Vol 5, No 3 (2018)

Articles
Issues of Consolidation of Modern Society in the Context of Traditional Risks and Eurasian Integration
Baburin S.N.
Abstract
This article discusses the current approaches to the search for forms of consolidation of the modern Russian society in the context of Eurasian integration. Understand the political, socio-economic, legal and civilized Russia risks negative consequences of risks, especially in the spiritual and moral sphere, law and legislation. The rationale for the conclusion that the minimization of negative consequences of risks is possible through the participation of entities of Eurasian integration and all the Slavic world in the creation of the Union State as State form of Russian (Slavic) civilization.
Russian Journal of Legal Studies (Moscow). 2018;5(3):9-16
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EU Sanctions against Russia: Features of the Legal Mechanism
Meshcheryakova O.M.
Abstract
The article is devoted to the examination of the new stage of EU. The aim of the article is to analyze legal problems related to the formation of modern EU law international and integration law in the context of globalization, the place of integration law in the system of the legal international law and the formation of Russia’s overall international policy.Scope of the article is the norms of integration law, international law, European Union (EU) law and domestic law, aimed at solving these problems and the features of the legal mechanism of sanctions of EU at the present stage of the development of EU law.The article analyses the perspectives of the further transformation of the alliance, including the prospects of the elaboration of the new strategic concept.Author’s reasonable position relies on the legislation and opinions of the competent scientif ic environment on the question of patterns of the development of the subject in point. Based on the analysis of legal norms, the distinctive features of the development of the concept of «sanction» are differentiated regarding globalization and the formation of integration communities caused by it.The methodological basis of the research is a set of methods of scientific knowledge, among which the main place is occupied by the methods of historicism, comparative-legal, as well as formal-legal and systemic approach.The analysis at the article of the formation of a new legal international and integration law and of integration law carried out in the article and its connection with the practice is for the first time conducted in the Russian legal science. Its provisions can be used in further studies on issues of integration, international, European and comparative law.The research revealed the importance of integration communities for the development of international law.
Russian Journal of Legal Studies (Moscow). 2018;5(3):17-21
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Information Wars and Sanctions of the International Olympic Committee as Means of Political Pressure on the Russian Sport and Public Opinion
Jilkine V.A.
Abstract
Combating doping has turned into a subject of harsh political pressure on Russia and the Russian public opinion in the run-up to the presidential elections in Russia in 2018. The Executive Board of the International Olympic Committee has suspended the activities of the Russian Olympic Committee and allowed the Russian athletes to perform in PyeongChang Games-2018 under the Olympic f lag in the status of «Olympic Athletes from Russia». The article considers the violated fundamental principles and norms of the international law and the human rights enshrined by the Universal Declaration of Human Rights and the Convention for the Protection of Rights and Fundamental Freedoms and guaranteed by constitutions of civilized states and by the Olympic Charter Rules. The decline of Russian representation in international organizations has resulted in the violation of the fundamental principles and essential values of Olympism, the Olympic Charter and in infringement of human rights and liberties. The Olympic Charter permits the athletes to challenge penalties relating to participation in the Olympic Games exclusively in the Court of Arbitration for Sport (CAS). The study of judicial practice and legal precedents in national courts gives credence to the right of any person/entity to judicial protection of honour, dignity and business reputation from distribution of unfaithful defamatory information and to the right to demand compensation of losses and non- pecuniary damage at civil courts.The article gives some examples of athletes applying to the national courts with legal claims for compensation for professional and non-pecuniary damage. The issues of defence of the National Olympic Committee, the Paralympic Committee, the interests and professional reputation of athletes of the great sporting empire should be handled originally at the governmental level, with involvement of international law counsellors. It is necessary to reform the sports system and the anti-doping laws. WADA (World Anti-Doping Agency) activities and the sport management system should be transparent, comprehensible and verifiable.
Russian Journal of Legal Studies (Moscow). 2018;5(3):22-28
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United Nations Technology Facilitation Mechanism: Conceptual, Organizational and Legal Framework for Operation
Shugurov M.V.
Abstract
This article is devoted to investigation of the forming and the initial stage of functioning of the UN’s Technology Facilitation Mechanism in the context of exploring new trends of international innovation, scientific and technological cooperation in interests of Sustainable development and achieving its aims. The study goal is a elaborating the conceptual model of given Mechanism in the light of tasks, enshrined in the 2030 Agenda for sustainable development and addressed to the Global partnership in the interest of sustainable development as regards development of environmentally sound technologies, knowledge and innovation and other sustainable technologies.The methodology of research conducted consists of the general scientific methods of analysis and synthesis, generalization and abstracting. The author have used the system principle and the historical principle. The empirical basis of analysis concludes provisions of international documents in the area of sustainable development, UNs’ documents and documents, stipulating the Mechanism activity.As results of given study are following: the proof of hypothesis that Mechanism is a key institutional innovation of global policy in respective area of international cooperation; explicating the specificity of its political and legal foundations; indicating its stakeholders; indicating its structure; pointing its priority directions of activity. The conclusions drawn are conceptual provisions that, firstly, Mechanism really has a potential for consolidating and broadening the scope of international cooperation and also increasing the coordination between stakeholders by means of elimination of fragmentation and gaps that should lead to cumulative effect. Secondly, Mechanism is designed to focus attention on facilitating overcoming various barriers, such as trade, investment and financial, of development and transfer of technologies and knowledge that should lead to a conjugating the scientific and technological progress, on the one hand, and the sustainable development, on the other hand.
Russian Journal of Legal Studies (Moscow). 2018;5(3):29-38
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Technological Singularity as a Point of No Return: Back to the Future? (Philosophical Legal View)
Popova A.V., Abramova M.G.
Abstract
The authors offer their views on the processes of establishing and developing worldwide digital technologies of intruding in human civilization. The world is now witnessing the creation of a wide range of cyber-physical systems, different types of robots, artificial intellects, robot-engineering units, intellectual and brain systems. Because of this, there is an imperative need to resolve all the different philosophical, legal, political and moral problems that have come to the surface.We may ask: how can these new types of intellects, these so-called «post-humans» interact with Homo sapiens? Do they have a conscience, and are they, in this case, subjects of law? By the actions of humanoids, androids, hynoids, different types of industrial and social robots, is it possible to speak about their empathy, responsibility for what they do from the point of view of moral dogmas and norms of law?It is noteworthy that the current development of brain-computer interface based on direct contact between human and computer consciousness will have an impact on changing the concepts of democracy, rights and freedoms, equality, justice and religious convictions.The article offers a brief analysis of the philosophy of trans-humanism. Having reached the point of technological singularity from which it will no longer be possible to return to the past. Therefore, technological singularity is that critical point for mankind which can lead to self-liquidation. The only possible way to exclude such a pessimistic future for the whole of mankind is to pool the efforts of the community, by upgrading the role of collective start- ups, common interests and social interests as a special universal boon.Only by coordinating and harmonizing public, collective interests, the interests of Man and Nature, will it be possible to begin elaborating general norms for helping us to regulate new public relationships with this technological element.
Russian Journal of Legal Studies (Moscow). 2018;5(3):39-47
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Socio-Cultural Foundations of the National Philosophy of Law: History and Modernity
Katsapova I.A.
Abstract
The article reveals the socio-cultural foundations of the national philosophy of law, which are considered in the historical and modern civilizational aspect. The role of law is analyzed in social and cultural programs of social development. It is emphasized that the special importance in the conditions of modern modernization of state and public relations is the understanding of the possibilities and boundaries of the implementation of the existing universal meanings and principles of the organization. It is emphasized relations and their adaptation to modern processes. Modernization is considered as a factor of social development of society, as a way to improve social institutions and relations. The article also focuses on the problem of global modernization and inclusion of local cultures. The article focuses on the problem of adaptation of traditional societies to the modern model of global modernization. The attention focuses on the fact that modern social projects and concepts should move from the concept of «global community» to the understanding of new factors of social life and form new ideas about the conditions of human life in the planetary world.The article reveals the principle of correlation between the philosophy of law and social philosophy. Domestic philosophy of law, is based on philosophical ethics. It is presented in the article as a «normative area of knowledge», and transformed into a system of norms (law and morality) regulations and obligations of public life. It is also emphasized that the main task of the modern philosophy of law is to determine the conceptual unity of historical and modern understanding of the nature of the socio-political world and ways of its knowledge, based on the dialectic of complementarity. The practical task of the modern philosophy of law is to substantiate and concretize the ideology of social life, which assumes the unity of law, politics and morality. It is also proved that in the context of globalization the modern philosophy of law meets the challenges that actualizes the process of socio-political integration and modernization.
Russian Journal of Legal Studies (Moscow). 2018;5(3):48-57
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Reception of Social Legal PrinciplesState Law-Making Institutions
Garashko A.Y.
Abstract
The purpose of this article is to analyze the feasibility and the basic mechanisms of borrowing of the individual benefits of the standards of conduct, the current in society (public legal principles), the activities of state authorities. The author comes to the following conclusion: reception of the socio-legal basis of state institutions capable of providing public support for the implementation of state standards; positive impact on the rule of law and the lawmaking process; to determine the restoration of the unity of law as a system that combines public and state foundations; seamlessly integrate the benefits of state and public began legal regulation. The methodology used in the preparation of this study presented a systematic, functional methods of learning; methods of induction, comparison and analysis. In addition, the author relied on the General dialectic method of cognition. Applications received by the author’s findings and conclusions are the theory of state and law, jurisprudence, philosophy of law, constitutional law.
Russian Journal of Legal Studies (Moscow). 2018;5(3):58-62
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Features of the Legalization of Judicial Practice in the Russian Federation
Kulik O.V.
Abstract
The article reveals the specificity of court practice as a special kind of legal practice and determines its importance for the development of legal systems and law in general. The inf luence of court practice on lawmaking in various legal systems, including the Russian one, and the implementation of court practice in the relevant sources ( forms) of law (legal practice legalization), is analyzed. Based on the analysis, the author draws conclusions about the features and forms of legalization of court practice. Also the powers of judicial and other state bodies thatdetermine their role for the legalization of court practice are examined, on the example of the Russian Federation.
Russian Journal of Legal Studies (Moscow). 2018;5(3):63-72
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The Phenomenon of the Parliaments of the European Union and the Eurasian Economic Union
Kakitelashvili M.M.
Abstract
The purpose of article is to define an opportunity application of experience of the European Parliament during creation of Parliament of the Eurasian Economic Union (The Euroasian parliament) and also to reveal positive experience of functioning of the European Parliament which can be used during creation of the Euroasian parliament. The object of the research is social relations in the process of formation and functioning of the Parliament of the EEU. The methodology of the research is General scientific methods of cognition (dialectic, analysis, synthesis, modeling, etc.), as well as sociological, historical, comparative-legal, formal-legal, etc.The specificity of integration associations in the modern world poker on a process to integrate posters, featuring noisy, versatility, variety of levels internal and proven. Also the essence of European integration is marked by the formation of the European Communities to transforming them into the European Union and the transition to a new higher type of integration, estimated the use of certain elements of the international legal model of the European Union. Analyzing historical, political, social prerequisites of formation of supranational parliaments in the European Union and the Eurasian Economic Union, the author marks out both similar, and their various lines.Stand out general and particular features of legal regulation of activities of political parties in the legislation of the countries of the EEC and European Union. Analyzed the socio-cultural peculiarities of the formation of party systems in the countries of the EEC, the participation of political parties in elections to national parliaments.On the basis of the analysis of functions of the European Parliament offers on investment of the Euroasian parliament with representative and control functions express.The author comes to a conclusion that an optimum way of election of the Euroasian parliament is the proportional electoral system.
Russian Journal of Legal Studies (Moscow). 2018;5(3):73-79
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Novels of the Criminal Code of the RF on Liability for Abuses in the Performance of the State Defense Order: Problems of Interpretation and Application
Asnis A.Y.
Abstract
The article discusses the criminological grounds and background of the adoption of the Federal law of December 29, 2017 № 469-FZ «On amendments to the Criminal Code of the Russian Federation and Article151 of the Criminal Procedure Code of the Russian Federation», which introduced liability for abuse of power in the performance of the state defense order in the non-state sector of the economy (art. 201.1 of the Criminal Code) and for abuse of official powers in the performance of the state defense order, infringing on the interests of state power, public service and service in local governments (article 285.4 of the Criminal Code).Formulated private rules for qualif ying relevant crimes and distinguishing them from related crimes and administrative offenses. The controversial and insuff iciently substantiated rule-making decisions underlying the short stories are investigated.
Russian Journal of Legal Studies (Moscow). 2018;5(3):80-92
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On the Issue of Criminal Liability of Personswith a Breakdown of Gender Identity (Transsexualism)for Their Illegal Acts
Khromova N.M.
Abstract
Recently in media the materials devoted to transsexuals, their life and social problems which at them arise often began to appear. Reaction of society to such persons generally negative, and legislative regulation of their rights is absent. Only at the end of 2017 the Ministry of Health of the Russian Federation has approved a form and an order of issue by the medical organization of the document on sex change according to which persons with disorder of gender identity (transsexualism) have the right to address to bodies the Registry office for entering of correction or change into record of act of civil status according to a psychological f loor. Before such persons are compelled was to live on old to documents that generated many questions including legal.So, in jurisprudence problems of a legal status of transsexual persons were repeatedly investigated, however the system analysis it is carried so out and wasn’t. Generally legal researches were conducted in civil aspect. A question of criminal prosecution of persons with the diagnosis «transsexualism» for the crimes committed by them and, respectively, departure of criminal penalties by them hasn’t been investigated.For the answer to the question posed the author of the real research has made an attempt to understand that«transsexualism» is understood as the diagnosis, whether the transsexualism is a mental deviation. The retrospective analysis of this phenomenon is carried out. Psychological criteria of this disease and stages of verification of the diagnosis are investigated.The conclusion has been drawn that violation of sexual consciousness meets also against the background of complete mental equilibrium, that is doesn’t attract insanity and, respectively, and doesn’t exclude criminal liability.Thus, the author comes to a conclusion that the transsexual person can be brought to trial for the crime committed by him irrespective of the fact which f loor such person was at the time of commission of illegal act.
Russian Journal of Legal Studies (Moscow). 2018;5(3):93-101
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Fair Judgment as a Method of Countering the Color Revolutions
Tymoshenko A.A.
Abstract
In the article, based on an analysis of the mechanisms of committing «soft coups» or color revolutions, their main reason is revealed - the artificial intensification of the atmosphere of intolerance and hysteria in society. Under these conditions, the only way to avoid escalation of tensions is to build a truly fair court system. In particular, this statement is true for the organization of criminal proceedings, since it is when identifying, investigating and resolving them that reveal the most intimate thing that a person has - his life, health, personal integrity, the need for normal socialization and economic well-being.The author analyzed the key conditions for creating in the eyes of the public the authority that judges need to assess them as a center for making decisions necessary for society.Only legal methods can achieve the creation of a welfare state.
Russian Journal of Legal Studies (Moscow). 2018;5(3):102-105
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Problems of Using Special Knowledge in Criminal Proceedings and Ways to Solve Them
Antonov O.Y.
Abstract
In article actual problems of using of the conclusions and evidence of specialist parties and the court, appointment of judicial examination before initiation of criminal case, including problems realization of related innovations of the Criminal Procedure Code of the Russian Federation; the proposals on improvement of legislation, law enforcement practice.
Russian Journal of Legal Studies (Moscow). 2018;5(3):106-110
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Forms of Implementation of the Judiciary in Criminal Proceeding in the Context of the Procedural Status of the Courtas a Participant in Criminal Proceeding
Lutsenko P.A.
Abstract
The article examines the procedural status of the court as a participant of criminal proceedings taking into account the specifics of its legal position and the functions to be implemented. The legal status of the court in criminal proceedings by the absence of public or personal interest in the outcome of the criminal case, which not only predetermines the adversarial form of the proceedings, but also guarantees the independence of the judicial authorities in the exercise of justice. The author concludes that the concept of «court» is collective, since on the one hand it is a state institution entering the judicial system, on the other hand - the judge is the bearer of power, considering the criminal case on the merits and decisions provided by law.The judicial system has a sign of instancionnosti, due to its internal hierarchical structure. The existence of judicial bodies predetermines the movement of criminal proceedings, is a structural mechanism for the implementation of the function of internal judicial control and supervision, and also protects the rights and legitimate interests of participants in the criminal Legal proceedings and other interested persons. The powers of the court are considered from the standpoint of the functional criterion, namely: the resolution of the criminal case on the merits; monitoring of the activities of the preliminary investigation bodies; consideration of complaints on actions (inaction) and decisions of officials, conducting proceedings in a criminal case; response to violations of the rights and freedoms of citizens, the principle of legality, established circumstances, which contributed to the commission of a crime by making a private determination or decision, in the course of criminal proceedings.
Russian Journal of Legal Studies (Moscow). 2018;5(3):111-119
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Economic Crime or Offence: Search for Criteria of Distinction
Hilyuta V.V.
Abstract
Research objective is search of effective criteria of differentiation of crimes and offenses. In article features of maintenance of essential elements of offense and offense are revealed. Special attention is paid to a concept public danger and to its substantial signs. Features of manifestation of public danger in subject to encroachment, a way of commission of crime (offense), the caused damage, fault and the sanction of precept of law are considered.By the author it is noted that the public danger can’t be effective and reliable criterion of differentiation of administrative offense and crime. On the example of the bans which are contained in the Criminal code of Russia ( further - СС) and the Code about administrative offenses of Russia ( further the Administrative Code) has shown efficiency of degree and the nature of public danger of the acts made in the sphere of economic activity. It is noted that now the side between economic crimes and offenses is almost not audible. The author makes a hypothesis that neither substantial characteristics of public danger, nor character and degree of public danger are able to predetermine qualitative characteristics of the made act and on this basis to carry out clear split of crimes and offenses (administrative offenses). Search of criterion of differentiation of crime and offense doesn’t come down only to material structure - public danger. Doctrinal approach to permission of the real problem indicates that facet distinctions are not in the field of substantive law, and beyond his limits and can be explained with the only contents of the legal policy pursued in the state. Scope: law, law-enforcement practice, law-making, lawmaking.
Russian Journal of Legal Studies (Moscow). 2018;5(3):120-129
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Separate Subjects of Application of Special Knowledge in the Criminal Process of Russia (by the Example of a Teacher, Psychologist and Doctor)
Latypov V.S.
Abstract
In the present article the author considers a procedural order of attraction and participation in implementation of justice of the expert persons (the teacher, the psychologist and the doctor) having the special knowledge interesting a consequence and court. On the basis of the carried-out analysis the author comes to a conclusion about inexpediency of a mention in the text of the Criminal Procedure Code of the RF of the doctor as certain participant of investigative action, and impossibility to level in the procedural plan of the teacher and psychologist to experts.
Russian Journal of Legal Studies (Moscow). 2018;5(3):130-133
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Collective and Multi-Subject Dominance in the Market: Problems of Legislation and Law Enforcement
Bashlakov-Nikolaev I.V.
Abstract
The article explores the concept of collective dominance, discusses the theory and practice of recognizing collective dominant position in the commodity market and abuse of collective dominant position in the commodity market, as well as the differences between collective dominance and agreements, coordinated actions restricting competition. The analysis of the doctrinal understanding of collective domination is carried out, the most significant judicial positions on issues of abuse of collective dominant position are summarized and studied. Conclusions and theoretical statements that can be used to improve legal regulation are formulated.
Russian Journal of Legal Studies (Moscow). 2018;5(3):134-145
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Vindication of a Share in the Right of Common Share Ownership and Some Features of the Reclamation of Common Property
Zarubin A.V.
Abstract
The article analyzes the problem of vindication of share in the common ownership, due to the fact that the object of vindication is the property, at that time, as a share - relative concept. This feature has forced practitioners to adapt replevin to the recovery of shares. The result was a claim of recovery rights to the share. The lawsuit, which restored the right to share, of course, necessary participants of civil legal relationship, but its effective application requires differentiation of the vindicatory claim, a claim of recognition of rights and other means of protection.When compared to the above method of protection, the author comes to the conclusion that the right distinction is based on the factor of possessions. If the owner of the share at the same time with her lost possessions, shall be declared replevin. If the owner has only lost the title, you can apply the claim of recognition of ownership. Fixed rule about the applicability of the claim for restoration of the right to a share is intended to demonstrate the possibility of protecting the rights of the owner of the share.In addition, the paper analyzes the possibility of vindication of the shares, if the assignment was accompanied by the seizure of possession by the other co-owner. The author points out that there are forbidden by law to reclaim the property from the owner, because each of the disputants is only the owner of the share. The owner of a thing is the team co-owners. The basis of the protected ownership is the established order of use or the agreement of the owner with a team of co-owners.At the same time the article reveals some peculiarities of claiming common property.
Russian Journal of Legal Studies (Moscow). 2018;5(3):146-150
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On the Consolidation in the Legislation of the Concept of Rational Use of Land
Lipski S.A.
Abstract
The article discusses how the definition of rational use of land is disclosed in the legislation, as well as how it corresponds to the more applicable at the moment the concept of improper use of land. This definition is important for land legislation and it was widely used in the Soviet period. But unambiguous def inition and at that time there was no.Conceptual-legally and comparative-legal methods are applied.Thus it is stated that as a result of changes of the land legislation of the last years the definitions in this area became worse that is fraught with negative consequences in law enforcement. In particular, gross violation of the rules of rational use of land plot entails a sanction in the form of the possibility of seizure of land plot from its owner. The author for the first time analyzes these issues in conditions of exclusion in 2016 from legislation the majority of the norms with mention of improper use of land. The author of article suggests either to return in the Land code the corresponding definition, or (which is better) to disclose the concept of rationality in the Federal Law «About Land Use Planning». According to this law, the maintenance of land use planning includes activities for the study of land, planning and organization of rational use of land and their protection. Therefore, the essence of rational and improper use of land must be defined in this Federal Law. Since its adoption in 2001, the Federal Law «About Land Use Planning» has acquired a reduced form. So geodetic and cartographic works, territorial land management is no longer in it. Land plots, zones with special conditions of use of territories and territorial zones already are no its objects. Therefore, a new version of this law is necessary.
Russian Journal of Legal Studies (Moscow). 2018;5(3):151-155
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Corruption and Legalization of Illegal Revenue: Legal and Political Applications Aspects of Evaluation and Reaction
Okhotsky E.V.
Abstract
The article is not a classic scientific review of the monograph, but a kind of reflection in connection with the publication of the book devoted to one of the relevant for science, modern political reality and public management practice of research problems - the problem of combating corruption and combating the legalization of illegally obtained income. Any action aimed at concealing the criminal nature of their origin, as well as the use of illegally obtained income without attempts to give their origin a seemingly legitimate form, is classified as laundering of illegal income. The leading motive of writing the article was that the reviewed edition presents the author’s concept of a comprehensive study of domestic and international problems of combating corruption and combating money laundering. Domestic and foreign historical experience and modern most effective anti-corruption practices, as well as legal mechanisms, political means, financial and economic instruments used in the practice of fighting elite corruption are studied. Particular attention is drawn to those used in the practice of joint actions of government agencies, civil society institutions and corporations. Key concepts of the research context: corruption is abuse of social and legal status in the interests of self-interest; illegal activity (action or inaction) is the use of status powers in order to obtain property or non-property benefits, benefits and advantages; greed is a motive characterized by the desire of the subject to extract material or other benefits, to enrich or enrich others by illegal immoral; legalization is illegal criminal activity in order to give legal character to the possession, use and disposal of income obtained illegally in the context of their political, legal, material and procedural aspects. Political problems of combating corruption are understood as problems of combating the practice of self-serving use of power, which is incompatible with the normal. Modern categorical apparatus, methods of system analysis, comparative, retrospective and evolutionary approaches allowed the author to realize his main research goal is to develop a set of theoretical provisions and practical proposals, which together represent the modern concept of the optimal model of interaction between the state and corporations in the practice of combating corruption.
Russian Journal of Legal Studies (Moscow). 2018;5(3):156-163
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Review-Reflection on the Work Bochkarev S. A.«The Philosophy of Criminal Law: the Question»
Hilyuta V.V.
Abstract
The article proposes a correlation of criminal law and philosophy for legal compatibility and scientific ref lection. Based on the monograph by S. A. Bochkarev «The Philosophy of Criminal Law: the Question» is analyzed the current state of criminal law in a philosophical aspect.The article is devoted to the question of philosophical understanding of criminal law. The author considers criminal legal issues in the context of the philosophical method of cognition, critically evaluates the postulate that such modern philosophical directions as hermeneutics, synergetics, the phenomenon of virtual reality as opposed to positivism have a great heuristic potential current paradigm of Russian criminal law. Rational and critical consideration of the provisions of monographic work S. А. Bochkareva puts on the agenda of the day the question of the importance of the inf luence of philosophy on solving problems of law, including criminal law. The arguments for and against such an approach are given.
Russian Journal of Legal Studies (Moscow). 2018;5(3):164-171
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Legal Ideology and Law as Ideology. Review of the Monograph by Klimenko A. I. «The Legal Ideology of the Modern Politically Organized Society». (Moscow: Norma, 2017. 384 p.)
Robertson A.
Abstract
This is a review of the monograph «The Legal Ideology of a Modern Politically Organized Society» by Professor Alexey Ivanovich Klimenko. In the article the author’s approach to the definition of such a social phenomenon as legal ideology, to the study of its structure and functions, as well as the indirect concept of the author’s understanding of law is assessed, the author’s methodology is evaluated as are the perspectives of his research.
Russian Journal of Legal Studies (Moscow). 2018;5(3):172-176
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