Vol 6, No 1 (2019)

Articles
State of Independence Institutes of Justice in the Russian Federation: Sociological Research
Bochkarev S.A.
Abstract

This article is devoted to the study of the results of the sociological state of the domestic justice system. The relevance of the study is due to a number of fundamental factors. First, justice is an integral and integral part of the ontological basis of any civilized society. It is called upon to serve society as clamps and ensure its internal stability by reducing the level of antagonism and fair resolution of conflicts. Secondly, justice as the key value of society works on protecting its ideals and the idealization of society itself, serves as a motive for self-criticism and a mechanism for self-improvement. Thirdly, according to the level of independence and independence of the justice system in the modern world, it is estimated the development of society and its institutions, the culture of its goals and the values professed.

By virtue of the noted fundamental factors, the Laboratory of Political and Legal Research of Lomonosov Moscow State University was developed, and the Russian Foundation for Basic Research supported a scientific and sociological project to obtain objective and reliable information about the state of the domestic justice system. At the same time, a new feature of the project was the proposal to explore the topic “from the inside”, in contrast to other projects, to generalize and analyze the opinions of the main subjects of justice on the level of their own independence and independence as the center and structure-forming elements of the system.

Thus, the fundamental scientific task of research is in the knowledge of the “internal” laws of the functioning of the domestic justice system and the mechanisms for its adoption by the main representatives of law enforcement decisions in Russian realities. In this regard, for the first time, an attempt was made to conduct a focused and full-fledged study of the state of independence of law enforcers through clarification of their internal well-being and attitude to power, public opinion, the media, their own leadership and professional environment.

Taking into account the task, specialists initially developed a set of indicators for measuring the state of independence of investigators, prosecutors and judges, as well as criteria for assessing the level of pressure on them and interference with their procedural activities. Then, a large-scale sociological survey of officials at various levels, directly carrying out the law-applying functions in the system of judicial authorities of the Russian Federation — judges, prosecutors and investigators. According to the results of the analysis and formulated findings of the survey.

As part of the survey, more than 800 law enforcement officers of the Russian Federation were interviewed: judges, prosecutors and investigators from different regions of the country.

The author has formulated conclusions on the results of the study.

Russian Journal of Legal Studies (Moscow). 2019;6(1):9-24
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On independence, impartiality and justification of judicial power
Smirnov A.V.
Abstract

The article considers the principle of independence of the judiciary as one of the guarantees of its objectivity and impartiality, and at the same time as the primary task of the judicial policy. A dangerous decline in the level of public confidence in the judiciary is signaled. The theoretical basis for the proposed solutions in the article is the doctrine of the adversarial proceedings and the idea of the judiciary as a mediating link between the state and civil society. The method of achieving this goal is: the formation of an effective content of the judiciary; ensuring due process of law; establishing effective civilian control over the judiciary. It is argued that the role of the trigger for this can be accomplished by four primary measures: the establishment of bodies whose collective name is “magistracy councils” for the formation of an independent judiciary, bringing together representatives of civil society and the state; a significant increase in the jurisdiction of the jury court so that every criminal case (perhaps, with the exception of cases of crimes of a small public danger) can be considered at will of the accused with their participation; democratization of the institute of justices of the peace, which are considered “miniature jury”; the introduction in the criminal process of the institute of investigative judges, whose main task, subsidiary to the activities of the parties, is the legalization (almost exclusively at the request of the parties) of judicial evidence and the decision on the possibility of committal the case to court.

It is proposed to increase the motivation of citizens to participate in the consideration of criminal cases as jurors, namely, by establishing additional lists of candidates for jurors, formed through voluntary initiative inclusion of candidates in it (self-recording) through the use of electronic resources.

Compared to other publications devoted to the issue of judicial independence, this article proposes a new approach to its solution, based not on strengthening bureaucratic control over the activities of judges, but on maximizing the democratization of judicial activities, in a certain sense “denationalizing” in favor of civil society.

Russian Journal of Legal Studies (Moscow). 2019;6(1):25-31
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Ensuring the independence of judges as one of the foundations of judicial reform
Shadrin V.S.
Abstract

The article considers the prerequisites and results of the reform of the Russian judicial system in 2018-2019, the justification and implementation of which took into account the need for greater independence of judges as a prerequisite for the fairness of court decisions. The correlation of concepts and properties of the court and the judiciary is analyzed. Attention is drawn to the importance of creating the necessary conditions for the “external” and “internal” independence of the court. There is a continuing problem of ensuring the independence of judges in criminal proceedings.

Russian Journal of Legal Studies (Moscow). 2019;6(1):32-37
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Procedural independence of the court: the thorny way from communist myths to the objective reality of Russian justice
Kovtun N.N.
Abstract

In the context of substance and consequences of the constitutional principle of the court’s independence the author through the analysis of the final acts of judicial power (judicial precedents and acts of judicial interpretation of law, objectified as the resolution of the plenum) probes the current state of Russian justice alleged to be in whole has perceived and effectively implements the main elements of this fundamental idea. The author as the final conclusions of the consummated analysis on the contrary states the growing condition of legal uncertainty in the studied branch of state activity, the origins and real reasons of which, first of all, are in the apparent duality of legal positions and the final acts of the administration of justice on the same subject; in the full «independence» of a court in the administration of justice from the literal dictates of the law, acts of constitutional justice and acts of the European Court of human rights, the interpretative positions of the Plenum of the Supreme Court of the Russian Federation, from own rules-precedents which are designed to be the standards of application the law for conflict law situations. Above doesn’t agree with the essence and content of the idea of procedural independence of a court, but also clearly grades the fundamental and universally recognized idea of the supremacy of law, its certainty. Turning to the institution of judicial protection and justice as a constitutional function of a court, the parties initially have the right to depend on the legal nature of the activities of a court, normative base and, properly, predictability of the final acts of the administration of justice and not from factors of ideological, political, subjective nature which are taken to the attention of «independent», powerfully protected court. Only on this objective base interested parties will objectively perceive justice as a real and effective element of forming the legal state and civil society in the Russian Federation.

Russian Journal of Legal Studies (Moscow). 2019;6(1):38-48
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Independence of justice and state domestic policy
Beshe-Golovko K.
Abstract

In the article, based on the analysis of the main ideas of the liberal and conservative ideologies of building the relationship between society and the state, the problem of the independence of the justice system is considered. It is presumed that a judge cannot be completely independent from state institutions and, in particular, from the bodies (officials) that are key in his appointment. Under these conditions, it is necessary to state that the task of further scientific research on the issues under consideration is not so much the substantiation of the absolute lack of control of judges as the creation of a theoretical model to minimize the predicted impact on them, taking into account the objective institutional patterns that are not always taken into account today when discussing various reforms.

Russian Journal of Legal Studies (Moscow). 2019;6(1):49-52
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Anti-dogmatic: a new understanding of the criminal process and law
Aleksandrov A.S., Vlasova S.V.
Abstract

The modern state legal mechanism for combating crime conceptually developed on the ideas of the classical understanding of the state and law. When transitioning to a digital socio-economic formation, its conceptual framework is subject to revision. This methodological problem requires interdisciplinary efforts on the part of specialists from all branches of law. Meanwhile, since “proceduralism” is recognized as the dominant feature of the new legal regulation and the new legal organization in the fight against crime, proceduralism acquires methodological significance. The procedural doctrine of the lawsuit, as a universal legal means of legal self-defense, should be the basis for a new model for resolving criminal law disputes, which can be presented on the digital platform of the state. The digital transformation of state and law makes it possible, at a new stage in the development of civilization, to revive the forms and means of direct democracy that have already been tested in history. Based on non-classical ideas about state and law, the authors propose to restore the accusatory process, popular accusation, free proof, “customary law” (in the form of “wiki-law”) using digital information and communication technologies. It is proposed to make the transition from the traditional investigative type of application of criminal law to a new type of legal organization of the resolution of criminal disputes, based on self-defense subjects of their interests, the interaction of the police, prosecutors, the public and business. The article attempts to rethink some fundamental provisions of the general theory of law, criminal law and process in the context of the concepts of “procedural determinism”, “anthropocentricity”, “ecosystem”, “state-as-platform”. The authors believe that dogmatic and the dogmatic style of thinking that they cultivate are not capable of giving new knowledge about how the legal mechanism for protection against crime should be arranged and work in the digital age.

Russian Journal of Legal Studies (Moscow). 2019;6(1):53-63
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Administrative rulemaking: legal relationship or organizational activity technology of functioning of the public administration authority?
Osintsev D.V., Domchenko A.S.
Abstract

The article is devoted to the study of administrative rulemaking as organizational and activity technology of functioning of public administration. The authors, through the analysis of the structure and content of administrative rulemaking, criticize the approach that justifies the need to consider the implementation of the public administration function to adopt normative legal acts as a complex legal relationship. It is suggested that «organizational and activity technology of functioning of public administration» is the most adequate category to answer the question about the essence of administrative rulemaking, which as an activity is carried out in special procedural forms, does not imply the presence of opposing subjects (parties), but, on the contrary, is an exclusive kind of professional cooperation, where each subject at the same time with others performs actions (operations), United within algorithmization activities of community goals and objectives. Based on these considerations, the authors propose an algorithm of public administration activities for the development and implementation of regulatory legal acts, which combines law-making and law-enforcement activities. In addition, the construction of intra-organizational legal relationship, which raises doubts about its viability, is critically reconsidered, since the intra-organizational component of the public administration activity does not have an independent ontology, but only provides for the implementation of external management relations (activities). Ideally, the administration never exists and does not act solely for itself.

Russian Journal of Legal Studies (Moscow). 2019;6(1):64-72
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The independence of the judges in the governance of the judicial system
Tsvetkov Y.A.
Abstract

The study is aimed at improving the legal and organizational mechanisms that ensure the implementation of the constitutional principle of the independence of judges and the independence of the judiciary. The category of independence of judges is analyzed through the prism of administrative relations in the judicial system, as well as in relation to the level of political maturity of society. Real subjects, aims and tools of management of judges are identified, as well as gaps in the legislation on the status of judges, creating conditions for limiting their independence. The author substantiates the thesis that the problem of the independence of the judiciary rests not only in the question of the balance between external and internal governance, but in the relationship between the judiciary and society. The research methodology is based on the intersection of legal and management analysis. Its conceptual basis is the so-called management approach in law, the initial premise of which is the assertion of the absence of “pure” legal relations, if their participants are subjects that are elements of organizational systems (courts, law enforcement agencies, etc.). These relationships always deviate to some extent from the ideal goals, as set out in the law, towards the goals dictated by organizational effectiveness. The research is based on the empirical base: the data of judicial statistics, the results of sociological research, the data of the included observation — the author’s experience as a magistrate and Federal judge. The study concludes that the strengthening of the independence of judges can occur only with the joint action of the judicial community and civil society. Specific organizational and legal measures aimed at increasing the independence of judges are proposed.

Russian Journal of Legal Studies (Moscow). 2019;6(1):73-88
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Independence of the judiciary in the modern understanding of the separation of powers
Ruzanov I.V.
Abstract

The independence of judicial power is researched from the natural law viewpoint. It is shown that the principle of separation of powers is not static, it is changing under the influence of time.

The sharp increase of executive branch of power’s role marks the contemporary stage of social-political development. It is shown that such a situation is inevitable. However, the problem is that executive branch fulfills both rulemaking function and law-enforcement one. It causes the risks of abuse of power, which scared the creators of separation of powers principle.

In this light the constitutional law faces the aim to reveal legal and political tools which can provide the very essence of separations of powers — to avoid the complete concentration of power in one center. The two innovations which can help to solve this problem are suggested in the article.

One of them is to broad the types of direct popular sovereignty. It is demonstrated, based on American experience that notice and comment requirement can restrain the arbitrariness of executive branch and therefore to be a bulwark against usurpation.

The nature of judicial power activity also changes. It must turn from formal control over the executive power to the analysis of the essence of its decisions.

Russian Journal of Legal Studies (Moscow). 2019;6(1):89-97
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What does the judiciary depend on?
Guskova A.V.
Abstract

Absolute procedural independence doesn’t exist. It relates to all system of law enforcement. By analyzing specific legal facts in this article will be reasonably prove from what the judicial authority depends on and in contrast to all proposition which were put forward will open the secret of its complete independence.

The author earnestly proves that the procedural guarantees of judges independence are issues of territorial jurisdiction, features of institute criminal cases, such guarantee as irremovability, the issues of material security and even the secret of retiring room. This list is not exhaustive, but it gives a full picture of judicial independence.

The final conclusion of this scientific article is that all available legislative guarantees which are aimed on ensuring the principle of independence of judges bears the potential to circumvent or interpret them in a convenient way. The most reliable foundation of independence is the high-quality selection of candidates for the position of judges. If a citizen by own moral, psychological and professional qualities can objectively, fairly, impartially and at the same time «graciously» approach to the resolution of the case — this will be the best foundation for his independent activity.

In addition, the latest legislative trends associated with the introduction of information technology in the criminal procedure orbitare rated in the article. The author recognizes the importance of these processes and even formulates the hypothesis that the next type of criminal proceedings will be called technocentric. However, the author asserts the position that justice should be administered only by judges and the fate of people can’t be controlled by devices with artificial intelligence.

Russian Journal of Legal Studies (Moscow). 2019;6(1):98-104
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Procedure independence of judges: the nature and problems of security
Gizatullin I.A.
Abstract

The independence of judges as a guarantee of the exercise of justice is an axiological imperative, the need to ensure which is recognized by any state that has accepted the theory of separation of powers. The issues of establishing an independent court have always been and continue to be decisive in the conduct of judicial reforms in the country aimed at building a strong, independent and accessible judiciary.

The paper draws attention to the special significance of procedural (criminal procedure) guarantees in the system of legislative measures to ensure the independence of judges, since they determine the freedom of a judge in choosing a legal position when performing his main and only function — resolving a criminal case. The independence of the judge as a participant in the process requires that the criminal procedure law provide for those procedures that allow the judge to decide without any dependence on the wishes of the litigants and in the absence of any outside influence. At the same time, the modern conditions of the implementation of the judiciary testify to the frequent limitation of procedural independence by circumstances that are not related to the procedure of the case. On the basis of empirical data, it is shown that non-procedural factors related to the corporate influence of the judicial community and the mental attachment of judges to one or another corporate tradition have a significant impact on the procedural independence of judges.

The main criterion for determining the degree of procedural independence of a judge is the possibility of exercising judicial discretion, and a way to avoid arbitrary arbitrariness, as the reverse side of independence of judges, is the duty of judges to motivate any decision taken.

Russian Journal of Legal Studies (Moscow). 2019;6(1):105-115
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Central clearing of OTC derivatives in the EU
Kriger A.M.
Abstract

This paper aims to determine the general rules and particularities of central clearing of OTC derivative contracts in the EU.

The reform of OTC derivatives market has become a regulatory response to the Global financial crisis which has negatively affected the major economies of the West. According to the G20 obligations, one of the methods applied to eliminate consequences of the crisis and to prevent the same situations on financial markets was introduction of obligatory central clearing of OTC derivatives transactions. This obligation was implemented into the ‘EMIR’ Regulation № 648/2012/EU, and was afterwards developed in delegated regulations and regulatory technical standards in the EU.

Central clearing was invented in XIX century, but it hasn’t been widely used until end XX century. Central clearing is applied for risk mitigation in financial transactions. There are various models of central clearing. The most popular of them are novation, non-defined legal construction and agency model. Central counterparties, clearing members and their clients are empowered to render clearing services in the EU.

According to the new regulation, all OTC derivatives market participants are divided into financial and non-financial counterparties. Level of the activity determines whether a non-financial counterparty has to centrally clear OTC derivatives contracts.

European Securities and Markets Authority (ESMA) carries out supervision of central counterparties, as well as establishes financial and administrative requirements for them. The paper examines supranational aspects of OTC derivatives clearing, as well as practical issues depicted by examples of major EU central counterparties.

Russian Journal of Legal Studies (Moscow). 2019;6(1):116-125
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Legal basis for the performance of international obligations on readmission in the Russian federation and the republic of Finland
Jilkine V.A.
Abstract

Readmission agreements are international obligations affecting substantially the rights and freedoms of individuals and citizens. The increase in the number of victims of terrorist acts and the flow of migrants to Europe have revealed the urgent need to build a new migration policy common for the whole of Europe and to strengthen the counter-terrorism cooperation of intelligence services, including between Western countries and Russia, along with realization of international commitments on readmission. The act of signing the Readmission agreement as well as the executive protocol on the order of implementation of this agreement by the Russian Federation and the European Community has become a significant step in developing the mechanisms to counteract illegal migration. The sources used in the article include the fundamental legal documents in the sphere of securing human rights, the decisions of the European Court of Human Rights, the European Union directives, the national legislative acts of the Russian Federation and Finland, the readmission agreements and executive protocols. The article highlights the legal and conceptual aspects of the readmission institute and the relevant international agreements. The author has undertaken the analysis of the Russian and Finnish legislation on readmission, has suggested recommendations for further improvement of the regulatory legal and organizational framework in this area for efficient implementation of readmission agreements concluded by the Russian Federation and the Republic of Finland, and at the same time, on the measures to respect human rights. Readmission, from the point of view of international practice, is only a technical mechanism used in realization of a decision to forcibly deport a foreign citizen or stateless person from the territory of a state. The world practice of combating illegal migration has shown high efficiency of readmission agreements making possible to deport migrants with unsettled legal status to the states of their citizenship or permanent residence within a limited time.

Russian Journal of Legal Studies (Moscow). 2019;6(1):126-131
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Legislative basis of the republic of Finland to reduce the demand for drugs and counter their trafficking
Kobets P.N.
Abstract

The subject of the study is the legal and organizational framework for countering drug trafficking in the Republic of Finland. In the process of work on the publication the author used a set of General scientific research methods such as comparison, analysis, as well as formal-logical, comparative-legal and other private scientific methods including: historical method. For the first time the author has carried out a comprehensive analysis of the legal framework concerning organizational measures aimed at countering drug trafficking in the Republic of Finland. The study examined the provisions of the existing acts of lawmaking in the field of drug control: laws and regulations, departmental documents. The author comes to the conclusion that the Republic of Finland has a sufficiently developed legislation in the field of drug demand reduction and counteraction to their illicit trafficking, which is constantly developing and improving. They also noted that the policy of Finland in the sphere of counteraction of drug addiction focused on the need for simultaneous operation aimed at reducing the supply and demand of drugs, reduce harm from drug use, early prevention of drug addiction and the possibility of providing timely assistance to drug users. Practical significance of the research is that the mastery of the positive side of the experience in combating drug trafficking in Finland, can be used by the state authorities of the Russian Federation in building the system of organizational-administrative work for the prevention of drug-related crime.

Russian Journal of Legal Studies (Moscow). 2019;6(1):132-141
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On the issue of the place of the prosecutor’s office in the system of state power of the russian federation
Karpov N.N.
Abstract

The features characterizing the Prosecutor’s office as a subsystem of the state power of the Russian Federation, including its creation on the basis of the Federal law, regulation by the legislation of specific power functions and powers of Prosecutor’s office, independence and independence and others, and also historical aspects of functioning of the Russian Prosecutor’s office are investigated.

 

Russian Journal of Legal Studies (Moscow). 2019;6(1):142-148
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Features of formation of integrated legal foundation for electronic litigation on crimes in the sphere of economy
Volinsky A.F., Prorvich V.A.
Abstract

The development of the information society, various branches of the digital economy and new manifestations of crime put on the agenda the creation of an electronic litigation system with the use of modern information technologies to improve the quality documents in the courts. The relevant policy documents set out tasks and improve the quality of various types of legal proceedings, including the creation of electronic justice using artificial intelligence computer robots based on neural network algorithms. At the same time there is a high level of risks of introduction of fundamentally different facilities from other legal families into the judicial practice, for the reduction of which a number of measures to form an integrated legal foundation of electronic litigation crimes in the economic sphere.

Russian Journal of Legal Studies (Moscow). 2019;6(1):149-158
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The activities of the prosecution to ensure the rule of law in the implementation of state policy in the field of patriotic education of young people: relevance and problems
Vavilin M.V.
Abstract

Today the issue of Patriotic education of citizens is very important. Part 2 of аrticle 13 of the Constitution of the Russian Federation prohibits to establish any state ideology. To solve this problem in this article, the author bases his conclusions on the theory of “constitutional patriotism” by Jurgen Habermas. The Constitution of the Russian Federation already contains Patriotic norms, fulfilling which a citizen can be called a real patriot. These are articles of the Constitution of the Russian Federation about State symbols of the Russian Federation (part 1 of article 70), about the preservation of cultural heritage (part 1). 3 article 44), about the duty to protect the Fatherland (part 1 article 59).

In preparing this article, the author studied the legal framework of Patriotic education, legally enshrined in 47 laws of the subject of Russian Federation on Patriotic education, the legal framework of Patriotic education, proposed in the Concept of Patriotic education of citizens in the Russian Federation, as well as the legal framework of Patriotic education, set out in the analytical note of the Russian state military historical and cultural center of the Government of the Russian Federation (Rosvoentsentr). Further explored the legal framework of Patriotic education offered in researches of Karpov N. N., Lapteva L. E., Surguladze, V. Sh. and others researchers.

On the basis of the obtained results, the legal basis of Patriotic education is proposed and systematized.

As a tool of improving of the effectiveness of Patriotic education the author considers the Prosecutor’s supervision. The article proposes to allocate in a separate direction prosecutorial supervision over the implementation of laws on Patriotic education in connection with the national importance of this issue.

To date there is no centralized system of Patriotic education in the country, no training of educators in this area has been organized. It requires a detailed analysis of the effectiveness of financial resources allocated to the organization of Patriotic education.

Insufficient attention on the part of the subjects of Patriotic education is paid to the territories where there are relevant problems.

The active work of prosecutors in this area will ensure an appropriate level of law in the field of Patriotic education.

Russian Journal of Legal Studies (Moscow). 2019;6(1):159-166
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Legal and organizational aspects of improving the work of the prosecution authorities
Komarova L.R., Kolesov M.V.
Abstract

The article substantiates the necessity of changing the procedural powers of the prosecutor in the part of supervising the preliminary investigation at the stage following the initiation of the criminal case and until the final decision is made by the investigator or investigator. Proposed changes in the procedural powers of the prosecutor are also considered through the prism of the organization of the activities of the prosecution authorities, based on the experience of foreign countries, the opinion of well-deserved domestic jurists. The changes proposed by the authors will have a significant positive impact on the work of the preliminary investigation bodies, reduce the number of violations allowed in the preliminary investigation stages discussed in the article, and will help reduce the bureaucratic workflow and improve the effectiveness of law enforcement agencies in general. In addition, it is justified that bringing the status of the prosecutor and the bodies of preliminary investigation into a logical procedural position will eliminate unnecessary and, in fact, harmful corporate competition.

Russian Journal of Legal Studies (Moscow). 2019;6(1):167-171
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Local government and prosecutor’s office: problems of legislative regulation
Uvarov A.A.
Abstract

On the basis of the analysis of legislation and juridical practice the article deals with the issues of optimization of the legal basis of interaction between local authorities and the prosecutor’s office. The purpose of this study is to solve the problems of legal regulation in the field of: implementation of prosecutorial supervision of law-making and other activities of local governments, cooperation of prosecutors and local authorities, assistance and assistance of prosecutors to local governments. The author examines the constitutional principles governing the activities of bodies of curator and local governments, their combination in areas of joint activity. At the same time it is concluded that the implementation of these principles is aimed, on the one hand, at the solution of state tasks to strengthen the rule of law, protection of human rights and freedoms and, on the other, — to expand the freedom and independence of local self-government. The article describes and classifies the forms of interaction between the prosecutor’s office and local authorities. Using the methods of scientific research (systematic, comparative legal, modeling, formal legal, etc.), the author comes to the conclusions about the insufficiency of the existing legal mechanism to optimize their joint activities on the issues of law-making and law enforcement, the need to supplement the current legislation with local forms of interaction initiated on the ground. The practical purpose of these and other conclusions is that they can be used in the preparation of relevant changes and additions to the federal legislation, as well as for educational purposes and practical work of the prosecutor’s office and local authorities.

Russian Journal of Legal Studies (Moscow). 2019;6(1):172-177
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On the content of the law enforcement function
Elizbaryan A.S.
Abstract

Nowadays the technology progress, appearance of new modern special literature sources and easy possibility of detailly familiarization with many old sources allow us to underline general features of the law and enforcement function. But despite available legal sources, the content of law enforcement function state certain not enough.

Author drew conclusions about necessity of definition of notion «law enforcement» for exposing the content of law enforcement function. Article consider some mentions of term in laws and regulations of Russian Federation, whereby determines the importance and the indispensability of notion in Russian legal system. Despite containing of judicial aspects in the law and enforcement essence it is retracing also philosophy, social, political and many other aspects halfway through studying and disclosing of law and enforcement essence. Author determines the final aim of law and enforcement in Russia after analyzing and studying the legal notion. It is determined in research, that law and enforcement is the main part of law and enforcement state function. But eventually it is noted that the last notion is more wide-ranging then the first.

It is attached in the article the analyze of researcher’s opinions in this direction, discovered the content and the significance of law and enforcement function in modern period and its place in the system of state functions. Special care took priority of this state direction activity among variety state functions and its final aim, retraced the state’s law and enforcement function and provisions based on decreasing and curbing crime in state link.

It is determined, that the significance of law and enforcement function considerably grew up in real situation based on research. Author emphasizes the main attention in needing of detailly studying of state activity signs based on law and enforcement.

Russian Journal of Legal Studies (Moscow). 2019;6(1):178-182
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The problem of legal regulation of claims
Mazurov I.I.
Abstract

Legal practice is characterized by cases when legal regulation does not achieve its goals in view of ignoring the claims of legal actors. The article searches for ways to solve this problem. The concepts of legal regulation and legal impact are distinguished in the context of their connection with the mechanism of legal claim and the mechanism of its implementation. The main features of legal regulation of legal claims, which are largely due to the nature of the nature of legal claims, are highlighted. The content of legal claims in this case is the main subject of legal impact, while the object of legal regulation are social relations. Legal regulation of legal claims is carried out indirectly, that is, through the creation, modification or cancellation of the conditions for the recognition of their content as legal. The main legal form of recognition of legal claims is their formal legal recognition by authorized state bodies and officials. The conditions for recognizing legal claims presuppose, first of all, the formalization of a person’s legal qualities — legal capacity and legal active capacity, securing the status of a subject of law for a person. In the next turn, the conditions for the recognition of legal claims, in order to ensure acceptable and the most optimal models of social interaction, provide as one of the tools of legal regulation of the relevant subjective rights and legal obligations. At the same time, the excessive complexity of the procedure for the implementation of legal claims creates conditions for illegal ways to ensure the needs and interests. It underlines the pattern of strengthening the degree of legal influence on a legal actor if the subject of legal regulation and the subject of formal legal recognition of legal claims are united in the person of one state body or official.

Russian Journal of Legal Studies (Moscow). 2019;6(1):183-188
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