Annotations №5 / 2010


The second batch of materials of the 4th session of Euro-Asian juridical congress including reviews of experts groups and their resolutions on the problems of modern ways of civil jurisdiction development, role of public authorities in legal provision of economical integration within Euro-Asian area.

Bublik V. A. (Yekaterinburg) Foreign-economic policy of modern Russia

The author’s evaluation of foreign-economic policy of the RF development is represented. Projections on modification and innovative changes in foreign-economic activity of Russia are made.

Key words: innovations, foreign-economic policy, development, energetics

Abalduev V. A. (Saratov) Сodification of labour legislation of the EurAsEC – a basis of the coordination and perfection of national legal policy in labour area

Article represents expert’s judgement on the project of Bases of the labour legislation of the EurAsEC, submitted to consideration of the 4-th session of congress . The author analyzes the legal concept of the project from positions of the legal form of execution and a content of offered norms on the branches of the labour law. The project of Bases is estimated with the use of data on participation of the states in acts of the ILO and from positions of integration of legal policy in labour area.

Key words: legal policy, the EurAsEC, harmonization of the labour law, the Basis of the labour legislation, international agreement, conventions of the ILO


Boginich O. L. (Ukraine, Kiev) Genesis of law as a law of power

Problem of the genesis of law as a law of power is considered. The author researches historical forms and practice of realization in conditions of the modern states.

Key words: genesis of law, law of power, law of formal equality

Malko A. V., Semikin D. S. (Saratov) Judicial acts as a special version of legal acts

In conditions of increase of attention to the judiciary the question on judicial acts deserves interest. The given term is actively used both in the scientific literature and in the legislation. However till now there is no common opinion about its understanding. In the article the general concept of judicial act is formulated, its attributes are analysed, classification of judicial acts is resulted. The authors show a role of judicial acts in the modern legal system.

Key words: legal act, decision, court ruling, judicial system, judicial act, classification, attribute, court

Teplyashin I. V. (Krasnoyarsk) Legal activity of the Russian citizens: perspectives of category research

The author researches the category of legal activity of the Russian citizens, detects the forms, types and functions of legal activity, the factors of this legal category forming. Perspectives of future research of this category are estimated.

Key words: legal activity of citizens, sense of justice, legal culture, legislation


Trofimov V. V. (Tambov) Lawmaking in the modern society: urgent aspects of theory and methodology

Theoretic-legal and methodological prospects of a modernized complex approach to lawmaking cognition are determined. The base is made for the necessity of studying social interaction as an ontological basis of law. Social-interactive rules of the process of law formation are described. The attention is focused on the problem of law formalization. Legal forms appropriate to micro- and macro-social levels of the modern society legal life are analyzed.

Key words: lawmaking, modern society, social interaction, methodology, modernization, legal life, legal forms

Volkov Yu. V. (Yekaterinburg) On the question of informational law method

Different approaches towards informational law method are represented. On the basis of comparative analysis the author suggests basic model of informational law method. In addition he overviews level approach and method of legal technology.

Key words: information, informational law, informational law method, legal technology


Osintsev D. V. (Yekaterinburg) State service in the system of state government (problem of legal institute)

The article is devoted to one of the most difficult question not yet solved in juridical science – applied-research belonging of state service activity. The author suggests to consider state service as a constitutional legal institute provided by administrative regulation by force of direct participation of state servants in state functions realization.

Key words: state service, differentiation of state administration, methods of administration, labour and management

Baev V. G. (Tambov) Legal basis of Prussian Germany development in the system of the European states

The author analyzes O. von Bismarck’s political and legal views on development Prussian Germany in the key of relationships with the European states. Also the researcher attends moral and religious principles of the «iron chancellor’s» military doctrine.

Key words: Bismarck, Germany, Austria, France, war, liberty, sovereignty, right to self-determination


Mukanov R. Zh. (Moscow) Forming of social doctrine control of criminality and its development in the Republic of Kazakhstan

Theoretical and historical preconditions of social control of criminality doctrine formation and its development in the Republic of Kazakhstan are analyzed. The author points out the need of optimal model of social control of criminality creation, forming of effective and consistent policy in the sphere of criminal justice, harmonization of relations between the law enforcement bodies and the citizens and civil society role in control of criminality in the Republic of Kazakhstan.

Key words: social control, criminality, struggle with criminality, criminality prevention


Burkov A. L. (Yekaterinburg) Reception of the European Convention for the protection of human rights and fundamental freedoms by the Supreme Court of the RF in decisions of Plenum and in consideration of particular cases

The article is a part of a bigger research on the issue of reception of the European Convention for the protection of human rights and fundamental freedoms and the European Court of Human Rights case-law by the Russian legal system. The article compares normative explanations by the Plenum of the Supreme Court of the RF on domestic application of the European Convention and the Russian Supreme Court's practice of consideration of particular cases with the use of the European Convention and case-law of the European Court of Human Rights.

Key words: European Convention for the protection of human rights and fundamental freedoms, European Court of Human Rights, normative explanations by the Plenum of the Supreme Court of the RF, direct application of international legal norms


Gusev A. V. (Yekaterinburg) Problems of implementation of interdepartmental character international agreements of the law-enforcement bodies of executive authority

The questions of implementation of international interdepartmental agreements concluded by the law-enforcement bodies of executive authority with relevant authorities of the foreign states are analyzed. The author makes an attempt to single out some problems of interdepartmental character international agreements implementation therefore the ways of improvement of legislation and intradepartmental creation of regulatory acts are suggested.

Key words: international agreements implementation, international interdepartmental agreements, law-enforcement bodies of executive authority, forms of implementation of international interdepartmental agreements


Makeev N. N. (Abakan) Some aspects of removal from position the heads of municipal entities in connection with institution of criminal proceedings against them

The article characterizes the method of actions worked out by Khakass public prosecutors which allows to remove from position the heads of municipal entities when the court hasn’t awarded custodial coercion and prohibition of specified activity or holding specified position.

Key words: head of municipal entity, removal from position, criminal responsibility, anticorruption measures

Sergeev D. B. (Abakan) Institute of local community of municipal entity: hard way into the modern Russian law

The term «local community» use in the Russian law is analyzed. The author makes a conclusion that there is a hidden presumption of local community existence when municipal entity is created and suggests to understand by local community the persons living on the territory of municipal entity and having right for local self-governing.

Key words: local community, population of municipal entity, local self-governing

Zagidullin R. I. (Kazan) Authorization of the local government with certain state powers: the problems of conceptual apparatus

The article is devoted to the analysis of the conceptual framework used in existing federal legislation denotatum public authorization of the local government. The modern legislation of Russia denotes the public authorization of the local government with different terms: «lodgement», «delegation», «transmittal», «assignment» and «accordance». The diversity in terminology of the institute of «public authorization of the local government» is caused by the socio-political factors. While entering new terms in the legislation it is necessary to have a comprehensive approach: consideration of international experience in this field, usage of the conceptual framework existing in the Russian jurisprudence.

Key words: local government, public authorization, disposal of public authority, regional legislation, federal legislation


Sementsov V. A. (Krasnodar) New investigation activity – examination of evidence using polygraph

The need to enlarge the system of investigation activity with a new cognitive technique – examination of evidence using polygraph – is grounded. The aim, factual and juridical grounds, reasons and procedural rules are analyzed. The author formulates suggestions on art. 58 of the CPC of the RF and of p.1 art. 307 of the CC of the RF amendments concerning criminal responsibility of a specialist deliberately giving false report. New redaction of art. 194.1 of the CPC of the RF «Examination of evidence using polygraph» is given.

Key words: examination of evidence using polygraph, specialist report, investigation activity, test questions, interrogation

Suprun S. V. (Omsk) Inquiry – shortened investigation?

The legislation approach towards differentiation of pretrial inquest on investigation and inquiry is based on scientific criteria not changing the searching activity of investigator. But if the meaning and contents of searching activity are the same why legislator differs investigation and inquiry?

Key words: forms pretrial inquest, investigation, inquiry, investigator


Cherkashin Ye. F. (Yekaterinburg) Criminal incapacity (criminological and social legal aspects)

The author from scientific and practical viewpoint characterizes theoretical basis of criminal incapacity, considers the notion of incapacity, its legal nature, contents, essence.

Key words: criminal incapacity, enforcement measures of medical character, responsibility, punishment

Sokolov Yu. N. (Yekaterinburg) Informational character of criminal procedure evidence

Various views of legal scholars on form and substance of evidence in criminal procedure are examined, analyzed and generalized. Basing on the information concept of the notion «evidence» the author suggests and establishes his own view on information content of form and substance of evidence in criminal procedure as a phenomenon of the present-day reality.

Key words: information, signal, data, factual data, source, evidence in criminal procedure


Burykin D. A. (Ulyanovsk) Changes in the legislation on the limited companies and state registration of juridical persons: aims and possible consequences of corporative legislation reform

The article represents the review of the basic changes in the legislation on the limited companies. The author spends the deep analysis of changes in legal regulation of the limited companies and the state registration, basing on earlier existed practice, and also through a prism of worldglobal tendencies of liberalization of legal regulation of the legal entities.

Key words: limited liability companies, sale of shares, shareholders agreements, registration of the limited companies

Rot L. G. (Novosibirsk) The nature of responsibility of individuals replacing the parents in the case of not fulfilling their obligations

The article discusses the family law issues concerning the existence of responsibility of individuals replacing the parents (adoptive parents, foster parents, trustees, guardians). The author concludes that the termination of family relationship with the participation of these individuals implements protective measures. The article also makes proposals aimed at improving the legislation and judicial practice on these issues.

Key words: protective measures, foster family, trusteeship, guardianship, liability, family law, adoption

Klyaus N. V. (Omsk) On the defects of civil form of action of the patent procedure

In the article the defects of civil form of action of the patent procedure are noticed. The suggestions on improving civil procedural legislation are contributed.

Key words: civil procedure, civil form of action, patent procedure

Mishutina Eh. I. (Saratov) On the question of values and axioms of civil procedure law correlation

The article is devoted to a problem of legal values as non-studied problem in a modern science of a civil procedure. The author defines terminology of this central axiology’s concepts and axioms as form of fixation in law.

Key words: civil procedure legal values, forms, fixation in law, axioms


Chermyaninov D. V. (Yekaterinburg) On the question of subjects’ of customs legal relations classification

The author researches the subjects of customs legal relations and according to his original classification they are divided into 3 categories and 8 groups. The scheme of these subjects interaction is represented.

Key words: customs legal relations, subjects, broker, transporter, customs warehouse, classification

Lisitsa V. N. (Novosibirsk) Legal treatment for business activity in a special (free) economic zone

The content of special legal treatment for business activity in special (free) economic zones in Russia and other countries is considered. It is preferential and it can include in different combination privileges in tax, custom, monetary regimes, as well as favourable order of banking regulation, confidentiality, absence of quantity and other restrictions, simplified order of registration of business, etc.

Key words: business activity, special (free) economic zone, privilege


Nepochataya I. V. (Yekaterinburg) The system of measures to maintain labour employment during the period of financial crisis: law-organizational aspects

The article is devoted to the labour market situation during the period of world financial crisis. The author considers the system of law-organizational measures undertaken by federal public authorities, authorities of the subjects of the Russian Federation to decrease intensity on a labour market.

Key words: labour employment, unemployment, employment maintenance, state policy in employment sphere, labour market


Chulichkova Ye. V. (Yekaterinburg) The role of interest category in constitutional legal regulation of preservation of the environment

The meaning of category «interest» in constitutional legal regulation of preservation of the environment is shown in the article. The special attention is brought towards the need of private, public, ecological and economical interests guaranteeing in this sphere.

Key words: interest, need, motive, preservation of the environment, constitutional legal regulation


Grigoryev I. V. (Yekaterinburg) Optimization of procedures of independent experts – specialists participation in commissions on state civil service activity

The procedure of independent experts – specialists participation in activity of commissions created in state bodies is characterized. The author’s analysis of basic problems concerning the status of these experts is given.

Key words: state civil service, independent experts – specialists, attestation, competition, conflict of interests


Drapkin L. Ya (Yekaterinburg) Pages from investigators diary

This is the fifth part of autobiographical essay of one the prominent criminalist of modern Russia – professor L. Ya. Drapkin.

Key words: criminalist, investigator, criminalistics, versions, prominent

Alekseev V. I. Imposition of criminal punishment in the context of the Russian penitentiary policy (1864-1917)

Historical and methodical aspects of the criminal punishment imposed by the court are analyzed. In 1864 the character of punishment execution changed. Procedural norms of the new judicial charters precisely characterize the procedure and forms of realization of individualization and differentiation of criminal punishment in the context of the Russian penitentiary policy.

Key words: the Russian penitentiary policy, concept of punishment «urgency», judicial charters of 1864, humanization of punishment execution

Polikarpova Ye. V. (Moscow) Narodnik alternative to agricultural legislation of «military communism»: the problem of choice

The program suggestions of narodnik and neo-narodnik movements on agricultural policy in 20-30th years of XX c. are described. The author gives her opinion on positions of these movements and possible consequences of their programs realization.

Key words: «military communism», narodnik and neo-narodnik movements, NEP


Vasiliadi A. G. (Ufa) Review of the book: «Vinokurov V. N. Object of crime: history of development and understanding. Monograph. – Krasnoyarsk: the Siberian Juridical Institute of MIA of the RF, 2009. – 140 p.»

Nesmeyanova S. Eh., Salikov M. S. (Yekaterinburg) Review of the book: «Avakyan S. A. Constitutional law of Russia. 2 vol. – 4ер ed., M.: Norma-Infra, 2010»