Question at hand
Reference:
Zalivin K.Yu.
Conscientiousness as a condition for the implementation of preemptive rights in obligation relationships.
// Law and Politics.
2016. ¹ 9.
P. 1100-1104.
URL: https://en.nbpublish.com/library_read_article.php?id=52689
Abstract:
The Subject of the study pre-emptive rights in contractual relations, as a pre-emptive right to purchase the share in the common property and first dibs. The focus is on issues of integrity of participants of civil relations subject to pre-emptive right to enter into contractual relations, as well as the analysis of scientific works devoted to the principle of good faith in civil law. On the basis of the conducted analysis the author comes to the conclusion that the implementation of the pre-emptive right of purchase should also be conditional on the criterion of integrity of the holder of the preferential right.Research methods: the method of system analysis, historical-legal, comparative-legal, systemic, structural functional, formal logical, specially-legal, methods of analysis, synthesis, analogy and other methods of scientific cognition.Novelty of research consists in the system analysis of the pre-emptive rights in contractual relations, revealing the difference of approaches of the legislator to definition of conditions for the exercise of preferential rights of purchase and lease in the civil law. The author comes to the conclusion about the necessity to establish the principle of good faith of the right of pre-emption in the common property as a necessary condition for the implementation of this pre-emptive right. In this regard, the author proposes a new wording of paragraph 1 of article 250 of the Civil Code of the Russian Federation.
Keywords:
pre-emptive right, obligation relationship, conscientious behavior, implementation of pre-emptive rights, contract of sale, civil relations, freedom of contract, the principle of equality, share in property, lease contract
Jurisprudence
Reference:
Pautova M.N.
Formation and development of legislation on foreign investments in the fuel and energy complex of the Russian Federation
// Law and Politics.
2016. ¹ 9.
P. 1105-1110.
URL: https://en.nbpublish.com/library_read_article.php?id=52690
Abstract:
The paper investigates the formation and development of legislation on foreign investments in the fuel and energy complex of Russia. Subject articles studied in chronological order, where the focus is on the legal basis of the post-Soviet period of development of legislation in the field of foreign investment in the energy sector. We consider the federal laws "On foreign investments", "On Concession Agreements", "On Production Sharing Agreements", etc.
The paper used for the classical jurisprudence methods. Among them: the formal-logical, comparative legal, abstraction and modeling.
The novelty of the material is to provide a periodization of formation and development of legislation in the field of foreign investment in the energy sector. It provided a new stage in the formation of legislation: the crisis (2008-2016), which is characterized by softening of conditions for foreign investments in the energy sector in order to attract. Indeed, if the previous periods were characterized as softening, and the tightening of conditions for foreign investors - ie, were in different directions, the main trend of modern legislation in the sphere of investments in the energy sector is to mitigate the conditions for foreign investment, which is directly reflected in the legislative reforms of the modern period.
Keywords:
fuel and energy complex, bosom, investment, foreign investment, Russian Federation, legislation, reform, formation, development, oil and gas industry
Jurisprudence
Reference:
Bekishieva S.R.
The category “legal world”: posing a question
// Law and Politics.
2016. ¹ 9.
P. 1111-1116.
URL: https://en.nbpublish.com/library_read_article.php?id=52691
Abstract:
The object of this research is the legal world as a legal category of the highest integrative status, which can be implemented within the framework of the philosophical research for the extensive legal generalizations. The modern legal science suggests various categories of law as the universal, capturing all legal spheres of social life: system of law, legal reality, and legal life. The category “legal world” most often is used in characterization of the aforementioned categories or in examination of historical-legal experience of certain nations and ethnic groups. The multiplicity of the universal legal categories puts the theory of law before the need for a distinct demarcation of the corresponding notions, as well as substantiation of the independent meaning of the category “legal world”. The scientific novelty of this work consists in consideration of the legal world as the category which has an objective and subjective sides of expression, includes all forms of legal being of the society (legal phenomena and positions), as well as reflects the legal processes and represents the results of development of the material and spiritual activity people in the area of law.
Keywords:
being of law, legal generalizations, legal events, legal categories, legal concepts, legal science, world of law, legal world, real world, subjective world
Transformation of legal and political systems
Reference:
Bondarchuk I.V.
The concept and characteristics of public formation in the Ukrainian legislation: the problems of evolution and constitutionalization
// Law and Politics.
2016. ¹ 9.
P. 1117-1122.
URL: https://en.nbpublish.com/library_read_article.php?id=52692
Abstract:
This article discusses the issue of the legislative regulation of the concept and characteristics of public association in the post-Soviet Ukraine. The subject of this research is the legal and actual nature of the concept of “public association”. The author examines the difficulties of the Ukrainian reform in application of some of the European standards of the constitutional law regulation of such institutions of civil society as political parties and public associations. Analysis is conducted on the separate positions of the new Ukrainian law “On Public Associations” of 2012 and their correspondence with the Constitution of Ukraine of 1996. The author substantiates that in the current political legal realities of Ukraine, the administrative approach of the legislator in defining the concept of “public association” is unjustified. The current version of the Ukrainian law “On Associations of Citizens” of 2012 does not correspond with the constitutional thesis on citizens’ right to freedom of formation into political parties and public organizations. Therefore, it is necessary to use the positive experience of application of the norms of the repealed law “On Associations of Citizens” in the legislative practice of Ukraine.
Keywords:
Constitution of Ukraine, constitutionalization, legal regulation, social interests, right to associate, post-Soviet space, civil society, political parties, public associations, freedom of expression
Law and order
Reference:
Polukarov A.V.
Issues and improvements of the practice of assignment of fines for corruption in the social sphere
// Law and Politics.
2016. ¹ 9.
P. 1123-1131.
URL: https://en.nbpublish.com/library_read_article.php?id=52693
Abstract:
The subject of this research is the issues of the legal and organizational nature associated with implementation of fines for corruption crimes in social sphere. The author carefully examines such aspects of the topic as improvements to the practice of application of these measures over the recent years. A conclusion is made that the practice of issuing fines for corruption (including corruption crimes in the social sphere) are always undergoing change, which is closely tied to the constant reforms in the criminal law with regards to corruption crimes. The author’s contribution into the research of this topic is the discovery of the need to improve the practice of assignment of punishments for corruption crimes in form of fines. The author concludes that the systemic application of imprisonment as form of punishment for corruption crimes is not ideal due to various reasons, including economic, the threat of a systematic replace of the unimplemented and most popular method of punishment for such crimes – fines, can become an effective means in the fight against the “uncollectability” of the ladder.
Keywords:
Execution, problem, improvement, criminality, crime, corruption, social, sphere, responsibility, fine
Question at hand
Reference:
Boyarskiy M.
Doping in sports: criminal law assessment of this phenomenon
// Law and Politics.
2016. ¹ 9.
P. 1132-1137.
URL: https://en.nbpublish.com/library_read_article.php?id=52694
Abstract:
This article presents the analysis of one of the most relevant problems in sports law – the problem of fighting doping in sports. A special attention is paid to the capabilities of criminal law as the strictest means used for preventing illegal behavior and punishment of the violators. The author examines the key positions of International Convention against Doping in Sport (2005), which expound the content of the notions “violation of anti-doping rules”, “banned substance”, and others. The author also highlights the directions in which these positions have affected the Polish legislation. Analysis is conducted on the law on prevention of drug abuse (2005), law on sport (2010), and “Pharmaceutical Law” (2001) in the Criminal Code. A brief analysis is given to the procedural aspects of the fight against doping in sports, and a position is substantiated, according to which the disciplinary measures in cases of violation of the anti-doping laws leans on the criminal procedural model. Various types of sanctions applied for violation of technical rules of the sports discipline, and anti-doping laws are also being listed.
Keywords:
Banned substance, Law, Doping, Convention, Responsibility, Sport, Athlete, Pharmacology, Intent, Crime
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Yurtaeva E.A.
The legal base and conditions of the economic cooperation and integration of Belarus, Kazakhstan, and Russia
// Law and Politics.
2016. ¹ 9.
P. 1138-1148.
URL: https://en.nbpublish.com/library_read_article.php?id=52695
Abstract:
The subject of this scientific-empirical analysis is the legal support of the national legislative activity in the Republic of Belarus, Republic of Kazakhstan, and Russian Federation, as well as contemporary experience of preparation of legislative bills used in international organizations. In the interests of research the author determines and substantiates the techniques and methods of the legislative work conducted by the Eurasian Economic Commission for the purposes of using the integrational potential of the member-state of the Eurasian Economic Union and competitive advantages of each of these members acting as the interested partners in the unified customs territory. The author addresses the issues of “supranational” lawmaking, determined the characteristic content properties of the delegation of authority by the states in the interests of efficient use of the integrational potential of the cooperating states, and also examines the possibilities of national legislations of Belarus, Kazakhstan, and Russia on ensuring their participation in the lawmaking activity of the integration unions. The author proposes referring to the experience of the legal and methodological support of the joint activity of the state on formation of law of the intergovernmental union proven within the European Union.
Keywords:
Legal technique, Lawmaking, National legislation, Intergovernmental integration, International lawmaking, Republic of Belarus, Republic of Kazakhstan, Russian Federation, Eurasian Economic Commission, Eurasian Economic Union
JUDICIAL POWER
Reference:
Lichidov A.A.
Claim on recognition of real right as non-existent in disputes on the rights to real estate
// Law and Politics.
2016. ¹ 9.
P. 1149-1154.
URL: https://en.nbpublish.com/library_read_article.php?id=52696
Abstract:
This article examines the problematic issues pertaining to means of defense of civil rights. The author explores the possibility of defense against violation of rights through the means unlisted in the Russian Civil legislation, as well as the practice of their application in arbitration courts. Analysis is conducted on the points of views that exist in legal literature regarding the discussion on applicability of the norms on laches towards the demand for recognition of the right to ownership and claim to recognition absence of the real right. This work raises the issue of the possibility of application of claim to recognize the absence of real right in liability dispute. The author also examines the issue of implementation of the term of laches on claims to recognize the absence of real right, as well as the justification of the possibility to apply this term in a claim. A comparison is made between the declaratory judgment and nugatory claim.
Keywords:
Real estate, Laches, Dispute, Real right, Real action, Claim, Declaratory judgment, Court, Civil law, right
JUDICIAL POWER
Reference:
Brezhnev O.V.
Establishment and research of the factual circumstances at the constitutional legal proceedings: theoretical and practical issues
// Law and Politics.
2016. ¹ 9.
P. 1155-1161.
URL: https://en.nbpublish.com/library_read_article.php?id=52697
Abstract:
The subject of this research is the legal relations, arising in the sphere of constitutional legal proceedings in establishing and researching the factual circumstances of the case. In comparative terms the author shows the amount of the factual circumstances, researched at various stages of the constitutional justice, and reveals the procedural specifics of their establishment, depending on the organizational form of constitutional legal proceedings and features of the concrete power of the Constitutional Court of the Russian Federation. Emphasis is made on the difference between the constitutional legal proceedings in respect to the establishment and research of the factual circumstances and other procedural forms of the judicial power. Based on an analysis of the legislation and judicial practice the author determines an auxiliary and subsidiary role of the factual circumstances in the course of the proceedings, subordinate to the Constitutional Court. Taking into account the prospects of development of justice in Russia the author demonstrates the procedural means for the establishment of these circumstances, highlights the most significant current trends regarding the impact of the need to research the factual circumstances to determine the competence of the body of constitutional control.
Keywords:
justice, powers, norm, constitution, inquiry, legislation, factual circumstances, court, proceedings, process
Public communications
Reference:
Dmitrieva T.N.
National-cultural autonomies – heritage of the institutionalized ethnicity or the factor of group isolation of the migrants? Response to the article by Y. I. Filippova “Multiculturalism as the Policy and Figure of Speech”
// Law and Politics.
2016. ¹ 9.
P. 1162-1168.
URL: https://en.nbpublish.com/library_read_article.php?id=52698
Abstract:
The subject of this research is the phenomenon of the national-cultural autonomy. The object of this research is defined by the role of the national-cultural autonomy in the process of adaptation and integration of migrants. Presentation of the national-cultural autonomy as the actor of integrational policy initiates a discussion within the expert society on the possible risks of cultivation of ethnic differences and enclavisation of the migrant communities. The article compares the theoretical conclusions of Y. O Filippova to the results acquired during the course of empirical research of the author of this work and other experts. The dialectical approach towards the research allowed studying the institute of national-cultural autonomy considering its qualitative change in the context of contrariety of the political processes. The national-cultural autonomy is being viewed as the result of search of the balance between the multi-vectoral trends with regards to the national problem in the specific historical period. The conclusion is made on the improvement of the legal grounds of the national-cultural autonomy on the background of the changes in the political situation of the country. The author examines the socioeconomic resource of the national-cultural unions in the context of consolidation of the migrants. The author also notes the failure of the attempt at universality of the national-cultural autonomy pertaining to the realization of the right of ethnic group upon the cultural-national autonomy.
Keywords:
ethno-cultural component of education, actors of the integrational policy, migrant communities, group isolation, adaptation of migrants, migrant workers, institutionalization of ethnicity, cultural-national autonomy, Kyrgyztown, national unions
Conflict: tools of stabilization
Reference:
Nunuev S.M.
The influence of the Islamic traditions upon provision of interconfessional peace in the Russian Federation
// Law and Politics.
2016. ¹ 9.
P. 1169-1176.
URL: https://en.nbpublish.com/library_read_article.php?id=52699
Abstract:
The goal of this research is to determine the influence of Islamic traditions upon the provision of interconfessional peace in the post-Soviet Russia. The object of this research is the traditions of the Islamic civilization in its Russian variant. The author carefully examines such aspects of the topic as the essence of civilization, specificity and science of Islamic civilization in the political legal dimension, norms of Quran and Islamic law, as well as reformation interpretations of the traditions of peace and tolerance in Islam. A special attention is given to the traditional values and institutions of Islam, as well as methods of activity of the Islamic religious organizations in Russia. The author comes to the following conclusions: interpretation of civilization as the sociocultural macrosystem of a high level, which differ from one another by criteria of worldview; determination of the traditions of peace and confessional tolerance in Quran and Muslim legislation. The author’s contribution into this topic consists in the refutation of the stereotype of the homogeneity and archaic nature of the social doctrine of Islam. The scientific novelty of this research consists in the revelation of the potential of the confessional tolerance, as well as the risks of intolerance in the public opinion of the Russian Muslims.
Keywords:
traditional islamic institutions, Islamic law, Quran, Russian Federation, interconfessional peace, influence, traditions, Islamic civilization, peacekeeping methods, public opinion
Human and state
Reference:
Vlasenko A.A.
Political aspects of the social responsibility of businesses
// Law and Politics.
2016. ¹ 9.
P. 1177-1182.
URL: https://en.nbpublish.com/library_read_article.php?id=52700
Abstract:
The subject of this research is the state regulation of the process of formation of the social responsibility of businesses in Russia. A special attention is given to the social responsibility of businesses and state regulation of this phenomenon as a political aspect in the process of historical development of economic activity. In author’s opinion, the current stage of development is characterized by the possibility of emergence of a new, humanistic economy, the fundamental origin of which is namely the social responsibility of businesses. In turn, the government should hold the leading role in development of this phenomenon, while the companies that are mindful of constantly changing goals and values of the society and caring about the environment and holding to the principles of corporate social responsibility, deserve a system of rewards and benefits. The author’s contribution into the research of this topic lies in the analysis of the acquired data that is based on the results of a conducted survey of experts consisting of state officials and entrepreneurs. This work examines some political aspects of cooperation between the state and business in the area of social responsibility, which lead to internal consolidation of society, and as a result, improve the quality of life of the population.
Keywords:
economic activity, humanistic economy, political aspects, state procurements, Corporate Social Responsibility, social responsibility, government regulation, society, business, state
Human and state
Reference:
Petrenko O.V.
Modern models of constitutional law regulation of the human right to development
// Law and Politics.
2016. ¹ 9.
P. 1183-1191.
URL: https://en.nbpublish.com/library_read_article.php?id=52701
Abstract:
This article is dedicated to the analysis of the constitutional law regulation of the human right to development in various countries of the world. Based on the research of a significant number of constitutional norms, the author determines the content and peculiarities of the human right to development, as well as the specificity of the constitutional law provisions on this right. The author examines constitutional norms dedicated to development as comprehensive economic, social, cultural, and political process, human rights, participation in development and fair distribution of its benefits, equality of opportunity, increase of wealth of the population, and other elements of support of the human right to development. The author concludes that there are two models of constitutional law regulations of the human right to development: direct, and that mediated in the norms of the Constitution. Despite the fact that direct support of the human right to development in the texts of the Constitutions is an optimal way of ensuring its realization, further development of the constitutional law regulation of the right to development via expansion of the number of separate constitutional elements supporting the right to development can be just as effective.
Keywords:
economic development, social justice, constitution, equal opportunity, development, Human rights, Right to development, sustainable development, fair distribution of benefits, legal regulation
Practical law manual
Reference:
Dyukov A.S.
The point of the loss of possession for the purpose of calculating the time in vindication
// Law and Politics.
2016. ¹ 9.
P. 1192-1196.
URL: https://en.nbpublish.com/library_read_article.php?id=52702
Abstract:
The subject of this research is the study of relations in petitory action of the non-owner possessor and non-possessing owner on vindication. The object of this research is the analysis of the approach of the law enforcement in determining the moment of the loss of possession. The author gives particular attention to the overview and analysis of the court arbitral practice on the object of research of this article. In the course of this research the author determined the existing need in generalization and formulation of a unified position in the issue of qualification of the loss of possession. The relevance of this work is substantiated by how the lack of the conceptual apparatus of legal possession, established by the norms of positive law, was compensated in practice. The author analyzes the court decisions, establishing unity of the bases for motives prompting the courts to render one or another decision. A comparison is made of the positions that determine the presence of established collision in the view of law enforcement.
Keywords:
Bona fide possessor, Estate protection, Immovable objects, Loss of possession, Petitory action, Possession, Vindication, Statute of limitation, Possessory action, Right to ownership
Legal and political thought
Reference:
Kembaev Zh.M.
Political law views of the ideologists of the Third Reich regarding unification of Europe
// Law and Politics.
2016. ¹ 9.
P. 1197-1203.
URL: https://en.nbpublish.com/library_read_article.php?id=52703
Abstract:
The subject of this research is the views of the ideologists of the Third Reich such as Hitler, Rosenberg, Himmler, Goebbels, and Ganzer regarding unification of Europe. A claim is made that at the basis of the views of Nazi ideologists lied the socio-Darwinistic understanding of human development as a constant struggle for existence of individuals, as well as nations and states, where the winner, and thus the one who has the right to live, is the fittest. The author substantiates that Nazi ideologists rejected the equality of men, nations, and states, and even the very possibility of their harmonious coexistence. The conducted researched allowed making the following conclusions: 1) the political law views of the ideologists of the third Reich regarding unification of Europe are characterized by the rather aggressive form of national self-establishment, based on the idea of national exceptionality and supremacy; 2) these views rejected humanism and value of human individuality; 3) they rejected equality of people and various nations, and thus the equality of states; 4) they led to the “annihilation war” and put existence of humanity at risk.
Keywords:
Unification of Europe, Ganzer, Himmler, Goebbels, Rosenberg, fascism, Hitler, Germany, Kant, World War II
Legal and political thought
Reference:
Sushkova Yu.N.
State and Legal Views and Human Rights Protection Activities of Leo Tolstoy
// Law and Politics.
2016. ¹ 9.
P. 1204-1219.
URL: https://en.nbpublish.com/library_read_article.php?id=52704
Abstract:
Leo Tolstoy is famous not only as a writer, but also as a public figure who has made a significant contribution to the development of original political and legal ideas about the law, the system of public administration, international relations, education and other important spheres of life. The subject of the study includes the analysis of the main state-legal ideas of Tolstoy, as well as his life path associated with direct participation in the political and legal processes. In the context of the protection of human rights, Tolstoy actively represented the interests of Russian Doukhobors who were forced to emigrate in the late XIX and early XX centuries from Russia to Canada. Many of the episodes in Tolstoy's literary works written according to the materials of the real judicial cases, which demonstrated the shortcomings of the justice system and the state legal system as a whole. The most important ideological concept of Tolstoy is pacifism, the rejection of military action in favor of diplomatic and peaceful conflict resolution. Tolstoy paid great attention to the analysis of social structure of the Russian village, customary law of the peasants and their relationship with the public authorities. Political and legal views of Tolstoy have become a unique source of knowledge and approaches to improve the modern model of the Russian legal system, to overcome such issues as the legal nihilism, corruption, and bureaucracy. His literary legacy contains profound philosophical, methodological, and fundamental ideas about the nature of life, purpose of man, the role of religion, civil and state institutions, which could be regarded as “eternal themes”, constantly attracting the interest of many generations in search of true values and constants of life. Analysis of the most important aspects of the topic were based on historical, formal-legal, comparative legal methods of scientific research.
Keywords:
state and legal views, Doukhobors, pacifism, human rights protection, human rights, Tolstoy studies, Lev Nikolaevich Tolstoy, antistatesman, people, judicial reform
Discussion forum
Reference:
Borodach M.V.
Logical basis for interpretation of the constitutional principle of recognition and equal protection of various forms of property
// Law and Politics.
2016. ¹ 9.
P. 1220-1227.
URL: https://en.nbpublish.com/library_read_article.php?id=52705
Abstract:
This work contains the results of the author’s analysis of the issues pertaining to clarification and interpretation of the constitutional position on recognition and equal protection of various forms of ownership in the Russian Federation. Based on the research and comparison of the norms of the current Russian legislation on this matter and the experience of its implementation, as well as various scientific views, the author makes the conclusion that the content of the analyzed norm of the Russian Constitution cannot signify equality of all forms of ownership in the Russian Federation, since regulatory designation of this Constitutional imperative is immeasurably broader. The author defends the opinion that outside such logic any discussion of equality of recognition of various forms of ownership same as of equally applicable basis for legitimization, including the protection from infringement, will not have the proper empirical confirmation and will thus inevitably become theoretical.
Keywords:
private interests, public interests, legalization, legitimation, legal defense, recognition, ownership, public property, axiological dominants, society