Theory
Reference:
Bukaeva, O.N.
On legal status of the people.
// Law and Politics.
2007. ¹ 8.
P. 5-6.
URL: https://en.nbpublish.com/library_read_article.php?id=50238
Abstract:
Since the word "people" in the Russian language is initially polysemantic, and even in the Constitution of the Russian Federation it takes on different meanings, there is no universal interpretation of this term. This article discusses various approaches to this issue. At the same time, the author notes that each of the above points of view has a set of political and legal grounds and is implemented in one way or another in normative and law enforcement practice.
Theory
Reference:
Kirillovykh, A.A.
Administrative legal status of the higher education institutions.
// Law and Politics.
2007. ¹ 8.
P. 7-11.
URL: https://en.nbpublish.com/library_read_article.php?id=50239
Abstract:
As a subject of law, a higher educational institution functionally manifests itself through various social relations regulated by regulations. The specificity of certain types of legal relations in this case establishes the criteria for their delimitation. For example, in contrast to civil law, administrative-legal relations presuppose the presence of an imperative element, a subordination-imperious nature of regulation. This situation of subjects is manifested mainly in managerial legal relations. Naturally, one or another executive body of state power always participates in managerial legal relations. Therefore, the manifestation of the administrative and legal status of the university and its content is determined at the level of relations, which almost always have a "vertical" structure and are subordinate in nature.
Transformation of legal and political systems
Reference:
Rumyantsev, F.P.
Political and legal decisions related to the land intended for agricultural use within the framework of the modern agricultural reform.
// Law and Politics.
2007. ¹ 8.
P. 12-17.
URL: https://en.nbpublish.com/library_read_article.php?id=50240
Abstract:
Agrarian reform in Russia is being carried out with great difficulties and causes numerous disputes in scientific circles and among legal practitioners and politicians. In this article, the author has made an attempt, taking into account various opinions and proposals, to give an objective picture of the political and legal support of agrarian reforms at the end of the twentieth century and at the beginning of the XXI.
State security
Reference:
Fyodorov, V.P.
The national security concept as an instrument of strengthening the national security and unity of the Russian Federation.
// Law and Politics.
2007. ¹ 8.
P. 18-23.
URL: https://en.nbpublish.com/library_read_article.php?id=50241
Abstract:
Despite the significant changes in global geopolitics that have taken place in recent years, the world is not becoming safer. In this regard, it seems really necessary to pursue an active foreign policy aimed at solving international security problems and continue efforts to strengthen the country's defense capability. Our state should have all the necessary forces and means, including for the armed protection of its interests. The article by V.P. Fedorov examines the main characteristic features of the concept of national security of the Russian Federation.
State security
Reference:
Ashurbekov, T.A.
Influence of the reform of the legal system on legality and national security.
// Law and Politics.
2007. ¹ 8.
P. 24-27.
URL: https://en.nbpublish.com/library_read_article.php?id=50242
Abstract:
One of the cardinal dilemmas of the transformation of the Russian legal system is the search for an optimal balance between the interests of strengthening the sovereign Russian state and the needs of taking into account objective processes and trends generated by globalization and new forms of international relations. Partly because the transformations in this area are burdened with serious mistakes, negative consequences, as can be seen from the directions and results of legal reform. In the article by T.A. Ashurbekov, this issue is considered on the basis of the reform of the prosecutor's office.
State security
Reference:
Bashkunov, A.A.
Social and political security of the region of the Russian Federation: current state and tendencies.
// Law and Politics.
2007. ¹ 8.
P. 28-33.
URL: https://en.nbpublish.com/library_read_article.php?id=50243
Abstract:
The leading role in the system of ensuring national security belongs to the state. However, considering the problem of ensuring the national security of a federal state, it should be noted that regional authorities and local self-government bodies are of great importance in the process of ensuring its security and its constituent parts (subjects of the federation). The present and future of the Russian state depends on their internal state as structural elements of the federation. The article by A.A. Bashkunov examines the components and current trends of regional development in this area.
State security
Reference:
Volkov, S.G.
Administrative legal means of protection of the legal order and ensuring security at the civilian airlines and their objects.
// Law and Politics.
2007. ¹ 8.
P. 34-37.
URL: https://en.nbpublish.com/library_read_article.php?id=50244
Abstract:
After the terrorist attacks of September 11, 2001 in the United States, unprecedented aviation security measures began to be taken at all airports around the world, and the Russian Federation is no exception. In this regard, the study of administrative and legal means used to prevent and suppress acts of terrorism, violations of public order and ensuring public safety at civil aviation facilities is an urgent problem. In this article, attention is paid to such a category as "aviation security", the provision of which is necessary for the normal functioning of air transport, as well as ensuring the protection of the lives of passengers, this type of transport.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Shaikhutdinova, G.R.
The key flexibility concepts in the EU.
// Law and Politics.
2007. ¹ 8.
P. 38-46.
URL: https://en.nbpublish.com/library_read_article.php?id=50245
Abstract:
Despite the fact that the principle of flexibility was first introduced into the legal field of the European Union by the Amsterdam Treaty of 1997, it was formed long before that as a political principle, was voiced by leading European politicians and acquired various forms in their vision. Based on the study of the evolution of the political principle of flexibility, we can talk about the existence of various concepts of flexibility and, accordingly, distinguish several forms of such. Different researchers distinguish an uneven number of forms of flexibility: from three to six or more. In the article by G.R. Shakhutdinova, the basic concepts of flexibility are considered in more detail.
International relations: interaction systems
Reference:
Ustinova, E.Y.
Forms and mechanisms of international legal control over fulfillment of international legal obligations of the states.
// Law and Politics.
2007. ¹ 8.
P. 47-56.
URL: https://en.nbpublish.com/library_read_article.php?id=50246
Abstract:
The object of consideration in this article is international legal control, which is understood as based on an international agreement and carried out in accordance with the basic principles and norms of international law, the activities of subjects of international law or bodies created (authorized) by them to verify compliance by States with international obligations in order to ensure their proper implementation. At the same time, attention is focused on international control over compliance with international treaty obligations of States as the main subjects of international law.
International alliances
Reference:
Shushkanov, P.A.
On some problems related to inclusion of a foreign state or its part into the Russian Federation.
// Law and Politics.
2007. ¹ 8.
P. 57-60.
URL: https://en.nbpublish.com/library_read_article.php?id=50247
Abstract:
The author of this article examines the current problems associated with the admission of a foreign state and its part into the Russian Federation. As the author notes, the first and main problem of legislative regulation of the admission of a new subject to the Russian Federation is the legislator's ignoring of some possible options for the entry of a new territory into the Russian Federation on the rights of a subject. The Federal Constitutional Law is silent about the possibility of including a foreign territory into the Russian Federation with its entry into the existing subject of the Russian Federation. As an example, the article considers South Ossetia...
Stabilization systems: fiscal control
Reference:
Dobrynin, I.N.
Constitutional legal status of the banking system of the Russian Federation: the need for reform.
// Law and Politics.
2007. ¹ 8.
P. 61-65.
URL: https://en.nbpublish.com/library_read_article.php?id=50248
Abstract:
Russia's upcoming accession to the World Trade Organization puts on the agenda the problem of reforming the domestic banking system and increasing its competitiveness in new conditions. Consideration of all aspects of the adaptation of the banking system of the Russian Federation to the conditions of accession, and then functioning in the WTO, leads to conclusions about the need, first of all, fundamental changes in the constitutional and legal status of the Central Bank of Russia, which is predetermined by the exclusive nature of the powers of the Central Bank in the field of legal regulation of banking activities in the state.
Conflict: tools of stabilization
Reference:
Kazarin, I.
Return of deposit bank accounts: chronology and mechanism of changes in the judicial practice. Legal and “political” aspects of hearing the cases of depositors to the Savings Bank of the Russian Federation.
// Law and Politics.
2007. ¹ 8.
P. 66-77.
URL: https://en.nbpublish.com/library_read_article.php?id=50249
Abstract:
In 1993, the Savings Bank of the Russian Federation began an active advertising campaign for a new banking service in the central and regional media - a fixed-term bank deposit agreement "Target deposit for children" In 2003-2004. depositors began to apply to the bank for deposits and interest accrued during the 10-year term of the agreement. At the same time, it turned out that already from July 1, 1994, the Savings Bank of the Russian Federation unilaterally and without any notification to depositors lowered the interest rate to 170 percent per annum, then lowered it repeatedly (eventually reducing it to 16 percent per annum). Accordingly, instead of the expected 420 707 298 rubles. (taking into account the denomination - 420 707, 29 rubles) or 15 119, 40 USD at the rate of the Central Bank of Russia on December 25, 2003), depositors were offered to receive a little more than 370 rubles, which is or 13, 29 USD at the rate of the Central Bank. Assessing these actions of the Savings Bank of the Russian Federation as a clear violation of the terms of the concluded agreement, depositors in large numbers began to file lawsuits against the bank in Russian courts of general jurisdiction. At first, these claims were satisfied, but soon there was a sharp turn in judicial practice. The article presents a critical analysis of the current judicial practice.
Conflict: tools of stabilization
Reference:
Fedosenko, V.A.
Topical issues of state civil service in the Russian Federation: regulations on following the requirements to the civil service behavior and regulation of conflict of interests.
// Law and Politics.
2007. ¹ 8.
P. 78-81.
URL: https://en.nbpublish.com/library_read_article.php?id=50250
Abstract:
On March 03, 2007, Decree of the President of the Russian Federation No. 269 "On commissions for compliance with the requirements for the official conduct of State civil servants of the Russian Federation and settlement of conflicts of Interest" was signed, which approved the regulations on the relevant commissions. This work is intended to analyze the essence and significance of these documents for the practical regulation of official relations within the framework of the reforms that are gaining momentum – administrative and civil service.
JUDICIAL POWER
Reference:
Koloteeva, V.G.
Application of legislation on compensation of moral harm in the Russian judicial practice. Problems of defining the size of compensation of moral harm.
// Law and Politics.
2007. ¹ 8.
P. 82-91.
URL: https://en.nbpublish.com/library_read_article.php?id=50251
Abstract:
Until 1990, the legislation of the Russian Federation did not provide for the very concept of moral harm, as well as the possibility of its compensation in monetary terms, since the opinion about the inadmissibility of assessing and compensating moral harm in the form of property took root in the public legal consciousness of the past years. Currently, a number of articles of the Civil Code of the Russian Federation and some other normative acts are devoted to the issues of compensation for moral damage. We can say that a new legal institution of the obligation to compensate for moral damage has been formed, which has existed for more than 10 years. However, the formation of this institution cannot be considered complete. The practice of applying its norms is not well-established and sufficiently uniform. In the law-making and enforcement of these norms, a significant number of problems have arisen and remain, both in theoretical and practical terms. This article is devoted to the actual problems of theory and practice.
Public communications
Reference:
Artamonova, N.V.
Political parties within the context of development of electors’ culture.
// Law and Politics.
2007. ¹ 8.
P. 92-96.
URL: https://en.nbpublish.com/library_read_article.php?id=50252
Abstract:
Due to the long-term lack of experience of free choice between various political parties and long-term party building in modern Russia, a significant number of citizens, moreover, the majority did not find their own political party. The effect of this factor is manifested in the unstable sympathy of voters, the transition of supporters of one party to supporters of another, the rapid change of public sentiment. The same situation of searching for representatives of "their" interest creates the ground for the emergence of more and more candidates for the votes of voters.
Human and state
Reference:
Midonova, E.A.
An optimum combination of interests of the state and individual in the pension support of the educational specialists.
// Law and Politics.
2007. ¹ 8.
P. 97-100.
URL: https://en.nbpublish.com/library_read_article.php?id=50253
Abstract:
The Institute of Early Retirement provision for Old-age teachers and medical workers in our country has been more than 80 years old. Initially, the pensions that such employees received, taking into account pedagogical or medical experience, were called pensions for years of service. Their size, conditions of appointment, payment procedure, procedure for calculating special seniority and other rules have been repeatedly changed. The history of the development of legislation on superannuation pensions is inextricably linked with the history of legal regulation of pension provision in general. This article is devoted to the problem of finding the optimal balance.
Anthropology of law
Reference:
Minenkov, S.A.
Legal and philosophical bases of social injustice in the Ancient India: form and contents.
// Law and Politics.
2007. ¹ 8.
P. 101-105.
URL: https://en.nbpublish.com/library_read_article.php?id=50254
Abstract:
The study of any traditional system of law has its own methodological features. Consideration of legal phenomena in ancient Indian society is impossible without careful study of spiritual culture and its values. The analysis of the legal components of spiritual culture, changes in the consequences and ideas generated by it in new historical conditions presented in this article helps to correctly determine the place of each of these components in the context of a concrete historical epoch and thereby avoid the modernization so often observed, that is, the interpretation of philosophical and scientific theories, as well as religious ideas of the distant past in in the spirit and from the standpoint of modern views and doctrines.
History of state and law
Reference:
Berezhnoi, A.A.
Stages of privatization of state and municipal property.
// Law and Politics.
2007. ¹ 8.
P. 106-113.
URL: https://en.nbpublish.com/library_read_article.php?id=50255
Abstract:
From a legal point of view, privatization should have strictly defined boundaries by law: the concept of privatization in the narrow sense of the word, its main goals, the range of regulated relations, etc. The broad interpretation of privatization only reflects the versatility of the category under consideration. At the same time, this concept implies the transition from the state to private ownership not only of things, but also of the entire volume of property rights. The article by A.A. Berezhnov examines the main stages of privatization in Russia as well as its legislative regulation of different periods.
History of state and law
Reference:
Blokhina, N.A.
On the influence of political directives and statements on the issues of legal responsibility at the time of collectivization in the USSR.
// Law and Politics.
2007. ¹ 8.
P. 114-118.
URL: https://en.nbpublish.com/library_read_article.php?id=50256
Abstract:
When considering the institution of legal responsibility in the USSR of the 30s, a difficult dilemma arises. How to avoid one-sided assessments and judgments when analyzing the pre-war period of Soviet history? As the author notes, the solution of the problem is seen in the acceptance of the conclusion about the existence of duality in state policy, in legal manifestation and, accordingly, as a characteristic feature of the institution of legal responsibility of this period.
History of state and law
Reference:
Korzennikov, V.N.
Specific features of regional processes of state formation in the Northern Caucasus in the 90s of the XX century.
// Law and Politics.
2007. ¹ 8.
P. 119-123.
URL: https://en.nbpublish.com/library_read_article.php?id=50257
Abstract:
As a result of the analysis of various, primarily legal, aspects of the processes of building regional statehood in the republics of the North Caucasus during the nineties of the twentieth century, it can be stated with confidence that the North Caucasus, despite all its specifics, is an integral part of the Russian Federation. Specifically, this was expressed throughout the 1990s in the fact that all the changes and major trends in the political life of the region and the development of its state institutions followed directly similar changes and trends at the federal level. However, there is also no doubt that the North Caucasus occupies a special position in the domestic policy of the Russian Federation. This article presents a detailed analysis of the specifics of this region.
Jurisprudence
Reference:
Nekhaichik, V.V.
Political and legal meaning of the motivation of the “state order” category.
// Law and Politics.
2007. ¹ 8.
P. 124-128.
URL: https://en.nbpublish.com/library_read_article.php?id=50258
Abstract:
The problem of understanding the category of "public order" continues to remain unresolved to the end, since scientific research on this topic is still being conducted. It should be noted that the formed modern image of the socio-legal category "public order" was not previously known, neither in the sciences of philosophy and jurisprudence, nor in the legal practice of the past years. The formation of this category was preceded by a long period associated with the main stages of human development, which has a special political and legal meaning.
Practical law manual
Reference:
Parfenov, D.I.
On the issue of trust character of the commission contract.
// Law and Politics.
2007. ¹ 8.
P. 129-135.
URL: https://en.nbpublish.com/library_read_article.php?id=50259
Abstract:
Having considered the component of the trust nature of the contract of assignment, the author comes to the conclusion that the grounds for termination of the contract of assignment, enshrined in paragraph 1 of Article 977 of the Civil Code of the Russian Federation, require revision, due to the fact that this institution does not have an exclusive character, as well as improvements taking into account the subject composition on the side of the attorney and the presence or absence of a paid component.
Practical law manual
Reference:
Shelikhova
The current state of legal regulation of the sphere of housing and town-planning legislation in the Penza region and the issues lacking federal regulation.
// Law and Politics.
2007. ¹ 8.
P. 136-139.
URL: https://en.nbpublish.com/library_read_article.php?id=50260
Abstract:
This work is aimed at analyzing the norms of housing and urban planning legislation (both at the federal level and at the regional level on the example of the Penza region). At the same time, the author will try to focus on those aspects that were not sanctified earlier. The author's interest in this issue arose in connection with the recent modernization of these areas of legislation.
Academic life
Reference:
Minniakhmetov, R.G., Faizulin, G.G.
Law-making and law-enforcement activities in the Russian Federations: theoretical and practical issues.
// Law and Politics.
2007. ¹ 8.
P. 140-144.
URL: https://en.nbpublish.com/library_read_article.php?id=50261
Abstract:
On February 20-21, 2007, the Ufa branch of the Ural State Law Academy held the All-Russian scientific and Practical conference "Law-making and law enforcement activities in the Russian Federation: issues of theory and practice", dedicated to the 450th anniversary of Bashkiria's entry into Russia and the 5th anniversary of the Ufa branch of the Ural State Law Academy. This article presents a report on the work of this conference.
Biblion
Reference:
Timchenko, L.D.
History of international law: scholars gain more and more interest to it.
// Law and Politics.
2007. ¹ 8.
P. 145-149.
URL: https://en.nbpublish.com/library_read_article.php?id=50262
In memorium
Reference:
In the memory of Ivanova Alina Leonidovna
(September 29, 1976 – April 25, 2007)
// Law and Politics.
2007. ¹ 8.
P. 150-151.
URL: https://en.nbpublish.com/library_read_article.php?id=50263
Eng
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