The Legal Culture" № 1(36) 2019
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
Leksin I. V. Influence of the Constitution of the Russian Federation on Juridical Linguistic Culture
Ivan Vladimirovich Leksin
Chair of the Legal Foundations of Management Department of Public Administration Faculty, Moscow M.V. Lomonosov State University, Doctor of Juridical Science, Associate Professor
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Skryabin I. V. Rural Gathering as the Body of Peasants Self-Governing in the second half of XIX century (on the example of Tula province)
Skryabin Igor Valer’evich
Associate Professor of State and Law Disciplines Department of Tula Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Juridical Science
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Annotation: the relevance of the issues of legal foundations of rural gatherings’ activity in post-reform period is caused by renewal of traditional forms of rural self governing in modern conditions. This renewed form has got weight and success nowadays but its further effectiveness depends on the use of historical experience of village-community gatherings in the Russian past. The object of the research is rural gathering as the element of legal culture in Tula post-reform village. The purpose of the present paper is to analyze changes and evolution of rural gatherings since the period of serfdom till the period of capitalism development in village. Methodology of the research consists of such general scientific methods of cognition as analysis, synthesis, historicism, comparison, and etc. Basing on analysis of actual materials the author concludes that rural gathering tends to be traditional form of peasant self governing. The purpose of the present paper is to analyze changes and evolution of rural gatherings since the period of serfdom till the period of capitalism development in village. Methodology of the research consists of such general scientific methods of cognition as analysis, synthesis, historicism, comparison, and etc. Basing on analysis of actual materials the author concludes that rural gathering tends to be traditional form of peasant self governing. Within such gatherings people solved problems of village economic, administrative and judicial life. The order of discussion and taking decisions at gatherings provided possibility to save priority of collective interest over the group and individual ones. At the same time, the paper examines moments that do not exclude the influence on the decisions of the gathering by young people and the well-off part of the village, as well as representatives of the authorities, both local and state. It has been established that the legislation on which self-government in the countryside was based was far from to be ideal. The essential novelty of this work consists of the comparison between peculiarities of the activities of community gatherings of different periods before and after the abolition of serfdom. For the very first time the reasons of peasants’ apathy towards self-governing in the end of the XIX century are described and analyzed in details. As a result of the study, the author came to the conclusion that it is necessary to study both positive and negative experience of the activities of rural assemblies of pre-revolutionary Russia. Materials of the article can be interesting for modern experts in self-government sphere.
Keywords: serfdom, peasant community, rural gathering, village self-governing, administration structure, gathering functions, legal culture, mentality of peasants.
Philosophy of Legal Culture. The Theory is Right. State Theory
Udartsev S. F. Cosmic State as a State of the Future: Possible Aspects of Formation and Fixation of Legal Status
Udartsev Sergej Fjodorovoch
Director of Research Institute of Legal Policy and Constitutions Legislation of JSC M. Narikbayev KAZGUU University (Astana), Doctor of Juridical Science, Professor
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Annotation: the author of article notes the importance of space activities for the current stage of evolution of human civilization and the inevitability of the beginning within next 10–15 years of a new stage in the implementation of large space projects. The relevance of the article connected with the issues of perspective tendencies in statehood evolution (which is the subject of the present research). These tendencies must be considered in the process of successful entrance of the society in accelerating multifaceted changes in the conditions of the beginning of the forth industrial revolution. The article is aimed to analyze the emerging evolution of statehood in connection with the developing space activity and the state’s active participation in it. To achieve this aim, the author uses main general scientific methods (dialectical, systemic, deductive and inductive, synthesis and analysis, historical, comparative and a number of others), as well as the formal legal method. It is noted that in parallel with the development of the cosmic sphere, the process of forming the cosmic aspects of the activity of the modern state and its gradual development as a cosmic state coordinating public and private space activity is underway. The article contains several aspect of possible perspective evolution of the state. The author describes main essential (national states and their alliances, mixed, and complexly compound planetary states) and artificial ways of forming cosmic state on the example of emerging unrecognized Cosmic Kingdom of Asgardia. A hypothetical version of external space influence in the future on the possibility of accelerating the creation of a space state and influencing its forms is also not excluded. The author describes possible variants of registration legal status of a cosmic state. It is also claimed that this global tendency of statehood evolution is must be considered both in political and legal doctrine as well as in long term and middle term strategy documents and programs of development of modern state. Some author’s conclusions can be recognized as significantly new ones, they consider: cosmic state as a strategic direction of statehood evolution; natural and artificial (accelerated) ways of forming a cosmic state; predominantly internal and external source of the development of this process and impact on it; process of forming cosmic statehood which flows parallel to the process of formation interconnected system of cosmic legal system in international and national law; pattern of legal fixation of the state cosmic status at a certain stage of its development and possible forms of fixation; the significance of experiment on creation the cosmic state of Asgardia for legal culture cosmization and legal consciousness of modern society.
Keywords: evolution of state, space activity, space law, cosmic state, formation of cosmic state, natural and artificial ways of cosmic state formation, Asgardia.
Selikhov N. V. Democracy as the Right of Collective Subjects (Conceptual Approach). Part I
Selikhov Nikolaj Vasil’evich
Independent researcher, Candidate of Juridical Science
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Annotation: the relevance of the present research is connected to the problem of social opposition in state. It is caused by contradistinction between political representation, civil society and individual. The article is aimed to search basis of solving this issue. The subject of the research is the establishment of a constitutionally declared political-legal regime of democracy and the need to recognize the people as the ruling collective legal subject. In this regard, it is proposed to replace the positivistic views dominating in legal science with a socio-legal approach, to resort to the scientific-evolutionary cognitive structure of the formation of updated knowledge about the government of the people. It explains the use of systematic, dialectical, and other methods. The novelty of the research reveals the author’s explanation of modern national democratic doctrine, determination of conceptual theoretical thesis concerning legal personality of social communities, its structure, and peculiarities of legal theoretical learning at the level of juridical doctrine and practical jurisprudence. The results of the study aimed to reconsideration of theoretical views on the nature of modern society and role of democracy in it’s strengthen; and to improvement of applied categorical apparatus and normative provisions.
Keywords: nation, democracy, public law unity, subject of law.
Legal Сulture of Right Creativity
Trofimov V. V., Samorodov V. Ju. Culture of Organization of Law-Making Process as Precondition for Law-Making Results Effectiveness and Orderliness of Legal Life of the Society
Vasilij Vladislavovich Trofimov
Director of Scientific Research Institute of State and Law Study, Professor of the Department of Theory and History of State and Law, Derzhavin Tambov State University, Doctor of Juridical Science, Associate Professor
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Vladimir Jur’evich Samorodov
Senior Tutor of the Department of Theory and History of State and Law, Derzhavin Tambov State University
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Annotation: issues of quality and effectiveness of legislative (legal) acts in modern juridical doctrine are the most important and relevant ones. The authors believe that actual approach means to describe these issues from the point of view of culture of organization of law-making process. The paper is subjected to analyze law-making process from the cultural aspect of its organization. It is processed as one of the key-precondition of the effectiveness of final results law-making activity. The authors mention interconnection of low-making results effectiveness and the culture of organization of law-making process and claim the fact of correlation between the law-making culture and the quality of law-making results (the higher cultural level of making of law the higher quality of normative acts of law and the more meaningful their beneficial influence on public processes). The authors also characterize issues of juridical and social effectiveness of legal regulation represented by different structural elements which are essential products of making of law. The purpose of the research is to describe the notion of law-making culture and to give foundation of the importance of cultural organization of this process from the point of view of its factor background (precondition) of law-making effectiveness. The authors use theoretical and methodological foundations of the modern concept of formation of law, the scientific doctrine of law-making, and such basic general scientific methods as the dialectical method of cognition, the methodological basis of theoretical generalization, and the ascent from the abstract to the concrete, the comparative legal method, the method of system research (system-structural approach), instrumental approach in jurisprudence, and the theory of legal technology, as well as a number of other methods and techniques of scientific research. The novelty of this research is represented by original interpretation and understanding of the essential aspects of law-making culture, considering this legal phenomenon as an independent category of the theory of law, as well as proposing and substantiating the system of basic cultural requirements for the law-making process, which are an important component of the set of prerequisites for the effectiveness of law-making results.
Keywords: law, society, culture, formation of law, making of law, law-making process, effectiveness of law, juridical and public effectiveness, legal mechanism, law-making culture, cultural requirements of making of law.
Legal Culture of the Law Enforcement
Markunin R. S. The Role of the System of Local Governments’ Legal Responsibility in Ensuring the High Level of Legal Culture
Markunin Roman Sergeevich
Candidate of Juridical Science, Associate Professor of the Theory of State and Law Department, Saratov State Law Academy
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Annotation: the article is dedicated to the learning of issues of local authorities’ and municipal officials’ juridical responsibility and their role in process of legal culture formation. The relevance of the research lies in the fact that current legislation doesn’t have developed integrated system of above-mentioned subjects’ responsibility in legislation. The subject of the research is legal responsibility of qualified bodies of municipal authorities viewed as holistic systematic phenomenon. The purpose of the work is to establish the existing elements of the system of legal responsibility of local governments and their detailed description. The article applies the systematic cognition method, on the basis of which subsequent conclusions are formed. The novelty of the article is to analyze intersystem connections between elements of legal responsibility and to define the problems and options of salvation. The use of general aspects of dialectical logics allows describing the issue of positive and negative correlation of legal responsibility practical expressions and peculiarities of changing sorts of responsibility within the unite system. The results indicate that it is possible to build a system of legal responsibility proposed by the author and can be used in the process of analyzing the characteristics of other legal phenomena. The author concludes that legally established system of legal responsibility of municipal bodies and officials is able to act as one of the guarantees ensuring the high efficiency of the activities of these subjects and the necessary level of their legal culture in general.
Keywords: local governments, system of legal responsibility, feedback, deputy, grounds of responsibility, official, offence, legal culture.
Stroeva O. A., Bondarenko M. V. System of Factors Determining Condition of Lawfulness of State Traffic Police’s Activity
Oksana Alexandrovna Stroeva
Tutor of Special Preparation Department, Luk’yanov V.V. Orlov Law Institute of MVD of Russia, Candidate of Juridical Science
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Maksim Vladimirovich Bondarenko
Associate Professor, Academy of the Federal Protection Service of the Russian Federation, Candidate of Juridical Science, Associate Professor
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Annotation: the main purpose and necessary factor of effective work of Ministry of Internal Affairs are improvement of professional quality of policy officials and permanent development of their qualification level. The daily activities of the police, including the traffic police, should be purposeful, organized, highly skilled, and competent to solve tasks. Under these conditions, the theoretical and legal analysis of individual factors affecting the qualitative state of legality and effectiveness in the traffic police activities, which is of not only scientific, but also practical interest, acquires particular significance. It is necessary for all employees to be aware of their responsibility for stability, law and order in the country. These circumstances explain the relevance of studying a variety of determinants and factors determining the condition of lawfulness in the professional activities of traffic police officers. The subject of the research is theoretical and practical aspects of the rule of law mechanism in the professional activities of traffic police officers. The article discusses some issues of ensuring the rule of law in the traffic police activities, identifies a number of factors contributing to the strengthening of law and discipline. The authors reveal problems of legality in conjunction with legal consciousness, legal culture, legal education, discipline and the rule of law. It is noted that its law enforcement activity is of great importance for ensuring legality in the activities of the traffic police. The research is aimed to comprehensive study of the system of factors determining the state of legality, which ensures a positive result in strengthening the rule of law and improving the efficiency of the traffic police officers. The general methodological basis is the methods of theoretical research (analysis and synthesis of references, legislative acts, and statistical data), logical-legal and system-structural methods. In practical terms, the novelty of the study is determined by the importance of a comprehensive study of the factors determining the state of legality and discipline in the traffic police