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«Law and Politics» (18+)


№ 4, 2009
Published since
2013 year
Frequency
Monthly
ISSN
2454-0706
ISSN of the printed version of the journal
1811-9018
Registration number
ЭЛ № ФС 77 - 69664
Contents
Question at hand
Theory
Authority and management
Transformation of legal and political systems
Jurisprudence
Law and order
International relations: interaction systems
Transnational interests
Public communications
Human and environment
Legal and political thought
History of state and law
Discussion forum
Practical law manual
Academic life
Biblion
State institutions and legal systems
Authority and management
State security
Contents details
Question at hand
Reference:
Uvarov, A.A. (2009). Legal basis for interaction of civil society and the state. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50902
Abstract: As the author points out, there is a number of positive tendencies in the formation of the civil society in the Russian Federation, and they are initiated by the legislation. However, the legislation still remains imperfect, and there’s obvious need for complex and systemic approach to the legal regulation of relations between the civil society and the state, which would ensure development of civil society. Keywords: law, state, society, person, parties, Constitution, interaction, responsibility, sovereignty
Theory
Reference:
Bekin, A.V. (2009). On the issue of type of state and law within the context of traditional and non-traditional criteria for the typology of state and legal phenomena. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50903
Abstract: This article is devoted to analysis of the issue of type of state and law within the context of theoretical and methodological criteria of legal science, based on typology of state and legal phenomena. The author reviews various criteria for the typologies of state and law, both traditional and non-traditional ones, with their use the author characterizes factors of development of states and legal systems. The author also formulates the ideas for the concept of further development of state and law. Keywords: jurisprudence, law, state, typology, criteria, type, civilization, information, formation, integrative
Authority and management
Reference:
Poyarkov, S.Y. (2009). Russian constitutionalism: ideological aspect. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50904
Abstract: The article is devoted to the phenomenon of Russian constitutionalism as a state ideology, which is based on five ideas of Russian statehood: democratic, legal, social, secular and jural statehood. The integrated system of knowledge of these ideas is an ideology of Russian constitutionalism. Keywords: political science, constitutionalism, ideology, statehood, constitution, power, government, ideas, knowledge, values
Authority and management
Reference:
Murtazaliev, Z.M. (2009). Specific features of realization of political government in the conditions of globalization. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50905
Abstract: Specific features of realization of political government in the conditions of globalization. In the conditions of globalization of the post-modern stage the process of implementation of political power is much premeditated by the economical world system, which is based on free movement of capital, development of networks and information relations in business, politics and social sphere. In modern Russia the political government is often not free from pressure of business structures, however the state is oriented to become strong, to form “rules of the game”, to regulate relations between business and government, realization of national interests internationally. Keywords: political science, state, globalization, post-modernism, strategy, political power, free markets, networks, mentality of government and state
Transformation of legal and political systems
Reference:
Tkachenko, S.V. (2009). Legal nihilism of Russia as a key myth of reception of Western law. . Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50906
Abstract: The teaching of legal nihilism is a pseudoscientific theory, which is based on discriminative approach to Russian people and history, and is based upon lack of ability of Russians in the sphere of law. The author presents critical analysis of this theory. Keywords: jurisprudence, law, nihilism, science, myth, the phobia of Russians, slavery, security, understanding of law, servility
Transformation of legal and political systems
Reference:
Volkova, N.A. (2009). Modern tendencies of formation of Russian legislation in the sphere of private law. . Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50907
Abstract: The article is devoted to tendencies of development of Russian legislation, which regulates the relations in the sphere of private law. The author provides comparative analysis of the Soviet legislation and the legislation of the Russian Federation. Keywords: jurisprudence, law, legislation, tendencies, development, private law, branch, contract, regulation
Transformation of legal and political systems
Reference:
Podyachev, K.V., Musienko, K.A. (2009). Transformation of the political system and participation of citizens in the political process: political and legal problems. . Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50908
Abstract: The article is devoted to changes in role, functions and forms of activity of the modern political parties in the Russian Federation on the background of transformation of party systems, which take place all over the world. The authors analyze the experience of application of Western theoretical concepts to the Russian political parties and say that the parties cease to be key means of communications between the state and society, giving place to social movements and civil initiatives. Keywords: political science, politics, participation, civil duty, parties, process, transformation, influence, power
Jurisprudence
Reference:
Kirsanova, A.V. (2009). On rights and obligations of subjects of legal relations in the sphere of legal responsibility. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50909
Abstract: In this article, based upon the general theoretical definition of the subjective law and obligation, the author characterizes the relations of legal responsibility, names key obligations and duties of its subjects in both positive and negative aspects of legal responsibility. Keywords: jurisprudence, legal responsibility, legal relation, legal responsibility relation, subject, legal obligation, content of legal relation, lawful behavior, violation.
Jurisprudence
Reference:
Filatova, E.V. (2009). The principle of good faith in civil law of Russia and foreign states. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50910
Abstract: In this article the author analyses and compares of principle of good faith, presumption of good faith, abuse of law. In spite of the tendency to broader use of these terms, their nature needs clarification, taking into account history and practice of their application. Keywords: jurisprudence, good faith, principle of abuse, civil, obligation, performance, fides, subjective, objective
Jurisprudence
Reference:
Goncharova, E.V. (2009). Classification of electric energy contracts of the Russian market. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50911
Abstract: The article includes analysis of key classifications of contracts in the modern electric energy market of the Russian Federation. Based on theoretical principles of grouping, the author studies the norm-forming characteristics. Based on the analysis the author offers the basis for the classification of contracts in the energy market. Keywords: jurisprudence, law, contract, classification, electric energy, system, norm-forming element, criterion, natural monopoly, potentially competitive
Jurisprudence
Reference:
Smakhtin, E.V. (2009). Criminal science method as a type of cognition. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50912
Abstract: This article by E.V. Smakhtin is devoted to methodology of criminal science studies. As the author points out, intuition as a method of cognition is often used in practical criminal science while dealing with particular cases. Based on the above-mentioned, the author provides the definition of methodology of criminal science. Keywords: jurisprudence, criminal science, method, cognition, methodology, knowledge, dialectic, intuition, flash of intuition
Law and order
Reference:
Zhalinksy, A.E. (2009). Evaluation of efficiency of criminal legal fight with the corruption. . Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50913
Abstract: The article includes analysis of need to address efficiency of criminal law from the position of its costs and consequences of its realization, the author analyzes category of efficiency and its criminal law limitations, joint and separated efficiency of criminal law-making and law-enforcement. Keywords: jurisprudence, law, law-enforcement, crime, criminality, mechanism, optimal, results, efficiency, usefulness, setting goals
Law and order
Reference:
Doronina, O.M. (2009). Coreleation of witness immunity and deputy immunity: some theoretical and practical issues. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50914
Abstract: The article is devoted to evaluation of witness immunity of the deputy, with due attention paid to deputy immunity and witness immunity. Is witness immunity a separate category of guarantees of deputy’s activity, or is it a separate element of deputy immunity. The author evaluates the scope of deputy immunity at federal and regional level. Keywords: jurisprudence, immunity, Parliament, deputy, lack of responsibility, guarantee, functions, problems
International relations: interaction systems
Reference:
Kotov, A.G. (2009). International public law regulation of investment disputes. . Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50915
Abstract: As the author of this article points out, legal regulation of international investment disputes between the state and foreign investor is of complex character. Such disputes are regulated by both public and private law, both international and domestic law. The article includes bases for international public law regulation of investment disputes. Keywords: jurisprudence, law, dispute, international, arbitration, investor, agreement, contract, convention, investment, regulation
Transnational interests
Reference:
Malin, Y.S. (2009). Ecological policy of China at the international level. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50916
Abstract: The article includes author’s review of the ecological policy of China at the international level. The author emphasizes the need for the formation of such policy, analyzes its efficiency, taking the People’s Republic of China as an example, evaluates key directions of such activities. Keywords: political science, China, politics, globalization, ecology, cooperation, priorities, programs, financing, efficiency
Public communications
Reference:
Dilbaryan G.G. (2009). Collective management of authors’ rights. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50917
Abstract: This article by G.G. Dilbaryan includes brief analysis of history of authors’ rights (copyright), the author analyzes legal aspects of collective management of authors’ rights, and the topical issues in this sphere. As the author points out, the collective management of author’s rights is the only possible way for many authors to protect their rights. Keywords: jurisprudence, rights, organization, management, society, activity, agreement, foundation, protection, control
Human and environment
Reference:
Misnik, G.A. (2009). Definition and types of ecological risks. . Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50918
Abstract: The problems of ecological harm, mechanisms and threats, as well as the risks, arising from the negative influence onto the environment attract attention of specialists, both in Russia and abroad. The authors discuss elements and marks of ecological harm, calculations, specific features of harmful consequences in various components of environment, correlation of ecological harm and economic harm, etc. All of this serves as the basis for three directions: compensation of ecological harm to persons, juridical persons and states, prevention of ecological violations and punishment of perpetrators, and, finally for the formation of means for prevention of ecological harm, and lowering the scale of ecological risks. Keywords: jurisprudence, law, ecological risk, ecological harm, ecological audit, ecological payments, harm, management, modeling, compensation of harm
Legal and political thought
Reference:
Akberov, Rukhid Rashid – ogly (2009). Western experience of evolution of the principle of separation of powers. . Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50919
Abstract: Author of the article reviews the principle of separation of powers in constitutional law of foreign states. He points out the wrongfulness of interpretation, which includes its division into legislative, judicial and executive branches, analyzes the evolution of the principle of separation of powers. He considers that in the modern world this principle got substituted by the “political pluralism” principle. Keywords: jurisprudence, political science, theory, philosophy, constitutional law of foreign states, separation of powers, power, political pluralism, evolution
History of state and law
Reference:
Bezgin, V.B. (2009). Property crimes among the peasants: between the law and the custom. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50920
Abstract: The author evaluates customary legal views of the Russian peasants towards property crimes, includes the analysis of most popular types of such crimes in the village. He establishes the principles of peasant justice, types of punishment used by the volost courts. He establishes the norms of customary law and official legislation and their role in establishing the punishment for offences. Keywords: jurisprudence, law, community, theft, horse theft, crime, court, punishment
Discussion forum
Reference:
Trunov, I.L. (2009). Legal business in Russia. . Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50921
Abstract: The article includes analysis of tendencies of development of legal business in Russia and need for its reform, problems in the activities of the advocates and lawyers in the private practice. The author gives examples and analyzes the tendencies of development of international legal companies. Based on the latest international tendencies, the author makes conclusions and provides ideas for improvement of legal business of Russia. Keywords: jurisprudence, legal business, economical growth in Russia, advocacy in Russia, lawyers, entrepreneurs, organization of finances, placement of shares, accreditation of higher education institutions in Russia, international legal companies, licensing, reimbursable legal services of the Association of Lawyers of the Russian Federation
Discussion forum
Reference:
Sitishko, D.A. (2009). The production secret (know-how) and commercial secret: some specific features for use of production secret. . Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50922
Abstract: The article is devoted to the correlation of the terms production secret, know how and commercial secret, as well as to particular problems, related to use of production secret (know how) in non-commercial organizations. The author reviews the prerequisites for possible limitations, related to such use and methods for overcoming them, including amendments into the legislation of the Russian Federation. Keywords: jurisprudence, law, know-how, organization, non-commercial, secret, commercial, legislation, production
Practical law manual
Reference:
Zhukov, R.A. (2009). Status of refugee and forced migrant via judicial route. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50923
Abstract: The article includes analysis of judicial practice on cases of gaining refugee status and forced migrant status in court. The author analyzes the judicial practice of such migration-complicated regions, as the Norhern Caucausus, Moscow, St. Petersburg, norms of international law. Keywords: jurisprudence, status of the refugee, status of the forced migrant, judicial order, petitioning, granting of certificate, form of certificate, Geneva Convention, Migration Service of the Russian Federation, temporary refuge
Practical law manual
Reference:
Beketov, V.A. (2009). Specific features of preparation and implementation of crimes of theft of ready products by the groups of persons at the metallurgical industry factories. . Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50924
Abstract: The article includes analysis of various forms of preparation and implementation of ready products by groups of persons in the metallurgical industry factories. The author also provides for forms of covering for such crimes and fighting criminal structures. Keywords: jurisprudence, means of preparation and implementation, theft, ready products, criminal groups of persons, metallurgic organizations, crime, fighting crime, criminal structure
Practical law manual
Reference:
Grigoryan, E.A. (2009). System of fixation as a basis for cognition in criminal judicial practice. . Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50925
Abstract: Author of this article points out, that it is currently necessary to pay attention to the system of fixation of various information while investigating criminal cases, including criminal law problems of forming a protocol of investigative act. This article includes analysis of various forms of fixation of evidence at the modern stage in accordance with criminal science recommendations. Keywords: jurisprudence, law, fixation, cognition, photography, plans, schemes, protocol
Practical law manual
Reference:
Yarovenko, V.V., Prisekin, A.V. (2009). Definition of time of hiders as a part of ways to conceal criminal activity. . Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50926
Abstract: In this article the hiders are viewed as elements of concealment of criminal activities. The author formulated the definition, offered classifications of hiders, both broadly speaking and narrowly speaking. Keywords: jurisprudence, law, hider, hiding, keeping, search, review
Academic life
Reference:
Dubovik, O.L. (2009). Change of climate and its influence on dynamics and functioning of ecological systems. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50927
Abstract: The author analyzes directions of legal regulation in the sphere of protection of ecological system, first of all, of the natural world, with connection to the changes of climate. The author analyzes the data of natural science on changes of vegetation, invasions of new types onto the new territories, which, in turn destroys endemics, worsens the quality of forests, and causes otehr negative consequences. The author evaluates the possibilities of international law, regional and national legislation in the sphere of formation of correct legal and organizational means of climate protection, environment protection, preservation bio-variety, especially concerning forests. Keywords: jurisprudence, law, ecological law, climate, ecological system, monitoring, growth, bio-variety, monitoring, plant world
Biblion
Reference:
Saidov, A.Kh. (2009). Black-and-white board or a colorful mosaic?. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50928
Abstract: This article by A.H. Saidov includes analysis of the opus magnum of Zbigniew Brzezinski The Grand Chess-Board. In this book the great American political scientist pays some attention to the Middle Asia region, however, mostly from the point of view of influence of “outer forces” (Russia, China, Turkey, US), within the terms of the “Big Game”. Keywords: Zbigniew Brzezinski, law, region, Central Asia, geopolitics, international, strategy, Islam
State institutions and legal systems
Reference:
Kolesnikov, V.N., Zinovkina, E.N. (2009). Problem of functional indeficiency of the Russian parliamentarism. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50929
Abstract: The article is devoted to functional indeficiency of the Russian parliamentarism. The article includes comparative analysis of the interpretations of key powers of Parliament, including those of the Federal Assembly of the Russian Federation. The authors support the idea of the functional deficiency of Russian parliament as a key problem for its low efficiency an legitimacy in the eyes of the people.
Keywords: political science, parliamentarism, civil society, parliamentary culture, index of powers of Parliament, political representation, parliamentary powers, legitimacy of Parliament, parliamentary functions, efficiency.
Authority and management
Reference:
Chakalova, M.S. (2009). Principles of provision of specific state powers to municipal bodies. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50963
Abstract: In the sphere of provision of specific state powers to municipal government there are no united and consolidated legal approaches. Considering the variety of characters and powers, various conditions in various constituent subjects of the Russian Federation, it is impossible to establish a particular list of such powers. It is necessary to legislatively provide for the principles for the provision of state powers to municipal bodies.
Keywords: jurisprudence, power, state, municipal government, powers, provision, principle, legality, subsidiary, guarantees.
State security
Reference:
Sataev, A.G. (2009). Migration of foreign citizens to the Far Eeast and the problem of Rrussian national security. Law and Politics, 4. https://en.nbpublish.com/library_read_article.php?id=50964
Abstract: The article includes analysis of problems and experience of migration of Chinese citizens to the Far East of Russia. The author shows the influence of this process onto the national security of Russia, and offers instruments for regulation of Chinese labor migration, as well as model of formation of an efficient migration policy taking the specific features of geopolitical situation of the Far East of the Russian Federation as a borderline territory into consideration.
Keywords: political science China, Russia, migration, security, Ishaev, frontier, ATR, Heilungkiang, Jiang Zemin.
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