Vol 3, No 2 (2016)

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.