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Politics and Society
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MAIN PAGE > Journal "Politics and Society" > Contents of Issue ¹ 01/2006
Contents of Issue ¹ 01/2006
Question at hand
Tolibov, I.I. - Legislation of the Republic Uzbekistan on non-governmental non-commercial organizations: problems and perspectives. pp. 4-24
Abstract: I.I. Tolibov’s article contains analysis of the system of legislation on non-commercial non-governmental organizations (NGOs), created after the Republic Uzbekistan became independent. In particular, the study concerns the provisions of the Constitution of the Republic Uzbekistan of 1992, the Civil Code of 1996, the Law “On non-governmental non-commercial organizations” of 1999, the Law “On public institutions” of 1991, the Law “On public funds” of 2003 and other laws, devoted to particular organizational forms of non-governmental non-commercial organizations. Mr. Tolibov analyzes existing defects and collisions in the legislation and practice.
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E.S. Smirnova - Some regional problems related to social rights afforded to the migrant workers (constitutional and international legal regulation) pp. 72-78
Abstract: Recent events in France reminded us of the need for a flexible legal policy, recognizing all the relevant factors and national interests, as well as the human rights value, in a state, where there is a large number of migrant workers, and it also reminded us of what kind of consequences might ensue, if this rule if not followed. Migration processes indicate the development of a number of aspects of a state: political, ethnosocial and labor market. These processes are influenced by changes, taking place both within one specific state, and within the international community as a whole. This article contains analysis of this problem ”in motion” – from the 1950s to the current time.
The heritage of transformation
Zhiltsov, S.V. - Some political and legal aspects of capital punishment in the Russian history. pp. 108-116
Abstract: As the author of this article notes, the issue of capital punishment in Russia does not lose its topicality, and it should be evaluated taking into account the use of capital punishment in the history of Russian state. In Russia the crimes against the state were traditionally considered to be most dangerous and were punished by a death penalty, while a premediated murder was not punished with a dealth penalty since mid-XVIII century. Thus, the history of capital punishment in Russia shows that there has always been a political approach to its application. Thus, the object of protection (and capital punishment was used as means of such protection) has always been the state itself, its security, its unity, its property, and not a person or his life.
Kornev, V.N. - The federation doctrine in the Russian legal science before the Revolution. pp. 116-130
Abstract: Many issues related to the forms of statehood, which still retain their topicality and cause much discussion among the scholars, legal practitioners and state officials, were the subject of studies of the Russian legal scholars before the Russian Revolution. This article is aimed at analysis of the views of such prominent legal scholars, as N.M. Korkunov, S.A. Kotlyarevsky, F.F. Kokoshkin, N.I. Lazarevsky, N.I. Palienko, on this issue.
Conflict and consensus
Smirnov, M.G. - On the system and character of the norms, regulating internal armed conflicts. pp. 33-39
Abstract: M.G. Smirnov’s article contains analysis of development of the norms of international humanitarian law since the time of F. Martens to our time. The author also studies the value of provisions of the Geneva Conventions and Protocols to them in the modern world, characterizes the modern law of international conflicts.
Podolny, N.A. - Criminal judicial procedure in the Russia: the conflict of two realities: imaginary and real. pp. 39-49
Abstract: Comparison of the sheer amount of criticism aimed at the previous Criminal Procedural Code of the Russian Federation (CPC RF) and the current CPC RF may assure one that the new law is worse than the old one. Is it really so? In order to answer this question, one must study the basis of the criticism. Is it the objective catastrophical situation in the sphere of criminal judicial procedure? Or is it a subjective sence of “dead end” among some law-enforcement authorities, facing the new conceptual approaches to the judicial proceedings within the current CPC RF.
Morality and politics
Borisova-Zharova, V.G. - Evolution of the views on the nature of human rights in the sphere of public health. pp. 57-62
Abstract: What is the place of human rights in the sphere of public health within the framework of basic rights and freedoms? Is the right to health a basic right or an optional right? What mechanisms of realization of this right exist in practice, and what should be done to make these mechanisms more effective? V.G. Borisova-Zharova’s article provides answers to these and other questions.
State and civil society
T.V. Kashirina - Judicial reform in Russia: formation and development of the trial by jury. pp. 25-29
Abstract: Trial by jury has became a new form of judicial proceedings within the framework of the Russian legal reality, and it changed the existing shape of the criminal judicial procedure overall. The current concept of judicial reform provides for a central role of trial by jury in the process of democratization of criminal processs. At the same time trial by jury is reestablished only in several subjects of the Russian Federation. Moreover, introduction of this legal institution causes much discussion in the Russian society among lawyers, scholars and state officials. In this article the author studies Russian legal history and reviews the process of introduction and development of the trial by jury before the Russian Revolution.
National security
Krasinsky, V.V. - Constitutional-legal regulation of the Russian citizenship within the framework of ensuring national security. pp. 63-71
Abstract: V.V. Krasinsky’s article concerns the study of current Russian legislation and international provisions on the issues of citizenship within the framework of national security of the Russian Federation, as well as topical modern tendencies. In particular, the author reviews the issues of citizenship related to the union between the Russian Federation and the Republic of Byelorus, offers possible solutions.
The nationality issue
Gusaeva, K.G. - Activities of state bodies in the sphere of regulation of conflicts among the nations within the Republic of Dagestan. pp. 50-56
Abstract: The Northern Caucausus region in general and the Republic Dagestan in particular became the eye of the storm of the conflicts between different peoples in Russia after the fall of the USSR. In this very region many latent conflict came into the active stage and two of them – Chechen and Ingush-Ossetin became armed conflicts. K.G. Gusaeva’s article contains analysis of history and current conditions at the region, criticism of government activities in it.
Main human rights and liberties
Yunusov, A.A., Yunusov, M.A. - Human rights as a civilization phenomenon and as a general human value. pp. 79-89
Abstract: A wish to live in a civilized state does not necessary presuppose the need to go abroad and leave Russia. In any case, we remain essentially Russian, and no one can make us Americans or Germans. However, the question is how to protect our best qualities: our spiritual values, kindness, patience, readiness to help other people, while teaching us to be responsible and careful, to take initiatives an to abide by law? How to make us respect the rights of the weak, of the national minorities, and, generally, the right of people to life? In other words, the central issue of this article is how to enter a civilized world community and keep our Russian spiritual values?
ANTHROPOLOGY AND ETHNOGENESIS
Varfolomeev, Y.V. - “We have but quite unclear information on the Pavlovsky case” (previously unknown letters of the attorney A.Y. Passover to the Muscovite “young lawyers” on the case of Pavlovsky sectarians) pp. 97-107
Abstract: At the verge of the XIX and XX centuries there was a number of “religious cases” in Russia. The first such case was a so-called “Pavlovsky sectarians case”, which caused much social resonance in spite of the fact that it was a “closed” judicial process. This case clearly shows the contradictions between the official government and the various religious movements, and it attracted attention of a famous Russian writer Leo Tolstoy. Y.V. Varfolomeev’s article is devoted to the review of the events, which led to to this process, as well as to the history of the judicial process itself. It also includes previously unknown letters by A.Y. Passover to the “young lawyers”, who handled defence in this case.
Issues of social partnership
Buryanov, S.A. - On violations of the Constitution of the Russian Federation in the sphere of freedom of conscience in 2005. pp. 0-0
Abstract: In 2005 there were threats, assaults, beatings, burnings and other acts of vandalism aimed at the religious sites and homes of believers of various confessions. S.A. Buryanov’s article contains detailed analysis of the situation in the sphere of ensuring and protecting the freedom of conscience in Russia. Author studies a number of conceptual aspects of a problem, including current legislation on the freedom of conscience, noting ambiguity of a number of formulations and illegal principles in the the Federal Law “On the freedom of conscience and religious associations” and regional laws in this sphere. The author also studies the practice of “anti-sectarian” measures, taken by the law-enforcement bodies, evaluates specific situations, which took place in Russia in 2005.
Biblion
Svechnikova, L.G., Gaydabura, I.G. - Formation of the Russian administration in the Northern Caucasia in the 40ies of XVIII to XIX centuries. pp. 141-143
Abstract: The societies of the mountain-dwellers of the Northern Caucasia in the first half of the XIX century became subject to introduction of specific political and administrative institutions, aimed at study, police control and indirect management of these territories. These measures formed the basis for the administrative and political sphere of the Northen Caucasia region of the Russian Empire. The police system, in spite of its imperfections, played an important role in management of the region, and the foundations were layed for the transformation of the region in future. However, the then-existing system was only good as a temporary measure, and by the end of the Caucasia war it lost its efficiency and stalled operative management of the region.
Bayev, V.G. - Political regime in Germany after the union: Bismarck and the German constitutionalism in the 80s of the XIX century. pp. 143-151
Abstract: In this article Professor V.G. Bayev studies the issue of the role of the Prussian junker Otto fon Bismarck in the formation of the constitutional structure of Germany. As the author notes, due to his nature as a junker, Bismarck had never been a fan of constitutionalism. At the same time it was obvious to him, that Prussia should be a constitutional state in order to head the process of unification…
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