Contents of issue # 9/2013

Local Self-Government: Constitutional Ideas and Practice

V. I. Vasiliev

doctor of jurisprudence, professor

E-mail: const@izak.ru

The author analyzes constitutional principles of local self-government, identifies functionality of local self-government as a form of decentralization of social administration as well as institute of people power. The author generalizes practice of the municipal reform and shows how constitutional ideas on local self-government during the municipal reform are realized and also generalizes the problems of approval oflocal self-government in the country.

Keywords: Constitution, decentralization, local self-government, municipal reform.

Constitutional Guarantees for Legal Status of Judges

O. V. Makarova

PhD in law

E-mail: Makov71@mail.ru

In this article issues of constitutional guaranties of legal status of judges. A special attention is paid to guaranties of independence and integrity of judges.

Keywords: constitutional guaranties, independence of judges, legal status.

Qualification of Criminal Offences against Environmental Security

V. P. Kashepov

doctor of jurisprudence, professor

E-mail: crim@izak.ru

The article discusses some of the features of criminal law counter attacks on the environment, requirements, differentiation rules of criminal responsibility, expanding the scope of criminal law protection of the ecological environment, gaps criminal law enforcement deficiencies.

Keywords: classification structures, integration of standards, qualifications attacks.

Temporary Financial Administration as an Institute of Responsibility of Public Authority

O. A. Dementieva

PhD in law

E-mail: pasc@izak.ru

In article analyses the problems of legislative regulation of new institutions of constitutional, municipal and budget law — the temporary financial administration in the subjects of the Russian Federation and the temporary financial administration in the municipalities, introduced in legislation in 2003. Questions are examined not only the responsibility of the organs of state power of subjects of the Russian Federation, and of local self-government, but the Federal authorities.

Keywords: the temporary financial administration, the subjects of the Russian Federation, local self-government, budget provision.

Soft Law in the Modern Legal Discourse [part two]

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.

Merger of the Supreme Court and the Supreme Commercial Court of the Russian Federation and Configuration of the Judicial Community

M. I. Kleandrov

Corresponding Member of the Russian Academy of Sciences

E-mail: theory@izak.ru

The integration of the Supreme Court of the Russian Federation and the Supreme Commercial Court of the Russian Federation is considered, the necessity of making a number of significant changes to the organizational structure of the judicial community is justified. The place and role of the various judicial bodies in configuration of the judicial community are showed.

Keywords: judicial community, Supreme Court of the Russian Federation, Supreme Commercial Court of the Russian Federation, Judicial Council of the Russian Federation, all-Russian Congress of Judges.

Features of Recognition of a Right as a Civil Rights Remedy

D. N. Latypov

PhD in law

E-mail: dennich@mail.ru

The article is devoted to the problem of defining law admition. The opinion review connected to the understanding of the subject under consideration is introduced and the analysis of current court arbitrazh practice is made. As a result of the survey held, there has been found the conclusion, that such a way of defenсe of civil rights as law admition is used only in the form of court defenсe. At the same time it is offered to exclude from the Civil Code of the Russian Federation juristic dispositions, setting an opportunity for using such way of defenсe in administrative order as it is created today in point 3 section 222 Civil Code of the Russian Federation.

Keywords: jurisdictional (judical) form of defenсe, acceptance of law, confirmation and allotment of law, universal method of defenсe, restoration of broken right.

Basic Systems of Private Law: Common Features

A. S. Raynikov

PhD in law

E-mail: Raynikov@gmail.com

The article is focusing on comparative analysis and review of constituitive characteristics of private law in Roman, German and Common law legal systems. Distinctive properties of French and German civil codes are reviewed. Overall trend in development of private law in the above mentioned legal systems as well as perspective of their harmonization are reviewed.

Keywords: Roman legal system, German legal system, Common law system, similarities, differences and development trends.

Recognition as Goods of the Customs Union of Goods Produced with the Use of Foreign Goods Placed under the Custom Procedure of Free Customs Zone

S. N. Garmonnikov

E-mail: Garmonnikoff@yandex.ru

This article is dedicated to the actual problems of the function of the common customs area of the Customs Union within the limits of the EurAsEC. This analysis is conducted for the purpose to rise the efficacy of the customs management of the goods and vehicles delivered among the Customs Union member-states.

Keywords: Customs Union, common customs area, free (special, specific) economic zone, sufficient processing, goods of the Customs Union, Common Economic Space.

The Legal Society under the Imperial Tomsk University

E. A. Krestiannikov

associate professor

E-mail: krest_e_a@mail.ru

Association of people of different legal professions became necessary for the decision of essential academic and public problems when Russia endured powerful impulses of modernisation, enduring experience of formation of a lawful state and a civil society. The article takes up some questions of functioning of jurists association in separate region of empire. The Tomsk legal society resolved issues of development of science and education and as a whole the establishment directed activity on perfection of the right and increase of a standard of living in that region. It all was very important for the Siberians.

Keywords: Siberia, Imperial Tomsk University, lawyers of beginning of ХХ century.

Rational Use of Subsoil: Notion and Legal Criteria

A. I. Tsuranova

E-mail: tsuranova.anna@gmail.com

The article is devoted to the study of the rational usage of mineral resources as the direction of the legal protection of the mineral resources. The author offers an overview of scientific approaches to the definition of notion «rational usage of mineral resources» and provides her own definition. The article also deals with the question of the legal criteria for rational use of mineral resources.

Keywords: natural resources, subsoil area, rational usage of mineral resources, mineral resources conservation.

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