Theory
Reference:
Ursul, A.D.
Globalization of law and global law: conceptual and methodological problems.
// Law and Politics.
2012. ¹ 8.
P. 1284-1297.
URL: https://en.nbpublish.com/library_read_article.php?id=51802
Abstract:
The author reviews the search for the more effi cient legal forms and means of regulation of social relations, as well as for the formation
of novel scientifi c and legal ideas under the infl uence of global challenges and processes. The author provides his position on legal
(juridical) globalistics, which studies the interrelated processes of globalization of law and formation of the global law. The author then
discusses possible principles and various ideas of global law, and he relates the supposed global transformations to the transition to
sustainable development of global community.
Keywords:
jurisprudence, globalization, globalization of law, globalistics, global law, global processes, international space law, law of sustainable development, legal globalistics, sustainable development.
Authority and management
Reference:
Petukhova, N.V.
Control function of the Federal Assembly of the Russian Federation
// Law and Politics.
2012. ¹ 8.
P. 1298-1305.
URL: https://en.nbpublish.com/library_read_article.php?id=51803
Abstract:
In accordance with its powers the Federal Assembly is the Parliament of the Russian Federation, but it should be characterized not only
as a representative and legislative body, but also as a controlling body. Parliamentary control can be internal and external. External
parliamentary control is especially important for the guarantees of compliance with the laws, and its forms are analyzed in this article.
At the same time the existing legislative limits do not allow the Parliament to implement its functions effi ciently. The article includes a
number of initiatives on amendments to the federal law,which could provide meaning and contents to this sphere. The furtgher development
of parliamentary control and greater role of the representative body of the Russian Federation is possible based upon new legislative
basis, and there is need for a new law, which would defi ne the legal status of the Federal Assembly of the Russian Federation.
Keywords:
jurisprudence, parliament, the Government of the Russian Federation, parliamentary control, review, parliamentary request, legislative initiative, parliamentary hearing, parliamentary investigation, monitoring.
Transformation of legal and political systems
Reference:
Sukhotin, S.O.
Normative legal guarantees of electronic education of state and municipal offi cers of the Russian Federation.
// Law and Politics.
2012. ¹ 8.
P. 1306-1311.
URL: https://en.nbpublish.com/library_read_article.php?id=51804
Abstract:
The article includes recommendations on the improvement of the bases for the legal regulation of electronic education of state and
municipal staff. The article includes analysis of the process of integration of modern means of electronic education with the application
of distance education technologies in the system of education, re-education, and advanced education of the state and municipal offi cers
in the Russian Federation.
Keywords:
jurisprudence, recommendations, improvement, education, technologies, norms, development, education, science, technologies.
Transformation of legal and political systems
Reference:
Plotskaya, O.A.
The Constitution of the Republic of Komi - theoretical bases and comparative – legal analysis.
// Law and Politics.
2012. ¹ 8.
P. 1312-1324.
URL: https://en.nbpublish.com/library_read_article.php?id=51805
Abstract:
The article includes comparative legal analysis of the Constitutions of the Republic of Komi. The analysis is made based on such criteria
as legal characteristics, structure, factors, infl uencing the contents of the Constitution, contents, novel features, as well as continuity in
the constitutional development of the Republic of Komi. The author especially points out the value of the Constitution as a key law for
the constituent subject of the Russian Federation.
Keywords:
jurisprudence, analysis, Constitution, structure, contents, characteristics, reality, stability, law, constituent subject.
Law and order
Reference:
Bykov, V.M.
Legal position of the investigator in the criminal process of Russia (part 3).
// Law and Politics.
2012. ¹ 8.
P. 1325-1330.
URL: https://en.nbpublish.com/library_read_article.php?id=51806
Abstract:
The article is devoted to the legal relations between an investigator and a prosecutor, which are formed based on the new Federal Law
of the Russian Federation of December 28, 2010 N. 404 –FZ. Due to this the author criticizes a number of provisions of the new law,
and points out that the legal relations between a prosecutor and an investigator were better regulated by Art. 127 of the Criminal Code
of the RSFSR, and then the author offers to use the experience of the criminal procedural legislation of the RSFSR.
Keywords:
new law, investigator, prosecutor, criminal case, starting a case, recommendations of a prosecutor, independence of an investigator, head of the investigative body, improvement of the law.
Law and order
Reference:
Ramazanov, R.U.
Avoiding the conflict of interests in state and municipal civil service as an effective way to fight
corruption.
// Law and Politics.
2012. ¹ 8.
P. 1331-1335.
URL: https://en.nbpublish.com/library_read_article.php?id=51807
Abstract:
The article is devoted to analysis of the measures for fi ghting corruption in the governing and managing bodies. The author points out
the problems in the sphere of formation of legal and organizational bases for the implementation of legislation against corruption. The
author offers to amend the existing laws in the sphere of confl ict of interests. The author also offers to amend the Federal Law “On State
Civil Service in the Russian Federation” and the Federal Law “On Municipal Service in the Russian Federation” in order to improve
the legal mechanism in order to better avoid confl ict of interests. The author also offers to make the responsibility of offi cers for the
violations of legislation on civil and municipal service more severe.
Keywords:
jurisprudence, corruption, responsibility, legislation, state, confl ict, offi cer, municipal, responsibility, violations, civil.
State security
Reference:
Popov, E.A.
Legal bases for fi ghting narcotization of people in the modern Russia.
// Law and Politics.
2012. ¹ 8.
P. 1336-1342.
URL: https://en.nbpublish.com/library_read_article.php?id=51808
Abstract:
The article is mostly devoted to the legal issues of fi ghting the spread of narcotics (narcotization) in the modern Russian state. It is
pointed out that fi ghting narcotization has legal, medical, as well as social and psychological nature. Each of these aspects has its own
meaning, however it is the legal regulation, which is a key direction of development in the social and humanitarian knowledge and legal
studies. The author then views the key historic directions in the formation of institutions against narcotization of people, then he attempts
to construe a number of more adequate legal means against narcotization.
Keywords:
jurisprudence, narcotization, law, fi ghting, people, turnover, narcotics, drugs, regulation, keeping, sale and other types of disposal.
International security systems
Reference:
Umerenko, Y.A.
Neutrality in the international law: historical formation and ways of development.
// Law and Politics.
2012. ¹ 8.
P. 1343-1356.
URL: https://en.nbpublish.com/library_read_article.php?id=51809
Abstract:
The article is devoted to the issue of historic formation and development of neutrality as an institution of international law, from the ancient
times and to the modern times. The evaluation of historical formation is done within the political context, which is due to the strong link
between legal and political facets of neutrality. The author also reviews the ways of development of neutrality in order to make it more
effi cient as means for supporting international peace and security.
Keywords:
jurisprudence, neutrality, historic formation, ways of development, international legal status, international law, international peace, international security, rights and obligations, common threats.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Salagay, O.O.
The approaches of the European Union to the regulation of cell therapy.
// Law and Politics.
2012. ¹ 8.
P. 1357-1363.
URL: https://en.nbpublish.com/library_read_article.php?id=51810
Abstract:
Since the achievements of the cell biology are novel for all of the legal systems of the states in the world, the analysis of the foreign
experience of its regulation are of much practical and theoretical interest. The experience of the EU is especially valuable, since the EU
is one of the leaders in the sphere of development of cell therapy, and it possesses quite a specifi c legal system. This article is devoted to
the analysis of the EU experience in this sphere. The author analyzes topical community legislation, which regulates the procedure of
access of advanced medications into the market, specifi c features of classifi cation of such products and requirements to them. Based on
the analysis, the author comes to the conclusion on the need to optimize the legal regulation in this sphere in the Russian Federation.
Keywords:
jurisprudence, cells, tissues, bio-security, effi ciency, the European Union, studies, research, treatment, bio-materials, technologies.
Public communications
Reference:
Shartynova, A.V.
The role of youth voluntarism in the formation of civil society system in the modern Russia.
// Law and Politics.
2012. ¹ 8.
P. 1364-1369.
URL: https://en.nbpublish.com/library_read_article.php?id=51811
Abstract:
The article includes the results of the legal analysis of the categories, which are used in the sphere of voluntarism and charitable activities,
the author shows characteristic features of volunteer activities, specifi c features of youth volunteerism. The author also analyzes the issues
of improvement of normative legal regulation of volunteer activities in Russia within the framework of the development of the institutions of the civil society, as well as the texts of a number of Federal Laws, the Concept of Development of Charity and Volunteerism in the
Russian Federation of 2009, and the Strategy of State Youth Policy in the Russian Federation of 2006.
Keywords:
jurisprudence, role, voluntarism, youth, regulation, civil, society, charitable, activity, law.
Public communications
Reference:
Burtseva, A.A.
Social entrepreneurial activity of non-commercial organizations in Russia as an object for the legal
regulation.
// Law and Politics.
2012. ¹ 8.
P. 1370-1377.
URL: https://en.nbpublish.com/library_read_article.php?id=51812
Abstract:
The article includes analysis of topical issues on social entrepreneurial activities by non-commercial organizations within the modern
system of legal regulation, as well as analysis of the problems of modernization of the system of civil legislation in the Russian Federation
in this sphere.
Keywords:
social, entrepreneurial, non-commercial organizations, professional, activity, self-regulated, organizations, services.
History of state and law
Reference:
Bondarenko, E.Y.
History of military imprisonment taking international and domestic Russian legal acts (late XIX –early
XX centuries).
// Law and Politics.
2012. ¹ 8.
P. 1378-1385.
URL: https://en.nbpublish.com/library_read_article.php?id=51813
Abstract:
In late XIX – early XX centuries a number of international and domestic Russian acts and conventions were adopted on the issues of
military imprisonment. These documents enshrined key provisions on rights and obligations of military prisoners, regulated their norms
of behavior. This article by Professor E.Y. Bondarenko includes analysis of key international legal aspects of military imprisonment in
international and Russian normative legal acts of late XIX – early XX centuries. The author provides a number of examples on attitude
towards Russian and foreign military prisoners at the time of global wars and military confl icts.
Keywords:
jurisprudence, history of military imprisonment, combatants, Declarations and Conventions on Treatment of Military Prisoners, ICRC, International Treaties on Military Prisoners, normative acts on issues of military imprisonment, Government decrees on military prisoners, rights and obligations of military prisoners, international conventions on protection of victims of war.
Legal and political thought
Reference:
Udartsev, S.F.
The idea of the cosmic state in the history of political thought.
// Law and Politics.
2012. ¹ 8.
P. 1386-1399.
URL: https://en.nbpublish.com/library_read_article.php?id=51814
Abstract:
The article is devoted to the history of the idea of the cosmic state in the political thought from the time of the Ancient World to the Russian
Cosmism of early XX century. The author evaluates the interpretations of the idea of cosmic state in the ancient mythology, as well as
in the works of thinkers from the time of Ancient Greece and Rome to the early XX century (Fedorov, Tsiolkovsky, Agnenko, Ivanitsky,
Vernadsky, Roerich, etc.). The ideas of a cosmic state showed and deepened the understanding of unity of the world, the cosmic nature
of human being and human kind, prediction and analysis of the coming cosmic era of the humankind and proper political organization
for it. The article may be useful for the researchers in the sphere of fundamental problems of nature of the government, specialists in the
sphere of legal philosophy, theory of state and law, political science, history of political and legal teachings.
Keywords:
jurisprudence, cosmic state, cosmic civilization, mythology of the Ancient Sumerians, cynics, Plato, Tsiolkovsky, Roerich, Russian cosmism, bio-cosmism.
Legal and political thought
Reference:
Samenkova, S.E.
Justice: idea, norm, reality.
// Law and Politics.
2012. ¹ 8.
P. 1400-1404.
URL: https://en.nbpublish.com/library_read_article.php?id=51815
Abstract:
The author attempts to view the category of justice in three of its representations: as an idea, as a norm of law, and as a reality. The author
then shows the quality and differences between all of them, their infl uence on the formation of understanding of justice (both everyday
and scientifi c understanding), as well as on the way a political legal regime may be formed, changed or ceases to exist, and on the way
the social relations may be regulated via the formation of legal norms.
Keywords:
jurisprudence, justice, law, politics, idea, norm, reality, principle, image, society.
Jurisprudence
Reference:
Klimenchuk, A.V.
Legal authority of subjects of the co-investment in housing construction.
// Law and Politics.
2012. ¹ 8.
P. 1405-1411.
URL: https://en.nbpublish.com/library_read_article.php?id=51816
Abstract:
This article is devoted to the issues of legal regulation of the co-investment in housing construction, it includes analysis of its characteristic
features, such as its subjects and the way such a contract is concluded. Much attention is paid to relevant conditions of a contract, rights
and obligations of the parties, responsibilities of the parties for the violations of such obligations. The article includes evaluation of
various practical problems regarding housing construction investment, which the parties might face, and the possible ways to deal with
these problems.
Keywords:
jurisprudence, Constitution, deal, housing, relations, loss, use, improvements, conditions.
Jurisprudence
Reference:
Butova, R.A.
Penalty as means of civil law responsibility: some problems in theory and judicial practice.
// Law and Politics.
2012. ¹ 8.
P. 1412-1427.
URL: https://en.nbpublish.com/library_read_article.php?id=51817
Abstract:
The article includes analysis of the key specifi c features of penalty as a measure of responsibility. The author analyzes the order and
principles of its calculation, as well as grounds and means of lowering penalty. Based on the analysis of the Russian legislation and the arbitration practice, the author views the key problems of application of penalties in the contracts., then the author offers to amend the
legal norms. Some of the aspects of the penalty remain topical and ambiguous to this day, and this is partly due to the imperfections of
the existing legislation. The current changes in the practice of application of penalty also may make this article especially topical.
Keywords:
jurisprudence, penalty, responsibility, amount, lawful, contract-based, calculation, lowering, claim, change.
Jurisprudence
Reference:
Tolpegin, P.V.
Specifi c features of interpretation of terms “interference” and “pressure” within the procedure of non-judicial
review of address of persons and organizations in the sphere of implementation of law.
// Law and Politics.
2012. ¹ 8.
P. 1428-1433.
URL: https://en.nbpublish.com/library_read_article.php?id=51818
Abstract:
The overly broad interpretation of the terms “interference” and “pressure” in the legal practice prevents the effi cient non-judicial protection
of rights of claimants. Practice of state bodies is unclear, and in cases, which are not favorable for the claimant, his claim, which includes
the information on violation of legislation and his subjective rights is not transferred to the competent bodies, as it is prescribed by the
Law, but it is returned to him with the reference to the prohibition to interfere into the activities of investigators, prosecutors, etc. The
article includes precedent-by-precedent analysis, which shows somewhat opposite reactions of government bodies to the requests on the
protection of rights, which have similar objects and goals. The article also includes analysis of the legislation in order to fi nd contextual
mentions of interference and pressure. The author then provides initiatives for improvement, and he shows how accepted overbroad
interpretation of some terms is based on lack of ground, and transferring or readdressing of claims of persons and organizations by
any subjects (including non-governmental organizations, political parties, deputies, or other offi cials) to the competent bodies is neither
interference or pressure, if it is within the procedure of non-judicial review of claims. This position is supported by the commentary by
the Aide to the President of the Russian Federation – the Head of the State Legal Offi ce of the President of the Russian Federation.
Keywords:
jurisprudence, implementation of law, law-enforcement, addresses, interference, pressure, non-judicial, procedure, process, protection of rights.
Practical law manual
Reference:
Aleksova, A.V.
On the issue of application of expertise in order to establish whether the object belongs to the category of
fi rearms.
// Law and Politics.
2012. ¹ 8.
P. 1434-1439.
URL: https://en.nbpublish.com/library_read_article.php?id=51819
Abstract:
Based on the analysis of scientifi c literature and expert practice the author views the method of expert analysis of unlawfully produced
weapons, in the light of its specifi c features due to the vast variety of constructive specifi cities of specifi c objects. The author pays attention
to the need to study the material part of weapons, reliability of its construction, as well fi ring capacity of firearms.
Keywords:
jurisprudence, ballistic, arms, production, construction, expertise, method, viewing, study, method, position.
Practical law manual
Reference:
Badikov, K.N.
Establishing the age of a subject via psycho-dermal-glyphic studies
// Law and Politics.
2012. ¹ 8.
P. 1440-1447.
URL: https://en.nbpublish.com/library_read_article.php?id=51820
Abstract:
In the point of view of this article, the psycho-dermal-glyphic method allows to gain diagnostic and age-related information on a person
who left the trace. The establishment of age allows to lay the ground for the investigative and detective activities on the persons who
fi t the description, including the victims. The psychological and forensic correlations allow to form and age-based forensic model of a
person.
Keywords:
jurisprudence, dermal-glyphic, age, ageing, personality, psychology, morphology, crime, diagnosis.
Academic life
Reference:
Dubovik. O.L.
Criminal legal influence on legal entities: comparative analysis of international, European, German and Russian
law.
// Law and Politics.
2012. ¹ 8.
P. 1448-1452.
URL: https://en.nbpublish.com/library_read_article.php?id=51821
Abstract:
The article includes the review of the First Russian-German Criminal Law Seminar, which took place in the Moscow State University
named after M.V. Lomonosov on June 28, 2012, where the participants attempted to fi nd solutions to topical problems of criminal responsibility
of legal entities, and to establish the perspectives for their implementation. The seminar was organized by the Law Faculty
of the Moscow State University named after M.V. Lomonosov and by the Institute named after Max Planck on Foreign and International
Criminal Law (Freiburg, FRG). The problems of legal responsibility of legal entities are acutely topical, and they have been attracting
attention by both Russian and foreign legal scholars for many years. The author analyses effi ciency and proportionality of introduction
of criminal responsibility of collective subjects, as well as the correlation of means of criminal legal infl uence with the administrative and
civil law measures. The Russian and foreign specialists express various opinions both for and against the introduction of responsibility
of legal entities into the criminal codes. The theses show the experience of various states, as well as the historic analysis of this issue.
Keywords:
jurisprudence, criminal, responsibility, legal, entity, Russia, Germany, fine, efficiency, proportionality.
Eng
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
© 1998 – 2024 Nota Bene. Publishing Technologies. NB-Media Ltd.
