Question at hand
Reference:
Dobrynin,N.M.
Federalism in Russia: evaluation of its condition and ways to solve existing problems.
// Law and Politics.
2006. ¹ 5.
P. 4-9.
URL: https://en.nbpublish.com/library_read_article.php?id=49972
Abstract:
It has been more than ten years since new Constitution of the Russian Federation of 1993 enshrined the bases of Russian federalism. However, as N.M. Dobrynin notes, one cannot say that Russia has become a truly federal state. And the problem is not limited only to the imperfections of constitutional provisions and their declarative character, but is also obvious in realization of constitutional provisions in national legislation and in practice. And we should be really sorry, that instead of a basic reconstruction of the Russian state towards the true federalism, we’ve only had a mere “federal redecoration”…
Theory
Reference:
Olkov, S.G.
The “left tail” problem in jurisprudence, ethics and devianthology.
// Law and Politics.
2006. ¹ 5.
P. 10-17.
URL: https://en.nbpublish.com/library_read_article.php?id=49973
Abstract:
This article by Professor S.G. Olkov is devoted to the problem of negative nonstandard behaviour in legal science, ethics and devianthology – the sciences, in which much attention is paid to development of standards of behaviour, deviations from moral and legal norms, means and forms of reaction to deviant behaviour of subjects.
Theory
Reference:
Zhalinsky, A.E.
On understanding of criminal law.
// Law and Politics.
2006. ¹ 5.
P. 18-31.
URL: https://en.nbpublish.com/library_read_article.php?id=49974
Abstract:
This article by Professor A.E. Zhalinsky is devoted to the problems related to understanding of criminal law, its legal and social characteristics, its legal nature. As the author notes, the analysis of criminal law should not be separated from the social reality. Rather, it should “follow the facts”. With all due respect to phylosophy, which contains important methodological bases of criminal law, the quotes from Kant, Hegel and Plato are useful, but by no means sufficient means for the understanding of criminal law.
Authority and management
Reference:
Ptchelintsev, S.V.
Role of limiting of rights and freedoms of people in ensuring the balance of interests of individuals, society and state.
// Law and Politics.
2006. ¹ 5.
P. 32-39.
URL: https://en.nbpublish.com/library_read_article.php?id=49975
Abstract:
This article by. S.V. Ptchelintsev contains analysis of various materials (including positions of renowned Russian and foreign legal scholars), which allow the author to come to a conclusion that limitation of rights and freedoms is necessary for an optimal balance of interests of state, society and individual. As the author notes, this problem becomes especially topical in the emergency situations, when, on one hand, it is necessary to protect rights and freedoms of physical and legal persons, as provided for by national and international law, and on the other hand, it is necessary to limit these rights and to impose additional restrictions and responsibilities in order to neutralize an emergency situation or to mitigate its consequences.
Transformation of legal and political systems
Reference:
Nagan, W., Hammer C.
The New Bush National Security Doctrine and the Rule of Law (part 1).
// Law and Politics.
2006. ¹ 5.
P. 40-61.
URL: https://en.nbpublish.com/library_read_article.php?id=49976
Abstract:
This issue of our journal presents to the readers part 1 of the article by American legal scholars Professor Winston Nagan and Craig Hammer, which is devoted to the topical problems of correlation between the new national security policy of President George W. Bush (and the “preemptive strike” doctrine) and the standards of international law, as well as needs of international community. As the authors note, the “questions central to U.S. foreign relations are whether these interests are consistent with international law; whether the United States seeks to modify international law to secure its interests; or whether foreign policy makers see the need to significantly change international legal standards»… and whether they succeed?
Transformation of legal and political systems
Reference:
Eremyan, V.V.
Correlation of state civil service and municipal service as two kinds of public service and professional activity (addressing the problem).
// Law and Politics.
2006. ¹ 5.
P. 62-71.
URL: https://en.nbpublish.com/library_read_article.php?id=49977
Abstract:
The Constitution of the Russian Federation of 1993 provides that state service is one of the most important forms of access of people to managing the affairs of state and society, and equal access to state service is protected by law. At the same time the Constitution guarantees the independence of local (municipal) government. Thus, the municipal bodies are outside the system of state bodies, and an institution of municipal service is separated from the state civil service. This article by Professor Eremyan is devoted to the comparison of state civil service and municipal service (municipal service in Moscow taken as an example) in Russia.
International relations: interaction systems
Reference:
Lyalina, I.S.
Legal bases of cooperation of the Collective Security Treaty organization and the Shanghai Organization of Cooperation.
// Law and Politics.
2006. ¹ 5.
P. 72-76.
URL: https://en.nbpublish.com/library_read_article.php?id=49978
Abstract:
In the modern world regional organizations become an integral and basic part of the world security system. In the Central Asia two such organizations were recently created and aimed at ensuring peace and security in the region. They are the Collective Security Treaty Organization and the Shanghai Organization of Cooperation. This article by I.S. Lyalina is devoted to analysis of activities and cooperation of these two organisation, taking into account the coincidence of their geographical situations, goals, and Member States.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Lubbe-Wolff, G., V. Hellman
Execution of punishment of deprivation of freedom: legislation, judicial practice and reforming goals in the Federal Republic of Germany.
// Law and Politics.
2006. ¹ 5.
P. 77-103.
URL: https://en.nbpublish.com/library_read_article.php?id=49979
Abstract:
This article, which was written by the Judge of the Federal Constitutional Court of the Federal Republic of Germany G. Lubbe-Wolff together with V. Hellmann, is devoted to the topical problems of theory and practice of execution of sentences (within the context of deprivation of freedom) in Germany, and it contains a detailed analysis of position, rights and duties of prisoners under the German law. In addition the authors review the problems of deprivation of freedom applied to the youth, which, as the authors contend, may soon become an issue at the Federal Constitutional Court of the Federal Republic of Germany.
Transnational interests
Reference:
Novikova, S.N.
Historical, political and legal peculiarities of formation of the Power Industry Council of the Commonwealth o of Independent States.
// Law and Politics.
2006. ¹ 5.
P. 104-115.
URL: https://en.nbpublish.com/library_read_article.php?id=49980
Abstract:
This article by S.N. Novikova is devoted to analysis of topical issues of cooperation of the NIS countries in the sphere of power industry. As the author notes, based on the example of the NIS, one may speak of new legal bonds between the states, which voluntarily accept international obligations and transfer part of their sovereign rights to the international power industry organization.
Human and environment
Reference:
Dubovik, O.L.
Ecological law and ecological conflicts.
// Law and Politics.
2006. ¹ 5.
P. 116-136.
URL: https://en.nbpublish.com/library_read_article.php?id=49981
Abstract:
Professor O.L. Dubovik’s article is devoted to the problems of development and application of ecological law in the sphere of ecological conflicts. Author presents her thoughts on necessity and specific features of her approach, characterizes a conflict as such, and as a subject of regulation by the ecological law. The article also contains some basic provisions, which define the influence of ecological law on conflicts, as well as analysis of the need for ecological law due to ecological conflicts, and ways of improvement of the current state of affairs.
History of state and law
Reference:
Volosnikova, L.M.
The concept of academic autonomy as a legal principle in the works of S.I. Gessen.
// Law and Politics.
2006. ¹ 5.
P. 137-141.
URL: https://en.nbpublish.com/library_read_article.php?id=49982
Abstract:
This article by L.M. Volosnikova is devoted to the problem of academic freedom as an optimal regime of functioning of science and higher education, as expressed by S.I. Gessen (1887-1950) in his famous work “Bases of pedagogics. Introduction to the practical phylosophy”, which was written in 1920 and often called “the most charismatic book in Russian phylosophy of education in XX century”. For example, back in 1920, Gessen noted that academic mobility of students and lecturers of Russian and European university is a necessary condition for successful development of science…
Practical law manual
Reference:
Laskovyi, V.A.
Investment contract in the construction sphere as an independent type of contract in the Russian Federation.
// Law and Politics.
2006. ¹ 5.
P. 142-151.
URL: https://en.nbpublish.com/library_read_article.php?id=49983
Abstract:
This article by V.A. Laskovyi is devoted to the problem of singling out the legal construction of an investment contract within the framework of civil legislation and its classification. As the author notes, “forcible” inclusion of this type of contract into any other contract construction deforms investment relations, which, in turn influences the practical activities under this type of contract.
Eng
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