Vol 2, No 2 (2015)

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.