Question at hand
Reference:
Gligitch-Zolotareva, M.V., Dobrynin, N.M.
The synergy of federalism. Part 1
// Law and Politics.
2006. ¹ 11.
P. 5-16.
URL: https://en.nbpublish.com/library_read_article.php?id=50060
Abstract:
Analysis of causes of formation of certain state and territorial structures and of their development have for a long time been of great interest to scientists. However, the topical issues of causation and evolution of federations and, speaking more broadly, of polycentric systems do not seem to be adequately represented in scholarly writing. One of the reasons for such a lack of recognition is that it is merely impossible for a single legal science to encompass all the aspects and elements of such a complex matter as federalism surely is. In order to achieve it, one needs interdisciplinary approaches, use of various sciences. Does the synergy have the necessary potential to cast light on specific features of federalism and the dynamics of its development? Part 1 of this article, which is devoted to the study of the synergetic approaches to the models of federalism, is presented in this journal.
Theory
Reference:
Osipov, M.Y.
Legal regulation as a dynamic system.
// Law and Politics.
2006. ¹ 11.
P. 17-31.
URL: https://en.nbpublish.com/library_read_article.php?id=50061
Abstract:
Legal regulation is one of the central categories in the theory of law, and there is no unified approach to its nature in the Russian legal science. This article by M.Y. Osipov concerns history of development of definition and various understandings of legal regulation in science. The author studies approaches of renowned scientists, including the ones based on the synergetic approach. The article also contains analysis of various schemes of connections within the sphere of legal regulation.
Theory
Reference:
Rodionova, O.V.
The problem of determination of a social function by the forms of a state.
// Law and Politics.
2006. ¹ 11.
P. 32-36.
URL: https://en.nbpublish.com/library_read_article.php?id=50062
Abstract:
Is there any relation between the forms of a state and the level of development of its social function? Is there a connection between the quantity and quality of a social functions on one hand, and the forms of the state on the other hand? While searching for the answers to these questions, O.V. Rodionova pays much attention to political and economic mechanisms of realization of the social function, which become active in any and all of the social states at the modern stage of their development, no matter what the forms of their organization are.
Transformation of legal and political systems
Reference:
Tikhomirov, Y.A.
The sovereignty in the conditions of globalization.
// Law and Politics.
2006. ¹ 11.
P. 37-44.
URL: https://en.nbpublish.com/library_read_article.php?id=50063
Abstract:
Starting with the second half of the XX century the development of economic, scientific, technical, commercial and information connections among the states leads to the growing scope of their common interests, and, accordingly the number of issues, which need to be solved by all these states with due concern for the common interest grows too. Since economical and humanitarian factors play such a great political role, the phenomenon of the “nation state” becomes outdated, and the classical concept of state sovereignty also changed under the press of globalization. This article by Professor Y.A. Tikhomirov is devoted to various aspects of globalization influencing state sovereignty, both positive and negative. He also studies the practice, which was formed in various states.
Authority and management
Reference:
Sobyanin, S.S.
Problems and directions of improvement of distinguishing the powers in the sphere of joint jurisdiction of the subjects and the federation.
// Law and Politics.
2006. ¹ 11.
P. 45-51.
URL: https://en.nbpublish.com/library_read_article.php?id=50064
Abstract:
As the author of this article points out, in spite of what already had been done by the legislators in order to clarify the division of powers between the federal bodies and bodies of the subjects of the Russian Federation, there is still quite some space for improvement. The author studies this topical issue based on three basic models of division of powers and jurisdictions. As he points out the choice in favor of a particular model is illustrative of the factual relationship between the federation and its parts, and of centralization and decentralization of the state power tendencies.
Authority and management
Reference:
Kinteraya, A.G.
Methods of distinguishing the subjects of activity and powers in the modern federal states: comparative analysis and key tendencies.
// Law and Politics.
2006. ¹ 11.
P. 52-57.
URL: https://en.nbpublish.com/library_read_article.php?id=50065
Abstract:
In this article by A.G. Kinteraya, the analysis of distinguishing the subjects of activity in the federal states is based upon 5 key methods of such distinction with the reference to the practice of various states of Western and Eastern Europe, Latin America, Africa, as well as the USSR and the Russian Federation. The above-mentioned analysis allows the author to draw the conclusions on key modern tendencies. In particular, he notes, that the classical model of the dualist federalism seems to shift and transform into a mixed model. This process influences not only the newly formed federations, but even the first federal state in the world – the USA.
Authority and management
Reference:
Shamgunov, A.I.
Differentiation of spheres of authority between the Russian Federation and its subjects in the sphere of legal regulation of municipal elections.
// Law and Politics.
2006. ¹ 11.
P. 58-62.
URL: https://en.nbpublish.com/library_read_article.php?id=50066
Abstract:
This article by A.I. Shamgunov is devoted to analysis of a specific aspect of differentiation of spheres of authority between the Russian Federation and its subjects – namely, the municipal elections. As the author points out, in this sphere the expectations have to be realistic and the author does not know a single case whne the differentiation would be done in favour of the subjects on the initiative of the federal legislator.
State institutions and legal systems
Reference:
Dorfman, M.
Application of Russian criminal law by the Supreme Court of Israel.
// Law and Politics.
2006. ¹ 11.
P. 63-68.
URL: https://en.nbpublish.com/library_read_article.php?id=50067
Abstract:
This article is devoted to a rather rare case in judicial practice – application of national law of a foreign state by a court. In 2003 the Supreme Court of Israel made the decision on a criminal case regarding a citizen of Izrael A. Lyubarsky with the reference to the Russian criminal law. This issue was of crucial importance to the case.
State security
Reference:
Trunov, I.L.
Anticorruption policy in Russia.
// Law and Politics.
2006. ¹ 11.
P. 69-72.
URL: https://en.nbpublish.com/library_read_article.php?id=50068
Abstract:
The well-known Russian writer and historian N.M. Karamzin, when asked to define the situation in Russia in 1810 in short, said: “Everyone steals”. The famous Russian poet A.S. Pushkin characterized the Russian bureaucracy of 1822 by saying that “Starting with the Councellor to the smallest of the protocol keepers, everyone was stealing and everything was for sale”. It does not seem that the time mended the problem. Currently (and not for the first time either), there are more and more people speaking in favor for more cruel sanctions applied to the officials, who are involved in bribery”. However, once the powers of the law-enforcement bodies are broadened beyond the certain extent, there is another evil – the tyranny of the law-enforcement bodies. This article by I.L. Trunov is devoted to the historical analysis of the issue, and it also includes.
State security
Reference:
Schedrin, N.V.
Bases and limits to the antiterrorism means of security.
// Law and Politics.
2006. ¹ 11.
P. 72-82.
URL: https://en.nbpublish.com/library_read_article.php?id=50069
Abstract:
Terrorists who cause harm to innocent people, should be ready to severe reaction of the state. However, such anti-terrorist measures should be aimed at the terrorists only and the limitation of rights and freedoms of the law-abiding citizens should be minimal. The history, however, shows, that when the law-enforcement bodies are given broader powers in order to fight terrorism, it necessarily leads to their despotism. That is why, the approach to the organization of the anti-terrorism system should be dialectic in providing both the security of the state and for the protection of human rights and freedoms. The central problem of anti-terrorism measures, which is the point of this article, lays with the limits and bases of application of such measures.
International relations: interaction systems
Reference:
Guzei, S.V.
Application of law and law-making in the activities of the International Court of Justice.
// Law and Politics.
2006. ¹ 11.
P. 83-91.
URL: https://en.nbpublish.com/library_read_article.php?id=50070
Abstract:
This article by S.V. Guzei is devoted to the topical problems, related to the impact of the decisions of the ICJ on the development of inernational law. According to the position, which is supported by most scientists, the ICJ does not posess the legislative powers. The goal of its activities is to resolve disputes, applying international norms to each particular case, rather than to create new norms. However, it should be noted that in many cases decisions of the ICJ became the foundations for international conventions, and any serious study of international law refers to the practice of the ICJ. Why?
Stabilization systems: fiscal control
Reference:
Nikolaev, A.V., Petchenko, M.A.
Offshore financial centers and maritime activity.
// Law and Politics.
2006. ¹ 11.
P. 92-99.
URL: https://en.nbpublish.com/library_read_article.php?id=50071
Abstract:
International offshore business is a developing reality of international economics, which shows competitiveness of national economies and tax systems. In the near future, given the wish of the states to attract investments and develop businesses, the offshore financial centers shall not disappear, on the opposite, they shall develop…
Stabilization systems: fiscal control
Reference:
Sarkisyan, G.R.
Specific features of legal regime of foreign investments in Russia.
// Law and Politics.
2006. ¹ 11.
P. 100-112.
URL: https://en.nbpublish.com/library_read_article.php?id=50072
Abstract:
Formation and development of legal regulation of foreign investments in modern Russia shows the specific features of its transition. The regime for the foreign investments is, basically speaking, regulation of entrepreneurial activities, which are held in a foreign states, thus, the legal status of a foreign investor is more vulnerable, whatever the social and political situation is…
Human and environment
Reference:
Glendon Buscher, Jr and Judge Mark Green
Development of land law and land use law in the state of Massachusetts, USA.
// Law and Politics.
2006. ¹ 11.
P. 113-123.
URL: https://en.nbpublish.com/library_read_article.php?id=50073
Abstract:
This article by American lawyers G. Buscher and M.Green is devoted to specific features of the land legislation of the state of Massachusetts, as well as to the sources of its peculiar features – from the Anglo-Saxon law of England to the modern times. The analysis includes the study of the modern zoning system and its limitations, as well as judicial practice and environmental issues. On the whole, the key issue is to achieve a reasonable balance between the municipal powers, state powers, and federal powers, as well as effects and need for “decentralization”.
JUDICIAL POWER
Reference:
Danilova, L.S., Gromov, N.A., Kolesnikov, E.V.
On testimony and conclusions of the specialist: discussion continued.
// Law and Politics.
2006. ¹ 11.
P. 124-135.
URL: https://en.nbpublish.com/library_read_article.php?id=50074
Abstract:
The issue on status and correlation of testimony and conlusions of a specialist in a criminal case remains topical, while the specialist was introduced into the legislation more than 30 years ago. As the authors note, the functions of specialists in a criminal process are not equal to those of an expert…
Law practice
Reference:
Kosarev, M.A.
Legal status of an advocate in the foreign states.
// Law and Politics.
2006. ¹ 11.
P. 136-151.
URL: https://en.nbpublish.com/library_read_article.php?id=50075
Abstract:
When studying the issue on legal status of an advocate and a related issue on the status of advocacy in Russia one should take into account the foreign experience in this sphere. Study of such an experience may come handy in order not only to understand the level of development of this sphere in Russia, but also to predict the ways of its development and to make proposals to optimize its development.
Eng
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