Vol 6, No 2 (2019)

Articles
What the actualization of the question leads about philosophy of branches of law?
Bochkarev S.A.
Abstract

The article analyzes the prospects and state of the philosophy of law and philosophy of the branches of law. This topic was discussed for the first time in the history of modern legal science after in 2017 the editorial staff of the Russian Journal of Legal Research put it out for wide discussion by publishing a number of articles on the subject in the journal (No. 1, 2017). The proposal to pay attention to this topic received the response of leading scientists from different regions of the country and neighboring countries. As a result of an active and interested attitude of specialists, a thorough and collective discussion of the problems, a kind of intersectoral and “brainstorming,” was obtained. Only on the journal’s website (russianjls.ru) over 18 thousand downloads of articles by the authors of this issue were made. The editors received a significant number of reviews, and the publication itself was highly appreciated among practicing and theorizing lawyers.

Updating the philosophical understanding of the branches of law is not a tribute to fashion. It is due to a long overdue need.

Russian Journal of Legal Studies (Moscow). 2019;6(2):9-16
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Grounds for conceptualization of the philosophy of branches of law
Popov E.A.
Abstract

The article reveals the grounds for conceptualization of the philosophy of branches of law. The problem of formation and development of the philosophy of branches of law is directly related to the potential of the philosophy of law and the development of legal Sciences. But as in modern social and humanitarian knowledge the discussions about the place of philosophy of law in the system of knowledge do not stop, the same questions arise in the case of philosophy of branches of law. The main question is the definition of the object, subject and methodological basis of the relevant knowledge. The characterization of the scientific status of the philosophy of branches of law is not fully clear. It is necessary to find out, in particular, what methods or methods of analysis of the norms of the branches of law are used by the philosophy of the branch of law, whether there are unique features that are inherent only to it, how interdisciplinary interaction occurs, etc. at the same time, this area of knowledge has some advantages: 1) it allows to identify value dominants in the regulation of social relations; 2) minimizes the consequences of errors in the interpretation of specific norms of the branch of law and improves law enforcement practice; 3) it is based on empirical experience of understanding of the norms of law.; 4) reveals the features of the legal life of man and society through the prism of the value-normative system of culture, etc. Thus, the article focuses on the methodological distinction between the philosophy of law and the philosophy of the branches of law, on the specifics of the philosophical understanding of the rules of law by industry. Indicates the complexities and contradictions that may arise when determining the theoretical and methodological frontiers of philosophy branches of law.

Russian Journal of Legal Studies (Moscow). 2019;6(2):17-21
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Philosophy of law in the system of philosophy and jurisprudence
Meshcheryakova O.M.
Abstract

The article seeks to substantiate the philosophical and legal approach to the law. The article deals with the problems of jurisprudence from the standpoint of the philosophy of law. The author considers historical-methods aspects of development of philosophy of law as the most important moment of formation of the European liberalism conditioned by the genesis thereof.

The aim of the article is to describe the influence of the philosophy of law on the formation and development of a legal worldview.

In the present article author researches questions of philosophy of law impact on the law. Among the philosophical and jurisprudential schools and disciplines, which significantly affected the establishment and transformation of legal philosophy the decisive role belonged to the entire philosophical system of Georg Wilhelm Friedrich Hegel, including philosophy of law, history, religion, and logic. The question of what was the impact of philosophical system of Georg Wilhelm Friedrich Hegel for the formation of teaching on law is considered in the article.

That is why, “Philosophy of Law” by Georg Wilhelm Friedrich Hegel is of high value in the history of political and legal though, and Georg Wilhelm Friedrich Hegel should take a worthy place among the patriarchs of the philosophy of law.

These problems identified the subject of the study conducted in the article. The identification of certain features of succession with regard to Hegelian philosophy allowed us to indicate ways of enriching jurisprudence with the philosophy of law.

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.

Its provisions can be used in further studies on issues of philosophy of law and jurisprudence.

Russian Journal of Legal Studies (Moscow). 2019;6(2):22-27
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Legal reality as item of postclassic law philosophies
Chestnov I.L.
Abstract

The writer show important of philosophical understanding of the law existence. The legal philosophy is searching the ground of juridical science. Philosophy of science is not like a separate area of knowledge, existed closer with this scientific discipline, but her high level- the level of her grounds. In this level occur “contact” between worldview, philosophy and this scientific discipline. Philosophical knowledge (with ideological and everyday knowledge subjected to philosophical reflection) used for ontological and epistemological substantiation of science. Philosophy of science (like her according level) is not a science, but the knowledge and without this knowledge, science (and juridical science) is impossible. In this case the legal philosophy is the high level of jurisprudences provided ontological and methodological justification of law. Exactly legal philosophy allows juridical discipline come in “meta-legal” area, only from legal philosophy possible explication of legal grounds.

Post-classical philosophy formulates the following picture of legal reality: 1) law is created (constructed) by people; 2) law is conditioned by historical and socio — cultural context; 3) law is multifaceted, potentially inexhaustible in its external manifestations, phenomenon; 4) law exists in the sign form and practices (behavioral and discursive, mental) people. Post-classic right philosophy is characterized by anthropology and practical orientation.

Legal reality formulated by people and reproduced by their practices. The study of exactly how this happens is an important task of post — classical philosophy of law. This approach differs significantly from the classical one and is an adequate analysis of law in post-modern, global society.

Russian Journal of Legal Studies (Moscow). 2019;6(2):28-34
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Ideology of Slavic unity and philosophical problems of legal Slavistics in the modern world
Seregin A.V.
Abstract

The article analyzes the philosophical problems of legal Slavistics associated with the formation of the updated pan-Slavic state-legal ideology aimed at the development and improvement of Confederate and Federal forms of Slavic Association. The author consistently investigates conceptual, civilizational and geopolitical obstacles of the Slavic unity connected with religious, military-political and nationalist dissociation of the Slavic peoples. At the same time, the presented work suggests ways to overcome the anti-Slavic political and legal dogmas, with the help of education aimed at the formation among the Slavs of the pan-Slavic doctrine of the primacy of the Slavic communal-tribal system, built on the basis of archaic socialism (mutual responsibility and mutual assistance); Veche rule; freedom, denial of all forms of slavery; linguistic kinship; organic unity of personal and community interests, with the recognition of the unconditional primacy of sovereign values over private; as well as the supremacy of spiritual and moral principles over material needs. In practical terms, a legal project is proposed for the development of the Union State of the Republic of Belarus and the Russian Federation, which in the form of government can be a collegial Republic, in the form of state-territorial structure — a Confederation with a tendency to federalization and a democratic-polyarchic state regime. In addition, the author believes that from a civilizational point of view, Poland, the Czech Republic and Slovakia are predisposed to unite in the West Slavic Confederation-the Great Vagria or Venea; Russia, Ukraine and Belarus, having common historical, state and religious — Orthodox roots are obliged within the framework of reunification to create the East Slavic Confederation-Svetlorossia; in the Balkans, led by Serbia, it is necessary to revive the Federal Republic of Yugoslavia with the inclusion of the Republic of Serbia, the Republic of Montenegro, the Republic of Northern Macedonia, the Republic of Bulgaria, the Republic of Serbia Krajina. Slovenia and Croatia should be merged into the Croatian-Slovenian Federation. In the future, Slavic confederal unions and the Federation, together with the Slavic communities beyond the national borders of the Slavic Nations (for example, Sorbs in Germany) for the preservation of their identity and the free development have the potential to unite in a pan-Slavic Union state — the Great Vseslav. It is advisable to elect a collegial Republic as a form of government of the great all-Russia; a form of state-territorial unity of the Confederate-Federal Union of Slavic peoples, communities and States with a socially guaranteed regime of political democracy.

Russian Journal of Legal Studies (Moscow). 2019;6(2):35-41
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On issue of the subject matter of international law philosophy
Shugurov M.V.
Abstract

This article offers a comprehensive view of most significant aspects of the subject matter of international law philosophy. The purpose is a framing the conceptual model of its subject matter and is to identify general themes of further discussion. The methodology of research conducted consists of the general scientific methods of analysis and synthesis, generalization and abstracting. The author has used the system principle and the historical principle. As results of given study are following: justifying the idea of international law as a main subject matter of respective philosophy; explicating the content of the notion “contemporary philosophy of international law”; demonstrating the differences between theory of international law and international law philosophy. The conclusions drawn are conceptual provisions that, firstly, international law philosophy is an independent legal science. Secondly, its vocation is to investigate not only philosophical foundations of international law but also philosophical foundations of international law doctrine. Thirdly, the contemporary international law philosophy must provide the dialog between versions of understanding of international law that are typical for various civilizations.

Russian Journal of Legal Studies (Moscow). 2019;6(2):42-52
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Public administration in the political and legal space of modern Ukraine: European choice and effectiveness
Okhotsky E.V.
Abstract

The article, which consists of two parts, explores the problems of the political and legal foundations of goal-setting and the effectiveness of public administration in modern Ukraine, assesses the significance of the constructiveness of the implementation outlined in the context of public interest and state growth strategy. An attempt was also made to prove that the existence of scientifically substantiated goals, their systematic nature, strategic and functional validity are the basic features of a state of law and an indispensable condition for the high quality of public administration. It is also taken into account that the concepts of “effective” and “efficiency” are perceived ambiguously in science and everyday management practice. For some, it is effective that it is desirable and expedient, for others, only that allows them to realize their intentions and satisfy their respective needs, for others, it ensures that the desired result is obtained at the lowest cost. It also touches on the difficulties of making effective managerial decisions in the difficult conditions of modern reality, in a situation where there are no strict methodological guidelines and the corresponding legal, organizational, procedural and heuristic algorithms, not populous moral principles dominate, but populist blur. The presence in such conditions of only normatively approved criteria and performance indicators is clearly not enough. The substantive content of the concepts “goal”, “goal setting”, “efficiency”, “social effect”, and “extremist right-wing groups” was also clarified.

The causes of failures, failures and negative consequences of the current public administration system in the political and legal space of modern Ukraine are investigated. Hence the task of forming a modern legal, professional, and moral culture of the administrative apparatus and skills, not to bureaucratically bind, hinder, and destroy, but to stimulate, create, and multiply. It is proved that the tasks of modernization and social renewal can be effectively realized only by a highly professional, stable, well-structured, nationally oriented state apparatus, highly efficient, well-organized and respected public service.

Materials and methods. The theoretical and methodological basis of the study was the dialectical materialistic approach to the analysis of social phenomena and mechanisms of government, both horizontally (genetic aspects — the essence, patterns, goals, functions, principles, specific historical manifestations, taking into account geopolitical and national-country specifics) and vertically (ideals, interests, forms and methods of legal regulation and strategic control). A wide range of methods of scientific knowledge was used: comparative legal, formal logical, concrete historical, system-functional.

The main conclusion. The task of creating an effective public administration system for modern Ukraine remains one of the most urgent tasks; managerial goals and measures for their effective implementation should be politically, legally and economically justified, reflect the deep interest of society with a deep understanding that if a country does not have a strategic goal and there are no higher meanings, then life turns into a meaningless existence, the state finds itself in a situation of turbulence disintegration and dispersion. Therefore, the plan should be implemented systematically and consistently, in strict accordance with the law and in a healthy moral and political space. The key to success is social trust, strong political leadership, responsibility and constructive action.

Russian Journal of Legal Studies (Moscow). 2019;6(2):53-64
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The concept of the Eurasian state in the context of the philosophical tradition of Russian emigration
Karabaeva K.D.
Abstract

The paper describes philosophical ideas of Eurasianism and a problem of choice Russia’s of the Eurasian state model in terms of modernity. The paper pays special attention to the studies of the Eurasianism founders of the 20s of the XX century, who have developed a strategy of the Eurasian state. The author emphasizes the importance of the Eurasian worldview in adjusting of the concept of the constitutional state to the current processes of globalization. In the author’s opinion, building of the Eurasian reality and acceptance of the Eurasian worldview are the basis for favorable environment in a country. The Eurasian worldview is based on the humanitarian principles, which are necessary for building self and healthy society in a State. The article suggests the basic criteria for implementation of the Eurasian worldview. This criteria is that a State should maintain stability without emphasizing the dominance of slavs, religion, turanstvo. According to the author, a State should not control these aspects, since they together should form a spiritual basis of the Russian society. The author pays special attention to the problems of globalization. According to the author, the Eurasian model of a State is based on the Eurasian values and attitudes that are in agreement with a concept of a State based on the rule of law. The study is based on dialectical method, according to which society, human, and state are considered in the process of continuous modification and interconnection.

Russian Journal of Legal Studies (Moscow). 2019;6(2):65-72
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Philosophy of globalization of criminal law
Khilyuta V.V.
Abstract

In article the questions of globalization of criminal law and the pursued criminal policy are raised. At the doctrinal level trends of implementation of norms of the international criminal law and a problem of general unification of norms of criminal law are analyzed. The author comes to a conclusion about discrepancy of the mechanism of a global instrumentalization of criminal law and artificial imposing of the international standards to the national states. In article global initiatives of general and unconditional implementation of rules of international law and other legal institutes are in detail described. It is specified that these trends cannot be born in itself, without external intervention. It is proved that the drawn line of artificial unification of criminal tools at the global level leads to institutional crisis since basic borders of criminal law cannot identically be considered in relation to each single country (a national criminal system) in view of various social and economic parameters of functioning of the states and means of their realization.

Russian Journal of Legal Studies (Moscow). 2019;6(2):73-81
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Reflections on the monograph S.A. Bochkareva «The philosophy of criminal law: posing a question» (M.: Norma, 2019. 404 s.)
Pavlinov A.V.
Abstract

The article is devoted to the author’s thoughts after reading the monograph by S. A. Bochkareva “Philosophy of Criminal Law: Questioning,” published in Norma in Moscow in 2019.

The author believes that S. A. Bochkarev in his study raised such a range of philosophical issues and problems of criminal law, criminology and criminal policy, comprehensively covered them, proved the need for their close relationship on a philosophical basis, undertook a search and found a number of answers that have the most important scientific, theoretical and practical value.

Also in this article, the author concludes that this monograph is a serious, deep, work worthy of study and use, which will be in demand in educational and scientific activities, will be the subject of scientific discussions, and will have a positive impact on subjects of criminal law knowledge, lawmaking process and enforcement.

 

Russian Journal of Legal Studies (Moscow). 2019;6(2):82-88
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The eternally living and developing idea of constitutionalism in the context of the foundations and the essence of activity the supreme body of constitutional justice of the Russian Federation
Kovtun N.N.
Abstract

Studying the legal foundations of the functioning of the Constitutional Court of the Russian Federation and the essence of its final acts, the author reveals the main conflicts that the practice of constitutional justice has objectified, directly or indirectly leveling out the very idea of creating and socially-normative appointment of this body in the state and society.

Russian Journal of Legal Studies (Moscow). 2019;6(2):89-97
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Epistemological substantiation of crime determinism
Burmistrov I.A., Glazkova L.V.
Abstract

In the context of aggravation of social processes in the country and the growth of crime, this article substantiates the study of the causes of crime as a landmark and popular research process, in relation to existing changes in society. Currently, the study of the causes of crime despite the numerous studies on this topic is still in demand and relevant. Changing the types of criminal groups, methods of criminal behavior, socio-economic conditions entails a constant need to improve the theoretical basis of the fight against crime, one of the main places in which, of course, plays criminology. The authors investigate the causes and factors contributing to the emergence and spread of crime, analyze different approaches to the classification of the causes of crime. It is emphasized that studying the causes of crime, we always focus on cause-and-effect relationships. But to absolutize it in any case it is impossible. This can lead to the isolation of individual phenomena, to the separation from their relations with other phenomena. It is proved that in the study of crime it is necessary to take into account both its causes and conditions, which together are denoted by the term “determination of crime”. The authors come to the conclusion that “determination” plays a fundamental role in philosophical knowledge of the world. It means that all real processes (both natural and social) arise and develop naturally, because they are caused by certain reasons. If there is a phenomenon that has led to another phenomenon, the first is called a cause and the second is a consequence. The reasons are not any, but quite certain, the corresponding consequences.

Russian Journal of Legal Studies (Moscow). 2019;6(2):98-102
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Linguistic and philosophical aspects of the concept of “A reason for initiating a criminal case”
Kosenko A.M.
Abstract

Disputes have lasted for more than a decade on the nature of the reason for initiating a criminal case, dozens of definitions are given to this term, but a common understanding has not yet been reached. The article attempts to analyze the concept of “reason for initiating a criminal case” in a linguistic and philosophical aspect. The conclusion is made about the expediency of considering the notion “reason for initiating a criminal case” not as a separate linguistic unit with independent lexical meaning, but as a phrase consisting of the concepts “reason” and “initiating a criminal case”. From the standpoint of the dialectical approach, the reason is considered as a condition manifested as a phenomenon of objective reality. Recognizing the infinity of the content of the occasion as a phenomenon of objective reality, the most significant of its elements are highlighted.

Russian Journal of Legal Studies (Moscow). 2019;6(2):103-111
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Philosophy of transformation of evidence in the development of new technologies: international aspect
Sedova D.A.
Abstract

Modern society is developing actively. It undergoes different changes, including in the process of technological and technical progress, which dictates the necessity of taking into account modern realities in the implementation of rights. Nevertheless, the law is currently quite conservative in its development in terms of the speed of its adaptation to new conditions or the demands of society. If we review, for example, the criminal process, then proof, as one of its institutions, is at the core, that is, the part that is stable and theoretically worked out sufficiently fully. That is why it is difficult to make changes in evidence as an institution of criminal proceedings. This article is directly related to the analysis of the prospects for the transformation of evidence in terms of digitalization on the example of the International Criminal Court (hereinafter — the ICC), which embodied the best practices of the countries of both Anglo-Saxon and Continental legal traditions in its model of criminal justice. In order to make a fair verdict, the ICC uses evidence that was gathered during the investigation. But what if “evidence” was discovered in a digital form? Does the ICC consider such “evidence” to be admissible and relevant? Today there are many new digital entities. These include blockchains, virtual money, cryptocurrencies, tokens, and so on. The specificity of new digital entities is that they have no material expression and are absolutely virtual in nature. That is why the need for doctrinal reflection arises — will the proof process change in this case? After all, some modern digital entities today are used not only for legal purposes, which in turn leads to the need to find ways of fixing illegal actions using modern technologies. Analysis of the problems on the example of the ICC will allow to formulate the prospects for the transformation of evidence at the national level.

Russian Journal of Legal Studies (Moscow). 2019;6(2):112-118
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Semantic conception of law
Gavrilova Y.A.
Abstract

The article is a continuation of the author’s publications about integrative conception of the meaning of law in the Russian Journal of Legal Research No. 2 for 2016 and No. 1 for 2017. The author understands under the semantic conception of law an a integrative holistic and collective image of law, which always has a specific historical content (in this modern society) and operates in accordance with the principle of complementarity of different types of legal understanding. This conception contains several basic assumptions. First, the semantic conception is not an absolutely new type of legal understanding, and the meaning of law is one of the supporting connecting structures that, from the point of view of modern philosophy and methodology of science, characterize the interpretational style of scientific thinking. Secondly, the dispute between the philosophy of law and the theory of law for the priority in legal understanding can be solved by a scientific convention based on the concept of the meaning of law, which harmoniously combines the internal nature of law and its external relations with economics, politics, culture and other subsystems of society. Thus, the opposition between the law “from the inside” and that which is “outside” the law is removed. Thirdly, the semantic conception of law is able to set the optimal vector for improving the conceptual apparatus of jurisprudence and for modernizing the criteria of the scientific novelty of modern legal knowledge from the position of the so-called “classical” and “postclassical” legal paradigms. If the meaning of the law is improved by the internal logic of the development of the law itself, then the scientific novelty will always be postulated as “understanding traditional ideas at a new stage”. But if the meaning of law derives its sources from the social space, then, of course, it is necessary to recognize that philosophical concepts, terms and institutions can be included in the conceptual apparatus of law within the framework of a new objective interpretation. The semantic conception of law has significant theoretical and practical potential for system analysis of the problem of modern Russian legal understanding.

Russian Journal of Legal Studies (Moscow). 2019;6(2):119-126
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Values in legal regulation
Antonov V.F.
Abstract

The article is devoted to the axiological aspects of lawful behavior and issues of legislative consolidation of core values in the corresponding regulatory acts. As it is known in the conditions of democratic society a quite large part of legislative requirements is determined by ethical and moral instructions establishing the legality of various courses of actions in a specific situation. Experience has proven that legally valid behavior is inseparably associated with acquiring of wide range of value paradigms underlying the mechanism of legal regulation. In modern conditions law enforcement practice relies on basic moral principles of the society, providing law enforcement and required level of rule of law.

The author shows the meaning of value paradigms in different spheres of statutory regulation. Generally when developing legislative acts not only existing social and economic relations but also moral dimensions of social life are considered. In such cases in the course of normative legal acts interpretation law enforcement authorities cater to the corresponding ethical and moral norms specifying regulatory prescriptions. It is mentioned in the article that social ideals, historical and cultural traditions, dominant within collective consciousness are included in the structure of public morality.

Any legal system makes an assumption that there is a system of core values reflecting peculiarities of national culture and existing system of moral regulations. Upon traditional values the system of moral and ethical judgments defining the corresponding regulatory acts is formed. It is customary to understand by public morality a quite extensive complex of communicative relations forming in view of value paradigms depending on existing historical and cultural traditions of specific society. In the democratic society the justice is fulfilled in the light of declared ideals and values providing settlement to local conflicts in different spheres of statutory regulation.

Russian Journal of Legal Studies (Moscow). 2019;6(2):127-133
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Democracy and totalitarianism in contemporary understanding
Novoseltsev A.Y.
Abstract

The examination of political reactions content in historical terms has shown that their substance does not remain unchanged. Originally democracy means perverted and unnatural political order, the power of poor, that occurs only for a very short time during the political crises. Democracy began to name government by the people or majority only from the first bourgeois revolutions.

The author believes that the idea of government by the people is deeply populist and it is against the laws of nature and society. The generally accepted classification of political reactions does not take into account the useful properties of hierarchy for the society and completely identify the socially useful and legally enshrined in corporate affairs principle of one-man management with totalitarian regime.

Currently not a single “color revolution” is not without a number of slogans and populist perceptions about human being and society presented in the end of the XVIII century. The spread of “democracy” does not involve the assistance in economic development and in the establishment of the high social standards typical for west countries, but on the contrary preserve poverty and backwardness of world periphery.

The author comes to a conclusion that it is necessary to develop the more modern and adequate perceptions about politic reactions taking into account the explanations of natural sciences. In the authors view the democracy constitute “soft” hierarchy that admit the majority of the people to the acceptable social status in conditions of missing the firm competitive relations in the society. Solidarity among people, consensus of the interests, moral and political unity as a result of approximately equal social status, social stability and mobility, the lack of deep social division are the main characteristics of the democracy. Totalitarianism can be defined as a violence from the side of society or collective towards person who does not want follow antihuman consumer values.

Russian Journal of Legal Studies (Moscow). 2019;6(2):134-139
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Basic functions of the state, supreme authority and state apparatus: criteria of distribution and political and legal content
Grachev N.I.
Abstract

In scientific works devoted to the functions of the state, they are not separated from the functions of the state apparatus, moreover, the functions of the latter are not emphasized. The reason for this is the actual identification of the state with the organization of public political power, its apparatus (mechanism). With this approach, it is quite natural that the functions of the state and the functions of the state apparatus are actually identical. The article substantiates the existence of any sovereign state objective organic functions: integration, adaptation, institutionalization, and management, from which the functions of the entire system of public power of the state. The General and General function of the latter is the public (state) management of all socially significant Affairs in the state, which ensures its maintenance, preservation and reproduction of its own systemic integrity, and, where necessary, reform and development. All areas and activities of public authority, which in the theory of state and law is called the functions of the state actually act as a function of the state apparatus. According to their content, they are activities for the management of the entire system of public power by individual branches and spheres of public life and can be classified on a variety of grounds: internal and external; basic and non-basic (auxiliary); economic, social, cultural, administrative and political, etc. Their distribution between different levels, levels and bodies of the state apparatus are established by the Supreme power, the main functions of which are the constituent (the establishment and reform of the state), the management of the state-organized society as a single integral organism (political leadership), the function-the role of the political center as the place of the most important strategic decisions, the function-the role of the Supreme socio-political arbiter in the state and society.

Russian Journal of Legal Studies (Moscow). 2019;6(2):140-149
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Risk-based approach and pharmaceutical compliance in the sphere of state supervision of illegal circulation of medical products
Maksimov S.V., Rudaya T.Y., Utarov K.A.
Abstract

The article deals with the problems of introducing a risk-based approach to the regulation of federal state supervision in the sphere of circulation of medicines. The main drawbacks of the risk-based approach regulation in the regulatory legal acts of the Russian Government and Roszdravnadzor are highlighted. The discrepancy of certain provisions of the relevant acts to the principles of administrative law and the Code of the Russian Federation on administrative offences in the part relating to the assessment of the legal value of the period during which a person is considered to be subjected to administrative punishment is noted. Measures to improve the risk-based approach to the organization of state supervision in the sphere of circulation of medicines are proposed. In particular, data on the degree of compliance of the objects of control with the requirements of good practices (GxP, including GMP, GPP, GDP, etc.) and data on the presence of the objects of control systems of pharmaceutical compliance are proposed in the assessment of the risk of harm. The authors formulated the definition of the concept of pharmaceutical compliance. It is concluded that the inconsistency of the administrative-legal and criminal-legal policies to combat cartels in the EAEU member States creates significant risks to achieve the goals of creating a single market of medical products in the Eurasian Economic Union.

Russian Journal of Legal Studies (Moscow). 2019;6(2):150-157
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Karl Schmitt on the Hitler phenomenon in German History: an attempt at literary self-knowledge
Baev V.G.
Abstract

The article analyzes the psychological state of a scientist seeking self-justification for cooperation with the criminal government (after its collapse). Romantic ideas and thoughts about the imposture of Karl Schmitt are a search for a convincing version of one’s own conformism. The author of the article shows that conformism is typical of the entire German legal profession of the Nazi era: they, relying mainly on legal positivism, justified their behavior by defending the position of the state, despite or contrary to Nazism. Schmitt’s case is special: he became a Reich theorist, who subsequently rejected his ideas.

The main thesis of the article is to understand the circumstances under which conformism relativizes professionalism and erodes the boundaries between science and ideology, truth and falsehood — a problem interesting from the point of view of relations between scientists and tyrants (Plato and Dionysius, Voltaire and Friedrich, old lawyers and the Bolsheviks, etc.). With this approach, the article aims to determine the boundary between conformism and cooperation, identifying the factors that determine its transition in general and in Schmitt in particular.

Russian Journal of Legal Studies (Moscow). 2019;6(2):158-164
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Herbert Hart’s theory of definition in the context of analytical legal philosophy
Ogleznev V.V.
Abstract

The article presents Herbert Hart’s theory of definition in the context of modern analytical legal philosophy. Dissatisfaction with the applicability of the traditional method of definition by the genus and differentia to the elucidation of legal concepts led Hart to the development a new method of definition. It is shown that Hart not only modifies the paraphrase of Jeremy Bentham, but also tries to adapt to the analysis of legal concepts the definition in use borrowed from analytical philosophers and logicians. It has been established that the key point of Hart’s method is that instead of defining a separate term, it is necessary to consider a statement, where the utterance plays a characteristic role, and is explained by specifying the conditions under which the entire statement is true. Some difficulties that arise when one uses this definition in the framework of the truth-conditional semantics are considered. In particular, it is shown that Hart uses open sentences of the form “X has a right” in its definition, which differ from closed sentences, primarily because they contain free variables with indefinite range of values. This uncertainty does not allow us to attribute to them the truth-value. The concepts of truth and falsity apply only to statements that are expressed by closed sentences. Thus, Hart’s claim of a special semantic nature of legal concepts and a special epistemological task of definitions in jurisprudence is reflected in his theory of the truth-conditional definition — a kind of contextual definition.

Russian Journal of Legal Studies (Moscow). 2019;6(2):165-172
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Review to the book: T. Zanfirova «Philosophy of labor law: educational method. allowance» (Kiev, 2018)
Tomashevsky K.L.
Abstract

Review to the book: T. Zanfirova «Philosophy of labor law: educational method. allowance» (Kiev, 2018)

Russian Journal of Legal Studies (Moscow). 2019;6(2):173-176
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