Vol 3, No 1 (2016)

Articles
Revolutionary upheavals destroy the right
Naryshkin S.E.
Abstract
Revolutionary upheavals destroy the right
Russian Journal of Legal Studies (Moscow). 2016;3(1):7-8
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The threat of extremism and the role of the Investigative Committee of the Russian Federation in ensuring legal stability
Bastrykin A.I.
Abstract
The article identifies the threat of extremism and the role of the Investigative Committee of the Russian Federation in ensuring legal stability
Russian Journal of Legal Studies (Moscow). 2016;3(1):9-14
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"Soft power" with hard consequences
Kosachev K.I.
Abstract
The article, based on modern international experience identified the negative impact of color revolutions
Russian Journal of Legal Studies (Moscow). 2016;3(1):15-20
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The stability of political systems in the conditions of developing crisis
Yakunin V.I.
Abstract
The article identifies indicators and criteria of sustainability of political system in conditions of developing crisis
Russian Journal of Legal Studies (Moscow). 2016;3(1):21-31
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Legal immunities of «color revolutions»
Lisitsyn-Svetlanov A.G.
Abstract
In the XX century developed recognized with mandatory nature of international legal principles designed to protect the state and the people from external threats. The effect of these principles related to the problem of human rights that are guaranteed by several international conventions. Proclaimed in international instruments of human rights are based on the understanding of universal humanism. European understanding of human rights could claim leadership, but the events of recent decades suggest that the West European approach does not become a model for the rest of the world. The peoples will inevitably put in this concept the content of which reflects the peculiarities of national traditions, as well as more general civilizational identity. The practice indicates that the thesis of human rights violations is often used as a pretext for interference in the affairs of sovereign states, the method of intervention are the «color revolutions». Declarative support for democracy becomes a violation of the basic principles of international law of noninterference in the internal affairs of a sovereign state, the principle of sovereign equality of States, etc. The autonomous status of Russia objectively gives rise to the problem of building its relations with other states. It is necessary to strengthen the national legal system as the guarantor of national sovereignty, ensure its interaction with international law and foreign legal systems. It seems appropriate to highlight those areas of national regulation, which are able to enhance the immunity of the state to export a «color revolution».
Russian Journal of Legal Studies (Moscow). 2016;3(1):32-36
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The revolutionary dimension of the right of integrity
Shultz V.L., Bochkarev S.A.
Abstract
In this article we find the point of contact between revolution and law. It is determined that the epicenter of their correlation is concentrated in the phenomenon of integrity, which advocates for the rights of fundamental value, and for revolution is key antivalues. Examples of global, regional and local scale demonstrated that modern ideas about the legal-political wholes are in crisis. For prediction it is suggested to consider the revolution as an indicator of stability of political and legal system and effective methodological tool for the measurement of its integrity. Which touches upon the subject of the integrity of the theory and its status in domestic science. Identified error theory, the main of which consists in mixing and substitution of the category of «integrity» phenomenon« systematic » . The necessity of recourse to anthropological image of man as the source of true beliefs about the integrity of law.
Russian Journal of Legal Studies (Moscow). 2016;3(1):37-48
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Provocations and «color revolutions»
Dmitriev A.V.
Abstract
The article deals of the problem of technology provocations in the conflict interaction. Defined the concept of provocation as the impelling action of one party against another. The evolution of the theory of nonviolent resistance. The author provides an environment conducive to the emergence of «color revolutions», as well as preventing their appearance.Keywords: conflicts, violence, non-violent resistance, «color revolutions», provocation.
Russian Journal of Legal Studies (Moscow). 2016;3(1):49-53
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Revolution from the perspective of the post-classical legal theory
Chestnov I.L.
Abstract
The author analyses revolution as a politic-legal phenomenon. Concept of revolution from the perspective of the post-classical methodology is imbuing with new content. Concept of revolution today is a social image, which is constructed by the autocratic politic-legal discourses and has negative population perception.
Russian Journal of Legal Studies (Moscow). 2016;3(1):54-64
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The right of insurrection and «color» revolutions in the modern world
Romanovsky G.B.
Abstract
The article examines the right to revolt as one of the elements of the collective rights of citizens stipulated by international documents. We consider the consequences of the «color revolutions» that have occurred in the last two decades. Conclusions on the political context of any revolutionary movement.
Russian Journal of Legal Studies (Moscow). 2016;3(1):65-72
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Soft power and coloured revolutions
Naoumov A.O.
Abstract
In recent years one of the most actual issues among Russian scientists and politicians was the topic of the Coloured Revolutions. The questions of transformation of political regimes in Serbia, Georgia, Ukraine, Kirgizstan, Egypt and Tunisia during 2000- 2014 years are revealed in the article. The article provides an overview of the Western technologies of soft power and non-violent struggle using in the Coloured Revolutions. The author argues that «revolutionists» were unable to provide the formation of stable democratic regimes and the consequences of these events, internal and external, have not approved the aspirations of the people of these countries.
Russian Journal of Legal Studies (Moscow). 2016;3(1):73-86
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Balance and unbalance as categories of law reality: systematic and synergetic approach
Shugurov M.V.
Abstract
The article is devoted to conceptual understanding the phenomena of law balance and unbalance. Author pays much attention to methodological aspects of using of these categories in the current legal science. The synergetic approach to the law is marked out in the kind of an initial format of using of these notions. There is emphasized the particular importance of analysis of law unbalance and its causes, forms, types, consequences. Author underlines the increasing significance of doctrine comprehension the complication of the law reality and the searching the directions of its well-balanced development.
Russian Journal of Legal Studies (Moscow). 2016;3(1):87-98
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New meanings for the concept of «legal entropy»
Erokhina Y.V.
Abstract
The author from the point of synergetic approach considers the concept of «legal entropy» in classical and non-classical versions. The article describes connection between entropy and uncertainty, disorder, disorganization, lack of organization, aggravation of contradictions in the legal system, instability, a measure of matter motion.
Russian Journal of Legal Studies (Moscow). 2016;3(1):99-108
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Coordination risks as a variety of legal risks
Maksurov A.A.
Abstract
In this paper we consider a new approach to the study of the relevant aspects of the coordination law. In this form, this problem was not considered. First individual, the most theoretically relevant and practically valuable, the legal elements of coordination are considered from the standpoint of legal experience, practice and technology. Particular attention is paid to organizational aspects. The study summarizes the main scientific position in the field of the coordination process, takes into account recent theoretical advances in this area, the legislation and the prospects of its change. This work is based on personal legal experience of the author in the coordination sphere. In this regard, the author proposes a practical solution of the legal problems.
Russian Journal of Legal Studies (Moscow). 2016;3(1):103-112
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Color Revolution as a result of information war: state-legal dimension
Pashentsev D.A.
Abstract
The article analyzes the concept of color revolution from the standpoint of the theory of state and law. The necessity of active external intervention for a color revolution is shown. It is shown that the color revolution is the result of the information war. Substantiates the role of information technology in the implementation of a color revolution.
Russian Journal of Legal Studies (Moscow). 2016;3(1):113-116
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Some security problems of Russia in the field of information technology
Razumovskaya E.A.
Abstract
The article considers the problems associated with the dependence of Russia on import of computer hardware and software. Shows statistics on the ratio of domestic and foreign manufacturers on the market of it technologies. A brief overview of the legal enforcement of course of Russia on import substitution in the information sphere.
Russian Journal of Legal Studies (Moscow). 2016;3(1):117-120
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Problems of public administration in scientific-philosophical system of coordinates
Okhotsky E.V.
Abstract
The article submitted to the attention of the reader this article is not a review in the classic sense of the genre of scientific analysis. This is most likely the reaction of an interested reader to a recently published monograph devoted to the problems of philosophical understanding of governance, more precisely the study of the managerial processes in three-dimensional space of philosophical understanding of management foundations, ideological justification and scientific support for management processes. The reviewer, in solidarity with the author of a monograph, trying their arguments, not only once again confirm the tremendous scientific and practical significance of control in the life of human society, but also with the more General scientific and philosophical positions to explore socio-energy power and basic qualitative characteristics of the mechanism of state administration, to focus attention on the development prospects and conditions of its effectiveness. With critically constructive approach deals with the problems of objective and subjective in the management of, the respective causal relationships, correlation and interdependence of the entities, forms, contents and peculiarities of the laws of dialectics in the management area. The subject of special attention is the ratio of conscious and natural, subjective and objective, goals and interests, forecasting, goal setting, and performance, sociality, legality and morality in management. Paid attention to the danger of various kinds of questionable philosophical interpretations of modern existence, non-dismissive is irresponsible attitude to the historical facts concerning the difficult, often tragic history of political and state-administrative relations in domestic and foreign practice. In conclusion made conclusions and generalizations formulated important, from the point of view of the author of the article, suggestions for improving the practice of management activity of the modern democratic state and its hardware structures.
Russian Journal of Legal Studies (Moscow). 2016;3(1):121-130
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Theory of federalism: Mission completed
Ponomareva I.P.
Abstract
The article is devoted to the analysis of theory of federalism, sources and reasons of development of this theory.
Russian Journal of Legal Studies (Moscow). 2016;3(1):131-135
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Theoretical interpretation of the state of modernity
Gabrelyan E.V.
Abstract
The article shows that the state as an organization of public government institutions of modernity and its theoretical interpretation is fundamentally different from the organization demodernism of the state and its theoretical interpretation. This difference was manifested, primarily, in the explanation of the role, participation and the importance of the individual in the process of state formation and as a result in the change of approach to the functional purpose of the state. The state of modernity - member, explained by concluding the contract of individuals in order to protect their rights existing independently of recognition by the state until the moment of its creation. The contractual theory of the state - the ideological basis of the state of modernity. Contractual interpretation of the process of state-building, which replaced the primitive theories and competing with them, first, “raskoldoval”, i.e. streamlines the state, secondly, explains the state through the rights of the individual, through the law, making the state legal. In the legal state of modernity changes the status of the individual: there is a transition from innate duties of subordination to the head of the family, the family and the state to innate (natural) rights. The state of the modern epoch is characterized by the change of a functional purpose, which is viewed through the category of property. The purpose and function of legal state - the protection of property rights,i.e. the rights of individuals to life, liberty and property. Positioning the property as the highest socio-cultural values leads to social and cultural needs of individuals in institutional protection through political institutions.
Russian Journal of Legal Studies (Moscow). 2016;3(1):136-142
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Unilateral sanctions in international relations as an element of the technology of «color revolutions»
Korjakin V.M.
Abstract
The article considers the theoretical and practical aspects of sanctions in international relations, shows the essence of unilateral sanctions as an element of the technology of «color revolutions».
Russian Journal of Legal Studies (Moscow). 2016;3(1):143-147
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The Problem of State Responsibility for the Organization of «Color Revolutions» and Opposition Support Abroad
Sazonova K.L.
Abstract
The «color revolutions» in the former Soviet Union space and the «Arab Spring» in the Middle East actualized the international law component of these phenomena. This is closely linked with the problem of a possible implementation of the international responsibility of those states that are involved in the organization of political upheavals in other countries. The present article examines the legal difficulties which arise from the implementation of this type of responsibility.
Russian Journal of Legal Studies (Moscow). 2016;3(1):148-154
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The value of the United Nations in resolving problems of the rule of law in conflict States
Kostenko N.I.
Abstract
In this paper, the author tries to analyze the main extracted from the work of the United Nations according to the rule of law in the States for the last fifteen years. The analysis shows that the rule of law and the approval of the rule of law in the States for the last fifteen years of experience - is fundamental to sustainable peace after conflict, for the effective protection of human rights. Keywords: problems of justice, the rule of law, the rule of law, peacekeeping operations, the UN standards.
Russian Journal of Legal Studies (Moscow). 2016;3(1):155-162
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The term «protest» in constitutional law: the meaning and contents
Riekkinen M.A.
Abstract
This article attempts to define the meaning and contents of the concept «protest» as it exists in constitutional law. The author abstains from acknowledging «the right to protest» in Russia’s constitutional law system. Instead it is studied how the opportunities to express the protest against decisions, actions (or lack thereof) by public authorities can be implemented as the modes of substantive public participation. The author considers the differences between formal and substantive public participation while emphasizing that the Constitution of the Russian Federation avoids direct usage of such terms as «protest», «criticism», or «objections» with respect to both types of such participation.
Russian Journal of Legal Studies (Moscow). 2016;3(1):163-169
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Populist ideology in the political process in Ukraine
Tomin L.V.
Abstract
The paper analyzes the ideology of populism, which consolidated part of the ukrainian society in street protests of autumn 2013 - winter 2014 and led to a change of power in the country. The paper discusses the debate on the issue of populism unfolded in foreign science in the last decade. Also it takes an attempt to analyze the populist tendencies across the Eastern European region and to investigate their causes.
Russian Journal of Legal Studies (Moscow). 2016;3(1):170-175
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Student community as an object of political manipulation in the «color revolutions»
Verdikhanova Z.V.
Abstract
In order to study the phenomenon of «color revolution» in modern political practice, the article analyzes the mechanisms of non-violent resistance as a special case of realization of political manipulation by the example of the student community.
Russian Journal of Legal Studies (Moscow). 2016;3(1):176-180
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Corruption in public procurement as a result of inefficient use of relevant legislation
Tymoshenko A.A.
Abstract
On the basis of analysis of official statistics given slice of the current state of federal contract procurement of goods, works and services for public use. The author concluded that the establishment of the state the necessary conditions to ensure, in this area a fair and honest competition. However, the scope of corruption, deficiencies in the work of law enforcement bodies create conditions for mass abuses by unscrupulous officials of the contracting authority and their partners - affiliated entrepreneurs. The author proposes concrete measures to eliminate shortcomings.
Russian Journal of Legal Studies (Moscow). 2016;3(1):181-189
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The statics and dynamics of a proprietary legal relations: a new approach to the problem
Luneva E.V.
Abstract
The research demonstrates that a proprietary legal relations are characterized by not only static, but also dynamic. It is proved that the stages of development of civil legal relationship (emergence, change, termination) relate to dynamics of the relationship. The basic structural elements of civil legal relationship (subjects, object, subjective rights and duties) relate to static of the relationship. Interconnection and interaction of the statics and dynamics of a proprietary legal relations are manifested through its state. The static states of a proprietary legal relationship forming after the next stage of its development, are not identical. Difference is the that bindings of structural elements of a proprietary legal relationship changed as a result of the dynamics.
Russian Journal of Legal Studies (Moscow). 2016;3(1):190-194
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The mechanism of civil protection of the state in the aspect of differentiation of civil liability of officials for harm caused by state
Babakov V.A.
Abstract
The article is devoted to the study of issues related to the regulation of civil liability of officials for damages caused by the state to the other participants of civil relations. According to the results of historical analysis of legislative regulation of the issue to the attention of the reader the mechanism of civil protection of the state, allowing, under certain conditions, to raise the issue of direct liability of officials for damages caused to the state damage.
Russian Journal of Legal Studies (Moscow). 2016;3(1):195-199
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Legal regulation of contracts and deliveries for the treasury needs in the era of Alexander II
Ermakov F.S.
Abstract
In this article we study development of legal regulation of public procurement during the period of the Great Reforms. Goals of our jobsto analyze the efficiency, transparency and competitiveness of services and supplies for the needs of the treasury, to identify their impact on the effective development of economic relations. In this paper, we research the relationship of corruption and public procurement the relationship of corruption with the gaps in the legal regulation.
Russian Journal of Legal Studies (Moscow). 2016;3(1):200-203
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Problems of qualification independent structures of extremist crimes in the Russian legislation
Sitnikova M.P.
Abstract
In article the author considers the problems qualification of the basic structure of extremist crimes; raises the questions of differentiation extremist crimes between yourself and distinguishing them from related structures; offers a complex of legal measures for the purpose of making changes to existing anti-extremist legislation of the Russian Federation.
Russian Journal of Legal Studies (Moscow). 2016;3(1):204-209
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Some aspects of the impact of the «color revolutions» in the penal system
Hohrin S.A.
Abstract
This article deals with the peculiarities of the group of crimes in the penal system under the influence of «color revolutions», particularly the reasons for the penitentiary complex crimes by studying the criminological characteristics of crime committed by prison.
Russian Journal of Legal Studies (Moscow). 2016;3(1):210-213
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Criminal offense with administrative prejudice - a crime or an administrative offense?
Tymoshenko Y.A.
Abstract
The article deals with theoretical approaches regarding the advisability of a full-fledged revival of administrative prejudice criminal law. On the basis of analyzing the legislative structures of crimes involving as a mandatory feature attraction of the person to administrative responsibility, and the provisions of Art. 14 of the Criminal Code of the Russian Federation concluded that the introduction of the institution is possible only if changes in approach to understanding the nature of the crime and the revision of the place of criminal law in the system of legal regulation.
Russian Journal of Legal Studies (Moscow). 2016;3(1):214-219
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Legislative consolidation of the innovations in the forensic activities in the Russian Federation
Smirnova S.A., Omel’janjuk G.G., Usov A.I.
Abstract
The article deals with issues related to the validation of teaching materials for the production of forensic competence certification of forensic experts and scientific and methodological support of forensic standardization of forensic activities.
Russian Journal of Legal Studies (Moscow). 2016;3(1):220-227
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Review of the monograph Tsybulevsky O. I., Racinos A. S. "Moral and evaluative category in the modern Russian law". - Saratov: Stolypin Volga Institute of management. P. A. Stolypin, 2015
Kerimov A.D.
Abstract
In the review the characteristic of the monograph Tsybulevsky O. I., Racinos A. S. "Moral and evaluative category in the modern Russian law"
Russian Journal of Legal Studies (Moscow). 2016;3(1):228-230
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