Theory
Reference:
Bakharev D.V.
Spatial thinking in criminology. Part I. Theoretical prerequisites and methodological basis for application of methods of spatial analysis in cognition of the mechanism of determination of crime
// Law and Politics.
2016. ¹ 3.
P. 306-312.
URL: https://en.nbpublish.com/library_read_article.php?id=52597
Abstract:
The object of this research is the capabilities and prospects of using the achievements of spatial science in criminological research. The subject of this research is the theoretical prerequisites and methodological basis for application of methods of spatial analysis in cognition of the mechanismof determination of crime. The author raises the question on the importance of formation within the modern researcher of regularities of formation of territorial differences in the indexes of crime of a specific spatial or geographic thinking. It allows grasping the regularities of the functionality of a particular social system within the spatial aspect, which in turn can be “layered” onto already known regularities of formation of the territorial differences in crime and as a result, expand the understanding of the mechanism of determination of crime overall. The scientific novelty of this research consists in the analysis of the theoretical prerequisites and development of methodological basis for spatial analysis of the socioeconomic events and processes, including crime. Spatial analysis is being positioned as an autonomous, narrower direction of scientific research within the framework of geography of crime, which in turn represents one of the sections of criminological theory of determination, studying the causal complex of criminality in the theoretical aspect.
Keywords:
Mechanism of determination of crime, Causes of crime, Spatial science, Spatial thinking, Spatial analysis, Geography of crime, Territorial differences in crime, Territorial socioeconomic systems, Modelling, Systemic approach
Law and order
Reference:
Kostogryzov P.I.
Society and state in the fight against crime: Latin American experience
// Law and Politics.
2016. ¹ 3.
P. 313-320.
URL: https://en.nbpublish.com/library_read_article.php?id=52598
Abstract:
Latin America remains one of the most criminalized regions of the world. At the same time, the states of the regions possess a vast experience in successfully counteracting crime. The subject of this research is the work of the public institutions of the Latin American countries on control over crime. On the examples of Guatemala, Columbia, and Peru the author analyzes the experience of the fight of the Latin American society against crime in the conditions of weakness of the law enforcement apparatus of the respective countries. This work explores the approaches of the Latin American authorities towards public institutions of crime prevention and demonstrates the evolution of these approaches towards the end of the XX and beginning of the XXI centuries. The author elucidates the various forms of answers of the civil society towards the challenges related to domestic armed conflicts and growth in crime. The author makes conclusions on the importance of the social organization in the condition of the weakness of state institutions; on the fact that the optimal form of such organizations is communities; on the need of state to rely on public strength for conducting a successful criminal law policy.
Keywords:
Criminal law policy, Ensuring order, Crime counteraction, Fight against crime, Society and state, Community, Communal justice, Legal pluralism, Latin America, Domestic armed conflict, penal politics, law enforcement, crime counteraction, fighting crime, state and society, community, community justice, legal pluralism, Latin America, internal armed conflict
Law and order
Reference:
Andriyanov R.V.
Criminal law responsibility for escape from correctional facilities under the legislation of foreign countries
// Law and Politics.
2016. ¹ 3.
P. 321-325.
URL: https://en.nbpublish.com/library_read_article.php?id=52599
Abstract:
The object of this research is the public relation in the area of correctional facilities and detention centers on prevention of escapes. The subject of this research is the criminal legal norms that regulate public relations forming in the process of escape prevention from correctional facilities. For the purpose of optimization of the Russian legislation in the corresponding area, it seems necessary to examine the foreign experience in the criminal law regulation of the notion of crime and its public danger related to escape and criminal responsibility for escape. The author examines the aspects of holding individuals criminally responsible for escape or aiding and abetting an escapee whether on the part of correctional officers or other individuals. This research is based on the comparative analysis of foreign legislation from the perspective of the stance on public safety. The legislators and criminal law doctrine of foreign countries overall acknowledge the categories of “public harm” and “public danger” of crime, but at the same time, there is not a single opinion on the form of their reflection in the criminal legislation.
Keywords:
Public harm, Complicity in a crime, Public danger, Foreign legislation, Responsibility of employees, Criminal responsibility, Detention centers, Correctional centers, Escape, Punishment avoidance, partnership in a crime, public danger, legislation of foreign countries, responsibility of employees, criminal liability, imprisonment places, correctional facility, escape, public harm, evasion from punishment
Authority and management
Reference:
Manoylo A.V.
Models of political decision-making in the Russian Federation: the evolution of management paradigms
// Law and Politics.
2016. ¹ 3.
P. 326-329.
URL: https://en.nbpublish.com/library_read_article.php?id=52600
Abstract:
This article reveals the evolutionary process of the formation of patterns of development and political decision-making in the Russian Federation on the national state level. The author notes that during the recent history of Russia (since the founding of the Russian Federation in 1991) in the country has consistently had three models of development and management decision-making: a polycentric, vertically centralized and combined (currently in force).The methodological basis of the research is a systemic, structural and functional, comparative political approaches, methods of analysis, synthesis, induction, deduction, observation.Each of the article patterns of development and political decision-making (polycentric, vertically centralized and combined) corresponds to the socio-political formation of the Russian state at certain stages of its development and gave way to the next model influenced by fundamental changes in the political life of Russian society, which entailed a substantial change in the political system and the political regime in Russia. Together, all three models are the stages of the same evolutionary process, which allows extrapolation to predict the changes that await action today in the Russian Federation combined model of development and political decision-making in the future.
Keywords:
Security, State, Interests, Political regime, Sociopolitical processes, Alliance, World politics, Russia, Political system, Risks
Authority and management
Reference:
Avdeev D.A., Kuvshinov A.M.
On optimization of the work of the head of the subject of Russian Federation (Russian and German experience)
// Law and Politics.
2016. ¹ 3.
P. 330-340.
URL: https://en.nbpublish.com/library_read_article.php?id=52601
Abstract:
This article analyzes the legal status of the highest official of a subject of Russian Federation. The authors explore the Russian and German experience in the constitutional law regulation of this institution. A comparative analysis is conducted on various aspects of the work of the highest official in the Russian Federation and the Federative Republic of Germany: order of its formation, competence, foundation of its relations with regional parliament, share of its participation in the work of the federal branches of the government, as well as the basis for termination of the authority of a head of the subject of the federation. The research highlights the common features and national peculiarities of this institution within Russian Federation and the Federative Republic of Germany (on the example of specific federal subjects). The conducted allowed the authors to come to a conclusion that the Federal Law from October 6, 1999 No. 184-FZ “On the General Principles of Organization of the Legislative (Representative) and Executive Branches of Government Authority of the Subjects of Russian Federation” simultaneously establishes two mutually excluding legal models of work organizations of the highest official of the subject of federation, based on the concepts of decentralized and centralized type of public administration.
Keywords:
highest official, head of government, Minister-President, head of subject, constitutional legal status, governor, government executive bodies of federative subject, federal constituent, Germany, federal land
International alliances
Reference:
Kurbanov R.A.
Intergovernmental Authority on Development as an integration organization of the East African region
// Law and Politics.
2016. ¹ 3.
P. 341-360.
URL: https://en.nbpublish.com/library_read_article.php?id=52602
Abstract:
Integration processes at present stage of development has swept entire world. African continent is not an exception; there is a significant number of regional organizations, many of which have existed for decades, and African states are often members of several organizations. This article is devoted to the Intergovernmental Authority on Development and the history of its creation; functioning; institutional framework; regulations developed within it; and the impact that it has upon national law of member-states of the organization. Special attention is given to the integration role that can be played by this organization. The article explores specific projects undertaken within the framework of cooperation of the member-states on the platform of this organization. IGAD is still at the level of coordination and harmonization among the member-states and has yet to reach the stage of integration in the form of, for example, a free trade zone. The author also emphasizes the complexity of the work of the organization associated with the duplication of projects in the region due to the overlapping duties of the two regional organizations of IGAD and COMESA.
Keywords:
Member-state, international treaties, international obligations, integration, East Africa, national law, regional law, International law, regionalization, cooperation
International security systems
Reference:
Nikitina I.E.
Institutional and legal significance of the involvement of forensic database and criminal records in the system of cooperation European Union member-states in criminal cases
// Law and Politics.
2016. ¹ 3.
P. 361-372.
URL: https://en.nbpublish.com/library_read_article.php?id=52603
Abstract:
This work discloses institutional and legal significance of the involvement of forensic database and criminal record in the system of cooperation European Union member states in criminal cases. Analyzes the process of creating an information system automated exchange of criminal information, principles, foundation and entities, and institutional mechanism to ensure the implementation of the Treaty of Prum. Providing an interstate process of exchange criminal information, to promote the positive and minimize the negative effects of storage and transmission of personal information. Using the dialectical method, as well as the traditional importance of comparative legal methods of studying legislation to implement the fight against crime, this work presents an evaluation of the strengths and weaknesses of Treaty of Prum. Since the Treaty of Prum entry into force the process forward harmonization of legislation for the protection of human rights and freedoms was further developed. Conclusions of this work may be useful to law enforcement authorities in the detection and investigation of cross-border crimes.
Keywords:
System of international security, Information security, Criminal database, Cooperation, Treaty of Prum, Protection of personal data, Criminal information, Automated exchange, Unification of legislation, Criminal investigation, international security system, information security, forensic database, cooperation, The Treaty of Prum, protection of personal data, criminal records, automated exchange, harmonization of legislation, investigation of crimes
XXI century International law
Reference:
Lemyaskina N.E.
Possible ways of reforming the Appellate Body of the World Trade Organization
// Law and Politics.
2016. ¹ 3.
P. 373-379.
URL: https://en.nbpublish.com/library_read_article.php?id=52604
Abstract:
Based on the results of the 20-year work of the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) it became evident that the current order of formation of the Appellate Body of the WTO does not allow the DSB of the WTO to examine the incoming complaints within a set amount of time. In this article, the author carefully examines such issues as the main problems within the work, and the need for reforms in the current mechanism of the functionality of the Appellate Body of the WTO, which is called to improve the efficiency of the work of the DSB of the WTO. An analysis is conducted on various proposals expressed by the member-states, with highlights of their main concerns related to possible changes. The main result of the conducted analysis is the conclusion that the current system of dispute settlements in the WTO needs an immediate step-by-step reform. The initial measure can be the increase of the body of members of the Appellate Body of the WTO. Such measure would be capable of improving the process of addressing the complaints and expand the throughput of the DSB of the WTO.
Keywords:
World Trade Organization, DSB of the WTO, WTO Appellate Body, WTO arbitration panels, International trade disputes, DSB reform, Mechanism of dispute settlement, System of dispute settlement, GATT, WTO member-states
JUDICIAL POWER
Reference:
Baryshev E.O.
The case of «Furman v. Georgia» and its influence on the advancement of the institution of the death penalty in the USA.
// Law and Politics.
2016. ¹ 3.
P. 380-387.
URL: https://en.nbpublish.com/library_read_article.php?id=52605
Abstract:
The subject of this research is a review of the legal aspects of cases of «Furman v. Georgia», «Gregg v. Georgia» and other significant cases having influenced the development of the institution of the death penalty in the United States of America in the second half of the XX century. The author elaborates the history of the case of «Furman v. Georgia», discusses social and legal prerequisites for the imposition of a moratorium on the death penalty in 1972 and its abolition in 1976. A special attention is paid to the analysis of positions of judges of the Supreme Court of the United States and post-Furman trends. The main methods of the research are formal-legal and comparative-legal. The work is based on the analysis of the key cases of the Supreme Court of the United States. Significant emphasis is given to consideration of the evolution of the issue by using the historical method. The main conclusions of the research are the following: 1) the introduction of a temporary moratorium on the death penalty in the USA was a necessary stage in the legal evolution; 2) the pause was necessary for the reforming of criminal procedure legislation, solving urgent socio-legal problems connected with the death penalty. The novelty of this research consists of the fact that previously in Russian literature the issue of imposition and subsequent abolition of the moratorium on the death penalty in the United States has not been studied comprehensively. The author concludes that it is unlikely that in the future the question of the constitutionality of the death penalty in the US will come under the question, as there is a trend of improvement of legal procedure was set in the second half of the XXth century.
Keywords:
Furman v. Georgia, Miranda warning, Amendments to Constitution, U. S. Constitution, U. S. Supreme Court, Moratorium, Verdict, Death penalty, The United State of America, Gregg v. Georgia, Gregg v. Georgia, Furman v. Georgia, Miranda Warning, Amendments to Constitution, United States Constitution, Supreme Court, Moratorium, Sentence, Capital punishment, The United States
Public communications
Reference:
Ul'danov A.A.
Protest public as a source of civic initiatives: on the example of mass protests in Russia 2011-2012
// Law and Politics.
2016. ¹ 3.
P. 388-396.
URL: https://en.nbpublish.com/library_read_article.php?id=52606
Abstract:
The subject of this research is the phenomenon of protest public in the context of its effect the establishment of public civic initiatives in Russia. In the modern society, one of the causes for public gathering is protest. It is the correlation between public gathering and protest activity, with emergence of public civic initiatives within it that becomes the object of author’s research. On the example of mass protests in Russia during 2011 and 2012, the author makes an attempt to characterize Russia’s protest public and determine the level of its effect upon the formation of new or support of the old civic initiatives. The methodological base for this work consisted of neo-institutional approach, and systemic analysis of the theoretical sources. Empirical foundation for this research is built on the data from social polling and materials of applied research on the protests of 2011-2012. Emergence of the public allowed realizing the attempt for basic request of solution to pressing issues. Despite the certain level of the diversity in its participants and inconsistency of this public, we can still underline the important result of its actions – civic initiatives that have formed within the protest public, which allowed to partially get around the closed nature of Russia’s political system. The author comes to a conclusion that in the conditions of lack of channels for influencing policy, realization of alternate initiatives that are formulated based on the realistic request of the citizens, rather than the will of the branches of government, remains one of a few mechanisms of public politics within the country.
Keywords:
Public policy, Civil society, Civic initiatives, Protest public, Democracy, Civic participation, Protests, Policy, State, Values, Public policy, Civil society, Civic initiatives, Protest public, Democracy, Civic participation, Protests, Policy, State, Values
Human and state
Reference:
Mantulina O.O.
Alimony for disabled and adult dependence in need
// Law and Politics.
2016. ¹ 3.
P. 397-402.
URL: https://en.nbpublish.com/library_read_article.php?id=52607
Abstract:
This article explores the issues of alimony for adult disabled children in need from the comparative legal perspective. In the comparative key the author examines the subject composition of parties, as well as conditions for provision of alimony (disability, need). This work considers the normative material and legal precedent of various legal families on the example of such states and state constructs as Germany, Russia, France, California (U. S.), Morocco, and Algeria. The author highlights the regularities of the institution of alimony that is common for all countries, as well as the specificity of each of them. The alimony institution for disabled adult dependence in need carries a different specificity in different legal families. These peculiarities pertain to both, the subject composition of alimony obligations, and the conditions under which the alimony payer and alimony recipient acquire mutual rights and responsibilities within the framework of alimony obligations. The author makes the recommendations for improving the Russian legislation in light of the examples of the foreign law.
Keywords:
alimony conditions, parties to legal relations, adult children, invalids, disabled, alimony, Family Law, need, sufficiency of funds, alimony payer
History of state and law
Reference:
Nikitin V.V.
The contract for general construction work in the Russian legislation: history and present
// Law and Politics.
2016. ¹ 3.
P. 403-409.
URL: https://en.nbpublish.com/library_read_article.php?id=52608
Abstract:
This article explores the establishment and development of Russian legislation in the area of regulation of execution and fulfillment of contracts for general construction. In examination of this issue, the article covers the entire period of Russian history of law to present time. The main accent is made on the Soviet and post-Soviet periods from the point of origin of the notion of construction contract in the Soviet legal system. The work presents the analysis of the peculiarities of the legal aspect of the concept of general construction, as well as the legislative foundations and bylaws during the Soviet and post-Soviet periods. The article presents the specific aspects of regulation of construction contracts in the pre-revolutionary and Soviet legislations, as well as gaps and collisions in the current legislation. The author formulates an original position on the issue of development and passing of the special legislative bill on general construction, and makes conclusions and recommendations of further legislative development pertaining to request for construction and request of quotes for construction work.
Keywords:
construction, general construction, contract, subcontracting, agreement, legislation, Soviet law, history of law, civil law, quote request
History of state and law
Reference:
Khalifaeva A.K., Goov I.M.
The ratio of customary law with Shariah and law of the Russian Empire on the territory of the North Caucasus: a theoretical and historical analysis
// Law and Politics.
2016. ¹ 3.
P. 410-418.
URL: https://en.nbpublish.com/library_read_article.php?id=52609
Abstract:
This article explores the correlation between customary law with Sharia and law of the Russian Empire on the territory of the North Caucasus. The object of this research is the three main elements - local customs (Adat), state law, and Sharia. The author carefully examines such aspects as the correlation between customary law and Sharia law, and then the symbiosis of the early sources of the Russian positive law. The work provides comparative examples of various Caucasian ethnicities. Special attention is given to the distinction between industries and institutions of law, between Adat and Islamic law. The research methodology selected traditional formational and civilizational approaches. The main findings of the study are: when establishing an overall Federal policy towards Muslim and traditional law in the territory of the North Caucasus, the legacy of legal pluralism of the XIX-XX centuries should be taken into account, but not as an example for orientation in form of a cliché, but to account for this phenomenon as a historical experience.
Keywords:
North Caucasus, Customary law, Sharia Law, Law of the Russian Empire, Adat court, Qadi, Jamia, Sharia Court, Imam Shamil, Mansur, North Caucasus, customary law, sharia, the law of the Russian Empire, adamski court, kadi, jamaat, shariah court, imam Shamil, Mansur
Practical law manual
Reference:
Krasnova T.V.
Agreements of the parents, spouses and other family members in mediation and family law: proposals for improving the legislation.
// Law and Politics.
2016. ¹ 3.
P. 419-425.
URL: https://en.nbpublish.com/library_read_article.php?id=52610
Abstract:
The article is devoted to the analysis of the nature of mediation agreements as a result of conflict resolution between parents, spouses and other family members. The author studied the relationship between these agreements, and agreements concluded between the same subjects in accordance with the requirements of family law. A conclusion is made on the validity of agreements between parties in family legal conflict in mediation. It is revealed that in some cases mediation agreements with observance of all norms of the legislation on mediation will be negligible from the perspective of family law. The paper used General scientific (analysis and synthesis, abstraction and specification) and private-scientific methods of research (formal-legal, technical-legal). It is argued that depending on the terms of mediation agreements, for the specified legal consequences should comply with the requirements provided for family and legal agreements with the same content. The author takes into account the difference in purpose of the two types of studied agreements and preclude their identification. To resolve the resulting conflict, the author offers a new approach to understanding the nature of mediation agreements. This approach ensures the logical completion of the settlement of family legal dispute, but excludes the change in family relationships without concluding a family law agreement. To determine the list of necessary family and legal agreements, the author provides classification of family legal conflicts, and identifies all types of conflicts arising from a family relationship that are subject to legislation on mediation. According to the author, the proposed theoretical developments will be significant in creating legal rules in the field of methodical ensuring activities of mediators.
Keywords:
Parental agreement, Spousal agreement, Family mediation, Mediated agreement, Agreement, Family legal relations, Family law conflict, Mediation, Family agreement, Family law