"The Legal Culture" № 3(34) 2018
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., Zatonsky V. A. AntiCorruption Policy as the Way to Optimize Civil Life and to Increase Legal Culture of the Russian Society
Aleksandr Vasil'evich Mal'ko
Director of the Saratov branch of State and Law Institute of the Russian Academy of Sciences, Doctor of Judicial Science, Professor, Honored Science Worker of the Russian Federation
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Viktor Alexandrovich Zatonsky
Associate Professor of the State and Law Department of the Volga-region Institute (the brunch) of the All-Russian State University of Justice in Saratov, Candidate of Historical Science, Associate Professor
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Annotation: the second part of the article is dedicated to the analysis of the dominating factor of fight against corruption by means of anti-corruption policy which is improvement of state service. Administrative sphere is treated as the main area of increasing quality of state life because within it primary claims of any legal objects can be satisfied. This area is connected to the experimental of working and useless legal mean. Quality of legal life and level of public legal culture depend on the effectiveness of public administration organization and on how well function its institutes. Fight against corruption is a problem which can be solved only with the help of political, economic, legal, administrative, moral ethic, psychological, and pedagogical levels in coordinated manner.
Keywords: corruption, corrupt official, anti-corruption policy, state machine, civil service, administrative reform, legal means, concept of anti-corruption policy.
Philosophy of Legal Culture. The Theory is Right. State Theory
Gasilin V. N., Gasilina Ju. I. Law and Hermeneutics as Philosophical Method
Vladimir Nikolaevich Gasilin
Professor of the Philosophal Department of the Volga region Institute of Management named after P.A. Stolypin – the brunch of the Russian Presidential Academy of National Economy and Public Administration, Doctor of Philosophy, Honorary Figure of Russian Higher Education
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Julia Ivanovna Gasilina
Associate Professor of the Department of Humanitarian, Social Economic, and Legal Disciplines of the Volga-region Institute (the brunch) of the All-Russian State University of Justice in Saratov, Candidate of Philosophical Science.
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Annotation: the authors of the article discuss the usage issues of the philosophical methodology of hermeneutics in jurisprudence, which is believed to be relevant within judicial science. Nobody questions a weight of research methodology in jurisprudents but the question is which kind of methodology should be chosen to provide effective usage. The authors claim that realization of hermeneutic methodology in jurisprudence is found to be quite effective. It can be seen through E. Betty’s concept as being the most establishing in both – jurisprudence and philosophical hermeneutics spheres. It touches core categories of hermeneutics which are interpretation and comprehension. The authors analyze E. Betty’s comprehension principles (canons) which lead “hermeneutic circle”. The issue of hermeneutic circle is long distinguished and has been discussing in philosophy not only due to the philosophical hermeneutics but due to existentialism as well (M. Heidegger). New discipline “judicial hermeneutics” was born. The article contains ways of usage in jurisprudence such methodologies of modern philosophy as psychoanalysis, philosophical anthropology, philosophy of religion, analytical philosophy.
Keywords: methodology of judicial research, judicial hermeneutics, comprehension, interpretation, hermeneutic circle.
Frolov O. V. Philosophic and Legal Context of Pedagogue’s Corruption Culture
Oleg Viktorovich Frolov
Professor of the Department of Common and Professional Pedagogic in Orenburg State University, Doctor of Pedagogical Science
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Annotation: relevance of the article is determined by strengthening tendency of corruption behavior of pedagogues. It reflects the nature of social-cultural changes declaring degradation of moral values of the society. The subject of the research is pedagogue’s corruption culture, contributing rational understanding of practicability and destroying dialogical pattern of express of cultural positions and value subjects of education initiative. The present paper is aimed to find the reasons of corruption culture beginning and its active spread in modern Russian education. The research is based on philosophical-cultural and philosophical-legal detection and description of problems in forming principally new type of cultural interaction in modern education area. The author uses methods of theoretical research concluding interdisciplinary analysis and synthesis of information taken from philosophical, cultural studies, sociological, legal, and psycho-pedagogical literature; empirical methods: research of experience of real interaction between objects of education process through the legal context, questionnaire, analyzing interview. The novelty of the research is determined by the definition of term “pedagogue’s corruption culture” in philosophic and legal context and detection of the reasons of corruption interaction. The author concludes that validation of corruption culture has tragic consequences for pedagogic and education because it can lead to loose of moral concepts of national pedagogical mentality based on anthropological values and ethical paradigm of mental creative work of a pedagogue and a student.
Keywords: Culture, corruption, corruption culture, education, pedagogic, pedagogical tradition, pedagogical ethics.
Sevostyanov Roman Alexandrovich, Kosygina Tatyana Alexandrovna Criminological Peculiarities of Domestic Violence caused by Alcohol Intoxocation and Its Cultural Determinants
Roman Alexandrovich Sevostyanov
Associate Professor of the Procuracy Supervision and Criminology Department of the Saratov State Academy of Law
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Tatyana Alexandrovna Kosygina
Associate Professor of the Justice and Law Enforcement Department of the Saratov Socio-Economic Institute of Plekhanov Russian University of Economics
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Annotation: the article is devoted to the analysis of the questions connected to peculiarities of aggressive behavior of individuals influenced by alcohol intoxication. The authors describe specificity of socially dangerous actions, fore-criminal behavior of a convicted and learn motivational area of a criminal. Investigated problem is analyzed from different points of view. The authors pay attention to both criminological and psychological components. Influence of alcohol on a human’s psychics, his behavior, and special features of criminal aggression are described. Special attention is paid to the research of behavior of individuals who commit forcible crimes in domestic space. Determinants connected with lack of culture in general are also considered in the article. The authors believe that discovered scientific results may be used for further research of separate peculiarities of forcible delinquency and for creation preventing kind of measures.
Keywords: forcible delinquency, criminal aggression, criminal behavior, criminal motives, criminal’s personality, alcohol, alcoholism, preventing of crimes.
Legal Сulture of Right Creativity
Grigor’eva T. A., Shcherbakova L. G. Ethical Problems of Assurance of Client-Attorney Privilege
Grigor’eva Tamara Alexandrovna, Shcherbakova Liliya Gennadievna
Professor of the Arbitral Procedure Department of the Saratov State Academy of Law, Doctor of Judicial Science, Professor
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Grigor’eva Tamara Alexandrovna, Shcherbakova Liliya Gennadievna
Associate Professor of the Civil Law and Procedure Department, Volga-region Institute (the brunch) of the All-Russian State University of Justice in Saratov, Candidate of Judicial Science, Associate Professor
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Annotation: the article contains analysis of ethical problems of client-attorney privilege assurance. Assurance of client-attorney privilege was always an important problem and it still is and this fact causes the relevant of the present paper. The authors describe issues of data compounding the essence of client-attorney privilege; and analyze conditions of disclosure of the information about preparing crime given to an attorney by his client. The situations influencing lawfulness of client-attorney privilege disclosure are analyzed as well. The authors note that it is necessary to accept an attorney’s right to disclose information about preparing crime. They also believe that exclusive cases when an attorney may to se his right must be worked-out and fixed by both, law-enforcement and lawyers’ community levels. It must be done through improvement of the sections of act number 8 about lawyer activity and act number 6 of Code of Ethics for Professional Attorneys. The authors conclude that necessity of limiting client-attorney privilege assurance helps to avoid moral sufferings for attorneys and bad consequences for society and state.
Keywords: attorney, ethics of attorney, client-attorney privilege, morality, attorney activity, client.
Legal Culture of the Law Enforcement
Brusenskaya L. A., Kulikova E. G. Verbal Manipulation (Recognition Experience) vs Legal Culture
Ljudmila Alexandrovna Brusenskaya
Professor of the Russian Language and Speech Culture Department, Rostov State University of Economics (RINKh – Rostov Institute of National Economy) in Rostov-on-Don, Doctor of Philological Science, Professor
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Ella Germanovna Kulikova
Professor of the Humanitarian and Social Economic Subjects Department, Rostov Institute (the brunch) of All-Russian State University of Justice in Rostov-on-Don, Doctor of Philological Science, Professor
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Annotation: the article id devoted to the analysis of verbal manipulation in public communication. The article is aimed to linguo-jural interpretation of verbal manipulation phenomenon. Knowledge of linguistic means which form manipulating discourse clarifies the manipulating influence mechanism realized by mass media. The object of the research is manipulation described through the legal culture aspect. The relevance of the research is caused by the fact that despite such visible “verbal” crimes as slander, deception, and defamation, manipulation is hard to be viewed through the law but manipulation devices must be treated through the legal area. Legal judgment of must be spread on manipulation phenomenon as well. The authors claim that real democratic (in the true sense of this word) legal culture can be approved by means of excluding manipulating element from communicative space. Scientific novelty of the article is specified by the fact that verbal manipulation phenomenon is learned on the base of conceptual arsenal of judicial linguistics.
Keywords: linguistic manipulation, persuasion, verbal manipulation, euphemization, legal judgment, jural linguistics.
Sergun P. P., Bobrov A. M. Socially Powerful Nature of Administrative and Legal Relations
Pjotr Pavlovich Sergun
Professor of the Administrative and Municipal Law Department, Saratov State Academy of Law, Doctor of Judicial Science, Professor, Honored Jurist of the RF
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Artjom Mikha’lovich Bobrov
Chair of State and Law Department, Perm Institute of the Federal Service for Execution of Punishment, Associate Professor of Constitutional and Financial Law Department, Perm State National Research University, Candidate of Judicial Science
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Annotation: the relevance of the article is caused by the lack of development of administrative and legal relations thesis in administrative law. The authors describe legal nature of administrative legal relations. They understand the nature of this phenomenon as its judicial characteristic which expresses its specificity, place, and function among other legal phenomena. The research is aimed to find the main specific feature of the administrative legal relations’ origin. The authors analyze scientific researches of pre-revolutionary legal scientists and modern specialists in the sphere of administrative legal relations’ nature, and project of the new Code of the Russian Federation concerning administrative breaches. An effort to enlarge the amount of objects of administrative legal relations by means of including animals and robots is taken. The authors conclude that the main feature of administrative legal relations is their socially powerful nature. They