№ 1 (27) 2012 - Юридический журнал Правовое государство: теория и практика

ISSN 2500-0217 / Включен в Перечень ВАК

 

№ 1 (27) 2012

№ 1 (27) 2012
Inside

  • Institutions of the rule of law in real life
  • Political and legal mechanisms of action of the Russian state
  • Scientific School "Problems of the rule of law" began its work.
  • Expert systems in a legal state

Feature

On the way to the civilized world outlook

COLUMN OF THE EDITOR-IN-CHIEF

ARTICLES
A.N. Sokolov

Institutions of the rule-of-law state – to the legislation and law-enforcement.
Kolobova G.A.
Political and legal mechanisms of the Russian state under the conditions of transitional economy (1991-1999)
K.T. Atbayev
On the issues of the international terrorism studying in the modern law literature.
N.V. Khaldeeva
Discrimination or differentiation in the Far North regions?
M.R. Gabitov
Problems of modernisation of the education system and legal education.
R.R. Gazizov

Expert systems in the rule-of-law state.

ABOUT TEACHERS
V.K. Samigullin

A word about the teacher

RЕSEARCH PAPERS 
E.R. Iskhakov

Prevention of violations of children’s right to nutrition adequate to their physiological demands in the health care facilities
I.O. Tkachev
Responsibility for promise or proposition to provide mediation in bribery.
A.Kh. Nuriev
Legal regulation of civil liability of the State for harm caused to entrepreneurs.
K.S. Kanunnikov.
Project of a federal law “on the youth and state youth policy in the Russian Federation”: main provisions and our offers.
Zh.I. Ibragimov.
Theoretical issues of investigation of the customary law of the Kazakhs.


OBITUARY

INFORMATION ABOUT AUTHORS

TO THE AUTHORS

COLUMN OF THE EDITOR-IN-CHIEF
ARTICLES
A.N. Sokolov
Institutions of the rule-of-law state – to the legislation and law-enforcement.
The main provisions, role and significance of such an institution of a rule-of-law state as institution of certainty and predictability of state regulations are investigated in the aricle.
Key words: rule-of-law state institution, institution of certainty and predictability, abuse of right, discretion, corruption.
Work bibliographic list
1. Bocharov V. M., Sokolov A.N. State and right theory: Manual. – Kaliningrad: KLYuI Ministry of Internal Affairs of Russia, 2010. - Page 118.
2. Constitutional state. - 2011. - No. No. 2 and 3.
3. Sokolov A.N. Constitutional state: from idea to its materialization: Monograph. – Kaliningrad: Amber сказ, 2002.
4.BVerf GE of 17.306 ff.; 35, 383, 20, 150. BVerf GE//NYW 1966, 1952;//NYW 1977, 1913. leibholz, Rick. Grundgesetz: Kommentar, 6. Aufl. 1979, Art. 80 anm.
5. Zorkin V.D. Theses about legal reform in Russia//the Legislation and economy. – 2004. No. 2.
6. Tikhomirov Yu.A. A discretion in right focus//Laws of Russia. – 2011. - No. 4.
7. Bocharov V. M., Sokolov A.N. Decree. произв.
8. The federal law of the Russian Federation from February 7, 2011 of No. of 3 Federal Laws «About police»//RG. - 2011. – 8 февр.
9. Fight against corruption: problems, contradictions, optimization prospects: A course of lectures / Under the editorship of the prof. of A.N. 10. Sokolova – Kaliningrad: KLYuI Ministry of Internal Affairs of Russia, 2012.
10. The federal law of the Russian Federation from June 17, 2009 of No. 172-FZ «About anti-corruption examination of regulatory legal acts and drafts of regulatory legal acts»//RG. – 2009. – On July 22.
11. Крусс V.I.Zakon as means of counteraction and precondition of public and imperious abuse of the right.
12. Materials of the international scientific and practical conference «Model of society and national security» - Kaliningrad. On February 5 2010. – Page 67 and further. A.V.Theor's wolves of the concept «Abuse of the civil rights» - Volgograd: Village-2, 2007.
13. Malinovsky A.A. Abuse of the right (concept basis). – M, 2002. 14. Gorshunov D. N. Abuse of the right and right realization: ratio problems//15. Actual problems of jurisprudence. – 2005. - No. 1.
16. Faleev V. I., Kuznetsova O. D. Overcoming of miscarriages of justice in competitive process:
17. Educational and practical grant. – Kaliningrad: Amber сказ, 2007.
18. Berman G. Dzh. The western tradition is right: formation era. – M: Infra*m-Norma, 1998.
19. Interview to the head of Presidential Administration of the Russian Federation S.E. Naryshkin//RG. – 2010. – 14 January.
20. Definitions Supreme the Vessels Russian Federation from October 1, 2006 of No. 71-G06-32; on May 23, 2007 47-G07-5; on October 3, 2007 No. 83-G07-6; on November 7, 2007 No. 3-G07-18; on November 14, 2007 No. 3-G07-19; on July 30, 2008 No. 49-G08-34//Union of Right Forces Adviser plus.


ARTICLES
Kolobova G.A.
Political and legal mechanisms of the Russian state under the conditions of transitional economy (1991-1999)
Political and legal mechanisms are viewed by the author as the most important state tool of economy regulation. In the article an attempt of the political and legal analysis of features of formation, development and qualitative characteristics of the legislation regulating economic relations in the period of political and economical transformation is undertaken.
Keywords: political and state strategy, transformation of economic relations, political documents, political and legal mechanisms, legislation.
Work bibliographic list
1. Brodsky M. N. State and legal regulation of economic model in modern Russia (theoretical model and a practical embodiment): yew.... Dr.s юрид. sciences: 12.00.01. SPb., 2002.
2. Gadzhiev G. A. The constitutional principles of market economy (Development of bases of civil law in decisions of the Constitutional Court of the Russian Federation). M: Юристъ, 2002.
3. Lenin V. I. Complete works. T. 44.
4. Matuzov N. I. Once again about a principle «not forbidden the law permitted»//Jurisprudence. 1999. No. 3.
5. Ma'a V., Volosatov A. Legal base of an economic reform//economy Questions. 2000. No. 3.
6. Nureev R. Development theories: institutional concepts of formation of market economy//economy Questions. 2000. No.6
7. Messages of the President of Russia to Federal Assembly of Russia. [An electronic resource] URL http://www.intelros.org/lib.htm (address date – on December 5 2011).
8. Rakhmilovich V.A. Economic bases of the state//Right and economy. 1998. No. 1.
9. Revina S. N. Principles of legal regulation of the market relations in the Russian Federation: yew. … edging. юрид. sciences: 12.00.01. Samara, 2001.
10. The Russian state and the right at a turn of the millennia / the All-Russia scientific conference//the State and the right. 2000. No. 7.
11. Ruchkina G. F. Financial and legal regulation of business activity in the Russian Federation: yew. … Dr.s юрид. sciences: 12.00.14, 12.00.03. M, 2004.
12. Formation of market economy in countries of Eastern Europe. M: Russian State Humanitarian University. 1994.13. Tikhomirov Yu.A. Public law. M, 1995.14.North D. Interview//Wirtschaftwoche. 1994. No. 10. S. 46.


ARTICLES
K.T. Atbayev
On the issues of the international terrorism studying in the modern law literature.
The author of the article systematises the scientific notions of international terrorism, its signs which are characterized by high degree of danger to the world community. The article concerns the essence and the specificity of modern international terrorism which is found in diversity and variety of forms of its manifestation in all spheres of social life.
Keywords: international terrorism, problem, analysis, concept, features.
Work bibliographic list
1. Antonov V. N. Modern terrorism: theory and reality.//Asian and Pacific region. Economy. Politics. Right, 2002.
2. Vityuk V. V., Danilevich I.V. Terrorism as a political phenomenon and as terrorist problem / Terrorism in the modern world: sources, essence, directions and threats / Otv. Edition V. V. Vityuk and E.A.Pain. – M, 2003. – Page 12.
3. Commissioners of Century of Page, Yemelyans V.P. Terror, terrorism, «the state terrorism»: concept and ratio//Messenger of the Moscow university.–1999. – No. 5. – Page 38.
4. Thornton T. Terror as a Weapon of Political Agitation//Interpol War. - New York: Free Press, 1964. – P. 71
5. Traynin A.N. Defense of peace and fight against crimes against humanity. M, 1956. – Page 20.
6. Levin D.B. Responsibility of the state in modern international law. M, 1966. – Page 83.
7. Tron-Tam. Crimes of Terrorism and International Criminal Law//A Treatise on International Criminal Law. – Vol. I: Crimes and Punishment, USA. – 1973. – P. 493.
8. Karpets I.I. Crimes of the international character. M, 1979. – Page 64-98.
9. Krylov N. B., Reshetov Yu.A. The state terrorism - threat of the international safety.//Owls. state and right. – 1987. – No. 2.
10. Poles E.G.Terrorism and interstate relations. M, 1991.
11. Beglova N. S. Terrorism: search of a solution//USA: economy, policy, ideology. 1991. No. 1. – Page 40.
12. Modzhoryan L.A. Terrorism: truth and fiction. M: Legal literature, 1986.
13. Terrorism and fight against it. Minsk, 1995. – Page 20.
14. Budnitsky O.V.Terrorizm: an origin, typology, ethics//Russia in the conditions of transformations: historical and politological seminar. Materials. M., 2011. Vyp. 15-16. –Page 54.
15. Pfal-Traugber A. The right terrorism in Germany//Actual problems of Europe. 1997. No. 4. – Page 132.
16. Antonyan Yu.M. Terrorism. Criminological and criminal and legal research. M, 1998. – Page 8-9.
17. Kireev of L. S. The criminological and social and psychological reasons of terrorism on air transport//Aktual. пробл. fight against organized crime. Mater. науч. - практ. конф. Kaliningrad, 1997.
18. Ustinov V. V.International experience of fight against terrorism: standards and practice. – M: Yurlitinform,2002. –Page6.


ARTICLES
N.V. Khaldeeva
Discrimination or differentiation in the Far North regions?
The theme of practice of some norms application in the legal regulation of the workers’ labour relations in the Far North is topical and the content. The present problems state in the article logically and sequentially. The author proposes the ways of solution of these problems.
Key words: The rights of workers, liberties, equality of rights, the North, federal statute №122, problems.
Work bibliographic list
1. Presnyakov M. V. The constitutional concept of a principle of justice / under the editorship of G. N. Komkova. M: DMK Press, 2009. Page 74.
2. Rubaylo E.A. Local acts in system of legal acts of the Russian Federation//the Magazine of the Russian right. 2010. No. 5. Page 72-80.


ARTICLES
M.R. Gabitov
Problems of modernisation of the education system and legal education.
The author reviews the reasons of poor quality of the Russian legal education, the main of which (according to the author) are lack of focus on the world informational space and disregard for the laws of the theory of information.
Key words: modernisation, theory of information, data points, the whole picture, unified legal framework.
Work bibliographic list
1. Toffler E. Future shock. – M, 2004.
2. Toffler E. Third wave. Future shock. Power metamorphoses. – M, 2004.
3. Wiener N. Chelovek managing director. Human use of human beings. Cybernetics and society. – SPb.: St. Petersburg, 2001.; Wiener N. Creator and Future. I am a mathematician. – M: JSC AST Publishing House, 2003.; Shannon K. Works on the theory of information and cybernetics. M: Foreign литература.1963.
4. The magazine That new in a science and equipment. Conversation of the person with car, No. 6, June 2006.
5. Disks: History of world civilizations. Preindustrial era.; Encyclopedia of history of Russia 862-1917. Interactive world.


ARTICLES
R.R. Gazizov
Expert systems in the rule-of-law state.
The prospects of legal expert systems usage in the construction of rule-of-law state are revealed in the article. A review of foreign expert systems in the sphere of law is given and the need of scientific research activisation aimed to create theoretical basis for construction of intellectual informational systems based on legal knowledge is justified
Key words: legal expert systems, artificial intelligence, rule-of-law state .
Work bibliographic list
1. Information technologies in legal activity. Under the editorship of Kuznetsov P. U. M: Yurayt, 2012.
2. Information right: actual problems of the theory and practice: stake. the monograph under общ. I.L.Bachilo's edition. – M: Yurayt, 2009.
3. Rayanov F.M. The constitutional state - destiny of Russia. Ufa: Dizaynpoligrafservice, 2007.
4. Artificial intelligence: in the 3rd books Book 1. Systems of communication and expert systems. The directory / Under the editorship of E.V.Popova – M: Radio and communication, 2000.
5. K.A navels., Skates of Century of. Intellectual systems. M, 2008.
6. Pospelov G. S. Artificial intelligence – a basis of new information technology. M: Science, 1998.
7. I.M.Information's brines right. M: Publishing house of Yurayt, 2011.
8. Gazizov R. R. Mathematical models in realization of principles of the constitutional state//the Constitutional state: theory and practice No. 2 (8) 2007 pages 7-11.
9. Legal informatics. Theory. Information.: Educational Grant / Volkov Yu.V., Kuznetsov P. U., Sokolov Yu.N. – Yekaterinburg, Publishing house of the Ural state legal academy. 2007.
10. Gavrilov O. A. Information of legal system of Russia.//Legal book, M, 1998.
11. Jackson P. Introduction in expert system. M, 2001.


ABOUT TEACHERS
V.K. Samigullin
A word about the teacher
In the article dedicated to the anniversary of Sergei Sergeyevitch Alexeyev, an outstanding scholar of law and a famous political activist, one of his students shares his impressions of him got while his education at Sverdlovsk law institute  (now – Ural state law academy) in 1969-1976.
Key words: law, legal studies, Sverdlovsk law institute, Sergei Sergeyevitch Alexeyev, Ural school of law, students scientific cociety, post-graduate education, chair.


Researchpapers
E.R. Iskhakov
Prevention of violations of children’s right to nutrition adequate to their physiological demands in the health care facilities.
The author evaluates the existence of provisions, regulating supply of nutrition to the children according to the physiological norms while staying at the health care facilities, in the legal acts. Factors, leading to the violation of children’s rights, emerging at the organisation of nutrition, are revealed and the measures of prevention of violations of children’s rights are developed.
Key words: children’s rights, activities of the health care facilities, children’s nutrition, violations of law in the medical sphere, healthcare.


Work bibliographic list
1. Norms of physiological requirements for food substances and energy for various groups of the population of the Russian Federation». Methodical recommendations from December 18, 2008 (MR 2.3.1.2432-08). Are confirmed as the chief health officer of the Russian Federation of Onishchenko; the Order MZ Russian Federation from 05.08.2003 No. 330 (in an edition from 26.04.2006) «About measures for improvement of dietetic therapy in treatment-and-prophylactic establishments of the Russian Federation».
2. Bases of the legislation of the Russian Federation about health protection of citizens from July 22, 1993 (No. 5487-1.
3. The federal Law No. 323 «About bases of health protection of citizens in the Russian Federation» (from November 21, 2011)
4. Astakhov demands to strengthen measures for investigation of children's poisonings <http: er.ru="" news="" 2011="" 10="" 7="" astahov-trebuet-usilit-mery-po-rassledovaniyu-detskih-otravlenij=""></http:> (12.01.2012).
5. «The instruction on the organization of dietetic therapy in treatment-and-prophylactic establishments» entering into the Order MZ Russian Federation from 05.08.2003 No. 330 (in an edition from 26.04.2006) «About measures for improvement of dietetic therapy in treatment-and-prophylactic establishments of the Russian Federation».


Research papers
I.O. Tkachev
Responsibility for promise or proposition to provide mediation in bribery.
This article examines a problem of legal character of a promise or an offer of mediation in bribery. A problem of qualification of alleged mediation is analysed. The author draws a conclusion about acts that can form an objective side of a promise or an offer of mediation in bribery.
Key words: mediation in bribery, promise of mediation, offer of mediation, alleged mediation, false mediation.
Work bibliographic list
1. Borkov V. New edition of norms about responsibility for bribery: application problems//Criminal law. 2011. No. 4.
2. Volzhenkin B. V. Office crimes. M. 2000.
3. Zdravomyslov B. V. Malfeasances. Concept and qualification. M, 1975.
4. Kapinus O. Changes in the legislation on malfeasances: questions of qualification and release of the briber from responsibility//Criminal law. 2011. No. 3.
5. Kondrashova T.V. Criminal liability for bribery. Yekaterinburg, 2003.
6. Pedlars B., M.Otvetstvennost's Eagles for bribery//the Soviet justice. 1970. No. 20.
7. Krasnopeeva E. Qualification of mediation and partnership in bribery//Inspector. 2007. No. 3.
8. Lupenkov A.V. Some questions of partnership in bribery//«Black holes» in the Russian legislation. 2011. No. 2.
9. Tyunin V. I. Mediation in bribery (Art. 291.1 of the criminal code of Russian Federation)//the Russian justice. 2011. No. 8


Research papers
A.Kh. Nuriev
Legal regulation of civil liability of the State for harm caused to entrepreneurs.
The author views essential problems of budget legislation implementation in case of civil liability of the State. Positions of Constitutional Court of the Russian Federation were also taken into account. The author compares civil and budget law approaches to the regulation of interbranch relations in case of civil liability of the State.
Key words: civil liability, state, budget law,  special conditions of liability, state body, state official, civil injury, entrepreneur, civil reparation.
Work bibliographic list
1. The federal law from October 26, 2002 of No. 127-FZ «About insolvency (bankruptcy)» (with посл. amendment and допол.)//It is published in "The parliamentary newspaper" from November 2, 2002 of N 209-210.
2. The federal law of the Russian Federation from August 20, 2004 of N 120-FZ «About modification of the Budgetary code of the Russian Federation regarding regulation of the interbudgetary relations»//It is published: in "RG" - Special issue No. 3559 25 of August, 2004.
3. The federal law of the Russian Federation from October 2, 2007 of N 229-FZ "About executive production"//It is published: in "RG" - Federal release No. 4486 6 of October, 2007.
4. The federal law of the Russian Federation from April 30, 2010 of No. 68-FZ «About compensation for violation of the right to legal proceedings in reasonable term or the rights to performance of the judicial act in reasonable term»//It is published in the Russian newspaper, release No. 5173 from May 4, 2010.
5. The resolution KS Russian Federation from July 20, 2011 of No. 20-P, the city of St. Petersburg "in the case of check of constitutionality of provisions of point 4 of article 934 of the Budgetary code of the Russian Federation, a part 6 of article 5 of the Federal law "About modification of the Budgetary code of the Russian Federation regarding regulation of the budgetary process and reduction in compliance with the budgetary legislation of the Russian Federation of separate acts of the Russian Federation" and articles 116 of the Federal law "About the federal budget for 2007" in connection with inquiry of the Supreme Arbitration Court of the Russian Federation.
6. KS Russian Federation definition from March 10, 2005 of No. of the 65th «According to JSC Tatsakhprom complaint on violation of constitutional laws and freedoms of item 11 of Art. 76 of the Budgetary code of the Russian Federation»//Union of Right Forces «the Adviser Plus»
7. The resolution of Plenum Supreme the vessels Russian Federation and the Supreme Arbitration Court of the Russian Federation No. 30/64 «About some questions which have arisen by hearing of cases about award of compensation for violation of the right to legal proceedings in reasonable term or the rights to performance of the judicial act in reasonable term»//Union of Right Forces "Konsultant Plus".
Resolutions of Plenum YOU the Russian Federation from February 26, 2009 of No. 17 «About entering of additions into the 8.Resolution of Plenum of the Supreme Arbitration Court of the Russian Federation from 22.06.2006 No. 23"On some issues of application by courts of arbitration rules of the Budget Code of the Russian Federation", / / ATP "Consultant Plus".
9.Kontseptsiya development of the civil legislation of the Russian Federation,endorsed the decision of the Presidential Council for the codification and improvement of the civil law of 07.10.2009. / / ATP "Consultant Plus".
10.Braginsky MI The participation of the Soviet state in civil matters / MI Braginka. - M.: Legal Books, 1981.
11.Chirkin VE The legal entity of public law / VE Chirkin. - M.: Norma, 2007.
12.Mihaylenko O. Property responsibility for damage caused by exercise of public authority: theoretical aspects and problems of its realization in practice. - M.:Wolters Kluwer, 2007.


Research papers
K.S. Kanunnikov.
Project of a federal law “on the youth and state youth policy in the Russian Federation”: main provisions and our offers.
In modern Russia there has been developed a wide legal base of relations in the sphere of state youth policies. But the principal element of this normative base is absent. It is still not agreed upon passing the basic federal law that would set the legal framework for adjusting the status of the young, for development and implementation of the youth policies. The article covers the basic guidelines, problems and urgency of adopting the draft federal law “on the youth and state youth policy in the Russian Federation”.
Key words: State youth policies, youth, legislation, federal statute, bill, conception, bodies of state power, system.
Work bibliographic list
1. Lebedev V.A. Ensuring unity of legislative system of the Russian Federation/V-A. Lebedev – M.:izd-in the Moscow State University, 2005, p. 3.
2. Martyshin O. V., National political and legal culture in a globalization context//the State and right-2005, No. 4, p. 9-10.
3. Kochetkov A.V. Legal bases of the state youth policy in Russia//Education and society, 2005, No. 1, p. 83-89.
4. Ilyinsky I.M.Youth and youth policy. - M: Voice, 2001. – Page 579.
5. Kochetkov A.V. Konstitutsionalizatsiya of the state youth policy in Russia//the Law and pravo-2009, No. 9, p. 10-13.
6. Kochetkov A.V., Urgency of the base federal law on youth and youth policy//Law and right, 2009, No. 8, p. 8-11.
7. Kochetkov A.V. Urgency of the base federal law on youth and youth policy//Law and right, 2009, No. 8, p. 8-11.


Research papers
Zh.I. Ibragimov.
Theoretical issues of investigation of the customary law of the Kazakhs.
The paper pais attention to some aspects of customary law, as well as to the development of new innovative approaches to the solving of some problems in settling of disputes in the Kazakh customary law.
Key words: customary law, folk law, the Kazakh people
Work bibliographic list
1. Korkunov N.M.lecture under the general theory of the right. Изд. 4. SPb., 1897.
2. Shershenevich G. F. Legal philosophy history. SPb., 1907.
3. Nersesjants V. S. The right and the law. From history of legal doctrines. М, 1983.
4. Коркунов N.M.lecture under the general theory of the right. Изд. 4. SPb., 1897.
5. Petrazhitsky L.I.theor of the right and the states in connection with the morals theory. Т.1-2. SPb., 1907.
6. Problems of the Kazakh common law / Otv. ред. S.Z.Zimanov. Alma-Ata. 1989.
7. Problems of the Kazakh common law / Otv. ред. S.Z.Zimanov. Alma-Ata. 1989.
8. KulteleevТ.М. A criminal common law of Kazakhs. Alma-Ata. 1955.
9. Sozakbayev With. The Socially-standard maintenance of a common law of Kazakhs//ПКОП. With. 43-55. Alma-Ata. 1989.
10. Kenzhaliev Z.Z., Dauletova ABOUT the Kazakh common law in the conditions of the Soviet power (1917-1937). Almaty, 1993.
11. Alexeys S.S.state and the right. An initial course. M, 1994. With. 57: it. The right theory. M, 1994.
12. Alexeys S.S.state and the right. An initial course. M, 1994. With. 57: it. The right theory. M, 1994.
13. Muromtsev G. I. Right sources in developing countries of Asia and Africa: System and tradition influence. M, 1987; Разумович N.N.source and the right form//СГП. 1988. №3. With. 24-27; Selyukov F.T.common law: the Basic concepts, structures, functions, studying methods. М, 1991; Selyukov F.T.domestic experience - culture ecology in a common law//GiP. 1992. № 10. With. 113-122; the right and state Theory / Under the editorship of prof. G.N.Manova. М, 1996. With. 165-171; Kenzhaliev Z.Z. Kөшпелі каза қ қоғамындаыы дәстүрлі құқ ықты қ мәдениет (теориялык, мәселелер тарихи тағылымы). Almaty, 1997; Лукашук I.I.norm of international law in the international standard system. M, 1997; etc.
14.  Selyukov F.T.domestic experience - culture ecology in a common law//GiP. 1992. № 10. With. 113-122;
15. Selyukov F.T.domestic experience - culture ecology in a common law//GiP. 1992. № 10. With. 113-122
16. Karbonye. Legal sociology. М, 1986. With. 187-190.

 

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