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Politics and Society
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MAIN PAGE > Journal "Politics and Society" > Contents of Issue ¹ 03/2006
Contents of Issue ¹ 03/2006
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Zhiltsov, S.V. - Some political and legal aspects of capital punishment in the Russian history. pp. 116-124
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.
The heritage of transformation
Zatonsky, V.A. - State as a subject of political life of the society: efficiency issues. pp. 0-0
Abstract: Noting the negative attitude to the state in the modern Russian society, one should keep in mind that the state is an inalienable value, and while any government official or leader may be discharged, it is not the case with the state overall. At the same time it is necessary to review the scientific concept of the state so that it meets the challenges of the modern times. V.A. Zatonsky’s article contains analysis of the nature of the state and political life and their correlation. He reviews positions and definitions by a number of renowned legal scholars, and based on the analysis, he offers his own definitions, which he proposes as the definitions, which meet all the modern requirements.
Yunusov, A.A., Yunusov, M.A. - Human rights as a civilizational phenomenon and a general human value. pp. 47-55
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?
Morality and politics
Krasinsky, V.V. - Constitutional-legal regulation of the Russian citizenship within the framework of ensuring national security. pp. 4-12
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.
State and civil society
Obukhova, E.S. - Decisions of the European Court of Human Rights: value of participation of the Russian Federation as a jural state in international judicial process. pp. 27-37
Abstract: It is well known, that judicial precedent traditionally was not recognized as a source of Russian law. As E.S. Obukhova notes, practice of the European Court of Human Rights and its use by the Russian courts play a conciderable role in the process of recognition of place and value of judicial precedent within the Russian legal system. The article also contains the study of history of the issue, role of the Constitutional Court of the Russian Federation and the Resolutions of the Plenum of the Supreme Court of the Russian Federation in this sphere.
Koshemarina, S.V. - Freedom of speech and ensuring the right for election campaigning. pp. 37-46
Abstract: Till the recent times, the mass media tended to call any latest election campaign the dirtiest ever. At the same time any attempt of the government bodies to limit the rights of the journalists to express their opinions on all and any related issues was condemned as a violation of democratic principles of the Russian state. How did it happen that the mass media have a priviledged status in the sphere of freedom of speech? As the author of this article notes, it is no accident.
National security
Ryzhov, V.B. - Models of regional economical integration: comparative legal analysis. pp. 0-0
Abstract: This article by V.B. Ryzhov is devoted to the analysis of the regional integration units (such as the EU, and the MERCOSUR), among which, as the author notes, it is possible to single out certrain similar structures, existing in different regions and to find three major typical models of regional integration. The article includes the study of the inner structure of such unions, the ways that the governing bodies of these unions are formed, their relations with the states within and outside the union.
The nationality issue
Borisova-Zharova, V.G. - Evolution of the views on the nature of human rights in the sphere of public health. pp. 56-67
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.
Local self-government
Chepurnoy, A.G. - State policy on social protection of the disabled veterans of military operations in the Russian Federation: criteria of correlation of international and national law. pp. 0-0
Abstract: Disabled veterans are among the most socially vulnerable categories of people in Russia. In the early 2004 their number was approximately 43 000 people. The level of moral well-being and social protection of veterans greatly influences moral and psychological state and combativity of the acting military personnel. This article by the Chairman of the All-Russian Social Organization of the Afghanistan War Veterans A.G. Chepurnoy is devoted to the topical issues of formation and realization of the state policy on social protection of the disabled veterans, correlation of this policy with the international standards.
Vereschagin, S.G. - Tax and budget relations in the practice of political process at the current stage. pp. 13-26
Abstract: This article by S.G. Vereschagin is devoted to the problem of politization of the budget process and interbudgetary relations. As the author notes, the budget sphere is probably one most politicized part of the financial sphere of the state management, so the unsufficiently concidered policy in this sphere may lead to a systemic crisis in Russia.
Public dialogue
Tolibov, I.I. - Legislation of the Republic Uzbekistan on non-governmental non-commercial organizations: current condition, problems, and perspectives. pp. 106-110
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.
Ilyichev, V.A., Karpukhin, D.V. - Shortcomings of modern housing legislation of the Russian Federation within the framework of goals of social policy. pp. 110-115
Abstract: So, the Housing Code of the Russian Federation is in force. A number of its provisions causes scientific and practical discussion. The lay people also are suspicious towards it, and they feel that it might contain latent threats to their stability. The authors of this article put their share into the discussion and express their opinion on a number of most serious shortcomings of the new Housing Code of the Russian Federation.
Main human rights and liberties
Minniakhmetov, R.G., Schekina, M.M. - Jural state and human rights. pp. 0-0
Abstract: Recognition, implementation and protection of human rights and citizens’ rights form one of the bases of any jural state. This article by R.G. Minniakhmetov and M.M. Schekina contains the study of correlation between the human rights and the concept of modern jural state with the due attention paid to the Russian reality.
Ivanov, L.N. - Modern approaches to defining scope and limits of personality analysis with respect to procedural status. pp. 68-83
Abstract: This article contains analysis of polysistemic crime-related personality study within the framework of procedural status of any particular person and procedural limitations in accordance with the Criminal procedural code of the Russian Federation. Author has studied a number of important factors, classified participants of criminal judicial procedure by their procedural status and their availability for personality study. Author set key goals and issues, provided relevant statistics. The article also contains analysis of a number of procedural situations, which are resolved based on personality studies, general and specific models of limits of personality study within criminal procedure.
Svechnikova, L.G., Gaydabura, I.G. - Formation of the Russian administration in the Northern Caucasia in the 40ies of XVIII to XIX centuries pp. 83-97
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.
The dialogue of cultures
Shapiro, E.A. - Teachings on categories of scientific political and legal study. pp. 0-0
Abstract: Categories of the scientific political and legal study are of the most general character, and their use in the political science and jurisprudence helps to achieve better analysis of functioning and development of state and law. E.A. Shapiro’s article contains analysis of political and legal categories, such as form and contents of state and law, state and law as freedom and necessity, state and law as a complex and as its components. As the author notes, the latter category was paid little attention in theory and calls for evaluation in detail…
Legal history
Ibragimov, K.H. - Some specific features of the first stage of history of land law in Russia (X to mid-XIX centuries) within the context of protection and use of the agricultural lands. pp. 0-0
Abstract: History of Russian legislation on protection and rational use of argicultural lands formed and developed together with the land law itself. As K.H. Ibragimov, doctor of agricultural sciences, notes, the land law of Russia has unique history and its events and phenomena are characteristic only for our country. This article contains brief historical overview of the development of land relations in Russia from the time of the Ancient Russia till the middle of XIX century.
Kornev, V.N. - The federation doctrine in the Russian legal science before the Revolution. pp. 125-139
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.
Human and citizen
Kurakin, A.V., Astakhov, D.V., Salnikov, M.G., Kurakina, A.N. - Classification of participants in the proceedings on administrative violations. pp. 0-0
Abstract: As the authors note, the key difficulty in classifying the participants of the administrative violations cases is the large number of criteria on which the classifications may be based. This article is devoted to the comparative study of various classifications offered by such legal scholars as L.V. Koval, V.D. Sorokin, D.N. Bakhrakh, E.N. Renov, A.B. Ivanyuzhenko, A.P. Korenev, V.A. Lorya, S.I. Kotyurgin, A.P. Shergin. The authors also offer their own classification.
Ilyichev, V.A. - Improvement of the legislative basis of advocacy – call of our time. pp. 98-105
Abstract: This article by V.A. Ilyichev is devoted to the problem of the need for the more precise legislative regulation of a number of issues on advocates’ practice. In particular, as the author notes, it is not acceptable to allow persons, who have previous convictions, to become advocates, and the provision prohibiting the advocates to accept and implement illegal requests of their clients needs clarification. Another issue in need of more detailed regulation is advocates’ ethics…
Biblion
- American Bar Association in cooperation with the Trade Union Teaching Center (Ekaterinburg) published the 2nd Edition of the book by Elena Yurievna Bulgakova “Manual on claims filed by the people to the Constitutional Court of the Russian Federation” pp. 140-141
Abstract: ABA in cooperation with the TUTC of Ekaterinburg have published the 2nd ediction of the book by E.Y. Bulgakova on claims to the Constitutional Court of the Russian Federation. This book is a practical manual, which may be useful for students and lecturers, practicing lawyers, employees of the NGOs, and anyone who is interested in the issues of public interest law and protection of the constitutional rights of the people. The book is distributed free of charge.
O. Samatov - Review: Smirnova, E.S. Problems of legal status of foreigners and globalization. Moscow, 2003. – 463 p pp. 141-151
Abstract: This is the review by O.Zh. Samatov on E.S. Smirnova’s book. As O. Zh. Samatov notes, this book continues the series of E.S. Smirnova’s monographs, devoted to the issues of citizenship in the European Union, the NIC, and in Russia. This book also contains analysis of human rights issues and shall be of great interest to both practicing lawyers and legal scholars.
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