Annotations №4 / 2010

JURIDICAL CONGRESS IN YEKATERINBURG

IV Session of Euro-Asian juridical congress

Review of expert opinions and resolutions of expert groups

The first batch of materials of the 4th session of Euro-Asian juridical congress including reviews of experts groups and their resolutions on the problems of economic-legal ways of counteracting transnational organized crime, on the issues of stock market legal regulation in the context of innovative economics globalization, ensuring legal support for Russia, SCO and EurAsEC member states energy sector cooperation, ensuring legal support for intrastate partnership and integration in the sphere of economic cooperation, finance, taxation, and customs relations.

THEORY OF LAW AND STATE

Obrazhiyev K. V. (Moscow) Legal sources of law: the issues of a theoretical definition

The article deals with different doctrines’ approaches to the apprehension and definition of the official (legal) sources of law; their characteristics are examined, and the author’s definition is formulated on that basis.

Key words: sources of law, official sources of law, legal sources of law, external forms of law

PUBLIC ISSUES AND POLITICAL SCIENCE

Gryaznova T. Ye. (Omsk) Conception of democracy of P. N. Novgorodtsev

Theory of democracy of P. N. Novgorodtsev is disclosed in the key of theory of natural law “revival” and conversion to the system of moral idealism. The Russian scientist developed democracy theory based on idea of absolute moral value of a person. Democracy is interpreted as a system of political relativism: system of universal tolerance and the widest assumptions and possibilities where political and legal institutes are established in the issue of free game of life interests and political forces.

Key words: democracy, Novgorodtsev P. N., relativism, personality

Belkovich R. Yu. (Moscow) Anarchist individualism in the USA: the paradoxes of statehood in the modern era

The article focuses on the origins of anarchist individualism theory in the USA. It explores the reflections of the leading proponents of American anarchist individualism on the transformation of natural law and social contract concepts in the XIX century.

Key words: anarchist individualism, USA, natural law, social contract, Enlightenment

Vaskova M. G. (Barnaul) Problems of establishment and realization of electronic democracy in electronic state

The problems of electronic state, electronic government and electronic democracy in Russia are examined. The brief analysis of the modern Russian normative regulation of electronic government and electronic democracy is made.

Key words: electronic state, electronic government, electronic democracy, cyberspace

INTERNATIONAL LAW

Ivanenko V. S. (Saint-Petersburg), Prokofyeva M. V. (Moscow), Loginov I. S (Moscow) Special status of Baikonur and the legal problems of broadcasting the Russian television channels on its territory

The article focuses on the special status of Baikonur, Kazakhstan, and on the legal problems of broadcasting the Russian television channels on its territory. Baikonur has the status of federal city for Russia, and its territory and the same name cosmodrome are leased by Russia. The mutual relations and legislative regulation of tv-broadcasting organizations of the two subjects of international law - Russia and the Republic of Kazakhstan are inquired into a question of this article.

Key words: television, Baikonur, international lease of territory of foreign countries, tv-broadcasting

Lazutin L. A. (Yekaterinburg) Agreements about confidence-building measures with Asian Pacific region states

Within the context of regional security in the Eurasian region agreements between the RF, Kazakhstan, Kirgizstan, Tajikistan and the PRC about strengthening confidence-building measures in military sphere near the border line and about mutual reduction of military forces near the border line are analyzed.

Key words: agreements about border co-operation, system of regional security, reduction of military forces, Asian Pacific region

ELECTORAL LAW AND PROCEDURE

Aranovskiy K. V. (Saint-Petersburg) Universal suffrage and its value grounds and costs

The author analyses the principle of universal suffrage in its value perception by people. In his opinion the value of this principle can be advanced with a help of declarative electoral registration instead of formal registration which allows to include in electoral list only those who applied for such a registration.

Key words: universal suffrage, elections, voter’s registration, declarative administrative registration

Lyubarev A. Ye. (Moscow) Regulation of electoral system in the legislation of the subjects of the RF

Alterations of Russian regional electoral laws in 2005–2009 connected with base electoral system parameters for regional legislature elections are discussed. It is concluded that in recent years the Russian regional electoral laws consistently reproduce trends of the federal electoral laws directed to restriction of electoral rights of citizens and making of preferences for the «party of power».

Keywords: electoral laws, electoral system, regional elections

LOCAL SELF-GOVERNMENT AND MUNICIPAL LAW

Belousova Ye. V. (Moscow) Election commission of municipal entity – municipal authority with undefined status

The legal status of election commission of municipal entities is examined. Doctrine positions and modern legislation are characterized. The suggestions on status of election commission of different municipal entities improvement are made.

Key words: municipal entity, election commission, elections, local self-government

CRIMINAL LAW AND PROCEDURE

Kolosovskiy V.V. (Chelyabinsk) Legality and qualification mistakes

All the qualification mistakes do harm the law practice, however, not all of them break the principle of legality.

Keywords: qualification mistakes, principle of legality

Skutin S. L. (Tyumen) Elements of criminal legislation of Russia system: opinion on the problem

The Criminal Code of the Russian Federation being a kernel of criminal legal system does not settle and reflect the national criminal legislation. Therefore it is important to understand the implied elements that are necessary for the application of the Criminal Code.

Key words: the criminal legislation, system, value and interaction of elements

Antonchenko V. V. (Ussuriysk) The problems of military criminality prevention

Using the analysis of the modern state of criminality prevention the author considers the key ways of preventing criminal behavior among military personnel. The article outlines the issues of general social prevention of criminal behavior among subject to military service in the economic, social and cultural – educational spheres and offers ways of improving legislative regulation and law practices.

Key words: army, criminality, army crimes, fighting crime, prevention of criminal behavior

Firsov M. L. (Vorkuta) The problems of qualification when defying the counterfeit cost an the cost of rights to use copyright objects

The article is devoted to the problems of defying the counterfeit cost and the cost of rights to use copyright objects when qualifying offences of copyright and similar rights. The author thoroughly analyses theoretical and practical aspects of the highlighted problem, suggests the most optimal ways of its decision.

Key words: release of copyright product, counterfeit cost, object of copyright, large scale, breach of copyright

CIVIL LAW AND PROCEDURE

Mankovskiy I. A. (Belarus, Minsk) Theories of juridical person matter: history of development and modern scientific approaches

In the article the comparative analysis of the most known in a science of civil law of theories of occurrence and essence of a legal construction «juridical person», developed by Western and also the Russian scientists is carried out. Influence of theoretical civil views on a juridical person’s construction on development of the rules of law regulating processes of creation and introduction is investigated.

Key words: juridical person matter, fictitious subject, doctrine

Kojevina Ye. V. (Yekaterinburg) Factual agreement relations

Non-typical ways of obligation appearance are analyzed. There are a number of judicial decisions that recognize a contract being not concluded for all that the parties of the contract do have an agreement regulated by law. An obligation occur when the contract was fulfilled by the party and the other accepts such execution.

Key words: factual agreement relations, contract, juridical fact

Volojanin V. P. (Yekaterinburg) About several branch principles of arbitration proceedings

Several principles of arbitration proceedings are disclosed. The author analyses the problems of their interdependence, interpretation and normative fixation.

Key words: co-operation, competence of competencies, confidentiality, branch principles

Burachevskiy D. V. (Yekaterinburg) Is participation in the joint-stock company an economical activity proceeding from arbitration court jurisdiction?

The author examines the principles of economical activity concerning the institute of arbitration court jurisdiction and that activity concerning participation in a joint-stock company also includes such principles.

Key words: joint-stock company, economical activity, arbitration court jurisdiction

ECONOMICS AND LAW

Gribanov D. V. (Yekaterinburg) Intellectual resources and legal regulation of innovative economy

Article is devoted to the problems of innovative development of the Russian Federation, their causes and ways of solving. The author gives the characteristics of the basic tendencies of the present stage of the social development based on innovations. Special attention is payed to the questions of legal regulation of public relations in sphere of innovative activity. Offers the refining of the legislation in the field of innovations are formulated.

Key words: innovations, innovative activity, innovative development, intellectual property, legal regulation

Gubareva A. V. (Yekaterinburg) External economic law in a formative stage and problems in this area

External economic activity is a prospective sector of the national economy, which has been developing greatly. This sector of national economy is bound up in problems of currency, customs, license, tariff & trade regulations. The article is devoted to problems of formative in external economic law. The author establishes a fact of existing external economic law as a branch of business law, which has it’s own subject, method, sources of legal regulation, economic agents.

Key words: business law, external economic law, external economic politics, external economic risks

LABOUR AND SOCIAL LAW

Zhiltsov M. A. (Yekaterinburg) Incorporation as a way of eliminating of the labour law system defects

The Labour Code of the Russian Federation (2001) did not solved labor legislation codification problems. Now legislators must eliminate system defects of the labor legislation. The author of the article analyses the defects of the labor legislation and suggests the way of eliminating them by incorporation.

Key words: labour law, The Labour Code of the RF, Constitutional Court of the RF

SPECIAL CASES

Paradoxes of administrative reform

Some controversial and even insoluble situations which can be found in the Russian legislation in connection with administrative reform in the system of state management are examined.

Key words: administrative reform, anti-corruption expertise, state services

PAGES OF HISTORY

Drapkin L. Ya (Yekaterinburg) Pages from investigators diary

This is the forth part of autobiographical essay of one the prominent criminalist of modern Russia – professor L. Ya. Drapkin.

Key words: criminalist, investigator, criminalistics, versions, prominent

Gagen S. Ya. (Yekaterinburg) The foreseeability of judgment as an important demand of the common legal consciousness in late Byzantium

The change of economic situation in late Byzantium provoked a new economic and legal consciousnesses and a lot of the economic lawsuits by common people. The judicial system of late Byzantium consisted of two independent of each other judicial hierarchies, the clerical and the secular one which were not able to decide the same lawsuits in the same way. Thus common people imputed partiality and corruptibility to the judges. On the other side in common legal consciousness the idea are vailed that the impossibility to foresee the judgment in one and the same lawsuit was the main reason of the fact that jurisdiction was inefficient.

Key words: judicial system, Byzantium, corruption, panel of judges

Sokolova Ye. S. (Yekaterinburg) The problem of class self-identification of the Russian nobility in the context of historical legal aspects of Pusnkin’s heritage of 1830s

Historical legal aspects of class self-identification of the Russian intellectual elite of the 1st third of XIX c. are disclosed in the article. The author suggests to broad methodological instruments of historical legal science through anthropological factor within which context any historical source with legal contents is made.

Key words: self-identification, Pusnkin’s heritage, elite, ontology

EXPERTISE

Belyakov A. L. (Ozersk), Ebinger V. V. (Chelyabinsk) Identification of a man through dynamic teeth marks

The material represents the results of trasological expertise on the crime of residential burglary in Chelyabinsk oblast. The expert had to answer the question where the marks on the can cover had been made by a man whose dental model was submit.

Key words: trasology, identification, teeth marks, dynamic mark

LIBRARY

Kurdyukov G. I., Mezyaev A. B., Nugaeva N. G. (Kazan) Review of the book: «International Law: textbook / ed. by G. V. Ignatenko, O. I. Tiunov. – 5th ed., rev. and suppl. – М.: Norma: Infra-M, 2009. – 784 p.»

Fedorov I. V. (Yekaterinburg) Review of the book: «International Law: textbook. / ed. by V. I. Kuznetsov, B. R. Tuzmuhamedov - 3rd ed. M.: Norma: Infra-M, 2010 – 720 p.»

DOCUMENTS

Report of Ombudsman of the Russian Federation 2009