Theory
Reference:
Stepanenko R.F.
The resources of synergistic approach within the modern theoretical jurisprudence: experience of the research practice of the general legal theory of marginality
// Law and Politics.
2015. ¹ 5.
P. 610-618.
URL: https://en.nbpublish.com/library_read_article.php?id=52412
Abstract:
The subject of this research is the peculiarities, characteristics and stochastic qualities of the borderline legal relations, unadapted and foreign to the values of the normative sphere. The author pays particular attention on the issues of causality of committing legal violations motivated by both, the objective factors (political, economic, cultural, and others), as well as personal-psychological factors, which in their totality determine the negative effect of the legal (juridical) marginality as a self-organizing, open, and dynamic system upon the quality of modern Russian law and order. The article substantiates the conclusion on the reasonableness of the use of synergistic methodological principles and schemes within theoretical jurisprudence, presented within the experience of general legal theory of marginality. On the example of interpretational model of application of synergistic approach the author justifies the hypothesis on the possible implementation of this approach in study of complex legal systemic constructs by the juridical science.
Keywords:
bifurcation, causality of legal violations, synergystic approach, methodology, interdisciplinary methodology, legal marginality, dissipation, nonlinearity, marginal behavior, disposition
State institutions and legal systems
Reference:
Antonova A.M.
General characteristics of the electoral legislation of Russia and three constituents of the Russian Federation of the Volga Federal Region (Republic of Tatarstan, Republic of Bashkortostan, and Samara Oblast)
// Law and Politics.
2015. ¹ 5.
P. 619-625.
URL: https://en.nbpublish.com/library_read_article.php?id=52413
Abstract:
This article presents a comparison of the electoral laws of the constituents of the Russian Federation with the federal electoral legislation. More specifically, the article presents the analysis of the peculiarities of the structure of electoral legislation of the Republic of Tatarstan, Republic of Bashkortostan, and Samara Oblast. The work examines the inner content of the above legal norms. The conducted research allows us to determine the present state of this legislation and its place within the system of constitutional legislation of the Russian Federation. As a result of the conducted research the author formulates the main conclusions of the following facts: - The regional electoral legislation fully complies with the federal electoral legislation;- The regional electoral legislation is constantly being improved and corresponds with the current political situation within the country;- The electoral legislation of the national government formations (republics) is much more similar in structure and content than that of the territorial formations (krai, oblast).
Keywords:
Elections, Federal electoral legislation, Electoral system, Referendum, Regional electoral legislation, Electoral law institution, Passive electoral right, Governor, Municipal elections, Principle of uniformity
State institutions and legal systems
Reference:
Zheldybina T.A.
On increasing efficiency of the lawmaking process under the conditions of democratic reforms
// Law and Politics.
2015. ¹ 5.
P. 626-631.
URL: https://en.nbpublish.com/library_read_article.php?id=52414
Abstract:
This article analyzes the factors that promote the increase of effectiveness of the lawmaking process in the Russian Federation. From the perspective of modern juridical scientific knowledge the author researches the peculiarities of modern lawmaking with consideration of the current democratic reforms. The author analyzed the increase in the dynamics of the legislative work on the federal and regional levels, and makes a conclusion on the need for development of a mechanism for sequential improvements to the legislation in form of an institution of public lawmaking initiative as an institution of direct democracy. Analysis is given to the importance of the factor of the timeliness of passing a law, and participation of the scientific juridical community in the legislative process. From the position of modern scientific approach a research is conducted on the factors of improving the efficiency of legislative process pertaining to the modern conditions of democratic reforms. Conclusions are made on the necessity to strengthen the authority of the law, and coordination of lawmaking on the federal and regional levels.
Keywords:
Lawmaking, Democracy, Effectiveness, Law, Legislation, Reforms, Bill, Lawmaking process, Legal state, Lawmaking practice
Transformation of legal and political systems
Reference:
Danilov S.Yu.
Constitutional reform in Canada: legal political aspects
// Law and Politics.
2015. ¹ 5.
P. 632-641.
URL: https://en.nbpublish.com/library_read_article.php?id=52415
Abstract:
This works is dedicated to the ways and means of overcoming the legal and political hurdles on the path to reform the supreme law of the nation. As an illustration, the author chooses the constitutional process of one of the oldest and most respected constitutional democratic countries belonging to the legal family of nations of “common law”. The article reveals the fundamental and specific features of the mechanism of legal constitutional regulation that has formed in this North American country, including the role and place of such sources of legal regulation as legal constitutional tradition and precedent within the constitutional doctrine and practice of this nation. The author defines the level of the necessity and reasonableness of a constitutional reform and follows its main stages; analyzes the effect of the reform upon the modern state of Canada’s constitutionalism; evaluates the level of administrative skills of the institutions of federal authority in realization of the reform.
Keywords:
Law, Patriation, Interpretation, Federation, Amendments, Policy, Consensus, Precedent, Conventions, Constitution
Transformation of legal and political systems
Reference:
Troshchinskiy P.V.
Evolution of the legal system of the People’s Republic of China over the recent years
// Law and Politics.
2015. ¹ 5.
P. 642-650.
URL: https://en.nbpublish.com/library_read_article.php?id=52416
Abstract:
The subject of this research is the legal system of modern China. The article analyzes the main vectors of its development within the period of 2010-2015. The author gives characteristics of the content of the passed normative legal acts and examines the specifics of the lawmaking within the legislative, criminal, civil, and administrative spheres. The article presents a number of acts of the legislator that will be introduced into the legal system of PRC over the next few years. Among the most important are the PRC Law “On the Fight against Terrorism”, PRC Law “On the Fight against Corruption”, PRC Law “On the Fight against Domestic Violence”, and the PRC Law “On Foreign Investments”. A special attention is given to the issues of softening the death penalty institution on a number of financial crimes.
Keywords:
comparative jurisprudence, reform, terrorism, corruption, death penalty, law, legal system, China, sentence, espionage
Transformation of legal and political systems
Reference:
Bel'kovich R.Yu.
Secession and the meta-language of law
// Law and Politics.
2015. ¹ 5.
P. 651-657.
URL: https://en.nbpublish.com/library_read_article.php?id=52417
Abstract:
Secession represents a phenomenon that has existed throughout the entire history of a national state within the Westphalian system of international relations. Despite the prolonged existence of this phenomenon, its status in the legal field remains undefined. The author strives to demonstrate that secession cannot really be considered a phenomenon that exists within law as conceptually it represents the “end of law”. The research leans on the traditional within the global science analysis of the issue of secession in the context of moral philosophy. The author comes to the conclusion that the positive law represents not only the system of normative rules, but a sort of a meta-language, which defines the boundaries of possible reasoning not only about these rules, but also the relations they regulate. Secession demonstrates a gap that exists between society and the government, and attempts to liquidate this gap. Secession is not the “right” of a nation or separate individuals, rather a form of self-determination, which precedes any right.
Keywords:
territorial integrity, Westphalian system, meta-language, violence, self-determination, monopoly, sovereignty, secession, coercion, civil society
State security
Reference:
Kremenskaya M.N.
Signing a contract for service in the Federal Security Service of the Russian Federation
// Law and Politics.
2015. ¹ 5.
P. 658-667.
URL: https://en.nbpublish.com/library_read_article.php?id=52418
Abstract:
The subject of this research consists in the theoretical-legal basis of signing a military service contract and its content. The object of the research is the public relations that form at the time of entering into the military service contract. The article examines the norms of material and procedural law that regulates the issues of entering into contract and its content. A special attention is given to the principles of making addendums to the content of the contract with specific rights and responsibilities, among which are the principles of “sufficiency” and “unbreakable ties between the terms of the contract and the legal liability of the member of the armed forces”. The comparative-legal analysis of the contracts of various federal branches of law enforcement allowed formulating proposals for improving the standard contract for military service and the service contract for military personnel in the Federal Security Service.
Keywords:
content of the contract, federal security service, civil service, terms of the contract, military contract, military service, military personnel, civil servant, corruption, legal liability
Law and order
Reference:
Esakov G.A.
Universal criminal jurisdiction (due to crimes of terroristic nature)
// Law and Politics.
2015. ¹ 5.
P. 668-672.
URL: https://en.nbpublish.com/library_read_article.php?id=52419
Abstract:
The subject of this research is the issues of defining, establishing, and applying the universal jurisdiction within Russian criminal law. The author examines the questions of forming a universal jurisdiction in the Lotus and Arrest Warrant cases; its problematic issues such as trial in absence of the defendant are being reviewed. The main subject of the article focuses on the problems of universal jurisdiction due to crimes of terroristic nature. A research is conducted on the possible vectors of future development of the Russian criminal law in the area of universal jurisdiction, including the aspect of adhering to the norms of international law. The main conclusions of the conducted research pertain to the determination of the place, significance, and future prospects for development of the universal jurisdiction within Russian law. The author determines possible directions for improving criminal legislation, reveals possible complications and proposes the ways to solve them in accordance with the positions of international law and practice of international courts.
Keywords:
International Court of Justice, international law, terroristic crimes, citizenship, applicability of criminal legislation, universal jurisdiction, Lotus principle, jurisdiction, trial in absentia, criminal law
Law and order
Reference:
Lipinskiy D.A.
Social justification of the positive legal responsibility
// Law and Politics.
2015. ¹ 5.
P. 673-683.
URL: https://en.nbpublish.com/library_read_article.php?id=52420
Abstract:
This article is dedicated to the social bases of positive legal responsibility, without which building a legal state and forming a civil society is impossible. The author defends the legal nature of positive legal responsibility using the rich social and philosophical material. The author simultaneously conducts a polemic with scientists-sociologists and philosophers, who while devising the general concepts of social responsibility, do not take into consideration the specificity of legal responsibility. The subject of the research also includes various types of social norms, including juridical, which contain positive responsibility. The work presents results of polling. The article gives original definitions to social and legal responsibility, presents the polling data from different categories of citizens and experts (legal scholars) on the issues of positive legal responsibility and its regulatory impact. The author justifies a unified character of legal responsibility, which includes the positive (voluntary) and negative (state mandatory) forms of realization. The statutory (unified) responsibility is the responsibility (requirement) to uphold the legal rules by the parties of legal relations that is objectively justified, and set by the law, which if violated, forces the violator to suffer judgement, limitation of rights of property or personal non-property nature.
Keywords:
necessity, debt, legal liability, forms of responsibility implementation, positive responsibility, social responsibility, free will, negative responsibility, statutory responsibility, legal debt
Law and order
Reference:
Kokotova D.A.
Analysis of the practice of amnesty in the Russian Federation in terms of existence or absence of the intent to correct the defects in the application of criminal law
// Law and Politics.
2015. ¹ 5.
P. 684-689.
URL: https://en.nbpublish.com/library_read_article.php?id=52421
Abstract:
This article is dedicated to the amnesty as it is, rather than as it should be according to law or theory. The subject of this research is the aim of the amnesties given by the Supreme Council of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation throughout the existence of the Russian Federation. The purpose of this article is to verify the presumptions that the amnesties given over the period of the existence of the Russian Federation lacked the intent to correct the flaws in implementation of criminal law. The result of this work is the confirmation by our own empirical data of the validity of the proposed presumption on the lack of the intent to correct the flaws in implementation of criminal law in the Russian amnesties. The author’s contribution consists in creation of the research blueprint that can be used to research amnesties given in other periods of time, and in other countries (providing that there are no obstacles for such use due to specificity of a country or the timeframe).
Keywords:
facts established by law enforcement, point of the enactment, consideration of the position of law enforcement, enactment of amnesty, correction, application of criminal law, intent of amnesties, amnesty, law enforcement measures, confirmation of validity
JUDICIAL POWER
Reference:
Rerikht A.A.
The legal institution of independence of the judiciary within Russian legal doctrine: determination of the concepts, functions, status and place within the legal system
// Law and Politics.
2015. ¹ 5.
P. 690-696.
URL: https://en.nbpublish.com/library_read_article.php?id=52422
Abstract:
The article states the goals and content of the legal construct of “independence of the judicial authority/court/judges” recognized as an independent legal institution. The author defines the original concepts, and lists the subjects of judicial independence, i.e. the judicial authority, courts and judges, determines their status and influence according to the Constitution of the Russian Federation and federal legislation. A separate analysis is conducted on the concept of independence by the Russian and German doctrines, as well as the notions of “independence of the judiciary”, and “independence of judicial authority”. The article gives the classification of the norms that regulate the independence of the judiciary. The author proposes to introduce into discourse (first and foremost into scientific) the notion of “the zone of independence of the judiciary” and explains its content, meaning, and prospects for implementation in legal comparative research and improvements to the Russian legislation.
Keywords:
Law, Court, Judge, Independence, Guarantees, Legal institution, Judicial authority, Russia, Comparison of regulations, Procedural law
Public communications
Reference:
Tel'nov A.V.
The right of the state as a subject of civil law to protection from defamation
// Law and Politics.
2015. ¹ 5.
P. 697-703.
URL: https://en.nbpublish.com/library_read_article.php?id=52423
Abstract:
The subject of this research is the legal norms that regulate the protection of the reputation of a state as a public establishment from defamation. The object of the research is the public relations pertaining to the violations of rights and lawful interests of the state as a subject of civil legal relations, defamation – spreading vilifying information, as well as public relations associated with the legal protection of the state’s reputation from defamation. The author conducts a detail review of such aspects of this topic as the influence of distribution of vilifying information (defamation) about a state, which affects its reputation and warrants the need to protect the state’s reputation from defamation. The research presents legal justification of implementation into the legislation of such category as reputation, which can be applied to a state as a subject of legal relations on protection from defamation.
Keywords:
Intangible benefits, State, Defamation, Legal protection, Protection of reputation, Vilification, Public establishment, Distribution of vilifying information, Reputation, State reputation
Public communications
Reference:
Zamotaev D.Yu.
Political activity of Russia’s internet audience on a regional level as a part of civil society
// Law and Politics.
2015. ¹ 5.
P. 704-707.
URL: https://en.nbpublish.com/library_read_article.php?id=52424
Abstract:
The goal of this work is the analysis of Russia’s internet audience as a participant in the political communication on a regional level and its attitude towards the activity of the NGO as an important part of forming a civil society. The subject of this research includes the following components: 1. Socio-political analysis of the aspects of Russia’s internet audience; 2. The details of the online activity of the responders; 3. The perception of population about the role of the NGO in Russia; 4. Classification of the public opinion of the population regarding the role and influence of the NGO at the regional level. Selective polling was conducted on the population of the Krasnogorsky District of the Moscow Oblast consisting of 300 people between 20 and 62 years of age, representing the working class. The author emphasizes the need for a wide range of informational forums for a two-way communication at the regional level, and encouragement of citizens to participate in the dialogue, public discussion of the national politics online, and forming of the political culture of the society.
Keywords:
opinion, interests, Internet audience, civil society, non-governmental organizations, region, politics, activity, awareness, participation
Conflict: tools of stabilization
Reference:
Podkorytov N.S.
Tort prevention in the United States
// Law and Politics.
2015. ¹ 5.
P. 708-711.
URL: https://en.nbpublish.com/library_read_article.php?id=52425
Abstract:
The subject of this research is the analysis of the United States legislation in the area of “tort prevention”. The author presents the practice of application of this institution, legal doctrines used in the United States of America, comparative analysis with the legislation of the Russian Federation, as well as the German legislation. In addition to studying the civil legal institution of tort prevention, the author conducts a research in the area of sources of high risk. The author proposes to form a legislative designation of the sources of high risk, borrowing the concept of calculated risk from the US legislation, and implementing the legal precedent with regards to cases related to tort prevention as a doctrinal and basic approach towards regulation of relations.
Keywords:
source of high risk, tort prevention, legal precedent, legislation, United States of America, dlict, doctrine, concept, court, civil process
Human and environment
Reference:
Didikina A.V.
Environmental impact assessment in the “Caspian context”
// Law and Politics.
2015. ¹ 5.
P. 712-721.
URL: https://en.nbpublish.com/library_read_article.php?id=52426
Abstract:
The article examines the issues of legal regulation of the environmental impact assessment (EIA) in the Caspian Sea. The application of this preventative mechanism becomes especially relevant in light of the growing anthropogenic impact upon this region. The article analyzes not only the corresponding international legal treaties, but also the national legislation of the littoral states on this procedure, taking into account the peculiarities of the legal status. A special attention is given to the comparative analysis of the Protocol on the Environmental Impact Assessment in a Transboundary Context of the Framework Convention on Protection of the Environment of the Caspian Sea, Convention on Environmental Impact Assessment in a Transboundary Context of 1991, and the Guide to Environmental Impact Assessment Ordinance in a Transboundary Context of the Caspian Sea region. The author concludes that the enactment of the Protocol on the Environmental Impact Assessment in a Transboundary Context would be a positive step, while at the same time the effectiveness of realization of its positions would largely depend upon the degree to which the Caspian States can harmonize their national legislation with the EIA.
Keywords:
Caspian ecosystem, environmental issues, Caspian region, transboundary context, Protocol on Environment Impact Assessment, Caspian Sea, environment, impact assessment, natural resource management, oil and gas resources
Practical law manual
Reference:
Yarovenko V.V.
On the criminal liability according to the article 181 of the Criminal Code of the Russian Federation
// Law and Politics.
2015. ¹ 5.
P. 722-728.
URL: https://en.nbpublish.com/library_read_article.php?id=52427
Abstract:
The author conducts a detailed review of the violation of rules of manufacturing and use of the government hallmark amongst crimes of illegal trade of precious metals, natural precious gems and pearls. The article 181 of the Criminal Code of the Russian Federation (CCRF) protects the legal order of hallmark supervision in order to ensure the legal interests of the country and its citizens in the area of trade of jewelry and other objects with precious metals bearing the hallmark. A special attention is given to the fake hallmark and its imprint on jewelry. The law addresses only the acts of forgery of the hallmark as a material object. The author justifies the proposal to exclude the article 181 from the CCRF. The punishment for these acts can be ensured by the Code of the Russian Federation on Administrative Offenses, which establishes the liability for various actions that differ from crimes by the level of public threat.
Keywords:
jewelry, objects, imprint of hallmark, hallmark, precious gems, precious metals, crime, values, trade, examination
Jurisprudence
Reference:
Popov E.A.
Law and sociology: the experience of theoretical and applied cooperation
// Law and Politics.
2015. ¹ 5.
P. 729-733.
URL: https://en.nbpublish.com/library_read_article.php?id=52428
Abstract:
This article is dedicated to the various aspects of participation of sociologists in forensic sociological evaluation. It demonstrates the difficulties and problematic areas in the development of social knowledge as a whole and sociology in particular, able to influence the quality and validity of the forensic analysis within the framework of a specific criminal investigation. The author proposes ways of increasing the level of forensic analysis by involving professional sociologists. A special attention is given to the review of the question of cooperation between sociology and law in the area of theory and practice. The main conclusions of the conducted research are the following: 1) a complex nature of the development of sociology and law proposes generalization of the experience of researchers not only on the theoretical, but also on the applied levels; 2) the key vector of cooperation of sociology and law includes forensic sociological evaluation.
Keywords:
forensic examination, legal system, human, norms, values, sociology, society, law, expertise, problems of Sociology
Jurisprudence
Reference:
Voynikanis E.A.
Conceptual problems within the regulation of intellectual rights: theoretical legal analysis
// Law and Politics.
2015. ¹ 5.
P. 734-738.
URL: https://en.nbpublish.com/library_read_article.php?id=52429
Abstract:
The subject of this research is presented by the description and analysis of the key conceptual issues pertaining to the regulation of intellectual rights. The author examines the most recent scientific achievements of Russian, as well as foreign authors on the issue of comparison between intellectual rights and property rights. Alongside this problem the article explores the questions of correlation of intellectual rights with the notion of “information”, reasonableness of the codification of intellectual property law within the framework of civil code, and inter-industry connections and the place of intellectual rights within the legal system. The conclusion consists in the presence of a complex of fundamental questions on the bases and limitations of the regulation of intellectual rights, to which there is no unambiguous solution within the modern legal science and doctrine. The author believes that there is a lack of industry approach and there is a need for a complex legal theoretical research using the paradigmatic approach.
Keywords:
human rights, Constitutional law, Civil law, Information law, inter-industry connections, codification, property rights, intellectual rights, legal theory, paradigmatic approach
Eng
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