Contents of issue # 5/2013

Constitutional Law Foundations of Interaction of Political Parties and State

A. E. Postnikov

doctor of jurisprudence, professor

E-mail: const@izak.ru

The article describes (including the historical context) the development of constitutional and legal basis for interaction between the state and political parties. The article contains an analysis of the relationship of the principles of political pluralism and political competition.

Keywords: government, political parties, constitutional law, political pluralism, political competition, dominance.

Permissive Powers of Federal Executive Authorities

S. M. Zyryanov

doctor of jurisprudence

E-mail: adm1@izak.ru

Permissive mode of legal regulation is one of popular, but its implementation fraught with danger of unreasonable restrictions of human rights, corruption etc. In article analyzes problems of establishing permitting authority and their implementation.

Keywords: mechanism of legal regulation, permission, license, administrative-legal modes.

Monetary Penalties: Issues of Legal Identification

I. I. Kucherov

doctor of jurisprudence, professor

E-mail: fin@izak.ru

The article deals with the problems of the legal identification of monetary penalties. The author defined the legal nature, form and foundation monetary penalties.

Keywords: monetary penalties, official enforcement, identification, sanction, financial and legal responsibility, arrears, penalties, fines, confiscation.

Soft Law in the Modern Legal Discourse [part one]

Yu. B. Fogelson

doctor of jurisprudence

E-mail: fglsn@yandex.ru

This paper is an attempt to understand the causes of appearance of the term “soft law” in modern legal discourse. Found common communicative attributes of the phenomena of “law” and “soft law”, which allows at the same time distinguishing both from other social commitments. It is shown that soft law should be seen as a kind of law in a polycentric legal system. The idea of a polycentric legal system appeared in legal discourse in connection with the exhaustion of “capacity” of the legal apparatus of the state. The way to ensure the rule of law principle in a polycentric legal system is considered.

Keywords: soft law, communicative attributes of law and soft law, polycentric legal system, rule of law principle.

Genesis of the Theory of Legal Socialization

V. N. Gulyaikhin

doctor of philosophy, professor

E-mail: gulyaich@yandex.ru

This paper examines the main stages of nucleation and the formation of the legal socialization’s theory. The author selected its two most influential conceptual areas: cognitive development and social learning. The author concluded that establishment of the legal socialization’s theory as an independent scientific field with its categorical apparatus, a specific range of research problems and the settled methodological approaches had ended by middle of the 90th years of the XX century.

Keywords: legal socialization, legal consciousness, legal culture, legal values, the agents of socialization, legal education, legal theory.

Invalidity of Elections as A Result of Crimes against Suffrage

V. V. Viskulova

PhD in law 

E-mail: viskulova@mail.ru

The conducted in 2011—2012 in Russia Federal Elections have sharply as never before raised the issue of admitting voting and election results invalid. It can be possible only as an exception for the serious electoral legislation violation, the list of which is not normative set (it causes a lot of subjective judgments in the law enforcement). While addressing to a basic foundation of the elections invalidity institute and law enforcement practice in a historical retrospective, the author offers some ways of its modernization.

Keywords: voting results, election results, elections invalidity, responsibility.

Legal Regime of Lands of Conservation Zones of Natural Objects and Complexes

O. A. Zolotova

E-mail: aurumolesya@gmail.com

In this article a study of the legal regime of land buffer zones of natural objects. Analysis of legislation and enforcement of buffer zones of these facilities has allowed the author to draw general conclusions about the content of the legal regimes of their lands and make recommendations for improving the legislation in this area.

Keywords: buffer zones, the legal regime of land buffer zones, environmental protection.

Counteraction against Corruption in the Activity of Police and Court: Experience of the Russian and Foreign Regulation

A. A. Gravina

PhD in law, associate professor

E-mail: crim@izak.ru

The articles refers to governing by a Russian and foreign law of reducing the corruption risks in police and courts’ activity as well as determining the main directions of struggling with corruption there. It deals with prohibitions imposed by Russian and foreign law on the civil servants, policemen and judges as well as particular steps aimed to reducing influence of corruption factors in police and rendering justice.

Keywords: corruption, corruption factors, police, securing the order, independence of the judges, concept of “non-interest of a state officer”, public control, social status of a policemen, conflict of interests, access to justice.

Execution of the Decisions of the Constitutional Court of the Russian Federation

A. N. Kokotov

doctor of jurisprudence, professor

E-mail: kokotov@ksrf.ru

The article analyses mechanism of execution of the decisions of the Constitutional Court of the Russian Federation. The execution process combines law-enforcement and lawmaking methods of direct execution of constitutional decisions on the one hand and measures for ensuring such execution on the other hand. Among the ensuring measures are allocated measures directed on execution of concrete decisions and measures connected with maintenance in proper condition the mechanism of execution of constitutional judgments. Among the measures connected with maintenance in proper condition the mechanism of execution of constitutional judgments are called lawmaking, law-enforcement and control measures.

Keywords: decisions of the Constitutional Court of the Russian Federation, mechanism of execution of decisions of the constitutional courts, direct execution, the execution methods, time of execution, ensuring of execution, execution quality.

Unification of Legal Regulation of Demand Guarantee in the Foreign-Economic Activity

T. P. Lazareva

PhD in law

E-mail: pil@izak.ru

The article deals with international unification problems on legal regulation of demand garantees. There are overviewed actual points of such regulation under ICC publications and United Nations Convention on Independent Guarantees and Stand-By Letters of Credit.

Keywords: demand guarantees, stand-by letter of credit, ICC publications, The ICC Uniform Rules on Demand Guarantees (URDG), United Nations Convention on Independent Guarantees and Stand-By Letters of Credit.

Legal Regulation of Contract for the International Sale of Goods between the Subjects of Entrepreneurial Activity of the CIS States

A. G. Aksenov

PhD in law

E-mail: aksenov-ag@ya.ru

The article considers legal regulation of the contract for the international sale of goods between business entities of the CIS countries within the frameworks of international legal acts. In the conclusion of the article the author brings forward a proposal on development of the new Agreement in CIS to regulate such relations.

Keywords: contract for international sale of goods, Vienna Convention on Contracts for the international sale of goods, Agreement of CIS countries “On general conditions of deliveries of goods between organizations of CIS member states”, UNIDROIT Principles of International Commercial Contracts, Incoterms.

Visualization of Law

N. A. Chuyko

E-mail: study@izak.ru

In the present article the author examines the new ways of communication and their influence on the legal sphere. The research focuses on whether the multimedia and visual tools could materialize the form which the law takes in its expression and be used to fulfill its functions and tasks. For this reason the author analyses the interconnection of law from one side and the language, written text, symbols and images from the other side. The historical and current examples described in the article demonstrate the shifting from the textual to the visual legal paradigm.

Keywords: legal visualization, visual law, multisensory law, legal text, symbolization of law, legal information, legal information design, e-government, visual legal communication.

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