Nikolaj Vladimirovich Makarejko
Professor of the Administrative Law and Procedure Department, Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, Doctor of Juridical Science, Associate Professor
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Annotation: the article studies some issues of correlation between legal and national security. The relevance of the research is due to the imperfection of the systematic organization of national security in current legislation and to the refuse of the lawmaking body to isolate the legal security. The subject of the research is represented by legal security viewed as a central element of national security. The author notes faults in normative legal regulation of particular types of national security in Russian legislation. The purpose of the article is to analyze current scientific approaches to specification of legal security characteristics and its influence on the shape of national security. To achieve the purpose the author uses the dialectic method mainly, as well as methods of analysis, synthesis, comparison, formalization. Taking into account the stated subject of research, systemic and comparative legal methods are widely used. Scientific novelty lies in authorial state of issue, use of cognitive tools, and authorial proposals for legal security improvement. Analysing current legislation and scientific approaches the author concludes that legal security and its influence on national security and its peculiar types are not researched enough. Basing on significance of legal security the author suggests fix the right on security in Constitution. It can increase its effectiveness and provide guarantee of the national security. Keywords:

Keywords: law, legal system, security, national security, legal security.

Artem Grigor’evich Rep’ev
Deputy Head of the Department of Administrative Law and Administrative Activities of the Internal Affairs Bodiees of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia, doctoral student of the Saratov State Law Academy, candidate of legal sciences
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Annotation: the relevance of the author’s attempt to make doctoral research of particular peculiarities of professional legal culture and legal awareness of entities with legal privileges is caused by crisis ideological tendencies in value attitudes of state officials who have special legal status due to the nature of their activities. The subject of the study is modern legislation, law enforcement and judicial practice, dedicated to securing for individuals a more favorable position in society. The author describes current issues of providing guarantees of independence, unhindered functioning of representatives of the control and supervision sphere, which serves their immunities, privileges, exemption, and special legal procedures. The purpose of the article is to analyze regulatory legal material, doctrinal sources, and empirical data; on the base of this analysis the author identifies conditions and factors of tort behavior of the mentioned category of individuals and highlights the reasons of their low moral spiritual guidelines, exacerbated by the presence of administrative, procedural barriers and other circumstances, preventing the exposure of their commission of offenses. Based on the modern general methodology (which includes the dialectical method of cognition, the method of system analysis, deduction and induction, methods of comparisons and analogies) and special legal research methods, such as comparative legal and formal legal, as well as interpretation and interpretation techniques, the author argues position regarding the validity and feasibility of the presence in the legislation of legal advantages as legalized forms of deviation from equality, ways to reduce the risks of abuse. Significant novelty of the present work is represented by authorial list of measures aimed at overcoming the crisis of professional legal culture and awareness of law among entities with legal privileges in the perspective of overall increase of the effectiveness of legal policy in Russia. Practical meaning of the research is due to the fact that the author basing on the experience of Russian Federation regions learns particular legislative defects concerning abstracted indefinite consolidation of certain legal privileges. On this background the author suggests perspectives of overcoming the current situation and identifies practical options of solving the problem.

Keywords: legal privilege, special legal status, immunity, inviolability, legal culture, legal awareness, values.

Pjotr Pavlovich Sergun
Professor of the Administrative and Municipal Law Department, Saratov State law Academy, Doctor of Juridical Sciences, Honored Jurist of the Russian Federation
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Artem Mikhajlovich Bobrov
Head of the Department of State Law Disciplines of the Perm Institute of the Federal Penitentiary Service of Russia, Associate Professor of the Department of Constitutional and Financial Law of Perm State National Research University, Candidate of Juridical Sciences
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Annotation: incompleteness of administrative reform in civil service of other types and high level of corruption in the system of civil administration cause the relevance of the article. Nowadays the development of anti-corruption legislation is mostly aimed to enlargement and tightening of restrictions in recruiting stuff of some particular law enforcement bodies especially. The subject of the research is represented by problematic aspects of heightened requirements for candidates of state service of other types. The present article is aimed to indicate causation between lacks of uniformity and overabundance of some restrictions for civil service and corruption; to formulate proposals for optimizing requirements for candidates for public service of other types. To achieve this aim, the authors mainly use methods of comparative study of regulatory legal acts on public service in the internal affairs bodies, the penal system, bodies and organizations of the prosecutor’s office. In addition, the authors applied logical methods (analysis and synthesis), the statistical method, and other general and particular scientific methods. The novelty of the article lies in the analysis of some restrictions for state service which have never been described before. The authors suggest optimizing restriction on admission to the public service of other types, both according to the quantitative and content aspects. The authors conclude that optimization of mentioned restrictions facilitates prevention of corruption and increase of the level of the Russian legal culture.

Keywords: state service, internal affairs bodies, the penitentiary system, the Ministry of Internal Affairs of Russia, the Federal Penitentiary Service of Russia, the prosecutor's office, society, personnel, restrictions, prohibitions, discretion, the Code of Administrative Offenses of the Russian Federation, corruption, prevention, legal culture.

Chunina Marina Sergeevna
Post-graduate Student of the Department of Justice, Penza State University, Consultant of the Department of Legal Support of the Activities of Courts and Record Keeping, Office of the Judicial Department in the Penza Region
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Annotation: recent years, in domestic jurisprudence there has been a tendency to recognize the law-making function of the higher courts. However the problem of judicial lawmaking in Russia is still the polemic subject for many significant scientists; that’s why it applies for unified legal doctrine which has to raise level of legal awareness and legal culture of judicial entities and to contribute formation of legal views among lawyers. Despite the wide use of the term “act of judicial lawmaking” in legal literature there are no particular tries to foreground it theoretically. It causes the relevance of the research. The present work is aimed to specify categorical apparatus which is used to describe the problem of judicial lawmaking. The subject of the article is represented by patterns connected to theoretical, legal and practical bases of judicial lawmaking. The methodological basis of the study is made up of formal legal and comparative legal methods, which allow us to compare the content of views and ideas on judicial rule-making in modern Russia. The scientific novelty of the study lies in the fact that the author is the first who tries to give comprehensive theoretical justification of the terms “act of judicial lawmaking”, “judicial lawmaking act”, “judicial interpretation act”. As the results of the research the author concluded that the main function of higher judicial entities is to administer justice, and to publish judicial lawmaking acts which is a necessity and a kind of a “collateral” activity of the courts in caused by the imperfection of legislation and gaps within. That’s why acts of judicial lawmaking reflecting dynamics and changeability of public relations, are being inherent part of mechanism of legal regulation. Additionally the article contains the author’s definition of the terms “act of judicial lawmaking”, “judicial lawmaking act”, “judicial interpretation act”; the author describes their main features and gives practical judicial examples.

Keywords: judicial lawmaking, act of judicial lawmaking, judicial practice, judicial precedent, judicial lawmaking act, judicial interpretation act.

Dobrobaba Marina Borisovna, Channov Sergej Evgen’evich
Associate professor of the Department of Administrative and Financial Law of Kuban State University, doctor of legal sciences, associate professor
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Dobrobaba Marina Borisovna, Channov Sergej Evgen’evich
Chair of the Department of Service and Labor Law, Povolzhsky Institute of Management named after P.A. Stolypin – the brunch of the Russian Presidential Academy of National Economy and Public Administration
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Annotation: state authorities regard the development of digital technologies in different spheres as the priority task of the Russian Federation. This direction applies for development and introduction of appropriate legal grounds; this fact justifies the relevance of the research. The subject of the work is legislative provisions regulating the use of state informational systems in financial management. Hence the research is aimed to define which informational systems (in accordance with technologies they are based on) can be used in state financial management in Russian Federation due to increase its effectiveness. The authors use the following general scientific methods: dialectical one, the method of formal logic, and comparative one. It is noted that since financial management is increasingly carried out online, this allows us to speak now about the digital culture that has formed in this area. The authors believe that it is premising to use in state financial management such technologies as blockchain and Bid Data. However, it is advisable to use these technologies only in those cases when it gives obvious advantages over traditional ones. The essential novelty of the present work is that the authors select criteria which must be followed when choosing particular digital technology in various spheres of management. In financial sphere such a technology is governmental tax control. The construction of state tax information systems on the basis of the blockchain and the development of already used online cash registers, on the one hand, allow taxpayers to independently enter all the necessary data for tax purposes into a single decentralized registry, and on the other hand, it can simplify and reduce the cost of state control in this area.

Keywords: financial management; informational systems; digital technologies, digital culture, blockchain; taxation.

Ljudmila Aleksandrovna Brusenskaya
Professor of the of the Russian Language and Culture of Speech department, Rostov State University of Economics (RSUE), Doctor of philological science, Professor
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Ella Germanovna Kulikova
Professor of the department of Humanitarian and Social-Economic Disciplines, Rostov Institute (the brunch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Doctor of philological science, Professor
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Annotation: the article is dedicated to the analysis of medical preventive discourse and its role in the fight against drug crimes. The relevance of the paper deals with foundation of the complex of linguistic and paralinguistic sources represented in typed contexts of social advertising as a means of fight against drug crimes. The subject of the research is anti-drug social advertising described in aspect of the legal culture. The purpose of the article is linguistic and legal interpretation of the means of influence within anti-drug social advertising which is being realized in mass media texts and in frameworks of such genres of medicine preventive discourse as leaflets, booklets, and memos. However such advertising uses the whole specter of tactical sources which are: informing, recommendations, argumentations, rhetorical means of impression. The authors believe that a legal assessment of language actions should be extrapolated to social advertising. Complex approach to the object (which is medical preventive discourse as one of the sorts of anti-drug social advertising) applies for linguistic-legal and cognitive approaches to the material. It allows finding out the way structural knowledge about the world inherent to an individual, social group or linguistic community can be expressed in linguistic patterns. Scientific novelty of the research is that social anti-drug advertising has been learning basing on conceptual sources of legal linguistics. Effective fight to “drug addiction can be realized only through the complementarity of medical, juridical, linguistic, and social-psychological approaches.” Anti-drug advertising texts should demonstrate such a complementarity. Anti-drug advertising of high quality should include medical, juridical, and legal information. The power of the state is established for the fight against drug addiction by relevant regulations, which should also be reminded by anti-drug advertising. The foundation of the fight against drug addiction and drug crime should be a scientifically sound state restrictive policy based on a legal culture. Keywords:

Keywords: medical preventive discourse, anti-drug social advertising, perlocution, conviction.

Anton Evgen’evich Fedunin
Professor of the Criminal Procedure Department, Saratov State Law Academy, doctor of legal sciences, associate professor
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Vladimir Jur’evich Alferov
Associate professor of the Department of Justice and Law enforcement Activities, Saratov Socio-Economic Institute (the brunch) of PREU (Plekhanov Russian University of Economics), candidate of legal sciences
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Annotation: the article is dedicated to the relevant problem of norm-setting culture in the sphere of legislative regulation of operational-search measures using technical means in the investigation of criminal cases. This problem is not researched enough yet. A comparison of the current legislation governing the institution of interaction between preliminary investigation and inquiry bodies during the implementation of operational investigative measures in the framework of criminal cases under investigation indicates the absence of a common concept that would uniformly describe legal relations in this area and provide an unambiguous cultural and legal understanding of its essence, results , as well as the possibilities of using materials obtained by operational investigative units in proving by angle other matters. These circumstances justify the need for complex approach to legal regulation of the described institute and the topicality of its improvement. The subject of this study is the institute for the interaction of preliminary investigation and inquiry bodies during the implementation of operational-search measures in the framework of criminal cases under investigation and the peculiarities of its legal regulation from the standpoint of a normative culture. The authors pay attention to contradictions within current legal norms which discourage effective work of this institution and lead to controversial interpretation of legal norms, problems in application of operational-search results for proving in criminal cases. At the same time the authors critically analyze the inconsistency of the legal norms governing the activities of the bodies of preliminary investigation and inquiry in the field of operational-search support for the disclosure and investigation of crimes. Thus, the aim of the work is to study the culture of lawmaking in the field of legislative regulation of operational-search measures using technical means in criminal investigations based on an integrated approach. To achieve this, the authors use the basic general scientific methods (dialectic, system analysis, deduction and induction, comparisons and analogies, etc.), as well as the formal legal method and the method of legal modeling. The main objectives of the study were solved through the use of the comparative legal method. A significant novelty of this work is that the authors identified gaps in the current legislation governing the legislative regulation of operational investigative measures using technical means in the investigation of criminal cases that impede the effective functioning of this institution, as well as the use of the materials obtained in proving criminal affairs. The practical value of the research lies in the fact that it substantiates the need for legislative unification of legal norms governing the conduct of operational investigative measures using technical means in the investigation of criminal cases, and the introduction of appropriate amendments and additions to regulatory legal acts that would coordinate the operational investigative and criminal procedural legislation in this area and ruled out the ambiguity of interpretation of the law by law enforcement. Keywords:

Keywords: lawmaking culture, operational-search measures, investigation of criminal cases, proving, technical means, solving and investigation of crimes.

Irina Alexandrovna Pushkareva
Tutor of the Department of Humanitarian, Socio-Economic, and Natural Sciences Disciplines, Kuzbass Institute of the Federal Penitentiary Service of Russia, Candidate of Philological Sciences
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Lubov Nikolaevna Odintsova
Associate professor of the Department of Criminal Procedural Law and Criminology, Kuzbass Institute of the Federal Penitentiary Service of Russia, Candidate of Legal Sciences, Associate professor
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Annotation: the relevance of the article is determined by the fact that the fight against corruption as a negative social and legal phenomenon throughout the world occupies one of the leading places among issues of interest of modern civil society and legal state. The authors believe that such measures of fight against corruption as anti-corruption education itself and its different approaches are factors of special significant value. The authors describe foreign anti-corruption experience, sources of origin of corruption, its negative consequences, and the mostly effective anti-corruption measures. The authors give the definition of corruption, analyze the main factors deterring this negative phenomenon, represent positive experience of several generations of anti-corruption measures in the history of world fight against corruption. It is established that the main measure of fight against corruption is to organize complex system of preventive measures. Researchers are focusing on anti-corruption education, which fosters a culture of participation and consciousness, the complete rejection of corruption, and the popularization of anti-corruption standards. The subject of the research is foreign sources on the problems of combating corruption abroad, translated into Russian. The purpose of the work is to highlight the positive global practice of combating corruption, the possibility of borrowing positive experience in Russia. The methodological basis of the article is formed by the general scientific and special scientific methods of cognition traditionally used in science – dialectical, historical, comparative legal, analysis, generalization of the data obtained. Based on the analysis of foreign sources and literature, the authors conclude that the implementation of measures to prevent and comprehensively combat corruption should be a central issue in international cooperation. This implies transparency and openness of assets, the exchange of comprehensive information on international financial activities and the development of incentives for collective action and partnership. The significant novelty of the present research is he reflection of modern problems of the activity of leaders of world powers, state bodies, individual citizens, and the public in the fight against corruption. The main results of the study are options of solving the problem of combating corruption tested in some particular countries. The authors conclude that it is necessary to study both anti-corruption measures that have yielded positive results, and that did not produce such a result in relation to Russia. The materials of the article can be interesting to scientists and practitioners involved in the fight against crime in general and corruption in particular.

Keywords: legal culture, anti-corruption measures, governmental bodies, corruption, law awareness, sources of corruption, combating corruption, fight against corruption.

Boris Georgievich Soldatov
Associate Professor of the World Languages and Culture department, Don State Technical University; Associate Professor of the department of General Education and Legal Disciplines, Rostov Institute (the brunch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of philological science, Associate Professor
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Natalia Viktorovna Soldatova
Associate Professor of the Foreign Languages department of the brunch of Russian Customs Academy; Associate Professor of the department of General Education and Legal Disciplines, Rostov Institute (the brunch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of philological science, Associate Professor
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Annotation: the article is devoted to the relevant issue of formation of the legal culture by means of foreign language sources. The issue deals with methodology of teaching foreign languages in law universities. The subject of the research is the process of formation of the students’ legal culture during the study of foreign language. The article is aimed to reveal and justify pedagogical conditions for successful formation of the legal culture among law students. The research methodology is composed by theoretical (analysis and synthesis, modeling), empirical (analysis of pedagogical and methodical literature on the research problem, observation of the pedagogical process) methods of scientific knowledge, as well as a system-activity approach. The authors describe the general requirements to the content of textbooks and tutorials for the “Foreign Language” discipline as the mean of formation of international legal culture of the students. Scientific novelty of the research lies in the fact that the authors are the first ones who classify and describe parameters of levels of interaction between communication process participants (in case they are representatives of different cultures). The authors also draw a parallel between the development of linguistic skills and understanding of special foreign language information related to the specificity of the legal culture. The authors underline that the growth of the students’ activity can be recognized as the factor of intensification of the process of the study of foreign language and formation of the legal culture. Basing on this fact the authors consider problematic method of teaching on the example of the role play “Practice of the European Court in the field of international law”. The authors conclude that the role of foreign language in formation of the legal culture is to enlarge the law students’ views on the moral and legal value orientations; and that the intensification of the teaching foreign languages is one of the ways to provide high-quality educated specialists in the sphere of jurisprudence characterized by appropriate level of the legal culture. The results of the present research can be used in teaching of “foreign Language” disciplines for law departments of the universities and for universities of the legal profiles.

Keywords: internationalization of a personality, legal culture, intercultural communication, teaching foreign languages, professional communication modeling, role and business plays.

Juliya Viktorovna Malevanova
Associate Professor of the Administrative and Financial Law Department, Leading Researcher of the Center of Scientific Research, All-Russian State Juridical University (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Juridical Science, Associate Professor
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Annotation: over the past decade, more than a hundred regulatory acts aimed at combating corruption have been adopted in our country, the main focus of which is on the formation of anti-corruption behavior of state and municipal employees. At the same time, measures of popularization of anti-corruption standards of behavior in society through the education system - from preschool to higher - are not explicitly fixed in these acts. Nowadays conditions apply for formation anti-corrupt views among schoolchildren because secondary general education is aimed at formation and development of a personality, ratification of moral values and life principles. Mentioned circumstances claim the relevance of the research. The author pays special attention to the necessity to use potential of educational activities of educational institutions. Author suggests three forms of anti-corruption education. The subject of the article is represented by issues connected to organization of anti-corruption education. The purpose of the article is to improve educative work of institutions of general education towards formation of anti-corruption views among growing generation. To achieve the purpose, general scientific and private scientific methods were used: the dialectical method of cognition, the method of system analysis, the methods of comparisons and analogies, and a number of others. The scientific novelty of the article lies in the formation of the foundations of the concept of a comprehensive (integrated) form of anti-corruption education (training) of schoolchildren. The author believes that development of law awareness, inculcation of such values as legitimacy and legal order, respect to rights and freedoms of citizens, formation of legal culture and intolerance to corruption behavior must be realized within realization of general education programs. In order to form an anti-corruption views among students in educational institutions, the author justifies the need for updating not only federal state educational standards, but also basic educational programs, as well as adopting methodological recommendations for teachers.

Keywords: anti-corruption views, anti-corruption activity, anti-corruption education, institutions of general education, complex (integrated) form of anti-corrupt education.

Gorbunova Marianna Jur’evna
Postgraduate Student of the State Theory and Law Department, Saratov State Academy of Law
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Annotation: the purpose of the present research is to describe legal method of encouraging activity as an indicator of the legal culture of society; to justify the necessity to study methodological and legal formalization of encouraging; to study peculiarities of its consolidation in Russian legislation. The relevancy of the theme is caused by special methodological and legal rules which are viewed as the essential condition of effective use of regulating potential of these legal means and of providing maximum level of personal right and freedoms defense. The subject of the research is methodological and legal peculiarities of formalization of encouraging in law, by means of which one can find purpose and value of law as a social ruler. By means of systematic, functional, formal legal and other research methods, the author describes areas of legal activity covered by the provisions on legal engineering. Basing on the analysis of interconnection between law making and law enforcement methods of determination and use of encouraging the author claims that both are of the same content. Varies approaches to composition of legal methods’ elements are researched. Scientific novelty is that the author formulates his own view on the structure of legal methodology and on distinguishing of its main elements which are options, means, and rules. Research materials can be used in further scientific studies of theory of state and law and law making and law enforcement activities.

Keywords: legal methods, law making methods, law enforcement methods, means of legal methods, options of legal methods, rules of legal methods, encouraging, encouraging matters, legal culture.

Abaeva Elena Anatol’evna
Associate Professor of the Constitutional and Municipal Law Department, SSU (Saratov State University) by name of N. G. Chernyshevsky, Associate Professor of the Constitutional Law Department, SSLA (Saratov State Law Academy), Associate Professor of the Department of State and Law Disciplines, Volga Institute (the brunch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Juridical Science, Associate Professor
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Annotation: the relevance of the article is specified by the necessity to analyze constitutional and legal status of collective state and public unities of public control on the level of local authorities. The subject of the article is represented by common regularities and defects of the current regulation pattern within the described area. The purpose of the article is to find the gaps, defects, and collisions in legislation, and to work out recommendations for its correction in ruled sphere. The author used dialectical, structural-functional, systemic, formal-legal methods of scientific research. Scientific novelty is that the author suggests eliminating legal uncertainty in constitutional legal status of unities of public control on local level by means of changes in Federal law dated 21.07.2014 № 212-ФЗ “About the grounds of public control in the Russian Federation”. The author also believes in necessity to work out and accept typical regulations (standards) for public boards under local governmental bodies and public boards (chambers) under municipal bodies. The study substantiates the position on the need for unification of federal, regional and municipal lawmaking in terms of constitutional and legal regulation of the status of subjects of public control in order to improve the activities of public chambers (boards) of municipalities and public boards at local governments.

Keywords: public control, democracy, constitutional and legal status, public chambers (boards), local government.

Irina Viktorovna Kurkova
Deputy Head of the Department of Legal Support of the Office of the Federal Service for State Registration, Cadastre and Cartography in the Saratov Region
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Annotation: the article is dedicated to the relevant law enforcement of matters of law deal with state registration of rights giving to owner possibility of extrajudicial and additional protection of his rights in rem. The purpose of the work is to convey to a wide range of interested persons information on the legal way of protecting property rights, the procedure for submitting an application to Rosreestr (Russian State Register) about the impossibility of registering without personal participation, the legal consequences of submitting such an application, the grounds for paying off the application not to register without personal participation. The subject of the research is practical use of legislation matters and learning mechanism of their use. A significant novelty of the work is represented by analysis of the law enforcement, starting from the day when the norm in question is put into effect in 2013, indication of the situations when this “protection” does not work, as well as a practical analysis of judicial practice. The author of the article uses a method of comparative analysis of legislative acts, on the basis of which she concludes that the legal framework generally preserves the rule governing the submission to Rosreestr of a statement about the impossibility of state registration of transition, termination, restriction of the right and burden of such an object without the personal participation of the right holder. Basing on the analysis of judicial practice the author comes to conclusion that submission of the application not to registered without the personal participation of the non-title owner is not allowed; it is allowed for owner of a land section towards section belonging to him, and not allowed towards the whole land plot.

Keywords: registration of real-estate property, Rosreestr (Russian State Register), Unified State Register of Rights to Immovable Property, owner of immovable property, personal participation in registering, protection of property right.

Juliya Aleksandrovna Aleksandrova
The Head of Scientific Research Department , Volga Institute (the brunch) of All-Russian State University (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Political Sciences
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Annotation: 06/18/2019 in Volga Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia) in frameworks of Scientific-education center took place panel discussion “Social and Juridical Mechanism of Providing Rights of a Human and a Citizen: Issues and Outlooks”. The event was devoted to the memory of doctor of juridical sciences, professor, honored worker of Higher School of the Russian Federation Aleksandr Sergeevich Mordovets.

Keywords: legal policy, rights of a human and a citizen, mechanism of providing rights of a human and a citizen, legal culture, law awareness.