State institutions and legal systems
Reference:
Kolesnikov, P.M.
The Muslim law in legal systems of the
Islamic states: tendencies, modern state and perspectives of
development.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51428
Abstract:
The article is devoted to the Muslim law as a social, cultural,
religious and legal matter, the author studies the problem of its
place and role within the structure of national legal systems of the
Islamic states, interaction of the Islam within the boundaries of the
Muslim legal traditions with the Western legal categories in the
framework of some legal models of the countries of the Muslim East.
At the same time based on the analysis of the positions of Arabian
and Western scientists, the author provides a classification of legal
systems of Islamic states, taking into account the influence of the
Shariat, shows tendencies and perspectives of development of the
Muslim law within the legal systems of various Islamic states.
Keywords:
jurisprudence, law, model, Shariat, fiqh, system, Islam, fatwah, doctrine
Authority and management
Reference:
Tikhomirova, L.A.
The subsidiary principle as a basis for
the relations between the Russian Federation and its constituent
subjects.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51429
Abstract:
The analysis of the existing positions on the nature and contents of
the subsidiary principle in the mechanism of separation of competences
allows the author to characterize it from constitutional and
legal positions, to define them, to show their contents, establish the
key elements, to define the criteria of efficiency, to formulate the key
conditions for their implementation in the Russian Federation.
Keywords:
jurisprudence, federal state, federal relations, the subsidiary principle, complimentary, interchangeable, separation of competences, centralization, decentralization, the Russian Federation
Authority and management
Reference:
Ionova, A.A.
Problems of formation of an open political
systems in modern Russia: institutional aspect.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51430
Abstract:
The article is devoted to the specific features of transfer of Russia to
the open political system and legislative registration of this process,
as well as to comparative analysis of formation of democracy in
the Western states and in Russia. The author turns to the studies
of the conditions, which are necessary to transfer to the open political
system and to the democratic political regime. The author
then comes to a conclusion that such a transfer presupposes the
transformation not only of political and economical system, but
also of the system of values in the society.
Keywords:
political science, system, synergy, transformation, democracy, Authoritarian, modernization, culture, values, multipartizan system
Transformation of legal and political systems
Reference:
Bulatov, O.Sh.
Modernization and legislative improvement
of the political system of the Russian Federation.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51431
Abstract:
Formation and normal functioning of a modern political system
presupposes existence of not only several parties, but rather of
whole party systems with complicated structures and hierarchies.
The complicated nature of the social structure, as well as variety
of options related to party formation, modernization and legal
improvement of the political system of the Russian Federation,
then the author analyzes the key changes in the legislation on
political parties.
Keywords:
jurisprudence, competition, fight, parties, proportionate, elector, mandate, power, modernization, vector
Transformation of legal and political systems
Reference:
Tatarintseva, E.A.
Legislative evolution of the goals of child adoption as a reflection of the process of modernization of
society in the common law states.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51432
Abstract:
The article is devoted to the legislative evolution of goals of child
adoption throughout various historical periods up to the modern
time. Much attention is paid to the goals of adoption in the common
law states, such as the USA, the GB, Australia, where currently
adoption is a priority form for the children left without care of
parents. The need to clearly establish the goals for adoption would
allow to include new types of adoption, serving the best interests
of children. The key change in modern legislation on adoption is
that it’s now a “child-oriented” process, and it serves as means
to find a family for a child, not a child for a family.
Keywords:
jurisprudence, goals of adoption, inheriting the property, support and development of relative families, exploitation adoption, de-facto charity adoption, children born out of wedlock, “pregnancy boom”, well-being of a child, adoption of children, left without care of their parents
State security
Reference:
Orlinskaya, O.M., Starkin, S.V.
American federal system as
a mechanism for fighting industrial and economic espionage:
normative and legal bases for the transformation of priorities of
the counterespionage work of the special services of the USA.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51433
Abstract:
The article is devoted to the problems, which have to do with
mechanisms, which American special services employ to fight
industrial and economical espionage. The authors point out that
lately the American establishment becomes concerned with counterespionage
matters, that is why the leaders of the special service
agencies calls for changes in the list of priority spheres of their
work under the general concept of development of the American
political system, including normative legal basis for its existence,
with the shift of attention from fighting terrorism to protection of
national technological innovations.
Keywords:
political science, industrial espionage, political process, American federalism, espionage, analysis, information, security, community
State security
Reference:
Sidorov, S.A.
State program of priority directions for the guarantees of national security of the Far Eastern boundaries of the Russian Federation.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51434
Abstract:
The author of this article views the priority directions of national
security of the Far Eastern borders of the Russian Federation, then
he comes to a conclusion that within the new reality of international
situation, there’s need for optimization of Russian participation
in the integration processes in the Region, which would allow
for the complex approach and coordination of activities of all the
Russian members.
Keywords:
political science, national priorities, cooperation, national security, strategy, modernization, APR, CBA, investments, innovations
International relations: interaction systems
Reference:
Shugurov, M.V.
World financial system and perspectives of
global innovative and technological development: international
legal aspect.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51435
Abstract:
The article is devoted to analysis of financial and legal mediation
of transfer and spread of technologies and innovations on the
global scale. Then he comes to a conclusion on the need to reform
the architecture of the world financial system, taking into account
the need to effectively guarantee global innovative technological
development, with much attention paid to the innovative potential
of the modern international financial institutions.
Keywords:
jurisprudence, development, finances, globalization, stability, cooperation, transfer, technologies, economics, investments
Law and order
Reference:
Bykov, V.M.
New Decree of the Plenum of the Supreme
Court of the Russian Federation on judicial expertise on criminal
case: scientific commentary.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51436
Abstract:
The article is devoted to the new Decree of the Plenum of the
Supreme Court “On Judicial Expertise on Criminal Cases”. The
author analyzes both strong and weak points of the new Decree.
He stresses out that the new Decree left out many complicated
issues, such as evaluation of possibility positions of an expert,
as well as use of special knowledge on the stage of initiation of a
criminal case.
Keywords:
jurisprudence, Decree, judicial expertise, assigning an expertise, expert opinion, specialist opinion, complex expertise, additional expertise, repeated expertise, expertise in court
Conflict: tools of stabilization
Reference:
Korneeva, O.V.
Delict responsibility of the owners of transportation vehicles in the conditions of obligatory insurance: functional aspect.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51437
Abstract:
The article includes analysis of the influence of obligatory insurance
on the development of the institution of civil legal responsibility
of the owners of the transportation vehicles. She analyzes the
functions of delict responsibility and of insurance. Then she comes
to a conclusion that obligatory insurance deforms the functions
of delict responsibility of vehicle owners, partly substituting for
rehabilitation and preventive-educational function.
Keywords:
jurisprudence, function, responsibility, insurance, deformation, rehabilitating, preventive, educational, harm, OMI
JUDICIAL POWER
Reference:
Sivov, V.V.
Topical issues of application of punishment of limitation of military service.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51438
Abstract:
Based on the analysis of the contents of the Art. 51 of the Criminal
Code of the Russian Federation, the author makes a conclusion
that it fails to be in accordance with some norms of the General
Part of the Criminal Code of the Russian Federation. While the
existing provisions of this article do not allow more successful application
of limitation of military service, there might be need to
amend it. The author also offers to amend a Decree of the Plenum
of the Supreme Court of the Russian Federation of January 11,
2007 n.2 “On the practice of the application of criminal punishment
by the courts”.
Keywords:
jurisprudence, military servant, punishment, limitation, special, goals, alternative, term, limitation, sanction
Human and environment
Reference:
Motorin, E.P.
Legal problems of application of methodological
recommendations on evaluation and compensation of harm
to environment.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51439
Abstract:
The formation of special methods is required by the complicated
character of calculation of damage in this sphere. When the claim is
filed it is not always possible to establish the character and amount
of consequences, which are caused by ecological offence. The article
includes the provisions for the general methods for calculation
of damage in various spheres of nature management, which would
allow to form general approach to calculation of damage.
Keywords:
jurisprudence, environment, sphere, damage, harm, compensation, method, ecological, protection
History of state and law
Reference:
Akmanov, S.S.
Retrospective potential of norms of exemplary
statutes of the collective farms in regulation of the credit
relations of their time.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51440
Abstract:
The article includes analysis of the norms of Exemplary statutes
of the agricultural work associations in 1930, 1935, and of the
Exemplary statute of 1969. He establishes that the norms of these
Statutes were meant to regulate the credit relations in their epoch,
provides for the generalized evaluation of retrospective potential
of these norms.
Keywords:
jurisprudence, Exemplary statute of 1930, Exemplary statute of 1935, Exemplary statute of 1969, credit, Agricultural Bank of the USSR, State Bank of the USSR, credit limitation, production and financial plan, credit relations
History of state and law
Reference:
Puryaeva, A.Y.
Forest as an object of legal regulation in
pre-Revolution forest legislation of Russia from the middle of
XVIII to early XX centuries.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51441
Abstract:
This article includes analysis of normative legal acts, which were
accepted in the pre-Revolution Russia in order to regulate use and
protection of forests. The author then comes to a conclusion that
definition of the forest was lacking in the legislation of that time,
and included double meaning of “growing forest” as immovable property and “produced forest” (wood).
Keywords:
jurisprudence, forest, pre-Revolution, forest, legislation, Russia, wood, growing, history
History of state and law
Reference:
Stupnikova, N.N.
Implementation of the judicial function
on the ancient Russian statehood.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51442
Abstract:
This article is devoted to the peculiarities of implementing justice
in the Ancient Russia. It includes the studies of nature and roots
of a judicial function, evaluation of the state government bodies, which possessed judicial powers. The author then characterizes the
ancient forms of jurisprudence, and special features of competence
of such courts.
Keywords:
jurisprudence, judiciary, judicial system, Kiev, Russia, court, executing, justice
Legal and political thought
Reference:
Ibragimov, N.H.
Approaches to the term of state structure:
history and modern stage.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51443
Abstract:
The article is devoted to various issues regarding the definition of
state structure. Much attention is paid to the history of this issue,
as well as to some modern problems.
Keywords:
jurisprudence, law, state, form, formation, union, territory, unitary, federation, confederation
Anthropology of law
Reference:
Popov, E.A.
Civil society and post-modernism.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51444
Abstract:
The article is devoted to various aspects of correlation of postmodernism
and law. The influence of postmodernism on the legal
system reflects the vector of world view searches in the society. The
law then become more than an isolated independent phenomenon,
rather it becomes an intellectual system, which reflects most topical
social and cultural searches, as well as values and meanings.
The contradictions of postmodernism influence the civil society,
its development.
Keywords:
jurisprudence, postmodernism, society, legal conscience, values, norms, transformation, ontology, law, state
Anthropology of law
Reference:
Levina, S.V.
Educational function of law and legal education: on the issue of correlation of terms.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51445
Abstract:
Based on the characteristics of the educative function of law and
legal education the author of this article analyses the correlation
of these terms, reflecting their place and role in the development
of the modern society. Much attention is paid to the importance
of their implementation in order to successfully form civil society
and jural state.
Keywords:
jurisprudence, law, function, education, legal conscience, morals, society, state, law, person
Jurisprudence
Reference:
Vasiliev, A.A.
Legal doctrine as a source of law in the Russian legal system: problems and perspectives.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51446
Abstract:
The article is devoted to the problem of legal doctrine as a source
of law. The author establishes the nature and place of legal doctrine
in the Russian law.
Keywords:
jurisprudence, source of law, legal doctrine, legal science, legal ideology, form of law, general opinion of lawyers, legal studies, history of law, system of sources of law
Jurisprudence
Reference:
Panfilov, A.N.
Cultural values and objects of cultural heritage: problem of unification of terms (part 1).
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51447
Abstract:
In modern Russia the problems of legal protection of historical
and cultural monuments are not studied sufficiently. In particular, the legal literature fails to adequately cast light upon the unification
of legal definitions and terms, which are used in normative
legal acts, regulating the relations in the sphere of protection and
preservation of objects of cultural heritage, import and export of
objects of cultural value. Now the issue of terminological unity is
quite topical, due to improvement of federal legislation (new law
on culture, amendments to the law on objects of cultural heritage),
as well as to complications in practice of legal application. In this
study the author based on analysis of legal and scientific definitions
of “cultural values”, “objects of cultural heritage” and other close
terms, formulates provisions for their improvement.
Keywords:
jurisprudence, law, cultural values, objects of cultural heritage, monuments of history and culture, culture, unique character, authenticity, unification, protection
Practical law manual
Reference:
Shayakhmetova, A.R.
Obligations of the parties to the contract
of remuneration-based provision of medical services.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51448
Abstract:
The contract for remunerated medical services under the general
classification of contracts falls into the category of contract for
the provision of services. The nature of these relations calls for
their regulation by both the norms of civil legislation and by the
norms on legislation on health protection. All of these presupposes
the specific features of the parties to the contract of remunerated
medical services.
Keywords:
jurisprudence, contract, medicine, service, obligations, service provider, patient, quality, secret, health
Practical law manual
Reference:
Yakovleva, A.I.
Peculiarities and topical aspects of
civil law regulation of town-planning activity in the Russian
Federation.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51449
Abstract:
The author of this article attempts to view various aspects of civil
law regulation of town-planning activity, she analyzes the correlation
of terms of “town-planning activity” and “town - planning”. As
a result, he makes a number of theoretical conclusions and offers
to amend existing legislation of the Russian Federation.
Keywords:
jurisprudence, town-planning, activity, subject, object, civil, law, code, territory, planning
Biblion
Reference:
Glotov, S.A.
Review of the monograph of A.V. Belyakov,
N.V. Lyakisheva, Prokudina “Problems of legal regulation of
genetic engineering”. Moscow.: NOTA BENE, 2010. - 280 p.
// Law and Politics.
2011. ¹ 2.
URL: https://en.nbpublish.com/library_read_article.php?id=51450
Abstract:
The collective monograph of the Russian scientists, which was
published by “NOTA BENE”, is devoted to the topical aspects of
legal regulation of genetic engineering. The authors successfully
analyze the experience of the foreign states in this sphere, including
the EU. The book includes the ideas for possible improvement of
the Russian national legislation.
Keywords:
jurisprudence, environmental law, state regulation of genetic engineering, genetically modified products, genetically modified organisms, protection of human health, biotechnologies, the Russian Federation, the EU, legislative process
Eng
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