Vol 2, No 1 (2015)

Articles
Introductory remarks by the corresponding member of RAS Kerimov D.A.
Kerimov D.A.
Abstract
Russian journal of legal studies
Russian Journal of Legal Studies (Moscow). 2015;2(1):7-8
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Current State and Prospects of the Russian Theory of Law and State Part 2
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. 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). 2015;2(1):9-18
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The theory of law and their relationship to the realities of life
Lyneev V.V.
Abstract
The article assesses the relationships developed theories and rules of law to real life. Expressed the opinion that so far between the theory of criminal law and systematic study of the criminal laws of reality or criminology has not arisen close scientific and practical cooperation. It is noted that legal, normativists view has virtually no relationship to reality.
Russian Journal of Legal Studies (Moscow). 2015;2(1):19-23
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Modern problems of jurisprudence in the context of the social role of the law
Catzapava I.A.
Abstract
The article considers the current status of law at both the international level and in social reality. Disclosed modern principles and approaches to study the role of law. Focuses on the need to revive the philosophical and legal issues, in particular, the revival of philosophical and legal discourse. The article describes the social role of law through normative conditionality. And substantiated inter causing communication of social status law with the social role of the man.
Russian Journal of Legal Studies (Moscow). 2015;2(1):24-31
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On the state and prospects of development of the Russian constitutional legal science
Dmitriev Y.A.
Abstract
120-year anniversary of the current Constitution of the RF - an occasion to address the problems of development of the domestic constitutional and legal science. Other than statements of stagnation in its development, the author refers to the analysis of the status and development of its basic institutions, such as the doctrine of the Constitution, the constitutional system, human rights, development of the federal structure, the President of the Institute, the dynamics of the electoral system, science and education, the formation of a secular society. The basis of allocation of legal institutions subjected to review, put the structure of the Russian Constitution in 1993 with reference to specific examples of Soviet history.
Russian Journal of Legal Studies (Moscow). 2015;2(1):32-39
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Complex branch of Russian law (military law)
Koryakin V.M.
Abstract
The article discusses the debate about the possibility of separating the structure of the legal system of complex areas of law. The author defends a position on the legality and validity of the institutionalization of integrated industries in the structure of the domestic legal system.
Russian Journal of Legal Studies (Moscow). 2015;2(1):40-49
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The features of the development of land legislation in post-Soviet Russia
Lipsky S.A.
Abstract
The article discusses the features and problems inherent in the federal land legislation at various stages of its development over the last two and a half decades. The author identifies four stages, and the probability of a qualitatively new stage. It explores in more detail the changes in Federal laws that regulate the turnover of agricultural land. The article also addresses the most fundamental and quite promising bills under consideration by the State Duma.
Russian Journal of Legal Studies (Moscow). 2015;2(1):50-57
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State criminal law: «thresholds» and «vices» of scientific understanding
Bochkarev S.A.
Abstract
The article analyzes the experience of scientific understanding of the contemporary condition of domestic criminal law. An attempt to identify the main criteria and indicators which are used by experts in the evaluation and characterization of the situation in criminal law. According to the results of studies made and reasonably of the opinion that scientists used methods cannot be considered accurate and focused on reliable and consistent display the status of the criminal law, and their reasoning are fragmented and opposition in relation to other sources and subjects of knowledge.
Russian Journal of Legal Studies (Moscow). 2015;2(1):58-71
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The theoretical basis of the quality of labour legislation
Almaeva Y.O.
Abstract
Undoubtedly, some of the phenomena that determine the quality of labour laws should be regarded as natural and inevitable. Indeed, upon closer examination reveals that the law is not constant, it changes with the development of society, increasing legal awareness of the society members, the obsolescence of the law. Other circumstances affecting the quality, lead to the imbalance of legal regulation of social-labor relations.
Russian Journal of Legal Studies (Moscow). 2015;2(1):72-78
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Law reality of Russia: Philosophical-law analysis
Skorobogatov A.V., Krasnov A.V.
Abstract
The article devoted to research of legal value of the category «law reality» in development of modern Russia. Author proves that the law reality of Russia consists of three levels: law-making, law-realization, law behavior. Defining level of law reality is the law behavior which is focused on observance of the unwritten law. On the basis of the studying of law experience and a law ideal of the Russian citizens in article transgressive nature of law reality is proved.
Russian Journal of Legal Studies (Moscow). 2015;2(1):79-85
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The phenomenon of the legitimacy of rights: philosophical and legal interpretation
Shugurov M.V.
Abstract
Article seeks to substantiate the philosophical and legal approach to the analysis of the phenomenon of the legitimacy of law. It proved heuristic meaning of this concept, a distinction is made between the approaches of political philosophy, philosophy of law and legal theory in the definition of the concept of «legitimacy». The author focuses on the concept of «legitimate right» assumptions crisis of legitimacy of law, as well as possible ways to overcome it.
Russian Journal of Legal Studies (Moscow). 2015;2(1):86-103
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The state vector of russian juridical researches in the first half of the xxi century
Seregin A.V.
Abstract
In the article are analyzed the modern condition of the Russian juridical science. The author noted that the national jurisprudence must become free from the imitation the Roman-Germanic and Anglo-Saxon juridical values. The moral-political education of the lawyers and civil servants’ principles are disclosed in the work. As well as in connection with the development of the disintegration processes between the Slavic states in the end XX - in the early XXI centuries the great significance in the law study of our country acquires the task to revive the juridical slavistic. This part of the law’ theory is called upon to form the united law culture and the ideology of the law system, functioning in the Slavic countries.
Russian Journal of Legal Studies (Moscow). 2015;2(1):104-116
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THe main approaches to the study of problems of effectiveness legal responsibility
Osipov Y.M.
Abstract
Problem of the effectiveness of legal responsibility - this is one of the important problems in the theory of state and law. In the present article the basic concept of the effectiveness of legal liability. It is concluded that the effectiveness of legal responsibility complex legal phenomenon, requiring the use of a variety of approaches, and the problem itself effectiveness of legal responsibility has no unique solution.
Russian Journal of Legal Studies (Moscow). 2015;2(1):117-120
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The legal life self-organization concept as a promising direction of development of domestic jurisprudence
Shundikov K.V.
Abstract
The article evaluates the prospects of using synergetic methodology in modern domestic jurisprudence. The topicality of using methodological resources of self-organization concepts in society legal life researching is proved, the most important areas of synergy and law science cooperation are outlined.
Russian Journal of Legal Studies (Moscow). 2015;2(1):121-128
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Empire as an object of political and legal analysis
Grachev N.I.
Abstract
The article substantiates the relevance of the problem of the Empire in the context of the world development trends associated with globalization and a new round of technological revolution. These conditions result in the restoration of the idea of Empire and renovation of the Imperial state. Since Russia over the past five centuries, was built and developed as an Empire and has not lost many of the qualities of Imperial organization and at the present time, the author attempts to identify and disclose the contents of state and legal characteristics of the Empire as the Supreme condition of statehood and its definition.
Russian Journal of Legal Studies (Moscow). 2015;2(1):129-139
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Normotensive, administration and socialability as incarnations typology vlastnosti
Sergevnin S.L.
Abstract
The author considers a modern problem structuring and functioning of the system of separation of powers, including with regard to the current characteristics of the legal nature of the various systems of the state authorities, as well as their functionality.
Russian Journal of Legal Studies (Moscow). 2015;2(1):140-147
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THe problem of delegation of state authority of the subjects of private law: current practice and doctrine
Romanovskaya O.V.
Abstract
In the article legal problems of delegation of separate state-imperious powers to the nonstate organizations are considered. The basic blanks are revealed, ways of their permission are offered. The general rules of delegation by which the legislature should be guided at acceptance of the corresponding legal certificate are presented.
Russian Journal of Legal Studies (Moscow). 2015;2(1):148-154
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Constituionalism and the archetypes of russian power (casus in 1906)
Kochetkov V.V.
Abstract
In this article, based on an understanding of constitutionalism as a special form of justice the author considers the process of reception of the constitutional public-law institutions and archetypes in a society dominated by the traditional sense of justice, by analyzing the text of the Main Laws of the Russian Empire in 1906, as well as doctrinal interpretations of their provisions of the lawyers of that time.
Russian Journal of Legal Studies (Moscow). 2015;2(1):155-163
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Termination of powers of the president of the russian federation: legal gaps
Golubeva L.A.
Abstract
Modern Russian constitutional law establishes the legal status of the head of state as the underlying implementation of public administration. The need for compliance with democratic tendencies of the Republican form of government entails the requirement of changing the head of state. System analysis of the existing provisions of the Constitution of the Russian Federation and other Federal law allows you to identify gaps in regulation and suggest ways for them to meet. Termination of powers of the President of the Russian Federation is of interest in connection with the importance of the impact of the Russian President on public administration and society in General. To achieve the objectives of the study used the methods of analysis and synthesis, the method of historical retrospective and comparative legal method, proposed solutions to the identified problems using a synergistic approach.
Russian Journal of Legal Studies (Moscow). 2015;2(1):164-166
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Constitutional aspects of defending of participants of shared-equity construction through the administrative coercion measures
Ruzanov I.V.
Abstract
The question about the conceptual bases of administrative influence on the participants of economic life is raised in the paper. It is suggested to use the methodology of economy, particularly the conception of transaction costs minimization as an aim of state, to work out the optimal model of economy regulation through the administrative measures. Based on this approach, the author analyses the article 14.28 of Administrative Code of the Russian Federation.
Russian Journal of Legal Studies (Moscow). 2015;2(1):167-170
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Participation of the public sector in the fight against security agencies against terrorism and extremism
Krasinski V.V.
Abstract
This article deals with the promotion of civil society bodies security in their fight against terrorism and extremism.
Russian Journal of Legal Studies (Moscow). 2015;2(1):171-174
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Russian legal education today: problems and prospects
Mescheryakova O.M.
Abstract
This article is devoted to study of regulatory legal aspects which Russian Federation implemented pursuant to the so-called Bologna Declaration - a joint declaration of the European Ministers of Education adopted in Bologna on June 19, 1999, which Russian Federation joined in the year 2003. In the present article institutional transformation taken by Russian Federation in this way, as well as various organizational and legal difficulties that Russian education system faced on the way of implementation and commitments taken as per international agreements in this area. On the basis of understanding of juridical education as a constitutional value the article analyses the present state of juridical education through the prism of constitutional security of the state, society and personality. This problem aggravated due to inclusion of juridical education into Bologna process and artificial introduction of twolevel system of juridical education (baccalaureate - master’s degree), change of philosophical-worldview fundamentals of the juridical education. It makes the task of elaboration of a national conception of training of juridical personnel topical.
Russian Journal of Legal Studies (Moscow). 2015;2(1):175-178
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THe Regulations on the Awarding of Scientific Degrees in Russia (2013): Gaps and Problems of Evaluation Procedure of THeses
Yakushev A.N., Klimov A.Y.
Abstract
The research paper reveals the gaps and problems of the evaluation procedure of theses of current Regulations on awarding of scientific degrees in Russia (2013).
Russian Journal of Legal Studies (Moscow). 2015;2(1):179-185
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Model of the economy and criminal legal regulation
Kolesnikov V.V.
Abstract
Revealed interconnection and interdependence between the economy and apply models of legal regulation of economic life. Particular attention is paid to the analysis of liberalization of criminal law and its consequences, and criticized the neoliberal economic model. The offers on the transition to a liberal economic model, capable of fundamentally solve the problems of social develop ment, and construction of an adequate system of legal regulation of the sphere of economic activity.
Russian Journal of Legal Studies (Moscow). 2015;2(1):186-195
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Trialogue on electronic «justice» in civil proceedings
Antsiperova A.I., Rodionova V.S., Nastali V.G.
Abstract
The article covers the possibilities of computer modeling of potential and existing litigation of civil law.
Russian Journal of Legal Studies (Moscow). 2015;2(1):196-202
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To the question of judicial mistakes
Pavlikov S.G., Fleischer N.B.
Abstract
Attempted analysis of judicial errors in context: justification controversy proving their inevitability; identify criteria by which to objectively judge the availability of judicial errors (primarily, the ratio of guilty and not guilty verdicts); expanding the scope of judicial discretion.
Russian Journal of Legal Studies (Moscow). 2015;2(1):203-209
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History, current status and perspectives of criminal-legal protection of property relations in law
Heluta V.V.
Abstract
In the article the questions of protection of property relations in the legal research lawyers in pre-revolutionary Russia, Soviet and modern scientists. Shows the relevance and breadth of this topic, analyzed the abstracts of doctoral theses, major monographic studies and identified trends in the further examination of the Institute of criminal law. For the first time in the history of the author in detail and considered in detail the question of the completeness of scientific research in the field of criminal-legal protection of property relations, their practical and scientific significance from the perspective of today’s criminal law doctrine. In General, the author States that many aspects of the legal protection of property relations (property relations) in the science of criminal law there are striking differences, and the global problem still remains unresolved despite a fairly large number of scientific papers on this topic).
Russian Journal of Legal Studies (Moscow). 2015;2(1):210-222
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In search of the best remedies non-renewable biological resources: the example of the criminal-law protection of endangered species
Tymoshenko Y.A.
Abstract
The article examines the existing legal provisions that provide liability for criminal infringements for rare and endangered species of animals and plants, analyzes the problems of law enforcement, as well as drawing attention to the shortcomings legislator with the criminalization of such acts and in the design of criminal prohibitions.
Russian Journal of Legal Studies (Moscow). 2015;2(1):223-232
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Criminal procedure evidence: attribute characteristics and quality
Baev O.J.
Abstract
The article deals with consideration of statutory (attribute) signs (properties) of criminal procedure evidence such as the admissibility and relevance, which are based on the study of its essence. The author concludes that the reliability is not a property of proof, but its quality, which is evaluates by entities of proof in a criminal case.
Russian Journal of Legal Studies (Moscow). 2015;2(1):233-242
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THe global turnover of counterfeit discs (criminological analysis and methods of calculation)
Truntsevskiy Y.V.
Abstract
The article provides a criminological analysis and the method of calculation of the global trade in counterfeit discs.
Russian Journal of Legal Studies (Moscow). 2015;2(1):243-249
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