Annotations № 3 / 2009
LAW AND… MEASURE
Yagofarova I. D. (Yekaterinburg) Category «measure» in legal researches
The philosophical category «measure» has a unique possibilities of its use in legal sphere. However this potential is not claimed completely. The author researches the contents and genesis of this category in the history of legal thoughts and pays attention on need of its using in the theoretical legal researches. The category «measure» and its different forms have the special meaning in theoretical researches, touching the acception of legal decisions in the spheres of making and using law from the point of view of optimization of these decisions.
Key words: measure, harmony, balance, legality criteria, adequacy
METHODOLOGY OF STATE AND LAW RESEARCH
Yugov A. A. (Yekaterinburg) Power and will: correlation and interpolation in the system of public power relations
The article is devoted to the system analysis of the whole set of questions on the means and forms of exposure and expression of electors’ will in the process of creating public power bodies of representation of the people in accordance with the current legislation of the RF. The author has framed the science-based mechanism of the institutionalization of legitimate power on the basis of freely expressed will of citizens.
Key words: power, will, legitimate power, institutionalization
Demidova I. S. (Moscow) Legal elimination of state: evolution and basic theories content
In the article two groups of elimination state by law theories: legal law theories and rules of law theories are analyzed. The author shows strong and seek sides of those theories.
Key words: natural law, positive law, theory of jural state, theory of rule of law, contra legem, praeter legem
Chudakov M. F. (Belarus, Minsk) The stages of the world constitutional process
The author points out four stages in the world constitutional process, beginning from the ancient world protoconstitutional acts. Special attention it is paid to the modern stage. The author characterizes in its frames four generations of the constitutional acts: old, new, more new, most new constitutions.
Key words: constitution, constitutional process, protoconstitution, quasiconstitution, old, new, modern, supramodern constitution
LEGAL REGIME GROUNDS
Skuratov Yu. I. (Moscow) The Constitution of the RF of the 1993 year development: the amendments to Constitution or constitutional reform?
The author analyzing different points of view on the question of the Constitution of the RF of the 1993 year development, proves the need of constitutional reform that doesn’t touch the constitutional regime grounds.
Key words: Constitution of the RF, constitutional reform, interpretation, factual and juridical constitution
Chirkin V. E. (Moscow) The Public prosecutors’ office of the RF in the system of unity and division of state power
The article represents fundamental points of view on the Russian Public prosecutors’ office position in the system of state power of the RF. The author gives conclusion about existing control power in the country. Public prosecutors’ office is an important part of this power.
Key words: Public prosecutors’ office of the RF, control power, functional system, separation of powers, unity of power
Petrov A. A. (Irkutsk) The quality of obligatoriness of decisions of the Constitutional Court of the RF
The article concerns compulsion of the RF Constitutional Courts’ decisions as their fundamental feature established by art. 6 of the federal constitutional law «About the Constitutional Court of the Russian Federation». Different points of view relating to the matter are described, along with proposing of the author’s own opinion which is based upon estimation of said articles’ place in the system of legal regulation of judicial constitutional control.
Key words: decision of the Constitutional Court of the RF, obligatoriness, fundamental foundations of the federal constitutional proceedings
HUMAN RIGHTS
Vavilin E. V. (Saratov) Favourable legal surrounding as a condition of unimpeded realisation of rights and execution of obligations
Obstacles of realisation of subjective rights, their classification are analysed in the work. The conditions of unimpeded rights’ realization and obligations’ execution are consided in the article. The problem of a favourable legal surrounding as a necessary condition of unimpeded realisation of rights and execution of obligations is grounded.
Key words: civil rights, favourable legal sphere, defense of the rights, realisation of rights, execution of obligations, stimulation, restriction
Gudym V. N. (Tomsk) Recognition of the rights and obligations in the legal guarantees system of protection of the taxpayers’ rights
The article deals with the problem of realization of the right to protection by the taxpayers. The author suggests to supplement the existing protecting measures of the taxpayers’ rights by such modes which will be aimed exclusively at the recognition of disputable legal relations. The author believes that the following can be referred to such modes of protection: the recognition of the fulfilled duty to pay a tax, the reimbursement by the court of the excessively recovered tax and others, which require a more profound research and detailed regulation in the legal rules of the Tax Code of the RF.
Key words: taxpayers’ rights, protecting measures of the taxpayers’ rights, legal guarantees, recognition of rights, obligations, invalidation of act
PUBLIC ISSUES AND POLITICAL SCIENCE
Leksin I. V. (Moscow) Territorial organization of the Weimar Republic and of Nazi Germany
This article is the third one of a series of prospective publications devoted to German federalism. The author examines evolution of territorial organization of Germany starting from the collapse of the German Empire during World War I and formation of the republican German state till development of the German Reich under Nazi rule, including impacts of its territorial reforms on the present-day federal structure of Germany.
Key words: Weimar Republic, Nazi Germany, German Empire, factual centralized unitary state, plebiscites on state affiliation
INTERNATIONAL LAW
Orlov A. S. (Izevsk) Correlation of the conventional and judicial jurisdiction forms of the international territorial dispute settlement (statement of the question)
Principal problem of the correlation of the conventional and judicial jurisdiction forms of the international territorial dispute settlement came up for discussion. Different territorial dispute settlement forms has special features of settlement procedure, justification terms, legal nature and implementation of the territorial dispute settlement acts.
Key words: international territorial dispute, international agreements, judicial decisions, territorial dispute settlement forms, International Court of Justice
Ermolina M. A. (Saint-Petersburg) Maritime emergency case concerned with pollution in international law
In the article the problem of legal regulation of marine environment protection from pollution from the ships in maritime emergency cases. The author pays special attention to terminology of international legal acts.
Key words: pollution, maritime emergency case, marine environment protection, accident at sea
Hudyntseva A. S. (Yekaterinburg) The institute of temporary judges in international courts
The article is devoted to the status of ad hoc judges in International Court of Justice, European Court of Human Rights, Intrer – American Court of Human Rights, and ad litem judges in International Tribunals for former Yugoslavia and Rwanda.
Key words: international courts organization, ad hoc judges, ad litem judges, litigants, term of office
LOCAL SELF-GOVERNMENT AND MUNICIPAL LAW
Stepanchenko V. I. (Salekhard) About local self-government reform in the Yamalo-Nenetsky autonomous okrug
The article is devoted to analysis of modern reform of local self-government in the Yamalo-Nenetsky autonomous okrug. The author describes legislative and other measures which are directed on realization of this task. He pays special attention to proposals for improving of legal model of local self-government organization in the subject of the RF.
Key words: reform of local self-government, municipal authorities, municipal elections, model of local self-government organization
CIVIL LAW AND PROCEDURE
Tolmachev I. A. (Labytnangy) Contract liability of a seller for the breach of sale contracts’ obligations
The article is devoted to a liability for breach of international sale contract`s fulfillment if a seller is at fault. Civil sanctions for a seller are described. The author compares rules of international conventions and home law of some countries.
Key words: international sale contract, breach of international sale contract, seller liability, fault, sanctions for a seller
Maltsev D. L. (Moscow) Land plot as an object of legal relationships
The article deals with legal particularities of land plots. Land rights and legitimate interests of entities and participants of land legal relationships arise from legal particularities of land plots which are the object of civil and land legal relationships.
Key words: land plot, land legal relationships, land rights, participants and subject of land legal relationships
Bezruk N. P. (Yekaterinburg) Safeguarding the rights of minors during housing privatization
This article is devoted to theoretical and practical problems concerning the safeguarding of the legitimate interests and rights of minors during housing privatization. Frequent violations of minors` rights in the indicated sphere and extention of a privatization period till the 1st of March 2010 declare the actuality of the chosen subject. The housing assignment from state and municipal property into private is protracted for more than 15 years. During this time owing to the civil legislation improvement and scientific inquiries children were recognized as an equal participants of a privatization on an equal footing with full-aged citizens. Though a great number of problems and not-adjusted disputes still exist.
Key words: minors, housing privatization, violations of minors` rights, right to free housing privatization, ward and tuition agencies
ADMINISTRATIVE LAW AND PROCEDURE
Sheripov N. T. (Bishkek, Kyrgyzstan) Public service Agency of the Kyrgyz Republic
In sovereign Kyrgyz Republic in the 2004 Public service agency was found. And at this moment by means of operation activities Public service agency is organizing and developing effective system of public service management.
Key words: Public Service Agency, public service, personnel policy, personnel reserve, models of state service
CRIMINAL LAW AND PROCEDURE
Bashkov A. V. (Yekaterinburg) Inter-branch institute of defence of the right to property
Subject of author’s attention is criminal law aspects of defence of the right to property as an inter-branch institute. The author tells about some directions of it’s researching. For example, it is analysis of correlation of criminal, civil and administrative law providing defense of the right to property.
Key words: inter-branch institute, defence of the right to property, universal notions, property as an object criminal law protection
Shiplyuk V. A. (Saint-Petersburg) Possibility of returning criminal cases to prosecutor at the different stages of judicial examination by court
In the article legal aspects of returning criminal cases to prosecutor at the different stages of judicial examination by court are researched. The author analyzes different points of view on this problem, expends his position and offers amendments to Criminal Procedural Code of the RF.
Key words: returning criminal cases to prosecutor, initiative of criminal cases returning, freedom of evidence estimation, reasons of criminal cases returning
LAW-MAKING ISSUES
Mayfat A. V. (Yekaterinburg) About necessity to adopt federal law «On reproductive rights of citizens in the Russian Federation»
The necessity to adopt federal law «On reproductive rights of citizens in the Russian Federation» is proved in the article. The author expends his arguments in support of such decision on the base of modern level of development of the reproductive technologies, experience of other countries, necessity to defence the rights and legal interests of the citizens.
Key words: reproductive rights, artificial impregnation, embryo implantation, genetic material
JUDICIAL PRACTICE
Mateykovitch M. S., Klikushin A. A. (Tyumen) The problems of voting rights’ judicial defence
The article is devoted to analysis of some problems of citizen’s voting right realization, mechanisms of its defence by courts of general jurisdiction including the Supreme Court of the Russian Federation.
Key words: voting right, judicial protection, electoral process, elections
The review of judicial practice on the disputes connected with application of legislation on the stock rights and on determination of shares in the charter capital of the limited liability companies
The material represents generalized arbitration courts practice on the disputes on the stock rights and on determination of shares in the charter capital of the limited liability companies.
Key words: stock rights, limited liability company, charter capital, owners’ register, determination of shares
EXPERTISE
Kuznetzov P. S. (Yekaterinburg) Absent traces and the absence of traces (gnoseological and ontological aspects)
On the basis of the carried out generalization questions of absence of traces, as real phenomenon in the legal knowledge, given to us through sensations of other displays and existing in the diversified displays are considered. Absent is present and it is actively involved in process of legal knowledge. Numerous examples of use of absent traces in legal practice are resulted.
Key words: absence of traces, establishment, representation, negative traces, cooperation
SPECIAL CASES
Disputable question of administrative offence qualification: "again" not yet "twice"
The difficulties of art. 4.4, 4.6, p. 4 of art. 12.8 of Code of the RF on Administrative Responsibility are disclosed, recommendations on legal regulation of administrative responsibility are given.
Key words: administrative responsibility, vehicle, repeated administrative offence, deprivation of rights
THE PROBLEMS OF JUDICIAL SCIENCE AND EDUCATION
Kosarev A. I. (Moscow) On historical disciplines teaching in juridical colleges
The author discusses the problems of structure and orientation of historical disciplines teaching in juridical colleges, problems fundamental and applied knowledge correlation. He suggests to teach unified discipline of history of state and law replacing present multiple courses.
Key words: historical disciplines teaching, history of state and law, methodical character of juridical education, appropriateness of development studying
YOUNG SCIENTIST TRIBUNE
Levenkov P. V. (Moscow) Is it multiparty or plurality of the parties?
In the article the author brings into question the existence of a real political multiparty in modern Russia, defining the state of the indicated constitutional principle as an actual plurality of parties. With tha, as one of the conditions for transition to the formation of real multiparty and the appearance of valuable political competition the author indicates the need of adopting the separate law which regulates the oppositional activity.
Key words: political multiparty, plurality of parties, political competition, oppositional activity, political compromise
Penigin V. Yu. (Yekaterinburg) The granting of the social supporting measures in monetary form (on the example of the Sverdlovsk region)
In the article the problem analysis of legislative realization of subjects of the RF transition to granting of social supporting measures for different groups of citizens in monetary form is given.
Key words: social support, natural form, monetary form, benefits’ adequacy, social measures indexation
Cherkasova O. V. (Yekaterinburg) Historical concepts of establishment of child origin in the family law
The article is devoted to historical views in Russia on question of establishment of child origin on the base of history, culture, doctrine and legal regulation.
Key words: way of family life, relations between children and parents, historical concepts of origin, social conception
Polushkin A. V. (Yekaterinburg) On the notion of information offences
In the article the authors’ position on legal nature and features of information offences is disclosed. The author suggests the concept of institute of responsibility for information offences.
Key words: information offence, information sphere, information measures, conflicts in information sphere, responsibility for information offence
Bajkin I. M. (Kushva) Independence of the public prosecutor office – pledge of its activity efficiency
In the article the questions of further prospects of bodies of office of public prosecutor activity in the case of a transfer of «the general supervision» function to the Ministry of Justice of the Russian Federation are investigated. The author does not support a position of some researchers on inclusion of public prosecutor office in structure of Ministry of Justice and in a substantiation of his position adduces theoretical and practical reasons.
Key words: bodies of office of public prosecutor activity, general supervision, Ministry of Justice of the Russian Federation, function of state prosecution, general control theory
Kurdyukova A. V. (Yekaterinburg) Procedural form in the cases on terrorist crimes
In the article peculiarities of proceedings on the terrorist crimes cases are analyzed. The author formulates some propositions on criminal procedural legislation improvement.
Key words: terrorist crimes, criminal procedural legislation, expertise, evidence, preliminary investigation
CHRONICLE
Travelling conference of the Russian historical and legal society «Actual questions of historical and legal science» (2008, October 18-19)
In the material brief information on the Russian historical and legal society is given, the main statements made at the conference «Actual questions of historical and legal science» (2008, October 18-19, which took place in Kyshtym) are covered.
Key words: Russian historical and legal society, historical disciplines, the Russian law sources, history of the Russian law, foreign law history
LIBRARY
Kozachenko I. Ya. (Yekaterinburg) Review of the book: Naumov A. V. Russian criminal law: Course of Lectures in 3 volumes. 4 ed., – Moscow, 2007. 1842 p.