Vol 5, No 2 (2018)

Articles
Legitimacy of Law: Design and Measurement
Chestnov I.L.
Abstract
Legitimacy is the ground of society. However today in all world founded crisis of society confidence. It connected with social world uncertainty. Problem of legitimacy of law is very actual in jury science. Legitimacy like recognition is the essential basis of the rights. Legitimacy of law is social construct, produced by government. Measure of legitimacy of law possible only by illegitimacy of legal relations, legal institutions, legal system indicator.
Russian Journal of Legal Studies (Moscow). 2018;5(2):9-15
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Legitimation of Law in Traditional Societies:the Institutional Aspect
Lomakina I.B.
Abstract
The author of the article shows the features of legitimation of right in traditional societies. Binds legitima tionto the institutional process on the whole and by legal communication in particular. The special value acquires asociocultural context that coms forward in unity objective and subjective moments of existence of man (societies).
Russian Journal of Legal Studies (Moscow). 2018;5(2):16-23
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Legitimation of Law by Aesthetic Means
Glukhareva L.I.
Abstract
The article deals with procedure of law legitimation made by esthetic means, including such field of art as painting. Law legitimation is deemed as justification, substantiation and approval of law. It is argued that esthetic legitimation of law is conceivable as the law being deemed as behavior regulator bears the external form. Esthetic valuations from the point of view of manifestation beauty or moral turpitude is applicable to any objects endued with physical form. Art can legitimate the law due to mechanisms of forming of «approving consciousness», as well as clearance (cathartic) function. It is affirmed in the article that the main mean of esthetic legitimation of law is word picture having some special qualities which are significant in the context of the problem under study. Some characteristics and qualities of word picture are listed in the article; such characteristics and qualities are illustrated by references to pictures and lithography of the best-known pointers. Psychologic process of law legitimation is provided by scheme accenting following steps of word picture inf luence on human unconscious mind, preconsciousness and consciousness: impression - affection of imagination - emotional experience - formation of emotion response. Such mechanism of delivery of artists’ views, ideas, attitudes, senses towards legal reality to viewers thanks to L. N. Tolstoy’s ability is termed «contagion». Some problems of esthetic legitimation of law are further indicated. In conclusion it is resolved that procedure of law legitimation by esthetic means counts mainly on emotion and sense component of human consciousness whilst other forms of legitimation ( for example, legal legitimation) primary activate cognitive and intellectual mechanisms.
Russian Journal of Legal Studies (Moscow). 2018;5(2):24-32
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Exceptions to Law as a Means of Ensuring Its Legitimacy
Sumenkov S.Y.
Abstract
The article reveals the relations between two phenomena of legal reality: the legitimacy of law and exceptions to the law. The author agrees that the legitimacy is the most important feature of the right, indicating the recognition of both the right itself and its regulatory impact by the majority of the population. The legitimacy of the law is achieved through its effectiveness, especially speed and differentiation. But the main quality that contributes to the legitimacy of law is the possibility of coordination of different-vector interests of numerous and heterogeneous subjects of social relations. The main role in solving this problem is played by exceptions to the law, which offer a different, compared with the General version of regulation, without destroying the standardizing effect of legal regulation.
Russian Journal of Legal Studies (Moscow). 2018;5(2):33-39
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The Mechanism of Revealing Social Claims as a Condition for the Legitimacy of Legislation
Smirnova M.G.
Abstract
The article investigates a mechanism to identify social demands in the law. It is concluded that the creation of a comprehensive mechanism to identify social claims is one of the conditions for the legitimacy of the legislation. The social claims enshrined in the law must be consistent with the historical traditions, culture, socio-economic and political situation, as well as the expectations of the population. An effective mechanism for identifying and further consolidation of social claims in law is a criterion of the ability of the right to act, to be embodied in a specific relationship, helping to overcome the path from design to result.
Russian Journal of Legal Studies (Moscow). 2018;5(2):40-47
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Legitimacy of the Judiciary in the History of the Russian Court (on the examples of Evolutionary and Revolutionary Transformations of the 18th and early 20th centuries)
Efremova N.N.
Abstract
In the article the author considers the stages of modernization most significant for the national justice: during the reforms of the 18th century, the 19th century, and the October Revolution of 1917. As history shows, revolutions and evolutionary reforms are the two main forms of development of nature and society, including state and legal institutions. Important in these cases is the legitimation, which can provide previously acquired or newly created stability and social utility.The court is an important element in the political and legal systems. As the author demonstrates, the change in the latter invariably entails a change in the former, primarily because he performs law enforcement, human rights and law enforcement functions in the legal model of statehood and, accordingly, law enforcement, law enforcement and law enforcement functions in non-legal, totalitarian, for example, statehood models various historical eras. The development of a court like any other socio-political institution can take place either in an evolutionary or revolutionary way: as a general rule, the former presupposes reforming or improving the old one, while preserving the traditional traits, while the second involves breaking the old one and creating a new one radically different from the former, but at the same time not necessarily progressive.Comparing the two versions of the revolutionary in essence and the results of the transformation of the court in the domestic history, the author concludes: in the first case, the reforms of Peter I corresponded to the task of its modernization and were sufficiently conditioned by the tendencies of not only political, but also economic, social and cultural development of Russia, although and a few ahead of them. In the second example of the post- October revolutionary breakdown of the progressive, in fact, court, the new court did not correspond to the features and qualities of the proper organization of justice, but was conditioned and substantiated by the interests of the new ruling class and the Soviet socialist state, whose task is precisely their expression and protection.
Russian Journal of Legal Studies (Moscow). 2018;5(2):48-53
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Explanation of Law in the Interpretation of Postmodernism
Sorokin V.V., Kutyavina M.N.
Abstract
The article analyzes the reasons for neglecting the truth in the process of interpreting the rights and opportunities for a way out of the crisis of modern jurisprudence. The actualization of the spirit of law makes it possible to correctly prioritize conf licts of legal values. The hierarchy of values in law presupposes respect for truth. But postmodern, in fact, rejects the desire for truth, he is interested in the multiplicity of approaches as such. The authors of the article note the dangers associated with the dominance of postmodernism in the legal process. Globalism exaggerates polysemy in jurisprudence, that is, a variety of meanings and content. Such a polysemy is not justified by circumstances of an objective order. The globalizers of the world need ambiguity of law in order to maintain and aggravate the problem of interpreting (interpreting) the law, due to polysemy in any norms and principles, you can make a different meaning, for the time being without specifying it. And then act on the situation, guided by considerations of benefit. The well-known concept of hypocrisy is derived from polysemy. Jurisprudence serves the world, the main characteristics of which are decentralization, fragmentation, pluralism, eclecticism, multiplicity, uncertainty, discontinuity, volatility, etc. For the philosophy of postmodernism, the outlook does not come to the forefront, but the worldview, that is, rationality and sensuality, change places: a logically formed paradigm gives way to emotional reactions. Postmodernists, as a fighting unit of globalism, consider it impossible and useless to try to establish any hierarchical order or any system of priorities in life. If they allow the existence of a model of the world, then it is based only on entropy, on the equiprobability and equivalence of good and evil, of all constitutive elements.
Russian Journal of Legal Studies (Moscow). 2018;5(2):54-57
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Representation of Expert Knowledge in the Legal Field and the Problem of Legitimacy of Legal Decisions
Maslovskaya E.V.
Abstract
The article demonstrates the possibilities and limitations of different theoretical and methodological approaches to the study of interaction of forensic experts and jurists. The author substantiates the relevance of combining the concept of «working group» and Bourdieu’s theory of juridical field for problematizing the legitimacy of legal decisions in the context of representation of expert knowledge in legal proceedings. This approach allows us not only to analyze the process of circulation of expert knowledge but also to take into account the structural context of interaction of forensic experts and jurists revealing the interests, strategies and tactics of various actors. The article emphasizes the need for conducting empirical sociological research focused on entanglement of dispositions of actors and their positions in social space. The author’s approach allows to reveal the strategies of using expert knowledge for legitimization of legal decisions. Interviews with participants in legal proceedings confirm that pre- judicial «working groups» are characteristic for the system of criminal justice in Russia. The persistence of relations between participants of a pre-judicial «working group» is defined by institutional interdependence of organizations which they represent and by informal relations. The differences between «working groups» are based on such factors as the scale of urban space and the degree of diversification of the market of expert services.
Russian Journal of Legal Studies (Moscow). 2018;5(2):58-66
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Legitimacy and Effectiveness of Law:to the Question of Concepts, Their Content and Relation
Golenok S.G.
Abstract
The article deals with the problems of approaches of the modern doctrine to the concept of «legitimacy of law», the ambiguity of which is dictated by the variety of existing types of law, the multiplicity of factors that determine the content of law. At the same time, the search for legitimacy criteria in the future should become the basis for the formation of a constructive model of interaction between the state and society, ensuring the proper state of public order. The most preferable approach to the assessment of law is the use of the concept of «efficiency», which in the domestic science is devoted to a lot of scientific work. The analysis of approaches to the essence of the effectiveness of law, allows to determine its criteria, quality certainty, which include the following: the expression and consistency of social interests in the legislation, the quality of normative legal acts and legal norms and normative activities, the achievement of the objectives of legal regulation, including in the form of desired changes in the social sphere, the feasibility of legislative decisions through multi-option and proportionality of social goals, norms and legal means to achieve them, provision of the right to an effective system of justice and other law enforcement agencies. In addition, the factors that inf luence the effectiveness of law are important: the economic development of society and its cultural development, internal and foreign policy, national and ideological, social and psychological. Of particular importance is the study of factors affecting the effectiveness of the legislation of the Federal state. It is emphasized that the combination of factors with their constant changing ratio (by prerogative and scope of inf luence) largely determines the development, including the rule-making of the Russian Federation.
Russian Journal of Legal Studies (Moscow). 2018;5(2):67-78
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Legitimizing Force of Great Narratives in the XXI century
Samokhina E.G.
Abstract
This article is devoted to the study of the concept of «great narratives» and their implications for legal philosophy and legal science in the 21st century. The author analyzes the concept of great narratives and the concomitant ideas of unity and totality, given by J.-F. Lyotard, and compares them with similar ideas put forward by other philosophers, in particular, Ch. Perelman. The author also makes an attempt to investigate the argumentation system proposed by J.-F. Lyotard in return for the use of great narratives and evaluate this system in connection with its application in legal science. Noting the problematic approach of Lyotard, within the framework of which, when we refuse the «terror» of great narratives, we find ourselves in a situation where there are no criteria and norms for making decisions, the author of this work acknowledges the contribution of this approach to the development of legal argumentation. This system rests on the important premise that homogeneity and integrity of society is a (dangerous) illusion, which should be eliminated, and in return it is necessary to recognize the right of different groups within society and even separate individuals to be different and to create their own narratives of justice. Of course, this approach is complex and full of contradictions, and the thoughtless introduction of proposals made by J.-F. Lyotard in the legal practice in its original form would be an unjustified step leading to arbitrariness and disorder. However, it seems that some of the provisions of his theory ( for example, the uniqueness of each dispute, the need for argumentation, etc.) could be used in making legal decisions, like the main premises of his theory.
Russian Journal of Legal Studies (Moscow). 2018;5(2):79-85
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Legitimacy as a Legal Category: Justification of the Concept
Denisenko V.V.
Abstract
The article analyzes the category of legitimacy as a term of legal science. The main approaches to the legitimacy of legal norms are revealed. The author of the article substantiates the approach to legitimacy as an essential characteristic of law. The legitimacy and legitimacy of law are characterized as distinct from the legitimacy of political institutions. The legitimacy of law characterizes the essence and effectiveness of law, so it cannot be reduced to legality. In legal science it is necessary to allocate traditional and rational legitimacy. Keywords: legitimacy of law, legality, essence of law, effectiveness of legal regulation, formal equality, legitimacy of law.
Russian Journal of Legal Studies (Moscow). 2018;5(2):86-89
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Legitimacy of Power: the View of French Liberalism in the second half of the XIX century
Bochkarev S.V.
Abstract
The problem of the legitimacy of power is of great interest, both in domestic and in French legal science. In France over the past two centuries, there have been five republics, two empires, and various transitional regimes and forms of government. The end of the XVIII - first half of the XIX centuries in France is characterized by the most frequent changes in the state and legal sphere, which caused increased attention of researchers to the legitimacy or legitimacy of power. The contribution of representatives of the French liberal school of the second half of the XIX century is noted in the article in the development of the concept of legitimacy of power. The main approaches to this problem of the most prominent representatives of the French liberal school have been analyzed, whose work was significantly inf luenced by the conceptual formation of the concepts of legitimacy, in particular, and the legitimacy of power in general. It is noted that representatives of French liberalism of the second half of the nineteenth century considered the legitimacy of power in the discourse of the idea of justice, emphasizing the three elements that should be embodied in the state, which in turn should ensure the legitimization of power.
Russian Journal of Legal Studies (Moscow). 2018;5(2):90-94
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The Materialization of Law and the Problem of Legitimacy
Belyaev M.A.
Abstract
The article gives the def inition of the process of materialization of law; the author proves that the materialization of law is creative, communicative and ambivalent in epistemic and axiological senses. It is justified that the legitimacy of the law and the legitimacy of power in the late modern society not only do not coincide, but also diverge until confrontation, because the rationalization of society is fragmentary, and the national sovereignty does not help to gather these fragments together. In this sense, external materialization can have a constructive effect on the legal order in some countries.
Russian Journal of Legal Studies (Moscow). 2018;5(2):95-100
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Legitimacy of Law in the Context of Competition of Identities and Multiculturalism
Isaeva N.V.
Abstract
The article analyses the factors and preconditions that complicate the law legitimation processesin the context of global migration and the modern states’ multiculturalism policies based on the statist- paternalistic approach, which gives rise to social parasitism and conf licts, as well as to the identities competition, particularly the one of the religious-ethnical and legal identities. The legal identity differs from the religious one in the fact that the former is oriented to the legal system and society as a whole, and the latter - to a part of the society, which may give rise to a social conf lict and confrontation of different communities and the whole society. In order to overcome this kind of competition, the author substantiates the necessity of methodology and practices based on the recognition of a person’s ability to develop and assimilate the values and senses inherent to the law, to use them for self-understanding, personal fulf illment and achieving his o her legal identity - that is, the legal characteristic which excludes the criminal misbehavior as a factor infringing upon a person’s integrity and self hood, and, at the same time, a factor which provides the legal order stability and legitimacy of the law.
Russian Journal of Legal Studies (Moscow). 2018;5(2):101-109
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Legitimation in the Context of the Mechanism of Self-Regulation of Law(for Example, the Law of Public Status of a Citizen)
Krupenya E.M.
Abstract
In the article the phenomenon of legitimization is investigated in the context of the law self-regulation mechanism. According to the author, he is the first and basic level of the social and psychological mechanism of the law, ensuring its effective functioning in the society (reality). The methodological basis of such ref lection is chosen by the type of doctrinal worldview (legal understanding), which interprets it as a regulatory complex with a complex ontological structure: normative and psychological-value. For such a regulatory complex as the right through is the subject of the subject, and the unique subjective reality of the person, its structures, their states.This approach in the analysis of the phenomenon of legitimization law-the process of giving the right of its strength, the establishment of its authority and prestige through recognition, which is the reason for the legitimacy of the law, causes it to life, determines, produces this ontological the property allows, first, the problematize of the subject itself and the interaction of the subjects in the process of the right; secondly, take into account in the analysis that legitimation manifests itself in mass practices of legitimate behavior of the subjects, the motivational sphere of which includes the metaphysical-value bases of the right; third, to analyze the modern interpretations of the legal consciousness in the structures of which the image of the actor is formed, exposing the criticism established in the scientific discourse opinion about the «purity» rational in the structure of the consciousness and its isolation from others. Elements of the psyche, in particular from the unconscious components (on the example of suggestion). The theoretical aspects of the topic of legitimation in the context of the self-regulation mechanism of the law acquire heuristic appeal, due to the access to the material of public law branches and research of social-legal phenomenon status public law in the national legal system.
Russian Journal of Legal Studies (Moscow). 2018;5(2):110-117
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Legitimacy, Recognition, Validity and Abolition of Legal Norms in Legal Usage
Antonov M.V.
Abstract
The present paper has as its object the investigation into meanings of propositions about legitimacy of law and their possible conceptual interconnection with propositions about validity of law. The paper analyzes the genesis of the legitimacy discourse in law, the criteria of recognition in law and their significance for defeasibility of particular norms of law as a way of «delegitimating» these norms. The author examines whether and under which circumstances binding force of law can be dependent on legitimacy of law and on recognition of law by its addressees. The author points out at some conceptual problems that arise in the connection with discussions about the recognition of law considered as a foundation of its binding force. Different meanings of the concepts of legitimacy and recognition in legal parlance are analyzed, as well as various situations in which a proposition about legitimacy of a legal norm or of a legal system might have effect on validity of such a norm or a system. It is underscored that an indiscriminate use of the concept “legitimacy” in propositions about validity of legal norms can result in violations of such norms by their addressees because of the alleged illegitimacy of these norms. The variety of meanings of the expression «legitimacy of law» requires from lawyers to be critical and to assume responsibility against attempts to deny validity of legal norms because of their supposed illegitimacy, what is not a rare situation in such branches of law as international or constitutional law. Otherwise, language games with ambiguous notions might result in unjustified denial of binding force of norms of public law and, consequently, in undermining the rule of law.
Russian Journal of Legal Studies (Moscow). 2018;5(2):118-124
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Formation of Real Legal Regulationin the Practice of Criminal Procedure Law
Shadrin V.S.
Abstract
The article explains the recognition of the criminal procedure law as the only source of criminal procedural law, examines the content of legal regulation in criminal cases as part of legal norms, legal relations and individual requirements, demonstrates how the model of criminal proceedings, fixed in the criminal procedure law, turns into a real criminal -process law.
Russian Journal of Legal Studies (Moscow). 2018;5(2):125-130
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Cross-Sectoral Nature of the Category «Damage» and Actual Problems of Interrelation of Civil, Criminal, Criminal Procedural, Arbitration and Budgetary Legislation of the RF
Kudratov M., Pechegin D.A., Trefilov A.A.
Abstract
The legal field frames social relations that arise and develop in modern society and the state. These or other legal relations are regulated, as a rule, by a specific branch of legislation, for example, budgetary, criminal, criminal procedural, arbitration, etc. Operating sometimes with the same legal categories, nevertheless, each of the branches of legislation can invest in the corresponding concept their especially, to introduce elements inherent only in this industry. This can easily be traced to an example of such a thing as currency. According to Part 2 of Art. 1 of the Federal Law of 10.12.2003 No. 173-FZ «On currency regulation and currency control» the institutions, concepts and terms of civil and administrative legislation of the Russian Federation and other branches of the legislation of the Russian Federation used in this federal law are applied in the sense in which they are used in these branches of the legislation of the Russian Federation, unless otherwise provided by this federal law. In other words, the concept of «currency» can have different meanings and, accordingly, will be treated differently within the framework of a specific branch of legislation.Meanwhile, such an approach can not be considered legitimate insofar as the different interpretation of the same term in different branches of legislation does not allow to fully realize the constitutional rights and freedoms of citizens. After all, branches of legislation do not exist in isolation from one another but are interrelated.The domestic law-enforcer, among other things, constantly starts with a category such as «damage». The article is devoted to the analysis of the problem of different interpretation of the category «damage» in relation to domestic and international legislation, and also discloses the problems of inconsistency of various branches of legislation. It is concluded that the person conducting the proceedings in the case can and is obliged, based on the analysis of the circumstances under consideration, to proceed from a comprehensive assessment of the category used in making the decision as applied to its understanding in aggregate in various branches of legislation. Besides it is necessary to create universal state data base for judges, prosecutors, investigators, etc., which would allow cross-sectoral free information exchange on the same subject.
Russian Journal of Legal Studies (Moscow). 2018;5(2):131-138
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The Sources of International Law Legitimacy
Petrova E.A.
Abstract
The article is devoted to the question of where the international law legitimacy comes from. The author analyzes the consensual sovereign volition of international law subjects (states, nations, international organizations) as the main source of its legitimacy. The specificity of legitimacy depending on the type of international law norms is indicated. Types of international law legitimacy in the context of its sources are distinguished. Positions on the question of criteria of the legitimacy are given. The author points out the interrelationship between legitimacy of international and national law. It is concluded that legitimacy is an essential feature of international law, since the source of international law legitimacy is the same as the source of the creation and mandatory of its norms, namely, the consensual sovereign volition of the participants of international relations.
Russian Journal of Legal Studies (Moscow). 2018;5(2):139-144
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The Process of Legitimation as a Precondition for International Legal Personality
Ampleeva E.E.
Abstract
The article examines some aspects of the recognition of states in the conditions of a globalizing world as a necessary element of legitimization of the international legal personality of participants in international legal relations.
Russian Journal of Legal Studies (Moscow). 2018;5(2):145-151
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Legitimation, Legitimacy and Legality of Law in the Chinese Legal System
Malysheva N.I.
Abstract
The article analyzes the problems of legitimation, legitimacy and legality of law in the light of the Chinese legal system. It is noted that the above theoretical and legal categories, which have been developed in the framework of various types of legal understanding, need serious clarification, taking into account the peculiarities of the Chinese political and legal reality. From the historical point of view attention is being paid to Confucianism and Legalism, which have laid the foundations of the Chinese legal tradition and are influencing China’s law system until now. The author is examining the possibility of further updating the ancient Chinese concept of the «Heaven mandate» in modern conditions. A significant place in the article is devoted to analyzing the role of the Chinese Communist Party in giving legitimacy to the legal norms established by the legislator. The author analyses the legal nature of the program documents of the Communist Party of China, emphasizes the existence of the suggestive elements of legitimization of laws being adopted in China. In conclusion the article focuses on the process of legitimization of one of the Constellations of the Constitution of the People’s Republic of China, which abolished the terms limits of the Chairman of the People’s Republic of China, and it sums up that the constitutional amendment was legal from the formal point of view.
Russian Journal of Legal Studies (Moscow). 2018;5(2):152-157
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Unfounded Accusations against Russia with «High Probability» in the Skripal Case as a Gross Violation of the Supremacy of Law
Jilkin V.A.
Abstract
The British accusing Russia of the use of the binary-type neuro-paralytic agent in «Skripal case» has resulted in publication by the British media of declassified materials and documents about the experiments on people in Porton Down secret laboratory from 1945, about the experiments in the 1960s on dispersal of bacteria in London Tube and in tunnels under Whitehall government buildings, as well as diffusion of military-destruction viruses and bacteria on the UK territory with the population of over one million people. The article analyzes the ethical and legal consequences of the British programme of biological and chemical warfare in the period between 1945 and 1989, on the basis of the declassified archives containing research materials on the biochemical weapons used over humans in Porton Down laboratory. The author refers to the materials of the hearings held at the British Parliament in 2005 and to the documented evidence of the victims of the secret military laboratory, as well as to the materials of experts in the sphere of medical ethics, British military experts and historians. The world faced the impunity on the part of the system of neglect of the international law, the international rules of conduct and the fundamentals of diplomacy. Accusing Russia of poisoning Russian citizens on the territory of the UK is considered as a violation of the principle of supremacy of law, of the right to fair trial, the presumption of innocence, which includes the right to collect evidence, access to primary and relevant evidence in accusation and inadmissibility of using unacceptable evidence.
Russian Journal of Legal Studies (Moscow). 2018;5(2):158-163
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Legal, Social and Economic Aspects of the Modern Territorial Structure of Local Government in the Subjects of the Russian Federation
Dementyev A.N.
Abstract
Results of the analysis of territorial transformations in the system of local government in the Russian Federation are presented. Need of introduction to the legislation of criteria (parameters) on the basis of which territories have to be formed and be defined borders of municipal units is proved. In total these parameters it is offered to allocate parameters of «order» and parameters of «subordination».
Russian Journal of Legal Studies (Moscow). 2018;5(2):164-174
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Freedom of Assemblies as the Guarantee of Civil Activity
Kuryachaya M.M.
Abstract
Based on the analysis of the current legislation, the article examines the opportunities of citizens associated with the implementation of civil activity as organizers and participants of public events. New forms of mass public activity are considered and proposals on their legal institutionalization are made.
Russian Journal of Legal Studies (Moscow). 2018;5(2):175-180
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On the Issue of the Concept of Prosecutorial Activity for International Cooperation in the Field of Criminal Justice
Agutin A.V., Kulikova G.L.
Abstract
The article is devoted to understanding the activities of public prosecutors on international cooperation in the field of criminal justice. Developed features of the concept of prosecutorial activities on international cooperation in the field of criminal justice. Formulated the author’s definition of the activities of public prosecutors on international cooperation in the field of criminal justice. The article is devoted to understanding the activities of public prosecutors on international cooperation in the field of criminal justice. Developed features of the concept of prosecutorial activities on international cooperation in the field of criminal justice. Formulated the author’s definition of the activities of public prosecutors on international cooperation in the field of criminal justice.
Russian Journal of Legal Studies (Moscow). 2018;5(2):181-186
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Information and Analytical Activities of the Russian Prosecutor’s Office: Genesis and Evolution
Khatov E.B.
Abstract
Generalizing the practice of the organization and implementation Russian Prosecutor’s activities since its inception to the present day, the author examines the information and analytical support as a factor in ensuring the unity of the prosecutorial system. It’s accentuated the role of information technology in this field.Proposed changes to the Federal Law «On Prosecutor’s Office of the Russian Federation» which can oblige the prosecutor to carry out information and analytical activities.A study of the genesis of the information-analytical activity and its organization to certain extents possible to look at from a new angle on the problematic issues of data collection, processing, analysis and uses of information by prosecutors.It is stated that the development of the prosecution affects the evolution of information-analytical component of prosecutorial activity.
Russian Journal of Legal Studies (Moscow). 2018;5(2):187-193
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The Activities of the Prosecutor’s Office to Ensure Lawfulness in the Implementation of State Cultural Policy
Lavrov V.V.
Abstract
In article the main directions of the state cultural policy are considered. The characteristic is given to the main activities of bodies of prosecutor’s office for law enforcement in the course of realization of the state cultural policy. It is shown that activities of bodies of prosecutor’s office of the Russian Federation for law enforcement in the sphere of culture are the most important instrument for ensuring of preservation of cultural property and cultural development of Russia now in interests of the real and future generations of the people of the Russian Federation that is caused by possibility of use by bodies of prosecutor’s office of powers inherent in them and legal means. The conclusion about possibility of inclusion of activities for law enforcement in realization of the state cultural policy in the Russian Federation to number of the priority directions in activity of prosecutor’s office of the Russian Federation is drawn.
Russian Journal of Legal Studies (Moscow). 2018;5(2):194-199
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Social Orientation of the Prosecutor’s Supervision
Kolesov M.V.
Abstract
The article examines one of the possible ways to optimize the activities of the prosecutor’s office in one of the most priority areas of prosecutorial activity - the protection of small and medium-sized businesses, as well as labor rights of workers, in particular, the right to timely and full payment of labor. The social importance of observance of labor rights and the orientation towards the development of small and medium-sized businesses are not subject to challenge and are emphasized by the President of the Russian Federation. The author justifies the need to introduce new approaches in the activity of the prosecutor’s office in these branches of legal relations, proposes a fundamentally new socially-oriented model for the implementation of prosecutorial supervision and the adoption of measures for prosecutorial response.The prevalence and scale of violations committed by controlling bodies in relation to small and medium-sized businesses, and the latter - with respect to their employees should be identified as one of the most important problems of modern Russia, which has an extremely negative impact on the country’s economic development and the social well-being of the population. Taking into account this vector, it is justified to make proposals on changing and improving the current legislation, which can contribute to the timely elimination of the revealed violations of the law, and also effectively carry out the preventive function. Apart from this, what is especially important, the proposed novels take into account the individual characteristics of small and medium-sized businesses, in particular their reputation as employers for a wide range of people in respect of the observance of the rights of employees in the course of their commercial activities for timely and full pay. The recommendations also help to save budget funds and improve the social and economic situation in the country.
Russian Journal of Legal Studies (Moscow). 2018;5(2):200-204
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The Axiology of «Metaphysics of Economy» according to S. N. Bulgakov or in Search of a State-Legal Ideal
Popova A.V.
Abstract
At the present stage of globalization development, the priority in the world economic system remains for the industrialized countries over the so-called agricultural countries. This state of Affairs was justified in the theory of political economy, which became widespread during the XVIII-XX centuries on the basis of comparative historical and comparative legal analysis of the works of the famous philosopher of law, economist, a prominent representative of the idealistic direction of the Russian neoliberal political and legal doctrine of the turn of XIX-XX centuries. Sergey Bulgakov, the author substantiates the need to address his agrarian theory of the world economy. S. N. Bulgakov opposes his own philosophy of economic management, based on the idea of the finiteness of the industrial stage of human civilization and the return to the nature-saving stage. According to him, the industrial stage leads to a decrease in the fertility of the earth, which, in turn, «triggers» the depletion of natural resources of the world. The philosophy of management («sofiology economy») is, on the one hand, in its materiality, as a result of the development of the world, and on the other - as God’s grace, the remuneration of man for his earthly Affairs. In contrast to the Marxist theory of labor value, the philosopher of law proposed a physiocratic theory of rent, suggesting pricing policy on the part of the agricultural sector of the economy. Unlike the theory of political economy, where industrial countries occupy an excellent position in front of agricultural countries, agricultural theory S. N. Bulgakov recognizes the priority of those countries in which there is no effective regulation of the agricultural sector. The author concludes that it is necessary to revise the role of countries engaged in agricultural production, and especially Russia in the world economy, based on the philosophical and legal heritage of S. N. Bulgakov.
Russian Journal of Legal Studies (Moscow). 2018;5(2):205-209
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Professor A. S. Yaschenko as a Champion of Natural Law and a «World Reformer»
Kunitsyn A.S.
Abstract
In the article, on the basis of the analysis of works, attraction of memoirs, periodicals, a wide range of scientific literature, application of various methods of legal knowledge, an attempt is made to reconstruct the creative way of the outstanding jurist A.S. Yaschenko, to determine his place in the history of domestic legal science, to assess the state and prospects for further research of his personality and creativity. The main directions and results of his scientific activity, the core direction of which was the search for social and legal ideal, are revealed. It is noted that this ideal was found by him in the idea of social solidarity, arising from the law of mutual dependence of society and expressed in the requirement of its reasonable organization, including the construction of a system of law based on respect and implementation of this idea. It is emphasized that the principle of public solidarity was put A.S. Yaschenko’s approach to the scientific development of various political and legal problems, especially the problem of natural law, in which he just saw the system of norms arising from the principle of social solidarity and can serve as a criterion for assessing positive legislation. The evidence of his merits in the understanding of the idea of social solidarity, in the development of Russian natural law thought, in the substantiation of the synthetic theory of law and the state, as well as a synthetic approach to the study of legal problems, in the identification of the objective relationship of law and morality, in the development of conceptual and methodological foundations of the Attention is paid to the growth of public interest in the idea of natural law and the need to return to it at a new level of understanding and adaptation to modern realities. As a result of the study, the author makes a reasonable conclusion about the modernity and relevance of A.S. Yaschenko’s scientific heritage for the successful solution of modern problems facing the Russian society and the science of law.
Russian Journal of Legal Studies (Moscow). 2018;5(2):210-218
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