Law and order
Reference:
Abaturov A.I.
Administrative Oversight Over Released Prisoners in Legislation of Some CIS Countries and Russia
// Legal Studies.
2012. № 2.
P. 1-24.
DOI: 10.7256/2305-9699.2012.2.98 URL: https://en.nbpublish.com/library_read_article.php?id=98
Abstract:
The article is devoted to the topical issues of minimization of criminal recidivism by means of the institution of administrative oversight over released prisoners. The author conducts a comparative analysis of legal provisions and laws regulating post-penitentiary control in Russia and CIS countries such as Byelorussia, Uzbekistan, Ukraine and Kazakstan. The author discusses different points of view on this matter and shares his own opinion.
Keywords:
post-penitentiary control, recidivism, police, penal institutions, administrative supervision, CIS countries, court, supervised person, criminal responsibility, administrative responsibility
Authority and management
Reference:
Usmanova R.M.
Political Traditions and Political Standards: Their Role in Public Regulation of Social Relations
// Legal Studies.
2012. № 2.
P. 25-48.
DOI: 10.7256/2305-9699.2012.2.139 URL: https://en.nbpublish.com/library_read_article.php?id=139
Abstract:
The author of the article analyzes the place of political traditions and political standards in regulation of social relations. The author describes how political traditions influence the organization of municipal authority. To the author's opinion, political standards are meant to regulate relations between different subjects of the political system and to ensure the continuity and relative stability of the Russian society's political system.
Keywords:
social regulation, tradition, political tradition, political standards, local self-government, President's Letter, doctrines, conceptions
Judiciary reform
Reference:
Eseva E.Y.
Guarantees of impartiality of the Russian court.
// Legal Studies.
2012. № 2.
P. 49-61.
DOI: 10.7256/2305-9699.2012.2.94 URL: https://en.nbpublish.com/library_read_article.php?id=94
Abstract:
The article is devoted to the problem of implementation of the right of parties to challenge to remove the trial judge in a civil judicial proceedings. The modern Russian legislation in the sphere of implementation of the rights of citizens to judicial protection of their rights and freedoms, and the right to a fair and impartial trial was analyzed by the author. The institution of disqualification of a judge considered from the perspective of a functional vector, not as a formal standard, but rather as legal means for the proper and timely consideration and resolution of civil cases. The author is discussing irrationality and inefficiency of the institution in the modern civil procedure, and the need to amend legislation on the basis of universally recognized principles of international law.
Keywords:
civil process, challenge to remove a judge, grounds for removal of a judge, the Roman law, objective, fair, impartial, collegiate body
Public communications
Reference:
Zaitsev A.V.
The New Аgora: civil dialogue in the European Union.
// Legal Studies.
2012. № 2.
P. 62-89.
DOI: 10.7256/2305-9699.2012.2.123 URL: https://en.nbpublish.com/library_read_article.php?id=123
Abstract:
This article describes the establishment of institutional structured civil dialogue between the EU institutions and civil society at the European, national and local levels. This process is seen as part of the legimization of the emerging political system of the EU under the Lisbon Treaty. The process of institutionalization of civil dialogue in the EU is compared with the process of dialogization of the interaction between state and civil society in modern Russia.
Keywords:
state, civil law, institutionalization, dialogue, interaction
Anthropology of law
Reference:
Gulyaikhin V.N.
The structural and functional features of various conditions of human legal consciousness.
// Legal Studies.
2012. № 2.
P. 90-116.
DOI: 10.7256/2305-9699.2012.2.153 URL: https://en.nbpublish.com/library_read_article.php?id=153
Abstract:
The article is devoted to the main structural and functional features of legal consciousness of person. The various conditions of legal consciousnes, allowing a subject to implement his existential needs in a constructive form, are considered by the author. The author concludes that these conditions of legal consciousness are the main stages of personal legal development and they may be presented as the parts of Hegel’s triad (thesis - antithesis - synthesis).
Keywords:
legal conscience, law, norm, legal unconscious , legal values, altered state, legal culture, legal socialization
History of state and law
Reference:
Kodan S.V.
The Estate Legislation in the Policy of the Russian Supreme Government (1800 - 1850's)
// Legal Studies.
2012. № 2.
P. 117-145.
DOI: 10.7256/2305-9699.2012.2.152 URL: https://en.nbpublish.com/library_read_article.php?id=152
Abstract:
Important elements of the Russian government related to state organization and social management, s.s. form of government, state and law structure and state regime, were legally fixed in the first half of XIX century. Legal fixation of the place and role of the subject in estate stratification of the Russian society was used as the main tool of implementation of a political regime and social management in the Russian empire. The author of the article describes the role and meaning of estate stratification of a society in social management of the Russian empire. The author studies the political and legal context of the problem and shows the legal nature of estates as well as systematizatoin of estate legislation as a part of the Code of Laws of the Russian Empire. The author also analyzes the Code of Laws on Conditions of 1832-1857 in terms of the fundamental principles of the legal status of the main groups of estates.
Keywords:
law history, social structure, organization of government, form of government, state regime, estates, conditions, estate legislation, code of laws, estate law
Practical law manual
Reference:
Yarovenko V.V.
Issues of Application of Special Knowledge to Inspecting Various Kinds of Firearms and Ammunication
// Legal Studies.
2012. № 2.
P. 146-163.
DOI: 10.7256/2305-9699.2012.2.165 URL: https://en.nbpublish.com/library_read_article.php?id=165
Abstract:
The article is devoted to the analysis of application of special knowledge to inspecting various kinds of firearms and ammunication. The study allowed to define the most typical mistakes made by investigators when discovering, forfeiting weapons and conducting ballistics tests. The author suggests to make a number of amendments to the current criminal procedure legislation.
Keywords:
special knowledge, judicial ballistics, expertise, procedural law, investigator, specialist, expert, expert's conclusion, objects of expertise, demonstrative evidence
Eng
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