions with the judicial mechanism of the EurAsEC Court itself. The goal of this work is forecasting the prospects of the development pf EurAsEC Court by taking into account the experience of other types of courts within the corresponding organizations. In the author’s opinion it can produce a positive effect upon the entire system of the Eurasian Economic Union. The scientific novelty consists in the fact that the author analyzed and determined the most common and patterned models of the judicial mechanisms within the international integrational institutions – Dispute Settlement Body of the World Trade Organization and Court of Justice of the European Union. The author came to a conclusion that the EurAsEC Court does not fit any of the described models, and rather represents a more unique institution, but nevertheless, its reference to the experience of the Court of Justice of the European Union is still evident. The author points out some flaws of the EurAsEC Court and offers most realistically implementable solutions.
Keywords:
Eurasian Economic Union, Court of the Eurasian Economic Union, Court model, Regional organization, Judicial mechanism, International integrational institution, ECJ, Dispute Settlement Body of WTO, Judicial practice, Supranationalism
JUDICIAL POWER
Reference:
Vinokurov A.Yu.
Ruling No. 2-P of the Constitutional Court of the Russian Federation from February 17, 2015 and the importance of its resolutive part for the theory and practice of prosecutor’s supervision
// Law and Politics.
2015. ¹ 10.
P. 1427-1432.
URL: https://en.nbpublish.com/library_read_article.php?id=52514
Abstract:
The subject of this study is the positions of the resolutive part of the ruling No. 2-P of the Constitutional Court of the Russian Federation, which, upon examination of complaints and results of a session, rendered a number of important positions, called to define the vectors of development of science in prosecution for the foreseeable future, as well as influence the correction of law enforcement practice in the work of prosecutors carrying out the oversight of law obedience. In the process of studying the key positions of the resolutive part of the examined ruling, the author compares the position of the Constitutional Court of the Russian Federation with the current law enforcement practice, as well as the theoretical views within prosecution. The main conclusions of the conducted research come to the fact the Constitutional Court of the Russian Federation in its ruling confirmed the legality of a number of current behavioral models of prosecutors in carrying out oversight of law obedience, and in some instances even exceeded expectations.
Keywords:
Lawfulness, Law obedience, Constitutional Court, Prosecutor’s office, Prosecutor’s power, Ruling, Legal position, Inspection, Prosecutor, Prosecutor’s supervision
Human and state
Reference:
Egorova M.A.
A person in a multicultural society: the problem of self-identification
// Law and Politics.
2015. ¹ 10.
P. 1433-1442.
URL: https://en.nbpublish.com/library_read_article.php?id=52515
Abstract:
The subject of this research is the review of the process of self-identification that happens on the background of the formation of multicultural society with all its diversity, and at the same time with specific problems that are inherent for such type of a social construct. An analysis is conducted on the changes of human identity in the multicultural societies, and the attitude of an individual towards the surrounding multicultural world. The article examines the multiculturalism as a blueprint of a social structure in various countries of the world, especially in the countries of Western Europe and the European Union, where the character of multiculturalism is most evident. The author attempts to trace the cooperation of various groups in the framework of multicultural societies within other regions of the world such as Asia (an accent is made on China and Taiwan) and Europe. A conclusion is made on the need to search for a complex approach on the integration of not only groups, but work with separate individuals as well (on the level of schools, institutes, centers for studying the language and culture of the accepting community, etc.).
Keywords:
dialogue, integration, conflict, globalization, identity, religion, culture, nation, civilization, society
Anthropology of law
Reference:
Khlopaeva N.A.
Complex approach in the research of social regulators
// Law and Politics.
2015. ¹ 10.
P. 1443-1448.
URL: https://en.nbpublish.com/library_read_article.php?id=52516
Abstract:
The subject of this research is the social regulators and their role in ensuring a stable development of the socio-political system. The author suggests a complex approach for examining the entirety of the mechanisms of maintaining social order. The general characteristics of the main social regulators such as law, moral, religion, and traditions serve as prerequisites; each of the regulators contains the idea on proper behavior and offers a system of sanctions, thanks to which, in the process of socialization a person develops the very practice of the everyday interaction with the system of norms, and obtains the abilities of self-control and adherence to external prohibitions. Each of the regulators assists in increasing the efficiency of other regulators, complementing the spheres in which they have limitations. Only as a whole do they form both, rational and irrational motivation for socially beneficial, lawful behavior. The article presents some results of the author’s research into the dominating social regulators of youth behavior. The main conclusions are provided based on the results of the polls among youth of 16-24 years of age: the most support is expressed for the moral norms and traditions; vulnerable factors are the duality and uncertainty of the choice in legal and moral spheres, and the main vector of rejection in towards the religion.
Keywords:
Religion, Moral, Law, Social regulators, Social norms, Society, Public order, Traditions, Complex approach, Sociology of law
Anthropology of law
Reference:
Antonov V.F.
Axiological aspects of lawful behavior
// Law and Politics.
2015. ¹ 10.
P. 1449-1454.
URL: https://en.nbpublish.com/library_read_article.php?id=52517
Abstract:
The presented article is dedicated to the examination of axiological aspects of lawful behavior, as well as to the analysis of scientific approaches formed on that issue. The object of this research is the social relations, which provide the establishment of the mechanisms of lawful behavior in the conditions of free declaration of will. The subject of this work is the axiological aspects of lawful behavior that are manifested in various behavior traits. A special attention is given to the questions of emergence and development of the theoretical ideas on moral principles of the legal liability. The modern approaches towards understanding the nature of modern lawful behavior, as well as the outlook of the renowned scholars exploring this problem, are being analyzed in the course of this work. The scientific novelty of the research consists in determination of factors and prerequisites of lawful behavior, which comply with the system of values and positively affect the parties of the established system of legal relations. In author’s opinion, the lawful behavior is based on the fundamental values, which maintain a necessary level of legal order, moral, and ethic. Despite the multiple approaches towards the understanding of dialectical category of right and wrong, the article presents a proper outlook, which is based on the absolute values and substantiates the existing system of public responsibilities.
Keywords:
legal regulation, public interests, lawful behavior, personality, legislation, moral, ethic, legal regulations, legal obligations, responsibility
History of state and law
Reference:
Biyushkina N.I.
Comparative legal analysis of the legislation on the state of exception in Russia and other countries in the second half of the XIX century
// Law and Politics.
2015. ¹ 10.
P. 1455-1460.
URL: https://en.nbpublish.com/library_read_article.php?id=52518
Abstract:
This article is dedicated to the comparative legal analysis of such ambiguous concept within the theory of state and law as state of exception. The author examines the process of development and passing the bill “On Measures to Protect State Security and Public Peace” from August 14, 1881. This was the key legal construct within the framework of domestic political safety course of the Russian state during this period. The article explains the purpose of implementing the state of exception, its concept, main aspects, and presents the comparative legal characteristics with similar legal constructs in foreign legislation. The author gives a detailed analysis to the processes of formation and functionality of the legislation on state of exception, determines the role of noted Russian state and public actors in development and passing of the bill in August of 1881, as well as other normative legal acts that regulated the regime of state of exception.
Keywords:
State of exception, Security course, Comparative legal analysis, Committee of Ministers, Exceptional legal regulation, Exceptional circumstances, Administrative law, Administrative authority, Citizen rights, Emergency security
History of state and law
Reference:
Falaleeva I.N.
“Language policy as a component of the legal policy in the Soviet state during the 1920’s-1930’s (based on the archive materials of Volga-Don region)"
// Law and Politics.
2015. ¹ 10.
P. 1461-1465.
URL: https://en.nbpublish.com/library_read_article.php?id=52519
Abstract:
This article focuses on the historico-legal issue, namely the analysis of the language policy in the Soviet Union, as one of the main vectors of the legal policy within the framework national question. Basing on the new archive materials, the author points out that the organized and legal support of the ability to obtain higher education in native language and responsibilities of the Soviet government officials to conduct clerical correspondence in local languages reflected the subjectivity of the Lower Volga Krai residents, including the national minorities transferred over to the new Turkic alphabet. In the course of the conducted research, the author confirms the thesis that the Soviet government officials were forced to follow the hierarchy of political administrative divisions as well as legal policy with regards to language. The amount of languages “necessary” for a successful career advancement varied depending on the administrative territorial status of a constituent. Latinisation of language graphics of national minorities in the Volga-Don region produced controversial results.
Keywords:
Ethnic legal personality, Autonomous region, Autonomous Republic, Latinisation, Localization of institution, National minorities, National question, New Turkic alphabet, Legal regulation, Language promotion
Legal and political thought
Reference:
Udartsev S.F.
“SENT BY THE PROVIDENCE FOR GLOBAL REVOLUTIONS…” (For the 200th anniversary of the birth of Mikhail Bakunin)
// Law and Politics.
2015. ¹ 10.
P. 1466-1478.
URL: https://en.nbpublish.com/library_read_article.php?id=52520
Abstract:
This article presents the general characteristic of Mikhail Bakunin (1814-1876) as an individual, political actor, and renowned political thinker. His work contained ideas that were critical and positive, utopian, and often ahead of their time. The thinker is portrayed as the representative of ideas and processes of global integration of human civilization, bright expresser of critical ideas and revolutions as periodically repeating phases of development within historical evolution of humanity. The article touches on the issues of evolution and the specificity of the thinker’s ideas about political integration of humanity, the future and role of the consciousness of social development, controversial consequences of criticism towards statehood and augmentation of personal liberties, as well as revealing the “hidden side” of the potential of statehood and the limits of its realistic effect upon the evolution of political institutions. The significance of this article lie in its generalizing character, attempt to understand the place of the thinker and his ideas within history from the modern perspective of acknowledging revolution as a controversial, often tragic ans costly technique of clearing the path for the future, although during specific historic moments becoming unavoidable in certain countries even in the XXI century.
Keywords:
Jurisprudence, Integration of humanity, Freedom, Revolution, Critical thought, Evolution of statehood, Globalization, Anarchism theory, Understanding state potential, Constitutional doctrines
Jurisprudence
Reference:
Zanko T.A.
Approaches towards classification of the executive authorities
// Law and Politics.
2015. ¹ 10.
P. 1479-1484.
URL: https://en.nbpublish.com/library_read_article.php?id=52521
Abstract:
This article is dedicated to the various approaches towards classifications of the executive authorities demonstrated by the relevant examples of the system of government administration of the Russian Federation. The author examines the following criteria for classification: territorial scale of activity and level of functioning, decision-making process, volume and character of competence, jurisdiction, organizational legal form, mechanism of creation, method of electing the leader. The article also analyzes the All-Russian Classifier of State Government and Administration. As the result of this research the author determines that the system of federal executive authorities interferes with the multiple types of the executive bodies of the constituents – departments, administrations, committees, agencies, services, supervision, inspections; however, each of the constituents possesses a particular approach towards understanding the authority of such bodies, which considerably complicates the mechanism of government administration.
Keywords:
Classification, Criteria for classification, Service, Agency, Ministry, Executive authority, Public administration, Federation, State agency, Public authority
Jurisprudence
Reference:
Aristov E.V.
Definition and multidimensionality of the concept of poverty
// Law and Politics.
2015. ¹ 10.
P. 1485-1491.
URL: https://en.nbpublish.com/library_read_article.php?id=52522
Abstract:
The subject of this research is the formation of the concept of poverty in both, the scientific and normative senses. The author reviews such aspects of the topic as deprivation and alleviation of poverty. A special attention is given to the content of the concept of poverty within historical perspective, beginning with the late until today. The author analyzes the opinions of foreign researches on the issue of poverty, as well as the types of poverty among various individuals. The distinction between the extreme poverty and the chronic poverty, as well as the means and methods of assessment of poverty are being examined. The main conclusion consists in the different aspects of understanding of the phenomenon of poverty. The scientific novelty of this work lies in the research of such definitions as “extreme poverty”, “chronic poverty”, “deprivation of poverty”, and “alleviation of poverty”. Author’s main contribution into this work is the examination of the content and ontology of the concept of poverty not only from the position of scientific and juridical literature, but also from the standpoint of public authorities and international organizations.
Keywords:
Concept of poverty, Ontology of poverty, Deprivation, Alleviation, Phenomenon of poverty, Types of poverty, Categories of poverty, Child poverty, Assessment of poverty, Extreme poverty