HISTORY OF STATE AND LAW
Reference:
Serov D.O. (2013). Forgotten versions of the Articles
of War and «Brief Description
of Processes and Judicial Proceedings»
(from the history of codification
of military legislation
of Russia in XVIII century). LEX RUSSICA (Russian Law), 2, 113–121. https://en.nbpublish.com/library_read_article.php?id=62399
Abstract:
The article is devoted to the little-known page of history of codification o Russian military legislation.
The author provides systematic description of the conditions under which the largest acts in military procedural
and criminal legislation of Russia in XVIII — early XIX century («Articles of War» and «Brief Description of
Processes and Judicial Proceedings») were formed. Based on the use of the authentic publications and archive
sources, which were not previously introduced to the scientific turnover, the author shows that the first version
of «the Brief Description of Processes» was issued in 1712, and the first version of «the Articles of War»
was issued in 1714. The author states that both legislative drafts were written by a lawyer and ober-auditor
E. Krompein. In this article the author provides for the first time the analysis of differences between the draft
of «the Brief Description of Processes» and its versions of 1712 and 1715, as well as the differences between
the versions of «the Articles of War» of 1714, 1715 and 1719. The author also casts light upon the history of
publication of these acts in the first quarter of the XVIII century, and he characterizes the role of Tsar Peter the
1st in their drafting. The article includes a complete list of normative sources, which were used in development
of the draft for «the Brief Description of Processes» and «the Articles of War». Finally the author established
that when the «Complete Collection of Laws of the Russian Empire since 1649» was published an unofficial
publication of the above-mention acts of 1748 was mistakenly used.
Keywords:
jurisprudence, the Articles of War, codification, military criminal legislation, military procedural legislation, the Brief Description of Processes, legislative process, Tsar Peter the 1st, military courts, E. Krompein.
HISTORY OF STATE AND LAW
Reference:
Zholobova G.A. (2013). Problem of protection of rights
of customers in the sphere
of foodstuffs in the Russian mechanism
of legal regulation
in 1881–1913. LEX RUSSICA (Russian Law), 2, 122–134. https://en.nbpublish.com/library_read_article.php?id=62400
Abstract:
The article is devoted to the topical problems of protection of rights of customers In the sphere of
foodstuff goods, which worried the Russian people in the last century. Taking the falsification of butter as
an example, the author shows the difficulties of legal organization of fighting falsification and the solutions
used. The study of the archive documents and analysis of the normative legal acts of the Russian Empire of
1881-1913 allowed the author to show the specific features of the Russian legal regulation mechanism against
falsification of foodstuffs and unfair competition.
Keywords:
jurisprudence, law, trade, foodstuffs, butter, margarine, customer, falsification, supervision, seller, responsibility.
RESEARCHES OF RUSSIAN STATEHOOD
Reference:
Vorobiev S.M. (2013). Discrimination violations
of human rights in Russia and abroad:
current conditions and the perspectives
for prevention. LEX RUSSICA (Russian Law), 2, 135–142. https://en.nbpublish.com/library_read_article.php?id=62401
Abstract:
The object of study in this article includes social relations In the sphere of fighting discrimination in
Russia and in the Baltic states. The goal of the article is to characterize discrimination practices in the sphere
of human rights and the activities of the Plenipotentiary on Human Rights in Russia and the Plenipotentiaries
in the constituent subjects for the Russian Federation. The methodological basis for the scientific article includes
such scientific cognition principles, as historicism, objectivity, systemic character and complex character.
The results of this article are related to the legal characteristics of cases of discrimination in Russia and in
the Baltic states, as well as to the development of the Plenipotentiary on Human Rights as a legal institution.
The author also draws a parallel between discrimination and migration processes in the state. The conclusions
in this article may be used in educational and scientific work, while studying the problems of protection of human
rights, as well as in teaching Constitutional Law and Theory of State and Law.
Keywords:
jurisprudence, rights, person, discrimination, protection, violation, migration, state, law, violations.
RESEARCHES OF RUSSIAN STATEHOOD
Reference:
Narutto S.V. (2013). Special territorial units within
the structure of Russian state. LEX RUSSICA (Russian Law), 2, 143–154. https://en.nbpublish.com/library_read_article.php?id=62402
Abstract:
The article includes the study of various territorial units within the structure of the Russian Federation,
which were created for the sake of greater efficiency of government. The largest of such units are districts.
The author studies specific features of the legal regimes of federal, military, judicial, border and election
districts. Analyzing the consequences of the formation of Federal Districts in the Russian Federation, as well
as institution
Of the Plenipotentiaries of the President of the Russian Federation at the Federal Districts, the author notes
the systemic changes in the placement of many territorial units of the federal bodies, strengthening rule of
law, and greater manageability of the constituent subjects of the Russian Federation. The author views military
districts as territories, which are established in order to optimize the structures governing the Military
Forces of the Russian Federation, as military administrative units. She also analyzes the problems of judicial
districts as a type of judicial territory, to which the jurisdiction of justices of peace is applied. The author
views the order of formation of the referendum district and election districts, as well as the types of election
districts, which are territorial units for organization of elections and referendum in the territory of the Russian
Federation. Analyzing the regime of the border area, the author notes the lack of development of the Russian
border territory, if compared to the states, which actively use beneficial geographical factors, such as the territorial
closeness of potential foreign partners for the border trade. The author also views other territorial units,
such as territory of closed administrative territorial units, specialized economic zones, science cities. Having
studied the legislation on the innovative center «Skolkovo», the author pays attention to the fact that the
legislation mixes up the terms of «territory» and «plots of land», as well as to the fact that there are sub-soil
assets and waters on the territory of Skolkovo, but the legislator does not mention them. The author also pays
attention to the regime of specially protected natural territories, territories of traditional use of nature of the
native small-numbered peoples of the North, Siberia and the Far East of Russia. The author views the territory
of the capital (the capital territory), as well as the regime for the territory of «Baikonur», which is situated in
the Republic of Kazakhstan and rented by Russia.
Keywords:
jurisprudence, territory, state, districts, plots of land, Baikonur, capital, small-numbered, protected, natural.
IMPROVEMENT OF LEGISLATION
Reference:
Besedin A.N., Kozina E.A. (2013). Development of the system
of legal entities in civil legislation. LEX RUSSICA (Russian Law), 2, 155–167. https://en.nbpublish.com/library_read_article.php?id=62403
Abstract:
The article is provided within the framework of scientific work of the Moscow State Legal University
named after O.E. Kutafin on the complex character of corporate relations — problems of theoretical studies
and normative legal regulation. The article includes systematization of the legal entities under the Russian
civil legislation with due attention to the nature of corporate relations. The author also analyzes the draft of the Federal Law «On the Amendments to the Part 1, 2,3, 4 of the Civil Code of the Russian Federation», which
was prepared based on the Concept of Development of Civil Legislation.
Keywords:
jurisprudence, legal entities, corporate relations, subject of law, corporate organization, unitary organization, commercial organization, non-commercial organization, system of legal entities, draft on amendments to the Civil Code of the Russian Federation.
IMPROVEMENT OF LEGISLATION
Reference:
Papulova Z.A. (2013). Theoretical bases for the acceleration
of the civil judicial procedure. LEX RUSSICA (Russian Law), 2, 168–180. https://en.nbpublish.com/library_read_article.php?id=62404
Abstract:
The article is devoted to the issue of acceleration of civil judicial procedure via the study of the civil
procedural forms and its structural components. Based on the philosophical views on motion and the constant
presence of two opposed matters, which are stability and changeability, the author comes to a conclusion on
the natural existence of these factors within the procedural form. Developing this position, the author provides
the features, which characterize the procedural form from the point of view of its stability, and she establishes
specific qualities, which provide for changeability: flexibility and dynamic character. The author considers that
the dynamic character is expressed in the differentiation of the procedural form, which is closely related to the
simplified forms of judicial procedure. The author also providers her definition of differentiation of procedural
form, and offers the definition for the accelerated judicial procedure, its forms, as well as the definition for the
means of acceleration, and their division into general and specific means. Additionally, the author provides for
the technological difference of terms of simplified and accelerated judicial procedure, providing the criteria
for their distinguishing.
Keywords:
jurisprudence, judicial procedure, procedural form, stability, changeability, dynamic character, differentiation, means of acceleration, accelerated judicial procedure, simplified judicial procedure.
Discussion forum
Reference:
Lazarev V.V. (2013). Legal science: current state,
challenges and perspectives
(theoretical thoughts). LEX RUSSICA (Russian Law), 2, 181–191. https://en.nbpublish.com/library_read_article.php?id=62405
Abstract:
The cognition of legal science can be achieved with various methodologies, from the abstract metaphysics
to the all-permeating empiric studies. The most acceptable general systemic approach allows to integrate
the strengths of the all known methods of theoretical and practical analysis. This approach allows to
single out the historic periods of development of science. The author attempts to view inner and outer factors
of development of the Russian legal science, which allow to characterize its ontology and gnoseology through
the prism of its challenges.
Keywords:
jurisprudence, science, condition of science, reflection, methodology, challenges, scientists, lawyers, perspectives of science, branches of sciences, scientific institutions.
SCIENTIFIC EVENTS
Reference:
Sadovnikova G.D., Fadeev V.I. (2013). Overview of the work of the Section
of Constitutional and Municipal Law
of the IV International Scientific
and Practical Conference
"Readings named after O.E. Kutafin". LEX RUSSICA (Russian Law), 2, 192–203. https://en.nbpublish.com/library_read_article.php?id=62406
Abstract:
The session of the Section on Constitutional and Municipal Law of the IV International Scientific and
Practical Conference «Readings named after O.E. Kutafin», which was held on November 28, 2012, included
speeches of the renowned scientists from Russia and Ukraine, politicians and statesmen on the topical issues
of constitutional and municipal law. In the speeches, the overview of which is provided for the readers of this article, the speakers view the problems and perspectives of development of people’s rule in Russia and
Ukraine, political elements of constitutional law, goals of the science of constitutional law in the sphere of improvement
of legislation on federal relations, municipal government, elections, citizenship, mass actions. The
authors also touch upon the problems of constitutional norm control and constitutional justice. The participants
analyzed doctrinal problems and issues of practical application of law. It is noted that the annual Readings
named after O.E. Kutafin, where many problems of constitutional development of Russia, as reflected
in the scientific heritage of O.E. Kutafin, are being discussed, allow to develop his ideas and to facilitate the
constitutional development of the state.
Keywords:
jurisprudence, Readings named after Kutafin, democracy, elections, Election Code, human rights, norm control, constitutional justice, citizenship, politics.
SCIENTIFIC EVENTS
Reference:
Makarov S.Y., Pospelov O.V. (2013). Work of the advocacy section
in the IV Readings
named after O.E. Kutafin. LEX RUSSICA (Russian Law), 2, 204–207. https://en.nbpublish.com/library_read_article.php?id=62407
Abstract:
The article includes the review of the work of the Advocacy Section of the IV Readings named after
O.E. Kutafin, which was combined with the VIII annual scientific and practical conference «Advocacy. State.
Society». Within the framework of the section of advocacy the participants discussed such important scientific
and practical issues in the sphere of advocacy, as amendments to the Code of Professional Ethics of Advocates,
taxation of advocates, specific features of application of status rights of advocate, including the sphere of
defense in criminal case. The authors provide the theses from the speeches in this section, as well as the these
of polemic speeches during the discussion.
Keywords:
jurisprudence, advocate, status, rights, ethics, code, taxation, methodology, science, commission.
NAME IN SCIENCE
Reference:
Fadeev V.I. (2013). In memoriam
of Ekaterina Ivanovna Kozlova. LEX RUSSICA (Russian Law), 2, 208–210. https://en.nbpublish.com/library_read_article.php?id=62408
Abstract:
The article is devoted to the memory of the eldest professor of the Moscow State Legal University
named after O.E. Kutafin — E.I. Kozlova, her life and scientific work.
Keywords:
jurisprudence, Kozlova, E.I., Kutafin, O.E., Kravchuk, S.S., constitutional law, Soviet construction, Moscow Legal Academy, Moscow State University, the All-Union Legal External Degree Institute, the Award of the President of the Russian Federation in the sphere of education.