Annotations № 1 / 2012

THEORY OF LAW AND STATE

Magomedov Sh. B., Butaev G. R. (Makhachkala) Theoretical bases of the social state in the modern period

Various interpretations of the theoretical and legal idea of the social state are analyzed. The authors in detail state their own vision of theoretical bases of the social state in the modern period.

Key words: the social state, the worthy life, the comprehensive employment, living wage, the social infrastructure

Panchenko V. Yu. (Krasnoyarsk) Approaches to concept of «legal aid» in contemporary Russian jurisprudence

The article studies various approaches to understanding the phenomenon of legal aid prevailing in contemporary Russian jurisprudence. Author analyzes in detail theoretical understanding of legal aid based on «legal aid» concepts functions’ and offers the distinctive features of legal aid in comparison with other kinds of legal activities.

Key words: judicial aid, legal aid, legal activities, legal means, ensuring of right

PUBLIC ISSUES AND POLITICAL SCIENCE

Litvinov V. A. (Omsk) Problem of sovereignty in a federal state

The article comprehends the issue of sovereignty and its belonging in a federal state and examines different points of view on the stated problem.

Key words: sovereignty, state, territory, unity, notion, organization, indication, from

Bochilo A. E. (Barnaul) Correlation of the categories «regulation» and «protection» of the rights and freedom of the individual in the judgements of Constitutional Court of the RF and in the judgements of the Constitutional Courts of the regions of the RF (conceptual grounds)

The problem of the correlation of the categories «regulation» and «protection» of the rights and freedom of the individual in the context of the constitutional principle of the Russian federal system is researched in terms of the analyses of the judgements of Constitutional Court of the RF and of the Constitutional Courts of the regions of RF.

Key words: constitutional law, federalism, human rights

ELECTION LAW AND ELECTION PROCEDURE

Cherepanov V. A. (Stavropol) On the question of derogation of citizen’s election rights

Problem of derogation of election rights is analyzed, some cases of derogation of election rights and principles of their permissible restrictions are considered.

Key words: restrictions of election rights, derogation of election rights, principle of proportionality, principle of permission

COMPARATIVE JURISPRUDENCE

Belikova K. M. (Moscow) Mergers and acquisitions of undertakings in Latin American countries

Concentration of capital and production are main streams of modern economic development. In this connection mergers and acquisitions are touched upon in the article as methods of execution of such a concentration taking on special significance at present.

Key words: Latin America, company law, transformation of companies, mergers and acquisitions, shareholders` and creditors` rights protection

INTERNATIONAL LAW

Merezhko A. A. (Kiev, Ukraine) Methodological fundamentals of psychological theory of international law

The article is devoted to the analysis of methodological fundamentals of psychological theory of international law. On the basis of psychological theory of law developed by Leon Petrazycki the author formulates the concept of international law in the light of this theory, analyzes methodological principles of psychological theory of international law, as well as its key concepts. Besides, the author considers possibilities of social psychology from the point of view of further development of psychological theory of law.

Key words: international law, theory of international law, psychological theory of international law, methodology of international law

Bezborodov Yu. S. (Yekaterinburg) The international legal integration: approaches to understanding the phenomenon

The article analyzes the international legal aspects of integration and globalization which are regarded as peculiar phenomena in the law in general and which have not yet been subjected to serious study in the science of international law. The author suggests that a proper understanding of the term international legal integration and correlation of integration and globalization.

Key words: integration, globalization, global rule of law, international law

CRIMINAL LAW AND PROCEDURE

Vinokurov V. N. (Krasnoyarsk) Understanding of direct object of a crime as social communication between subjects of relations and application of the criminal law

In the article value of understanding of direct object of a crime as social communication between subjects of relations is considered. Value of such understanding for definition of forms of fault, qualification of influence on the victim or a crime subject is considered at absence at them of the properties protected by the criminal law and questions of qualification of crimes and punishment appointment at a tresspass to two and more suffered are examined.

Key words: the subject of relations, the victim, attempt, set of crimes, direct object, social communications, comprehension of public danger

Sementsov V. A., Avakov O. O. (Krasnodar) On permissive and control activities in the areas of judicial pre-trial proceedings

Based on the Concept of Judicial Reform 1991 the article examines two procedural activities of the court in pretrial proceedings: permissive and controlling. The authors substantiate that the list of court decisions, as articulated in p. 2 art. 29 of the CCP of the RF are not exhaustive, as the court takes and other decisions within pre-trial proceedings. The requirements of the Code which would deprive the court an opportunity to cancel or modify its earlier decision in the pre-trial proceedings are critically assessed. The court activities connected with the resolution of issues arising on the investigation made by restricting the constitutional rights of citizens, as well as disputes over the legality and validity of the proceedings and adopted procedural decisions are shown as control.

Key words: judicial reform, pre-trial proceedings, the legality and reasonableness, judicial decisions, judicial review

Shabunin V. A. (Gryazi) Procedure for bringing as an accused requires changes

The article substantiates the necessity of granting the head of an investigative body the power to make decision on bringing as an accused and the proposed mechanism for the implementation of such powers with the introduction of corresponding amendments and additions in the CCP of the RF.

Key words: the chief of the investigating body, the investigator, bringing as an accused, change of charge

Detkov A. P. (Yekaterinburg) The dynamics of prison conflict situation

This article examines the dynamics of prison conflict, its main stages are identified and characterized by a measure of restraint and resolve prison conflicts.

Key words: prison conflict situation, the periods and stages of conflict, latent conflict, the escalation of conflict, ways to resolve prison conflicts

Kalinina O. M. (Yekaterinburg) Restriction of freedom: implementation issues

Restriction of freedom from the substantial party is a novel in the modern criminal code. In this connection there are many questions concerning a choice, appointments and executions of the given kind of punishment. The author specifies in problems of application of punishment in the form of freedom restriction and also pays attention to necessity of perfection of corresponding positions of the criminal law.

Key words: freedom restriction, the list of restrictions, conditional condemnation, the basic punishment, additional punishment, a sentence

Tokarchuk R. E. (Kemerovo) Evolution of concepts of the theft and robbery in the legislation of Emperor Peter I: historical-legal essay

In Russia till the 18th century the terms «theft» and «robbery» designated insidious (secret) pilferage and brave (open) pilferage, accordingly. In Article military 1715 from the German right was transferred and was approved of division on of pilferage with violence and of pilferage without violence that was socially is caused. Non-violent open and secret pilferage while translating was named theft, and pilferage with violent was named robbery. During the Reign of Peter I there was a situation, when the notions of theft and robbery were used in these two values at the same time, sharing the space of these regulations.

Key words: Sobornoe ulozhenie, Article military, theft, robbery, larceny, robbery, pilferage

CIVIL LAW AND PROCEDURE

Pavlova M. S. (Moscow) Institute of collective complaints for disputing decisions, actions (inaction) of government

There may situations in which the authorities violate the rights and lawful interests of two or more individuals or organizations. However in the civil procedure legislation of the Russian Federation there are practically no rules governing the procedure for submission to the court a collective complaint to contest the decisions, actions (inaction) of bodies. The author examines the legal nature of collective complaints, as well as the prerequisites of the right to appeal to the court two or more persons whose interests are compatible and not mutually exclusive.

Key words: production for disputing decisions, actions (inaction) of government, collective complaint, a class action, the procedural complicity

Korchemkina O. A. (Yekaterinburg) The concept and the attributes of a database as an object of law

The article contains the analysis of data-legal information character of databases, attributes which are in the foundation of database’s understanding in the capacity of the object of law are considered. The author accents a specificity of databases’ legal regime as hi-tech data entity.

Key words: database, information resource, sole rights (monopoly), information relationships, legal regime

LABOUR, EMPLOYMENT AND SOCIAL LAW

Guseva T. S. (Penza) Problems of realization of the right to social security of families with children in the Russian Federation

The article is devoted to the problems of the right to social security families with children. Analyzing the international legal norms, Russian legislation, the practice of the Constitutional Court the Russian Federation, the author reveals the problems of legal regulation and suggests ways to address them.

Key words: legislation, social security, family, pension, benefits

Arapchor O. M. (Yekaterinburg) Labour law preventive function legal grounds

The article is devoted to the analysis of labour law preventive function legal grounds. The understanding of law rules as legal grounds of preventive function is given. Various rules of labour law serving as legal grounds of preventive function are examined.

Key words: prevention, rights protection, preventive function, legal act, legal grounds, rights and lawful interests of labour law subjects

LEGAL ASPECTS OF ECOLOGY

Khotko A. V. (Cherkessk) Contestation of results of the state cadastral land valuation: legal positions of superior courts of Russia

At the present in Russia the institutionalization process of the precedential system is developing. The explanation of rules of law, which is contained in court acts of the Plenum and Presidium of the Superior Arbitration Court of the RF, Constitutional Court of the RF and Supreme Court of the RF, becomes of more defining significance in the appropriate application field. The last legislation changes: in land law, valuation activity law, arbitration procedural legislation and new legal positions of supreme courts of Russia on problems connecting with the reconsideration of results of the state cadastral land valuation, allow to balance state public fiscal interests and private-owner interests of land-users during evaluating land fee measure and are directed to the realization of the main principle of the land and ecological law – effective and efficient use of land.

Key words: the principle of charged land use, land fee, land tax, state cadastral land valuation, cadastral value, market value, land disputes, jurisdiction of arbitration courts, contestation of normative legal acts, efficient legal defense

Shirinovskaya A. S. (Yekaterinburg) Role of the Constitutional Court of the RF for ensuring the effective implementation of land legislation

The article is devoted to the analysis of the problems of implementation of the constitutional right to land protection. The author has considered the legal positions of the Russian Federation Constitutional Court concerning a range of questions arising from the land disputes.

Key words: title to land protection, land dispute, legal position Constitutional Court of the Russian Federation, land disputes regulation, land law

SPECIAL CASES

On law enforcement juridical constructions or mind games

Practice of law enforcement changing of juridical constructions is considered. The author gives examples of reducing, widening and misuse of juridical constructions.

Key words: juridical constructions, law enforcement activity, misuse

EXPERTISE

Dolgova O. B., Sokolova S. L., Vishnevskiy G. A., Kondrashov D. L., Alexandrov A. A. (Yekaterinburg) On the problem of the validity of conclusion on death time limitation

The exact setting of time limitations of death is determined by the need of investigation and courts’ practice which makes it important to correct the expert actions during the inspection of the corpse at the scene, validity and relevance of the finding of time limitation of death in expert opinions. The article presents an analysis of expert opinions on the diagnosis of time limitation of death the main difficulties in solving this problem are identified and classified, workarounds are suggested.

Key words: time of death, quality of expert activities, conclusions validity

PAGES OF HISTORY

Kodan S. V. (Yekaterinburg) The formation and development of system of legislation in Russia: major trends and stages (IX – beginning of XX centuries)

The article presents a synthesis view of the main trends and stages of formation and development of system of legislation in Russia in the period from its formation to the early XX centuries. Considering the genesis of the legislation, the author identifies the main stages of the system laws and the formation of their system, the reflection in this process government activity on improvement and systematization of the statutes. In the article the periods of formation and establishment of law in Russia are considered.

Key words: sources of law, legal system, systematization of legislation, system of legislation

Reshetnikov G. L. (Yekaterinburg) The question about «women's advocacy» in the pre-revolutionary Russia

The article is devoted to the Russian women's permission to the advocacy in the pre-revolutionary Russia.

Key words: women's movement, advocacy, attorney at law, private attorney

Gotsulenko A. V. (Yekaterinburg) Tactical features of specific investigative actions by the NKVD of the USSR in the mid-1930 s

The article is devoted to the history of the activities of the bodies of the NKVD of the USSR in the prewar years. The author analyzes the normative legal acts of the period and the archival materials of the FSB of Russia with the purpose of definition of basic procedural and tactical aspects of the investigation activity of the employees of the NKVD of the USSR.

Key words: history of the organs of the NKVD of the USSR, the tactic of investigative actions, the criminal process, the repression

PROMINENTIS JURISPERITUS

Bagautdinov F. N. (Kazan) Professor Vinaver A. M. in Kazan

Vinaver Alexander Markovich (1883-1947) Russian, Soviet scientists has worked in universities in Moscow, St. Petersburg, Tashkent, Kazan, Sverdlovsk. In 1938 was arrested and was released in 1944. The same year at the invitation of B. B. Cherepakhin arrived in Sverdlovsk Law Institute, where he was one of the founders of the Sverdlovsk school of civil law. The article is devoted to Kazan period of research and teaching of A. M. Vinaver.

Key words: Professor Vinaver A. M., history of legal education; Sverdlovsk school of civil law, Soviet law faculty of Kazan State University