Vol 1, No 4 (2014)

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.

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.

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».

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.

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.

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.

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.

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.

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

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.

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.

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.