Vol 3, No 4 (2016)

Articles
THe Rule of Law in the «Staatsrecht»: Terminology and Content
Chirkin V.E.
Abstract
Article is based on the study of documentary materials. Although the terminology is inseparable from content the article discusses mainly terminological side of the phenomena. Using comparative, linguistic methods, content analysis, the author examines terminology used in British, French, German, some other constitutions, including the сonstitutions in Slavic languages, other legal acts, international documents to refer to the concepts of «state of law» and «rule of law» (sometimes also used the term «rule of law»), show- ing the differences in the origin, content and meaning of these phrases in Russian, some other Slavic languages, and other languages in Western Europe. The article listed the shortcomings of some terms, limit the content of the rule of law concept by higher legal force of the Constitution, the constitutionality, legality or the special role of the law in the system of sources of law. The author examines the definitions of «rule of law», which given some credible international organizations offers clarification of these definitions.
Russian Journal of Legal Studies (Moscow). 2016;3(4):9-14
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Realities and Prospects for the Development of E-Justice System in the Russian and European Practice
Antonov J.V.
Abstract
There are various forms and legal mechanisms for e-democracy. It includes an e-justice. E-justice is characterized by trans- parency, accountability, transparency of information, provision of electronic document. In this paper the author examines the pros- pects of the constitutional and legal e-justice in Russian and European practice.
Russian Journal of Legal Studies (Moscow). 2016;3(4):15-20
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Form of Individual Judicial Regulation
Stepin A.B.
Abstract
In the article the questions of realization of forms of individual judicial regulation, characterized by their diversity in the sys- tem of legal regulation of social relations. Examines the problem of complex implementation of regulatory and individual legal forms of regulation. The analysis of the concept and essence of individual judicial regulation.
Russian Journal of Legal Studies (Moscow). 2016;3(4):21-24
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Mass Falsification of the Results of the Evaluation of THeses Programs
Yakushev A.N., Komarov S.A.
Abstract
The article is devoted to the development and application of programs of anti-plagiarism. Installed, they are based on norms of regulations contradicting the Federal legislation; evaluation criteria use of the original work are not words or phrase, and para- graph. Records of the programs of anti-plagiarism is a mass-Wai falsification of the results of the evaluation of the use of the original works. The structure of the article: relevance of the topic, the legal basis for the use of the work, citation, plagiarism, «plagiarism» in the theses, reports, programs of anti-plagiarism on the subject of the originality of scientific works.
Russian Journal of Legal Studies (Moscow). 2016;3(4):25-29
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Law and its Anthropological Features
Atarschikova E.N., Ponomarev E.G.
Abstract
In the article the problem of formation of legal culture and enhance the legal awareness of the person. Attracts modern do- mestic and foreign scientists, anthropology of law, or legal anthropology, which held steady in the Humanities, defining the historical basis of the theory of state and law and development.
Russian Journal of Legal Studies (Moscow). 2016;3(4):30-33
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Valuable Bases Prosecutor's National Security Activities
Agutin A.V., Serbic L.A.
Abstract
The article is devoted to axiological grounds of prosecutorial activity in providing of national security. Analyzed forms of the system of values of the Russian people and their effect on prosecutorial activities to ensure national security. The role of the mentality and worldview of the Russian people in the formation of the Prosecutor’s activities to ensure national security. Based on the impact of policy statements and appeals of the President of Russia Vladimir Putin the Prosecutor’s efforts to ensure national security.
Russian Journal of Legal Studies (Moscow). 2016;3(4):34-40
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THe Functions of the State: the Experience of Conceptual Reconstruction
Grachev N.I.
Abstract
On the basis of the structural-functional analysis, the systematic approach and a new way of meaningful organic theory of the state it is attempted to conceptual reconstruction of the state functions. They are examined as vital, organic political and legal processes, objectively arising from the nature of the state as a form of existence and development of particular people, ensuring its sovereign status in the world community. It is proved the existence of the general state function, which consists of four elementary organically inherent state functions - integration, institutionalization, adaptation, goal setting and goals achievement. It is analyzed the social, political and legal content of these functions and it is determined their assignment as necessary conditions for the existence and development of the state.
Russian Journal of Legal Studies (Moscow). 2016;3(4):41-49
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THreats and Risk Soft Heparliament Aryregime from Positions of Conservative Traditionalism
Erygina V.I.
Abstract
The successful solution of modern problems, not only in lawmaking but also in law enforcement fields of development rights depend on the efficiency of credible legislative (representative) bodies of state power, from the quality of their laws. However, the role of Parliament in the Russian system of «vertical of power» is clearly understated that can be justified only by the need to maintain the stability and integrity of the state. In the study, the author tries to understand what the dangers of being a parliamentary regime, whether it threatens the integrity of the Russian state, which contains the apparent and hidden weaknesses. On the basis of the analy- sis of critical theory, developed by the Russian scientist-jurists of conservative direction, who deny parliamentarism, and also taking into account historical experience, the contributor makes conclusions about the need for further improvement of the contemporary representative institutes of the authority.
Russian Journal of Legal Studies (Moscow). 2016;3(4):50-59
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Methods to Counter Information War
Shibaev D.V.
Abstract
The government should be prepared to prevent and counteract state of the art techniques of warfare, viz.: to work out measures to oppose enemy’s information weapons; to gain information superiority; to develop a society that is immune to information; to establish a con- cept of counteraction to information warfare. The authors have examined both foreign and Russian sources of law defining the requirements for the government activities to confront the information war. They also refer to the viewpoints of foreign and Russian researchers, politicians and public figures who have narrated their opinions on the concept and features of such political and legal constructs as information war and information weapons. The problem of information warfare must be identified as a profoundly serious and damaging threat. The paper expands on some provisions defining the characteristics of information warfare and methods to resist it as well as the proposals to amend the domestic legislation to create conditions for an accurate understanding of this political and legal phenomenon. In addition, it emphasizes the view that amending the Information Security Doctrine is not enough to counterbalance the threat of IW. In a separate document it is necessary to recount all notions, requirements and methods for the government actions to bring about a gradual change in the situation, inter alia, developing sectoral (information security) legislation, training specialists in informational and psychological counter aggression, shaping public opinion through the government-run media, pursuing advocacy policy, etc.
Russian Journal of Legal Studies (Moscow). 2016;3(4):60-68
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Transborder Crime in the European Union and the Fight Against It
Meshcheryakova O.M.
Abstract
The Article «Transborder Crime in the European Union and the fight against it» is devoted to the legal principles governing co- operation between Member States of the European Union in crime investigation. The author of the article proposes to get acquainted with Criminal Procedure of Victims of the Criminal Offences.
Russian Journal of Legal Studies (Moscow). 2016;3(4):69-72
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Features of the Principle of Ensure Non-Discriminatory Interested Non-Owner Access to Public Property Objects
Borodach M.V.
Abstract
The paper contains the results of author’s analysis of constitutional fundamentals of the existence and implementation of the prin- ciple providing a nondiscriminatory access to the public property assets for the interested third parties. On the basis of legal dogmatic approach strengthened with methodologies of legal axiology and legal constructivism there are arguments represented in the paper, which make evident that this principle is being extracted from the relevant provisions of the Russian Constitution as well as having in fact its use in the framework of law-creation and law-execution activities. At the same time, the aforementioned principle yet has no its plain and consistent fixation in the texts of sub-constitutional normative acts. This is the reason of certain difficulties concerning the issue of regulatory meaning of the principle, which is being explored in the paper. Author makes general conclusion that the criterial indicator, which demonstrates whether a required balance of conditions, regulating an access to the public property assets for the interested third parties, is achieved, should be the good faith of legislative and law-executive decisions undertaken by governmental institutions in the framework of their public administration in the field of public property relations. However, in this context the absence of legal discrimination of the interested third parties should not necessarily imply that their eco- nomic inequality is inadmissible.
Russian Journal of Legal Studies (Moscow). 2016;3(4):73-79
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On Some Issues of Constitutional-Legal Regulation of Rural Life
Afanasyev A.A., Golovachev S.A.
Abstract
In the article on the basis of scientific literature, social studies, law-enforcement practice are highlighted issues of legal regu- lation of rural life. Stresses the importance of the regulatory functions of the State based on law, proposes measures to its strengthening in achieving public policy objectives on sustainable integrated economic and social development of rural areas.
Russian Journal of Legal Studies (Moscow). 2016;3(4):80-85
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Problems of Costitualization of Labour Legislation in Eurasian Economic Union Member-States
Tomashevski K.L.
Abstract
In the article with support on scientific ideas of scientists in area of constitutional and labour law a concept «constitualiza- tion of labour legislation» is analysed and determined. An author conducts the comparative analysis of both part of terminology of national legislation of states-members of the Eurasian economic union (in regard to categories a «labour legislation», «legislation, is about labour») and constitutional norms, relating to grow labour right, exposes between them common and special. On the basis of comparison of constitutional positions and norms of national legislation of Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia certain retreats are shown from constitutional and simultaneously universally recognized principles of international law in the field of labour as principles of prohibition of force labor, freedom of association, and also right on a strike.
Russian Journal of Legal Studies (Moscow). 2016;3(4):86-95
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THe Constitution and the Employers: the Principle of Equality Before the Law
Eseva E.Y.
Abstract
The problem of the lack of the Basic Law of the RF the rights of employers in the workplace. Analyzes the current russian legislation, in particular the provisions of the Labour Code of the RF and the provisions of the Code of Administrative Offences of the RF. There is debate about whether the constitutional rights of employers, in which the author comes to a positive conclusion based on the principle of equality before the law. In conclusion, given the necessary changes in labor and administrative law, as well as the Constitution.
Russian Journal of Legal Studies (Moscow). 2016;3(4):96-99
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Practice Issues Attraction to Justice Under Article 13.11.1 Administrative Code
Firsova O.A.
Abstract
The article is devoted to some issues of bringing to administrative responsibility, in connection with the dissemination of infor- mation about vacancies or vacancies that contain discriminatory information.
Russian Journal of Legal Studies (Moscow). 2016;3(4):100-103
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Public Opinion and the Criminalization of Environmental Offenses
Tymoshenko Y.A.
Abstract
The article deals with the consideration of public opinion in the criminalization of environmental offenses, given the results of a questionnaire survey of the population to assess the status of environmental protection, the degree of public danger of the crimes of various groups, including environmental, concerns about their protection against illegal encroachments on the ecological safety. Attention is drawn to the fact that the results obtained can be used in solving the issue of criminalization of illegal encroachments on the environment.
Russian Journal of Legal Studies (Moscow). 2016;3(4):104-107
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Danger Mental Abuse for Society and Man
Vorobyev S.M.
Abstract
This scientific article is devoted to the problems of the risk of causing psychological violence, it examines the relationship causing psychological violence with negative consequences for society and the individual. In addition the article shows the typical physiological and psychological characteristics of fear of the advancing person as a result of criminal exposure to mental violence. The author based on the study of opinions of various scholars in this field comes to the conclusion about the necessity of legislative consolidation of the definition of psychological violence and offers, thus their definition of mental violence individual-social level and society-wide level. The paper used is modern, scientific and special methods of cognition: analysis, synthesis, historic-legal, structural-functional, normative, logical, complex.
Russian Journal of Legal Studies (Moscow). 2016;3(4):108-117
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Features of the Criminal Liability for Crimes in the Sphere of Entrepreneurial and Other Economic Activities
Merkushina S.I.
Abstract
The article analyzes the explanations contained in the resolution of the Plenum of the Supreme Court on 15/11/2016 № 48«On the practice of courts of legislation regulating particular criminal responsibility for crimes in the sphere of entrepreneurial and othereconomic activities».
Russian Journal of Legal Studies (Moscow). 2016;3(4):118-121
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About Actual Problems of a Penalization of the Election Campaigns Existing at the Level of Legislative Activity on Violation of an Order of Financing, Campaigns of a Referendum: Scientific Way of their Decision
Lakekhin M.A.
Abstract
The article examines the problems of implementation of the most important method of penal policy - penalization formed at the level of legislative activity in relation to the acts took place in violation of the order of funding election campaigns, referendum campaigns. It is proved that the ongoing criminal policy in this area is inconsistent. The causes of generation of this dissonance. In the final part are popular legislative innovations, which in the opinion of the author, can lead not only to overcome the identified systemic shortcomings, but also to the transparency of the whole of Russian contemporary criminal justice.
Russian Journal of Legal Studies (Moscow). 2016;3(4):122-132
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Ensuring the Right to a Fair Trial Pre-Trial Stage Criminal Process
Tymoshenko A.A.
Abstract
The article considers the problem of respect for the right to a fair trial at the pre-trial stage of the criminal process. It is pro- posed to take into account the secondary role of pre-trial activity, whose task is to prepare materials for trial. This competitiveness for the prosecution is not allowed. Analysis of the European Court of Human Rights indicates sufficient blurring boundaries that separate statement of the facts of the presence or absence of a violation of Art. 6 of the European Convention «On Protection of Human Rights and Fundamental Freedoms» (the right to a fair trial). But in any case the decision is motivated by the observance of guarantees of access to justice. Hence, any infringement of the possibi
Russian Journal of Legal Studies (Moscow). 2016;3(4):133-141
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Preliminary Estimation of Proofs and Making Intermediate Decisions with the Production by the Criminal Case in the Context of the Concept of the Asymmetry of the Rules of Proovement
Khatuaeva V.V., Belousov I.V.
Abstract
In the article questions of the estimation of proofs from the point of view of the balance between the interested sides of protection and charge are examined. Is revealed the mechanism of a study of proofs from the positions of their reference and permissibility by that by in connection with existing in the doctrine of the criminal process of the theory of the asymmetry of the rules of proovement.
Russian Journal of Legal Studies (Moscow). 2016;3(4):142-147
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THe Pecularities of Interaction of Experts with Investigative and Judicial Bodies (the Case of Forensic Experts and Assessors)
Maslovskaya E.V.
Abstract
The paper presents the results of a sociological study. On the basis of Pierre Bourdieu’s sociological theory and its contem- porary interpretations the article considers the process of interaction between the juridical and scientific fields. The peculiarities of participation of experts in procedural activities are analyzed in the case of medical experts and assessors. The results of the study confirm the tendency towards juridical professionalization of these groups of legal experts. It has been revealed that asymmetry of power relations within the juridical field forces the experts to work out a set of tactics ensuring legal protection of their professional position. The paper singles out the repertoire of tactical moves which are used by the experts in their interaction with investigative and judicial bodies.
Russian Journal of Legal Studies (Moscow). 2016;3(4):148-153
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An Admission of Guilt and Compensation as Conditions for the Application of Accelerated (Reduced) Pre-Trial Proceedings in Criminal Cases in Russian and Kazakhstan Process
Kenenbayev E.A.
Abstract
The article considers the controversial issues arising in the criminal process of Russia and Kazakhstan related to the definition of «plea» and «agreement with the prosecution», as well as damages to the victim in accelerated (fast) pre-trial proceedings.
Russian Journal of Legal Studies (Moscow). 2016;3(4):154-156
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About the Evidentiary Value of Video Recordings of Investigative Actions
Glushkov M.R.
Abstract
Carrier of a video, made in the course of investigative actions, is an application to the report and, as a result, the video is devoid of evidentiary value. It also can’t be considered as evidence on grounds other document. The same applies to other means of fixing of a course and results of investigative actions, photographing, mapping, etc. Assuming this situation as abnormal, the author offers to reform the crimi- nal procedure law. It maybe bring about some potential practical difficulty. So, the procedural status of the applications to the report is unclear (or rather, unusual). Especially it concern to the electronic carriers of information, in particular contains large amounts of such information. The consequence of the proposed procedural novels, it would seem, will be the fact that all of this information immediately acquire the status of evidence. But it is not always justified. The article proposes to consider the situation by analogy with seizures of documents.
Russian Journal of Legal Studies (Moscow). 2016;3(4):157-160
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THe Question on Excitation of Criminal Cases Against Judges
Romanenko N.V.
Abstract
The subject of research are the legal provisions governing the institution of criminal proceedings against a judge or bringing him in as a defendant, as well as their practical implementation. In the study we used systematic methods of analysis, generalization of legislation, research papers, statistical, sampling method. Analysis of the practice revealed a number of problems in the application of complicated procedure brought against a judge of the criminal case (bringing him in as a defendant), in which the excitation of proce- dure of the criminal case against a judge needs a major adjustment in the way of closer relationship guarding the status of a judge of the constitutional norms and the criminal procedural rules guaranteeing protection of the rights of victims of crimes committed by them.
Russian Journal of Legal Studies (Moscow). 2016;3(4):161-168
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Determination of Lawful Essence and Subject Composition of Agreement About the Collaboration
Belyayev R.V.
Abstract
In the article are examined the problems of the determination of lawful essence and subject composition of agreement about the collaboration through the prism of the analysis of the definition, which is contained in criminal law. Are compared private-right and criminal procedure approaches to the content of conciliatory procedures, and also their subject composition, contradictions in the termi- nology, utilized in the acting criminal procedure legislation are revealed and they are proposed to the way of their elimination.
Russian Journal of Legal Studies (Moscow). 2016;3(4):169-172
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THe Nature and Problems of Realization of Functions of Prosecutor’s Supervision in Pre-Trial Proceedings
Manova N.S., Rygalova K.A.
Abstract
He article is devoted to questions about the content of normative regulation and practice of implementation of the functions of prosecutor supervision over the procedural activities of the investigator and of the inquirer. The authors consider a discussion point of view on the question of concept and essence of prosecutorial supervision in criminal proceedings; analyze changes in the procedural position of the prosecutor, and their impact on the practice of the prosecutor and supervisory authority.Keywords: criminal proceedings, the prosecutor, the powers of the prosecutor, prosecutorial supervision over the legality of prelimi- nary investigation, the supervisory powers
Russian Journal of Legal Studies (Moscow). 2016;3(4):173-181
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Discussion on the Concept, Features, Properties Public Prosecutor’s Response
Ergashev E.R.
Abstract
The article investigates the legal nature of acts of prosecutorial response to the identified violations of the law, their concept, characteristics and properties.
Russian Journal of Legal Studies (Moscow). 2016;3(4):182-187
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THe Potential of Prosecutor’s Supervision in Pre-Trial Stages of the Criminal Process
Bazhanov S.V.
Abstract
In this paper, in the context of the theory of separation of powers considered the political and procedural legal issues related to the Procurator’s Office and the judicial control of the criminal procedure activity of bodies of inquiry and preliminary investigation.
Russian Journal of Legal Studies (Moscow). 2016;3(4):188-193
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THe Fight Against Organized Forms of Crime in the Russian Centralized State
Belotserkovsky S.D.
Abstract
The article presents the results of the study of medieval domestic legislation in the aspect of organized crime. Shows aware- ness of domestic medieval legislator of the specificity of organized crime and necessary, so creating to fight it as a specialized Agency and specialized legislation. The analysis of its dynamics and of the basic provisions.
Russian Journal of Legal Studies (Moscow). 2016;3(4):194-201
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Implementation of the Concept Juvenile Justicein the Production of Juvenile in the Russian Federation(L.A. Shestakova. Monograph. M.:Yurlitinform, 2016)
Lazareva V.A.
Abstract
The article is the review of the monograph of L.A. Shestakova «Implementation of juvenile justice concepts in the production of juvenile in the Russian Federation». The normative model of juvenile justice in the Russian Federation in the book suggested.
Russian Journal of Legal Studies (Moscow). 2016;3(4):202-204
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