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MAIN PAGE > Journal "Politics and Society" > Contents of Issue ¹ 04/2006
Contents of Issue ¹ 04/2006
Conflict and consensus
Voronkov, A.S. - Formation of the collective security system within the format of the Collective Security Treaty Organization. pp. 0-0
Abstract: The Collective Security Treaty Organization went a long way as a military and political organization, and certain mistakes were made by it. However, its activities played a great role in avoiding the conflicts among the nations at the post-Soviet territory. This article is concerned with the historical background of creation of the Organization by the Republic of Armenia, Republic of Belarus, Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, and periods of its development. The author emphasizes that currently the activities of the Organization are of principal importance for ensuring peace and stability in the post-Soviet territory.
Morality and politics
Badiryan, G.M. - Rights of an individual: problems of theoretical basis and legal regulation. pp. 4-12
Abstract: While we are all accustomed to the term “rights of an individual”, the precise meaning of the term remains unclear, and its political and constitutional legal meaning changes depending on the context of its use. As G.M. Badaryan points out, current discussion of human rights is based on the rich and varied experience of the previous generations as well as of social and political entities, which enshrined legal regulation of personal communications and social behaviour (both individual and group behaviour). This article contains the study of the formation of rights of an individual from social anthropology to modern phylosophy of law.
State and civil society
Alimov, S.Y. - Implementation of the provisions of international law in the sphere of social protections of veterans in the Member States of the Commonwealth of Independent States. pp. 37-47
Abstract: One of the basic principles of legislation of the CIS countries is that rights and privileges, as well as other means of social protection of participants of military operations, which were established by the laws of the USSR and by the laws of the CIS Member States cannot be repealed without application of benefits of equal value. S.Y. Alimov’s article is devoted to the study of role of the CIS in ensuring social protection of veterans, and to the problem of correlation of the practice of the CIS states with the international standards. It also contains the study of recommendations of the Economical Court of the CIS.
Richard J. Bonnie - Practical guidelines of the American Psychiatric Association (APA) on mental retardation and capital punishment: application on the decision in the case of Atkins v. Virginia. pp. 47-65
Abstract: The article contains practical guidelines for the state legislators on application of the decision of the Supreme Court of the USA in the case of Atkins v. Virginia (2002), which prohibits application of capital punishment to the mentally retarded criminals. These practical guidelines were prepared by Professor Richard J. Bonnie and approved by the Council of Law and Psychiatry of the American Psychiatric Association (APA), which is a body responsible for the development of political principles and positions in the sphere of judicial psychiatry, in May 2003. The guidelines contain provisions on the legislative language related to the definition of mental retardation, procedures of its evaluation, qualification of experts.
National security
Dorokhov, N.I. - A portrait of a modern terrorist: moral, psychological and personal aspects. pp. 0-0
Abstract: Acts of terrorism are planned, prepared and implemented by persons, and they are, in effect, aimed against life and health of other persons. That is why creation of a psychological “portrait” of a terrorist, his moral and psychological state, personal ideas is so important. Who is a modern terrorist? What are the conditions and factors, which made him be? What are characteristics of his personal “portrait”? In his article N.I. Dorokhov offers his answers to these questions based upon the generally-recognized provisions of a theory of person.
W. Lawrence Fitch - Comments: the Atkins case in judicial proceedings: competent yet scant guidelines for the legislators. pp. 66-77
Abstract: This article by W. Lawrence Fitch contains critical analysis of the above-mentioned practical guidelines of the American Psychiatric Association on mental retardation and capital punishment due to application of the decision of the Supreme Court of the USA in the case of Atkins v. Virginia. As Professor Fitch notes, while the practical guidelines are timely and well-formulated, they are, perhaps, too narrow, which may bear a negative influence on the American judicial practice.
The nationality issue
Savva, S.S. - Constitutional and legal enshrinement of the principle of secular education: its contents and practice of its realization. pp. 0-0
Abstract: In accordance with the Constitution of the Russian Federation, the Russian Federation is a secular state, and no religion can be announced to be a state or obligatory religion. Religious associations are separate from the state and are equal before the law. S.S. Savva’s article is devoted to the problem of ensuring secular education, and to the processes of clericalization of state education, which to the author’s opinion, reflect the systemic crisis of the freedom of conscience in the Russian Federation, which influences legislation, law enforcement, science and education.
Local self-government
Minniakhmetov R.G., Schekina, M.M. - Jural state and human rights. pp. 13-27
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.
Chepurnoy, A.G. - Definition, sources and problems of social protection of the disabled veterans of military operations in the Russian Federation. pp. 27-36
Abstract: A.G. Chepurnoy’s article is concerned with definition and content of social protection (pensions, other fees, compensation payments, medical assistance and service, social services) of the disabled veterans of military operations – former military servants and persons of equal status, who have health problems with long-standing implications, which appeared while they served at the military operation areas, - within the framework of the Russian Federation as a social state. As the author notes, the category of “disabled veteran of military operation” is not duly recognized in the Russian legislation, which employs such categories, as “disabled persons with military traumas”, “ persons disabled due to illnesses, acquired at the time of military service”. Lack of clarity of Russian legislation does not promote clear legal regulation and due social protection of military servants, whose health was harmed at the time of military operations.
Public dialogue
Ryzhov, V.B. - Models of regional economic 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.
Smirnykh, S.E. - Tax justice as a guarantee of taxpayers’ rights. pp. 0-0
Abstract: The article by S.E. Smirnykh contains evaluation and substantiation of a topical idea of singling out tax justice within the framework of judicial specialization reform in the Russian Federation. As the author points out, the tax courts could be a type of administrative courts, which would allow to ensure higher professionalism of tax dispute resolution, to partially solve the problem of massive caseload of existing courts, to guarantee the taxpayers’ rights more effectively. The author creates a model of tax court system, discusses necessary legal basis and he also studies experience of a number of foreign countries, such as the USA in the sphere of creation of specialized administrative courts.
Main human rights and liberties
Gusaeva, K.G., Aidaeva, N.M. - State and legal practice of regulation of relations among different nations in the multinational subjects of the Russian Federation. pp. 90-96
Abstract: As the authors of this article point out, the instability and conflict potential are inherent to the very form of political system of the Russian Federation. The doctrine, which this system is based upon, states that certain ethnical entities are the subjects of power. However, constitutional provisions on specific status of various ethnic groups and national and territorial status of various subjects of the Russian Federation (Republics, autonomous districts, autonomous oblasts) lead to competitive relations among various status groups, aiming to achieve for their ethnic groups the highest status possible (first of all, the status of a Republic). This article contains evaluation on various levels of conflicts (including an example of the Republic of Dagestan), of peculiar features of the federal relations within the Russian Federation, as well as of the measures, aimed to stabilize the situation.
Dumanov, H.M., Perschits, A.I. - At the source of exploitation relations. pp. 96-99
Abstract: This article by Professors H.M. Dumanov and A.I. Perschits contains an evaluation of various forms of primitive exploitation, such as home slavery, various ways of exploitation of community members by the community members of the higher status, payment of tribute. As the authors note, all of these forms of primitive exploitation can be found in various societies of Melanesia Tropical Africa, South and North America, and Northern Siberia, which are at the same level of social and economic development - the time when the primitive communal order starts to disintegrate, so the issue of the historical correlation of these forms of primitive exploitation is quite topical.
Pravkin, S.A. - Genesis and evolution of various forms of serfdom. pp. 99-101
Abstract: This article by S.A. Pravkin is devoted to the study of changing legal forms and institution of enslavement (serfdom), within the context of enslavement and liberation of classes theory by S.M. Soloviev. The author also evaluates the works of V.O. Klyuchevsky, as well as a number of other scholars.
The dialogue of cultures
Sudarikova, N.G. - Historical and legal aspects of legislation on responsibility for organization of a religious organization infringing upon personalities and rights of people. pp. 102-113
Abstract: As N.G. Sudarikova notes, at all stages of development of civilization there have been religious entities, which limited the rights of their followers or other persons. This article concerns the study of history of relations between the Russian state and religious entities, state regulation of activities of such entities.
ANTHROPOLOGY AND ETHNOGENESIS
Vereschagin, S.G. - Tax and budget relations in the practice of political process at the current stage. pp. 0-0
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.
Ibragimov, K.K. - Some specific features of the first stage of history of land law in Russia (X to mid-XIX centuries) within the framework of protection and rational use of lands suitable for agricultural purposes. pp. 114-118
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.
Pravkin S.A. - The Roundtable: Religious policy of the Russian government before and after an incident at the synagogue at the Bolshaya Bronnaya street (Portal-Credo.Ru February 10, 2006. Stenogram). pp. 119-131
Abstract: This is a verbatim report of the roundtable, devoted to the issues of religious policy of the Russian Federation prior and after the incident at the synagogue at the Bolshaya Bronnaya in Moscow (when A. Koptsev attacked several people at the synagogue with a knife). The roundtable was held by the independent informational and analytical Internet media on religion “Portal-Credo.Ru” together with the Freedom of Conscience Institute, Moscow Bureau on Human Rights and the “Glastnost” Fund on February 10, 2006. Additionally, the roundtable included discussion of xenophobia in Russia and its expressions based on religious parameters.
Legal history
Koshelev, D.A. - Neonazism and its role in social and political life of the European Union. pp. 0-0
Abstract: It’s been over sixty years since the defeat of German nazism by the united forces of East and West, the relationship between Russia and Germany has changed since then and they are now economical and political partners. However, a variety of neo-nazi and racist groups, parties and movements keep functioning in Europe and their popularity among the youth, as well as among the part of the population, which is hostile toward foreigners, is immense. These tendencies are obvious in the “old Europe” (such as Germany, Austria, Denmark, Norway, Holland), as well as in a number of post-Soviet European countries (such as Latvia). As a result, the “enlightened Europe” has become not only the center of liberal and tolerant ideas, but a world export center of nazi ideology. The author of this article reviews the issue of historical roots of nazism in political and cultural life of a society.
Polubinskaya, S.V. - Uconscious behaviour in history of criminal law and judicial psychiatry in England. Review on the book by Joel Peter Eigen. Unconscious Crime. Mental Absence and Criminal Responsibility in Victorian London. The John Hopkins University Press. Baltimore and London. 2003. pp. 132-145
Abstract: This is a review of a book by Professor of Sociology J.P. Eigen, which is devoted to a number of judicial proceedings, which took place in London in the middle of XIX century, and which concerned the crimes committed by the persons in the state of aberration. Their psychic condition did not fall into the criteria of diminished responsibility, as recognized by the English legal system of that time, and that is why such accused persons posed quite a problem for the courts, for example, if their acts were committed at the time of sleep-walking or a convulsive fit. The key sources for the author’s study were the judicial reports, known as Old Bailey Sessions Papers (OBSP), starting from the 1674, which have been published till the early XX century.
Human and citizen
Shaikhislamov, E.R. - Decentralization of state power in a federal state. pp. 0-0
Abstract: This article by E.R. Shaikhislamov contains a systemic study of the correlation of terms “federalism” and “decentralization”, of mechanism of decentralization and models of decentralization in various democratic states. The goal of this study is to find out why, contrary to a popular opinion, federal state does not always go hand in hand with massive decentralization of state power. The author studies the causes of the problem and offers his solutions.
Ralph Slovenko - Comments: old wine in a new bottle. pp. 78-89
Abstract: These comments by Professor R. Slovenko are also devoted to the criticism of the decision of the Supreme Court of the USA in the case of Atkins v. Virginia and of the above-mentioned practical guidelines of the American Psychiatric Association (APA) on mental retardation and capital punishment due to application of the Atkins v. Virginia case of 2002, as developed by Professor R. Bonnie.
Biblion
Revina, S.N. - Theoretical, legal and political problems related to ensuring economic security. pp. 0-0
Abstract: The term “economical security” has appeared rather recently. S.N. Revina’s article is devoted to theory and practice of ensuring economical security in the Russian Federation. Much attention is paid to the latest political tendencies of President Putin’s Administration, in particular, to the nationalization tendency. Among its examples, one may name sale of “Yuganskneftegaz” to the state-owned “Rosneft”, purchase of the shares of “Gazprom” by the state from its own subsidiary corporations, uptake of “Sibneft” by “Gazprom”, the start of de facto nationalization of “AvtoVaz” and “UAZ”…
Perelygin, V.V. - An alternative to the global capitalism. Review on the book by Paul Feldman, Corinna Lotz, A world to win, London, Lupus books, 2004. pp. 146-151
Abstract: Lately the US citizens came across the situations, that they have never encountered before, and their usual sense of being adequately protected by their state is being uprooted. The book by Paul Feldman and Corinna Lotz, the review on which is presented in this article, is devoted to topical problems of the modern state of affairs in the USA.
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