"The Legal Culture" № 3(22) 2015
Bases of a State Policy in the Sphere of Development of Legal Literacy and Sense of Justice of Citizens: Theory and Practice of Legal Life
Akimova N. V. Russian Legal System and Islamic Law: Aspects of Correlation
Natalija Viktorovna Akimova
Associate Professor of the Criminal Law and Criminology Department of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Candidate of Juridical Science
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Annotation: the article is devoted to the issues of coexistence of Islamic and Orthodox communities in Russia nowadays. The author analyzes peculiarities of world outlook and legal awareness based on Islamic values and ruling in Muslim world as opposed to the popular majority’s view on the same things. The author describes cases of conflicts between Shariah laws and the Russian legislation and suggests some resolution options. On the author’s point of view, in general it is possible to use Shariah for regulating social relations according to the Russian legal system but only concerning norms which are not connected to religion but appropriated to juridical rules of behavior. At the same time it doesn’t seem to be possible nowadays because of a number of reasons the author identified in the article.
Keywords: Moslem Law, Islam, Shariah, religion, legislation, legal values, basic human rights and liberties.
Borsuchenko S. A. Right of a Convict in Freedom of Worship and Conscience
Svetlana Alekseevna Borsuchenko
Associate Professor of the Criminal Law and Criminology Department of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Candidate of Juridical Science
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Annotation: the author of the article analyzes legislation grounds of convicts’ rights in freedom of worship and conscience, and the Russian Federation legislation criminal-executive norms which determine main options of interaction between religious organizations and correction facilities. The author describes disadvantages of legal regulation system and suggests legal options increasing effectiveness of realization of the described right by the convicts.
Keywords: religious organizations, criminal-executive system, the convicts, law, social impact, educational work, public control.
Cherkasov K. V., Zakharevich D. A. Culture of Power Openness as the Mean of Perfection of State Administration in Modern Russia
Konstantin Valer'evich Cherkasov
Department Chair of Administrative, Financial and Informational Law of the Russian Academy of National Economy under the President of the Russian Federation (Nizhny Novgorod Administration Institute), Doctor of Juridical Science, Associate Professor
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Dmitrij Aleksandrovich Zakharevich
Faculty Member of Administrative, Financial and Informational Law of the Russian Academy of National Economy under the President of the Russian Federation (Nizhny Novgorod Administration Institute)
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Annotation: currently in Russia the work in underway on the creation of the system “Opened Government”. One of the tasks of the system is to form opened state administration ensuring more close interaction of the authority and society. The author of the article describes main factors hindering the development of opened state administration in Russia. Special attention is paid to the formation of openness culture. The author formulates options of formation of openness culture among civil servants and citizens.
Keywords: “opened government”, opened state administration, openness culture, state civil service, information and communication technologies in administration, corruption, vocational education.
Philosophy of Legal Culture. The Theory is Right. State Theory
Arsanukaevа M. S., Bittirova T. Sh. Attorneys at Law among Caucasians and their Role in the Development of North Caucasian People Legal Culture (the latter half of XIX – the early XX centuries)
Malikа Sultanovna Arsanukaevа
Professor of the Department of Business Law, Civil and Arbitration Process of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Doctor of Juridical Science, Candidate of Economic Sciences, Associate Professor
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Bittirova Tamara Shamshudinovna
Chief Research Scientist of the Kabardino-Balkarian Humanitarian Research Institute of RSA (Russian Science Academy), Doctor of Historical Science, Professor
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Annotation: the article is dedicated to the history of formation of class of attorneys at law among North Caucasian nation in the latter half of XIX and the early XX centuries. The lawyers, described in the article, have got very good education in the best universities in pre-revolution Russia and European countries, they knew Russian law and local legal customs, the Russian and the native languages well They understood troubles and expectations of populace. The author underlines that Caucasian lawyers worked as the attorneys of law using their knowledge and experience to protect rights of their fellows and to form qualitatively new legal awareness and culture among them.
Keywords: law, interest, lawyers, attorneys at law, Russia, North Caucasus, Caucasians, intelligentsia.
Skorobogatov A. V., Krasnov A. V. Legal Reality in Russia Through Post-Classical Paradigm
Andrej Valer'evich Skorobogatov
Professor of the State and Law Department of the Kazan Juridical Institute (brunch) of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Doctor of Historical Science, Associate Professor
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Aleksandr Valer'evich Krasnov
Associate Professor of the Law Theory and History of the Kazan Institute (brunch) of the Russian Academy of Justice, Candidate of Juridical Science, Associate Professor
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Annotation: the paper is dedicated to the research of legal reality in modern Russia. The authors demonstrate that Russian legal reality consists of 3 levels: law-making, law-enforcement, and legal behavior. Legal behavior is determining level of the legal reality, because it is oriented on compliance with non-enacted law. Legal reality in Russia is characterized by intersecting condition of modern society expressed through wide spread of non-legislative (lawless) practices, low level of the normative legal culture, legal nihilism, and legal infantilism.
Keywords: legal reality, legal experience, legal ideal, non-enacted law.
Fomichenko M. P. Constitutional and Legal Issues of Provision Henotic Mission of the Russian Nation
Mikhail Petrovich Fomichenko
Professor of the Constitutional and Municipal Law Department of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Doctor in Juridical Science
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Annotation: the article covers the question of increasing henotic role of the Russian nation. This problem is needed to be solved because otherwise no nation can feel nationally equipped in Russia. First of all it means ensuring unity of the Russian nation. National health of the Russian people must be recognized as a criterion of judgment of health of the Russian world in general. The situation can be described through international and Russian national context which contains political, social-economic, cultural, demographic, and migratory processes in the Russian Federation and beyond. In isolation from other aspects it is not possible to solve problems of the Russian nation. The author justifies concrete options.
Keywords: related to national development, the Russian nation, the Russians, the Slavs, population, the Russian language.
Chechin V. A. Dogmatic Grounds of Development of the Public Prosecutor’s Department in the Russian Federation
Vladimir Anatol'evich Chechin
Head of the 1st Department of Criminal and Judicial Administration of the Public Prosecutor’s Office in Saratov region, Senior Counselor of Justice
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Annotation: the author of the article analyzes constitutional settings of public prosecutor’s department development. Factors determining status meaning of the public prosecutor’s department in the system of state authority bodies are described. Caused by globalization material aspects of public prosecutor’s department functioning get the priority meaning. The article contains comparative analysis of the interaction between prosecutor’s department and the other government institutions. The author suggests concept of structuring and activity of prosecutor’s department in conditions of globalization in Russia. The author also justifies that it is necessary to form prosecutor’s department as separate system subject in state working mechanism. This conclusion is due to the necessity of enforcing of supervision effectiveness because of intersecting principle and external judicature.
Keywords: constitution, settings, doctrine, public prosecutor’s department, authority, intersecting, external judicature, state supervision and control.
Legal Сulture of Right Creativity
Saenko L. V. Legislative Control of the Family Rights of the Child in Post-Soviet Space: Cultural and Legal Traditions
Ljudmila Vladimirovna Saenko
Doctoral Student of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Candidate of Juridical Science, Associate Professor
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Annotation: attitude to the child, settled by rules of law, can be considered as the main index of cultural evolution of the society in general and the legal culture in particular. The author of the article describes fundamental rights of the child in family law in the CIS’s (Commonwealth of Independent States) countries. The article contains comparative analysis of Family Codes of CIS’s countries which is aimed to find out some features to underline formed national cultural and legal traditions. Based upon the research the author concludes that positive experience of the CIS’s countries in legal family regulation must be used in case of changing of the Russian family legislation concerning legal status of the child. Common progressive character of the norms of family legislation of CIS regulating rights of the minor children must be taken into account in the development of model Family Code of the CIS.
Keywords: family, family legal relationship, family rights of the child, Commonwealth of Independent States, family legislation, model Family Code.
Sergun E. P. Criminal Liability for Financing of Extremist Activity According to the Russian Criminal Law
Evgenij Petrovich Sergun
Leading Researcher of the Department of the Scientific Center for Corruption Control of the Volga Region (Saratov) Juridical Institute (the brunch) of the Russian Law Academy of Ministry of Justice of the Russian Federation, Candidate in Juridical Science
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Annotation: the article contains detailed criminal and legal characteristics of the components of crime stipulated by 282.3 paragraph of the Criminal Code of the Russian Federation “Financing Of Extremist Activity”. The author finds out scientific and practical aspects which exist in the process of classification of acts within described rule, which are: a) ambiguity of the crime attack object; b) possible lack of independent material sign (public danger) of the crime; c) irresistible conflict of criminal and legal rules; d) non-defined moment when financing of extremist activity was stopped; etc. The author justifies suggestion to exclude the described paragraph from the Russian criminal legal system.
Keywords: financing of extremist activity, financing of terrorism, extremism, crimes against the foundations of the constitutional system and state security, criminal legal policy.
Legal Culture of the Law Enforcement
Filippov S. A., Shherbakova L. G. Procedural Culture of Composing Legal Papers By Lawyers within Civil Proceedings