Annotations №6 / 2009
LAW AND… PROPERTY
Arkhipov S. I. (Yekaterinburg) The ways of property development
In the history of scientific thought three basic approaches towards the meaning and development of property are singled out: liberal, social and service, nihilist. Pros and cons of these approaches are shown. The necessity of their interaction in understanding of property as a form of social legal differentiation and integration of subjects is grounded.
Key words: subject of law, property, thing, right of ownership, property freedom, integration
METHODOLOGY OF STATE AND LAW RESEARCH
Gryaznova T. E. (Omsk) Theory of state origin in the Russian sociological jurisprudence in the end of XIX and the beginning of XX centuries
The article deals with the theory of state (origin, essence, social appointment) of the greatest representatives of the social direction in the forming of the sociological appointment in the second part of the XIX century: V. I. Sergeevitch, A. D. Gradovskiy, N. M. Korkunov, S. A. Muromtsev, N.I. Lazarevskiy, F. F. Kokoshkin, M. M. Kovalevskiy.
Key words: State, V.I. Sergeevitch, A.D. Gradovskiy, N.M. Korkunov, S.A. Muromtsev, N.I. Lazarevskiy, F.F. Kokoshkin, M.M. Kovalevskiy
Briksov V. V. (Moscow) Constitutional legal aspect of public entities and their organs participation in civil legal relationships
The character of relationship between public entities and their organs is described. Taking into account constitutional principles of general legal regulation (for example legal distinctness) it is proposed to authorize some organs of public entities (first of all, public treasury, as special executive organ of public body) with civil legal personality.
Key words: constitutional principles, civil legal personality, public entities rights
PUBLIC ISSUES AND POLITICAL SCIENCE
Aranovskiy K. V., Shishkina O. Ye. (Vladivostok) About constitutional backgrounds of negative pre-election agitation prohibition
The nature and basis of legislative prohibition of air time usage with an aim of pre-election agitation against candidates and electoral unions are analyzed.
Key words: elections, restrictions, right to information, pre-election agitation, freedom of speech
Mishunina A. A. (Tyumen) About state regulation of migration process in the Russian Federation
Modern problems of legislative regulation of migration relations in the Russian Federation are analyzed, suggestion on legislature improvement in this sphere are made.
Key words: state migration policy, state regulation, migration process, immigration, outer migration, labour migration
Rykov V. Ye. (Yekaterinburg) Separatism in the USA: historical backgrounds, the present and perspectives
Phenomenon of racial, ethnical separatism in the USA is analyzed, its historical backgrounds are shown, the modern examples are given, the reasons of possible future intensification are characterized.
Key words: separatism, ethnic and racial conflicts, native population, territorial sovereignty, illegal migrants, struggle for independence
UNUSIAL VIEW
Ponomaryeva I. P. (Yekaterinburg) Ideal state was real
The proposition is made that characters of ideal state formulated by Platon can be found in social organization of «Country of towns» – settlements that was 4 000 years ago on the territory of modern Southern Ural.
Key words: ideal state, law, Platon, information society, Arkaim, «Country of towns», complicated dynamic systems, universe
INTERNATIONAL LAW
Biryukov P. N. (Voronezh) Prevention of EC financial system usage with an aim of «money laundering» and terrorism financing
The appearance and contents of EC legal acts aimed at prevention of EC financial system usage with an aim of «money laundering» and terrorism financing are described.
Key words: EC financial system, terrorism financing, «money laundering», financial investigation service, subsidiarity and proportionality principles, felony
Mezyaev A. B. (Kazan) International legal aspects of International Criminal Court decision on warrant of arrest for President of Sudan
The author discloses the contents of International Criminal Court decision on warrant of arrest for President of Sudan and explains its juridical lameness.
Key words: Security Council, UN Charter, International Criminal Court, pre-trial chamber, court jurisdiction, Sudan, warrant of arrest
LOCAL SELF-GOVERNMENT AND MUNICIPAL LAW
Muravschenko V. B. (Omsk) Subject of regulation of legislation on municipal service
The sphere of distribution and limits of legal regulation of the municipal service is considered. The subject of legal regulation on the municipal service is entering, working and finishing of the municipal service and also legal status of the municipal employees. The author represents his opinion on a problem of a parity of the federal laws and the laws of the regions of the RF on the municipal service.
Key words: legislation on municipal service, municipal employee, Subject of regulation, laws of the regions of the RF
Schurilov A.V. (Kovrov) Development of lease relations in the field of municipal property
The article is devoted to the question of the effectiveness of the municipal property management. The author gives the analysis of the methods of calculation of the rent for non-residential premises applied by the administration of the municipality. Appropriate measures on increasing of income from use of the property and maintenance of the competitiveness of items of immovable property are proposed.
Key words: municipal property, rent, local budget, basic rate of the rental payments, the methods of calculation of the rental payments
ECONOMICS AND LAW
Chikulaev R.V. (Perm) On the question of improvement of legal work in financial market enterprises
On the basis of legal norms the definitions of «financial market enterprise», «law work» are proposed and the characteristics of legal work in such firms are discovered. Genesis of normative regulation of legal work in the Russian enterprises is researched. A higher role of legal work and the necessity of its improvement in modern conditions are proved.
Key words: legal work, financial market enterprise, principles, normative regulation
CIVIL LAW AND PROCEDURE
Kokorin A.S. (Moscow) Commercial concession contract in the light of the fourth part of the Civil Code of the RF
The author considers changes concerning legal regulation of commercial concession contract and connected with effectiveness of the fourth part of the Civil Code and the law of its consummation. A big attention is devoted to the correlation between the commercial concession contract and the license contract, a question about application of any rules regulating the license contract to the commercial concession contract is considered.
Key words: commercial concession contract, license contract, the fourth part of the Civil Code of the RF
Afanasyev S. F. (Saratov) On civil legal responsibility of judges
The author discusses the possibility of use of judges’ civil legal responsibility for the damage caused during administration of justice when settling a civil dispute use.
Key words: courts’ mistake, judges’ fault, civil legal responsibility damage caused during administration of justice, civil dispute
ADMINISTRATIVE LAW AND PROCEDURE
Sheripov N. T. (Kyrgyzstan, Bishkek) Pressing questions on fight against corruption in the system of public service of the Kirghiz Republic
In the article pressing questions on fight against corruption in the system of public service of the Kirghiz Republic are considered. As a result of the complex analysis a number of organizational and legal measures on elimination of corruption among civil servants are offered.
Key words: public service, civil servants, corruption pressing
CRIMINAL LAW AND PROCEDURE
Tetyuev S. V. (Chelyabinsk) Teacher (psychologist) participating in interrogation of a juvenile and “other” participants of criminal proceedings: common and peculiarities
The status of teacher (psychologist) in criminal proceedings is disclosed, the correlation of his status with the status of «other» participants of criminal proceedings is shown.
Key words: teacher, psychologist, juvenile, criminal proceedings, «other» participants, interrogation
COMPARATIVE JURISPRUDENCE
Torop Yu. V. (Yekaterinburg) The peculiarities of promulgation and publication of the law as a stage of legislative process in parlamentary federal states of Western Europe
In the article on the example of federal states of Western Europe (Austria, Belgium, Germany, Switzerland) the content of such a stage of legislative process as promulgation and publication is given. The author pays big attention to analysis of executive bodies functions and other peculiarities of this stage in the named countries.
Key words: legislative process, stage, promulgation, publication
Bogustov A. A. (Belarus, Grodno) Property of formalism of security in legislation, doctrine and law application practice of CIS countries
On the basis of comparative research of property of formalism of securities the conclusion that infringement of the form of security can be shown not only in absence of requisites is drawn. Infringement of the form of security can be shown in inclusion in security of requisites unforeseen by the law, in inclusion of a requisite with defect of the form, in inclusion in security of requisites executed in the inadequate way.
Key words: formalism, security, CIS, requisites, infringement of the form of security
LAW-MAKING ISSUES
Kuchin O. S. (Vladivostok) About necessity of legislation on precious stones revision
The issues of revision of the Federal law on precious stones, the Criminal Code of the RF are discussed. The author suggests to change the list of precious stones.
Key words: precious stones, rubies, sapphires, natural pearls, precious stones turnover
Chetvertakova Ye. S. (Chelyabinsk) Modern concept of regional law-making in theory and practice
Modern approaches to the concept of «regional law-making» are researched, on the one hand, as complicated, multisided and rich in its content social event of managerial nature, and on the other hand – as goal-oriented active performance of the state authorities of the subjects of the RF in terms of formulating rules of behavior that are significant and mandatory for this region. The opinions of scientists regarding the concept and contents of regional law-making activity, and the laws of the subjects of Russia where law-making procedure is regulated are analyzed.
Key words: law-making, subject of the Russian Federation, federal State, legislature establishment
JUDICIAL PRACTICE
Savin I. G. (Ryazan) Peculiarities of foreign military servants studying in the institutes of higher education of MD of the RF right to appeal against illegal actions of commanders within judicial proceedings realization
Basic peculiarities of foreign military servants studying in the institutes of higher education of MD of the RF right to appeal against illegal actions of commanders within judicial proceedings realization are disclosed in a nutshel.
Key words: foreign military servants, contract, right to appeal, illegal actions, judicial proceedings
EXPERTISE
Ivanov N. A. (Omsk) Judicial paleography
Technologies and procedures of source and time of documents creation with an aim of authenticity, facts of falsification ascertainment as one of the areas of the procedural law are disclosed in the article.
Key words: written evidence, judicial paleography, authentic, false
SPECIAL CASES
Dividing powers on the road
By way of example the problem of calling to account for the breach of traffic safety rules through the prism of the principle of separation of powers is analyzed.
Key words: speeding violation, infringement, separation of powers, judicial powers, state prosecution
LEGAL HERITAGE OF RUSSIA
Bazhenova T. M., Zipunnikova N. N. (Yekaterinburg) «All parts of state service need competent executor…»: on the occasion of 200 anniversary of Order on civil service rank exams
The meaning and contents of registered Order from the 6th of August of 1809 «About the rules of promotion to civil service rank and on the exams in sciences for promotion to college assessor and state councillor» are described.
Key words: registered Order, exams on civil service rank, exams in sciences, special training of officialdom
PAGES OF HISTORY
Smirnov V. N. (Yekaterinburg) Advocacy of the Middle Ural in soviet and post soviet times
On the basis of archive documents, normative legal acts analysis the history of the Middle Ural advocacy development in soviet and post soviet times is disclosed.
Key words: advocacy, professional defense, feeling for law and order, advocacy self-government
Motrevitch V. P. (Yekaterinburg) The carrying out of the state procurements of agricultural products in the Ural region during the Great Patriotic War
The article explores the carrying out of the State procurements of agricultural products in the Ural region during the Great Patriotic War. It focuses on the changes in legislation under martial law, defines the principles and methods of confiscating agricultural products and researches the results of the natural taxation of agricultural enterprises and individual farms.
Key words: state procurements of agricultural products, the Great Patriotic War, confiscating agricultural products, natural taxation
YOUNG SCIENTIST TRIBUNE
Bykov O. P. (Barnaul) Philosophical and legal basis of persons’ rights and obligations unity
The author considers the problem of ensuring the unity of subjective rights and obligations as the legal forms of transformation of individual and social interests, analyzes the character of interaction of the persons’ rights and obligations.
Key words: rights, obligations, person, unity, legal form of transformation of interest
Bryzgunova O. V. (Penza) On the notion of economical system of the subject of the RF
On the basis of regional acts analysis the author comes to a conclusion that social market economy is an objective expression of economical system of the subject of the RF. The need of basic norms defining principles of state regulation of economical relation is grounded.
Key words: subject of the RF, economical system, economical space, social market economy, property
Lots D. N. (Krasnoyarsk) On the question of legal regulation of oppositional activity in the modern states: theoretical legal aspect
The author in details analyzes in theoretical legal aspect of a problem the categories connected with legalisation opposition in Russia, considers legal experience of legislative registration of oppositional activity in a number of foreign countries, delimits opposition typology.
Key words: оppositional activity, legal regulation, opposition typology, the subject of opposition, parliamentary opposition
Varaksina I. V. (V. Pyshma) Land relations as the subject of constitutional law regulation
The article analyzes the provisions of the Constitution of the RF concerning land (articles 8, 9, 35, 42, 58, 71, 72, etc.). On their basis the classification of land relations and their structure are grounded, the verdicts of The Constitutional Court of the RF regarding land relations and developing the constitutional characteristics of land is studied. The main directions of constitutional norms of the specific meaning of land among other natural resources, land property, its efficient use and protection by the federal land laws are given.
Key words: Constitution of the RF, verdicts of The Constitutional Court of the RF, land relations, federal land laws
Byzova M. N. (Yekaterinburg) Principles of preparation and realization of public prosecutors’ reaction acts
On the basis of doctrine, modern legislation and legal practice the author discloses the principles of public prosecutor reaction acts, among them: lawfulness, adequacy, convincingness, urgency, foresight and inevitability to restore law, indirect influence.
Key words: principles, reaction acts, public prosecutor, lawfulness, urgency
Vodolazova A. Yu. (Surgut) About some issues of establishment of municipal entities boundaries
The author examines in detail the practical issues of local government arising from the establishment of municipal boundaries of town Surgut urban districts. Provisions of federal and regional legislation are not clear in determining the boundaries of land. Particular attention is paid to relations between the concepts of «frontier town», «municipal boundaries».
Key words: «frontier town», «municipal boundaries», municipal entities, boundaries, Surgut urban districts
LIBRARY
Stanskikh S. N. (Moscow) Review of the book: Krotov M. V. Speeches of President of the Russian Federation authorized representative in the Constitutional Court of the RF (with enclosure of decisions of the Constitutional Court of the RF): collection / ed. by M. A. Mityukov – Moscow: Prospect, 2009. 640 p.