Annotations № 2 / 2009
THE LAW AND... THE LAW
Muravskiy V. A. (Yekaterinburg) Formal law and real law
The law is a multidimensional phenomenon which is shown as the natural law, as the legal act and as the actual (real) law. Existence of the actual law traditionally is ignored in the modern Russian literature. Meanwhile the actual law has a special strong-willed contents, specific functions, sources and the normative contents.
Key Words: legal act, actual law, formal law, natural law, forms of law
METHODOLOGY OF STATE AND LAW RESEARCH
Sumenkov S. Yu. (Penza) Law norms as a form of representation of law exception
The article is devoted to the analysis of the law norms which contain the exceptions to set rules. The author emphasizes that law norms are not only general rules but exceptions to them. Such norm exceptions are necessary to describe different life situations, subjects of public relations, to achieve maximum efficiency of law regulation. The main idea of the article is that exceptions to the rules in the law field must be set in law norms.
Key Words: justice principle, normative exceptions, rules of behaviour, norms-additions, norms-exceptions
Bondarev A. S. (Perm) Legal anticulture in law application in modern Russia
Phenomenon of legal anticulture in law application sphere in modern Russia is analyzed in the article. The author characterizes the basic types of professional deformation of law applying subjects.
Key Words: legal anticulture, law application, law nihilism, corruption, level of legal knowledge
Demchenko T. I. (Stavropol) Old Russian sense of justice in the views of the Russian conservatives in the end of XIX – beginning of XX c.
The views of prominent representatives of the Russian conservative school in the ending of XIX – beginning of XX centuries such as K. P. Pobedonostcev, L. A. Tikhomirov, K. N. Leontyev, N. Ya. Danilevskiy are analyzed in comparison with the other Russian scientific schools. The aforementioned authors highlighted the pre-Christian spiritual roots of old Russian state, law and sense of justice, comparing the political and legal culture of Russia and Europe.
Key Words: old Russian sense of justice, old Russian state, history authority, peoples’ idea, social cooperation
PUBLIC USSUES AND POLITICAL SCIENCE
Denisov S. A. (Yekaterinburg) Imitation of constitutional regime
The author points out and analyzes political and legal phenomenon of pretended constitutionalism. The examples of constitutional norms distortions in different countries are given.
Key Words: constitutional regime, imitation, false constitution, neutralisation of constitution, paternalism
Leksin I. V. (Moscow) Evolution of the territorial organization of Germany: from decline of the «first empire» to the blossom of the «second empire»
The article is the second one in a series of publications devoted to German federalism. The author examines evolution of territorial organization of Germany starting from the rise of the Prussian state within the Holy Roman Empire till the formation and development of the quasifederal German Empire.
Key Words: territorial organization, «first empire», «second empire», Prussian state, Rein union
Sedler R. A. (USA, Detroit) The American federal system (the ending)
Peculiarities of federative system of the USA are analyzed in the article. The subject of authors’ attention is correlation of federation and states competence especially concurrent competence states’ sovereignty, judgments on federalism problems.
Key Words: federative system, federal competence, state competence, trade clausula
INTERNATIONAL LAW
Ibragimov A.M. (Makhachkala) Conceptual approaches to the question of guarantees in international legal doctrine
Conceptual approaches to the question of guarantees in international-legal doctrine are characterized by general aspiration of scientists to put legal guarantees in a number of the key factors providing productivity of international law. The destiny of agreements between the states caused concern of the scientists in different countries. This ascertaining concerns also the works of the Russian researchers who has developed actual problems of international law. They have affected solitarily on formation of guarantees and their application in international practice.
Key Words: international legal doctrine, international legal order, guarantee, international defence
RUSSIAN FEDERATION AND ITS SUBJECTS
Lichichan O. P. (Irkutsk) Transformations of subjects of the RF legal systems
The article is dedicated to the analysis of reasons led to transformation of present regional legal systems in the Russian Federation. The author analyzing modern tendencies in the field of regional legal systems proves that gradual loss of autonomy of the RF subjects leads to actual conversion into unified element of national legal system. The author draws the conclusion that fundamental changes of legal system in Russia in the beginning of the 21st century have brought forth the loss of regional legal systems’ autonomy. Complex analysis of process of regional legal systems’ de-autonomization makes it possible to tell about new legal phenomenon – the regional element of national legal system.
Key Words: subject of the RF, legal system, autonomy, reception, regional element
Filippova N. A. (Surgut) Reforming budgetary attitudes in Russia: constitutional legal aspects of the coordination of interests of the Russian Federation and its subjects in the sphere of public finance
In the article the stages of budgetary reform in Russia and features of its present stage are investigated. The unique feature of the author's approach is definition of the list and quality of constitutional legal institutes of the coordination of public territorial interests at each stage of reforming.
Key Words: reform, inter-budgetary relations, public interests, subjects of the RF, co-ordination of interests
Sokolova N. A. (Omsk) Problems of realization of subjects of the RF powers in the field of health care
In the article the criteria of delimitation of state powers between the Russian Federation and its subjects in the field of health care are considered. The author gives classification of the powers of regional authorities in this sphere and evaluates the possibility of their effective realization.
Key Words: health care, authority, delimitation of state powers, financial guarantee
PUBLIC PROSECUTOR SUPERVISION
Kozhevnikov O. A. (Yekaterinburg) On the new trend in the Public Prosecutors’ organs activities
The article concerns the problems of Public Prosecutor’s Office struggle against the concealment of crimes by the organs of inquiry and preliminary investigation. The reasons for the concealment of crimes are named: problematic detectability of the so-called non-evident crimes, no wish on the part of investigative bodies to detect not socially dangerous wrongdoings. The author suggests: to vest the Public Prosecutor’s Office with the function of filing reported crimes and creating comprehensive reporting and statistics base on combating crimes; to introduce criminal responsibility for concealing crimes by means of international violation of the procedure for admitting, filing and solving the reports of prepared and committed crimes and by means of passing illegal ruling on the rejection of instituting criminal proceeding.
Key Words: Directorate of Public Prosecutions, statistic report, criminal case, filing and solving the reports of prepared and committed crimes
ECONOMICS AND LAW
Tatarkin A. I., Tatarkin D. A. (Yekaterinburg) The reasons of the world financial crisis and possible scenarios of its development in Russia under globalization conditions
The peculiarities of the modern world financial crisis and possible scenarios of Russian national economics and economics of the CIS-countries development under globalization conditions are described. The reasons and conditions of financial crisis, its negative influence on real sector of national economics development are marked out. The mechanisms of strengthening state regulation of transformational processes in the view of optimal correlation of real and financial sectors of Russian and CIS-countries economics are based. Priorities in forming of real and financial sectors of Russian economics basing on well-balanced and socially oriented development are emphasized.
Key Words: globalization, crisis, Russian national economics development
Chikulaev R. V. (Perm) About influence of English American legislation on the Russian stock market
The article is devoted to the basic items concerning securities legislation in Great Britain and the USA, classification of securities and stock market monitoring system. Correspondences between most important securities regulations of Great Britain and the USA and Russian legislation are analyzed. The author comes to a conclusion that practice of direct using of Anglo-Saxon regulation for the Russian securities dealing cannot be considered successful.
Key Words: securities, securities legislation, Great Britain, stock market, Anglo-Saxon regulation
CIVIL LAW AND PROCEDURE
Romanova A. V. (Yekaterinburg) Rationality category use in determination of representatives’ services expenses compensation
The problem of representatives’ services expenses compensation is described in the article. On the basis of brief analysis of the Russian normative legal acts, international norms and judicial practice the author comes to a conclusion that courts while deciding the problems of representatives’ services expenses compensation should use principles of rationality and justice based on such criteria (taken together) as complexity of the case, quality and quantity of services, value of the defended right.
Key Words: expenses compensation, representative, rationality, justice
CRIMINAL LAW AND PROCEDURE
Dezhnev A. S. (Omsk) Family secret as an object of criminal procedural defense
The author points out some problems of defense in the criminal cases of such an important social value as a family secret. Special attention is paid to the fact that the creators of the Criminal Procedure Code of the Russian Federation haven’t offered active defense measures for this information. Many defense measures for confidential data about family life depend on an investigators’, an interrogators’ or a judges’ opinion. The ways of legislation improvement are presented in the article.
Key Words: family secret, defense measure, confidential data, criminal procedural defense
JUDICIAL PRACTICE
Valiakhmetov R. H. (Kazan) Formal legal basis of normative legal acts annulment by constitutional (ustav) courts
In the article some aspects of regional constitutional justice activity concerning formal bases for normative legal acts annulment are described. The author uses practical materials and gives practical and theoretical suggestion.
Key Words: constitutional (ustav) court, constitution, ustav, annulment, judicial expertise
EXPERTISE
Lapshin V. F. (Vologda) Interpretation of some issues of resolution of the Plenum of the Supreme Court of the RF passed on 2006, 28 December № 64
The author gives his own expert evaluation of some issues of the Criminal Code of the RF concerning criminal responsibility for tax crimes and resolution of the Plenum of the Supreme Court of the RF passed on 2006, 28 December № 64.
Key Words: tax crime, taxpayer, financial agent,
Kiruyshkin M. V. (Yekaterinburg) Imputation of concealment of money used for tax collecting
The author gives his own expert evaluation of the art. 1992 of the Criminal Code of the RF and resolution of the Plenum of the Supreme Court of the RF passed on 2006, 28 December № 64.
Key Words: concealment of money, tax crime, collection
Proshlyakov A. D. (Yekaterinburg) On the meaning of consummated arbitrage courts’ decisions on civil matters for the criminal proceedings organs
The author gives his own expert evaluation of art. 90 of the Criminal Procedure Code of the RF and comes to a conclusion that this article can be used by analogy in the civil cases’ judgments.
Key Words: arbitrage courts’ decision, analogy, criminal proceedings organs
PAGES OF HISTORY
Seroshtan V. V. (Crymsk) Individual rights in the Russian Empire criminal proceedings
In the article brief analysis of individual rights in criminal proceedings in the Russian empire in XIX – beginning of XX centuries is given. Charter of criminal proceedings adopted in 1864 y. issues are analyzed.
Key Words: the Russian Empire, criminal proceedings, individual rights, defendant
Konstantinov S. I. (Yekaterinburg) The beginning of judicial investigation of death of the last Russian emperor family in Yekaterinburg and Russian Army officers participation in it
In the article some facts concerning judicial investigation of the last Russian emperor and his family members death in Yekaterinburg in 1918-1919 years are disclosed.
Key Words: the last Russian emperor death, search of remains, traces of a crime
SPECIAL CASES
Administrative responsibility in the area of traffic safety
Practical difficulties in art. 1.5 of Code of the RF on Administrative Responsibility use are disclosed, recommendations on legal regulation of administrative responsibility are given
YOUNG SCIENTIST TRIBUNE
Popov D. S. (Yekaterinburg) Criteria of NATO membership (in a context of possible introduction of Ukraine and Georgia)
The article is devoted to the analysis of membership criteria in the North Atlantic Treaty Organization and legal opportunity of Ukraine and Georgia participation in the NATO.
Key Words: NATO, membership, Ukraine, Georgia
Mochalov A. N. (Yekaterinburg) Judicial federalism in Australia
The article is devoted to the question of functioning of the Australian judicial system in conditions of federalism. The structure of courts is considered, the author also gives the analysis of the High Courts’ decisions which have influenced the development of federal relations in the Commonwealth of Australia.
Key Words: High Courts’ decision, the Commonwealth of Australia, legal regulation
Chumarov S. A. (Krasnoyarsk) On the notion of bank card
The law nature of bank card as an instrument of without cash payment is analyzed in this article. The urgency of this research is conditioned by the legal uncertainty of the notion «bank card» which creates an obstacle in development of corresponding payment. For solving this problem the author suggests his own definition of the notion «bank card» and presents the reasons proving his position. The author expresses his opinion about expediency of putting the notion «bank card» in civil legislature.
Key Words: bank card, corresponding payment, civil legislature, bank
Lukinykh M. I. (Yekaterinburg) Redress of harm caused to life and health of the employee while doing his working obligations
The article is devoted to historical analysis of development of law regulation of relations appearing as a result of causing harm to life and health of the worker while he is doing his working obligations. At present the maximum social effect in smoothing harming consequences can be reached by using of different law means which lead to accrual of the insurance and (or) tort law relations.
Key Words: harm to life and health of the worker, insurance, harming consequences, law means
Medvedev A. V. (Krasnouralsk) Social security of young people in the Russian Federation
The article is devoted to the problems of social security of young people. The author analyzes signs of the term «young people» including criterion of age. Besides such terms as «social security», «social policy», «young people policy» are investigated. On the basis of these notions, the author formulates the definition of the term «social security of young men»: social relations, which rise between a young man and a government body, local authorities, other physical persons and organizations, which provide living conditions for such social group of people.
Key Words: social security, young people, social security of young men, young people policy
Kazakov A.A. (Yekaterinburg) Criminal trials in absentia: case-law of the European Court of Human Rights and problems of the application the Russian Federation laws.
The article is devoted to the criteria governing proceedings held in the absence of the accused established by the European Court of Human Rights. The author analyzes rules of the Criminal Procedure Code of the Russian Federation regulating criminal trials in absentia and finds that legislature must make amendments to the Criminal Procedure Code to achieve the reasonable balance between public and private interests in the field of criminal procedure in absentia.
Key Words: absence of the accused, criminal procedure, European Court of Human Rights, standards
LIBRARY
Pedagogics for the lawyers (Discussion of the book Levitan K. M. Juridical pedagogics: Textbook. M., NORMA, 2007. 432 p.)