2012 #5,6
The main theme of 5, 6 rooms for 2012, the magazine «Representative power - XXI century» is a International scientific-practical conference «Theory and practice of Russian constitutionalism» (Moscow state Academy of law. Moscow, June 26, 2012).
Materials of the International scientifically-practical conference: Fadeev V.I. - To the 75th anniversary of academician of the Kutafin Î.Å.; Kozlova E.I. - The memory of the outstanding Russian scientist, lawyer, public and statesman; Mikhaleva N.A. - The creative heritage of academician Kutafin O.E. - the national heritage of Russia (part 1); Komarova V.V. - On the creative achivements of the great russian academician Kutafin O.E.; Shugrina Å.S. - Certain aspects of organizational fundamentals of local self-governmet in the works of professor O.E. Kutafin.
Other important topics include articles by the following authors: Interview with the Deputy of the State Duma, people's artist of the USSR, professor I.D. Kobzon; article the authors of the following: Denis N. Voronenkov. - Optimization of Russian legislation and the role of legal structures in the process of preparation of normative legal acts; Belyakov A.V. - Harmonization of legislations of states members of the European Union; Truntsevsky Y.V. - The penal policy of Russia in the sphere of ensuring the economic security: formation and realization problems (part 1); A.P. Lubimov. - Perspective directions of formation of ideology of patriotis; Trunov I.L. - The opposition of the majority; Cherny V.V. - Globalization of Democracy: Intellectual Revolution of “Information society” and “Dark Matter” of the Global Financing (part 3); W. George Krasnow. - Americans about Mitt Romney, Bain, Cigarettes, and Russia; Kochetov P.S., Akhmatov A.V. - Theory and practice problems withdrawals and releases of the land lots for the state and municipal needs.
Several other articles also deserve mentioning: Petukhova N.V. - Federal level of regulation of the control function of the legislative (representative) bodies of the constituent entities of the Russian Federation; Ezhova M.Y. - Implementation of the law "On citizenship of the Russian Federation" in the consular institutions abroad; Morozova A.S. - Constitutional and legal status of the subsoil.
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Representative power - XXI century:
#5, 6 (116, 117) – 2012 |
CONTENTS, KEY WORDS AND SUMMARIES ¹5, 6 - 2012
CULTURE
Interview with the Deputy of the State Duma, people's artist of the USSR, professor I.D. Kobzon
I.D. Kobzon, Deputy of the State Duma, people's artist of the USSR, professor.
Key words. Politics, culture, Federal Target Program "Culture of Russia", the financing of culture, the regions of Russia, consistency, law, spirituality.
Abstract. In an interview with the saying goes, what is included in the concept of culture? May be it is «beauty will save the world», as claimed our great writer Dostoevsky? The author notes that it was not beauty, but a man will save the world, because he is the Creator of beauty. More correctly - cultural man will save the world. Today, all of the negative processes, acts of terrorism, inter-ethnic conflicts occur because of a lack of culture and tolerance in our society. Would the law on culture, you can have something else to discuss this theme. But the very notion of «culture» we have not legalized!
LAW
Fadeev V.I. To the 75th anniversary of academician of the Kutafin Î.Å.
Fadeev V.I., Doctor of legal Sciences, Professor, Honored worker of higher school of Russian Federation, head of the Department of constitutional and municipal law of the Russian Federation Moscow state Academy of law named the Kutafin O.E.
Key words: creative heritage, constitutional law, constitutionalism, nationality, federalism, autonomy, public authorities, higher legal education.
Abstract. Their creative and scientific potential of Oleg Kutafin most fully realized in the conditions of the new Russia. He participated in the development of the project of the new Constitution of Russia (1993), he worked in the Presidium of the Russian Academy of Sciences, the Higher attestation Commission of the Russian Federation. For a long time Oleg Kutafin was headed by the Commission on citizenship issues under the President of the Russian Federation, was member of the consultative, Advisory and other bodies under the President of the Russian Federation.
Kozlova E.I. The memory of the outstanding Russian scientist, lawyer, public and statesman
Kozlova E.I., Doctor of legal Sciences, Professor, Merited worker of science, Professor of the Department of constitutional and municipal law of the Russian Federation Moscow state Academy of law named the Kutafin Î.Å.
Keywords: Constitutional order, democracy, civil society, the forms of direct democracy.
Abstract. The article says about the great contribution of the Kutafin Î.Å. in legal science and practice. This is evidenced by the list of scientific degrees and ranks, its activities on the creation of a system of legal education in the country, his scientific research in the field of jurisprudence.
Oleg Kutafin was Academician of the Russian Academy of Sciences, member of its Presidium, a member of the Education Academy, honoured worker of science of the Russian Federation, doctor of juridical Sciences, the laureate of the prize of the President in the field of education, the Chairman of the Commission for citizenship under the President of the Russian Federation, Deputy Secretary of the Public Chamber of the Russian Federation, member of the Presidium of the Supreme Certifying Commission, one of the leaders of the Association of Lawyers of Russia.
Mikhaleva N.A. The creative heritage of academician Kutafin O.E. - the national heritage of Russia (part 1)
Mikhaleva N.A., Doctor of legal Sciences, Professor of the Moscow state law Academy named the Kutafin O.E.
Key words: creative heritage, constitutional law, constitutionalism, nationality, federalism, autonomy, public authorities, higher legal education.
Abstract. As a true intellectual and sophisticated SERVICE. Including was the successor of the traditions of the Russian liberal-democratic thought. He is one of the few, who is with the greatest of respect to the memory of the pre-revolutionary scientists and scholars of the Soviet period. In almost all of his monographs Oleg Kutafin has devoted many pages to the analysis of works of the predecessors, domestic and foreign. Truly, he stood on the shoulders of giants.
Komarova V.V. On the creative achivements of the great russian academician Kutafin O.E.
Komarova V.V., Professor, Doctor of Law, Professor of Constitutional and Municipal Law of the Moscow State Law cademy in the name of O.E. Kutafin.
Key words: Constitutional order, democracy, civil society, the forms of direct democracy.
Abstract. The article deals with the work of the academician O.E. Kutafin in the field of public authority, on constitutional law and civil society. The author analyzes his view on the constitutional system and its basis; implementation mechanisms of public authority, and on the form of direct democracy.
Shugrina Å.S. Certain aspects of organizational fundamentals of local self-government in the works of professor O.E. Kutafin
Shugrina E.S., Professor, Doctor of Law, Professor of Constitutional and Municipal Law department, Moscow State Law Academy named after of O.E. Kutafin.
Key words: local self-government, local agencies of power, constitutional law, democratic state.
Abstract. The article is devoted to certain aspects of intellectual activities of a famous soviet and Russian lawyer Oleg Emel'yanovich Kutafin in the sphere of local self-government.
Denis N. Voronenkov. Optimization of Russian legislation and the role of legal structures in the process of preparation of normative legal acts
D.N. Voronenkov., The deputy of the State Duma, doctor of science (Law), professor.
Key words: Russian, legal acts, law.
Abstract. In the last decade in the state-legal sphere increasingly drawn attention to the fact that the current legislative process is not conducive to sufficiently improve the quality of legislation, it is still suffering: a large volume of legal conflicts between the provisions of any law, the rules of different laws, laws and regulations; the multiplicity of normative acts, cluttered an array of the current legislation; groundlessness of the introduction of new terms, which, in turn, has led to inconsistencies and contradictions; timely recognition as null force of the acts or their provisions, which actually do not work, and etc.
Belyakov A.V. Harmonization of legislations of states members of the European Union
A.V. Belyakov, Candidate of Law, deputy of the RF State Duma, Member of the State Duma Committee on the Federal Affairs and Regional Policy, Member of the “Fair Russia” Faction.
Key words: Harmonization of legislations, European Union, states members, horizontal and vertical harmonization, judicial practice, pharmaceutical products, limitation of the free movement.
Abstract: Evolution of legislations are discussed in the article: horizontal and vertical harmonization, judicial practice concerning limitation of the free movement of pharmaceutical products.
Truntsevsky Y.V. The penal policy of Russia in the sphere of ensuring the economic security: formation and realization problems (part 1)
Truntsevsky Yuri. Doctor of Law, Professor, Head of the Department of Criminal Law and special subjects Moscow Humanitarian University.
Key words: law, criminal policy, economic crime, criminal law.
Abstract. The article says that the conditions of modernization of modern legislation in the sphere of struggle against economic criminality of particular importance is the analysis of the fundamental ideas of the criminal policy to ensure the economic security of Russia, as well as measures for its implementation.
Morozova A.S. Constitutional and legal status of the subsoil
Anna S. Morozova, Applicant of Departement of Constitutional Law of Russian Academy of Justice.
Key words: Constitution, government, subsoil, ownership, status, people.
Abstract. The article gives the definition of constitutional and legal status of the subsoil, it also discloses the contents of statutory definition of mineral resources and concept of state ownership for mineral resources as specific object rights. It gives suggestions on regulatory consolidation of the specified definition of mineral resources, recognition of mineral resources as federal property and the organization of subsoil use in Russia.
Petukhova N.V. Federal level of regulation of the control function of the legislative (representative) bodies of the constituent entities of the Russian Federation
Natalia V. Petukhova, Scientific Consultant of Research Institute for State & Local Self-Governance Studies, candidate for the chair of the Russian Federation constitutional and municipal law of Kutafin Moscow State Law Academy.
Key words: Parliament, control, constituent entities of the Russian Federation, highest executive body of the constituent entity of the Russian Federation, inspection, report, budget.
Abstract. Carrying out control functions is one of the regional parliaments’ tasks as well as legislative and representative function. At the present time the control powers of the legislative (representative) bodies of the constituent entities of the Russian Federation are regulated by the norms of both Federal and Regional Law. The article describes principal directions and organizational and legal forms of the parliamentary control in the constituent entities of the Russian Federation. At the same time it is concluded that the regional parliaments’ control powers should be enlarged for the purpose of the development of parliamentarism in the Russian Federation.
POLITICS
A.P. Lubimov. Perspective directions of formation of ideology of patriotism
Alexey P. Lyubimov, Doctor of Law, Professor, Moscow University of Humanities, Member of the Science and Methodology Council under the RF Central Election Commission, Vice President of the International Union of academies of social sciences, Vice rector of the MGUKI.
Key words. Lav, right, e-democracy, of government, civil-patriotic, the ideology, the patriotism, politics.
Abstract. 2012 was marked by important events of the civil and Patriotic direction.
Vladimir Putin has signed the Decree «On improvement of state policy in the field of Patriotic education», in accordance with which in the structure of the Administration of the President of the Russian Federation established the Office for public projects. In our opinion, such a state approach to the implementation of public projects with the participation of universities and public organizations will allow to conduct civil-Patriotic work more productively.
Trunov I.L. The opposition of the majority
Trunov Igor L., Doctor of Juridical Science, Professor, Member of the Russian Academy of Natural Sciences, Vice-President of the Federal Association of Lawyers.
Keywords - police state, financial plutocracy, honor of politics, miraculous reformist jerks, democratic education of the population, the legal policy.
Abstract. The vices of today government are well-known - what to do, and most importantly how? The Greek understanding of democracy as an ideal of state means implies a constitutional state. Since the days of ancient Rome lawyers have played a leading role in world politics. Legal policy as an integral part of public policy affects all spheres of life from a prophylactic point of view. In Russia there should be two changing strong parties - a liberal and a conservative. All we need now for a long steady cycle of development is the separation of powers, political competition, equality before the law and respect for human rights, plus an active political role of lawyers.
W. George Krasnow. Americans about Mitt Romney, Bain, Cigarettes, and Russia
W. George Krasnow, Dr., graduate of Moscow State University, former professor of Monterey Institute of International Studies, California. President of the Russia & America Goodwill Association, he resides in Washington, D.C., USA.
Key words. Mitt Romney, Bain, tobacco, cigarettes, oligarchs, corruption, democracy, elections, Boris Yeltsin, Anatoly Chubais, Dimitry Vasiliev, Vladimir Putin, nicotine addiction, health, crime, Mormon religion.
Abstract. The article is devoted to Mitt Romney's Bain & Co., a consulting firm which made it big during the turbulent years of Russian reforms under President Boris Yeltsin. Bain had a government contract to advise Yeltsin's administration on privatization, but instead it got involved in shady dealings that enriched Russian oligarchs and global tobacco giants. While Romney himself, following his Mormon religion, does not smoke, he got millions of young Russians hooked on nicotine. Is this his way to deal with Russia that he called "geopolitical enemy number one?"
Ezhova M.Y. Implementation of the law "On citizenship of the Russian Federation" in the consular institutions abroad
Marina Y. Ezhova, Candidate of Political Sciences Assistant Professor of the department of International Relations Russian-Tajik (Slavonic) University (Dushanbe, Republic of Tajikistan).
Keywords: nationality, residence permit, legal status.
Abstract. This article examines the national legislation on citizenship of the Russian Federation, other legal acts regulating legal relations in this sphere. For example, the implementation of the legislation on citizenship, consular institutions abroad have addressed issues of law enforcement, offers suggestions about how to bridge existing gaps.
Cherny V.V. Globalization of Democracy: Intellectual Revolution of “Information society” and “Dark Matter” of the Global Financing (part 3)
Cherny Vladimir, Ph.D., Dr.Sci., Prof., Foundation for the protection of the constitutional rights if indigenous people of Russia, vice-president.
Key words: globalization, democracy, civil society, social organization of labor, financial instrumentation, national security.
Abstract. What type of strategy Russia should choose today for sustainable development? How possible to build economy of innovation with the human capital? Is Russia ready for Intellectual revolution going in the world today? It has an indicator: globalization of democracy and economics, new financial instrumentations and modern social job organization. To get out of the crises for Russia there is only way to develop its economy in accordance with the canons of “Information society” with intellectual resources and small business development with taking into account a “dark matter” of the global financing.
ECONOMICS
Kochetov P.S., Akhmatov A.V. Theory and practice problems withdrawals and releases of the land lots for the state and municipal needs
Kochetov P.S., Deputy director of the public state institution of Moscow «Department of preparation of territories» at Department of a city building of Moscow, the author of a number of publications concerning the ground law; Akhmatov A.V., Deputy chief of legal department of the public state institution of Moscow «Department of preparation of territories» at Department of a city building of Moscow, teacher of Military university of Ministries of Defense of the Russian Federation, Candidate of Philosophy.
Key words. Law, earth, real estate, withdrawal, expropriation, property.
Abstract. The article is dedicated to procedure of withdrawal of the land lots are considered. The main legal concepts of this procedure are analyzed. Key problems of withdrawal of the land lots from the point of view of law-enforcement practice are considered. Attempt of consideration of a question of release of the land lots as to alternative to procedure of withdrawal of the land lots of the state needs is undertaken.
