DOI: 10.7256/2306-0158.2013.4.573

Abstract: The modern Russia is going through a complicated period in its historical development. The situation is further complicated by the fact that the reforms and modernization of the state have no analogues in the world.  It is impossible to just take ready samples and apply them to a territorially vast and multinational subject of global community. Nevertheless, the studies show that Russia is at a critical point of its development. Either the state shall go out of crisis situation and into the path of sustainable development, or it shall be one of the "fragile" states.  In this article we analyze the existing definitions of "fragile" states and their criteria.  Using these criteria, we attempt to understand how close is Russia to the situation of a "fragile" state. In our study we used statistical datat from various sources, both Russian and foreign, as well as a large amount of information and analytical materials from official websites of scientific research centers and the Government of the Russian Federation. The studies concern the period of last six years.  The article includes analysis of Russia based upon the criteria of a "fragile" state in several spheres: living standard of the population (accessibility and quality of education, health care, social guarantees, housing, working conditions, etc.), efficiency of state administration (democracy index, protection of human rights, corruption level, national policy, etc.), efficiency of economic activities of the state (monopolism level, development of internal and external economic relations, development of small and medium-sized businesses, formation of the middle class, tax and budget policy of state, etc.). The study has shown that currently in Russia there is a low level of investment into the human capital, which is the basic element at the time of reforms.  The administration technologies, sensitivity of economy to innovations and living standards are at unsatisfactory levels.  In the opinion of the authors the main reasons for this situation is the lowering intellectual potential of the society, which is reflected in the existing negative tendencies in the systems of science, education and culture.

DOI: 10.7256/2306-0158.2013.4.581

Abstract: Over the last years the federalism terminology hasn't been that popular and federalism has practically become one of the secondary questions of the state-building. The main theoretical approaches to federalism say that this topic is not quite important for our country because Russia can exist only as a unitarian centralized state. Based on these approaches, federalism values are alien to our country and in and of itself federalism is just a transitional form of government that must necessarily lead to the formation of the unitarian state. However, the political and legal environment has drastically changed lately and the federal form of government has changed, too. What is the reason for that? The author of the article explains this phenomenon and says that the development of Russian federalism has a 'pendulum-like' pathway as a result of profound system evolution of Russian state institution. The author of the article touches upon the following issues: fluctuations of federalism processes in Russia, system approach to the federative form of government and the legal base of Russian federalism as a system formation. 

DOI: 10.7256/2306-0158.2013.4.566

Abstract: The article is devoted to politics as a particular administrative phenomenon. The author of the article studies the essence and forms of politics. Noteworthy that there is a great diversity of policies at different levels of the system of social administration which once again shows the essence of politics as the phenomenon of public administration. Such diversity proves that politics is a widely spread phenomenon and plays a very significant role in the sphere of public and social administration. Special attention is paid to the state policy. The author of the artile shows that the state policy of a democratic state is the most complex and developed form of politics. It reveals not only the nature of all policies but also peculiarities and rules of political environment. The state policy is becoming one of the leading forms of social life and it is also a very interesting subject to be researched. In conclusion, the author offers an essential definition of politics as the administrative phenomenon shown in resolutions and determining the directions of executive activities. 

DOI: 10.7256/2306-0158.2013.4.457

Abstract: In accordance with the Amendment X to the Constitution of the USA, the functions of the federal government do not include the guidance of the system of education and therefore the federal government of the USA has rarely dealt with such issues until recently.  Modern America is characterized with the decrease in autonomy of the regional and local educational authorities as well as the educational institutions themselves. It goes without saying that the decentralized system leaves a wide room for development of the local initiative, contributes to the conduction of all kinds of pedagogical experiments and takes into better account the local peculiarities influencing the goals and tasks of teaching and up-bringing. At the present time the Constitution of the USA does not refer the education issues solely to the competence of the federal goverment. Supervision of educational institutions and adiption of legal acts on education are carried out at the level of states and local authorities.  Constitutions of almost all states prohibit the usage of social resources for financing any religious institutions including schools. However, there are private educational schools and institutions and most of them belong to religious organizations. Religious education is also performed at Sunday schools and Biblical classes where education is viewed not only as the most importat factor of the economic progress but also as a powerful method of ideological influence on the youth. 

DOI: 10.7256/2306-0158.2013.4.489

Abstract: The article investigates the policy of the Russian Soviet Federal Socialist Republic (RSFSR) in the relation of Latvian state in the first half of the 1920th. Contracts which regulated the process of recognition process of independence of Latvia, background and conditions of the Latvian-Russian relations, the main thing from which was Russian-German opposition, were studied. Conclusions about the policy answering to the general principles of international law, to geopolitical interests of the Russian state and to the interests of the Latvian people and state on the threshold of the future new world war have been made.Keywords: Latvia, Russia, Germany, Soviet power, background, agreement, conditions, recognition, independence, relation.

DOI: 10.7256/2306-0158.2013.4.462

Abstract: The article describes theoretical grounds of institutionalization of the All-Union Leninist Young Communist League (Komsomol) as a state authority. First of all, the authors of the article draw our attention at the process of formation of Komsomol as a political control authority. Noteworthy that Komsomol is shown both as an object and subject of political control. Soviet state institution was the system of power not limited by any formal laws, therefore the authors of the article do not study official legislation of those times but mostly study decisions of Communist Party's forums and what its leaders said about principles of communication between Communist Party and Komsomol as well as Komsomol and Government.

DOI: 10.7256/2306-0158.2013.4.636

Abstract: For introduction of suggestions for improvement legal regulation of creation and activities of the commissions for affairs of minors and protection of their rights, the analysis of 60 laws of subjects of the Russian Federation which allowed to reveal some collisions in them is carried out: creation of the public commissions is provided; are formed in areas of city districts which aren't municipalities; establishment of powers of the commissions is made by municipal legal acts; the questions carried to competence of federal public authorities and B'day are considered. Powers of bodies and establishments of system of prevention of neglect and offenses of minors are offered to be established on ensuring the rights of the minors considered in the Convention on the rights of the child, the Federal law "About the main guarantees of the rights of the child in the Russian Federation". Creation of the commissions at federal, regional and local levels is investigated. Renaming of the governmental commission, inexpediency of their creation in settlements is proved. Elimination of the revealed problems in legal regulation, and also implementation of this state power, will lead to implementation of the federal legislation, observance of the rights of minors.

DOI: 10.7256/2306-0158.2013.4.436

Abstract: The studies of the issues of legislative system and the processes of its formation are not possible, unless one uses historical materials, and its conceptual generalization allows one to find general meaning of this legal matter. Use of the systemic method as a general scientific cognition method for legal and historical studies plays a special role in history of state and law. The system of Russian legislation is no exception to this rule, its retrospective studies allow to understand its nature, key stages and characteristics of its formation reflecting the process of its development and its role in legal regulation. The article concerns formation and development of the system of Russian legislation (positive law) as a process of establishing directions and spheres of legal regulation. Its result was division of legislation and law into branches, which was defined by the second half of XIX century and kept developing since 1917 as the law of the Russian Empire. The author provides characteristics of the main tendencies and periodization of the process of evolvement of the legislative system. The article provides for singling out stages of formation and development of the system of Russian legislation. Based upon the approach of the author, the periodization includes three stages. The first stage (IX - middle of XVII centuries)  was defined by establishing general directions of legal regulation and formation of the system of legislation in Russia with its roots at the formation of statehood and positive law in the Ancient Rus and it is ended by issuing the Council Code of 1649 of Tsar Alexis. The second stage (middle of XVII century - XVIII century) related to defining the spheres and territorial levels of legal regulation and searching for the ways to define the system of the legislation of the Empire.  The third stage (XIX - early XX centuries) became the period of formation of the system of legislation of the Russian Empire, definition of its main branches and levels - the Empire legislation and local laws (those of national regions).

DOI: 10.7256/2306-0158.2013.4.561

Abstract: The present artile is devoted to the process of formation of institutions of the political domination and political consolidation in primary (ancient) civilizations as well as the history of Russia. This process is described by the author as the process of realization of a particular model of relations between the two political elements of the society: the sovereign, executives and subjects. The author of the article studies the main organizational principles of a bipolar society and the system of seniority of political elements that is being formed based on these principles. Noteworthy that the main condition that makes the consolidation possible is the informal principles of unity. The 'informal unity' is characterized with the absence of the mediation element in intra-persoal communications which creates the ground for a constant opposition between the center and remote districts. In the process of informal political consolidation the center and remote districts build the socio-political environment . On one hand, remote districts may create a threat for the cental government but on the other hand, they are direct successors of power. In the structure of the political domination of the informal unity, the centre and remote districts play the roles of the sovereign and his immediate subjects.