"The Legal Culture" № 2(25) 2016
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
Mal'ko A. V., Terehov E. M. Legal Interpretative Activity and Problems of Its Improvement
Alexander Vasil'evich Mal'ko
Director of the Saratov branch of the Institute of state and law of RAS, doctor of legal sciences, professor, Honored scientist of the Russian Federation
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Evgenij Mihajlovich Terehov
Senior lecturer of the Department of state and legal disciplines of the Balakovo branch of the Saratov state law Academy, candidate of legal sciences
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Annotation: legal interpretative activity, like any other type of legal activity, is not devoid of problems, the main of which should be to admit the unsystematizability of interpretive acts; the lack of doctrinal document which outlines the common ways of implementing legal interpretative activity and reflects its main tendencies; the publication of controversial interpretative acts; the lack of statutory mechanism for monitoring acts of interpretation of law. The existance of such problems not only hampers its development but also serves as a legal basis for carrying out the optimization process aimed at improving the efficiency of interpretation of law.
This article discusses some aspects of the interpretation of legal activity implementation; discusses its independence as a kind of legal activity. It identifies some inconsistencies and proposes some possible solutions.
Keywords: legal activity, legal interpretative activity, legal interpretative error, interpretation act, Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, European Court of human rights.
Philosophy of Legal Culture. The Theory is Right. State Theory
Haliulin V. E. The Sense of Justice As a Tool of Adaptation of Social Values to Legal Reality
Vjacheslav Esenovich Haliulin
Associate Professor of the Department of theory of law of the Volga region Institute of administration named after P. A. Stolypin – branch of RANEPA under the President of the Russian Federation, candidate of legal sciences
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Annotation: the article examines the influence of legal consciousness on the processes of lawmaking and implementation of law. Special attention is paid to the questions of reflection of the content group and individual legal consciousness on the formulation of rules of law and application of laws motivation for action. The relevance of the study lies in the consideration of legal consciousness as a dynamic environment, through which and due to which the legal influence on social relations is realised. One offers a comprehensive examination of the impact of each element of legal consciousness, revealing its capacity to ensure the cooperation of diverse social interests.
Keywords: legal consciousness, law-making body awareness, interaction of social interests, sense of justice and social values, social interests and values in law, lawmaking, legal enforcement, legal ideology.
Makarova E. G. Awareness of the Law and Its Impact on the Participation of Citizens in the Public Order Protection
Elena Grigor'evna Makarova
Associate Professor of the Department of administrative law and administrative activity of the Internal Affairs’ bodies of the Omsk Academy of MIA of Russia, candidate of legal sciences, associate professor
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Annotation: the article discusses the contemporary background issues of participation of citizens in the protection of the public order, which are determined by the citizens’ awareness of the need to provide their part of assistance to the internal affairs’ bodies. The basis for such participation should rest on the initiative of citizens, rather than on creating new law enforcement structures. However, due socio-political, socio-economic and organizational conditions for comprehensive involvement of citizens in protection of a public order have not yet formed.
Keywords: legal awareness, rights of citizens, police, policing, security, law enforcement, law and order, combating crime.
Ahmedov A. Ja. The Development of the Principle of Freedom of Contract in Conditions of the Increase of Requirements to the Legal Culture of Civil Law Subjects
Arsen Jarahmedovich Ahmedov
Lecturer of the Department of civil and family law, Saratov state law Academy, candidate of legal sciences
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Annotation: the article notes the existence of two legal trends: providing greater contractual freedom of subjects of civil law and the setting of higher requirements for behaviour of participants of civil legal relations, associated with a certain level of integrity, fairness, respect for the rights and legitimate interests of the counterparties. Submission of claims to the legal culture of the contractual relationship subject should be accompanied by increase in the discretion of the parties to the contract. In the end, such a direction of civil policy should contribute to the stability of treaty relations.
Keywords: the principles of civil rights, freedom of contract, contractual law, legal culture, cooperation, integrity, freedom of contract limits, agreement stability.
Akimova N. V. The Sources of Buddhism and Citizens’ Legal Awareness: Criminal-Legal Aspect
Natalija Viktorovna Akimova
Associate Professor of the Department of criminal law and criminology of the Russian state University of justice (Russian Law Academy of Ministry of Justice of Russia), candidate of legal sciences, associate professor
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Annotation: the article analyzes the ratio of different fundamental precepts of Buddhism and of criminal legal prohibitions and their effects on the legal awareness of citizens. It is noted that a considerable part of the virtues proclaimed by Buddha, in the sense are very similar to the criminal law of most modern states, in this connection, following the teachings does not make the behaviour and way of life of a believer in conflict with the laws of the state of which he is a citizen. While violations of law arise not because of fear of criminal and other sanctions of the state, rather from inner conviction, which is extremely important in modern conditions.
Keywords: Buddhism, religion, karma, law-abiding behaviour, socially dangerous behaviour, moral principles, criminal legal rules, prohibitions, criminal law.
Suhova N. I. Associate professor of the Department of theory of state and law, Saratov state law Academy, candidate of legal sciences, associate professor
Nadezhda Ivanovna Suhova
Defective Norms: the Problem of Their Terminological Unification
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Annotation: ineffective legal impact is often caused by the existence ofin a legal system of the defective statutory regulations, which may shape various terminological forms: inefficient norms, “dead” rules, inoperative, outdated regulations, dormant, unenforceable, etc., which leads to inaccuracies and sometimes to a confusion in the process of studying the legal means and reasons of defeciencies of the legal regulation. The author makes an attempt on the basis of generalization of knowledge of defective legal requirements to offer them an option for their groupings corresponding to the rules about the effect of legal rules, legal techniques, legal practice.
Keywords: legal regulation, legal prescription, defective legal norms, “dead” legal norms, implementation of legal norms, validity of law, mechanism of implementation of law rules.
Dmitrieva V. A. Philosophy of Law By N. N. Alexeyev and Its Contribution to the Development of Legal Culture
Valerija Alexandrovna Dmitrieva
Dean of the faculty of higher education of the Volga Institute (branch) of the All-Russian State University of Justice in the city of Saratov, candidate of philosophical science
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Annotation: the article is devoted to the key points of the concept of philosophy of law by N. N. Alexeyev associated with the system of the philosophy of law created by him. Particular attention is drawn to the correlation of the notions of law and morality, law and culture, the place of law in culture as well as on the links between moral principles and law. One analyzes the basic concepts of philosophy of law that existed at the early twentieth century such as legal sociology, natural law, phenomenological approach to the philosophy of law. The latter approach is analysed in connection with the way, along which N. N. Alexeyev sought to adapt it.
Keywords: philosophy of law by N. N. Alexeyev, legal sociology, natural law, phenomenology, and philosophy of law, axiological aspects of law, legal ideal.
Legal Сulture of Right Creativity
Bazhanov S. V. Comprehensive Legislative Regulation of Procedure of Bringing the Found Objects of Investigation to Its Initiator’s Availability as a Determinant of Legal Culture of Respective Legal Relations
Stanislav Vasil'evich Bazhanov
Leading researcher of the Division of problems of prosecutorial supervision and strengthening of legality in the sphere of economy of the Scientific Research Institute of the Academy of the Prosecutor General of the Russian Federation, doctor of legal sciences, professor, senior counselor of justice, academician of the Petrovskaya Academy of Sciences and arts
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Annotation: the article examines some legal issues associated with the tracing of suspects, accused, defendants and convicts, and their conveyance to the place of preliminary investigation (trial). The author defends the point of view according to which the parties to criminal proceedings (primarily, suspect and accused) should be remanded in custody at the place of their discovery, and subsequently be transported to the disposal of the initiator of the search. This approach should increase the efficiency of criminal procedure, operatively-search and search activities of the staff of investigative and operational search agencies in the area of detection, disclosure and investigation of crimes, aimed at protecting the rights and legitimate interests of law-abiding citizens.
Keywords: escorting, convoying, suspect, accused, defendant, convicted, initiator of search, investigation, trial, measure of restraint.
Legal Culture of the Law Enforcement
Sergun P. P., Bobrov A. M. Development of Legal Culture in the Aspect of Conferring Officials Some Internal Powers to Examine Cases on Administrative Offences
Petr Pavlovich Sergun
Director of the of the Volga Institute (branch) of the All-Russian State University of Justice in the city of Saratov, Doctor of legal sciences, professor, Honored lawyer of the Russian Federation
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Artem Mihajlovich Bobrov
Head of the Department of state and legal disciplines of the Perm Institute of the Federal Penitentiary Service of the Russian Federation, candidate of legal sciences
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Annotation: the article discusses the features of administrative jurisdiction relating to the implementation of procedure on cases of administrative offences in respect of persons that are members of an internally organizational system and entering among themselves into the state-service relations. This feature analyzes the current administrative legislation of the Russian Federation, as well as the draft of the new Russian Federation Code of administrative offences on the example of considering the cases on administrative violations of sanitary-epidemiological and veterinary legislation.
Keywords: administrative-jurisdictional legal relations, state-service legal relations, minutes on administrative offense, consideration of case on administrative offence, administrative responsi