The Modern Lawyer №3(4)

SUR3(4)

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THEORY AND THE LAW HISTORY AND STATE, THE HISTORY OF THE LAWFUL STUDIES 8

Alexey P. Albov

doctor of legal sciences, Professor, the department chair of Department the «Theory and history of State and law» the Finance University under the Government of the Russian Federation, Moscow (E-mail: AAP62@yandex.ru)

 

Dynamics of transcendental method in the interpretation of the essence of law F.V.Y. Schelling

In this paper we show that, despite the rather significant differences in the interpretation of the history and spirit of the law by Kant, Fichte, Schelling and Hegel, the main thing is that they are accompanied by a rational understanding of the measurements and criteria. Schelling showed that the historical development of the law is to be studied not by insight — intuition, and scientific theory. For the first time in the paper shows that the most significant thing that unites them into a single unit in its consideration of human rights, this philosophy is clearly centered on the principle of freedom.

Keywords: German philosophy, law, legal awareness, scientific knowledge, Schelling’s philosophy of law, legal theory, philosophy of positive law.

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Aleksey A. Terenichenko

candidate of historical sciences, associate professor of Department of theory and history of state and law of the Finance University under the Government of Russian Federation (E-mail: terenichenko@yandex.ru)

Formation of Russian lawful thought in the second-half XVIII of the century

The author considers the process of formation of Russian law in the 2nd half of the XVIII century, on a scientific basis. Analyzed the causes of the evolution of the domestic legal philosophical thoughts from the concept of the «common good» to the complex of liberal ideas on the basis of legal anthropologism.

Keywords: history of Russian law, the doctrine of natural law, the concept of the «common good», scientific conceptual-categorical apparatus of the Russian language, секуляризационные trends, civil liberties, projects constitutional monarchy, utilitarianism, anthropological direction in the philosophy of law.

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Vitaly G. Pakhomov

Honored Lawyer of the Russian Federation, Professor of Law, Head of the Department of Theory and History of State and Law Place of employment: Russian State Social University, Moscow (E-mail: ktgp411@mail.ru)

Federated ideas in Russia: the origins of

This paper analyzes the federal idea in Russia by Catherine II to the Decembrists.

Keywords: Catherine II, Alexander I, NN Novosiltsev, charters federalism

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ARBITRATION AND CIVIL PROCESS 45

Vasily V. Gushin

the doctor of juridical sciences, professor, chairman of department «Civil and arbitration Procedure» the Finance University under the Government of the Russian Federation, Moscow (E-mail: gvv100@bk.ru)

Subjects in enforcement proceedings ant it’s classification

This article is about some questions of classification of subjects in enforcement proceedings and it’s legal description

Keywords: subject of law, enforcement, classification of subjects in enforcement proceedings

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FAMILY AND INTERNATIONAL PARTICULAR LAW 51

Maria M. Dar′kina

PhD in Law, professor, chairman of department «Civil and arbitration Procedure» the Finance University under the Government of the Russian Federation, Moscow (E-mail: HKUSP45CT@yandex.ru)

 

Legal regulation of relations on the conclusion and termination of marriage involving a foreign element

The article analyzes the right to regulate the relations on the conclusion and dissolution of marriage with the participation of foreigners and persons without citizenship. The procedure for the conclusion of marriage and divorce on the territory of the Russian Federation and on the territory of a foreign state. Justification of the recognition of the marriage invalid. Specify the barrier conditions for marriage conclusion. Considers the procedure and term for appeal against a court ruling (decision) on the dissolution of marriage.

Keywords: foreign citizen or person without citizenship, national legislation, the conditions of the marriage, grounds for termination of marriage, recognition of the marriage invalid the conclusion of marriage for religious ceremonies traditions and customs, the personal law of a foreign citizen, the international Treaty.

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ADMINISTRATIVE AND CONSTITUTIONAL LAW 60

Yuri V. Stepanenko

doctor of juridical sciences, professor of the department « Administrative and information law» of the Finance University under the Government of the Russian Federation, honoured lawyer of the Russian Federation (E-mail: Stepanenko.50@mail.ru)

 

Law enforcement: the evolution of the theoretical views

The article reveals the theoretical approaches and views of local scientists-jurists on the concept and content of law enforcement activities, including the activities of internal affairs bodies.

Keywords: law enforcement, public relations, law, the functions of the State, the implementation of law, the rule of law, jurisdiction, internal affairs bodies.

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Vitaliy V. Vyshkvartsev

PhD in Law, Senior Lecturer of the Department of theory and the history of law and state International Law Institute (Krasnoznamensk branch) (E-mail: vitalv22@yandex.ru)

Dual membership and party supporters in Russian politics

The article is devoted to little known in modern Russian political and legal science on «double membership» and «party agreement of opinion» as a social and political phenomenon, lack of effective legal regulation in the Federal law «About political parties». The author proposes a mechanism to counter membership in more than one political party, emphasized the importance of legitimacy «of the party agreement of opinion» as a form of the principle of ideological pluralism.

Keywords: «double membership», «ideological pluralism», «party arbitration», «political parties», «party agreement of opinion».

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TRIBUNE OF THE YOUNG SCIENTIST 104

Anna M. Turkiashvili

law student of the Finance University under the Government of Russian Federation (E-mail: anna.turkiaschvili@yandex.ru)

The consequences of Russia's Accession to the WTO under the regulation of the banking system

Observing consequences of Russia’s WTO accession for National Banking System is the main issue of this article. Particularly an author determines both negative and positive effects, makes analogy with other countries, and analizes possible losses. In conclusion summarizes all investigation.

Keywords: WTO, banking, foreign investment, government support, standards, competition.

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SURVEYS AND THE REVIEWS 115

Oksana N. Petiykova

the Doctor of jurisprudence, Professor, Deputy Head of Department the civil and arbitral process on scientific work of University Finance under the Government of the Russian Federation, Moscow (E-mail: oksana55@mail.ru)

 

The Formation of Russian legal thought in the second half of the eighteenth century / The Overview of the international scientific and practical Roundtable, held by the Department of civil and arbitration» financial University under the Government of the Russian Federation

International Scientific and Practical round table «Legal guarantees of entrepreneurial activity in the Russian Federation: problems and solutions» was organized by the Department of Civil and arbitration process on 20 December 2012 at the Financial University under the Government of the Russian Federation The purpose of this round table — the analysis of the degree of efficiency regulatory and legal requirements in the field of entrepreneurship through the prism of the substantive and procedural forms of protection of the rights of economic entities to develop recommendations for the improvement of Russian legislation.

Keywords: Legal safeguards, entrepreneurship, regulatory requirements, procedural forms of protection of rights, improvement of legislation.

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AUTHORS 128
ABSTRACTS 134