Annotations № 5 / 2009
LAW AND… PROPERTY
Arkhipov S. I. (Yekaterinburg) Property as a legal phenomenon
The article is devoted to the phenomenon of the property. The author in detail analyzes theoretical opinions about property as a legal relation, as a thing, as a legal institute etc.
Key words: subject of the law, commodity, thing, legal relation, legal possession, normative and legal institute, corporative and legal phenomenon
EUROPEAN-ASIAN LEGAL CONGRESS
In the material thesis of professors M. Grimaldi (France) and K. Joffre-Spinozi (France) on the 3rd session of European-Asian Legal Congress and materials of the expert groups on legal regulation of stock market and harmonization of labour and social legislation are represented.
Key words: French legal culture, continental law, lawyers’ association, legal systems, harmonization of European law, conclusions and recommendations
JURIDICAL COMMUNITY
In his conversation with professor A. N. Kokotov (Yekaterinburg) professor A. Gazye (Nanter, France) tells about his professional activity and peculiarities of juridical education in France.
Key words: French legal culture, continental law, juridical education
METHODOLOGY OF STATE AND LAW RESEARCH
Sokolova Ye. S. (Yekaterinburg) Legal and historical science as a method for reconstruction of the Past: problems and perspectives
The article is devoted to the actual problems of contemporary legal and historical studies, such as use of other sciences methodology for the reconstruction of legal imaginations of the past ages.
Key words: historical knowledge, historical reality, historiography, historical research methodology, reconstruction, historical discourse, interdisciplinary ties
Khramtsova N. G. (Kurgan) Legal discourse and discursiveness of the law
In this article the main characteristics of the categories legal discourse and discursiveness are given. The author tries to examine the peculiarities of the category discursiveness as a law quality supporting the category of the legal discourse. The category discursiveness as a legal quality is analyzed from the viewpoint of sign relations. It is possible in connection with integrative tendency of development of law science.
Key words: discourse, legal interaction, communication, discursiveness of the law, legal discourse, information, language, text, dialogue
Nefedov B. I. (Omsk) The concept of intersystem super branches formations and their types
Specific types of stable legal ties between super branches formations (public and private law, material and procedural law) spring of as a result of their interaction in the frames of international and national legal systems.
Key words: intersystem super branches formations, international law, national law, international private law, international administrative law, international criminal law
Minnikes I. A. (Irkutsk) About individual norm and individual legal regulation
In this article from the position of individual legal regulation is examined the possibility of existence of individual legal norm, its characteristics, and the term “individual behavior rule” is formulated. Another aspect of the article is the individual legal regulation in legislative activity.
Key words: legal regulation, individual legal regulation, individual norm, individual behavior rule, legislative activity, concrete definition, precedent
COMPARATIVE JURISPRUDENCE
Nevinskiy V. V. (Barnaul) Legal status of a person: comparative legal analysis of the Constitution of the RF and Universal Declaration of Human Rights
In this article comparative legal analysis of the Constitution of the RF and Universal Declaration of Human Rights have been given. It is shown that the Constitution of the RF apprehends some important conceptual provisions of Universal Declaration about people rights and freedoms. However we must make very much for embodiment of Universal Declaration potential in the Russian legislation.
Key words: Universal Declaration of Human Rights, the Constitution of the RF, principles of man, society and state relations, natural rights, priority of generally recognized principles and norms of international law, person dignity
Koistinen J. (Finland) Basic principles of criminalization and protection of human individual rights and freedoms by criminal law of Russia and Finland
The article is devoted to the evaluation of the question: how different basic principles of criminalization in Russia and Finland do impact on the protection of human individual rights and freedoms. The author in detail analyzes social dangerousness as a basic principle of criminalization by Russian criminal law and principle of the protection of legal goods by Finnish criminal law, as well as their reflection in the criminal law regulation.
Key words: comparative law, principles of criminalization, Finnish criminal law, protection of individual rights and freedoms
HUMAN RIGHTS
Glazyrin V. A. (Yekaterinburg) Human rights paradoxes. Point of view
In this article rights and freedoms are examined in the contradictory social practice context. The author selects a row of paradoxes in this practice. There are authority and logical round paradox, humanitarian catastrophe paradox, Prometheus’s paradox, trust – mistrust paradox, «the most correct human rights» paradox, Labyrinth paradox.
Key words: human rights, paradox, civilization significance, human measurement, inhumanity in the man, dehumanization of relations, trust, mistrust
Skorobogatova V. V. (Irkutsk) The legal aspects of euthanasia
The article is devoted to civil legal problem of euthanasia. The question of legalization possibility of euthanasia in Russia is investigated.
Key words: euthanasia, capacity, sufficient mental, infant, under age, right
PUBLIC ISSUES AND POLITICAL SCIENCE
Sazonnikova Ye. V. (Voronezh) Status of the objects which personify the constitutional system of statehood
The article is devoted to the objects of regulation in the field of constitutional rights which personify the constitutional system of statehood. The author analyzes theoretical opinions on state holidays, state symbols, state capital.
Key words: object of regulation in the field of constitutional rights, state capital, state symbols, state holidays
Serdobintseva Ye. V. (Yekaterinburg) State award sphere as a constitutional legal regulation object
In the article it is outline the RF and subjects of the RF law-making competence in the state award sphere. The distinctions of state awards from awards of state organs are shown.
Key words: constitutional legal regulation, state awards, awards of state organs, President, Government
Ivanov A. V., Tyurin B. A. (Yaroslavl) The election to the State Duma of the Russian Federation of the 5th call
The analysis of the results of the election to the State Duma of the Russian Federation is given in the article. All consequences (pros and cons) of the last observation in the election system are described. The summary portrait of the parties having taken part in elections and having passed to the Duma is shown.
Key words: election, State Duma, proportional election system, political party, political program
Leksin I. V. (Moscow) Federal organization of contemporary Germany: challenges and reforms
This article is the last of a series of prospective publications devoted to German federalism. The author examines a number of obstacles and difficulties that German federal system has been confronted by in recent years, their plausible reasons and measures being taken by government in order to overcome these obstacles. The article is focused upon analysis of legal aspect of the Federalism Reform of 2006, its efficiency, and the plans of further changes in federal relations.
Key words: federal organization, dualistic organization, cooperative federalism, competence delimitation between different territorial authorities, exclusive federative competence, competitive competence of federation and subjects of federation, remaining competence of regional legislation organ
LOCAL SELF-GOVERNMENT AND MUNICIPAL LAW
Kostyukov A. N., Chulovskiy K. U. (Omsk) Programs of social and economical development as an instrument of local authorities’ budget policy
The authors analyze questions of programs of social and economical development introduction in activity of local authorities. Positive experience of these problems decision in Omsk region is shown.
Key words: management, complex development, programs of social and economical development, budget policy, brought into agreement, monitoring
Aleshkova N. P. (Surgut) Direct municipal law-making of citizens
The author analyzes problems of direct citizens law-making in the municipal formations with using of such instruments as local referendum and gathering of citizens. The author states her position on questions of law-making competence of these direct forms of civilian activity, law-making procedures.
Key words: municipal formation, citizens, referendum, gathering, normative acts, representative organ of municipal formation, head of municipal formation
CIVIL LAW AND PROCEDURE
Lukyanenko M. F. (Tyumen) Conditions of formation of the judicial discretion at application of the civil legal norms containing estimated concepts
Uncertainty of estimated concepts and in this connection possibility of their ambiguous interpretation and a concrete definition in the course of application of the right causes an establishment of those criteria with which the court should be guided at an estimation of correctness of those or other actions of the person. The author analyzes the factors influencing formation of the judicial discretion at application of civil-law norms with estimated concepts.
Key words: rationality, conscientiousness, justice, concretizing law-making, discretion precedent
Kratenko M. V. (Krasnoyarsk) On the question of finance guarantees of shared building activity
In the article author discusses the problems related to insolvency of developers of block of flats. On examples from court practice the author reveals the deficiency of legislation on shared building, which complicate for investors the protection of their rights. In conclusion the author states some proposals for enhancement of legislation.
Key words: shared building, block of flats, insolvency, developer, insurance, mortgage
CRIMINAL LAW AND PROCEDURE
Vinokurov V. N. (Krasnoyarsk) The reasons of «object of crime – social relations» conception appearance in theory of the Russian criminal law
In the article the reasons for the appearance of concept «the object of crime – social relations» are analyzed. From the authors’ viewpoint they are of sociological, methodological and political nature.
Key words: society, criminal law, conception, object of crime, absence or unsuitable object, article of crime, social relations, harm
Bavsun M. V. (Omsk) Correlation of purposes, means and results of criminal law influence
The article is devoted to the problems of nonconformity of criminal law means of influence with the contemporary tendencies of criminality. It is pointed out that without definitely formulated purposes of criminal law its means of influence on criminality can not be effective. The authors’ conclusions are corroborated with empirically based research, analysis of contemporary literature and current criminal legislation.
Key words: criminal law, influence of criminal law, purposes, means, results, protection of public relations, criminality
QUESTIONS OF INVESTIGATION AND OPERATIVE-RESEARCH ACTIVITIES
Kotkin P. N. (Yekaterinburg) Extraordinary incidents as an object of criminalistics cognition
In the article a definition of extraordinary incident in its ties with definition of extraordinary situation is given. The author discovers some specific indications of corresponding class of criminal cases investigation.
Key words: extraordinary incident, extraordinary situation, criminal case, above investigation check up
LAW-MAKING ISSUES
From Professor V. B. Isakov’s collection of legislation mistakes
Contradictory, which contains in the article 346.25.1 of the Tax Code of the RF is covered.
Key words: Tax code of the RF, federal law, simplified system of taxation, hired workers
Zhiltsov M. A. (Yekaterinburg) Incorporation as a way of eliminating of system defects of the labour law
The Labour Code of the RF (2001) did not solve labour legislation codification problems. The author analyzes the defects of the labour legislation and suggests the way of eliminating them by incorporation.
Key words: incorporation, defects, labour law, eliminating
JUDICIAL PRACTICE
Romanovskya G. B. (Penza) Concept «association of citizens» in decisions of the Constitutional Court of the Russian Federation
In the article the concept «association of citizens» following of decisions of the Constitutional Court of the RF is considered. Their discrepancy is shown. Practice of wide interpretation of the given concept, in particular its distribution on the state enterprises, municipal formations is criticized.
Key words: association of citizens, the right on association, the right on appeal, Constitutional Court of the RF, commercial organizations, state institutions, state power bodies, municipal organs
EXPERTISE
Proshlyakov A. D. (Yekaterinburg) About no alienable status of juridical person – the victim on criminal case
The Criminal Procedure Code of the RF represented the status of the victim on criminal case to juridical person. Unfortunately legislator did not regulate situations of juridical person succession in criminal proceedings. The problems of juridical person succession have no adequate unified practical decision.
Key words: physical person, juridical person, victim, accused, succession, civil litigant, status, harm
Sorokotyagin I. N. (Yekaterinburg) Expert mistakes and their classification
In the article the notion of expert mistakes in judicial proceedings is given, procedural and research expert mistakes in criminal proceedings are disclosed on several examples.
Key words: court expertise, expert opinion, procedural and research expert mistakes, special knowledge
Galyukova M. I. (Chelyabinsk) Medical criterion of heaviness of harm to mans’ health determination
The author analyzes medical criterion of heaviness of harm to mans’ health determination according to new rules come in force September, 16, 2008 and are used in medical judicial expertise. These criterions are compared to criminal Code of the RF and other acts.
Key words: mans’ health, heaviness of harm, qualification of harm to mans’ health, medical criterion, qualifying characteristics, loss of earning capacity
SPECIAL CASES
Osintsev D. V. (Yekaterinburg) Going in opposite direction not on the opposite track
The author discloses the problems of p. 4 of art. 12.15 of the Code of the RF on Administrative Offences application and points out the need of more accurate definitions in this norm.
Key words: going in opposite direction, opposite track, two-way movement
PAGES OF HISTORY
Demin A. V. (Krasnoyarsk) On the problem of historical predecessors of tax and taxation
In the article the history of tax and taxation development is described. The author connects their appearance with clan and tribe communities reorganization and transition to neighbor community, formation of private property, proto-states appearance.
Key words: proto-tax, tax, taxation, property, goods exchange relations, neighbor community, proto-state
YOUNG SCIENTIST TRIBUNE
Schipanov A. V. (Yekaterinburg) About auxiliary and consultation organs attached to President of the RF
In the article nature and functions of organs formatted and attached to President of the RF are covered, the problem of their terminological designation is discussed.
Key words: President, President apparatus, auxiliary organs, consultation organs, the Administration of the President of the RF, State Council of the RF, Security Council
Kuznetsov K. B. (Yekaterinburg) Legal regulation of gas supply through connected network
The article touches upon the questions of legal nature of gas supply and transportation agreements. Some peculiarities of their establishment and usage are described. The article includes the notions of agreements of gas supply through connected network and of gas transportation through connected network.
Key words: natural gas, gas supply agreement, gas transportation agreement, contractors’ agreement
Grigoryev D. V. (Tyumen) On the question of formation and development of stock market in Russia
The author gives a brief overview of stock market formation and development in Russia, paying special attention to its modern history, formulates some ways of its progression.
Key words: market, bank credit, securities, sequritisation, stock exchange, mixed model of stock market
Variychuk E. K. (Voronezh) The place of allowance in tax legal regulation
The article is dedicated to the consideration of the allowance as one of the three basic methods of tax regulations. The author analyzes the importance and functions of the allowances in the mechanism of tax regulations. The author emphasizes the necessity of the allowance use as the effective method of the stimulation of an active taxpayer’s behavior
Key words: tax legal regulation, tax, allowance, prohibition, positive obligation
Kuzevanov A. S. (Yekaterinburg) Early pension provision in connection with the conditions of work in Russia and some countries of the CIS
In the article the separate actual questions of the early pension provision in connection with the conditions of work in Russia and some countries of the CIS are examined. In particular it is questions of financing, maintenance and guarantees of pension rights of citizens. Some conclusions are drawn with regard to the Russian pension system taking into account the legislation of Ukraine and Belarus.
Key words: early pension provision, professional pension
Milchyekhina Ye. V. (Saransk) Article 172 of the Criminal Code of the RF application
In the article the criminal legal analysis of norm about responsibility for illegal banking is carried out, attempt to reveal the basic problems of article 172 of the Criminal Code application is made. The author raises such questions as norm blanketness of art. 172, absence of legislative definition “banking”, subject of the crime.
Key words: bank, credit organization, illegal bank activity, licensing, blanket disposition, general subject, qualification
Kostovskaya I. V. (Yekaterinburg) About procedural form of adjudgement of evidence as an inadmissible during preliminary hearings
The author analyzes the problem of law-quality evidence excluding on the stage of preliminary hearings by adjudging them as an inadmissible and formulates her suggestions on Criminal Procedure Code of the RF improvement.
Key words: competitiveness, proceedings, inadmissible evidence, preliminary hearings, petition, judges’ independence
Shadrina Yu. V. (Yekaterinburg) Situational peculiarities of defence from accusation
In the article situations of professional defence on the stage of brining an accusation are analyzed. Tactical recommendations for an advocate challenging the accusation are given.
Key words: advocate, position of defender, situation of protection, protection from unsubstantiated accusation