Электронный журнал Юридические исследования - №3 за 2012 г. - Содержание - список статей. ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 03/2012
Contents of Issue № 03/2012
State institutions and legal systems
Lyubarev A. - Basic Parameters of a Proportional Election System and Their System Interconnections pp. 1-42
Abstract: The author of the article discusses the system interconnections between such parameters of the proportional election system as the size of an electoral district, threshold and a seat allocation method. It is shown that these parameters altogether influence on the exception threshold - the share of votes guaranteeing at least one seat for a list of candidates. Based on the legal and politological analysis of consequences of using the threshold, the author concludes that a reasonable threshold must not exceed 5 % and the most preferred threshold is 3 or 4 %. This threshold can be considered a reasonable compromise between demands in the parliament performance and the parliament's representation. The author also offers certain legislative solutions that would guarantee at least one seat allocation for a list of candidates who received over 5 % of votes. The author also describes the criteria allowing to use a proportional election system when vey few seats are being allocated.
Law and order
Korchagin A.G., Trushova I.V. - Issues of Legal Regulation of Bank Card Settlements pp. 43-77
Abstract: The article is devoted to the issues of legal regulation of bank card settlements taking into account the current civil and criminal laws and international experience. Unlike a number of foreign countries, the Russian Federation still hasn't adopted the law on 'The Electronic Document' which would allow to eliminate the gaps we have in our legislation today. The author gives statistics of detection of economic crime by internal affairs authorities not only in the Russian Federation but also in Primorsky Krai and Khabarovsk Territories. 
International relations: interaction systems
Sazonova K.L. - The institution of state responsibility of for the use of force: present stage and perspectives of development. pp. 78-91
Abstract: The article describes the main international legal issues associated with the problem of state responsibility for the use of force as an institution of responsibility in the international law. The author focuses on the lack of unity between the theoretical and practical aspects of the use of force, as well as on the role the institution plays in progressive development of law. The article also highlights the current issues related to change of the paradigm of modern international law because of the trend of recent years like the use of force in circumvention of the UN Charter. The author proves the gradual formation of a "parallel" legal regimes, which are based on the rule of military force factors. The author focuses on the problem of conflicts in the Middle East, the problems associated with the current concept of the UN peacekeeping conception and its reformation.The author gives a number of recommendations for the development of the institute of state responsibility in international law.
Judiciary reform
Strelkova I.I. - Jurisdiction over Cases of Consumer Bankruptcy: the Institution History and Future Development pp. 92-107
Abstract: The artice is devoted to a topical issue about introducing the legal provisions about consumer bankruptcy as a part of jurisdiction over such cases. The author concludes that legal provisions about consumer bankruptcy would satisfy the needs of a modern Russian society. The author also studies the development of the institution of jurisdiction over cases of bankruptcy of physical entities in pre-revolutionary and modern Russian law and discusses certain issues preventing from implementation of consumer bankruptcy provisions at the present time. Based on all that, the author makes an attempt to review the existing provisions about arbitration court's jurisdiction over bankruptcy of physical entities. The author concludes that there should be certain amendments made to the provisions about jurisdiction over cases of bankruptcy of physical entities and suggests that cases of consumer bankruptcy should be submitted to general jurisdiction courts. The author also shares his views about improvement of judicial activity in case of amending provisions of jurisdiction over cases of consumer bankruptcy. 
Anthropology of law
Gulyaikhin V.N. - Psychosocial Forms of Legal Nihilism pp. 108-148
Abstract: The author of the article studies the main psychosocial forms of legal nihilism. The author uses methodology offered by an American social psychologist Erich Fromm. This methodology allows to give an objective evaluation of the psychogenic nature of this phenomenon. Based on deep motives of human and the level of destructiveness of his social behavior, the author describes the five forms of legal nihilism: infantile nihilism resulting from personal immaturity and immature system of moral and legal values; frustrating nihilism caused by the fear of his material and social status and revengeful nihilism created as a response to imaginary or actual danger for his life vital interests and regressive nihilism caused by the archaic aggression ("blood lust") of a human who has degraded to the level of an animal and completely denies all natural rights and freedoms of the other person. At the end of the article the author concludes that legal nihilism is in some wy a psychosocial and cultural phenomenon consisting of the ideas which deny legitimate social stereotypes and bearing certain spiritual load caused not only by social trends and associated values but also by a number of psychogenic factors. 
History of state and law
Kodan S.V. - Creation of the Fundamental Laws of the Russian Empire by the Law Making Committee (1800 - 1820) pp. 149-175
Abstract: Throughout XVIII - first quarter of XIX centuries the issue of determination and combination of fundamental laws regarding the position of supreme power in Russia was within the sight of the Russian governerns. The issue was finally solved only in 1832 when the Code of Laws of the Russian Empire was passed out. It was solved within the framework of the Fundamental State Laws provisions. However, certain efforts were already put forth towards solving the issue in XVIII and early XIX, especially by the Law Making Commission when it passed the first draft Core Law of the Russian Empire of Gustav Adolf von Rosenkampf in 1804 and defined the basis of legislative activity in the Grounds of Russian Law in 1815. The author of the article describes the first attempts of defining the contents and preparing the draft Fundamental Laws of the Russian Federation by the Law Making Committee in 1790-1820. 
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