Law and modern states - 2015 год

Все выпуски журнала

2015 год 2 номер

2015 год 1 номер

Law and modern states - 2014 год

Все выпуски журнала

2014 год 3 номер

Inna Proshina. THE IDEA OF «PRINCIPLE OF LAW» AS VIEWED BY THE PROPONENTS OF NORMATIVE THEORY

Abstract. Historically, the principles of law have been the debating point of the home legal studies. In this article, the author performed the...

Alexey Vorivoshin. OPERATION OF REGULATIONS IN VIEW OF SCOPE OF PERSONS: APPROACHES TO CLASSIFICATION

Alexey Vladimirovich Vorivoshin, student in the master’s program at the International Institute of Public Administration and Management of the Russian Presidential Academy of National Economy and Public Administration, e-mail: Spika4977@mail.ru....

Olga Belousova Elena Chibisova INSTITUTIONAL SUPPORT OF THE STATE INNOVATION POLICY IN THE SYSTEM OF RUSSIAN LAW

Olga Belousova, Doctor of Economics, Professor of Macroeconomic Management Department, Financial University under the Government of the Russian Federation, belousovaom@rambler.ru. Elena Chibisova, postgraduate student, Financial University under the...

2014 год 2 номер

Svetlana Boshno. CODIFICATION

Codification is a type of systematization. Unlike other types of systematization, in codifying the new regulation combines the provisions of the earlier acts with update elements.Codification is an area of lawmaking. Codified acts have a specific structure, divided...

Anatoli Samochkin. UNCONSTITUTIONALITY OF THE LEGISLATION ON TAX DEDUCTIONS WITH REGARD TO SUBDIVISION OF LAND LOTS

The article examines the legislation that regulates tax deductions in the field of operations with real estate. Legal conditions for granting tax deductions are framed by combination of tax legislation (Subparagraph 1, Para 1 of Article 220 of the Tax Code of the...

Ruslan Magomedov. PRIVATE REGULATORY LEGAL ACTS IN THE RUSSIAN FEDERATION

Regulatory legal acts possess certain characteristics, the presence of which determines their qualities. Historically the development of forms of law in the world followed various tracks, which led to appearance of several legal systems. That is why the notion and the...

Levon Batiyev. EVOLUTION OF LEGAL CONSCIOUSNESS FROM ANTIQUITY TO MODERN AGE (THESES TO THE HISTORY OF LEGAL PHILOSOPHY)

This article presents evolution and correlation of basic legal notions. Polysemy of the notion of justice (ius) is shown, including its concurrence with the notion of law (lex). Down to the Modern Age the notion ius was an expression of justness. As a freedom, and in...

Gadis Gadzhiev. ON THE PHILOSOPHICAL AND LEGAL MEANINGS OF THE RIGHT OF A PEOPLE TO BE THEMSELVES

In the present article the author makes an assumption that the wording of the preamble of the Constitution of the Russian Federation of 1993 that the multinational people of Russian «is united by a common fate on their land» is not just a decorative declaration, but...

2014 год 1 номер

Svetlana Boshno. FEATURES of LAW

The article discusses the signs of law allowing to understand the law as a particular kind of social regulation. An important feature of the law is certainty, which creates conditions for a uniform understanding and application of law. The article describes the...

Kira Sazonova. PROBLEMATICS OF RESPONSIBILITY UNDER INTERNATIONAL LAW IN RUSSIAN AND FOREIGN DOCTRINES OF INTERNATIONAL LAW

Responsibility under international law is one of the most complicated branches of modern international law. Further vector of international relations depends exactly on its development. The establishment of international responsibility law is beholden to a large...

Alexei Ivanov, Ivan Bogun. CORRUPTION AND POLITICAL CRISIS IN UKRAINE

Abstract. The article reviews issues of corruption and political crisis in Ukraine in the context of international organisations reports that estimate corruption levels and entrepreneurial climate worldwide. The article examines countries of the European Union and...

Sharkova Vasilyevna, Alieva Zaurovna, Monakhova Sergeevna. DEVELOPMENT OF SOCIO-ECONOMIC COOPERATION BETWEEN RUSSIA AND THE USA

Abstract. In context of recovery of modern global economy there is a visible trend of social partnership development in the majority of countries.The article deals with socio-economic issues of Russia and the USA. Authors explain in detail the future of Russian and...

Alexey Chepus. LEGAL ANALYSIS OF THE LEGAL LIABILITY OF THE EXECUTIVE BRANCH IN RUSSIA AND USA

This paper contains the analysis of the notion of the legal liability of the executive branch in two legal frameworks – of Russia and USA. The constitutional foundations of the architecture and operation of the USA executive branch are researched in details, with the...

Camilla Kozinets. BRIEF HISTORY OF RUSSIAN SYSTEMATIZATIONS OF LEGISLATION BY WAY OF CODE OF LAWS

This paper considers the history of systematization of legislation in Russia by way of code of laws. The author refers to the consecutive stages in the systematization history and describes in details the particular solutions and the work done. The earliest...

Maksim Smoljarov. HUMANIZATION OF PUNISHMENT. EVOLUTION OF THE CONCEPT IN DRAFTS OF NORMATIVE LEGAL DOCUMENTS OF THE XVIIIth AND EARLY XIXth CENTURIES IN RUSSIA

The article analyses how ideas concerning punishment fulfillment were developing in legislative proposals of normative legal documents of the XVIIIth and early XIXth centuries. The author emphasises the fact that despite the declared humanism, all legislative...

Yevgeny Reznikov. A NOTION OF LEGAL IDENTITY

This article analyzes theoretical and legal aspect of definition «legal identity», being a relatively new notion formulated by the science of theory of state and law. It must be noted that a social aspect of identity attains particular importance in modern conditions,...

Law and modern states - 2013 год

Все выпуски журнала

2013 год 6 номер

Svetlana Boshno. STATE

Abstract. The essence of a state is the expression of a society’s political organization. There are many approaches to the essence of a state: the elite theory, the technocratic theory, the pluralism theory and others. These are distinguished by their correlation...

Aleksandr Krasavin. PROBLEMS OF LAW-MAKING IN THE AREA OF TECHNICAL REGULATION

Abstract. The article states that the lack of conformity between the systems of norm setting, standardization, certification, control and inspection and modern demands and market relations is one of the key factors hindering the development of the economy of...

Pavel Seredin. LAW-MAKING OF LOCAL SELF-GOVERNING BODIES: PROCEDURE AND RESULTS

Abstract. The article describes the law-making activities of local self-governing bodies, analyses the laws regulating the local self-government system, and studies the nature of the power authorities of populationand their direct as well as their indirect expression....

Vladimir Zubenko. PROCEDURE FOR SETTLEMENT OF CONFLICT OF INTEREST IN THE FEDERAL GOVERNMENT

Abstract. The author analyses the role of legal education of the staff of closed fostering institutions in the enforcement of minors’ rights, in conjunction with the functions of the modern state; draws attention to the problem of damage to the legal consciousness of...

Yelena Ovsyanikova,Irina Savelyeva, Natalya Dolzhenko. PSYCHOLOGICAL CULTURE OF PERSONALITY AS A FACTOR IN THE PREVENTION OF PROFESSIONAL DEFORMATION

Abstract. The article presents issues about the psychological culture of members of professions of the “person to person” type, and preventive measures against professional defamation of members of the legal profession using the harmonization or optimization of their...

Marina Markhgeim, Stanislav Moskalenko. CONSTITUTIONAL ENTRENCHMENT OF THE PRINCIPLE OF THE EQUALITY OF RIGHTS AND FREEDOMS FOR MEN AND WOMEN: ANALYSIS OF FOREIGN PRACTICES

Abstract. The authors have studied equality of men and women as a constitutional principle in 24 countries of the world, including CIS. Not all the states supporting the principle have entrenched it precisely in constitutional acts. The USA, for example, has no...

Alevtina Novikova, Marina Markhgeim. MITIGATION OF HUMAN RIGHTS RISKS: CONSTITUTIONS OF FEDERAL STATES IN EUROPE

Abstract. The article presents the authors’ analysis of the constitutions of federal states in Europe (Austria, Belgium, Bosnia and Herzegovina, Germany and Switzerland) for the purpose of describing the norms in those constitutions that are directed at the mitigation...

Davydova Marina, Akhmetova Nailya. PROBLEMS OF METHODOLOGY AND METHODS OF ANTI-CORRUPTION EDUCATION IN RUSSIAN LAW SCHOOLS

Abstract. The article considers, from the perspective of the authors’ practical experience, the problems in methodology and method that arise when teaching the disciplines directed at developing an intolerancefor corruption. The authors point to the need to have an...

2013 год 5 номер

Marina Vasilyevna Markheym, Pavel Aleksandrovich Derevyanko. PATERNITY IN CONSTITUTIONAL CONTEXTS OF FOREIGN COUNTRIES

The article considers the CIS countries’ approaches to securing of paternity at the constitutional level as well as variants of determinations of law concerning paternity in some Western states.

Olga Nikolayevna Doronina, Shamil Vladimirovich Tarba. COMPARATIVE STUDY OF LICENCING ACTIVITIES IN THE FIELD OF NUCLEAR ENERGY USE IN THE RF AND THE USA

The paper considers and analyses Russian and foreign practices of organization of licensing activities in the field of nuclear energy use. On the basis of the analysis, recommendations are made on reduction of term of NPP licensing. The problem of reduction of NPP...

Ruslan Yuryevich Magomedov. PUBLIC AND PRIVATE LEGAL ACTS (COMPARATIVE STUDY OF THE USA AND THE RF)

This paper presents a comparative legal analysis of legal acts of the Russian Federation and the United States of America, researches the notion and characteristics of normalization, including various approaches to its understanding in the Russian and American legal...

Tengiz Merabovich Tatishvili, Alimbek Tuzemovich Khidzev. COMPARISON OF METHODS OF ANTI-CORRUPTION EXPERT EXAMINATION ESTABLISHED BY THE RF GOVERNMENT AND ADOPTED BY THE RF CONSTITUENT ENTITIES

The article makes comparative study of methods of anti-corruptionanalysis of regulatory legal acts and draft regulatory legal acts established by the RF government and methods of regulatory bodies of the Russian Federation constituent entities. Within the framework of...

Sergey Altunin. PROCEDURE OF ARRANGEMENT OF CONFLICT OF INTEREST IN FEDERAL STATE AUTHORITY BODIES

The issue of arrangement of conflict of interest in state service is one of key tools of anti-corruption enforcement. That’s why generalization, systematization and reduction to unified pattern of conflict of interest typical situations is important work on perfection...

Artyom Nagdaev. PRACTICABILITY OF USAGE OF SEVERAL TYPES OF ELECTRONIC SIGNATURES DURING WORK IN STATE INFORMATION SYSTEMS

The above-mentioned article, on the basis of practical experience of usage of electronic signatures in state authority bodies, as well as of law enforcement of rules and regulations of the Federal Law dated 06.04.2011 No 63-FZ «On electronic signature» in the course...

Igor Basilyevich Bashlakov-Nikolayev. ON DEVELOPMENT STRATEGY OF COMPETITION AND ANTIMONOPOLY REGULATION IN THE RUSSIAN FEDERATION

The paper analyses the Development strategy of competition and antimonopoly regulation for the period of 2013-2024 approved by the Presidium of FAS Russia on July 3, 2013. The Strategy purpose is development of competition in the Russian Federation and perfection of...

Svetlana Boshno. LAW SYSTEM AND LEGISLATION SYSTEM

This paperis a continuation of publication of the «Jurisprudence» textbook by Svetlana Vladimirovna Boshno. Law system is a key element of general theory of law. The major fundamentals of its construction are subject matter and method of legal regulation. Of great...

Darya Zabelina. STATUTE IN RUSSIAN LAW (A BRIEF HISTORY)

This paper presents one of the most ancient forms of regulatory legal acts of the Russian state – a statute: itsorigin, stages of development, sphere of regulatedjural relations. In the modern Russian legislation the form of legal regulation of jural relations in...

2013 год 4 номер

IVANOV ALEXEY. ANTI-CORRUPTION POLICY AND LEGAL REGULATIONS FOR COUNTERACTING CORRUPTION IN GEORGIA

Summary: The paper looks at the anti-corruption reforms in Georgia, reveals the legal framework for the counteraction of corruption in the country, gives an assessment of the reforms being implemented and their conformity with international rules and principles, and...

ZUBENKO VLADIMIR. ON THE QUESTION OF THE RELIEF OF MINORS FROM PUNISHMENT THROUGH PLACEMENT IN CLOSED FOSTERING INSTITUTIONS: SOME ASPECTS OF JUVENILE CRIMINAL POLICY IN RUSSIA

Summary: This article concerns deliberations on the legal nature of using enforcement measure of educational influence by way of placement in closed fostering institution with regard to minor offenders, analysing role of legal discretion in taking decision on relief...

MIKHAILOV VIKTOR. IS A RIGHTS ACTIVIST AN AGENT OR NOT? IMPARTIAL GLANCE FROM WITHIN

References: The article attempts to examine the situation formed in Russian society after acceptance of Amendments to a Federal Law, On NonCommercial Organizations, providing for additional requirements to non-commercial organisations performing the functions of...

KOLESNIK IRINA. THE NOTION AND INDICATIONS OF LAW ENFORCEMENT TECHNOLOGY

Summary: The subject of this study is the genesis of law enforcement technology as a type of legal technology or a subtype of law enforcement technology (or technology of making individual acts). Law enforcement technology may exist as a separate entity having...

GUSEINOV ABULFAZ. SOME TRENDS IN DEVELOPMENTS IN THE FIELD OF LAW IN POST-INDUSTRIAL SOCIETIES

Summary: The author analyses trends in developments in the field of law in post-industrial societies, such as the unification of the law based on a global phenomenon of acquiring values rooted in other cultures, known as acculturation, the standardisation of legal...

BOSHNO SVETLANA. INTERPRETATION OF LEGAL PROVISIONS

Summary: The author examines concepts, views, goals and ways of interpreting the law, and gives the definition and implementation of the rules of interpretation regulations. Provides that the interpretation of the law refers to activities aimed at establishing their...

VOROBYOV SERGEY. SOCIAL AND ECONOMIC METHODOLOGY FOR ASSESSMENT OF COMPENSATION FOR MORAL DAMAGE TO VICTIMS OF CRIME IN RUSSIA: PROBLEM STATEMENT

References: The article is devoted to problems of the assessment of compensation for moral damage to victims of crime, calculated using socioeconomic indices and depending on the social danger level of the moral damage. Attention is focussed on the degree of physical...

SHARKOVA ANTONINA, MERZLOVA MARIA. FACTORS OF THE FORMATION AND DEVELOPMENT OF HUMAN CAPITAL IN AN INNOVATION-BASED ECONOMY

Summary: This article considers the principal factors influencing the formation and development of human capital in an innovation-based economy. The most significant factors are determined by means of correlation and regression analysis. Given an estimate with an...

2014 год 3 номер

DOI на журналы №2, 3 (Eng + Rus)

Право и современные государства №2 Бошно С.В. Опубликование нормативных правовых актов Российской Федерации на официальном портале сети интернет: альтернатива и перспективы http://dx.doi.org/10.14420/ru.2013.2.1 Соловьев А.А. Значение анализа судебной практики в...

Law and modern states #3

CONTENTS Comparative legal studies Olga Seregina. The Development of Science and Technology as a Factor Contributing to Changes in Modern Legal Systems Valery Reutov. Alexander Vankov. On Consolidation as a Form of Systematic Arrangement of Legislation Sergey...

2013 год 2 номер

DOI на журналы №2, 3 (Eng + Rus)

Право и современные государства №2 Бошно С.В. Опубликование нормативных правовых актов Российской Федерации на официальном портале сети интернет: альтернатива и перспективы http://dx.doi.org/10.14420/ru.2013.2.1 Соловьев А.А. Значение анализа судебной практики в...

Law and modern states #2

Contents Development of Russian Legislation Boshno S.V. Internet Publication of the Normative Legal Acts in the Russian Federation: Alternatives and Perspectives Solovyev A.A. Importance of court practice review in Russian arbitration (commercial) court proceedings...