State institutions and legal systems
Reference:
Schepachev, V.A.
Municipal bodies and unions of municipal bodies, as
subjects of law of legislative initiative.
// Law and Politics.
2012. ¹ 12.
P. 1956-1959.
URL: https://en.nbpublish.com/library_read_article.php?id=51871
Abstract:
The article is devoted to the law of legislative initiative as an
independent legal institution and its role in the activities of
the municipal bodies. The author analyzes the options for the
direct and indirect participation of the municipal bodies and
their associations in the legislative process. The answer to the
question on the value of this direction of municipal activity is
key to this article.
Keywords:
jurisprudence, law-making, legislation, initiative, bodies, local, self-government, associations, municipal, formations.
State institutions and legal systems
Reference:
Antonova, E.V.
Legal regulation of domestic control in the Russian
Federation.
// Law and Politics.
2012. ¹ 12.
P. 1960-1964.
URL: https://en.nbpublish.com/library_read_article.php?id=51872
Abstract:
The article is devoted to the issues of legal regulation of
domestic control in the Russian Federation. The author defines
the term “domestic control” in its legal and economic aspects
based on the analysis of its goals, functions, organizational
bases, correlation and differences with the outer control. Then
the author comes to the conclusion that domestic control has
two interrelated functions, that is private law and public law
functions. The author also analyzes the constitutional bases
as well as the international regulation, including the Limoges
Declaration. Then the author analyzes the laws and by-laws
of the Russian Federation on organization and implementation
of domestic control. It is pointed out that there is no clarity
in legal regulation in this sphere, therefore, there is need to
pass a Federal Law on this issue in the Russian Federation.
Keywords:
jurisprudence, control, functions, organization, analysis, efficiency, property, interest, reporting, activity.
Authority and management
Reference:
Babushkin, R.V.
Etatism as a functional paradigm of the activities of the
state bodies in the modern Russia.
// Law and Politics.
2012. ¹ 12.
P. 1965-1971.
URL: https://en.nbpublish.com/library_read_article.php?id=51873
Abstract:
The article is devoted to the problem of etatism, which is an
immanent element of corruption in political and legal culture of
Russia, as well as a basic functional paradigm in the activities
of the state bodies in the modern Russia. The author provides
brief characteristics of legal paradigms, which serve as a
basis for defining efficiency and quality of functioning of state
bodies in the general theory of law. The author then studies the
causes of formation and specific features of etatism in the legal relations of modern Russia. Taking an example of prosecution,
the author shows two elements of influence of etatist traditions
on the development of state bodies in Russia: conflictogenous
and constructive. It is therefore necessary to take into account
all of the consequences of the influence of legal etatism
on the system of legal relations of the Russian Federation.
The author also comes to a conclusions that limiting the
negative consequences of legal etatism in the activities of the
Prosecutors in the Russian Federation due to its specific status
may be handled through strenghening its coordinating role in
the relations with the controlling organizations, which would
professionally resolve conß ict situations in modern Russia.
Keywords:
jurisprudence, etatism, state, legal relations, anarchy, solidarism, democratism, confl ictogenous character, corruption, prosecution.
Authority and management
Reference:
Bachmaga, O.P.
Jural state in the Russian Federation: responsibility of the
state towards a person through the prism of responsibility
of officials.
// Law and Politics.
2012. ¹ 12.
P. 1972-1975.
URL: https://en.nbpublish.com/library_read_article.php?id=51874
Abstract:
The article is devoted to the mutual responsibility of person
and state as a key principle of jural state. Having analyzed
this problem, the author points out the specific features of
responsibility of some categories of persons, as established in
the legislation of the Russian Federation. The article is based
on the analysis of modern Russian legislation, as well as on the
related monographs. As a result, the author shows the gaps,
lack of clarity and contradictions in the legal regulation, which
preclude their due and timely implementation.
Keywords:
jurisprudence, responsibility, state, violation, procedure, law, principles, exclusion, contradiction, person.
Transformation of legal and political systems
Reference:
Allabyan, K.D.
State regulation of the processes of reorganization of
insurance business in the Russian Federation.
// Law and Politics.
2012. ¹ 12.
P. 1976-1981.
URL: https://en.nbpublish.com/library_read_article.php?id=51875
Abstract:
While there is a general tendency of growth in the insurance
market in the Russian federation, there is also a problem of
financial stability and paying capacity of insurance companies.
This problem causes the state bodies to introduce new
requirements to the financial stability of insurance companies
in order to make the insurance sphere in the Russian Federation
financially sustainable. The author tried to study this problem
in order to establish the priorities in the state regulation and
also to analyze the reorganizations after the introduction of
the new requirements into the insurance market.
Keywords:
jurisprudence, insurance control, state regulation, financial stability, reorganization, registered capital, priorities, insurance organizations, requirements, politics.
Transformation of legal and political systems
Reference:
Oseichuk, V.A.
On the ideal and the constitutional legal aspect of the
modernization of the Russian state.
// Law and Politics.
2012. ¹ 12.
P. 1982-1989.
URL: https://en.nbpublish.com/library_read_article.php?id=51876
Abstract:
The article is devoted to the analysis of the key problems
of the modernization of the Russian state. Modernization
of the Russian state is viewed as a process of introduction
of considerable changes into the political, legal, economic,
social, religious and moral spheres of the society, as enshrined
in the constitutional legal norms. The ideal and the result of
such a modernization should be a democratic jural and social
Russian state.
Keywords:
jurisprudence, ideal, democratic, legal, social, state, modernization, constitutional reform, national unity, democracy, ideology, the Constitution of the Russian Federation, civil society.
Transformation of legal and political systems
Reference:
Plesovskikh, V.D.
The tendencies of development of the federal administrative
offence law and legislation.
// Law and Politics.
2012. ¹ 12.
P. 1990-1994.
URL: https://en.nbpublish.com/library_read_article.php?id=51877
Abstract:
Administrative offence law and administrative offence
legislation play an important role in the regulation of the social
relations at their current stage. The decade, which has passed
since the Code on Criminal Offences of the Russian Federation
came into force, allows one to draw certain conclusions
on this codified act, to evaluate it as an important stage of
development of the Russian legislation on administrative
offences, and to analyze the improvement of administrative
jurisdiction procedures.
Keywords:
jurisprudence, administrative law, administrative responsibility, administrative offence, administrative offence law, sanction of an administrative legal norm, administrative jurisdiction, legislation on administrative offences, administrative punishment.
JUDICIAL POWER
Reference:
Brezhnev, O.V.
The plenipotentiary on human rights as a participant of
the constitutional judicial procedure: problems, tendencies
and perspectives.
// Law and Politics.
2012. ¹ 12.
P. 1995-2002.
URL: https://en.nbpublish.com/library_read_article.php?id=51878
Abstract:
The institution of the Plenipotentiary on Human Rights
assists establishment of the guarantees of protection of
constitutional rights and freedoms of persons. That is
why, there is need for the Plenipotentiary in the Russian
Federation to cooperate with the similar officials in
the constituent subjects of the Russian Federation and
other elements of mechanisms for the protection of
human rights, such as the constitutional justice bodies.
The article provides comparative analysis of possible
models of such participation of the Plenipotentiary
in the constitutional judicial process: as a party, as a
person who has a right to take part in such procedure in
the public legal goals, as an invited officer. Taking into
consideration the perspectives of constitutional justice
in Russia and the need to achieve the goals of judicial
reform, the author points out positive aspects and topical
issues in the sphere of legislative regulation of protection
of human rights via the constitutional control. Then
the author points out the tendencies in the procedural
statuses of the Plenipotentiary on Human Rights as a
participant of constitutional judicial process.
Keywords:
jurisprudence, plenipotentiary, rights, freedoms, constitutional, justice, judicial procedure, status, complaint, procedure.
XXI century International law
Reference:
Smbatyan, A.S.
The first decision of the Eurasian Economic Community:
the bank of authority.
// Law and Politics.
2012. ¹ 12.
P. 2003-2007.
URL: https://en.nbpublish.com/library_read_article.php?id=51879
Abstract:
The article is devoted to the analysis of value of the Decision
of the EEC Court of September 5, 2012 on the challenges
against p.1 of the Decision of the Commission of the Customs
Union of August 17, 2010 N. 335 ?On the topical issues
related to the functioning of the united customs territory
and the practice of implementation of the mechanisms of
the Customs Union?. In particular, the Court upheld the
principle of unity of legislation, prohibition of unjustified
discrimination or hidden limitations to trade, as well as the
right of economic entities to access to justice. At the same
time, the author points out that not all of the conclusions of
the court fall within the same logical path.
Keywords:
jurisprudence, court, Eurasian, economic, community, customs, union, economic, subject, declaration.
XXI century International law
Reference:
Shugurov, M.V.
Internationally recognized right of authors to the
protection of their moral and material interests in the
international human rights law: conceptual analysis.
// Law and Politics.
2012. ¹ 12.
P. 2008-2029.
URL: https://en.nbpublish.com/library_read_article.php?id=51880
Abstract:
The author provides systemic analysis of normative amount
and contents of the internationally recognized human
right, which is provided for by p. 1(c) of Art. 15 of the
International Covenant on Economic, Social and Cultural
Rights/ much attention is paid to the issues of systemic
correlation of the rights of authors for the protection of
their moral and material interests with other human rights
and freedoms. Based on the analysis of the Commentary
n.17 of the UN Committee on Economic, Social and
Cultural Rights the author provides comparative analysis
of rights of creators as internationally recognized rights
and copyright. Much attention is paid to the approach to
the copyright from the standpoint of human rights. The
author also pays attention to the issue of balance of such categories of rights, as well as the balance of the state
obligations in the sphere of human rights and in the sphere
of copyright protection. Based on the systemic approach,
the author analyzes international legal obligations of the
state, as enshrined in p. 1 (c) of Art. 15 of the ICESCR,
then he raises the issue of the formation of the controlling
mechanism in the sphere of its implementation.
Keywords:
jurisprudence, author, interests, rights, property, development, globalization, progress, obligations, limitations.
International relations: interaction systems
Reference:
Schemshuchenko, S.O.
The bilateral investment treaties: typical structure,
definition and formulae of their provisions.
// Law and Politics.
2012. ¹ 12.
P. 2030-2034.
URL: https://en.nbpublish.com/library_read_article.php?id=51881
Abstract:
The article includes a review of the typical elements of the
structure of bilateral treaties on protection and support of
investments, which are also known as bilateral investment
treaties. The author analyzes the key definitions and
formulae of such treaties. In particular, the article includes
analysis of the terms \"investments\", \"investor\", \"income\"
and \"territory\" within the context of their interpretation
and application for the purposes of the investment treaties.
The author then comes to a conclusion that investments
may be regarded as contractual or other transactions of
economic value. The article is also concerned with the
issues of support and encouragement of foreign investments,
including access of personnel and establishment of offices.
The author also pays attention to the issues of investment
protection, which may be implemented by the standards
of treatment towards the foreign investments. It is defined
that international investment arbitration serves as a
mechanism for the implementation of such obligations. The
terms related to the arbitration and other means of conflict
resolution are also analyzed in this article.
Keywords:
jurisprudence, bilateral investment treaties, foreign investments, international investment arbitration, arbitration, protection of investments, standards of treatment, dispute resolution, investments, investor.
Human and state
Reference:
Ustov, T.P.
The investigative acts: characteristic features and specifics
of the guarantees of rights of persons, who participate in
the procedure at the stage of initiation of the criminal case.
// Law and Politics.
2012. ¹ 12.
P. 2035-2043.
URL: https://en.nbpublish.com/library_read_article.php?id=51882
Abstract:
This article is devoted to the need to establish the fullscale
guarantees of the rights of persons, who take part
in the proceedings on criminal cases and whose rights
may be limited by procedural means and methods. The
author analyzes and compares the points of view of
various legal scholars. Currently a number of subjects of
legal proceedings are not duly protected, they are unable
to prevent violations of their rights and to require their
protection and recovery. The terms of investigation
activity, their participants, other procedural acts lack
due theoretical basis. All the above-mentioned becomes
especially topical at the stage of initiation of the criminal
case. It is undoubted that the participants of procedural
acts at the stage of initiation of the criminal case should
have access to a vide spectrum of legal means in order to
protect their interests. Therefore, there is need to form
procedurally supported mechanisms, which could duly
guarantee the rights and freedoms of participants of such
actions taking into account the specific features of this
stage of criminal procedure.
Keywords:
jurisprudence, investigative activities, initiation of the criminal case, guarantees of rights of participants of investigative activities, suspect, accused, other participants of criminal procedure, criminal law coercion, criminal procedural law, criminal proceedings.
Human and environment
Reference:
Vershilo, N.D.
On the issue of the powers of the state bodies in the sphere
of hunting and rational use of hunting resources
// Law and Politics.
2012. ¹ 12.
P. 2044-2049.
URL: https://en.nbpublish.com/library_read_article.php?id=51883
Abstract:
The article is devoted to the topical issues of distinguishing the
powers of the state controlling bodies in the sphere of hunting
and rational use of hunting resources. The author comes to
a conclusion that frequent reorganizations of stat bodies,
as well as often ungrounded shifts of powers and spheres of
responsibility lower the efficiency of regulation in this sphere.
There is need to form an independent federal executive
body, which would be specially empowered in the sphere of
hunting and protection of hunting resources, which would be
subordinated to the Government of the Russian Federation.
Keywords:
jurisprudence, Department, hunting, powers, distinguishing, rational, use, protection, state, bodies.
History of state and law
Reference:
Markin, V.Y.
On some specific aspects of organization of the marshals
during the first years of the Soviet rule (taking the Kursk
region in 1917 - 1921 as an example).
// Law and Politics.
2012. ¹ 12.
P. 2050-2053.
URL: https://en.nbpublish.com/library_read_article.php?id=51884
Abstract:
The studies of the last decades in the sphere of history of
enforcement uncovered new issues of organization and
functioning of the Russian enforcement bodies at various
stages of their development. However, in spite of the efforts
of the Russian legal scholars, some issues still fall outside the
scope of their attention. One of such issues is the contents of
the procedure of joining the service in several first years after
the Soviet rule was established. The specific features of this
period are due not only to the total change of state and political
regime, but also to the lack of the clearly established strategy
of development of the enforcement structures.
Keywords:
jurisprudence, court, marshal, province, bureau, justice, committee, Soviet, power.
History of state and law
Reference:
Kozhevnikov, E.A.
The brief insight into the history of formation of the
mediation in the civil law.
// Law and Politics.
2012. ¹ 12.
P. 2054-2056.
URL: https://en.nbpublish.com/library_read_article.php?id=51885
Abstract:
The article is devoted to the brief insight into the history of
the institution of mediation, the process of its formation and
development, the prerequisites to its formation, development
in the Russian Federation, as well as its legal basis and
goals under the Federal Law of July 27, 2010 N. 193-FZ
\"On the alternative procedure of dispute resolution with the
participation of mediator (mediation procedure)\"
Keywords:
jurisprudence, history, mediation, conflict, law, compromise, development, peaceful settlement, dispute, agreement.
Practical law manual
Reference:
Selednikova, O.N.
Problems of guarantees for the recovery of civil penalty in
the criminal judicial procedure.
// Law and Politics.
2012. ¹ 12.
P. 2057-2060.
URL: https://en.nbpublish.com/library_read_article.php?id=51886
Abstract:
This article is devoted to some topical aspects of
implementation of protection of property rights and lawful
interests of victims of crimes. In particular, the author views
the guarantees of recovery of civil penalty at the time of
investigation of criminal case, when the civil case would be
dealt with after the criminal case is completed. The author
then gives some examples of imperfections of legislative
regulation, which does not allow to clearly establish the
amount of property, which may be subject of arrest. The
article also includes analysis of the possibilities for the
recovery of material losses at the stage of preliminary
investigation. Then the author provides some ideas on
improvement of this criminal procedural institution.
Keywords:
criminal procedure, crime, property harm, preliminary investigation, arrest of property, civil claim, guarantees, compliance, interests of the victim.
Jurisprudence
Reference:
Emelyanov, A.S.
On the issue of the object of administrative and financial law.
// Law and Politics.
2012. ¹ 12.
P. 2061-2067.
URL: https://en.nbpublish.com/library_read_article.php?id=51887
Abstract:
The article is devoted to the analysis of an object of legal
regulation as a fundamental category of the sciences of
administrative and financial law. Based on the constitutional
provisions, provisions of administrative legislation, and
provisions on public finances, practice of their application,
achievements of administrative and financial law, taken as
sciences, one may define the elements of the objects of their
regulation, as well as administration, administrative and
financial activities of the state. The author views a historic
retrospective, which allows one to see the peculiarities of
administrative and financial activities of our state. The author
analyzes the institutions of administrative and financial law,
as well as how the administrative and financial activities of
the state are implemented through these institutions.
Keywords:
jurisprudence, object of administrative law, object of financial law, administration, administrative activity of the state, financial activity of the state, executive bodies of the state power, financial state and municipal bodies, financial control bodies, executive and regulatory municipal bodies.
Jurisprudence
Reference:
Pavlova, Y.I.
The role of concession agreements for the pipeline
transportation within the legal system and its character
within the framework of private law.
// Law and Politics.
2012. ¹ 12.
P. 2068-2073.
URL: https://en.nbpublish.com/library_read_article.php?id=51888
Abstract:
The author analyzed the publications on the legal nature of
the concession agreements, which suggest that the concession
agreement on pipeline transportation as an international
contract. The presence of foreign elements in the concession
contract on pipeline transportation, where the concessionaire
is a foreign legal entity or person, may include the state as an
equal party to the private international contract.
Keywords:
concession agreement, pipelines, international contract, the State as a subject of the contract, innominate contract (sui generis).
Jurisprudence
Reference:
Sumachev, A.V.
On the issue of the definition of cultural values and
improvement of the administrative legal regime of their
protection.
// Law and Politics.
2012. ¹ 12.
P. 2074-2079.
URL: https://en.nbpublish.com/library_read_article.php?id=51889
Abstract:
The article is devoted to the mechanism of administrative
legal protection of cultural heritage and cultural values.
The necessary precondition for such activity is the due
definition of cultural values. The author of this article
defines the terms of \"cultural heritage\" and \"cultural
values\", as well as administrative means of their
protection, based on the systemic approach and the
provisions of constitutional, administrative and culture
protection legislation. Then she points out the favorable
and unfavorable conditions for the greater efficiency of
such protection. Then the author analyzes the development
of the institutions of administrative law, which are meant
to improve administrative legal regime of protection of
cultural heritage and cultural values.
Keywords:
jurisprudence, cultural heritage, archaeological heritage, administrative legal regime, mechanism for administrative legal protection, administrative law, the science of administrative law.
Anthropology of law
Reference:
Matuzov, N.I.
Legal nihilism as a way of life.
// Law and Politics.
2012. ¹ 12.
P. 2080-2089.
URL: https://en.nbpublish.com/library_read_article.php?id=51890
Abstract:
The article is devoted to the topical issues of legal nihilism,
such as its social nature, its contents, its genesis, its
definition, its sources, forms and expressions, its spread, its
destructive role in the development of the modern Russian
society. It is shown that legal nihilism stalls the reforms and
modernization. The author then analyzes various points of view and approaches to the interpretation of nihilism in
general and legal nihilism in particular. The goal of this
article is to establish the causes and sources of legal nihilism,
as well as means and methods for overcoming it. It may
be useful for the students and scholars of legal schools and
in the sphere of state government.
Keywords:
jurisprudence, law, tradition, nihilism, legal conscience, offence, culture, education, way of life.
Anthropology of law
Reference:
Gulyaikhin, V.N.
Legal re-socialization of an individual: from the authoritarian
strategy to the humanistic strategy.
// Law and Politics.
2012. ¹ 12.
P. 2090-2097.
URL: https://en.nbpublish.com/library_read_article.php?id=51891
Abstract:
The article is devoted to the analysis of the two key strategies
for the legal re-socialization of a person. While the
authoritarian strategy is aimed to protect the society via the
total institution from the criminal aggression, the humane
strategy aims to provide a person with a repeated matrix
of lawful behavior, which includes rational and positive
changes in a person, taking into account his existential interests,
and his social environment. The author then comes
to a conclusion that in order to guarantee legal progress
of the Russian society there is need for a transfer from the
traditional authoritarian re-socialization strategy to the
humanitarian repeated socialization.
Keywords:
jurisprudence, legal re-socialization, legal conscience, legal culture, legal values, criminal sub-culture, legal progress, lawful behavior, total institution.
Academic life
Reference:
Nagornaya, I.I.
International round table on scientific heritage of A.E. Zhalinsky.
// Law and Politics.
2012. ¹ 12.
P. 2098-2103.
URL: https://en.nbpublish.com/library_read_article.php?id=51892
Abstract:
The article is devoted to the results of the International
Roundtable \"Scientific Heritage of A.E. Zhalinsky\", which
was held on October 19, 2012 by the Department of Criminal
Law of the Faculty of Law of the National Research University
\"Higher School of Economics\" and devoted to the 80th anniversary
since the birth of the Doctor of Law, Professor, Merited
Scientist of the Russian Federation, Head of the Department of
Criminal Law and the Professor Ordinarius of the NRU HSE
Alfred Ernestovich Zhalinsky. The author provides brief characteristics
of speeches of the participants of the round table,
which reflect the evaluations of the scientific heritage of A.E.
Zhalinsky and develop his scientific positions. The participants
discussed stages of his scientific work, as well as contents of his
main works, with special attention paid to the evaluation of the
fundamental works by A.E. Zhalinsky by his foreign colleagues.
Keywords:
jurisprudence, forensic studies, criminology, ecology, politics, repression, economics, lecturer, FRG.
Eng
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