Contents of issue # 8/2013

The Constitutional Principle of National Treatment for Foreign Citizens

N. I. Marysheva, I. O. Khlestova

N. I. Marysheva, doctor of jurisprudence

I. O. Khlestova, doctor of jurisprudence

E-mail: pil@izak.ru

The article is devoted to the constitutional principle of national regime of foreigners and court practice on its implementation.

Keywords: constitutional principle, national regime, foreigners, exclusion of national regime, stateless person, court practice.

The Role of Institutions of Direct Democracy in Ensuring Control of Population over Activities of Local Self-Government Authorities

A. E. Pomazansky

PhD in law

E-mail: const@izak.ru

The article is devoted to the institutions of direct democracy at the local level. The author concludes that at the time rather wide regulatory framework has established in the Russian Federation designed to ensure the practical realization of the group and individual interests of the residents of municipalities. However, their practical use, especially new forms, remains at a low level. This requires the further identification of the causes of defects and, as a consequence, legal and other measures to eliminate them.

Keywords: local government, institutions of direct democracy, control over the activities of local authorities, the deputy review, public hearing.

Features of Contract of Sale of Agricultural Land Plots

F. P. Rumyantsev

doctor of jurisprudence, professor

E-mail: rfp63@mail.ru

This paper analyzes the problems of purchase and sale of agricultural lands. It gives the list of essential terms and conditions of the contract under analysis. Consideration is given to the realization of the preemptive right of land purchase by the subjects of the Russian Federation and municipalities. Taking into account different opinions concerning the principle of preemptive right of land purchase reserved for public entities and sometimes ineffectual practices of legal regulation of these relations in the subjects of the Russian Federation federal law makers are suggested cancelling this mandatory procedures.

Keywords: land purchase and sale contract, pre-emptive right of land purchase, public administration.

Forms of Study: Questions of Legal Regulation at Federal and Regional Levels

E. V. Pulyaeva

PhD in law

E-mail: elena.pulyaewa@ya.ru

In an article in the comparative-legal aspect deals with the regulation of the legal form of education in the federal and regional legislation on the example of learning in organizations engaged in educational activities in the full-time, part-time and correspondence forms, as well as home-based learning. The author analyzes the legislation of the Russian Federation in terms of providing examples of successful rulemaking and deficiencies of legal regulation, identified typical situations in the normative practice.

Keywords: training in organizations performing educational activities, full-time, part-time and correspondence forms of training, home-based education, the federal legislation, the legislation of the subjects of the Russian Federation.

Crisis of Law: Problems and Approaches to the Solution

N. A. Vlasenko

doctor of jurisprudence, professor

E-mail: theory@izak.ru

The analysis deals with the issue of the crisis in law and its further worsening. The crisis phenomena shows up in connection with the interaction of law and morality, international law, devaluation of the role of the law, flaws of legislative process, the absence of innovative concepts of federal laws.

Keywords: contradictions in law, defects of legal regulation, faults of lawmaking, contradictions in legal science, crisis of legal superstructure.

Criminological Thinking in the Context of Intellectual Provision of Criminal Policy

M. M. Babaev, Yu. E. Pudovochkin

M. M. Babaev, doctor of jurisprudence, professor

Yu. E. Pudovochkin, doctor of jurisprudence, professor

E-mail: babaevmm@yandex.ru

The article concerns the issues of characterizing of criminological thinking, defining of its levels and significance for the formulating of the state’s criminal policy. Special notice is given to the defects of criminological thinking, overcoming of which is a pre-requisite for formulating of rational and adequate criminal policy.

Keywords: criminal policy, intellectual support of criminal policy, notion and levels of criminological thinking, defects of criminological thinking and their consequences.

Implementation of the Mechanism of Anticorruption Monitoring in Federal Subjects of the Russian Federation

A. V. Pavlushkin

PhD in law

E-mail: monitor@izak.ru

The topical issues of implementation of anti-corruption monitoring mechanism in the subjects of the Russian Federation are considered. The role of anti-corruption indicators of legal monitoring. The theoretical and normative basis and the organization of anticorruption monitoring are discussed.

Keywords: anti-corruption monitoring, legal monitoring, anti-corruption indicators.

Impact of Social Results of Operation of Law on Sense of Justice of Population (on the Example of the Federal Law «On Counteraction against Corruption»)

M. D. Chesnokova

E-mail: monitor@izak.ru

On the basis of published sociological surveys analyzed the population attitude of the law and the government bodies in the conditions of market economy, citizens insight of the state functions and role, the population perception of the coherence and effectiveness of activities of the government bodies and public policy. In addition, sets out the assessment of the effectiveness of the proposed measures on counteraction of corruption. On the basis of the analysis of public opinion dynamics, make suggestions about changing the social structure of the society.

Keywords: society, government, legality, efficiency, corruption, sense of justice.

The Modern Concept of Status of Judge in the Russian Federation

G. T. Ermoshin

PhD in law, associate professor

E-mail: germoshin@list.ru

Discusses conceptual issues of unity of the complex principles of legal regulation of the status of a citizen in the processes of formation of the judicial corps, the route of the state service at the substitution of the state office of a judge (judges career), the withdrawal of the judge to resign and stay of the judge in the resignation. Draws attention to the necessity of elaboration of state policy for ensuring the continuity and the relationship between these принципов. Discusses the essence of the status of judges in the Russian Federation, the problems of bringing the legislation on the status of judges in conformity with the requirements of modern times, formulate concrete proposals for its improvement.

Keywords: judge, status of judges, concept of the status of the judge, candidate for the post of judge, judicial career, judge in retirement.

The Originalist and Non-Originalist Concepts of Constitutional Interpretation in the USA

L. G. Berlyavsky

PhD in law

E-mail: berleonid1@gmail.com

The concepts of originalism and nonoriginalism of the constitutional interpretation were arranged in the course of interpretation of the Constitution of the USA by the Supreme Court. Supporters of each concepts use various kinds of sources of the constitutional law, prove the conclusions to different types of understanding the law: positivist (normativism) and neopositivist («the live constitution»). Thus both concepts are applied by members of the higher judicial body of the country, supplementing each other and providing, finally, complete interpretation of the Fundamental law of the state.

Keywords: originalism, nonoriginalism, interpretation, Constitution of the USA, understanding law.

Conditionality of Prejudice in the Russian Criminal Procedure

N. V. Azarenok

PhD in law

E-mail: azarenok_96@mail.ru

In article the problem preudece in the Russian criminal trial is considered. The urgency of the given theme is caused inconsistent by practice. In article practical and theoretical problems preudece in criminally-remedial activity are considered. On the basis of carried out the analysis comes to light a conceptual basis of fastening preudece in domestic criminal legal proceedings.

Keywords: preudece, true, proofers, proofs, subject proofering.

Legal Grounds for Protection of the Weaker Party in Contract

A. V. Ulyanov

E-mail: AlekseyVladimir@yandex.ru

The author rejects diffused opinion that the protection of the weaker party to the contract is exception to formal equality of subjects of civil relationships. The author argues his own novel attitude that the consideration of any contract is a legal ground of the protection of the weaker party.

Keywords: civil relationship, contract, party to a contract, weaker party to a contract, consideration, interest, legal form.

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