Rustam Sulejmanovich Bajniyazov
Professor of the State-Legal disciplines of Volga Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of Russia) in Saratov, Doctor of juridical science, Professor
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Annotation: the relevance of the article is served by the fact that modern jurisprudence is being more and more alienated from metaphysics. Philosophy of law is not necessary knowledge for it. The author of the article analyses the connection between metaphysics and legal philosophy and hence the unity of legal knowledge and legal idea. The author determines legal terms out of connection with metaphysical thinking and concerns it as the right way to reach the legal knowledge. The subject of the research is legal idea, the option of legal philosophy and its foundation in metaphysics. The purpose of the article is to study metaphysical character of the legal philosophy. The research is made in accordance with logic rules and general legal method. The scientific newness lies in recognizing the fact that metaphysics determines the option of legal philosophy. The author concludes that legal terms of jurisprudence cannot be postulated out of philosophical legal knowledge; and the jurisprudence cannot exist without legal philosophy which is naturally directed to understanding the veracity of legal idea.

Keywords: metaphysics, legal idea, nature of law, legal philosophy, legal notion.

Irina Georgievna Napalkova
Associate Professor of the State and law's theory and history department, Rostov state economics university (The University Impact Rankngs), Honored Worker of Higher Professional Education, Professor
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Annotation: cultural approach used in the process of cognition of legal reality allows to indicate mostly significant aims which are expressed in human culture and to research role and meaning of civilizations in the public development. Current circumstances apply for indicating new features and fringes of law and its conceptual socio-cultural and anthropological grounds. Being the main regulator of public relations the law functions in indivisibility with multiple cultural phenomena and contribute to permanent development of the society. The general purpose of the present research is to describe the process of forming and evolution of the mail values of European legal culture; to achieve the purpose the author prefers to base on social cultural and anthropological approaches. The subject of the article is represented by evolution of the legal culture and indicating the ways legal values affect the field of public life in European states; the author means that these ways contribute to forming norms of legal behavior. The use of the methods of philosophical legal cognition allows to determine paradigms of the European legal culture in context of the common world views. Methodology of systematic cognition of legal reality provides the possibility of indicating multiple determinations of legal phenomena and processes in the European legal systems. Comparative legal way of cognition is aimed to identify common and specific features and to define patterns and accidents in their development. The newness component of the research is realized thorough foundation of social cultural and anthropological aspects of forming and developing European legal culture and through the indicating its paradigms. The results of the research can be used for justifying the criteria of typology of the legal culture and classification of the modern legal sytems.

Keywords: legal culture, legal system, conceptual ideas, legal culture paradigms, natural legal values, civil society.

Sergej Fjodorovich Afanas'ev
Chair of the Arbitrary process department, Saratov State Law Academy, Doctor of Juridical Science, Docent

Alexandr Nikolaevich Ermakov
Associate professor of the Arbitrary process department, Saratov State Law Academy, Candidate of Juridical Science, Docent

Annotation: the article is dedicated to the questions of adoption of institution of conciliatory procedures in the part of legislation deal with public administration procedures. The authors of the paper discuss the possibility to make conciliatory procedures with the help of digital technologies viewing it as the way to increase the effectiveness of security of rights and legal interests of the objects of a legal dispute and to reduce the burden on judicial bodies. The subject of the research is the legal institution of conciliation procedures viewed as an element of the procedural form of consideration and resolution of cases arising from public legal relations. The purpose of the work is to justify the universal nature of the institution of conciliation procedures and the possibility of their implementation in procedural legislation, taking into account the specifics of the legal nature of material legal relations that are the subject of judicial activity. The methodological basis of the study is the conceptual provisions of the general scientific dialectic method of cognition and the methods of scientific research in their complex: formal-legal, dialectical, legal-historical, system-legal, comparative-legal, prognostic ones. The novelty of the study lies in the formation of the theoretical foundations of the model of conciliation procedures as a universal legal means of reconciliation of participants in disputed legal relations in the field of public administration, which ensures a balance of private and public interests and the achievement of judicial tasks. The results of the research are expressed as the theses about the possible direction of the development of legislation in the sphere of conciliatory procedures and the use of digital technologies in their implementation. The results of the research can be used in the sphere of public relations connected to disputes resolution, consideration and resolution in court of administrative cases and cases of administrative offenses. The authors come to the conclusion that it is necessary to consolidate the rules on conciliation procedures in the legislation on administrative offenses, as well as to fix in the legal acts regulating conciliation procedures in the framework of administrative legal proceedings, provisions on the remote format for interaction between parties interested in resolving a dispute.

Keywords: administrative proceeding, civil process, conciliatory procedures, mediation, digital justice.

Roman Aleksandrovich Sevost'yanov
Candidate of Juridical Science, Associate Professor of Prosecutorial Supervision and Criminology Department, Saratov State Law Academy
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Annotation: the central idea of the article is to describe determinants of aggressive behavior on an aircraft board during the flights. The author pays special attention to combination of different factors and their influence on individuals' behavior. The author believes that conditions on an aircraft board in flight are being untypical (abnormal) for majority individuals; these circumstances are accompanied by some factors which negatively influence human organism. The subject of the research consists of external and internal factors forcing an individual to express his aggression on an aircraft board. The research is aimed to indicate and learn (on general theoretical level) objective, subjective and cultural determinants of the mentioned phenomenon and to formulate recommendations for its prevention. To reach the aim the author of the present article uses system of dialectical approaches which contains systematic analysis, observation, interviewing;the author uses these methods to indicate the needed determinants. Scientific newness of the article is represented by the author's attempt to formulate the general elements of the conception of prevention individuals' aggressive behavior on aircraft boards. Speak on the conclusion the author comes to note that absolute majority of flights causes worrying state of mind. This state is deal with fear against the conditions of psychological discomfort which is being amplified by external flight factors negatively influencing the whole organism and the psychics; these factors are pressure changes, lack of oxygen, desynchronize, etc. In conditions of flight psychological discomfort can be strengthened by an individual's psychological peculiarities such as psychic weakness or propensity for anxiety; and, f.i. by consumption of alcohol or psycho stimulants. Speak on the conclusion the author comes to understanding that the main factors preventing aggressive behavior in flights are state of morality of an individual, his inner culture connected to the ability to rule own emotions and to respect other people's interests.

Keywords: determinants of criminal behavior, motives of crimes, preventing crimes, psychology of crime, criminal aggression.

Olesya Alexandrovna Kukhareva
Candidate of Juridical Science, Associate Professor of Arbitration Process Department, Saratov State Law Academy
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Svetlana Aleksandrovna Semikina
Candidate of Juridical Science, Associate Professor of Arbitration Process Department, Saratov State Law Academy
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Svetlana Petrovna Kazakova
Candidate of Juridical Science, Associate Professor of Arbitration Process Department, Saratov State Law Academy
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Annotation: the ongoing judiciary reform and “procedural revolution” in contemporary Russia apply for analysis and comprehension of the essence of institution of judicial representation and its role in the legal life of the society. This process serves the relevance of the present article. The authors pose complex institution of judicial representation in connection with its influence on the increasing level of legal culture as the subject of the article. The purpose of the article is to justify the need to construct the effective pattern of judicial representation as the significant condition of increasing legal culture level in general and in the procedural field. Methodological base is built upon systematic approach and the combinability of general scientific and special cognitive methods. The novelty of the work lies in the formation of the theoretical foundations of increasing the effectiveness of judicial representation in terms of the implementation of guarantees of qualified legal assistance in legal proceedings in civil and administrative cases in the context of amendments to the procedural legislation that entered into force on 01.10.2019. The results of the research are summed up as the theses about positive dynamics in the development of legislation system in the light of ruling the institution of judicial representation and expectations concerning practical use of procedural rules. Considering all the facts these results can be used in the field of public relations deal with providing judicial aid for civil and administrative cases. In conclusion the authors say that professionalization of judicial representation plays significant role in increasing level of the legal culture among procedural participants, as well as it influences jurisprudence and the society in general.

Keywords: legal culture, arbitral process, civil process, administrative jurisprudence, judicial representation, advocacy, competent legal assistance.

Sergej Alexandrovich Filippov
Candidate of juridical science, Associate Professor of the Civil Law department, Saratov State Law Academy, Docent
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Polina Olegovna Pereyarina
Student of the Institute of the Enforcement Affairs, Saratov State Law Academy
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Annotation: the development of digital payment options causes the increase amount of operations between local and international financial organizations and financial services clients.The authors clime that people should note the possibility of fraudulent activities when they buy something or make brokering via the Internet. The relevance of the research is served by the lack of particular study of charge-back option. The purpose of the article is to analyze the institution of charge-back which is being little-known in the domestic financial market. The novelty of the research is determined by its purposes, contents, and the authorial conclusions and recommendations. The authors use methodological basis which consists of general scientific methods of cognition: normative, systemic, logical, and private scientific methods: formal logical, a method for studying judicial practice and interpretation of legal norms. The authors believe that in the system of variety payment options charge-back becomes one of the reliable ways to protect payments.

Keywords: charge-back, client, bank, court, bank account, payment, refund.

Galiya Rushanovna Shamjenova
social-economic and legal disciplines, Volga Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) Associate Professor of the department of Humanitarian, of the Ministry of Justice in Russia), Candidate of juridical science
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Annotation: the effective implementation of the educational process in the university today involves the initiation and conduct of systematic psychological and sociological studies. The article attempts to systematize thepriority spiritual and moral values that affect the formation of the legal culture of students. The author proposes main directions of educational work. The author explains the relevance of studying the formation of students' legal culture by the need to improve all aspects of the education system, including the process of educational work, an important part of which is the formation of the legal values of a Russian citizen. The main objective of the research is a theoretical comprehension of functional ways of principles of forming students' legal culture within educational work, and understanding the mechanism of the processes of forming professional views of the righteous individual. The author justifies the principles of forming the students' legal culture within building holistic structure of the righteous person and exemplifies the option of their realization in educational work. The novelty of the work consists in a practical description and identification of an effective algorithm for the formation of students' legal culture in the educational work of a modern university. The authorial conclusions realized through the indicated tendencies and principles which can be used as the base of further development of theoretical pattern of forming active civil position among students concerning the growth of the legal culture. The author applies analysis of legal and psychological pedagogical literature concerning the discourse of legal culture and the methods of questionnaire and expert survey. As the result the author indicates principles of forming and developing students' civil position towards the issues of forming legal culture. According to the author's view these principles are caused by inner motives of a student during the process of his self-development and professional self-improving. Particular approaches and conclusions can be used to improve modern concept of forming subjective beliefs of the students towards the issues of forming legal culture inside the university educational area.

Keywords: legal culture, education, innovative education, personality of a student, fundamentalization of education, socialization of an individual, non-curricular educational work, legal and cultural values.

Polina Vladislavovna Korshunova
Tutor of the “Justice” department, Penza State University
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Annotation: legal culture of the judges is the specific indicator of their professional level and ability to perform duties and take decisions independently, rightfully and justly. The author states that the search of new ways to increase the legal culture and law-awareness level of judges in conditions of unity of judicial practice becomes relevant in the context of exercising judges' authorities. Still the relevance of the article is determined by the lack of particular researches in the sphere of legal culture and judges' law-awareness through the prism of the doctrine of guarantee the unity of judicial practice in Russia. The subject of the article consists of normative acts and doctrinal provisions to the issues of legal culture and awareness of law among judges. The purpose of the article is to give theoretical legal analysis of legal culture and awareness of law among judges in the context of the administrations of justice in Russia. The authors achieve this purpose by analyzing the norms of the current federal legislation and the provisions of the legal doctrine. The methodological basis is represented by such methods as comparative legal, formal legal and system-structural. The authors describe the issue of realizing legal culture and judges' awareness of law; and researches the judges' attitude towards their professional activities, their views and beliefs in the frameworks of following to the principle of unity of judicial practice. The authors also touch upon particular aspects of forming judicial discretion and judges' inner belief on the base of their law-awareness and legal culture level. The authors learn theoretical issues of legal culture and judges' law-awareness; they characterize the general approaches to legal culture notion in juridical science; they analyze such terms as judges' law-awareness, inner belief of a judge, judicial discretion; they study and justify the structure of judges' legal culture and law-awareness and define their correlation; they indicate the problems of deformation in judges' awareness of law and illustrate them with statistics and practical examples; they come to the conclusion about the significance of legal doctrine in formation of the general level of legal culture among judges and in administrative of justice.

Keywords: unity of judicial practice, Supreme Court of RF, Constitutional Court of RF, legal culture, awareness of law, legal doctrine, legal system, legal ideology, legal psychology, principle of law, judicial authority, judicial practice, judicial discretion, legal procedure, convincing the judges.

Ekaterina Anatol'evna Rodina
Assistant of the Uryupinsky inter-district prosecutor of the Volgograd region, lawyer of the 3rd class
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Annotation: the relevance of the article is served by the fact that there is no unified approach to define the range of actors who cab be recognized as the injured persons. Meanwhile, the content of preventive measures depends on the volume of content of this concept. The subject of the article is represented by the provisions of the criminological theory, criminal procedure and administrative legislation on the nature and content of the concept of “victim”. The purpose of the work is to determine the scope of the concepts of “victim” and “injured person” and to establish their relationship. The author uses such general scientific methods of cognition as: analysis, synthesis, induction, deduction, logical, systemic and a number of others. The newness of the article is realized through the authorial comprehensive analysis of approaches to the understanding the concept of “injured person” in the theoretical literature and various regulatory acts. The author substantiates his own position towards this issue.The author shows that the approach to the definition of the term “injured person” from the procedural point of view is unjustifiably strict and doesn't correspond the aims of victimological prevention.The author explains that it is preferable to define the context of this notion basing upon provisions of criminal legislation; the author justifies that the position when the state is being inside the range of victims excessively enlarges the subject of victimological prevention and leads to unjustified politicization of this scientific discipline. The main conclusion is that the circle of victims in victimology should be limited to individuals and legal entities, including those who are recognized as victims of the criminal process, and those who for some reason are not given the appropriate procedural status, but actually suffered damage from the committed crime.

Ключевые слова: виктимология, криминология, жертва, потерпевший, физическое лицо, юридическое лицо.