Legal culture and state-legal life of society
Skorobogatov A.V. Skorobogatova A. I. Legal reality in a teleological context;
Andrey Valeryevich Skorobogatov
Professor of the Department of Theory of State and Law and Public Law Disciplines of Kazan Innovation University named after V. G. Timiryasov (IEUP), Doctor of Historical Sciences, Associate Professor
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Anna Ildarovna Skorobogatova
Head of the Department of Pedagogical Psychology and Pedagogy of Kazan Innovative University named after V. G. Timiryasov (IEUP), Candidate of Pedagogical Sciences, Associate Professor
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Abstract: The relevance of the article is due to the expansion of the importance of goal-setting in the legal development of Russia. The subject of the analysis is the category of "legal purpose". The methodological basis of the study is the integrative approach to the study of the legal purpose, substantiated by D. Kopp. The purpose of the article is a comprehensive study of the role of legal purpose in the development and functioning of legal reality. The novelty of the research is formulated in the conclusion that the legal goal is an ideal model of a certain social state or process, assumed and guaranteed by the addressee, which the addressees of legal communication strive to achieve with the help of legal means. The practical significance of the study is connected with the need to use the category "legal purpose" at all levels of legal reality.
Keywords: legal purpose, legal reality, teleology of law, legal communication, legal values, legal interests.
Legal culture and state-legal policy of modern Russia
Artemova D. I. Legal culture of strategic development of the subjects of the Russian Federation;
Daria Igorevna Artemova
Associate Professor of the Department of Justice of Penza State University, Candidate of Law, Associate Professor
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Abstract: The relevance of the article is due to the strengthening of the role of regional strategic planning, which is a necessary condition for improving the efficiency of state management of the region. The subject of the study is the strategies of the subjects of the Russian Federation as a long–term plan that ensures a sustainable increase in the welfare of citizens, national security, dynamic economic development, strengthening the position of the subject. The purpose is a legal study of the current program documents at the level of the subjects of the Federation, which are practically formed, but still have a framework character. Various examples of building a planning system are highlighted. The methods of dialectical, comparative legal, formal legal, systemic, logical analysis and synthesis are used. The necessity of forming an integral strategic planning system that promotes close coordination between the Federal Center, the subjects of the Russian Federation, municipalities and civil society as a whole is shown. Objective difficulties in the implementation of strategic planning are noted.
Keywords: region, citizen, economic potential, legal culture, state regulation, strategy, libertarianism, Keynesianism.
Grigorieva L. V. Trends in criminal policy through the prism of administrative prejudice in domestic criminal law
Lyudmila Viktorovna Grigorieva
ZDocent of the Department of Criminal and Penal Enforcement Law of the Saratov State Law Academy, Candidate of Legal Sciences
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Annotation: The article considers the question of understanding the role of administrative prejudice in criminal law and its impact on the criminal policy of Russia at the present stage. The key debatable issues of the institute of administrative prejudice in scientific doctrine are investigated. The purpose of the article is a rational and critical analysis of the current situation on the issue of the legal essence of administrative prejudice and its function as an instrument of criminal policy. The essential characteristics of administrative prejudice in the context of the scope of criminal law are considered. The conclusion is made about the increase in the degree of public danger of a subject who has committed multiple repetitions of the same act. Within the framework of the text of the criminal law, administrative prejudice acts as a characteristic of a special subject of a crime, which changes traditional approaches to understanding the grounds for criminalizing acts. As a result, the author comes to the conclusion that the use of the institution of administrative prejudice in criminal law carries more negative consequences than positive results.
Keywords: administrative prejudice; criminal policy; repetition of offenses.
Legal culture of lawmaking
Fedyunin A. E. Peretyatko N. M. Issues of culture of legal regulation of compensation for rehabilitated property damage (criminal procedural rehabilitation)
Anton Evgenievich Fedyunin
Professor of the Department of Criminal Procedure of the Saratov State Law Academy, Doctor of Law, Associate Professor
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Natalia Mikhailovna Peretyatko
Associate Professor of the Department of Criminal Procedure of the Saratov State Law Academy, Candidate of Legal Sciences, Associate Professor.
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Annotation: The article discusses the actual problems of improving the culture of rulemaking in the field of procedural regulation of compensation for rehabilitated property damage. The subject is the legal norms regulating the institute of rehabilitation. The purpose is to study the problems of legal culture that arise when compensating for harm to a rehabilitated person. Traditional general scientific and special legal methods are used – formal legal, logical, analytical. Results: proposals have been developed to reform the regulatory framework for the compensation of harm to a rehabilitated person, allowing to exclude the violation of his constitutional rights. Conclusion: it seems relevant to single out the subinstitute of complete criminal procedural rehabilitation and the subinstitute of compensation for property damage resulting from lawful criminal prosecution; a new interpretation of the concept of rehabilitated; the establishment of a legislative restriction on the turn of the case for the worse when appealing court decisions on compensation to a rehabilitated person for property damage in cassation.
Keywords: criminal procedural rehabilitation, a turn for the worse, compensation for property damage, legal regulation of rehabilitation, cassation appeal of court decisions.
Legal culture of law enforcement
Kudinova N. S. Panova Yu.A. Legal and ethical aspects of forensic expertise
Natalia Sergeevna Kudinova
Associate Professor of the Department of Criminology of the Saratov State Law Academy, Candidate of Legal Sciences
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Yulia Anatolyevna Panova
Head of the Department of Criminal 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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Annotation: The article discusses the development of anti-corruption culture, the problems of expert practice, provides a list of binding moral rules, non-compliance with which leads to expert errors and falsification of expert opinions. Subject of research: legal and ethical aspects of forensic expert activity. The purpose of the work is to analyze the institute of forensic activity. The methodology of the research includes general scientific and special legal research methods: analysis of legal norms, materials of expert practice. The scientific novelty of the article lies in the analysis of the elements of the legal status of an expert in relation to ethical norms, assessment of the reliability of expert opinions and the possibility of their falsification. Conclusions are formulated about the need for further improvement of the procedure for recognizing the expert's opinion as reliable in order to improve the culture of law enforcement in the field under study.
Keywords: expert ethics, expert error, deliberately false conclusion, corruption component.
Pronina E. N. Romanenko N. L. Ryazanova E.A. Invalidity of transactions: search for certainty
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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Natalia Leonidovna Romanenko
Deputy Head of the Department of Civil Law of the Saratov Military Order of Zhukov of the Red Banner Institute of the National Guard Troops of the Russian Federation, Candidate of Pedagogical Sciences, Associate Professor
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Ekaterina Anatolyevna Ryazanova
Senior 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, Candidate of Law
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Annotation: The relevance of the article lies in the fact that at present, the legislator, clearly differentiating between insignificant and disputed transactions — really differing on the grounds of their recognition as such — nevertheless, in some cases operates with the general concept of invalidity, which leads to legal uncertainty. The shortcomings of the current legislation, interpretation and law enforcement practice are identified in order to identify problems of qualifying transactions as void or disputed. The main research methods are logical and method of analysis. The novelty lies in the authors' attempt to develop a common approach to the legal assessment of transactions called invalid by the legislator. The authors come to the conclusion that in order to develop a legal culture, civil legislation needs to be improved, and propose a variant of its change.
Keywords: legal culture, invalidity of transactions, improvement of legislation
Shcherbakova L. G. On the question of the relationship between the concepts of "electronic justice", "electronic legal proceedings" and "informatization of courts" in civil cases
Lilia Gennadievna Shcherbakova
Associate Professor of the Arbitration Process Department of the Saratov State Law Academy; Associate Professor of the Civil Law and Process Department of the Volga Institute (branch) VGUU (RPA of the Ministry of Justice of Russia), Candidate of Law, Associate Professor
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Annotation: Understanding the quality and degree of implementation of digital technologies in legal proceedings makes it possible to identify the weaknesses of such electronic institutions, optimize the rule-making process in this direction. This determines the relevance of the article. The subject of the study is the individual views of scientists concerning the essence of electronic legal proceedings in the administration of justice in civil cases. The purpose of the work is to reveal the essence of electronic legal proceedings in the administration of justice in civil cases, to understand the relationship between the concepts of "electronic justice", "electronic legal proceedings", "informatization of courts". The authors used the laws of formal logic, the method of system analysis, and the comparative legal method as methods of scientific research. Results: the author's position regarding the incorrect use of the terms "electronic justice", "electronic legal proceedings" and "informatization of courts" is formulated. The article analyzes the term "electronic justice" and concludes that "information technologies in court proceedings", "informatization of courts", "electronic court proceedings" are not identical and different in scope categories, while the concept of "electronic justice" includes the rest.
Keywords: electronic justice, electronic court proceedings, artificial intelligence, court informatization, information technologies in court proceedings, digital transformation, digital technologies.