Vol 2, No 4 (2015)

Articles
Positivistic legal thinking in jurisprudence, practice and everyday life of modern Russia
Baranov P.P.
Abstract
The article analyzes the problem legistskogo positivism as a form of legal positivism. Illustrates the history and development of this type of law, specifically investigated the question of the historical roots of legal positivism in Russia. The characteristic of the main features of legistkogo positivism. Investigated its distribution in jurisprudence, law-making and law-enforcement activities in Russia.
Russian Journal of Legal Studies (Moscow). 2015;2(4):7-14
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Stability of the legal phenomenon in the context of legal values: conception, features, the ways of the achievement
Milinchuk D.S.
Abstract
The legal phenomena’ stability, its main features and the ways of reach legal system stability are researched in this article. We propose to enact «the lack of conflicts of law» concept in legal terminology.
Russian Journal of Legal Studies (Moscow). 2015;2(4):15-19
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Basic values of the slavophil’ concept of right
Andreev N.J., Kanishhev V.P.
Abstract
There is qualification of slavophil’ concept of right’ basic values in this article. With an analyzing different slavophils’ views, authors come to conclusion that these thinkers preferred Russian nation community, responsible government, that efforts to find common purpose, and Orthodox as summation of moral imperative.
Russian Journal of Legal Studies (Moscow). 2015;2(4):20-27
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Russian legal archetype: essence and contents
Skorobogatov A.V., Krasnov A.V.
Abstract
Article is devoted to research of the Russian law archetype as complex category of jurisprudence. On the basis of legal-anthropological methodology in article it is proved that the images of the state, the legal (law) and the power existing in the Russian law archetype are based on traditional values. Transformation of these values is capable to lead not only to distortion of traditional ideas about the state and law phenomena and a collision between the official legal and individual and group law consciousness, but also generates negative attitude of the individual to formal ways of law rule expression (positive legals).
Russian Journal of Legal Studies (Moscow). 2015;2(4):28-33
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Ideological diversity and ideological autonomy of personality: problems of modern Russian statehood
Polyanina A.K.
Abstract
The article analyzes the content of the constitutional principle of ideological diversity and problems of its realization in modern Russia. There inextricable link with the autonomy of the ideological freedom of the individual, the need for comprehensive protection of human ideological autonomy for the development of Russian society. The author attempts to formulate the problem of the relation of ideological diversity as a basis of the constitutional system with the introduction of new vectors ideological identification of the social and legal environment.
Russian Journal of Legal Studies (Moscow). 2015;2(4):34-38
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Legal idealism in public administration as a path to legal nihilism of society
Golubeva L.A.
Abstract
The article examines the legal idealism as a form of deformation of legal consciousness, reveals the significance of the sense of justice to implement the law. Define the consequences for society in the case of the existence of legal idealism at the state level.
Russian Journal of Legal Studies (Moscow). 2015;2(4):39-42
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Basic values of the Russian civilization as the basis of the Russian Constitution
Grachev N.I.
Abstract
This article deals with a conflict between Occidental civilizational values and the Russian ones which serve as political and legal fundamentals of the active Russian Constitution. An attempt is made to subtotal Russia’s constitutional evolution over the years which have passed since the Constitution of the Russian Federation was adopted in 1993. The condition of the country’s political and legal system is analyzed in a critical manner. Main courses of constitutional development of the Russian State and society are defined on the basis of sociocultural values which are traditional for Russia and its citizens.
Russian Journal of Legal Studies (Moscow). 2015;2(4):43-50
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Specially-legal features constitutional responsibility
Lipinskiy D.A.
Abstract
The article deals with the functioning of the constitutional responsibility. The specifics of the author’s approach is to study the functions of the constitutional responsibility based on its broad understanding, including both positive and negative aspects of the implementation. It is proved that having a positive aspect determines the existence of the constitutional responsibility of the regulatory function. Analyzed punitive, preventive, restorative function of constitutional responsibility. Particular attention is paid to the sanctions of the constitutional responsibility as one of the ways to implement its punitive function. Draws attention to the need to distinguish between constitutional sanctions involving sanctions and measures of protection as are measures of constitutional responsibility not. Conclusions about the subjects, objects, and how to implement each of the functions of constitutional responsibility.
Russian Journal of Legal Studies (Moscow). 2015;2(4):51-61
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The use of pacta sunt servanda principle during human rights and liberties protection
Ivanov A.V.
Abstract
The important circumstance during the protection of human and citizen’s rights and liberties is usage of international law and opportunities of UNO international mechanisms. International treaties play a special role among generally recognized international law principles, the significance of these acts is huge and it’s hard to overestimate nowadays. International treaties have a great influence on national legislation and jurisprudence. The effectiveness of any international act depends on conscientious adherence of assumed international obligations by all members (the observance of pacta sunt servanda principle) and also conscientious fulfillment of international organs’ decisions by national authority.
Russian Journal of Legal Studies (Moscow). 2015;2(4):62-68
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Requirements to the Appeals to the Сonstitutional Сourts of the European states
Nuriev G.H.
Abstract
The author proceeds from the fact that the activities of the constitutional review of the European states can and should be viewed as a form of justice. However, the constitutional proceedings in comparison with the classics have a number of unique features. One such feature is linked with the requirements to apply to the Constitutional Courts and grant consideration.
Russian Journal of Legal Studies (Moscow). 2015;2(4):69-72
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Axiologycriminal law: introduction to the topic and problems of its formation
Bochkarev S.A.
Abstract
The author draws attention to the negative results achieved by the science of criminal law while following in the development of his theory on desexualizes way. The article considers and proves the possibility and usefulness of axiological approach with knowledge of the criminal law.
Russian Journal of Legal Studies (Moscow). 2015;2(4):73-80
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The values and anti-values of the shadow economy
Panchenko P.N.
Abstract
The article analyzes the risk of criminal manifestations of the shadow economy, and shown their devastating effects not only on the legal economy, and through it - on politics, social sphere, culture and law. The conclusion is, that due to the significant weakening of this reason, economic, political, social, cultural and legal institutions, the focus in overcoming the criminal manifestations of the shadow economy must be made solely on the still healthy segments of the economy, politics, social, cultural rights.
Russian Journal of Legal Studies (Moscow). 2015;2(4):81-92
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On juvenile crime and the concept of juvenile criminal policy
Valuyskov N.V.
Abstract
Examines concepts, status, trends, key factors of juvenile delinquency and juvenile criminal policy. This article uses the results of the author in 2010, and 2013 surveys of experts including researchers and teachers of criminal law and criminology, Federal statistics juvenile crime and crimes committed against minors, the content analysis of state reports on the situation of children in the Russian Federation. Introduces and justifies the proposal to adopt the Concept of juvenile criminal policy and the establishment of the State Commission on juvenile Affairs under the President of the Russian Federation.
Russian Journal of Legal Studies (Moscow). 2015;2(4):93-100
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Punishable water pollution: act or consequence?
Tymoshenko Y.A.
Abstract
On the basis of the analysis of legislative structures of the Criminal Law, stipulating the responsibility for the pollution of waters, the provisions of sectoral legislation, as well as the court practice, it is concluded that the term «pollution» in Art. 250 of the Criminal Code used to describe the act, whereas Articles 246, 247, 257 of the Criminal Code - socially dangerous consequences. The use of this approach in the design of criminal prohibitions when the same term is used in the description of how to act, and the consequences, creates many difficulties for law enforcers. To resolve these discrepancies need to make changes, so that in accordance with the rules of legislative technique to adjust the articles of the Criminal Code.
Russian Journal of Legal Studies (Moscow). 2015;2(4):101-106
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Actual Qualification Problems of Sexual Crimes: the Limits of Judicial Interpretation
Miliukov S.F., Stepanova O.Y.
Abstract
This article presents a critical analysis of postmen of the Plenum of the Supreme Court of the Russian Federation «On judicial practice in cases of crimes against sexual inviolability and sexual freedom of the individual». The authors point out the limitations of WHO- judicial interpretation opportunities due to serious structural under-STATCOM relevant criminal law and suggest ways to improve them.
Russian Journal of Legal Studies (Moscow). 2015;2(4):107-113
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Anti-corruption legal consciousness in the formulation and implementation of anti-corruption policy of the Russian Federation
Gasparjan G.S.
Abstract
In today’s Russian society, the problems detection and suppression of corruption offenses has become a priority in scales of all country. In this article describes some methods of forming anti-corruption sense of justice and their realization in practice within the programs developed in compliance with the National plan of counteraction of corruption in Russia.
Russian Journal of Legal Studies (Moscow). 2015;2(4):114-120
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Res Judicata of the Reformed Russian Cassation
Kovtun N.N.
Abstract
In the article the author analyzes the conformity of the new cassation proceedings in Russia with the fundamental principle of res judicata, consequences that derive from this principle and announced aims of the reform, that was realized by adoption of the Federal Law № 433-FZ of December 29, 2010.
Russian Journal of Legal Studies (Moscow). 2015;2(4):121-130
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Institute investigating judge to the theory of the «lesser evil»
Tymoshenko A.A.
Abstract
The article estimates the prospects of the introduction of Russian Institute of investigating judges. Along with the assessment of current proposals to reform the criminal procedural law, in relevant part, the author is invited to consider the very feasibility of creating a new form of judicial control over pre-trial proceedings. It is proposed to consider the essence of criminal procedural law, its purpose as the establishment of «rules of the game» in criminal proceedings. It is noticed that exhaustively for the law to all possible practical situation is impossible, and the law itself may become a formal justification for malfeasance. Therefore, to avoid the appear- ance of unlimited repression of the state is necessary to disseminate the legal mechanism for binding rules of morality. As well as the activities of the judicial and law enforcement is not only connected to social and justified response to the crime, but also to damage (or «lesser evil» (greater evil - the consequences of the offense)) the interests of a particular person, subject to criminal liability is required to establish unspecified restrictions for the officials concerned. Therefore, the author answers the question of the admissibility of the institute investigating judges by addressing the possibility of establishing for the judge personally responsible for the prospects which began with his participation prosecution.
Russian Journal of Legal Studies (Moscow). 2015;2(4):131-136
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Directive of the European Parliament and of the Council of the European Union on the participation of victims of crime in criminal proceedings
Kamchatov K.V.
Abstract
The author, a systematic analysis of provisions of directives of the European Parliament and of the Council of the European Union, including the procedural arrangements for the participation of victims in criminal proceedings. On the basis of a comparison of the provisions of the directives, norms of Russian criminal procedural legislation and practice of its application are given suggestions about the directions of development of legal doctrine access of the victim to justice.
Russian Journal of Legal Studies (Moscow). 2015;2(4):137-144
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The modern condition of Rehabilitation Institute in Russian Criminal proceeding Law
Chursin A.A.
Abstract
The article is about condition of Rehabilitation institute in Russian Criminal Proceeding Law nowadays. In the article are represented serious faults of basical therms & definitions, which regulate the institute of Rehabilitation in Chapter 18th of Russian Criminal Proceeding Law.
Russian Journal of Legal Studies (Moscow). 2015;2(4):145-149
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The space of lifestyles
Sibarov K.D.
Abstract
The paper proposed a new two-dimensional representation of the diversity of lifestyles of people living within the same society, an integral part of which is mature organized crime. The conditional title of the horizontal axis - «the intellect»; the vertical axis is«unite for good» - «unity for the sake of evil». On the plane defined by these axes is allocated 8 areas with conditional ahistoric names lifestyle: «ordinary people», «community members», «Guardians of people», «reasonable», «freedom lovers», «collective parasites», «collective predators» and «dropouts». Considered the interaction and confrontation between the representatives of these different lifestyles.
Russian Journal of Legal Studies (Moscow). 2015;2(4):150-155
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Budget and legal property relations of the formation of budget revenues
Paul A.G.
Abstract
Article discusses relationships that provide budget revenues formation. Author researches frameworks of the budget relationships, their subjects, analyzes legal regulation of them.
Russian Journal of Legal Studies (Moscow). 2015;2(4):156-160
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About limits in tax process
Mardasova М.Е.
Abstract
This paper is devoted tax procedural time limits, acting on the present stage of development of the Russian tax law. The author offers a general description of these limits and discusses their main distinctive features.
Russian Journal of Legal Studies (Moscow). 2015;2(4):161-166
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The concept and features of legal facts in the tax law
Krasiukov A.V.
Abstract
The paper studies the legal facts in the tax law. The author based on the achievements of the theory of law allocates particular legal facts in the tax law and gives their concept.
Russian Journal of Legal Studies (Moscow). 2015;2(4):167-174
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The possibility of qualifying foreclosure of the mortgaged real estate as secondary rights
Bocharnikova K.V.
Abstract
The question about a possibility of considering of a foreclosure of the mortgaged real estate as an entitlement to unilateral action is raised in the article. The complexity and diversity of the legal nature of the foreclosure of the mortgaged real estate is noted. The author of the article analysis the features of the entitlement to unilateral action existing in the law doctrine and gives researchers points of view and basic concepts of the entitlement to unilateral action. The author’s own position whereby the foreclosure of the mortgaged real estate can’t be considered as an entitlement to unilateral action is expressed and defended. The thesis about a possibility of violations of the right of the foreclosure of the mortgaged real estate by a third party is grounded.
Russian Journal of Legal Studies (Moscow). 2015;2(4):175-180
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The contract purchasing system: the concept and the development prospects
Konysheva T.А.
Abstract
This article is revealed the idea of the contract system and also the essence and the necessity at the present time. The urgency of the topic is connected with the changing of legislation in the sphere of procurement of goods, work and services for the state and municipal needs. The performed work allows us to make a conclusion about the significant effects of the contract system on the activity of the state agencies and juridical person.
Russian Journal of Legal Studies (Moscow). 2015;2(4):181-184
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Access to justice in civil cases at magistrates
Koshheeva E.S.
Abstract
In the present article discusses the availability when accessing a magistrate in terms of optimizing the proceedings in civil cases. The author establishes the need to simplify the judicial proceedings of civil cases and outlines the main directions of further development of the judicial proceedings of civil cases by magistrates.
Russian Journal of Legal Studies (Moscow). 2015;2(4):185-190
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Freedoms of work as value of the right and consequence of its realization
Chikireva I.Р.
Abstract
In article it is noted that freedom of work defined by the Constitution, had direct impact on development of variety of forms of application of work. The greatest volume of privileges and guarantees is provided for the citizens which activity is issued by the service contract and the employment contract, minimum - for the persons working on the contract of civil character. Problems of legal regulation of the atypical labor relations, work of loan and remote workers, psychological prosecution at («mobbing») work are considered. If the atypical labor relations are actually issued by the civil contract, possibility of recognition their labor on the basis of article 11 of the Labour code is minimum. The constitutional freedom of work affected that the labor relations became more flexible, having changed and quantitatively (by types), and is qualitative (on signs, subjects, object and the contents), but changes have to take place in the certain limits caused by socially directed purposes and tasks of the Constitution and the labor legislation.
Russian Journal of Legal Studies (Moscow). 2015;2(4):191-196
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The dismissal of the officials of the Russian Federation in connection with the loss of confidence (issues of organization of individual law enforcement)
Firsova O.A., Slinkova L.A.
Abstract
The article focuses on some issues of legal regulation gaps and relevant problems of enforcement of legal liability of persons holding public positions of the subordinate entity of the Russian Federation for corruption offenses in the form of dismissal for the loss of confidence.
Russian Journal of Legal Studies (Moscow). 2015;2(4):197-202
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