Vol 1, No 4 (2014)

Articles
Privetstvennoe slovo General'nogo prokurora Rossiyskoy Federatsii
Chayka Y.Y.
Russian Journal of Legal Studies (Moscow). 2014;1(4):7
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Vstupitel'noe slovo Glavnogo redaktora Kerimova A.D.
Kerimov A.D.
Russian Journal of Legal Studies (Moscow). 2014;1(4):8-9
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Nam ne nuzhny psevdoyuristy
Stepashin S.V.
Russian Journal of Legal Studies (Moscow). 2014;1(4):10-12
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«State Law» as an Object of Scientific and Practical Comprehension
Shultz V.L., Bochkarev S.A.
Abstract
The article raised and offered to discuss the possibility of considering the «condition of law» as an object of scientific and practical thinking. It is noted that these categories are often used in different contexts and legal texts but has not yet been recognized and is not justified as a concept, has its own importance and place in the theory. Suggested that «condition law» can be an effective methodological tool to operate with the current social and globalization processes.
Russian Journal of Legal Studies (Moscow). 2014;1(4):13-20
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Current State and Prospects of the Russian Theory of Law and State Part 1
Lapaeva V.V.
Abstract
Article deals with general characteristic of current state of the Russian theory of law, which is examined in the unity of such aspects as philosophy of law, sociology of law and legal dogmatics. In author’s opinion, prospects for development on each of these directions should be determined by the main social demand, inverted to the theory of law, which consists of development of criteria of distinguishing law from arbitrariness, exercised in the form of law. For the philosophy of law the main direction of efforts should be connected with development of general doctrinal type of understanding of law, which would correspond to a human-centric legal ideology, assumed as the basis of the Constitution of the Russian Federation. The task of sociology of law is seen, first of all, in development on the basis of such understanding of law of theoretical-methodological basis for study of social conditionality of legislation and efficiency of its application. The proper transfer of the results of philosophical and legal and legal and sociological studies, conducted within the framework of the theory of law, at the level of law-making and law enforcement practice requires the development of an adequate legal dogmatics. The author substantiates the need for development of the human-centric dogma of the Russian law as such a system of legal-dogmatic constructions, which would specify the principle of human rights priority. Special attention is paid to disclosure of cognitive potential of libertarian juristic type of understanding of law in respect of each of the chosen directions of theoretical and legal studies.
Russian Journal of Legal Studies (Moscow). 2014;1(4):20-31
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What Form of Government Exists in Modern Russia?
Chirkin V.E.
Abstract
Application to Russia (and other states), the term «half presidential (semi-présidentielle) republic») failed. In accordance with the constitutional regulations of Russia it is hybrid, presidential-parliamentary republic with presidential dominance in the system of state power, but in practice according to the real balance of powers of the state, the supreme bodies of state, backward and forward linkages of organs of a state with the population of Russia it is a presidential republic. In the article are signs of prezidencializm and parliamentarism in the form.
Russian Journal of Legal Studies (Moscow). 2014;1(4):32-40
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Russia Need Reform Advocacy
Trunov I.L.
Abstract
This article analyzes the reform of the legal services market and the advocacy profession on the basis of the state program«Justice». Criticism accumulated over the past 12 years, challenges and proposals for reforming and improving the advocacy profes-sion, based on international experience and domestic mistakes and miscalculations.
Russian Journal of Legal Studies (Moscow). 2014;1(4):41-45
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About Concepts and Categories in the Philosophy and Theory of Law (or what distinguishes science from opinions in science)
Al’bov A.P.
Abstract
This paper shows that the relation of philosophy and theory of law, you cannot imagine it, if we are talking about the syn- thesis of two equally formed, opposing areas of knowledge. This approach is a serious simplification of distorting the essence of their relationship. The primary philosophy in relation to any positive science about nature, man and society, as the primary the idea of creative science. Therefore, the occurrence of «the science of law in the field of philosophy can only be understood as the inevitable return to their theoretical origins». Philosophy and philosophical knowledge of the essence of law and the state are valid historical and genetic source forms of scientific knowledge of these institutions.
Russian Journal of Legal Studies (Moscow). 2014;1(4):46-59
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Legal Nihilism and Its Foundation
Kalnoy I.I.
Abstract
Ontological bases of legal nihilism are being considered in this article. Methodology of anthropological direction is claimed. Nihilism sources as one of the forms of protest consciousness are rooted in man`s nature. Myth culture adapted biological instincts. It declared about itself as a cradle of people generation. Man went through his formation and development in conditions of different culture but myth culture didn`t vanish. It found its status of man eternal satellite. Man in his development went the way through anthroposociogenesis from protoman till modern man. He preserved the connection with nature at the level of will to life development. He will to life realizes itself through the instinct of self-preservation. Positive and negative aspects of man behavior are laid in this instinct which is the indirect cause of legal nihilism, conflict and «not right».
Russian Journal of Legal Studies (Moscow). 2014;1(4):60-66
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Typical Shortcomings and Problems of Modern Scientific Research on Legal Sciences
Zakhartsev S.I.
Abstract
In the article based on the study of scientific works on jurisprudence, the author identifies eight common omissions and problems characteristic of modern legal and scientific research. Proposed solutions to these issues.
Russian Journal of Legal Studies (Moscow). 2014;1(4):67-76
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Social-Cultural Anthropology of Law as a Post-Classical Research Programme
Chestnov I.L.
Abstract
The author shows the formation of social and cultural anthropology of law. Contemporary social-cultural anthropology rights can not be based on post-classical methodology. Post-classical social-cultural anthropology of law is the recognition of a person as the basis of the legal system. Just man constructs and reproduces their practices right.
Russian Journal of Legal Studies (Moscow). 2014;1(4):77-84
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Interdisciplinary Research as an Important Direction of Development of Modern Russian Law
Kostrova M.B.
Abstract
The article analyzes the reasons for the urgency of carrying out interdisciplinary research in the field of law, highlights the currently existing group interdisciplinary research and provides a brief General description. For example, two branch of science - criminal and criminal procedural law addresses issues that arise when conducting interdisciplinary research that have a negative impact on their effectiveness. The conclusion about the necessity of overcoming the sectoral monism as a way to address cross-sector issues from a position of recognizing the existence of a leading sector driven. As an effective means of overcoming sectoral monism when conducting interdisciplinary research and, accordingly, the funds get really complex results suggested the creation of research teams consisting of specialists of different branches carrying.
Russian Journal of Legal Studies (Moscow). 2014;1(4):85-91
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Modernization of Medical Law: the Formation of a Branch of Law or Legislation?
Romanovsky G.B.
Abstract
The article discusses the prospects of forming a new branch of law - health law. Analyzes scientific opinion as supporters of this perspective and its opponents. A General conclusion on the premature selection of medical law as a separate branch.
Russian Journal of Legal Studies (Moscow). 2014;1(4):92-96
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Mediation in the Draft concept of the Code of civil procedure
Isaenkova O.V.
Abstract
The article first analyzes the prospects for mediation in relation to the Draft Code of civil procedure, which was presented in Yekaterinburg, October 28, 2014. Considered urgent and important issues that arose in the course of determining the place of mediation in the modern system of Russian law and the system of conciliation procedures in particular.
Russian Journal of Legal Studies (Moscow). 2014;1(4):97-100
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Methods of Economic Analysis of Law in the Design of Normative Legal Acts
Tambovtsev V.L.
Abstract
The article gives a brief description of the economic approach to the analysis of law and institutional design, are determined by the relevant applications of the methods and results of economic analysis of law in the creation of normative-legal acts.
Russian Journal of Legal Studies (Moscow). 2014;1(4):101-107
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The Role of Investment Cooperation Between Russia and China in the Global Economy in the Context of International Law
Farkhutdinov I.Z.
Abstract
In the context of globalization, which began at the turn of the century, came a new transnational system management of the world economy with its patterns of regulation. US seeks to create a unipolar world. Contemporary world situation differs noticeable intensification of Russia and China in global politics. The main content of world politics of the next decade become a global confrontation with Russia and China. The paper analyzes the status and development trend of China's investment laws. Large-scale foreign direct investment in China century made on the basis of long-term investment strategies and evolutionary formation of the investment climate. Operating in China legislation on foreign investment excessively cumbersome, relevant provisions are contained in legal acts of different levels.
Russian Journal of Legal Studies (Moscow). 2014;1(4):108-120
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About the Prospects of the Application of Economic Analysis of Law in the Russian Legal Science (on the example of civil procedure)
Kurochkin S.A.
Abstract
On the example of modern civil procedure article considers the prospects for the use in the Russian Federation economic analysis of law as a method of study of legal phenomena. In General, lit: the essence of economic analysis of law as a method, its types and role in the study of civil procedure. According to the results of the proposed conclusions about ways to improve the efficiency of the Russian system of civil procedure.
Russian Journal of Legal Studies (Moscow). 2014;1(4):121-128
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The Economic System as the Object of the Constitutional-Legal Research
Grigorieva V.A.
Abstract
The article analyzes the economic system as the object of the constitutional legal science, the methodological approaches of this study. The author substantiates the conclusions that: 1) the economic system as a category of economic science is broader in content than the economic system within the constitutional and legal consideration, since the latter includes only items that are of constitutional significance; 2) its structural elements are the subjects of economic resources, institutions, and economic relations; 3) the state occupies a special position among the subjects economic system, because it simultaneously acts as a regulator of economic relations, and the role of the economic entity and irrespective of their role, always has a single constitutional-legal purposes in the economic system.
Russian Journal of Legal Studies (Moscow). 2014;1(4):129-132
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Modern Condition and Prospects of the Reform of Pre-Trial Proceeding in the Russian Criminal Process
Shadrin V.S.
Abstract
The author considers the content and outcome of the reform of pretrial proceedings in connection with the adoption and subsequent application of the code of criminal procedure, problems in the current legal regulation of the stages in criminal prosecution and preliminary investigation, as well as the grounds and the possibility of its further improvement.
Russian Journal of Legal Studies (Moscow). 2014;1(4):133-137
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The Right to a Fair Trial in Civil Cases and Its Elements in the Light of the Ideas of the Rule of Law
Afanasiev S.F.
Abstract
The article in the light of the draft Concept for the unification of procedural law-legislation, as well as future development and adoption of Code of civil procedure of the Russian Federation examines the question of the right to a fair trial in civil cases and its elements. It is emphasized that the right to a fair trial is not in its aims-ness declarative, its content is diverse and includes organic municipal, institutional, procedural and special part that should be taken into account by the domestic legislator in the course of further reforming and improving civil procedural law.
Russian Journal of Legal Studies (Moscow). 2014;1(4):138-148
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The Text-Act-Right-Sadie
Alexandrov A.S., Terekhin V.V.
Abstract
The article deals with conditions of fairness in criminal proceedings. Particular attention is drawn to the need for appropriate legislation and education worthy of the judiciary
Russian Journal of Legal Studies (Moscow). 2014;1(4):149-161
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Rationality as a Means of Formalism in Science and Practice (criminal procedural aspect)
Tymoshenko А.А.
Abstract
The article deals with the use of reasonable categories in the science and practice of criminal justice. It is proposed not to allow the formalization of criminal procedural activities.
Russian Journal of Legal Studies (Moscow). 2014;1(4):161-169
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On the implementation of the Supreme Court of Russia of article 126 of the Constitution in conditions of destabilization of the socio - economic situation
Pavlikov S.G., Gabasov V.S.
Abstract
It is proved that under the conditions of modern negative socio - economic situation need to become more active role of the Supreme Court as a body, in accordance with Art. 126 of the Russian Constitution gives clarifications on issues of judicial practice, the adoption of the resolutions of the Plenum of the workings of the courts of General jurisdiction in terms of attempts at encroachment on the sovereignty of the Russian Federation.
Russian Journal of Legal Studies (Moscow). 2014;1(4):170-174
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Current State and Prospects of Russian Criminology
Gilinsky J.I.
Abstract
The article discusses the state of contemporary Russian criminology as stage of its development. The achievements and significant shortcomings in the development of modern national criminological thought. Projection of the likely prospects.
Russian Journal of Legal Studies (Moscow). 2014;1(4):175-180
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Criminal Liability in Domestic Law in the Context of the Effectiveness of the Implementation: Problems of Theory and Practice
Dvorezkiy M.Y.
Abstract
The article deals with topical issues of criminal responsibility in the national legislation in the context of the effectiveness of the implementation, as well as problems of theory and practice.
Russian Journal of Legal Studies (Moscow). 2014;1(4):181-186
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The Criminalization of Acts in the Field of Disposal of a Person With His Body
Chernysheva Y.A.
Abstract
Scope orders man his body is quite large, so the range of measures to prevent crime in this area is quite extensive. At the present time is necessary to improve standards of legal regulation to counter a number of acts connected with the order of the human rights body, posing a public danger to the life and health of humans and citizens.
Russian Journal of Legal Studies (Moscow). 2014;1(4):187-193
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The Effectiveness of the National System of Punishment: Problems of Criminal Law Theory and Practice
Stromov V.Y.
Abstract
The author analyzes the domestic system of penalties, in the context of the effective implementation of criminal responsibility, which today is one of the most impressive in scope and the most differentiated among national criminal law. Publisher concludes that while the system is suboptimal realizable and is inherently inefficient. The article analyzes the causes of the current situation and proposes the direction of its legislative regulation.
Russian Journal of Legal Studies (Moscow). 2014;1(4):194-197
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Historical and legal analysis of the regulation of the problem of serving a sentence of imprisonment of pregnant women and women with young children
Omelchenko O.A.
Abstract
This article is devoted to studying the problem of serving a sentence of imprisonment of pregnant women and women with young children. In view of maloizuchennyh of the subject and its increasing relevance in modern conditions of development of the penitentiary system attempts to review and to analyze the degree of attention of state authorities, the criminal-Executive system and the public to the problem at different stages of historical development: from pre-revolutionary times to the present day. The statistics showing the number of women and children in prison from 2003 to 2014 and the influence of serial humanization of punishment in the form of deprivation of freedom for statistical data.
Russian Journal of Legal Studies (Moscow). 2014;1(4):198-205
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