"The Legal Culture" № 4(27) 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
Cybulevskaja O. I., Milusheva T. V. Values of Legal Culture and Russian Statehood
Ol'ga Ivanovna Cybulevskaja
Head of the department of theory of law of the Volga Region Institute of Management named after P. A. Stolypin– branch of the Russian Academy of National Economy and Public Administration (RANEPA) under the President of Russian Federation, doctor of legal sciences, Professor
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Tat’jana Vladimirovna Milusheva
Head of the department of civil law & process of the Volga Region Institute of Management named after P. A. Stolypin – branch of the Russian Academy of National Economy and Public Administration (RANEPA) under the President of Russian Federation, doctor of legal sciences, Associate professor
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Annotation: the present feature discusses the current state of legal culture in Russia, its peculiarities, factors of formation, development perspectives. The authors proceed from a broad understanding of legal culture beyond the legal space of matter limits, in which the socially significant human and social life is refracted. Russian legal culture is a transition, contains multidirectional trends: “inherited” the most rational, proven items of legal culture, as well as relatively new ones, shaping in the conditions of the post-Soviet reality. Special attention is paid to the values of legal culture in the conditions of formation of civil society and legal state.
Keywords: legal consciousness, legal culture, justice, lawfulness.
Kozlova E. B. Problems of Formation and Implementation of Regional Policy of Anticorruption Awareness Raising at the Present Stage
Elena Borisovna Kozlova
Director of the center for scientific research, professor of the department of civil & entrepreneurial law of the All-Russian State University of Justice, doctor of legal sciences, Associate professor
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Annotation: the article is based on the study of regional legislation which forms the anti-corruption policy of constituent entities of the Russian Federation, and leads to a conclusion about the availability of systematic errors in establishing the mechanisms of anti-corruption awareness raising. One reveals a discrepancy between regional legislation and the Model law on education, adopted in St. Petersburg 07.12.2002 by the Inter-Parliamentary Assembly of States – participants of the CIS. One proposes a number of measures for the development of the system of regional anti-corruption awareness raising related to the expansion of the circle of subjects of the anticorruption policy, to the development of the awareness raising functions of anti-corruption activities, to the introduction of new awareness raising anti-corruption programmes.
Keywords: corruption, awareness raising, anti-corruption awareness raising, anti-corruption legislation of constituent entities, anti-corruption awareness raising programmes, anti-corruption regional policy, awareness raising activity, subjects of awareness’ raising activities.
Philosophy of Legal Culture. The Theory is Right. State Theory
Vorob'ev S. M. Individual Social and General Social Levels of Focus of Psychic Violence: the Problem
Sergej Mikhajlovich Vorob'ev
Professor of the department of theory of state & law, international and European law of the Academy of Federal Penitentiary Service of Russia, doctor of legal sciences, Associate professor
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Annotation: the present scholarly feature is devoted to the problems of the risk of causing psychological violence, it considers the linkages causing this violence with negative consequences for society and the individual. Based on the study of opinions of various scholars, the author comes to the conclusion about the necessity of legislative consolidation of the definition of psychological violence, offers a definition of psychological violence is individual-social and society-wide level. The paper used is modern, scientific and special methods of cognition: analysis, synthesis, historic-legal, structural-functional, normative, logical, complex ones. Scientific novelty of the work consists in the consideration of psychological violence, given its prevalence and the danger to society and man. The author does not claim to offer unambiguous definitions of psychological violence of individual and social levels, makes the conclusion about the feasibility of bearing some further research and the development of both these and other concepts associated with mental violence.
Keywords: mental violence, fear, harm, crimes, impact, society, man.
Sergun E. P. Domestic Crime as a Criminological and Moral-cultural Category
Evgenij Petrovich Sergun
Associate Professor of the department of criminal law, administrative law and procedure of the Gorno-Altaisk State University, candidate of legal sciences
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Annotation: the article presents the author’s criminological definition of “domestic crime” through defending the thesis that family and domestic relationship as any other type of social interaction, is able to determine criminal behavior. The family, as the traditional socio-cultural institution has a moral component, the content of which may run contrary to modern legal notions of legitimate behavior. The question of how legitimate the state intervention in the established family domestic order would be, though it still remains debatable. However, it is expected that the family should be the object of criminological study not so much as the environment in which one can implement one’s criminal intents, but rather as a sphere of social relations that generate the causes and conditions of deviant behavior subject to scientific scrutiny. Otherwise, the allocation of criminofamilistics as an independent branch of criminology seems far from being obvious.
Keywords: family domestic crime, domestic violence, criminofamilistica, types of crime, crime prevention, criminological policy.
Lipatov Je. G. Problem of Increase of the Level of Legal Culture of the Society in the Context of Legal Regulation of Charitable Activities
Jeduard Georgievich Lipatov
Head of the department of administrative & criminal law of the Volga Region Institute of Management named after P. A. Stolypin – branch of the Russian Academy of National Economy and Public Administration (RANEPA) under the President of Russian Federation, doctor of legal sciences, professor
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Annotation: the article examines the impact of charitable activities on solving the tasks of the social state. The charity is analyzed as an alternative way to meet the social needs of society, which does not require any costly bureaucratic power mechanism of social wealth distribution. One analyzes the problems of development of legal relations in the field of philanthropy in the modern period in the Russian Federation, and also certain questions of increase of legal culture of society in the context of legal regulation of charitable activities.
Keywords: charitable activity, welfare state, charitable organization, non-profit organization, public association.
Isakov I. N. The Legal System of a Society: Basic Characteristics
Igor' Nikolaevich Isakov
Doctoral student of the department of theory of state & law of the Saratov State Law Academy, candidate of legal sciences, Associate professor
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Annotation: the feature subjects to analysis the legal system as one of the key social, cultural and legal phenomena of society, provides its detailed characteristics as a holistic cultural and legal phenomenon. Careful attention is paid to justification of the fact that the legal systems of the countries with federal arrangement require some special in-depth study. For the argument one notes that in many countries the socio-legal reality regularly gets complicated on the ethnic grounds and requires that politicians and legal scholars would have improved or found new approaches concerning certain priorities and ways of development of national legal systems.
Keywords: legal system, legal culture, state, political system, legal institutions, regional legal systems, legal organizations, legal development.
Bytko S. Ju. To the Question About the Mechanism of Preventive Effects of Criminal Punishment
Sergej Jur'evich Bytko
Associate Professor of the department of criminal law and procedure of the Volga Institute (branch) of the All-Russian State University of Justice, candidate of legal sciences, Associate professor
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Annotation: the feature analyzes the provisions of the criminal law theory about the mechanism of preventive effects of criminal punishment. It is justified that the main factor of the preventive influence remains the threat of causing suffering and their actual enduring. One examines the potential of the states to expand measures to prevent crime associated with increasing the public exposure on the behavior of individual citizens. One adduces the data obtained by the author about certain categories of citizens’ attitudes to committing crimes.
Keywords: criminal punishment, mechanism of preventive influence, general and special prevention.
Saltykov K. G. Peculiar Features of Interpretation of the Functioning of Legal Terminology
Konstantin Gennad'evich Saltykov
Associate Professor of the department of civil and legal disciplines of the Far Eastern Judicial Institute of the Ministry of Internal Affairs of Russia, candidate of legal sciences, Associate professor
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Annotation: the article discusses the peculiarities of interpreting some legal terminology associated with its dynamism and active influence on the process of legal regulation of social relations through the actions of its subjects and participants. The functions of interpreting some legal terminology reflect its social, constructive essence, its ability to uncover and clarify the legal provisions to ensure the unity of their implementation, their uniform interpretation and application of the units of the legal language. The study of the functional peculiaritiies of interpretation of legal terminology expands the boundaries of the doctrine of the legal language, including into its structure some peculiarities of the functions of semasiological search carried out in relation to the terms which establish the basis of the legal text.
Keywords: features of interpretation of legal terminology, functions, unit of legal text, legal language, special terminology, semantic search.
Legal Сulture of Right Creativity
Krajneva O. L. Criminal Liability for Nonviolent Crimes Against Sexual Inviolability of Minors
Ol'ga Leonidovna Krajneva
Associate professor of the department of criminal law & procedure of the Volga Institute (branch) of the All-Russian State University of Justice, candidate of legal sciences
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Annotation: the author provides an analysis of articles 134 and 135 of the Criminal Code of Russian Federation, on the basis of which some suggestions are made for improving these criminal and procedural norms in order to implement the principle of justice in sentencing for non-violent crimes against sexual inviolability of minors. The focused attention of the authorities and that of the public to committing crimes against minors, as well as trends of growth of their quantity determine the relevance of this study.
Keywords: non-violent crimes, sexual immunity of minors, contact sexual abuse, non-contact sexual abuse.
Sedova G. I., Komova Ju. V. Some Issues of Legal Regulation of the Participation of Legal Entities in Criminal Proceedings
Galina Ivanovna Sedova
Associate professor of the department of criminal procedure of the Saratov State Law Academy, candidate of legal sciences, Associate professor
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Julija Valer’evna Komova
Applicant of the department of criminal procedure of the Saratov State Law Academy
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