Vol 3, No 2 (2016)

Articles
THe Scientific novelty of the post-classical jurisprudence
Chestnov I.L.
Abstract
The author shows the inadequacy of the classical criteria of scientific character. Criteria and practice of logic not adequate the new picture of the world. The objectivity of scientific activity today is replaced by intersubjectivity. The main criterion of scientific novelty today is the social - relevance of the knowledge society. This criterion establishes the elites and reference groups. They selectrows the knowledge that claim the status of scientific novelty. Modern approaches to the law in domestic jurisprudence, the criterion of scientific novelty were more consistent with legal liberalism, economic analysis of law and postclassical theory of law. The most adequate call time, according to the author, is postclassical theory of law. The article presents the main provisions of the postclassical theory of law. It focuses on the main problem of modern law - connection of theory with practice.
Russian Journal of Legal Studies (Moscow). 2016;3(2):7-15
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About the scientific novelty in historical-legal research
Demichev A.A.
Abstract
The article considers specific features of the science of history of state and law. The author identifies the criteria of scientific novelty of historical legal research, analyzes the correlation between of the relevance of the research theme, of conjuncture and of scientific novelty.
Russian Journal of Legal Studies (Moscow). 2016;3(2):16-21
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Some of the opportunities and the criteria for establishing novelty in modern legal studies
Popov E.A.
Abstract
The article reveals the possibility of introducing a novelty in legal research. The emphasis is on the methodological specifics of the development of modern jurisprudence, which can significantly increase the novelty of the results of specific studies. Specified complexity and contradictions that arise among scientists in the process of obtaining new knowledge.
Russian Journal of Legal Studies (Moscow). 2016;3(2):22-27
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Soft Power «real» science: Russian game theory in practice and in theory
Kovtun N.N.
Abstract
The work undertaken by a critical analysis of the main criteria for assessing the development of the Russian academic science through priority adoption and acceptance to the account only those publications that are reflected in the «universally recognized» scientometric databases WEB of Science database, SKORPUS, RSCI; the author points out a dead-end data vector «reforms» for Russian science, and for specific research.
Russian Journal of Legal Studies (Moscow). 2016;3(2):28-35
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THe semantic approach to law as an integral foundation of the typology of new legal knowledge
Gavrilova Y.A.
Abstract
This article examines the semantic approach to law as a uniting platform in the process of explanation, description and understanding of scientific novelty of legal knowledge. The author believes that the convergence of scientists on questions of the concept of law it is necessary to correlate with these questions, the problem of the nature and specificity of legal knowledge, which is uniform and often varies within appropriate types of scientific rationality: classical, nonclassical and postnonclassical. Therefore, it is proposed author’s vision of the solution to the problem of the «irreducibility» of the various approaches to the law (to ensure its integrity or integrative), as the most profound philosophical and ideological basis of such a combination is the sense of entitlement. The author comes to the conclusion that the semantic approach allows to optimally combine the material-existential and ideal-spiritual components of the phenomenon «law» in society, but also to expand the range of algorithms to obtain new legal knowledge in unity of classic, nonclassic and postnonclassic.
Russian Journal of Legal Studies (Moscow). 2016;3(2):36-41
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Criteria, procedure and evaluation of results of dissertational researches on the theory and history of law, government and jurisprudence in Russia (1802-2014)
Yakushev A.N., Komarov S.A.
Abstract
The preliminary results of the research, development gaps, status, problems, statistics, and legal errors in relation to the criteria, procedure and evaluation of results of dissertational researches on the theory and history of law state and legal science in Russia in the period from 1802 to 2014. Formulate intended new proposals for replenishment and change of legal regulations, re-pulirula procedure for evaluating the dissertation research and the sweet-tions.
Russian Journal of Legal Studies (Moscow). 2016;3(2):42-48
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Methodological bases of the modern theory of law: the issue of reviewing and searching of a new type of law
Trofimov V.V., Sviridov V.V.
Abstract
The article analyzes the problem of rethinking the classical methodological grounds traditionally used by jurisprudence. The author shows the necessity of the scientific search for new methodological approaches the study of law. The article presents characteristic of certain aspects of the communicative approach to the understanding of law and its species as one of the possible directions of updating the general theoretical and methodological context of modern legal studies.
Russian Journal of Legal Studies (Moscow). 2016;3(2):49-53
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Critical-legal method in jurisprudence
Malinowsky A.A.
Abstract
The article analyzes the problems of modern methodology of knowledge of legal reality. The author proves the necessity of a theoretical study of the critical-legal method, which currently has no «official status» specially-legal method. The article describes the main approaches to the development of evidence-based epistemological methods are most effective application of this method in jurisprudence, lawmaking and law enforcement.
Russian Journal of Legal Studies (Moscow). 2016;3(2):54-61
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Information and interpretive paradigm of legal knowledge
Borulenkov Y.P.
Abstract
The article describes the author’s concept of the modern paradigm of legal knowledge. Rethinking philosophical paradigms«epistemology as theory of reflection», the recognition of the irreducibility of cognitive activity to reflective procedures, the lack of systematic research in the field of knowledge in the legal sphere, the predominance of ideology over logic and gnoseology, the lack of comprehensive studies of the content and structure of legal cognition as a complex, multilevel and polyelement system operating in a special environment necessitates the formulation of a paradigm of legal knowledge on a theoretical level. Development of legal knowledge paradigm requires, first, considering the unity of figurative and symbolic, reflective and interpretative issues, and, secondly, the use of modern ideas about the existence of ideal entities and virtual reality, which should include legal concepts and spatio-temporal images.
Russian Journal of Legal Studies (Moscow). 2016;3(2):63-70
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To a question about the nature of legal obstacles
Bortsov A.V.
Abstract
This article analyzes the spread in recent years in the scientific literature category of «legal barriers». The author concludes that legal obstacles need to be considered from the perspective of libertarian legal type of legal thinking. Legal barriers can be classified as any negative phenomena and processes that do not contribute to hinder achievement of this legal action.
Russian Journal of Legal Studies (Moscow). 2016;3(2):71-77
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Idea of law for XXI century (on some tasks of the modern philosophy of law
Shugurov M.V.
Abstract
The article is devoted to understanding and updating the methodological approaches to analysis of the idea of law as a phenomenon of the legal reality. The author pays an increased attention to justification of the idea in a kind of the tool for cognition and change of the positive law. A decisive importance is given to examining some perspectives of considering the idea of law as the paradigm and the fundamental image combining the axiological and logical moments of legal reality. In the article there is conducted the thought on that elaborating the Idea of law for XXI century suppose modernizing the agenda of modern legal philosophy as well as implementation of practical steps concerning forming the dialogue between adherents of different models of understanding the law so long as the idea of law is integrated unity of fundamental legal ideas not reduced fully to each of such ideas.
Russian Journal of Legal Studies (Moscow). 2016;3(2):78-86
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On the worldview pluralism, competing theories of law and the elaboration of a unified integrative theory of law: philosophical analysis of the proble
Musayelyan L.A.
Abstract
Philosophy has historically served as metatheory of law. The world view prevailed in every age has determined legal consciousness and law enforcement. Abolition of the state ideology in the early 1990s in Russia apart from the recognized positive effect had some negative implications. During this period it was possible to observe the following phenomena: origin of many competing theories of legal consciousness, disappearance of a single legal space, spreading of the selective right that violates of equality of citizens before the law and the principle of justice. The lawyers’ idea of integrative theory of law turns out to be impractical because of the lack of a generally recognized basis of law. The author attempts to show, that the unified ontological basis of law exists. The institutionalization of such a basis allows solving complex problems connected with modern legal consciousness and law enforcement.
Russian Journal of Legal Studies (Moscow). 2016;3(2):87-95
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THe truth as a problem of philosophy: classic and postmodernism
Zakhartsev S.I., Sal’nikov V.P.
Abstract
The article is devoted to the truth as a problem of philosophy and philosophy of science. The statement is grounded in the article concerning the reasons why it is necessary to take a position of classic truth understanding. The directions of post positivism and postmodernism in philosophy are criticized.
Russian Journal of Legal Studies (Moscow). 2016;3(2):96-100
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THe scientific novelty of the public right : illusion or reality?
Ponomareva I.P.
Abstract
The article is devoted to the investigation of the notion of «scientific novelty» in the modern science of state (constitution) law. The study of this phenomenon is made in the context of informational and systemic approach.
Russian Journal of Legal Studies (Moscow). 2016;3(2):101-105
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Constitutional legal mechanism of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen in Russian Federation
Alzheev I.A.
Abstract
In article questions of realization of constitutional and legal bases of bodies of prosecutor’s office of the Russian Federation for law enforcement and a law and order, protection of the rights and freedoms of the person and citizen are considered. According to the author there was now an unsatisfactory situation in the sphere of the rights and freedoms of the person and citizen, increases the number of violations of the rights and freedoms that leads to increase in social tension and loss of trust of the population to all structures of the government. In this connection in article improvement of mechanisms of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen is proved by need of definition of coordination activity of prosecutor’s office, from the point of view of her potential and a role in fight against crime also.
Russian Journal of Legal Studies (Moscow). 2016;3(2):106-111
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Constitutional issues of russian federalism
Kochetkov V.V.
Abstract
This article addresses a problem of the form of government of Russia as a constitutional state. Even in the Russian political and legal thought in the second half of XIX - early XX century, the main debate was between supporters of federalization and the so-called autonomy of certain territories of Russia. The first thought that the Federation allows us to give a legal response to the challenges of nationalism and proletarian internationalism in the Bolshevik version. The latter believed that in the Russian Empire at that time there were no territory of equal size that could exist independently, and therefore to act as full-fledged subjects of the federation. Modern Russia, according to the 1993 Constitution, is a federal state. The concretization of the principles of Russian federalism performed in Chapter 3 of the Constitution in Art. 71, which sets out the objects of the exclusive jurisdiction of the Russian Federation; Art. 72, which lists the subjects of joint jurisdiction of the Russian Federation and the Russian Federation, as well as in art. 73, which establishes that outside the jurisdiction of the Russian Federation and the RF power to the joint jurisdiction of the Russian Federation and the subjects of the RF subjects of the Russian Federation shall possess full state power. However, the economic, social and political differentiation of regions that differ significantly from each other on the living conditions of citizens and labor rise to doubts aboutthe fairness of the existing system. Endowment of most subjects of the federation, and, consequently, their dependence on subsidies of the federal government, leaving no place for the realization of the interests of territorial public collectives living in the Federation. The current system of federal relations in modern Russia is more consistent with the concept of Russian jurists of the early twentieth century of autonomy than with federalism. And accordingly, it generates the same antinomy in the theory and the negative effects in practice. To overcome them must apply to the basic principles of constitutionalism as a form of legal: freedom and justice based on the recognition of equal human dignity. Federalism in a constitutional state is based on the totality of territorial public collectives having legal capacity. Therefore, no joint terms of jurisdiction of the center and subjects of federation in the federal constitutional state under Art. 72 of our Constitution cannot exist, since thereby seriously limit legal capacity of members of the federation.
Russian Journal of Legal Studies (Moscow). 2016;3(2):112-121
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Russia is in the grip of globalization, crisis and external pressure sanctioning
Okhotsky E.V.
Abstract
The article examines the legal framework, characteristics and main components of politics and public administration in the context of globalization and the crisis of the negatives of modern Russia, economic, organizational and information framework the integration of the state policy in the globalization processes and the practical implementation of the state policy of crisis and contractional orientation. Analyzes General, special and private in the process Manager’s specific anti-crisis actions in view of the potential opportunities and prospects out of the country on the path of sustainable socio-economic and political development; represented basic components of the mechanism of public crisis management, the most effective forms, methods and means of effective political and administrative activity in the conditions of crisis and unprecedented external unfriendly to Russia sanctions pressure.
Russian Journal of Legal Studies (Moscow). 2016;3(2):122-132
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On some features of the modern legal technique in the mechanisms of the Environmental law norms setting
Klyukanova L.G.
Abstract
The article investigates some aspects of the application of modern legal technique in the domestic Environmental law norm setting. Considers normsprinciples and norms-declarations as a special type of legal norms, benefiting a sufficient demand in the modern norm setting. Analyzes some features of systematization of the norms of environmental legislation. Viewed the problems of writing of the Environmental Code of the Russian Federation.
Russian Journal of Legal Studies (Moscow). 2016;3(2):133-139
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Legislative regulation of administrative justice principles
Tomczyk S.Y.
Abstract
This article analyzes the principles of the administrative proceedings that have received the legal consolidation of the Code of Administrative Procedure Code. The article analyzes the legislative regulation of the basic principles of administrative proceedings, reveals contradictions on the number and composition of these principles in articles CAS, and marked some of the provisions, which were not reflected in the list of important and special obscheprotsessualnyh principles discussed in the scientific literature.
Russian Journal of Legal Studies (Moscow). 2016;3(2):140-143
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THe principles of internet-law
Danilenkov A.V.
Abstract
The article is focused on the analysis of the genesis and legal meaning of the Internet-law principles within the framework of the international and national public order; the author substantiates and lays out the classification of those principles; the adoption of the international law act to incorporate the fundamental Internet-law principles is envisaged. The author castigates some positions and views, circulating in the law science, which purport to attribute the Internet-law principles with the so-called «soft law» tag, being of opinion that such meta-juridical assumptions and easiness may impede doctrinal evaluation of Internet-law as evolving area of law and lead to the obscurantism in the field of the scientific legal knowledge about the subject matter and method of Internet-law as well as the substantive characteristics of the relations, governed by its norms. In order to bolster up his thesis the author refers to the practice of sanctioning the «fair customs» in the area of registration and use of the domain names and the rapid development in the last decade of the international legislation and case law including the numerous decisions of the European court for human rights re privacy and etc. which completely overturns the concept of the Internet-law as stuck in the rudimentary standing of the «soft law». Author also substantiates the argument that most of the Internet-law principles are formed in the course of the regulatory and law enforcement activity of the specialized organizations (such as ICANN, ITU and others) and also ensue from the coincidental practice of the states and quasi-state constituencies (such as European Union).
Russian Journal of Legal Studies (Moscow). 2016;3(2):144-154
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THe legal system of the planet Tranay unsuitable for Russia
Luneev V.V.
Abstract
The article gives a criminological analysis emerging in modern Russian society the relations between citizens, the individual and the state. The author in the metaphorical form is invited to reflect on the correctness of the chosen vector of social and economic. After all, anyone interested in the fate of Russia the question arises - how was made possible such a monstrous scale racing offi al criminality, the loss of the state of key positions in the economy, which led to the institutionalization than not restrained «wild» capitalism.
Russian Journal of Legal Studies (Moscow). 2016;3(2):155-177
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On the national package of measures to counter the penetration into the territory of the Russian Federation, members of international terrorist organizations and the involvement of Russian citizens in terrorist activities abroad
Kerimov A.D., Halipova E.V., Krasinski V.V.
Abstract
In the given article the problem of penetration into the territory of Russia the members of international terrorist organizations and the involvement of Russian citizens in terrorist activities abroad is studied. The authors analyse the complex organizational-legal measures and international experience neutralize security threats related to the penetration into the territory of country foreign terrorists and the involvement of citizens in terrorist activities abroad.
Russian Journal of Legal Studies (Moscow). 2016;3(2):178-186
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On the criminological foundations of legal regulation of combating organized crime
Belotserkovsky S.D.
Abstract
The article considers different approaches to the organization and implementation of the fight against crime in General and organized crime in particular, and their evolution in a historical perspective. In this regard, the author analyzes the category «criminological framework» and its correlation with the categories «scientific basis», «criminal policy», etc. proposals aimed at optimization of legal regulation of combating organized crime.
Russian Journal of Legal Studies (Moscow). 2016;3(2):187-192
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On the formation of the general theory of crime
Holopov A.V.
Abstract
The article is devoted to the cognition of crime as a complex object (phenomenon), which has the nature of a system. The crime is analyzed from the point of view of the theory of cognition and general systems theory (system approach). Problems of crime cognition are discussed on the examples from the public prosecutor’s work practice. The author treats criminological theory of crime as a basis for the formation of the general theory of crime. Resting on the general systems theory the author describes crime from the perspective of cybernetic and synergetic approach. The author proposes that the general theory of crime should embrace the theories of crime developed in criminology, forensic and criminal legal studies, as long as they adopt the general systems theory for their theoretical description of crime.
Russian Journal of Legal Studies (Moscow). 2016;3(2):193-201
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Criminal liability for destruction or damage forest plantations: qualification questions
Timoshenko Y.A.
Abstract
The article deals with issues arising in the classification of acts, responsibility for which is provided Art. 260 and Art. 261 of the Criminal Code. Based on the analysis of judicial practice, as well as the views expressed in the scientific literature, it is concluded that the discrepancies in the interpretation of criminal prohibitions on the destruction and damage of forest plantations, due to the imperfection of the legislative structures Articles 260 and 261 of the Criminal Code, which became possible due to non-compliance with the rules of legislative technique
Russian Journal of Legal Studies (Moscow). 2016;3(2):202-206
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Modern approaches to the study of a progressive system of execution and penal
Gorban D.V.
Abstract
The article comprehensively analyzes the various contemporary approaches of scientists to study the performance and progressive penal system: a) nepenetentsainy; b) philosophical; c) institutional; g) departmental. Separately studied approach to the progressive system within the emerging trend of «multi-mode» prisons. When preparing and writing a scientific article were applied methods of analysis and synthesis, as well as the dialectical method of scientific knowledge. Scientific novelty and conclusions. The analysis offered by the author organizational and practical measures to improve the current progressive system.
Russian Journal of Legal Studies (Moscow). 2016;3(2):207-215
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General characteristics of regulating responsibility for abuses of power in russia: historical aspect
Rumyantseva Y.N.
Abstract
The article identified and analyzed the historical experience ot the Russian Federation on issues of qualification and the regulation of liability for abuses of power, selected some general indications of the techniques of making composition for possible perspective of historical continuity. The author comes to the conclusion a number of proposals on improvement of structure of a crime under article 285 of the Criminal Code.
Russian Journal of Legal Studies (Moscow). 2016;3(2):216-220
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Russian tradition ensuring the right to a fair trial
Tymoshenko A.A.
Abstract
The author based on the analysis of monuments of national legislation comes to a conclusion about the presence in Russia of their traditions to ensure the right to a fair trial. The criterion of fairness of the criminal proceedings is not only the law, but its application in practice. Forming enforcers proper attitude toward the law will ensure proper implementation at criminal proceedings of the rights and freedoms of man and citizen.
Russian Journal of Legal Studies (Moscow). 2016;3(2):221-226
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Limits of proof in criminal cases against the acused, who have entered into a pre-trial agreement on cooperation
Tisen O.N.
Abstract
In article analyzes the characteristics of proof in criminal cases against the accused, who have entered into a pre-trial agreement on cooperation. The author believes that limit the scope of evidence in criminal matters to be considered by the curt in an abbreviated form, is unacceptable.
Russian Journal of Legal Studies (Moscow). 2016;3(2):227-231
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On some problems of competition in the pre-trial stages of criminal proceedings including those related to participation in the case of persons having public law immunity
Romanenko N.V.
Abstract
The article considers the peculiarities of the taking of evidence in respect of persons having public legal immunity, and analyzes the problems of the current legislation regulating this sphere of legal relations.
Russian Journal of Legal Studies (Moscow). 2016;3(2):232-237
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To the question at perfections of legislation in area of setting and productions of judicial examinations
Khmeleva A.V.
Abstract
In the article is examined lacks of fi ng at legislative level ofpositions of legal institute of judicial examination, specifiedon distinctions of corresponding norms in the differentsources of right and formulated suggestion on perfection oflegislation about the order of setting and production ofjudicial examinations and researches.
Russian Journal of Legal Studies (Moscow). 2016;3(2):238-241
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New methodological aspects the study of prejudice
Burganov B.R.
Abstract
The work is devoted to the problems of improving the institute prejudice. To improve the legislation on prejudice are encouraged to use the system-institutional approach to the study of legal phenomena. Analysis of prejudice through institutional and systemic approach will create a flexible system of legal regulation. The author identifies the internal and external organizational structure of the Institute of prejudice, prejudice defines media.
Russian Journal of Legal Studies (Moscow). 2016;3(2):242-245
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On the modern science of prosecution and scientific novelty of it
Vinokurov A.Y.
Abstract
In the article, the author presents his view of the prosecution activity as a branch (direction) of scientific knowledge and opines on the prospects for prosecutorial science.
Russian Journal of Legal Studies (Moscow). 2016;3(2):246-250
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THe prosecutor’s office under the action of the judicial reform of 1864
Kulikova G.L.
Abstract
On the basis of the analysis prosecutor’s activity in conditions of concluded activities in 1864, the judicial reform that, despite some reorganization of the prosecutor’s office received a number of new powers. And the «sovereign’s eye», remained in the center and on the ground. In addition, the principles of its organization and activities have been identified. During this period, it increased the authority of the higher supervision of the empire.
Russian Journal of Legal Studies (Moscow). 2016;3(2):251-255
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Glimpses of history of Russian legal science of XIX c. N.M. Korkunov: hours of triumph in legal science and tragedy in private life
Ekimov A.I.
Abstract
The article observes creative career of N.M. Korkunov, an outstanding Russian legal theorist of the second half of XIXth century. He considered scientific explanation of process of replacement of one social structure by another as the main aim of legal science. «What thing and how should be changed and what thing can still exist? What is the best algorithm to replace the old structure by the new one? What forms of legal protection will come to being in the new society?» - that questions he was focused on. As a part of criticizing the authocratic government in Russia he proved the necessity to reform it and by so doing to provide human rights as far as possible. N.M. Korkunov based a theory about relative independence of a person in social processes, which was highly estimated by contemporaries.
Russian Journal of Legal Studies (Moscow). 2016;3(2):256-263
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THe draft of the new edition of the Charter of civil proceedings, the commission N.V. Muravyov: historical-legal analysis
Zolotova O.I.
Abstract
The article analyzes the unrealized project of a new edition of the Charter of civil procedure. The author explores the basic principles of civil procedure, presented in the project. The conclusion is about the model procedure set out by the drafters of the draft new edition of the Charter of civil procedure.
Russian Journal of Legal Studies (Moscow). 2016;3(2):264-269
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Differentiation of civil and criminal trial in the Moscow State: a retrospective analysis
Haschina E.E.
Abstract
This article deals with the problem of historic differentiation of criminal and civil trial in the Moscow state. The author analyzes the characteristics of a single form of legal proceedings and attempt to determine the conditions of formation of «sysk» as procedural form for criminal cases. The conclusion of the incompleteness of the process of separation of criminal and civil trial in the XVII century.
Russian Journal of Legal Studies (Moscow). 2016;3(2):270-275
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