Vol 2, No 3 (2015)

Articles
The value of law in post-classical measurement
Chestnov I.L.
Abstract
The author shows the limitations of the classical understanding of the value of the right. Post-classical methodology is a new dimension of law and its values. The value of the rights is constructed of the power of discursive practices. At the same time the value of the right is its social purpose. It is to ensure the proper functioning of society.
Russian Journal of Legal Studies (Moscow). 2015;2(3):7-17
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The non-classical rationality and the problem of legal values
Romanovskaya V.B., Zhdanov P.S.
Abstract
This article touches upon the problem of legal values’ substantiation an the transitional periods of cultural evolution. Particularly, the situation of legal conscience’s crisis at the beginning of 20th century is analyzed. The reasons of mentioned crisis are linked with the decay of the modern era’s culture, which determined the worldview preconditions of new European legal tradition and respective system of legal values. Then authors make the overview of legal conceptions of Russian scientists, which approached to the problem of legal values’ substantiation from the standpoints of non-classical rationality: L.I. Petrazycki, N.N. Alekseev, I.A. Ilyin,B.P. Vysheslavtsev, N.A. Berdyaev, S.L. Frank. They conclude, that the problem of legal values was considered by the mentioned authors in the framework of research of the act, in which subject perceives the values. Such an approach determined special attention to a subject and his self determination in the area of legal values.
Russian Journal of Legal Studies (Moscow). 2015;2(3):18-23
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Social normativity: public relations principle of morality and law
Katsapova I.A.
Abstract
The article analyses the actual problem of identifying the normative structure of the system of social relations. The author examines the social standard through the prism of the relationship of law and morality in public space. Justified the distinction between social and legal nomativnostyu. And specifies the types of social relations, and also reveals the meaning of the principle of institutional and interpersonal communication.
Russian Journal of Legal Studies (Moscow). 2015;2(3):24-34
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Legal values and a sense of law
Gavrilova Y.A.
Abstract
The article is devoted to the problem of semantic search epistemological status of legal values in General conceptual and categorical apparatus of legal science. The author’s view of a legal value from the point of view of the General semantic theory as the basic systemforming element of the meaning of law and the legal object of meaning. This creates prerequisites for the detection axiological components in different types of legal consciousness, Federal and regional legislation, in the system the most important types of legal practice. Consideration of legal values in a broad interdisciplinary context allows under the special directions of legal axiology, to combine the positive achievements of the Humanities and the specificity of the law in doctrinal views on the main problems of the theory of law.
Russian Journal of Legal Studies (Moscow). 2015;2(3):35-39
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The teachings of the law: the practical value
Lukyanova E.G.
Abstract
The article attempts to show the role of the social doctrine of, for example, of the doctrine of the law, in the development of state and society. Shows critical and constructivist potential of formal and substantive conceptions of the law, developed in the Russian law
Russian Journal of Legal Studies (Moscow). 2015;2(3):40-45
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How does the evaluation categories of the legislation affect on the law enforcers of justice
Kovalenko K.E.
Abstract
The relevance of the research topic due to the theoretical and practical significance of the requirements of reasonableness in solving issues of law and the development of organic elements of the legal system of the Russian society. The level of legal culture of society depends not only on the state of quality of its individual elements, but their consistency, correspond to each other. Provide reasonable legal regulation is one of the important directions of legal reform becomes a problem of legal science in general, requires a comprehensive research. These issues have not received a separate study on monographic level.
Russian Journal of Legal Studies (Moscow). 2015;2(3):46-51
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About particular purpose (aspects) regulation influence of standard legal acts
Uvarov A.A.
Abstract
The article considers problems legal creative work with point of view purpose influence of standard legal acts for regulation social relations. Side by side with common and special purposes legal regulation, the author of the real work distinguish particular purpose, connected with decision institutions tasks legal regulation. Among such tasks legal regulation examined as the same, as: strike off corruption, removal groundless difficulties keeping employ of a business and employ of a deposit, assistance development of local self-government. Standard legal acts established method conduct of standard control with the purpose of reveal corruption elements and itself mechanism removal corruption factors, in author opinion, are need of improvement. Proposed improvement and unify order acts difference level public power relatively to employers with purpose provision propitious conditionals realization its function. En the time of regulation order of decision social, economic and others questions of municipal formations, legislative defective stimulate development real local self-government. En conclusion, author of the real work comes to a conclusion that many-sided legal regulation with combination of system approach let legislator adoption more effective and qualitative standard legal acts.
Russian Journal of Legal Studies (Moscow). 2015;2(3):52-59
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Imperatives of a democratic secular state are the foundation of a spiritual and moral consolidation of society
Okhotsky Y.V.
Abstract
The article explores the issues of a modern secular state, analyzes its essential features, major directions of its confessional policy, its role in molding spiritual and moral environment of a present-day Russian society. The author concludes that only consistent implementation of the principles of democracy, rule of law, morality, respect for dignity and religious feelings of man is capable of resisting the forces trying to destroy the spiritual bonds of a human community and a human personality.
Russian Journal of Legal Studies (Moscow). 2015;2(3):60-69
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Theory and practice of democracy. Part 2
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(3):70-79
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Value of the constitutional teleology and constitutional legitimacy of the political and ideological diversity (pluralism): doctrine and practice
Kravets I.A.
Abstract
The article examines the legal nature and mission the constitutional teleology, the role of teleological function of the constitution in the Soviet and modern Russian legal system, the concept and types of constitutional legitimacy, the relationship of constitutional legitimacy and political and ideological foundations of the constitutional system, the nature and limitations of the principles of political pluralism, multi-party system and ideological pluralism.
Russian Journal of Legal Studies (Moscow). 2015;2(3):80-99
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The idea of justice and the constitutional problems of welfare state
Kochetkov V.V.
Abstract
Why in the process of overcoming the consequences of the crisis are increasingly talking about the need to reject the model of the welfare state? The author believes that the bases for such arguments are real constitutional problems of theory and practice of the welfare state. However, their resolution based on the proposed in this paper axiological understanding of constitutionalism allows you to save institutions that are necessary to implement the basic values of Western civilization - freedom and justice. Only on this basis it is possible to develop a public consensus on the ways to overcome the current crisis. In addition, this first implementation, and reasonable in the Russian literature axiological interpretation of constitutionalism has, in author’s opinion, to determine the lawmaking and enforcement in the Russian Federation.
Russian Journal of Legal Studies (Moscow). 2015;2(3):100-109
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The powers of the European Constitutional Courts to hear cases on the constitutionality of regulations at the request of the courts and their corresponding features of manufacture
Nuriyev G.H.
Abstract
The article analyzes the powers of the constitutional courts of four leading European countries: Germany, France, Italy and Spain to consider cases on the constitutionality of regulations at the request of the courts, as well as the corresponding features of the production. Reveals the nature of this type of constitutional proceedings. It is proved that the adversarial principle is applied only partially, and in some cases does not apply.
Russian Journal of Legal Studies (Moscow). 2015;2(3):110-114
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«Basic Education» and «Vocational Profile» as Ideologemes of the Bologna system
Korolev S.V.
Abstract
The article deals with two unquestioned hereto terms: «basic education» and “(scientific) profile”. The author unmasks their logical incoherence and ideological bias. The target of special critique is the Bologna system of higher education with its depersonalization of education in the disguise of the battle for objectivity and fragmentation of education in the disguise of its differentiation. As a lawyer, the author favours the normativist method, which inevitably combines with the systematic analysis of the federal legislation on education. The author also applies the juridical hermeneutics as elaborated by Frederic Carl von Savigny while analysing the actual problems of the Russian higher education. Within the nascent educational law of Russia the author suggests, firstly, differentiating between the exclusive and inclusive interpretation methods. Secondly, he insists on the necessity of subjecting the eventual decision act for or against either of these methods to the rule of law imperative and the principle of the social state as anchored in the Russian constitution of 1993.
Russian Journal of Legal Studies (Moscow). 2015;2(3):115-124
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Quasi value of the modern theory of the object crime
Bochkarev S.A.
Abstract
In the light of the category of «value» analysed the main provisions of the modern theory about the object of the crime. The study showed that the theory of public relations and legal benefits based on a common ideological basis - positivism, what are their main disadvantages. Chief among them is that neither one nor the other category does not meet the requirements of legal values. Predicted that a further clarification of the definitions of these objects will not lead to the emergence of a new theory of criminal law, to its modernization. The proposals of the methodological plan for the development of the doctrine about object of a crime.
Russian Journal of Legal Studies (Moscow). 2015;2(3):125-132
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Improving criminal lawliability for environmental crimes: ideas and their legislative incarnation
Tymoshenko Y.A.
Abstract
On the basis of the analysis made to the duration of the criminal law changes to the rules on environmental crimes concluded that often the legal adjustments are haphazard and does not take into account the features of this category of crimes, as well as the real needs of law enforcement in the field of criminal legal environment environment. In addition, attention is drawn to the need to respect rules of legislative technique in the construction of the criminal law regulations, so that the newly entered or modified rules allow to effectively counteract environmental crime.
Russian Journal of Legal Studies (Moscow). 2015;2(3):133-139
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Are the criminal responsibility of modern sports gladiators
Trunov I.L.
Abstract
The article discusses possible ways to minimize injuries in sport, including the introduction of criminal liability for causing harm to life or health in sports.
Russian Journal of Legal Studies (Moscow). 2015;2(3):140-144
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A retrospective view of the evolution of the institution of the set of crimes in the criminallegislation of Russia during the Soviet period
Novikov V.A.
Abstract
The issues of the formation and development of the institution of the set of crimes in the Soviet period (1917-1991 gg.) from the position of the teachings of the crime and the doctrine of punishment are discussed in the article. On the basis of criminal legislation acted ina specified time period it is concluded that the scientific views, developed dy the criminal legaldoctrine of prerevolutionary period, were rejected by the Soviet science and legislators but had a positive impact on the further development and improvement of this institution. The notion of the ideal and the real set of crimes are disclosed in the article. The question of the degree of social danger of each type of multiple offenses is raised, which are still in the scientific literature there is no definite answer, making it the subject of debate. On the basis of the analysis of the judicial practice of the Soviet period, the reader’s attention is focused on some problematic aspects of imposing the punishment on set of crimes which remain relevant nowadays.
Russian Journal of Legal Studies (Moscow). 2015;2(3):145-150
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Justice as a valuable reference criminal process
Tymoshenko A.A.
Abstract
The author considers the problem of fairness in criminal proceedings. Based on analysis of the validity term of his philological and philosophical dimension it concluded sufficiently broad understanding of its researchers. Thus it becomes necessary to establish specific criteria for the conversion of equity into real action mechanism of regulation of criminal procedure in criminal proceedings. The most important of these is the establishment of real opportunities for citizens involved in criminal proceedings to defend their rights. This goal must be achieved not only the establishment of the legal requirements, but also the organization of the functioning of the system of authorized bodies of state power.
Russian Journal of Legal Studies (Moscow). 2015;2(3):151-157
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About stage institute criminal proceedings
Brusnitsyn L.V.
Abstract
The article considers the problem, requiring a permit to stage a criminal case, and the shortcomings of the normative expression of this problem in the Criminal Procedure Code of the Russian Federation; also addresses certain aspects of authority in this stage of the inquiry under departmental acts of the Russian Federation Prosecutor’s Office, shows the need to bring those acts into line with the Criminal Procedure Code of the Russian Federation.
Russian Journal of Legal Studies (Moscow). 2015;2(3):158-161
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Criminal procedure policy and criminal procedure law. Part 2
Shadrin V.S.
Abstract
Тhe 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(3):162-166
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Cultural and legal value of the European penal systems study
Teplyashin P.V.
Abstract
The article reveals the importance of the method of comparative law and international legal standards in the cultural enrichment of the national legal penal system, consolidating the idea of the priority of human rights, and historically proven forms of treatment of prisoners. It is proposed to carry out the classification and typology of European penal systems that can detect the appropriate place of the Russian penitentiary system in these groups and to form an adequate idea of the domestic laws of the penal practice. Substantiates the importance of establishing an adequate legal framework for coordination and cooperation of national penal authorities. It makes a number of conclusions about the specific laws of the development of the domestic model treatment of prisoners in a study of theoretical aspects of European penal systems.
Russian Journal of Legal Studies (Moscow). 2015;2(3):167-174
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The right to a healthy environment: social purpose, content and protection
Danilova N.V.
Abstract
In the hierarchy of ecological and legal norms to ensure the right to a healthy environment it serves not just one of the principles of legal regulation in the field of environmental protection, but defines the ultimate goal, the social purpose of the industry of environmental law. Along with other global human rights the right in question acts as an indicator of the quality of human life. Analysis of the content of the right to blagopriyanuyu environment leads to the conclusion that the positive law, it is not a form of subjective rights and the legally protected interest. Therefore, it is sufficient to describe the characteristics of only the very good - the right to object, which is the favorable environment, its speakers, as well as ways to remedy.
Russian Journal of Legal Studies (Moscow). 2015;2(3):175-180
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Provision of the balance of interests between workers and employers as a value of labor law
Zaitseva L.V.
Abstract
Provision of the balance of interests of workers and employers should be considered both as the objective of labor law and as the moral value of labor relations. Balance of the interests of the main subjects of labor law is provided by the means of continuous improvement of labor legislation, as well as through the use of various forms of social partnership, the contractual regulation of work practices and procedures of conciliation in the settlement of labor disputes.
Russian Journal of Legal Studies (Moscow). 2015;2(3):181-185
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Legal ideal and legal vacuum: the question of the legal protection of workers from psychological violence in Russia
Kursova O.A., Pluzhnik I.L.
Abstract
The article is devoted to the issues of legal regulation and resistance against psychological abuse at the workplace within Europe, the USA and Russia. Special attention was paid to the matters connected with the adaptation of the legal mechanisms stipulated in the Russian legislation, to the system of protection from psychological abuse at the workplace.
Russian Journal of Legal Studies (Moscow). 2015;2(3):186-195
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Perspectives of development of conception of international law policy. Part 2
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(3):196-204
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