Contents of issue # 6/2013

Constitutional Foundations of the Russian Federalism

L. V. Andrichenko, E. A. Yurtaeva

L. V. Andrichenko, doctor of jurisprudence

E. A. Yurtaeva, PhD in law

E-mail: federal@izak.ru

In this article the authors consider the problem of practical implementation of the constitutional principles of federalism in the modern Russian state and legal development. There is examines some legal problems of development of Russia as a federal state.

Keywords: constitutional principles of federalism, federal state, regional legislation, federal legislation, the defects of legislation, legal monitoring, public authorities.

The Principle of Good Faith — a New Moral Restrictor of Civil Rights

V. A. Mikryukov

PhD in law

E-mail: VMikryukov@yandex.ru

The article contains analysis of a legal effect of the good faith moral category, reasons for negative attitude to the idea of bringing a general requirement to act in good faith while establishing, exercising and protecting civil rights and discharging duties to a level of basic principles of civil legislation.

Keywords: good faith principle, morality, restriction of civil rights.

Liability for Bribery under Criminal Legislation of the Russian Federation

T. O. Koshaeva

PhD in law, associate professor

E-mail: crim@izak.ru

The article studies the need for improving the criminal regulations on bribery. The author also explores the problem of bribery in law-enforcement bodies, courts and in business. Is a judicial practice in criminal cases involving bribery.

Keywords: criminal liability, bribery, criminal cases, improvement of law.

Fulfillment of Antitrust Control in regard to Municipalities: Issues of Efficiency

O. I. Bazhenova

PhD in law

E-mail: olga_bazhenova2012@mail.ru

This article deals with the specific problems of the anti-monopoly control of municipalities, which allowed the author to question the correctness of the chosen path of Russian lawmakers support (protection) competition as a fundamental principle of social market economy.

Keywords: competition, the competition authority, municipality, state ownership.

Notion of Measure of Legal Liability

D. A. Lipinsky, A.G. Shishkin

D. A. Lipinsky, doctor of jurisprudence, professor

A.G. Shishkin, PhD in law

E-mail: Dmitri8@yandex.ru

The concept of measures of legal liability is investigated, their intrinsic signs, quantitative and qualitative characteristics, differences from sanctions of rules of law are defined. On the basis of the analysis of the current legislation and application of various methods of research author’s definitions of concepts of a measure of legal liability, quantitative and qualitative characteristics of measures of legal liability are formulated.

Keywords: legal liability, measures of legal liability, signs, quantitative and qualitative characteristics of the measures of legal liability.

«Residence»: Place in Housing Legal Relationship

S. I. Suslova

PhD in law, associate professor

E-mail: svetsuslova@yandex.ru

The category of residence from the point of view of its place in the housing attitudes is under consideration. The author characterizes «residence» as a possibility to be a part of competence of using premises; however, the author estimates an admissibility of its consideration as the independent subjective right. The author also offers the criteria of distinction between «being» and «residence» in premises.

Keywords: residence, competence, the subjective right, being, housing attitude.

International «Soft» Law in the Legal System of the Russian Federation

S. Yu. Marochkin, R. M. Khalafyan

S. Yu. Marochkin, doctor of jurisprudence, professor

R. M. Khalafyan

E-mail: mar@utmn.ru

The complex legal analysis of influence of international «soft» law as independent normative regulator on component parts of the national legal system (positive law, lawenforcement practice, legal consciousness, legal doctrine) is carried out. The research leads to the conclusion that there are folding the certain tendency that the international component of the Russian legal system is not limited only by generally recognized principles and norms of international law and the international treaties according to part 4 articles 15 of the Constitution of the Russian Federation.

Keywords: legal system of the Russian Federation, international «soft» law, international law, legislation, courts, judicial practice, subjects of domestic law.

Subject, System and Principles of International Environmental Law

O. I. Tiunov

doctor of jurisprudence, professor

E-mail: mp@izak.ru

Contemporary scientific doctrine should assess the objective factors of international law development and its impact on domestic law. One of the lines of development is international environmental law. The object of this branch of law is legal regulation of environmental research and protection relations in order to achieve ecological safety and sustainable development. A set of general and specific principles as a legal basis of such regulation provides a balanced approach to the solving of the problems of socioeconomic development and the preservation of a favorable environment. 

Keywords: system of law, unity of the rules of law, interaction between international and domestic law, environmental protection as a branch of law, comprehensive standards and principles of environmental protection, sustainable development of natural resources.

On the Proportional Electoral System with Preferential Vote

V. E. Chirkin

doctor of jurisprudence, professor

E-mail: vechirkin@yandex.ru

The author examines four electoral systems, used for election in Russia and offers a new system that combines advantages of political choice (vote of the voter for the party) and individualization of the candidate by the voter (a mark in the bulletin on the name of the most deserving candidate from the list of candidates of the party in the created multy-mandates electoral districts).

Keywords: electoral systems, choice of political party, individualization of the candidate, multy-mandates electoral districts.

The Proportional Electoral System: Pro and Con

V. A. Cherepanov

doctor of jurisprudence, professor

E-mail: sigma45@yandex.ru

The peculiarities of application of proportional electoral system in the Russian Federation are considered, some advantages and disadvantages are analysed, some directions of improvement of the Russian electoral model are indicated in the article.

Keywords: proportional electoral system, political parties, representativeness of parliament, equal franchise, obstructive point.

The Proportional Electoral System in Municipal Elections under the Conditions of New Party Building

S. V. Sabaeva

PhD in law

E-mail: s.sabaeva@mail.ru

The application of the proportional vote system at municipal elections and possible directions of changes federal legislation are discussed in this article.

Keywords: the proportional vote system, municipal election, deputy mandate, methodies of mandate distribution, fencing barrier.

Principle of the Presumption of Innocence in Special Order of Court Proceedings

N. M. Khromova

E-mail: hromova-nm@yandex.ru

The questions relating to the implementation of the principle of the presumption of innocence in a special manner the court decision. Investigate questions of distinction between «agreement with the prosecution» and «confession», place of the preliminary investigation into the implementation of the special order. The implementation of the presumption of innocence in the sentence in a specific order.

Keywords: presumption of innocence, a special procedure the court decision with the consent of the accused with the charges against him, the sentence, with the consent of the accused of the charges, the admission of guilt.

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