Legal culture and state-legal life of society
Guryev V. V. Legal culture is a necessary component of the state and legal life of society, a factor in ensuring the unity of the legal space;
Vyacheslav Vladimirovich Guryev
the first deputy director of the Volga Institute (branch) VGUU (RPA of the Ministry of Justice of Russia), Candidate of Economic Sciences, Associate Professor
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Annotation: The subject of the study is the reality and the category of "state-legal life", as well as factors of optimization of state-legal life in modern Russia: legal culture, legal space, globalization, conflict-cooperative relations in the life of society. These are currently the most relevant legal aspects of the life of modern Russian society. The purpose of the work is to study the most important aspects of state and legal life, to identify ways and means of improving it, improving the quality level. This goal setting is achieved through the applied methods of cognition: dialectical, formal-legal in combination with the laws of formal logic, systemic, functional, analysis and synthesis, abstraction, etc. The conclusions defining the novelty of the research, its theoretical and practical significance are formulated. Their implementation will make it possible to move more actively and effectively towards achieving the most significant goals in modern conditions: deepening social interaction ("state - society", "state and society – citizens"); raising the level of legal awareness and legal culture of ordinary citizens, civil servants, the whole society; preserving the legal identity of the national statehood, the national and cultural specifics of Russian society; minimizing conflict and expanding the scope of cooperation in the state and legal life of society.
Keywords: state, law, state-legal life, legal space, legal culture, globalization, conflict, cooperation, law-making, law-making policy.
Shilov Yu. V. Some current theoretical and legal approaches to solving issues of public order protection in modern conditions;
Yuri V. Shilov
Associate Professor of the Department of Public Law of the Perm Institute of the Federal Penitentiary Service of Russia, Candidate of Law, Associate Professor,
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Abstract: The relevance of the research topic is due to the special significance of the formation of the conceptual foundations of legal regulation of public order protection with taking into account current trends. The subject of the study was theoretical and legal problems and certain aspects of the implementation of the protective function on the part of the relevant subjects. The purpose of the work is to conduct a critical analysis of existing approaches in the legal provision and organization of public order protection, to identify new trends and prospects for the development of public relations in this area. Both theoretical – analysis, synthesis, deduction, analysis, concretization, and practical – observation, comparison, description – research methods were used. The scientific novelty of the research consists in focusing attention on the need to expand the range of problems, revise certain provisions of the current legislation, taking into account the identified contradictions and promising directions. The author offers his own interpretation of the category "protection of public order".
Keywords: public order, law and order, public safety, protection, provision, regulatory regulation.
Legal culture and state-legal policy of modern Russia
Adamyants S. T. Legal culture as a factor of ensuring the national security of modern Russia
Susanna Tigranovna Adamyants
Senior Lecturer of the Department of English No. 6 of the Moscow State Institute of International Relations (University) Ministry of Foreign Affairs of the Russian Federation (MGIMO Ministry of Foreign Affairs of Russia), Candidate of Law
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Annotation: The challenges and threats that Russia is currently facing, as well as the socially determined trend of expanding the limits of legal regulation, actualize the role and importance of legal culture in the life of Russian society. The subject of the article is the legal culture, analyzed as the most important factor directly affecting the national security of modern Russia. The purpose of the presented research is to analyze the potential and importance of a high level of legal culture for the formation and effective implementation of the national security strategy of the state, as well as the strengthening and development of traditional spiritual and moral values of Russian society. The work is based on the application of both general scientific and private scientific methods of cognition: dialectical, systemic, structural and functional, formal legal, comparative legal, etc. As a result of the conducted research, the close interdependence between officially declared measures aimed at ensuring the national security of the state and the legal culture of Russian society is demonstrated.
Keywords: legal culture, legal anticulture, national security, legal qualification, legal life, spiritual and moral value, legal regulation, state policy.
Legal culture and human rights
Maximov A. A. Abuse of law in tax evasion as a form of distortion of legal awareness (administrative and legal aspect)
Alexander Alexandrovich Maksimov
Associate Professor of the Department of State and Legal Disciplines of the Northern Institute (branch) VGU (RPA of the Ministry of Justice of Russia), Candidate of Law
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Abstract: Abuse of law is one of the most popular forms of unacceptable legal behavior. The purpose of the study that formed the basis of this article was to determine the abuse of law as a form of tax evasion, its dependence on the level of legal awareness and the means of administrative and legal counteraction to it. A wide range of methods were used, among which logical, system-structural, as well as formal-legal ones should be distinguished. This made it possible to study the main factors of abuse of law in order to evade taxes. Conclusions are drawn about the direct causal relationship between tax burden and tax legal awareness, the need to increase the attention of public authorities to the problem of forming tax legal awareness and building an effective model of countering abuse of law in the field of taxation.
Keywords: tax evasion, abuse of law, tax culture, legal awareness, tax burden.
Legal culture of lawmaking
Potapenko E. G. Special legal provisions and their role in the regulation of civil procedural relations
Evgeny Georgievich Potapenko
Associate Professor of the Department of Civil Law and Procedure of the Saratov National Research State University named after N. G. Chernyshevsky; Associate Professor of the Arbitration Process Department of the Saratov State Law Academy, Candidate of Law, Associate ProfessorE-mail:This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: The relevance of the article lies in an attempt to substantiate the relatively independent meaning of special procedural provisions formed as a result of the specialization of civil procedural law in the form of interpretation and application. In the study, materialistic dialectics, as well as a set of general scientific and private scientific methods were used as a basic method. The subject of the study is specialization as a process of development of civil procedural law. The purpose of the work is to prove the relatively independent significance of special procedural provisions. The novelty consists in the author's substantiation of the necessity of specialization of law in the form of interpretation and application of procedural norms, identification of cases of such specialization. It is concluded that as a result of the specialization of law, special norms are formed, as well as special procedural legal provisions that make up a single procedural and legal complex.
Keywords: civil procedure, arbitration process, concretization of law, mechanism of legal regulation, implementation of norms of civil procedural law, judicial discretion, set of norms, procedural and legal complex, specialization of law.
Pronina E.N. Alekseev S.O. Legal nature and purpose of the institute of invalidity of transactions
Elena Nikolaevna Pronina
Head of the Department of Civil Law and Procedure of the Volga Institute (branch)VGUU (RPA of the Ministry of Justice of Russia), Candidate of Law, Associate Professor
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Stanislav Olegovich Alekseev
Colonel of Justice, lecturer of the Department of Civil Law of the Saratov Military Order of Zhukov of the Red Banner Institute of the National Guard of the Russian Federation
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Annotation: The article analyzes the purpose of the institution of invalidity of transactions, its essence. The purpose is to identify the place of invalid transactions in the system of grounds for the emergence of civil rights. The main research methods are logical and systematic. The relevance lies in the fact that the term "invalidity" used in the legislation does not reflect the nature of invalid transactions that can give rise to civil rights and obligations. The novelty of the research lies in the authors' attempt to comprehend an invalid transaction as a phenomenon expressing the legislator's approach to assessing certain actions of participants in civil turnover, restriction of their freedom, determined by the level of legal culture. It is concluded that the invalidity of a transaction acts as its atypical property, and the differentiation of valid and invalid transactions occurs according to formal criteria.
Keywords: legal culture, invalidity of transactions, improvement of legislation.
Bogomolova K. I. Raising the level of legal culture as one of the measures to prevent crimes against Rosgvardiya employees
Ksenia Igorevna Bogomolova
Inspector of the analysis and planning group of the police Battalion No. 2 MOVO in Saratov – branch of the UVO VNG of Russia in the Saratov region, police Major, Candidate of Law
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Annotation: The article analyzes the issues of the influence of legal culture on the conscious attitude of citizens to the law and the respectful attitude of Rosgvardiya employees to the performance of official duties, the influence of professionalism and ethical characteristics of the individual on the effective interaction of Rosgvardiya employees with the population. Examples of negative attitude towards the employees of the Rosgvardiya in the performance of their official duties and the commission of crimes against them are given. According to the results of a survey of employees of the VNG of Russia of the Penza, Mordovia, Saratov, Moscow regions, as well as the population of these subjects, problematic issues in this area were identified. The relevance of the research topic is due to the fact that in the conditions of modern socio-political realities, the range of service and combat tasks solved by Rosgvardiya employees is quite wide, the variety of forms and methods of combating mass riots and terrorism, the need to ensure public order and security, impose increased requirements on the level of their legal awareness and legal culture. The subject of the study is the features and mechanisms of the formation of the legal culture of employees of the VNG of Russia and society as a whole. A significant novelty of this work is the analysis of statistics of crimes committed against employees of the Rosgvardiya, a survey of 148 employees of structural divisions of the VNG of Russia, as well as residents of the Penza, Mordovia, Saratov, Moscow regions on issues of interaction and efficiency of performance of official activities. The purpose of the work is to develop effective measures to prevent the commission of crimes against employees of the VNG of Russia on the basis of recommendations on improving methods and mechanisms for the formation of legal awareness and legal culture among the population of the country and law enforcement agencies. To achieve the goal, the main general scientific methods were used (dialectical method of cognition, method of system analysis, deduction and induction, methods of comparisons and analogies, etc.), as well as formal legal, comparative legal and method of legal modeling. According to the results of the study, measures of victimological prevention are proposed in the form of increasing the level of legal culture of citizens, as well as the professional culture of the employees of the VNG of Russia themselves.
Keywords: legal culture, legal awareness, professional legal culture, mechanism of formation of professional legal culture, professional ethics.
Zotina E. V. Theoretical and methodological features of the study of criminological characteristics of the criminal's personality
Elena Vladimirovna Zotina
Head of the Editorial and Publishing Department of the Kazan Law Institute of the Ministry of Internal Affairs of the Russian Federation
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Annotation: The article is devoted to the study of theoretical and methodological features of studying the personality of a criminal in the context of the integration of criminological and linguistic sciences. The methodology of the research was formed by a set of general scientific and private scientific research methods, including the dialectical method of cognition of objective reality, analysis, synthesis, formal legal, sociological and linguistic methods. The purpose of the article is to study the elements of criminological characterization of the criminal's personality through the prism of its linguistic features. Results – the article reveals the criminological potential of the study of the criminal's personality in relation to the analysis of his linguistic personality. The author comes to the conclusion that it is necessary to use the achievements of modern linguistic science in the study of socio-demographic and moral-psychological components of the criminological characteristics of the criminal's personality.
Keywords: criminal, criminology, criminological characteristics of the criminal's personality, linguistic personality of the criminal.
Legal culture and international cooperation
Grigorieva O. G. Manipulation of legal guarantees of inviolability of property in "unfriendly" Western countries
Olga Grigorieva
Professor of the Department of State Regulation of the Moscow State Institute of International Relations (University) Ministry of Foreign Affairs of the Russian Federation, Doctor of Law, Associate Professor
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Annotation: In the legislation of almost every civilized state that calls itself legal and democratic, guarantees of inviolability of private property are declared, the seizure of which is possible only as a last resort to ensure public interests and with proportionate compensation to the owner. At the international level, inviolability (immunity) is guaranteed state property. However, over the past year, we have seen how Western countries, bypassing the legal guarantees of inviolability of property established by themselves, have been arresting, "freezing", confiscating not only the assets of Russians, but also state property. This determines the relevance of the article. The purpose of the study is to analyze the mechanism of manipulation of legal guarantees on the inviolability of property by the "leading" Western countries in the context of anti–Russian sanctions. The subject of the study was the acts of national legislation of a number of Western countries and acts of international law on property, as well as the facts of encroachment on Russian public and private property. The methodological basis of the research is represented by both general scientific methods of cognition and private ones, the main one of which was comparative law. According to the results of the study, the conclusion is substantiated that Western countries, under the pretext of anti-Russian sanctions imposed by themselves, manipulate legal guarantees of the inviolability of property, fixed both at the national (in relation to private property of Russians) and at the international level (in relation to Russian state property).
Keywords: manipulation of legal guarantees, private property, state property, anti-Russian sanctions, inviolability of property.
Chuprova A. Y. Fomenko E. V. Kameneva Z. V. Problems of legal assessment of money laundering: comparative aspect
Antonina Yurievna Chuprova
Professor of the Department of Criminal Law and Criminology of the VSUU (RPA of the Ministry of Justice of Russia), Doctor of Law, Professor
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Elena Vladimirovna Fomenko
Professor of the Department of Criminal Law and Criminology of the VSUU (RPA of the Ministry of Justice of Russia), Doctor of Law, Associate Professor
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Zoryana Viktorovna Kameneva
Associate Professor of the Department of Civil and Business Law of the VSUU (RPA of the Ministry of Justice of Russia), Candidate of Law, Associate Professor
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Annotation: :The relevance of the study is due to the need to counter threats to the economic security of the state associated with an increase in the level of criminalization of the economy. The legal culture of conducting legal business and carrying out other economic activities in the country requires a state response to such crimes using all possible, but first of all, criminal legal means of influence. The purpose of the work is to study the problems of criminal liability for the legalization of criminal proceeds in the law of the United States of America and the Russian Federation. The article analyzes the concept of "criminal proceeds", examines the content of such signs of the composition of the legalization of criminal proceeds as a financial transaction, guilt and the purpose of committing a crime, their impact on the qualification of the act under study. Conclusions are drawn about the expediency of introducing amendments to the current legislation to eliminate the existing legal contradictions and gaps.
Keywords: criminal activity, income, legalization of illegal income, financial transaction, purposes of committing a crime, intentional blindness, legal responsibility.
Legal culture and education
Ryzhova A. A. Ryzhova O. A. Measures of social support and stimulation of students in the Russian Federation
Anastasia Andreevna Ryzhova
Associate Professor of the Department of State and Legal Disciplines of the Law Institute of Penza State University, Candidate of Law
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Olga Alexandrovna Ryzhova
Associate Professor of the Department of Criminal Law of the Law Institute of Penza State University, Candidate of Law
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Annotation: :The relevance of the research topic is due to the need for state support of students in educational organizations. The purpose of the work is to study and generalize the existing measures of social support and incentives from the state, educational organizations. The subject of the study is the current legislation in the field of education, programs for the development of educational organizations of higher education. Formal legal and comparative legal methods were used in the work. The novelty of the work consists in determining the directions that can be put into the program of development of support and incentive measures from the state, educational organizations, business communities. Based on the results of the study, proposals have been formulated aimed at developing relevant programs of measures to support students, which will be aimed at the overall development of personality and raising the level of legal culture.
Keywords: student, education, social support measures, science, educational organization, development strategy, state, right to education, culture, legal culture, business communities.
Tribune of a young scientist
Harin V. I.Legal consequences of temporal conflicts related to the legal nature of the share in the authorized capital of a limited liability company when making transactions on the transfer of property to trust management
Vasily Ivanovich Kharin
Postgraduate student of the Department of Civil and Business Law of the VSU (RPA of the Ministry of Justice of Russia)
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Annotation: :The article considers a share in an LLC as an object of trust management of property. A temporal conflict related to the legal status of the share has been identified, affecting its transfer to trust management, which determines the relevance of the study. The purpose of the work was to consider the possibility of transferring a share in an LLC to the trust management of property. The subject of the study were the provisions of the doctrine and regulations on the issue under consideration. The theoretical and methodological basis was formed by the works of scientists in the field of civil, corporate and anti-corruption law, which mention the institution under consideration. The formal legal method was used. Based on the results of the study, it was proposed to establish a mechanism for transferring a share in an LLC to trust management for certain categories of persons.
Keywords: limited liability company, share in the authorized capital of the company, property rights, trust management of property, objects of trust management of property.
Milusheva T. V. Legal space and functioning of state power
Tatiana Vladimirovna Milusheva
Head of the Department of Civil Law and Process of the Volga Institute of Management – Branch of RANEPA, Doctor of Law, Associate Professor
Suleymanov B. B. Actual problems of formation of a single legal space
Bigruzi Bukharinovich Suleymanov
Head of the Department of Theory of State and Law of the North Caucasus Institute (branch) VGUU (RPA of the Ministry of Justice of Russia), Candidate of Historical Sciences, Associate Professor, Honored Lawyer of the Republic of Dagestan
Krasyukov A.V. Sociological monitoring in a single legal space
Andrey Valeryanovich Krasyukov
Senior Researcher of the Research Department of the Volga Institute (branch) VGU (RPA of the Ministry of Justice of Russia), Candidate of Sociological Sciences
Elistratova V. V. On the problem of the Unified Legal space of the Union State of Russia and Belarus
Valentina Vladimirovna Elistratova
Associate Professor of the Department of Criminal Procedure of the Saratov State Law Academy, Associate Professor of the Department of Humanities, Socio-Economic and Legal Disciplines of the Volga Institute (branch) VGUU (RPA of the Ministry of Justice of Russia), Candidate of Law, Associate Professor