Bases of a State Policy in the Sphere of Development of Legal Literacy and Sence of Justice of Citizens Fundamentals of the State Cultural Policy: Theory and Practice of Legal Life
V. A. Zatonsky Respect for the Human Rights as the Principle of Law-Based State and Its Practical Realization;
Victor Alexandrovich Zatonsky
Senior Research Scientist of Saratov brunch of State and Law Institute of RAN (Russian Science Academy), Candidate of Historical Science, Docent
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Annotation: the relevance of the research is served by several factors, which are: a) special value of problem of human rights in public life; b) the need to determine the order of formation and development of statehood; c) necessity and high social value of universal respect for human and his rights and freedoms; d) necessity to build and apply effective legal policy aimed at incarnation of reviewed principal in reality. Respect is based on the principle “one's freedom mustn't harm the other's freedom”. Hence, moral nature of the principle of respect for human rights is based upon categories of kindness and common good. This rises value of both, human rights and respect for them, and scientific research of these phenomena, used to support moral improvement of the society, formation of solidarity and the high cultural level (in general and in legal sphere); the author believes that without this features it is impossible to provide real adjustments and reforms. The subject of the research is represented by theoretical and methodological aspects of the principle of respect for human rights and its place in the system of legal statehood principles, as well as legal aspects of realization of this principle by legal policy. The purpose of the research is to make general theoretical analysis of such phenomenon as respect for human rights; the author reviews it as a social reality and legal category, one of the fundamental principles of legal state. The other goal is to describe legal policy as the source to fix the noted principle in life of the Russian society. To achieve this set of aims the author uses the following cognitive methods: dialectical, systemic, functional, abstraction ones, and methods of analysis and synthesis. Significant newness of the research lies in the fact that it develops the most important directions of modern domestic legal science, they are: a) theory of human rights; b) theory of legal statehood; c) concept of legal policy as the source to provide human and citizen's rights and freedoms, forming legal statehood and high level of legal culture and legal life of the society and individual. Practical value of the research is that genuine respect for human rights is able to influence on public consolidation and all the areas of public livelihood.
Keywords law, human rights, respect for human rights, dignity of the individual, legal state, legal policy, law-making policy, legal culture, principles of legal state.
R. S. Bayniyazov God's name in the Constitution
Rustam Suleimanovich Bayniyazov
Professor of the department of state-legal disciplines of the Povolzhie Law Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia) Saratov, Ph. D., Professor
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Annotation: Russia proposes a number of changes to the Constitution of the Russian Federation, some of them have caused a discussion in the society. The principle question is the possibility of mentioning the name of God in the Constitution. The article considers this problem in the sphere of the constitutionality. The subject of the study is metaphysics of the legal idea, the essence of law, the philosophy of law, the constitutional idea, the constitutional legitimacy. The purpose of the work is to determine the constitutionality of mentioning the name of God in the Constitution. The study was conducted in accordance with the metaphysical principle and the laws of logic. The scientific novelty of the work is the understanding the name of God, mentioning in Constitution which corresponds the truth of the legal idea. It is concluded that this statement has a philosophical and legal justification and expresses a constitutional consciousness.
Keywords: God's Name, truth of legal idea, metaphysics, philosophy of Law.
Philosophy of Legal Culture. The Theory is Right. State Theory
G. N. Komkova, E. N. Toguzaeva Values Of The Russians' Legal Culture In The Modern Information Space
Galina NikolaevnaKomkova
Chair of the department of Constitutional and Municipal Law, the Dean of Law Faculty of Saratov National Research University named after N.G. Chernyshevskij, Doctor of Juridical Science, Professor, Honored Lawyer of the Russian Federation
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Ekaterina NikolaevnaToguzaeva
Chair of the department of Civil Law and Procedure of Saratov National Research University named after N.G. Chernyshevskij, Candidate of Juridical Sciences, Docent
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Annotation: the relevance of the article is served by current changes in legal culture and legal traditions; the changes are caused by formation of the Russian information space. The authors analyze general risks of the legal cultural values' transformations. The object of the article is valuable background of the legal relations appearing in the conditions of the digital society development. The purpose of the article is to indicate the general value priorities in the developing the legal culture in conditions of forming digital society. To achieve the purpose the authors use systematic, dialectical and comparative-legal methods. Scientific newness of the research is defined by the authorial position and formulated value priorities of the modern legal culture. Consequently the authors suggest to revise the mail ways of the legal culture development and to move towards current level of information interactions in the Russian society without coping western patterns. The authors sum up their opinions to come to the conclusion that it is necessary to create ethic rules for interactions between a human and an artificial intelligence and to project traditional values within information area; and the authors underline the importance of the periodical rethinking of the values.
Keywords: legal culture, digital society, values, information culture, legal backgrounds, information space.
Legal Culture of Right Creativity
Roman Viktorovich Graph
Postgraduate Student of the department of Constitutional and International Law, Povolzhsky Institute of Management named after P.A. Stolypin (RANEPA – the Russian Presidential Academy of National Economy and Public Administration)
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Annotation: the relevance of the article is caused by the absence of the unified approach (theoretical, legislative, law-enforcing ones) to application of constitutional right on restitution from the state caused by breaches of human rights by statutory bodies and officials. The significance of the studied right is due to the fact that it is applicable to the defense of citizens suffered from illegal actions of statutory bodies and their officials; and due to the fact that it is created to help to strengthen the legitimacy of statutory bodies' activities. The subject of the present research is represented by the laws of constitutional and sectoral legislation confirming public and legal features of legal correlations in the sphere of ensuring constitutional right on restitution from the state. The purpose of the article is to indicate legislative frameworks for restitution from the state. It justifies the author's choice of systematic, dialectic, and comparative methods as the well as the method of formal logics. The author indicates actual and legal (both ones, legislative and juridical) grounds for appearing of state responsibility to compensate harm caused to the individual; this component serves the newness of the research. The other facts serving the newness of the article are the authorial justification of public and legal mechanism of restitution of such a harm and indication of its peculiar features distinguishing it from private legal mechanisms. The results of the research are aimed at redefining the theoretical views on reasons for responsibility for harm caused by state, improvement of categorical apparatus and legislative institutions.
Keywords: constitutional right on restitution from the state; institution of restitution from the state; public and legal mechanism of restitution.
Legal Culture of the Law Enforcement
Z. M.Kazachkova Anti-corruption Policy in the Public Health Sphere: Issues and Achievements trough Comparative Legal Prism
Zemfira MukharbievnaKazachkova
Professor of the department of Administrative and Financial Law, All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Doctor of Juridical Science, Professor
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Annotation: the relevance of the set question consists of the necessity to conceptualize anti-corruption policy in the public health sphere and to define priorities in the system of legal and institutional anti-corruption means in the most significant element of public policy. The author of the article bases on the example of European Unity countries, USA and the others describes the issues of logics, institutional history, achievements, defeats in building and realization of anti-corruption policy in this particular sphere. The author reviews conceptual frameworks of the issue and shows its universal meaning for different organizational legal patterns of health security. The purpose of the research is to discover types, sorts and forms of corruption in the public health sphere and to show complexity of the developing universal conceptual framework for this sphere even on the base of original foreign sources. The subject of the research is represented by complex issue of proper formation of anti-corruption policy in the sphere of public health, institutionalization of the policy on the national and supranational levels. The author examines Russian and foreign sources, gives statistical data and basing on the application of range of general and particular methods of juridical analysis extrapolates the possible ways of the development of anti-corruption policy in Russia in this sphere of public relations. The author also follows the logics, endogenous and exogenous factors influenced on models of anti-corruption policy in foreign countries. Methodological basement consists of general scientific and special cognitive methods, they are: dialectical method, method of formal logics including analysis, synthesis, induction, deduction; systematic approach, comparative legal and comparative historical methods and formal dogmatic, methods of description and comparison are used as well. The newness of the research lies not only in the sphere of study legal and institutional grounds of formation and development of anti-corruption policy in the public health sphere but in the indication contradictions of national legislations and law-enforcement practice. The author makes conclusion about the significant potential of anticorrupt policy in the public health sphere as the most significant entity of state policy. The author underlines the importance of comparative studies, anti-corruption monitor of the any legal system's tools used to take appropriate administrative decisions and to rise the effectiveness of realized anticorruption operations in the public health sphere.
Keywords: corruption, public health, bribery, embezzlement, procurement, payoffs, theft, fraud, conflict of interests, informal payments, lobbying, trading.
D. A. Babichev Correlation of Judicial Review and Prosecutor's Supervision over Lawfulness of the Decisions in Investigative Work
Dmitry Aleksandrovich Babichev
Doctoral student of the department of Criminal Procedural Lawand Criminology, All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Juridical Science, Docent
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Annotation: the present paper reflects the results of the examination of theoretical studies and conceptual views covering the aspects of correlation between judicial review and prosecutor's supervision over investigative work (IW). The relevance of the article is served by indicating the need to form such a criteria system of certain attributes and features which can help to distinguish judicial review from prosecutor's supervision in investigation sphere, excluding the possibility to substitute control with supervision function and vice versa. The subject of the article is correlation between judicial review and prosecutor's supervision over lawfulness of the decisions in investigative work. The purpose of the present research is to make analytical review of the scholars' opinions, judicial decisions, marking and describing similarities and differences between prosecutor's supervision and judicial review over lawfulness of the decisions in investigating and search activities. Methodology of the research consists of general-scientific dialectical method of cognition and such constituent methods as: systemic, logical, statistical, special-juridical ones, and method of comparative jurisprudence. The newness of the research is expressed by enlarging scientific knowledge about peculiarities and criteria of distinguishing prosecutor's supervision and judicial review over lawfulness of the decisions in investigating and search activities. Main results of the research include the conclusion that judicial control and prosecutor's supervision in the sphere of investigative work follow almost the same purposes. But the areas of their judicial responsibility are not always the same and they are different by nature. That's why correlation between judicial control and prosecutor's supervision over lawfulness of the decisions in investigating and search activities is one of the mostly deliberative questions in the judicial doctrine. The way of interaction of judicial control and prosecutor's supervision in the IW sphere is mostly determined by law-enforcement practice which adds the needed adjustments in the current rules of fight to criminality increasing the level of requirements to commitment to human rights and reasons, determining optimum format of correlation between power influencing investigating and search processes (their lawfulness) in control-supervising instances. The results of the research can be used in law-enforcement practice of authorized prosecutors, objects of IW, and in scientific works concerning prosecutor's supervision and judicial review over lawfulness of the decisions in investigating and search decisions. The author concludes that supervision power of procuracy in IW sphere is much more wider than judicial power. In the described section of control supervision activities only the authorized prosecutor in accordance with his appropriate rights and requirements is able to indicate facts of breaches in legislation about IW. Possibilities of judicial control in this particular sphere are objectively strict.
Keywords: investigative work, judicial control, prosecutor's supervision, investigative decision, police operation, lawfulness, object of prosecutor's supervision, limits of prosecutor's supervision, operational entity, respect for human rights.
Legal Culture: Human Rights, Rights of the People. International Cooperation
V. S. Khizhnyak East Asia Countries' International Legal Policy in Ecological Sphere in Conditions of Globalization
Veronika Sergeevna Khizhnyak
Senior Research Scientist of Saratov brunch of State and Law Institute of RAN (Russian Science Academy), Doctor of Juridical Sciences
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Annotation: the author believes that in conditions of globalization we can see increasing risks for environment because the development of technical industrial tools requires more natural resources; and the use of technical tools themselves often poses a threat to the environment. The relevance of the article is determined by the need for a competent international legal policy of states in an appropriate sphere. The novelty of the study consists of the analysis of the international legal policy of East Asian states in the environmental sphere, revealing its features at the present stage. The subject of analysis is the international legal policy of East Asian states in the environmental sphere. The purpose of the research is to identify the compliance of the modern international legal policy of East Asian states in the environmental sphere with the risks that globalization poses to the environment, and to make suggestions for its improvement. The author uses comparative legal method, analysis and synthesis methods in the research. As a result, the author identifies features of the international legal policy of each of the examined states and indicates the similarities. The results of this study can be used in the development of the concept of the foreign policy of the Russian Federation on environmental issues, as a scientific justification of the international legal policy of the Russian state in this area, the development of environmental doctrines, concepts and programs. The author concludes that the international legal policy of the states under consideration is not sufficiently developed to withstand the risks of globalization. The article ends with recommendations on improving international cooperation and developing international legal policy in the environmental sphere.
Keywords: globalization, legal policy of the state, international legal policy, environmental protection, constitutional law, international law.
Jiang Siyuan
Executive Secretary of the Office for Creation of the Legal Services Commission for SCO (China), Director of the cooperation department of the Center of International Legal Preparation and Cooperation for SCO (China), Candidate of Philological Science
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Gan Zhongyang
Magistrate Student of Chong Qing University of Law and Public Policy
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Annotation: the present paper is aimed to define place and role of the Republic of Uzbekistan in foreign economic relations of the People's Republic of China; to reflect problems and current condition of trade and economic relations between the states; to analyze possible options of enlarging two-side cooperation in frameworks of Uzbekistan implementation of innovative trade and economic course of Activity Strategy of the Republic of Uzbekistan towards five main brunches of the development of the country in the period of 2017–2021. The authors show peculiarities and priorities of China investments for the economy of the Republic of Uzbekistan and among them the authors underline joint projects in the spheres of construction and operation of gas pipelines, coal mines, power plants, railway and telecommunication networks, etc. The relevance of the present research is caused by the fact that the Republic of Uzbekistan is an important strategic partner of the People's Republic of China in Central Asia. Trade and economic reforms of Uzbekistan correlates with the current policy of reforms in China and the openness in this sphere can be a benchmark for the reforms in other countries situated along “One Belt One Road”. These reforms touch the fields of political system, enhancing international exchange and relations and lawmaking activities. The subject of the research is represented by statistical data, legislation documents and agreements, scholars', practitioners' and professionals' conceptual approaches to international issues. The purpose of the article is to analyze trading structure, to describe specific features and priorities of mutual investments for both countries' economies, to learn theinfluence of different factors on bilateral correlation between China and 0Uzbekistan in the sphere of trade and economic relations. Methodology of the research consists of general and particular scientific methods of cognition: analysis, synthesis, deduction, induction, generalization, comparison, etc. Significant newness of the research is realized through the authorial effort to make the complex description of current condition of Uzbek-Chinese trade and economic relations due to their further improvement. General results of the research include the following conclusion: despite the permanent increase in Chinese-Uzbek cooperation absolute values distinguishing these processes are still relatively small and the trading structure still faces adjustment. Among the main correlative problems in this sphere the authors single out a law share of participation of small and medium private enterprises among the total number of investment entities. Trade and economic cooperation between the two countries still retains great potential for development.
Keywords: China, Uzbekistan, trade an economic reforms, Mirziev, trade relations.
Legal Culture and Education
L. M. Konyakhina About the Use of Mobile Phones in the Process of Teaching Foreign Language for Law Students
Liudmila Mikhajlovna Konyakhina
Associate Professor of the department of Foreign Languages in the Legal Sphere, Economy and Administration of Udmurt State University
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Annotation: the present paper is dedicated to the aspects of influence of mobile phones on learning the English language in students' classroom tutorials. The relevance of the article is served by the fact that despite the rising interest to educational value of mobile phones there is still the lack of researches covering the tutors' and students' attitude towards the application of digital tools in the educational process. The subject of the research consists of domestic and foreign scholars' works dedicated to the influence of the use of modern electronic devices on the process of teaching students; the article contains the main views of these scholars. The purpose of the article is to study didactic sources of mobile phones in the process of teaching English for law students and their possible influence on potential groups of students. As the methodology of the research the author makes a questionnaire due to indicate tutors' and students' attitude towards the use of mobile phones in educational process. The questionnaire contains opinions of 50 students of Institute of Law, Public Administration and Security and 10 tutors of the department of Foreign Languages in the Legal Sphere, Economy and Administration of the Language and Literature Institute of Udmurt State University. The results of the research allow to indicate the fact that application of mobile technologies in education is characterized by significant educational value, pedagogical feasibility and the effectiveness. The author believes that the use of digital devices allows to better students' motivation to studying foreign languages and to improve their results. On the author's opinion, potential of mobile devices is applicable not only for teaching foreign languages but for realization of cross-curricula issues as well as for study other disciplines. The scientific newness of the research consists of the authorial effort to indicate attitude of the students and teaching stuff towards the use of modern digital technologies in the process of teaching and studying a foreign language. Basing on the questionnaire the author identifies patterns of improving teaching methodology with the use of innovative means.The author comes to the conclusion that the use of mobile devices allows to increase the effectiveness of educational process, helps to stimulate cognitive activity of the students and provides informative capacity of the training materials.
Keywords: mobile technologies in education, mobile teaching, effectiveness of educational process, teaching methodology, informational means of teaching.
Трибуна молодого ученого
P. V. Korshunova Legal Culture and Judges' Awareness of Law: General Theoretic Aspects of Providing Justice in Russia
Polina Vladislavovna Korshunova
Tutor of the “Justice” department, Penza State University
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V. J. Samorodov About the Cultural Character of Law-Making Connected to the Counting Social Constants in Law-Making Results
Vladimir Jur'evich Samorodov
Postgraduate student of the Theory and history of state and law department, Derzhavin Tambov State University
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Annotation: : the present paper covers the phenomenon of modern lawmaking process in the context of its cultural aspect; according to the author's point of view the guarantee of the increase of this aspect is based upon counting social constants of law within law-making results. The relevance of the chosen theme of the research is served by multiple aspects, they are: lack of qualitative component in legal norms, legislation weaknesses, poor expression of the legally meaningful social interests in legislation requirements, stability and non-stability of the groups of social relations and the other problems which law-making institution faces with. The purpose of the research is to justify the necessity of counting social constants of law within current law-making process and the legal norms (as the result). The author suggests to recognize it as the particular feature of the law-making culture in civil society. The author applies generalization methods, ascents from the abstract to the concrete, modeling, as well as the comparative legal method, the method of system research (system-structural approach) and some other cognitive methods. The author pays special attention to sociological legal approach; its use allows to interfere social grounds of lawmaking activities and to indicate essential connection between law and society. In conclusion the author underlines that it is important to view current law-making process as the cultural, complex, dynamic and intelligent category served by multiple public factors. The author believes that lawmaking process must be based on public legal reality. It can be a ground for the effective law-making process and increase the rate of its results.
Keywords: law, culture, sociology, society, law formation, lawmaking, law-making culture, law's public nature, legal process.
State and Society: Interaction Theory and Practice
A. A. Kiselev Seasonality of Crime as the Subject of Criminological Research
Andrey Alexandrovich Kiselev
Postgraduate Student of Saratov State Law Academy Senior Security Officer of the Criminal Investigation Department of the Ministry of Internal Affairs of Russia in Saratov
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Annotation: the relevance of the article is due to the fact that seasonal changes of crime are deeply connected to the life-rhythm of the society in general and to its traditions, processes of migration, spread of financial support of socially meaningful projects, timetable of interurban transport, level of national legal culture, etc. All these peculiarities must be taken into account in the plans of measures to counteract crime. The subject of the article consists of definition, features and meaning of seasonality of crime as the indicator of level and kind of crime. The purpose of the research is to define prevailing content of seasonal crime and the importance of its study for domestic prevention activities of law enforcement agencies. Methodology of the research contains general scientific methods of cognition, they are the method of systemic analysis, summarizing method, and historical one. The newness of the present research lies in the scientific justification of earlier unlearned seasonal recurrence of crime. The results can be used in preventive activities of the law enforcement agencies, including the sphere of increasing effectiveness of forecasting crime and national legal culture. The author gives his own variant of scientific approach to seasonality of crime.
Keywords: seasonal recurrence an crime, seasonality of crime, circledevelopment of the society, preventing of crime.