"The Legal Culture" № 2(29) 2017
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
Marchenko D. Je. Legal Nihilism as a Threat to the National Security of Russia
Dmitrij Jeduardovich Marchenko
Head of the Department of state and legal disciplines of the Samara legal institute of the Federal service of execution of punishments of Russia, candidate of legal sciences, associate professor
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Annotation: the article refers to the fact that legal nihilism is one of the threats to the national security of the Russian state. Such negative phenomena as terrorism, religious extremism, corruption, propaganda of fascism and the like should be considered as a manifestation of legal nihilism, carrying a clear threat to Russia’s national security. Efforts to prevent threats to national security must focus on strengthening the internal unity of Russian society, ensuring social stability, interethnic consent and religious tolerance, elimination of structural imbalances in the economy and its modernization, improving the country’s defensibility.
Keywords: legal consciousness, legal nihilism, national security.
Mihajlov A. E. Morality in the Legislation of Modern Russia: Some Problems of Correlation, Trends and Prospects
Anatolij Evgen'evich Mihajlov
Associate Professor of the department of theory of state and law of the Saratov State Law Academy, candidate of legal sciences, associate professor
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Annotation: the article is devoted to an investigation of the place and role of morality in shaping regulatory legal acts. The relevance of the topic is obvious, because morality is both ethical and at the same time legal basis of law. The author pays special attention to the exception to article 116 of the Criminal code of the Russian Federation of the concept of the “relatives of the person” and to the activities of the juvenile justice bodies in the country. The paper emphasizes that the characteristics of development of Russia convince in the need to establish the country as both a “dictatorship of morality” and the “dictatorship of law” as essential social institutions of the country modernization. The feature expresses some particular proposals for the revival of spirituality in the laws of contemporary Russia.
Keywords: ethic norms, law, legislation, morality, fairness, juvenile justice.
Philosophy of Legal Culture. The Theory is Right. State Theory
Apol'skij E. A. Theoretical Evaluation of the Pre-revolutionare Doctrines on the Signs and the System of Law Within the Context of Development of Legal Culture of a Lawyer
Evgenij Alexandrovich Apol'skij
Associate professor of the department of theory and history of law and state of the Rostov Institute (branch) of the All-Russian State University of Justice in the city of Rostov-on-Don, candidate of legal sciences, associate professor
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Annotation: the feature discusses the master’s and doctoral dissertations on state law maintained in the leading universities of the Russian Empire during the XIXth – early XXth century, in which as the subject of the study the authors developed the questions of the general theory and methodology of law, analyzed the characteristics, the system of law, the balance of elements of law. Such a specific subject in dissertations on state law has undergone its theoretical evaluation in the feature. The relevance of the work lies in the fact that regularities of the development of legal knowledge can be used as a methodological framework in the course of further development of the pre-revolutionary doctrines in other branches of legal science, as well as an element of formation of legal culture of a modern lawyer and researcher.
Keywords: master’s and doctoral theses, state-legal doctrines, Russian Empire, legal culture, university.
Grachev V. D., Magomedov B. M. The Logic As Part of the Professional culture of a Lawyer: the Operational Capabilities and Epistemological Limitations
Vasilij Dmitrievich Grachev
Professor of the department of liberal arts & social economic disciplines of the Rostov Institute (branch) of the All-Russian State University of Justice in the city of Rostov-on-Don, doctor of legal sciences, professor
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Bagavdin Magomedovich Magomedov
Director of the Rostov Institute (branch) of the All-Russian State University of Justice in the city of Rostov-on-Don, candidate of legal sciences, professor
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Annotation: the article covers the problem of the logic embeddedness into the professional culture of a lawyer in the early XXI century The feature shows the dual role of logic in the structure of professional culture of a lawyer, for example, that of operational capabilities of logic and its epistemological constraints. The operational possibilities of logic include: the compulsory character of logical thinking; abstract and generalizing nature of its conclusions; involvement of logic in legal dogmatics. As epistemological limitations of logic one lists a lack of thinking multivariance; a strength of primary concepts; a complexity of the logic operation in connection with asymmetry of the brain. Some suggestions of theoretical, methodological and practical nature are verbalized to increase an efficiency of functioning of logic in the structure of professional legal thinking.
Keywords: logic, reasoning, determination of thinking with professional activity, professional culture of lawyer, legal dogmatic, coercive nature of logic, interhemispheric asymmetry of brain, logical thinking, creative thinking, styles of professional legal thinking.
Rozenko S. V. The Development of the Extremist Ideology in the Russian Federation: Aspects of the Response and the Blameworthiness
Stanislav Vasil'evich Rozenko
Director of the Legal Institute of the Ugra state university, candidate of legal sciences, associate professor
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Annotation: the article analyzes some actual problems of counteraction against the extremist ideology in the Russian Federation. The extremist activity in its content is a composite, though its obligatory condition is the extremist ideology. The author substantiates the thesis that in the field of agitation and propaganda of various extremist ideologies, the importance of information technology and manipulative techniques’ significance enhanced; the target audience, first of all, is the youth; ideological stages of involvement of individuals into an extremist associations are marked. It is concluded that the subjects of extremism are incorporated into the activities of associations with a complex structure of corporate character. One discusses the most socially dangerous religious doctrine of Wahhabism: the characteristic features of distribution and development trends. One proposes measures to improve the legislation regulating the responsibility for dissemination of extremist ideology.
Keywords: opposition, extremism, extremist ideology, Wahhabism, blameworthiness, public danger, extremist associations, information and manipulative technologies
Legal Сulture of Right Creativity
Soldatov B. G., Soldatova N. V. Professional Communication in the Context of Legal Culture: Terminological Regulation of the Law Lexicon
Boris Georgievich Soldatov
Associate professor department of general and legal disciplines of the Rostov Institute (branch) of the All-Russian State University of Justice in the city of Rostov-on-Don, candidate of philological sciences, associate professor
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Natal’ja Viktorovna Soldatova
Associate professor department of general and legal disciplines of the Rostov Institute (branch) of the Russian State University of Justice (Russian Law Academy of Ministry of Justice of Russia) in the city of Rostov-on-Don, candidate of philological sciences, associate professor
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Annotation: humanitarization of training of law students envisages the formation of a professional legal culture and sustainable orientation to the future professional activity. In this regard, the role of discipline “Foreign language in the field of law” enhances whilst a study of professionally oriented vocabulary is one of the main aspects of the learning content. The problem of terminology is one of the cardinal ones when considering the scope of legal culture formation, accumulation, transference and application of the scientific knowledge and the development of the lexical minimum of any line. Therefore, the teacher must equally take into account some methodological and linguistic aspects in the process of learning a foreign language in one’s line.
Keywords: legal culture, legal communication, professional competence, professionally-oriented vocabulary, terminology, term characteristics, terms’ semantization, legal discourse.
Grushin F. V. Legal Factors in the Formation of Criminal-Executive Policy and Legislation
Fedor Vladimirovich Grushin
Doctoral student of the Academy of the Federal service of execution of punishments of Russia, candidate of legal sciences
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Annotation: by not considering the existing system of legal factors it is impossible to create an effective legislation, including the criminal executive one. The article discusses the legal factors that affect the criminal executive policy and criminal executive legislation. For these conditions one analyzes the historically established system of law with the increasement in it the role of judicial practice, competency factor, order of development and adoption of legal instruments, technical and legal factors. On the basis of the conducted research the author comes to the conclusion of the necessity of the adoption of the new penal code, based on the existing system of factors.
Keywords: penal policy, penal law, law, factors, convicted.
Karavaev A. N. Problems of Improvement of the Institution of Promotion in Public Service Relations: Prospects for Development
Alexandr Nikolaevich Karavaev
Professor of the department of civil law disciplines of the Samara institute of the Federal service of execution of punishments of Russia, candidate of legal sciences
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Annotation: the development of the market relations involves an updating of the existing legislation and a creating of the new one. Recently, the administrative reform rendered a positive impact on the creation of a new mechanism of governance in the country with clearer demarcation of the federal and regional powers and the public service proper. To improve the efficiency of public service an important instrument of incentive is the institution of promotion. In any socially useful activity serious attention should be given to the measures of a promotional nature. In this regard, the role of scientific research in the field of the premium law and that of the formation of the regulatory legal framework will be the most relevant areas of formation of all the incentive policies.
Keywords: management reform, institution of promotion, public service relations, incentive law, awarding process.
Legal Culture of the Law Enforcement
Terehov E. M. Mutual Influence of the Law Interpretative and Law Enforcement Activities in Terms of Development of the Legal Culture of Modern Society
Evgenij Mihajlovich Terehov
Associate professor of the department of state and legal disciplines of the Balakovo branch of Saratov state law academy, candidate of legal sciences
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Annotation: the article attempts to analyze the concepts of “law interpretative activities” and “law enforcement” from the position of the content, objectives, entities of their implementation. The feature shows their mutual influence on each other in terms of the development of legal culture of society. Namely the results of the law interpretative activities are inserted into the basis for the development of the major doctrinal documents such as the draft concept of legal policy, draft concept of the law-making policy, draft concept of the law interpretative policy, etc. The feature settles a point of view, according to which the results of the law interpretative activities serve as a model of development of their own legal positions of the subjects of enforcement activities. Attention is drawn to the importance of adjusting the results of enforcement activities through acts of interpretation of law.
Keywords: legal activity, law interpretative activity, law enforcement activity, legal culture, law interpretation, interpretative act, interpretive practice, Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation.
Bondarenko V. E. The Competence of State Сourts in Implementing the Functions of Arbitration Assistance
Vadim Evgen'evich Bondarenko
Applicant of the department of civil process of the Saratov State Law Academy
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Annotation: the article is devoted to questions of interaction of participants of arbitration by state courts. Because the competence of the arbitrator is insufficient for demanding evidence which are in the possession of third parties, but through interaction with state courts the required evidence can be obtained. The feature contains proposals aiming at improvement of legal regulation. One proposes to fill in the gaps related to the absence in the law of such conceptions as “a party to arbitral proceedings”, “a period preceding to the date of the arbitration commencement”, by which courts would be able to apply the relevant provisions of the law, and to withdraw from the jurisdiction of the courts of the state their unusual functions (appointment, recusal and termination of powers of the arbitrator).
Keywords: state courts’ competence, arbitration, facilitation role, principle of competence, measures to secure the claim.
Grishin A. I. The Legal Culture of the Receiving Computer Information in Criminal Proceedings and Operative Investigative Activities
Alexandr Ivanovich Grishin
Professor of the department of justice and law enforcement activity of Saratov social economic institute (branch) of the Russian economic university named after G. V. Plekhanov, candidate of legal sciences, Professor
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Annotation: the article is devoted to problems of obtaining computer data in criminal proceedings. Based on the analysis of the conceptual apparatus of the investigative actions and operational-search activities as separate but related legal institutions one raises the question of the feasibility of expanding the system of investigative actions in criminal proceedings by means of including some investigative actions in the form of receiving computer information. By analogy with the conditions of carrying out operatively-search actions, the feature validates the necessity of obtaining the computer information in criminal proceedings on the basis of a judicial decision. The position of the author due to the fact that obtaining the computer information is related to the actions limiting the constitutional rights and freedoms of the individual, the heightened social danger of computer crimes, as well as specifics of computer data.
Keywords: legal culture, conceptual apparatus, computer information, investigative actions, criminal procedure, operational-investigative activity, operational-investigative activities, law analogy.
Shcherbakova L. G., Semikina S. A. Legal Culture As One of Conditions of Increasement of Efficiency of Acts of Arbitration Courts
Lilija Gennadievna Shcherbakova
Associate Professor of the department of civil law & procedure of the Volga institute (branch) of the All-Russian State University of Justice in the city of Saratov, candidate of legal sciences
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Svetlana Alexandrovna Semikina
Associate Professor of the department of the arbitration process of the Saratov State Law Academy, candidate of legal sciences
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Annotation: the article emphasizes that the legal culture of individual and society is a necessary element of understanding of law, acts of law enforcement, efficiency of arbitration court judicial act proper. It is noted that an important condition for the formation of a justful civil society with a high level of legal consciousness and legal culture is an independent and honorable judiciary authority. The judicial system plays a key role in raising the level of legal awareness and legal culture of a civil society.
Keywords: arbitration court, law enforcement act, legal culture of individuality, judiciary authority.
Bobrov A. M. Public Administration Models of Election of Heads of Municipal Entities (on the Example of the Perm Krai)
Artem Mihajlovich Bobrov
Head of the Department of state and legal disciplines of the Perm legal institute of the Federal service of execution of punishments of Russia, candidate of legal sciences
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Annotation: in the article on the example of the Perm Krai, one provides an analysis of the methods of election of heads of municipal entiities on the basis of the development of the law on general principles of organization of local self-government. The feature substantiates the idea according to which in modern Russia, the local self-government is subjected to the rigorous public administration. The feature analyzes some current administrative legislation of the Russian Federation and draft normative legal acts that change the order of election of heads of municipalities.
Keywords: administration, elections, municipal formation head, municipal management organization pattern.
Legal Culture and Education
Chuprjakova T. V. Professional Legal Culture of a Lawyer in the Context of the Federal State Educational Standard
Tamara Vanoevna Chuprjakova
Post-graduate student of Humanitarian University of Yekaterinburg
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Annotation: the feature presents the author’s definition of the term “professional legal culture”, unfolds the content of the notion of “qualification” as a part of the professional culture of lawyer, detects the differences in understanding the essence of the qualification of a lawyer’s educational and professional communities. One analyzed the Federal state educational standard in the direction 40.03.01 “Jurisprudence” (bachelor level) in terms of its fixing of the value fundamentals of the profession of a lawyer.
Keywords: lawyer, professional legal culture, qualification, competence, legal values, professional activity, federal state educational standard.
Bogdanova E. P. Political and Legal Ideas of A. F. Deryabin in the Field of Development of Mining Education and Formation of Legal Culture in Russia in the Early XIX Century
Elena Petrovna Bogdanova
Head of the department of state legal disciplines of the Izhevsk Institute (branch) of the All-Russian State University of Justice, candidate of legal sciences
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Annotation: the feature regards the questions of development of a system of professional education and formation of legal culture in Russia in the early XIX century. The feature has defined the role of A. F. Deryabin in reforming the system of mining education, has shown his participation in the development and implementation of the normative legal acts regulating the problems at issue. One has actualized the problem of reforming the system of professional education in modern Russia, which contributes to supplying professionals, first and foremost, technical experts, to different areas of production.
Keywords: A. F. Deryabin, legal culture, state-legal activity, political and legal ideas, Mining code 1806, vocational education, mining schools, Mining cadet corps.
The Tribune of the Young Scientist
Rahmatullina L. Je. The Influence of Legal Culture on the Legal Nature and Application of the Contract of Insurance of Risks Under the Credit Agreement
Lejsan Jemilevna Rahmatullina
Postgraduate student of the Department of civil and entrepreneurial law of the All-Russian State University of Justice
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Annotation: modern business is linked to insurance, because its main role is to protect the interests of both natural persons and legal entities. The use of insurance liabilities depends on the level of development of legal consciousness, legal techniques and legal culture of subjects of insurance legal relations. In the feature there is an analysis of the significance of insurance for the economy and for a contract parties. One considered an insurance facet as a way of ensuring performance of the contract and the legal nature peculiarity of the insurance contract credit risk.
Keywords: insurance contract, legal culture, legal awareness, credit agreement, credit risk, insurance risks, insurer, insurant.
Osipov D. A. To the Question of the Legal Status of a Representative of the Highest Official Person of the Russian Federation Subject in a Municipal Entity
Daniil Alexandrovich Osipov
Post-graduate student of the Russian Academy of National Economy and Public Administration under the patronage of the President of Russian Federation (Nizhny Novgorod Institute of Management)
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Annotation: the author formulates the problems associated with the uncertainty of the place and role of a representative of the regional head in a municipal entity in the mechanism of realization of its powers, those associated with the lack of differentiation of the rights and duties of the representative, and also offers a way to their decision by means of making a model statute “On the representative of the Russian Federation subject head in a municipal entity” that would define the new position of the representative in the system at the head of the Russian Federation subject head reception in a municipal entity.
Keywords: representative, regional head, institution of representation, relations of representation, Russian Federation subject highest official person, regional head’s representative in a municipal entity, higher official person’s representative.
Pushkareva A. N. Medical Confidentiality As a Form of Civil Legal Secrecy in the Legislation of the Russian Federation: Current Status, Protection and Trends of Legal Regulation in the Light of Increasement of the Level of Legal Culture in Citizens
Alla Nikolaevna Pushkareva
Post-graduate student of the department of civil and business law of the All-Russian State University of Justice
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Annotation: the article discusses the current state and main trends of legal regulation of medical secrecy in light of the increasing level of legal culture in citizens. It is stated that modern society is characterized by a dismissive attitude and lack of respect for medical and (or) medical confidentiality. From disclosure of information constituting the types of civil legal mystery, analyzed in the present work, one often only holds back due to the prescriptive legislative responsibility, rather than one’s inner conviction. Therefore, it is necessary to increase the level of legal culture of the population targeting at the preservation and non-disclosure of medical confidentiality.
Keywords: secret, privacy, patient confidentiality, medical confidentiality, legal culture, legal regulation.
Lytkina O. V. Ensuring a Balance of Private and Public Interests By Means of Arbitration Courts of the Russian Federation As a Factor of Increasing of Foreign Economic Activity Subjects’ Legal Culture
Ol'ga Viktorovna Lytkina
Post-graduate student of the department of public law at Saratov Socio-Economic Institute (branch) of G. V. Plekhanov Russian University of Economics
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Annotation: balance of private and public interests is the main principle implemented in the framework of arbitration court proceedings. In the course of administration of justice one must accommodate the interests of both private and public subjects of legal relations, then one could talk about a fair judicial proceeding. In the activities of the arbitration courts the balance among private and public interests is most fully realized through the application of interim measures. The article stresses that the balance of private and public interests promotes to enhance the legal culture of subjects of foreign economic activity, because it allows to implement the interests of all participants of economic legal relations.
Keywords: arbitration court, private interests, public interests, justice, principle, provisional measures, legal culture.
Shatilov A. V. Unification of Definitions of “Organized Crime” in the Context of Enhancement of the Legal Culture
Alexej Valer'evich Shatilov
Criminal investigation department detective of the “Orskoye” Department of the Ministry of Internal Affairs of Russia, applicant of the Saratov State Law Academy
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Annotation: effective prevention of organized crime should be based on detailed scientific data about its characteristics and coordination of actions of all structures of the state in the combat against this phenomenon. Unfortunately, to date, theory lacks a common understanding of organized crime, which is a significant obstacle in the fight against it. The article analyzes the theoretically offered definitions of organized crime, and compares their advantages and disadvantages, and proposes the author’s definition.
Keywords: organized crime, crime prevention, organized crime definition.
Vasil'ev D. P. Determining of the Civil Cases’ Jurisdiction Differentiation Criteria As the Legal Culture Increasing Factor
Denis Pavlovich Vasil'ev
Post-graduate student 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 patronage of the President of Russian Federation
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Annotation: incontestable factor influencing the formation and development of legal culture of participants of civil process is an extent of theoretical reflection of individual issues of civil procedural legislation. The feature raises one of the most pressing issues that have both theoretical and practical importance, that of determination of criteria of differentiation of jurisdiction of civil cases. Attention is drawn to such criteria as the nature of a disputable relationship and the subject structure of participants of process. Underway one provides an analysis of the legislation regulating the procedure of resolution of civil cases by courts of general jurisdiction and by arbitration courts.
Keywords: legal culture, jurisdiction, jurisdiction differentiation criteria, civil cases, civil litigation, arbitration procedure, courts of general jurisdiction, arbitration courts.
State and Society: Interaction Theory and Practice
Koloskova V. V. Peculiar Features of the State Registration of the Foreign Citizens’ Rights on Real Estate
Viktorija Vladimirovna Koloskova
Head of legal department of management of the Federal registration service across the Saratov region
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Reviews
Saenko L. V. On the Outcome of the Interdepartmental Scientific-practical Conference “Legal Education and the Development of Legal Literacy in the Territory of the Saratov Region: Problems of Legal Aid Rendering” (Saratov, December 6, 2016)
Ljudmila Vladimirovna Saenko
Head of the department of civil law & procedure of the Volga institute (branch) of the All-Russian State University of Justice in the city of Saratov, candidate of legal sciences, associate professor
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