Vol 2, No 2 (2015)

Articles
Globalization and modern constitutionalism: two vectors of development
Ebzeev B.S.
Abstract
The author deals with the basics of konstitutsializatsii world order, its pace and methods of implementation. It illuminates the mechanism of protection of human rights as a means of formation of transnational constitutionalism, as well as compatibility conditions and the mechanism of interaction between the state sovereignty of Russia and the world community
Russian Journal of Legal Studies (Moscow). 2015;2(2):7-16
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Globalization of the world and supranational law
Luneev V.V.
Abstract
The article deals with the interconnectedness of the world cause problems of globalization and supranational law. It is noted that the globalization of the world is very complicated political and legal, economic and social phenomenon, and therefore requires an assessment directly through an appeal to the realities. The author reveals the features of globalization and analyzes its criminological significant problems, among them: the problem of employment, the problem of financial market speculation, the problem of the loss of sovereignty of nation states and other important processes.
Russian Journal of Legal Studies (Moscow). 2015;2(2):17-27
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Globalization of law: philosophical and legal interpretation
Mescheryakova O.M.
Abstract
Article seeks to substantiate the philosophical and legal approach to the analysis of the phenomenon of the globalization law. In the present article author researches questions of globalization impact on the international law. Author notes that today it is possible to talk about the new phase of globalization. In the article author also reveals the essence of processes that determine development of international law in the century of globalization, Along with the formation of a new branch of law - integration law, which is a kind of legal mechanism to govern global public relations, development of modern public law is determined by the changing of nature of production and international specialization.
Russian Journal of Legal Studies (Moscow). 2015;2(2):28-32
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Legal policy in the post-classical measurement
Chestnov I.L.
Abstract
The author shows the challenges that imposes for legal policy post-classical picture of the world. This challenge forced to reconsider the classical management theory, which lies at the basis of legal policy. The author believes a realistic view of legal policy of the discursive practice of manipulation of public consciousness.
Russian Journal of Legal Studies (Moscow). 2015;2(2):33-44
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Principles of law-making policy in the Russian Federation: problems of implementation
Romanovsky G.B.
Abstract
This article analyzes the implementation of certain principles of law-making policy in the Russian Federation. In particular, we consider principles such as the priority of human rights, scientific validity and predictability.
Russian Journal of Legal Studies (Moscow). 2015;2(2):45-50
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Remedial function of law policy in the sphere of innovation: the theoretical definition and the problems of realization
Trofimov V.V.
Abstract
The article is devoted to the substantiation of the necessity of working out and developing of remedial function in the system of tactical and strategic aims of law policy in the sphere of innovation. The definition of remedial function in law policy in the sphere of innovation is given. The problematic aspects of its realization are considered.
Russian Journal of Legal Studies (Moscow). 2015;2(2):51-55
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Legitimation of legal institutes as an actual political purpose
Belyaev M.A.
Abstract
In this article the author is considering the phenomenon of the juridical legitimation. During the reasoning the following is justified: (1) the legitimacy of the norms in modern democratic society is the criterion of the quality of the legal regulation; (3) legitimate norms, since they are a social fact, play a positive role in the processes of social and systematic integration. It is also set up that an optimal democratic mechanism of the legitimization of law is the subjects’ mutual acceptance of each other’s legal system. The acceptance has a multilayer dimension, but its legal part is just an intermediate phase, which terminates, according to A. Honnets’s concept, with the establishment of the integrative connection between an individual and the society. The conclusion is that the ideological support of legitimizing of law is an actual political task of the contemporary state.
Russian Journal of Legal Studies (Moscow). 2015;2(2):56-62
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Perspectives of development of conception of international law policy
Shugurov M.V.
Abstract
Article is devoted to discussion on issue of applicability of the notion ‘law policy’ to the international law and the international legal system. Much attention is paid to comparison between such notions, as law policy, politics of international law, progressive development of international law. Author analyzes the international law policy as an objective international legal phenomenon, showing its aims and subject structure. Article gives proof of conclusion that the conception of international law policy should be based not only on giving a more precise definition of international law nature but also on analysis of current problems of international law development closely associated with fragmentation of the latter.
Russian Journal of Legal Studies (Moscow). 2015;2(2):63-72
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The modern concept of public power
Chirkin V.E.
Abstract
This article discusses the use of the term public authority in the legal literature, the origins of the term, existing views, discussion approaches. Based on the proposed collectivist-willed concepts of power and on the analysis of the hierarchy of socioterritorial interests the author identified various kinds of territorial public communities (collectives), which are social sources of public power at different levels from the bottom to the top. Using the structural-functional, logical, comparative and other methods of learning, the author proposes to distinguish between five types of public power, highlighting the sovereign state power among them. In accordance with the kinds of public power the classification of organizational forms -territorial public legal entities is suggested, their features are pointed out.
Russian Journal of Legal Studies (Moscow). 2015;2(2):73-81
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Theory and practice of democracy
Kerimov A.D.
Abstract
In this paper, the author does not seek to idealize democracy, considering it solely through the prism of its inherent qualities, advantages and benefits. On the contrary, it aims to reveal the vices and defects, immanent and inherent in the democratic process for a priori formation, organization and functioning of the government and the respective ideology. In the final part of the article outlines some of the possible ways and forms to overcome identified shortcomings.
Russian Journal of Legal Studies (Moscow). 2015;2(2):82-91
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The new understanding of modern democracy
Vasiliev A.V.
Abstract
The issues of democracy as rule of people are discussed in the article, the democracy of the ancient Greek state Athens (polis) is discussed, wherein rule of people and democracy really existed, indicated the situation. The issues of democracy in the conditions of monarchial and republican government are further discussed.Some proposals on the modern democracy improvement are developed in the article.
Russian Journal of Legal Studies (Moscow). 2015;2(2):92-96
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Modern approaches to the theoretical substantiation of protection of state sovereignty
Krasinski V.V.
Abstract
In article the actual threats to the state sovereignty and the mechanisms of its easing and blasting are considered. The author analyzes the destructive activities of antistate forces for easing and blasting the state sovereignty and proves the necessity of protection of the state sovereignty.
Russian Journal of Legal Studies (Moscow). 2015;2(2):97-112
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Concerning Legal Progress As a Philosophic-Legal Problem
Zakhartsev S.I., Sal’nikov V.P.
Abstract
Authors of this article are from the first scientists who devoted their works to legal progress and its content. Legal progress is analyzed from philosophic and philosophic-legal positions. On the basis of implemented research, authors formulated criteria of legal progress.
Russian Journal of Legal Studies (Moscow). 2015;2(2):113-121
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The duality in the understanding of the modern criminal policy
Shultz V.L., Bochkarev S.A.
Abstract
The article examines the level of understanding of the moderators (scientists) and operators (practitioners) of the criminal law as an indicator reflecting the state of this branch of law. Diagnosed subjects of criminal-legal monitoring in their assessments of the state of law and order are at opposite positions on critical remote from each other a distance. In this regard, posed and investigated the question of whether their differences are the result of basic differences in point of view or they prove that between the parties to the controversy there is nounderstanding.Accordingtotheresultsstatedthat«split»inuntreatableandinter-sectoralviewsonthestateofthecurrentcriminallegal procedure due to the fact that monitoring tools are based on the relativistic attitudes that lead to paralysis of the activity of judicial bodies.
Russian Journal of Legal Studies (Moscow). 2015;2(2):122-133
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The conceptual approach to the construction of the new Penal Code
Aistova L.S.
Abstract
The article identified and analyzed the legal shortcomings of the design standards of the Criminal Code. It is noted that one of the main reasons for failure of active development of the Criminal Code is the lack of a conceptual approach. The author comes to the conclusion that the development of fundamentally new Criminal Code with all well-established methodological principles and requirements of legal technique.
Russian Journal of Legal Studies (Moscow). 2015;2(2):134-144
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About the concept of fault in the composition crimes against human health
Rastoropov S.V.
Abstract
In the process of investigating crimes against health che Rights accused the entity charged with the result that a truly-sti stemmed from his actions. At the same time with the subjective side of the knowledge required them to advance, in particular, and the result which came. Acting with undetermined intent, the subject is himself of this opportunity, as it were, in general, not specifically singling out in your mind from the weight of the possible results of this occurred as a result of reality. Such a complex concept of intent for crimes against human health needs to develop special rules qualifications of the kind of abuse.
Russian Journal of Legal Studies (Moscow). 2015;2(2):145-152
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The problem of the legislative sentence to the death penalty in russia in the context of international obligations
Ivanov A.V.
Abstract
Legislative Sentence to the death penalty as an exceptional measure of capital punishment and its relation to the right to life have been a subject of public discussion for a long time, and nowadays they are topical ones for every civilized state.The International law prohibits the use of capital punishment by a country because the death penalty is the ultimate cruel, inhumanand degrading punishment as well as because the legislative Sentence to the death penalty is contrary to the basic principle of respectfor human rights and fundamental freedoms including the recognition of an absolute right to human life.One of the essential conditions for invitation of Russia to the Council of Europe has been the legislative Sentence for the abolition ofthe death penalty, but Russia still has not ratified Protocol No. 6, and has not taken action on the absolute refusal of the death penalty,so the problem of the Sentence to the death penalty as a capital punishment, continues to be topical more than ever.
Russian Journal of Legal Studies (Moscow). 2015;2(2):153-161
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Criminal procedure policy and criminal procedure law
Shadrin V.S.
Abstract
The author examines the concept, importance and key aspects of penal policy, as an integral part of the criminal policy of the state. Explains the meaning of penal policy and its role in shaping modern criminal procedure law.
Russian Journal of Legal Studies (Moscow). 2015;2(2):162-165
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Modern trends of development criminal procedure legislation in the light of a fair criminal policy of the state
Timoshenko A.A.
Abstract
In the article the author considers the problems of reforming the criminal procedure legislation in Russia and relates them to the criminal policy of the state. Special attention is given to such bills as the concepts of objective truth and the investigating judge, as well as issues of humanization of the criminal procedure law.
Russian Journal of Legal Studies (Moscow). 2015;2(2):166-173
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The Institute of Specialized Investigating Judges: On the Discussion of Vectors of the Legislative Will
Kovtun N.N.
Abstract
The author gives the analysis of objective reasons that create the need for the criminal procedure doctrine, the legislator and the state authority to organize the institute of specialized investigating judges in criminal court proceedings of Russia, designed to perform the complex of jurisdictional and, partly, investigative functions.
Russian Journal of Legal Studies (Moscow). 2015;2(2):174-183
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To the problem of social control over the activities of the courts (the modern realities and experience of organization of Russian medieval court)
Dyachkova A.I.
Abstract
In this article we turn to the important problem of control over the activity of courts. Currently in the society remains dissatisfaction with the functioning of the Russian judicial system. The historical example of the author shows the importance of the participation of the representatives of the public (people) in the administration of justice. The further development of the legal tradition is an important guarantee of a fair trial.
Russian Journal of Legal Studies (Moscow). 2015;2(2):184-187
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Modern corporate law in modernization of civil legislation on legal entities
Fokov A.P.
Abstract
The author of the article covers the main issues of corporate law in the modernization of civil law legal entities, institutions of comparative analyzes of corporate law, legislative support of legal entities in the country and abroad, predicts the development prospects of the domestic corporate law in today’s economy.
Russian Journal of Legal Studies (Moscow). 2015;2(2):188-194
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Protection of cross-border trafficking of intellectual property in the context of the economic and legal integration of the Russian Federation
Inshakova A.O.
Abstract
The article is devoted to legal analysis of qualitative renewal of existing civil law regarding the protection of intellectual property rights and means of individualization associated with the modernization of the economy and legal system of the Russian Federation, its entry into international organizations such as the Council of Europe, the EurAsEC Customs Union, WTO. International uniform standards for protection of intellectual property, taking into account the growing «immensity» of their turnover, and the risks associated with the misuse of their use, including for the purpose of infringing competition and monopolize the market, pay close attention to the institution of a national legislator exclusive right to the products of creative activity. In order to assess compliance with international standards such updated provisions of the Russian civil law the analysis of foreign legislation, jurisprudence and doctrine. The author’s evaluation of common internationally recognized approaches and standards for the creation, registration and use of the results of intellectual activity, legal protection, commercialization and protection of the rights to them, requiring reflection in a national legal reform also takes into account the active development of globalization and building a global information society.
Russian Journal of Legal Studies (Moscow). 2015;2(2):195-203
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Turn as a legal phenomenon
Korjakin V.M.
Abstract
Deals with theoretical and practical aspects of the concept of “turn” and its legal regulation.
Russian Journal of Legal Studies (Moscow). 2015;2(2):204-209
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Realization and protection of the rights of workers as fundamentals of legal policy in the sphere of work
Almaeva Y.O.
Abstract
In legal democratic society the state is urged to define and protect the rights and legitimate interests of citizens, to ensure a law and order, safety of citizens, including in the sphere of the social and labor relations. Therefore providing the labor law of workers was and remains to one of the priority directions of legal policy of the state.
Russian Journal of Legal Studies (Moscow). 2015;2(2):210-215
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Local government or local arbitrariness: on the setting of priorities for the municipal community
Maksimov A.A.
Abstract
Local government is a form of self-organization of citizens for the purpose of addressing issues of local importance in the interests of the population. Key elements of this process - socially active, concerned the responsibility of local community. Based on the practice of the electoral process, electoral behavior in the municipal elections little activity. Based on the current situation has been suggested that this passivity is caused by the legislative authority disabilities and the population on issues of local importance, especially in terms of his participation in the work of local governments. System formulated proposals to expand the share of participation in the work of local governments, as well as subject to analysis and evaluation of the individual elements of the local government reform in 2014.
Russian Journal of Legal Studies (Moscow). 2015;2(2):216-219
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Selectivity as the substitution principle the post of head of the subject of the Russian Federation
Malyi D.A., Sakhieva R.A.
Abstract
In article one of the basic principles of replacement of a post of the head of the subject of the Russian Federation is considered. The principle of electivity reflects democratic essence of the organization public authority. The content of the principle of electivity is investigated through analysis of decisions of the Constitutional Court of the Russian Federation and current legislation.
Russian Journal of Legal Studies (Moscow). 2015;2(2):220-224
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Election program and modern information technologies - the necessary element of informing voters
Reut D.A.
Abstract
In recent years interest of voters in elections considerably fell. People don’t participate in elections for various reasons, one of which - a surplus on elections of information of various look in combination with absence of objective and full information on candidates. Qualitatively new value in these conditions gets informing voters from election commissions. Only at observance of the conditions dictated by the constitutional principles of the democratic state, the sovereignty and democracy defined, established by the law, information will be the legal tool providing such necessary lines of electoral process as freedom and sensibleness of a choice, equality on participation in elections and publicity, and in a result and legitimacy of the elected power.
Russian Journal of Legal Studies (Moscow). 2015;2(2):225-233
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The evil and crime: moral and legal dimension
Kerimov A.D., Halipova E.V.
Abstract
The article, in fact, a response to the ideas contained in the monograph A.I.Aleksandrova "evil philosophy and the philosophy of Crime (questions of philosophy of law, criminal policy and criminal procedure)." Readers are invited to meditation, inspired by philosophical and legal views A.I.Aleksandrova on such fundamental issues as the understanding and the ratio of good and evil crimes and atrocities, socially approved, lawful and unlawful conduct, political and moral responsibility of the government of the state of affairs in the field of the fight against crime, the intrinsic value of education, education and education not only youth, but also all citizens of the state of organized society, and others.
Russian Journal of Legal Studies (Moscow). 2015;2(2):234-241
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