Annotations № 4 / 2009
LAW AND… LIFE
Romanovskiy G. B. (Penza) Jurisprudence and thanatology
In the article influence of thanatology (the doctrine about death) on jurisprudence is considered. Proceeding from features of human nature, occurrence of the international humanitarian law, the attitude of the state to suicide, displays of extremism are analyzed. Other spheres of interaction of the law and thanatology are allocated: death as process, aspiration to immortality, the posthumous attitude to a body of the person.
Key words: jurisprudence, thanatology, man, life, death, international humanitarian law, criminality, suicide, life quality
JURIDICAL COMMUNITY
The problems of constitution jurisprudence of the subjects of the RF: professor
M. A. Mituykov (Moscow) and docent A. V. Bezrukov (Krasnoyarsk) conversation
Professor M. A. Mituykov tells A. V. Bezrukov about constitution jurisprudence in the subjects of the RF formation, its contemporary conditions and perspective of development.
Key words: constitutional courts, regional constitution jurisprudence, competence, judge status, Constitutional Court of the RF, constitutions of the subjects of the RF
METHODOLOGY OF STATE AND LAW RESEARCH
Mikhailov A. M. (Yekaterinburg) Universal paths of law formation: German historical school of law and the common law system
In the article the thesis of historical school of law about universal way of law formation (from customary law through lawyers’ law to the stage of codification) is challenged. The author argues that this scheme could not be extended in full onto the common law system.
Key words: historical school of law, law formation, customary law, lawyers’ law, codification, case law, civil law, common law
Bert van Roermund (Tilburg, the Netherlands) Learning learned law in Europe: the problem of conceptual divergence
Situation of conceptual divergence in European law is analyzed. It is quite often used tactically in order to argue one’s favourite pursuit, thus stirring up rather than ending conflicts. This does not necessarily threaten the unity of European law, but – under certain constraints – it may actually embody and further this unity.
Key words: conceptual divergence, official language, harmonization, European law, European Union, comparative law
Osipyan B. A. (Moscow) Causes of illegal behavior: spiritual aspects
In the article spirit-cultural base of people’s behavior including their illegal behavior is analyzed. The author shows significance of religion, morality, ethics norms and so on for formation of legal behavior purposes.
Key words: illegal behavior, faith, unfaith, consciousness, world outlook, life experience, uncontrollability, arbitrariness, public opinion
PUBLIC USSUES AND POLITICAL SCIENCE
Kakimzhanov M. T. (Kustanay, Kazakhstan) Legislation on social grounds in the Republic of Kazakhstan
In the article problems of formation of civil society in Kazakhstan and necessity for its legislation changing are analyzed. The author pays specific attention to legislation on public organizations and mass media.
Key words: legislation, social grounds, civil society, legal state, public organizations, mass media
Leksin I. V. (Moscow) Evolution of territorial organization of Germany after World War II
This article is the fourth one of a series of prospective publications devoted to German federalism. The author examines evolution of territorial organization of Germany after World War II, namely, development of new German lands, reforms of local government, and basic trends in territorial organization of local self-government.
Key words: Germany, new German lands, World War II, evolution, basic trends, German federalism, reforms of local government
LEGAL REGIME GROUNDS
Krylov B. S. (Moscow) The institute of referendum in Russia and abroad
In the article the significance of the institute of referendum for democracy is shown. The author discusses some problems of legal regulation of referendum in Russia and other countries particularly the need of elimination of power bodies discretion on referendum appointment.
Key words: referendum, the sphere of referendum implementation, members of the referendum poll, referendum legislation
Belykh S. V. (Yekaterinburg) Constitutional bases of commercial activity in the Russian Federation
The author makes definition of commercial activity as complex subject of legal regulation, formulates the understanding of its constitutional bases. In their maintenance it allocates three elements: stimulation of formation of the interbranch standard file regulating commercial activity; a formulation of uniform values, the purposes, principles for the norms of all branches of the right regulating commercial activity; the coordination of the named norms among themselves and an estimation of branch norms about their constitutionality.
Key words: constitutional bases, commercial activity, the right of everyone to a free using his abilities and property for commercial activity, private commodity recognition and safe
INTERNATIONAL LAW
Lyutov N. L. (Moscow) Employees informing and consulting in the European Union law
The article analyses the European Union system of employees' right for information and consultation. Attention is stressed at the European Council Directive on European Works Councils (94/45/EC of 22 September 1994) and Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community. The links between trade union and works councils systems are being analyzed.
Key words: employees, information and consultation rights, works councils, trade unions, labour law, employers, employees
RUSSIAN FEDERATION AND ITS SUBJECTS
Yusubov E. S. (Tomsk) Some problems of the theory of the Russian federalism
Methodological and theoretical problems of the study of the Russian federalism are being analyzed in the article. The author pays special attention to the importance of interdisciplinary research of this phenomenon. He also considers important to deep the concepts of federalism in the framework of methodology of cultural and historical researches.
Key words: theory of federalism, Russian federalism, integration, disintegration, principle of historical method, synergetica, system researches, loose confederative formation, national factor
LOCAL SELF-GOVERNMENT AND MUNICIPAL LAW
Shugrina E. S. (Moscow) Control organ of a municipal formation
The article represents a law model of a municipal formation control organ, shows distinction of this organ from other finance control organs. The author analyzes courts decisions tied with control organs formation.
Key words: a municipal formation, control organ, the structure of local self-government organs, ustav of a municipal formation
QUICK COMMENT
Rusinov V. I. (Yekaterinburg) Control organ and municipal ordinary practice
This material is a short representation of authors’ point of view on reasonableness of control organs formation in the municipal formations. Author means that for control autonomous organs a status of municipal organs is more organic than a status of local self-government organs.
Key words: control organ, local self-government organ, municipal organ, the questions of local significance
ECONOMICS AND LAW
Ukhlova E. V. (Saransk) Federal and regional legislation on restrictions of citizens’ rights to a land
The article is devoted to analysis of restrictions of citizen’s rights to a land in regional legislation. The author examines types and content of such restrictions at the territory with specific utilization and protection regime, classifies specific protection nature territories of regional and local significance.
Key words: restrictions of citizens’ rights to a land, public interest, specific regime of utilization and protection a land, specific conditions of land plots using, regime of economic activity, effective use of land
CIVIL LAW AND PROCEDURE
Slepenkova O. A. (Ulyanovsk) On the problem of principals and limits of civil rights execution correlation
In the article the author analyzes different points of view and briefly sets out his position on the problem of a nature of civil rights execution limits and correlation of this limits and principals of civil rights execution.
Key words: subjective rights, civil rights execution, principals, limits, subjective rights restrictions
Gribanov D. V. (Yekaterinburg) Copyright in science, education and publishing
The article is devoted to the problems of copyright notion and protection in such spheres as science, education and publishing.
Key words: intellectual property, copyright, innovation activity
ADMINISTRATIVE LAW AND PROCEDURE
Osintsev D. V. (Yekaterinburg) Understanding of administrative process as methodological problem
In the article the author analyzes different points of view and formulates his own position on the notions of «administrative process», «administrative proceedings», «administrative procedure».
Key words: activity, administrative process, administrative procedures, forms of administrative operations and procedures, administrative proceedings
CRIMINAL LAW AND PROCEDURE
Sysoev A. M. (Vologda) Criminal responsibility for extremist crimes
In the article criminal legislation in the part of establishment of criminal responsibility for extremist crimes committed by the members of extremist groups (criminal groups) is analyzed.
Key words: extremist group, criminal group, criminal organization, legal responsibility, extremist crimes
LAW-MAKING USSUES
Kochev V. A. (Perm) About adoption and publication of some laws
The author attracts attention to the problems of legislative technique rules compliance in the view of the federal laws adoption.
Key words: the law of the RF about amendment to Constitution of the RF, Presidents’ letter, official publication, law requisites
JUDICIAL PRACTICE
Krupina M. S. (Yekaterinburg) About prosecutors’ right to challenge the decisions on administrative offences which have not entered into force in the arbitral courts.
The author analyzes in detail theoretical conceptions, judicial attitude and develops common approaches towards resolving problems arising from challenging by prosecutor the arbitral court decisions on administrative offences which have not entered into force.
Key words: prosecutor, decision on administrative offence, challenge, arbitral court
Libanova S. E. (Kurgan) Advocate protection of agricultural land owners’ rights
Advocate protection of agricultural land owners’ rights in courts is complicated by spaced legislation and divergent judicial practice. These problems can be solved through direct using of Constitution of the RF.
Key words: agricultural land, owners, land rights limitation, preemptive right, intention to land plot sale
The review of judicial practice on the disputes connected with contestation of action (inaction) of the Federal registration service on registration of real estate rights
The material represents generalized arbitration courts practice on the disputes, connected with contestation of action (inaction) of the Federal registration service on registration of real estate rights
Key words: real estate, state registration, limitation (charge), Unified state registry on real estate rights and contracts, arbitration court
EXPERTISE
Proshlyakov A. D. (Yekaterinburg) Private assessment and resolution appeal
The material represents expert opinion on the Sverdlovsk oblast Bar advocate inquiry on the problem of private assessment and resolution of the first instance court appellation.
Key words: the first instance court, private assessment, resolution, cassation, appellation
SPECIAL CASES
Judicial experience of jurisdictional immunity of Russia realization: “I have no jurisdiction on myself”
Authors’ position on High Arbitral Court of the RF practice on art. 251 of APC use towards Russia in the Russian arbitral courts is represented in material.
Key words: immunity, jurisdictional immunity, judicial practice, immunity of the RF
ROUND TABLE
Humanitarian erudition of a jurist: world outlook and methodology
The round table member speeches on world outlook and methodological problems of juridical education are represented in this material. Main attention is paid to place and role of humanitarian sciences in this process.
Key words: humanity of juridical profession, sociology of law, philosophy of law, culturology, logic, specialize courses, factual rights, meta-juridical knowledge, juridical world outlook
YOUNG SCIENTIST TRIBUNE
Tokarev D. N. (Izhevsk) On the notion of society political system
The purpose of the article is a critic analysis of different points of view on political system definition, determination of «juridical» criteria for including in it some elements, formation of author’s definition of political system.
Key words: society, state, political government, political system, theory of political systems
Bondar N. Yu. (Saint-Petersburg) Public control institute over state organs in Russia
Realisation of the constitutional principle of democracy demands a legislative establishment of public control procedures over activity of public authorities. Meanwhile, in itself lawmaking is the labour-consuming procedure that includes definition of the basic signs of adjustable relations necessary for a legislative establishment of considered institute.
Key words: Russian civil society, state, legislation, power of people, public control
Zuev V.A. (Kamensk-Uralskiy) Interaction between the Prosecutor’s Office and the Public Reception Rooms under the commissioner for human rights.
This article illustrates the work of the Public Reception Rooms created under the commissioners for human rights in the Russian Federation, and the role of this work in the execution of the right-invariant function by the organs of the Prosecutor’s Office.
Key words: the commissioner for human rights, the organs of the Prosecutor’s Office, the Public Reception Room, appeals of citizens, right-invariant function, concerted action
Shabalina S. S. (Yekaterinburg) Execution of a state religious expertise
In the article legislation base of religious expertise in Russia is analyzed, examples from religious expertise’s practice and valuation it by court are given.
Key words: religious organization, state registration, religious expertise, experts, expert council
LIBRARY
Avakyan S. A., Chirkin V. E. (Moscow) Review of the book: Dobrynin N. M. Russian federalism: genesis, evolution. Selected works in 2 vol. Novosibirsk, – Science, 2008. – 1 vol. – 316 с., 2 vol. – 493 с.