№2 (32) 2013 - Юридический журнал Правовое государство: теория и практика

ISSN 2500-0217 / Включен в Перечень ВАК

 

№2 (32) 2013

№2 (32) 2013
Inside

  • Problems of formation of the rule of law in Russia
  • Rule of law, civil law - a three-pronged path to civilization
  • Legal state and modernity

Feature

In search of an image of post-Soviet states

COLUMN OF THE EDITOR-IN-CHIEF

In the search of the post-Soviet state image

 

Informational notice about the international research and practice conference “Issues of the rule-of-law state formation in Russia”

 

Conference greeting

 

Plenary session reports

 

Rayanov F.N. Theoretical and practical problems of the rule-of-law state formation in Russia

 

Dorozhkin Yu.N. Rule-of-law state formation in present-day Russia: politological aspect

 

Komarov S.A. Rule-of-law state, personality, power

 

Utyashev M.M. Rule-of-law state, civil society, human rights – triune way to civilisation

 

Bogolyubov S.A. What is our status with the rule-of-law state?

 

Komkova G.N. Problems of providing legal space integrity in the legislation policy of the federal centre and constituent entities of Russia

 

Zinurov R.N. The first experience of division of jurisdictions between the federal centre and constituent entities of Russia

 

Tsybulevsvaya O.I. Milusheva T.V. Division of powers as the basis of self-restraint of the state power

(to be continued in the next issue of the journal)

 

ARTICLES

 

Arzamaskin N.N. Sandalnikova Ye.V. Modern tendencies of the public control institution development as a mechanism of the rule-of-law state formation in Russia at the modern stage

 

Shonin N.Ye. Rule-of-law state and modern times

 

Krokhina Yu.A. Financial and legal liability as a necessary attribute of the rule-of-law state

 

Safina S.B. Stability of the constitutional system of the Russian Federation as a factor of the rule-of-law state formation

 

Gafarova G.R. Legal regulation of price formation in the system of a rule-of-law state:  necessity and reality

 

Khazhipov R.Kh. Some peculiarities of rule-of-law statehood ideas formation in Germany and Russia

 

Gripp E.Kh., Yakhina Yu.Kh. Double citizenship in the Russian federation

 

Yakovets Ye.N. Informational and psychological consequences of the Russian civil war

 

Daukayev I.M. Main determinants of corruption origin and development in the world

 

Minakov P.A. Civil society – social basis of the rule-of-law state

 

SCIENTIFIC REPORTS

 

Yenikeyev, R.N., Mukhametdinov R.Kh. On the notion of “the state-legal conflict”.

 

Kurbanov D.A., Khismatullin O.Yu. Some issues of ground definition of responsibility for inflicting moral harm

 

Vladimirov I.A. Problems of agrarian entrepreneurship legal regulation

 

Aminov I.R. Ethnopolitical grounds bases of regional conflicts in present-day Russia: theoretical and methodological aspect

.

Bulgakova K.R. On the state and municipal services

 

Yakovlev A.V. Significance of pre-revolutionary legal scholars legacy for the rule-of-law state formation

 

Mingazov T.A. Legal qualification of stockholding in the limited liability company…………..

 

Alibayev A.Kh. Constitutions of constituent entities of a federation in the legal system of a democratic state

 

Goloborodkina Ye.V. Application of the consequences of invalidity of a void transaction connected with alienation of real property

 

INFORMATION ABOUT THE AUTHORS

 

TO THE AUTHORS

Articles:
N.N. Arzamaskin, E.V. Sandalnikova
MODERN TENDENCIES OF THEPUBLIC CONTROL INSTITUTE DEVELOPMENT AS A MECHANISM OF RULE-OF-LAW STATE FORMATION IN RUSSIA AT THEMODERN STAGE
Modern tendencies of the public control institution development as a mechanism of the rule-of-law state formation in Russia at the modern stageThis article is devoted to the problem of the formation in Russia of the Institute of public control. The authors consider it as a public administration trend. In the opinion of the investigators it should contribute to the rights and freedoms of man and citizen values establishment in Russia. However, the topical issues of the work of the Institute of public control are shown in the article.
Key words: rule-of-law state, public control, bodies of state power, legal liability
Articles:
N.Ye. Shonin
RULE-OF-LAW STATE AND MODERN TIMES.
This is a short review of today's problems of a rule-of-law state definition. It was noted that with the exception of some basic criteria no generally accepted rule-of-law state definition is elaborated neither on international nor even national level. Generally accepted criteria are the rule of law, (strict) observance of laws by all the people of the country without exception and first of all by the state itself, that legislates them, obligatory availability of a constitutional mechanism of control over the state activity for the purpose of prevention of arbitrary rule, absence of corruption and certainly respect for human rights and norms of the international law. In the author’s opinion Germany mostly meets these requirements.
Key words: law, rule of law, rule-of-law state,  justice, government,    criteria, legitimacy, law-obedience, official, democracy, corruption , international law, national  law.

Articles:

J Yu.A. Krokhina 
FINANCIAL AND LEGAL LIABILITY AS A NECESSARY ATTRIBUTE OF
 THE RULE-OF-LAW STATE
Financial law contains a protective institute of financial and legal liability, which differs from common liability measures by special measures and procedures of state coercion. The article highlights some theoretical aspects of financial liability and problems of its usage in practice. Recommendations to improve Russian financial legislation are given.
Key words: financial offence; financial sanctions; legal liability
Articles:

S.B. Safina
STABILITY OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN FEDERATION AS A FACTOR OF THE RULE-OF-LAW STATE FORMATION
Stability of the constitutional system of the Russian Federation as a condition for rule-of-law state formation is reviewed In the article. Constitution of the Russian Federation and constitutions of the republics within the Russian Federation are analysed from the point of view of their stability.
Keywords: rule-of-law state, constitutional system, Constitution of the Russian Federation, constitutions of the republics within the Russian Federation, stability.
Articles:

Gafarova G.R.
Legal regulation of price formation in the system of a rule-of-law state:  necessity and reality
The article views some problems of legal regulation of price formation in terms of interaction with the category of “the rule-of-law state”. It is proved that the state price regulation should facilitate the creation of conditions that fully secure the rights and freedoms of man and citizen
Keywords: price formation, legal means, state authority bodies, the law, the financial policy of the state
Articles:
R.Kh. Khazhipov 
Some peculiarities of rule-of-law statehood ideas formation in Germany and Russia
The article is dedicated to the review of some peculiarities of rule-of-law statehood ideas formation and development on the example of Germany and Russia. Originating on the German land the idea of the rule-of-law state gradually possessed the best minds of many European nations, it also found a fertile ground in Russia. At the same time there is no unified model of the rule-of-law state, every country goes its own way to it.
Key words: rule-of-law statehood, freedom, legislature, real socialism, peculiarities of rule-of-law statehood forms.
Articles:
E.Kh. Gripp, Yu.Kh. Yakhina 
DOUBLE CITIZENSHIP IN THE RUSSIAN FEDERATION
The article is devoted to the problems of the concept definition of double citizenship, to the analysis of the legal regulation of the institution of double citizenship in the Russian Federation and foreign countries, to the research of the problems and perspectives of its development.
Key words: human rights, double citizenship, citizen, state, international treaty.
Articles:
Ye.N. Yakovets 
INFORMATIONAL AND PSYCHOLOGICAL CONSEQUENCES OF THE RUSSIAN CIVIL WAR
Legal analysis of the key measures related to the suppression of anti-government protests led by A. Antonov in 1921 is carried out. Normative documents, witnessing the application by the Red Army, along with other means the elimination of illegal armed formations, chemical warfare agents are cited. Various, often opposite views regarding the reliability of information about their use and legitimacy of these measures are analysed. 
Keywords: anti-Bolshevik actions, massacre of the RCP(b) and Soviet power representatives, disruption of thesurplus appropriationattacks on small detachments of the Red Army, the institution of hostages, continuedpersecution, automobile squads, gas attacks.
Articles:
Daukayev I.M.
Main determinants of corruption origin and development in the world.
Historical analysis of processes connected with corruption origin and development from the earliest times to the present day is carried out. It shown that the wanton growth of the corruption started with the development of the statehood, origination of the considerable bureaucratic apparatus, the special caste of officials, that received more and more authority in the society. It is proven that corruption is characteristic for both totalitarian and democratic states, thus objective reasons of corruption existence stipulate difficulties in the struggle with this phenomenon.
Key words: corruption, corruption crimes, bribe, bribery, bureaucratic apparatus.
Scientific Reports:
R. N. Yenikeev., R.Kh. Mukhametdinov 
ON THE NOTION OF “THE STATE-LEGAL CONFLICT”
This article is an attempt to concretise the idea of “the state-legal conflict”. The relevance and topicality of research of problems concerning the state legal conflicts in the contemporary Russian society is noted. It is argued that one of the necessary prerequisites of the effective modern conflicts study is to define the concept content of “state-legal conflict”. An overview of the opinions and positions of specialists in the legal conflictology working on this matter is given. A number of characteristic features of state-legal conflicts were revealed. The authors proposed their own definition of state-legal conflict.
Scientific Reports:
D.A. Kurbanov, O.Yu. Khismatullin 
SOME ISSUES OF GROUND DEFINITIONS OF RESPONSIBILITY FOR INFLICTING MORAL HARM.
Some issues of moral harm definition in the legislation of the Russian Federation, the provisions, developed in law-enforcement practice, and the judgments formulated in modern literature, the general bases of responsibility for inflicting moral harm and compensation for the harm, caused by unlawful, illegal actions are reviewed in the article.
Keywords: the non-property rights of a person, moral harm, moral and physical suffering, security and protection of the violated rights, protection of separate types of the non-material values, ways of protection, compensation for moral harm
Scientific Reports:
I.A. Vladimirov
PROBLEMS OF AGRARIAN ENTERPRENEURSHIP LEGAL REGULATION.
Problems of agrarian entrepreneurship legal regulation in the Russian context are viewed in the article. The author grounds the necessity of thorough study of the limits and grounds of the foreign experience applicability in Russia. The need for developing a theory (conception) of the legal regulation of the Russian agrarian enterprises aimed at the innovative development of agriculture, which must receive adequate legal regulation and legal safeguards contributing to further positive results of the subjects of agrarian business, is pointed out.
Keywords
: business, law, science, legislation, economics, village, activities, society, land, climate, nature.
Scientific Reports:
K.R. Bulgakova
ON THE STATE AND MUNICIPAL SERVICES.
The article reviews issues connected with the state and municipal services organization.
Key words: state services, municipal services, administrative regulations, public (universal) service, authority of the Russian Federation, exclusive authority matter
Scientific Reports:
Yakovlev A.V.
SIGNIFICANCE OF THE PRE-REVOLUTIONARY LEGAL SCHOLARS FOR THE RULE-OF-LAW STATE FORMATION
The article investigates the possibility of using the legacy of pre-revolutionary Russian legal scholars for improvement of the legal system in this country. As an example the author analyses the contribution of the 19th century scientist M.N. Kapustin to the science of “the International law”.
Keywords: legal scholars; International law; history of international law.
Scientific Reports:
T.A. Minigazov 
Legal qualification of stockholding in the limited liability company
In the article the main theoretical approaches to defining the legal nature of a stockholding in the limited liability company are reviewed. The author substantiates the concept of recognition of the stockholding in the limited liability company as an object of the right of ownership. 
Key words: limited liability company, share, capital stock, participant (incorporator), rights, responsibility, property, property interest
Scientific Reports:
A.Kh Alibayev. 
Constitutions of constituent entities of a federation in the legal system of a democratic state
The article in a brief form reveals the basic terms and procedures of consistency between the constitutional laws and other normative legal acts of the Russian Federation and its subjects.
Keywords: The Constitution, statutes, a Russian region, legislation, powers and status of the subjects, the legal system, constitutional law, the fundamental laws of conformity.
Scientific Reports:
Ye.V. Goloborodkina 
APPLICATION OF THE CONSEQUENCES OF INVALIDITY OF A VOID TRANSACTION CONNECTED WITH ALIENATION OF REAL PROPERTY.
The article critically investigates the practice of lawsuit settling on applying the consequences of invalidity for void transaction in the form of refunding towards each party everything obtained in deal by the Arbitration Court of the Republic of Bashkortostan. It is proved that working legislative norm on possibility of acknowledging the void transaction as invalid, has become obsolete and needs to be updated. 
Key words: invalidity of a void transaction, alienation of real property, consequences of void transaction’s invalidity.

 

ISSN 2500-0217 / Включен в Перечень ВАК