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Nota Bene. Books, journals, publishing technologies.
«Law and Politics» (18+)


¹ 9, 2008
Published since
2013 year
Frequency
Monthly
ISSN
2454-0706
Contents
Question at hand
Authority and management
Transformation of legal and political systems
State security
Stabilization systems: government control
Stabilization systems: fiscal control
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Transnational interests
Law and order
Public communications
Jurisprudence
Anthropology of law
Legal and political thought
History of state and law
Law practice
Practical law manual
Biblion
Contents details
Question at hand
Reference:
Kibalnik, A.G. (2008). The war in South Ossetia and criminal law. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50661
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Abstract: The author provides a legal analysis of the war in Southern Ossetia. Based on above-mentioned analysis the author comes to a conclusion that all persons, who ordered, planned and implemented the armed intervention of the Georgians to the Southern Ossetia may be held criminally responsible (based on part. 3 of Art. 12 of the Criminal Code of the Russian Federation). It is most likely that the articles on murder and use of forbidden means of waging war shall be applied. With some reservations, it is also possible to use articles on genocide and mercenary actions.
Authority and management
Reference:
Timoshina, N.P. (2008). Realization of the principle of separation of powers in the states with various forms of government: comparative legal analysis. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50662
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Abstract: This article by N.P. Timoshina includes comparative legal analysis of the means of formation of the executive branch of state power and its interaction with the legislative branch of state power, with extra attention given to the mechanisms of such interactions and provision of various powers to particular branches of government.
Authority and management
Reference:
Djavakhyan, A.O. (2008). PR – Services at the state bodies of the Russian Federation. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50663
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Abstract: In order to ensure efficiency of public relations, many state bodies now have PR –services, which are aimed to ensure mutual communication in order to find better understanding with the community based on truth, knowledge, and being adequately informed. This article by A.O. Djavakhyan includes analysis of goals and roles of such services.
Transformation of legal and political systems
Reference:
Ondar, L.S. (2008). Interaction of some CIS states in the sphere of development of criminal procedural legislation and cooperation in the sphere of criminal judicial procedure (example of the Russian Federation, the Republic of Belarus, the Republic of Kazakhstan, and the Republic of Moldova). Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50664
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Abstract: As the author of the article points out, the institutional mechanism of cooperation of various bodies, as formed by conferences and gatherings, now plays an important role in international law-making of the CIS. Due attention should be given to the Prosecution bodies. This article by L.S.Ondar includes analysis of existing CIS practice and blanks in it.
Transformation of legal and political systems
Reference:
Rericht, A.A.Marc Mandelbaum. (2008). The modern construction law in Germany. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50665
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Abstract: The construction law in Germany is regarded as a separate legal branch, due to its great economic and social value. This branch of law appeared in second half of the XIX century, and is well-developed in practice, as well as in legal studies. This article by A. Rericht, M. Mandelbaum is devoted to specific features of construction law in Germany.
Transformation of legal and political systems
Reference:
Anisimov, A.P.,Yushkova, N.G. (2008). The town-planning law as a new branch of the Russian law. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50666
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Abstract: This article is devoted to a specific topical issue, which is recognition of a new branch within the system of Russian law – the town-planning law.
Transformation of legal and political systems
Reference:
Laskovaya, I.A. (2008). The constitutional contents of the national interests of the Russian Federation in the sphere of power industry. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50667
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Abstract: The strengthening of the Russian statehood, development of federal relations, and local self-government should ensure national security of the Russian Federation. There’s obvious need for the complex approach to the solution of legal, economical, social, and ethnic and political matters, in order to provide balance of interests of the Russian Federation, and this applies to the sphere of power industry as well.
State security
Reference:
Tregubova, E.V. (2008). The theoretical aspects of administrative prohibition within the mechanism of ensuring security. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50668
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Abstract: Legal prohibition and administrative legal prohibition in particular is one of means of ensuring security. That is why the state should develop its system of administrative prohibition in the sphere of security and form the mechanisms of its realization. Based on above-mentioned matters, the author analyses the system of prohibitions in the administrative legal sphere.
State security
Reference:
Telyatnikov, I.A. (2008). Criminal legal protection of security of the representatives of government bodies, as means of their social security. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50669
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Abstract: In this article I.A. Telyatnikov reviews the topical problem of criminal law protection of the representatives of government within the context of who should be regarded as such representatives. The author also provides critical analysis of existing positions.
State security
Reference:
Minaev, A.V. (2008). The legal bases of protection of the state border of the Tuva People’s Republic. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50670
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Abstract: The process of establighins the state border of the People’s Republic of Tuva, as presented in this article by A.V.Minaev, was a rather complicated historical process, influenced by a number of factors: political, economical, ethnographical, and geographical. The interests of two great states – Russia and China – were intertwined here, and one should not forget the Mongolia, which did not abandon its claims even after the TPR was formed.
State security
Reference:
Kozaeva, G.B. (2008). The state corporation as a subject of state government of Russia. Control of the state over the activities of state corporations. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50671
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Abstract: Lately more and more attention is given to state corporation, which, in turn, is due to the global formation of such juridical persons. Formation of every state corporation means a new Federal Law. The juridical persons of this particular form are means of management functions in the Russian Federation, and they have both elements of state body and of the commercial entity.
Stabilization systems: government control
Reference:
Farkhutdinov, I.Z. (2008). Conditions for access of foreign investor to the Russian market and the stages of his activity. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50672
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Abstract: As the author of this article points out, the obligations of the host state, which allows foreign investors on its territory, include formation of favorable conditions for the foreign investors. In spite of common law norms on that matter, the international law still lacks convention regulation on requirements to the host state. What is the situation in Russia like?
Stabilization systems: fiscal control
Reference:
Grishakin, D.A. (2008). The international private law means of regulation of foreign investments. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50673
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Abstract: As the author of the article notes, the totality of the obligations of the host state during the admission of a foreign investor to its territory provides for the creation of favorable conditions for a foreign entrepreneur. Despite the relevant norms of customary international law on the creation of favorable conditions for the economic activity of a foreign investor, there is still no conventional requirement for the host country regarding foreign investment. In most countries, access to foreign capital is carried out in accordance with national legislation. What is the situation in Russia?
Stabilization systems: fiscal control
Reference:
Govorukha, M.A. (2008). Rights and obligations of the management bodies of the debtor within the procedure of financial sanitation. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50674
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Abstract: As the author of this article points out, the legal position of the debtor management bodies within the procedure of sanitation has one key feature: with some limitations due to the competence of debtor and its bodies, the structure of management bodies remains unchanged. They keep functioning and expressing the will of the juridical person.
Stabilization systems: fiscal control
Reference:
Loginov, P.P. (2008). Specific features of formation of the unified political system of the European Union. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50675
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Abstract: The ideas of united Europe come from the past, and the modern integration tendencies have their roots in the years after WW2. Probably, formation of the unified Europe is one of the most large-scale social processes of the 2nd half of the XX century. Still, currently one cannot say that all contradictions are overcome. Rather, the process of integration becomes more and more complex. Its analysis is included into this article.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Alekseeva, E.V. (2008). Conflict of laws issues in invalidity of foreign economic deals. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50676
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Abstract: As the author of this article points out, the problem of civil law deals with a foreign element lacks due theoretical approach, in spite of its importance. Legal regulation in this sphere seems fragmentary both in the international and national levels. This article pays special attention to the specific features of conclusion and execution of foreign economic deals.
Transnational interests
Reference:
Bykov, V.M. (2008). The Prosecution at the preliminary investigation: rights and obligations under the new law. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50677
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Abstract: This article by V.M.Bykov includes critical analysis of changes in the status and powers of the Prosecutor within the framework of preliminary investigation under the latest changes in the Criminal Procedural Code of the Russian Federation.
Law and order
Reference:
Kolosovsky, V.V. (2008). Qualification mistakes in criminal law evaluations of necessary defense: theory and practice. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50678
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Abstract: This article of V.V. Kolosovsky includes the study of a number of qualification mistakes in evaluation of necessary defense. The author also studies the definition of criminal legal qualification of necessary defense and its elements.
Law and order
Reference:
Biryukov, P.N. (2008). The issue of criminal responsibility of juridical persons in the USA. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50679
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Abstract: In the USA juridical persons may be held criminally responsible. This article by P.N. Biryukov includes the study of various aspects of this specific legal institutions with due regard to state legislation regulation of such issues.
Law and order
Reference:
Tarasenko, O.V. (2008). Role of concession agreements and land relations in the road sphere in the Russian Federation. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50680
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Abstract: The need for reforms in the sphere of road management in the Russian Federation is due to the large-scale goals of development of roads, as established by the President and the Government of the Russian Federation. What is the possible role of concession agreement and paid roads in the process of the reform?
Public communications
Reference:
Loshkarev, A.V. (2008). Legal guarantees and legal stimuli. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50681
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Abstract: As the author of this article points out, the need to study the correlation of legal guarantees and legal stimuli is due to the confusion in this sphere, when two terms are used for one matter. This article is devoted to the review of the correlation of these terms.
Jurisprudence
Reference:
Taksami, N.Ch. (2008). Constitution of Alaska within the context of national policy of the state. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50682
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Abstract: As the author of this article points out, the specific features of the social and political structure of Alaska as a state include absence of aboriginal reservations on the territory of the state and the constitutional provisions, reflecting social, historical and geographical peculiarities of this land. Under the Constitution the State of Alaska is divided into boroughs, which still influences the preservation of the rich cultural and national heritage of Alaska.
Anthropology of law
Reference:
Khodakovsky, E.A. (2008). Law, ritual and truth within the context of modern integration procedures. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50683
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Abstract: The processes of economical, political and informational mutual dependence in the world clearly show the correlation between the successful development of states and peoples and their ability to provide and establish global and regional initiatives. It is reasonable to imagine that in the near future several macro-regional systems shall fight for leadership, which would also include the ideological sphere. What does it mean for us?
Anthropology of law
Reference:
Kornev, V.N. (2008). Some aspects of political and legal doctrine of the Slavophilia. . Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50684
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Abstract: As the author of this article points out, in the works of the ideologists of the Slavophilia we find some answers to the questions on nature of law, state and society, as well as on the issue of nature of state power. The Slavophiles managed to form a unified political and legal ideology, and it’s an object of study in this article. It’s relevance is due to the current efforts of forming ideology in our state.
Legal and political thought
Reference:
Chikhladze, L.T. (2008). Specific features of regional management in the Russian Empire. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50685
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Abstract: Analysis of historical and legal materials on this issue allows one to say that the history of the Russian state has always included constant reforms of regional management. In particular, the Russian Empire of XIX century was a unitary state with more or less unified centralized government system, but at the same time there was little effort towards the ethnical assimilation of the outskirts, and the traditional government and self-government institutions were preserved, which allowed the peoples to preserve their identity.
History of state and law
Reference:
Rizk, O.A. (2008). Formation of the institution of mortgage in Russia: historical and legal analysis. . Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50686
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Abstract: Mortgage as means of ensuring obligations is one of the classic civil law institutions, its history takes its start in the Roman law. The Russian civil law, being continental by its nature, traditionally allowed only mortgage of immovable property …
History of state and law
Reference:
Baev. V.G. (2008). The Prussian King within the system of the Prussian constitutionalism (Germany in the 2nd half of XIX century). Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50687
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Abstract: Analysis of the constitutional monarchy in Prussia is of much interest to legal scholars, since Germany both before and after the unification, was in fact ruled by Bismarck, so the research should definitely include Bismarck’s position on German model of constitutionalism.
History of state and law
Reference:
Zakharov, V.V. (2008). The legal regulation of the formation of the Russian judiciary in the first half of XIX century (example of the civil jurisdiction bodies). Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50688
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Abstract: It is a generally accepted point of view that the judiciary in the pre-Reform Russia had numerous shortcomings, and its efficiency was lower, than in the European states. As the author of this article points out, part of the blame should be put on the judiciary cadre policy.
History of state and law
Reference:
Karakhanyan, S.G. (2008). Being adequately informed on a particular case as a necessary element of professional competency of the lawyer. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50689
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Abstract: As the author points out, it is rather important that the advocate is adequately informed on the particular case. There are many cases, that were lost due to lack of necessary information or preparation with due attention to the other party’s legal position, etc.
Law practice
Reference:
Tarasenko, O.V. (2008). Legal regulation of land and property relations in the marine port. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50690
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Abstract: As the author of the article emphasizes, in addition to special professional knowledge of a general nature, an important element of a lawyer's professional competence is awareness of the circumstances and materials of a particular case that he is conducting. As examples, many cases can be cited that were lost due to the fact that the lawyer did not study the case materials deeply enough, did not have information about the circumstances important to the case, did not familiarize himself deeply enough with the position of the opposing side - in addition to the fact that he did not properly study the regulatory framework and materials of judicial arbitration practice in the relevant category of cases.
Practical law manual
Reference:
Tkacheva, I.V. (2008). On the issue of necessity of land reservation. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50691
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Abstract: After the new Town-Planning Code of the Russian Federation was accepted in 2004, the issue of land reservation as a separate legal institution is quite topical. Its study is presented in this article by I.V. Tkacheva.
Practical law manual
Reference:
Charkin, S.A. (2008). Key problems existing in practice of Cadastre registration of land plots. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50692
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Abstract: The State Land Cadastre is aimed to ensure the function of state and municipal management of land resources, including fiscal function of collecting payment for the land. This article by S.A. Charkin includes the study of historical and legal aspects of Cadastre registration in Russia.
Practical law manual
Reference:
Alekseev, V.A. (2008). The refusal to register rights to immovable property, as established by the court decision. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50693
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Abstract: Is it possible that the registration of the right to immovable property, as established by the court decision, may be refused by the state property registration bodies? This article by V.A. Alekseev includes critical analysis of the existing legislation, as well as the study of the judicial practice.
Practical law manual
Reference:
Trunov, I.L. (2008). Modern insurance of life of the air carrier passenger. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50694
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Abstract: The air carrier accidents take away many lives of young active people, children and elderly people. Lately the State Duma accepted amendments into the Art. 133 of the Air Code of the Russian Federation, which deal with obligatory insurance of the air carrier passengers. How adequate is this level of protection and is it in compliance with the international legal standards?
Practical law manual
Reference:
Oksamytny, V.V. (2008). Modern constitutional law in the comparative aspect. Shapoval, V.N. Comparative constitutional law. – Kyiv, ID “The Princess Olga”, 2007, - 416 p. . Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50695
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Abstract: Aviation tragedies occur with frightening frequency, claiming many lives: young, active people full of vital energy; children whose lives were just beginning, and everything was ahead; elderly people accumulating great knowledge and experience. Recently. The State Duma adopted in the third reading amendments to Article 133 of the Air Code of the Russian Federation concerning the mandatory insurance protection of air passengers. How adequate is the existing legal protection of air passengers in the Russian Federation and does it comply with international legal standards?
Biblion
Reference:
Matveeva, T.D. (2008). The Middle Ages through the prism of international legal history. The review of the scientific monograph by O.V. Butkevich “International law of the Middle Ages”, Kyiv, - The Humanitarian Literature Publishing, 2008 – 672 p. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50696
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Biblion
Reference:
Pikurov, N.I. (2008). On understanding of criminal legal prohibitions by the juveniles. Markuntsov, S.A. The understanding of criminal legal aspects within the structure of criminal responsibility of the juveniles. / Gen. Ed. E.A. Zhalinsky / - Moscow: ID “Jurisprudence”, 2007. – 160 p. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50697
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Biblion
Reference:
Seregin, N.S. (2008). The USA: the standpoints of the foreign policy. Fukuyama, F. America at the crossroads. Democracy, power and neo-Conservative heritage. Moscow.: “The Keeper”, 2007, 283 p. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50698
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Biblion
Reference:
N.S. Seregin (2008). SShA: v poiskakh orientirov vneshnei politiki. Fukuyama F. Amerika na rasput'e. Demokratiya, vlast' i neokonservativnoe nasledie. M.: «Khranitel'», 2007. 283 s. Law and Politics, 9. https://en.nbpublish.com/library_read_article.php?id=50699
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