Legal Culture and State Legal Life of Society
Gulyakov A. D. State Legal Culture of Federalism (Basing on Russian and Foreign Experience)
Aleksandr Dmitrievich Gulyakov
Rector of Penza State University, Candidate of Juridical Sciences, Docent
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Annotation. The relevance of the article is served by the need to introduce the ideas of federalism into mass consciousness and to form action-related attitude towards it due to stabilization of state order. Because the legal culture of federalism is being formed within the society, the opinions of the citizens concerning practicability and harmony of federalism within a particular country are socially and politically important. The author claims that the fact that most states rarely provides social investigations on federated issues, negatively influences on recognition of state legal culture. The purpose of the present research is to determine terms and mail components of federated state legal culture formed within the society and the influence of federated state legal culture on a federation. The subject of the research is state legal culture of federalism. Its scientific novelty is realized through the author’s innovative approach to the notion and structural components of state legal culture. The author applies comparative method together with historical and state studiesmaterials including the information about the development of federative culture in USA and Russia. The author also analyzes the questionnaires ofpublic views in Germany, Austria and Russia. Basing on the results of the research the author specifies the scheme of social legal monitoring, proposes the approaches to awareness-raising support of federative relations including the functioning of special broadcasting group.
Keywords: federalism, state and legal culture, federalism in USA, federalism in Russia, social investigations, federative relations in Germany and in Austria, social legal monitoring, media propaganda, introduction of the Russian federalism.
Legal culture and state-legal policy of modern Russia
Mal’ko A. V., Zryachkin A. N. Defects in Legal Culture and Legal Responsibility
Aleksandr Vasil'evich Mal’ko
Professor of the departament of State and Law Disciplines of Volga Institute (the brunch) of All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Doctor of Legal Sciences, Professor, Honoured Science Worker of RF
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Aleksandr Nikolaevich Zryachkin
Associate Professor of State and Law Department, Saratov State Law Academy, Candidate of LegalSciences, Docent
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Annotation. The relevant component of the article is realized through the complex description of the defects in legal culture and their influence on the sort of legal responsibility. The subject of the research is the main defects in legal culture expressed as various deformations of legal awareness. The authors follow the purpose of the research which is to show mutual connection between deformation of legal awareness and the possibility of applying negative measures of public intervention. By means of statistical analysis and comparative method, analyzing concrete situations the authors make the conclusion about the need to encourage and extend legal awareness and legal culture of an individual, social groups and society in general. On the authors’ opinion it can be reached through the encouraging legal education and providing each subject’s positive responsibility. The novelty of the research is due to the fact that the authors show that positive legal responsibility depends on high level of the legal culture. The article can be applied for lecture courses and tutorials on relevant topics in the framework of teaching legal disciplines, as well as in the practice of lawyers in order to increase positive responsibility and develop professional legal culture. The main criterion for the success of such plans is their comprehensive, coordinated nature, which makes it possible to reduce and later overcome the defects of legal awareness and legal culture.
Keywords: legal culture, legal awareness, defects, deformations of legal awareness, infantilism, nihilism, legal irresponsibility, legal responsibility, legal education.
Gur’ev V. V., Zatonsky V. A. Legal Culture as the Element of Legal Life and the Criterion of Its Quality
Vyacheslav Vladimirovich Gur’ev
First Deputy Director of Volga Institute (the brunch) of All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Candidate of Economic Science, Docent
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Viktor Aleksandrovich Zatonsky
Associate Professor of the department of Historical Legal Disciplines, Senior Researcher of the Research department, Volga Institute (the brunch) of All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Candidate of Historical Science, Docent
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Annotation. Legal science needs generalizing concepts which can allow to study legal public processes fully. This fact causes the relevance of the research. The subject of the analysis is represented by such public realities and categories as «legal policy», «legal culture», «legal life» in the context of their interaction and mutual influences. The purpose of the research is to indicate conditions which allow to provide higher quality of legal life and required level of the legal culture of those subjects on which the degree of development of legal life depends. The authors apply general scientific methods (they are: dialectics, system analysis, deduction and induction, comparison and analogy, etc.), and formal legal approach. The novelty of the article is realized through the development of the theory of legal life as the object of legal policy. Practical value of the research is consists of measures measures to improve the legal culture of subjects as a criterion for the quality of legal life.
Keywords: legal policy, legal life, legal culture, legal awareness, lecal activities, lawful behavior, protest activity, legal state, civil society.
Trofimov V. V., Goryushina Y. V. Regulations of Legislative Assemblies as a Documentary-fixed Expression of the Functional Directions of Modern Legislative Activity: Initial Research Experience of Content Analysis (on the example of the Regulations of the Tambov Regional Duma)
Vasily Vladislavovich Trofimov
Director of the Research Instituteof State Legal Researches, Professor of the Department of Theory and History of State and Law, Federal State Budgetary Educational Institution of Higher Education «Tambov State University named after G. R. Derzhavin», Doctor of Law, Docent
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Yuliana Vadimovna Goryushina
Associate Professor of the Department of Theory and History of State and Law, Federal State Budgetary Educational Institution of Higher Education «Tambov State University named after G. R. Derzhavin», Candidate of Economic Sciences
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Annotation. The relevance of the issue of self-identifying functional directions of law-making process is caused by increased role of lawmaking in life of modern society. The subject of the research is represented by process of indicating functional directions of law-making activities of legislative assemblies in the documented and fixed expressions as the appropriate rules. The authors apply content-analysis as the way to test it as the way to analyze legal documents. The purpose of the research is to describe particular experience of applying the methodology of content analysis to a legal document on the example of the Regulations of the Tambov Regional Duma. The authors also apply methodology of linguistic and systematic approaches. The applied approach can get the characteristics of scientific novelty in the context of the research of functional directions. The authors characterize the defined counting elements as the verbal forms in text of a document. These elements are due to express current functional directions in frameworks of law-making process.
Keywords: law-making, legal study, legislative assembly, regulation, lawmaking, functional focus, content analysis, verb, actions.
Legal Culture and Human Rights
Rabadanov A. S. Regarding Protection of Constitutional Rights and Freedoms of a Human and a Citizen in Criminal Law: Theoretical and Juridical Issues
Abdulla Salikhbekovich Rabadanov
Associate Professor of the Criminal and Criminal Enforcement Law Department, Saratov State Law Academy, Candidate of Legal Sciences, Docent
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Annotation. The present paper is devoted to theoretical and juridical issues of protecting human rights and freedoms in criminal law. The author believes that nowadays it is important to realize the need to approve such a legislation which would serve the formulation of new pattern (concept) of socially fair criminal law of the future. This fact causes the relevance of the research. The subject of the research consists of normative legal acts, works of scientists deal with theoretical legal issues of protecting human rights and freedoms in criminal law. The purpose of the article is to analyze theoretical and practical issues connected to protecting a human and a citizen’s rights and freedoms in the system of fundamental provisions of the Constitution of RF and basic concepts of the criminal law. The author applies the following methods: general scientific (induction, deduction, analysis, synthesis) and private legal ones (formal juridical, comparative-legal). Scientific novelty of the article is determined by comprehensive analysis of such a new phenomenon in the criminal law as the institution of guarantees and its public juridical essence. The main results of this work contain proposals and recommendations towards allocation and legislative embodiment in Criminal Code of RF separate institution of ensuring defense in the Russian criminal law. The author concludes that proposed conceptual pattern can improve the content and enforce law-enforcement potential of Criminal Code of RF serving prevention of crimes among citizens.
Keywords: guarantees of defense, judicial defense, conceptual model, criminal law, rights and freedoms, criminal law objectives, principles, realization of rights and freedoms.
Legal Culture of Right Creativity
Afanas’ev S. F., Borisova V. F. Legal Regulation of Procedural Rights and Duties Exercised in Electronic Form by the Sides of Civil Trials
Sergej Fedorovich Afanas’ev
Chair of Arbitration Procedure department of Saratov State Law Academy, Head of the Section of Theory and Sectoral Issues in Legal Policy, The Institute of State and Law of The Russian Academy of Sciences (Saratov brunch), Member of Scientific Advisory Board to the Supreme Court of RF, Doctor of Law, Professor
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Victoriya Fedorovna Borisova
Associate Professor of the Civil Procedure department, Saratov State Law Academy, Candidate of Legal Sciences
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Annotation. The present article is dedicated to the analysis of current legal regulation of civil procedural relations realized in electronic format. The authors believe that there are some common issues in legal regulating of these relations which cause the relevance of the research. The subject of the study is represented by rules of civil procedural legislation, judicial practice, lawyers’ opinions towards described discourse. The purpose of the research is to identify the peculiarities of civil procedure in conditions of digitalization. The authors use general scientific and private legal methods. The novelty of the study lies in the fact that the authors pay special attention on the introduction of new rules for judicial reviews of civil cases by means of videoconferencing. The main result is that the authors evaluate actual electronic activities of the judges and other participants of the trial outside the area of legal regulation. In conclusion the authors poses that digitalization itself is not being an aim but the means to achieve effectiveness, transparency, and timeliness of justice.
Keywords: electronic justice, digitalization, legal regulation, videoconferencing, web-conference, digital document.
Legal Culture of Law Enforcement
Lipinsky D. A., Makarejko N. V. How Legal Responsibility Influences the Transformation of Legal Awareness among Officials of Internal Affairs’ Bodies
Dmitrij Anatol’evich Lipinsky
Professor of Master department, Tolyatti State University, doctor of Legal Sciences,Professor
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Nikolaj Vladimirovich Makarejko
Professor of the department of Administrative Law and Proceeding, Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, Doctor of Legal Sciences, Docent
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Annotation. The relevance of the research is determined by the role and significance of positive legal responsibility in awareness of law in the minds of internal affairs’ officials. The purpose of the present work is to indicate possible contradictions between the legal consciousness of employees of internal affairs bodies and the instructions arising from the norms of legal responsibility, and to describe their unity and interaction. World-view base of the research is represented by categories of dialectics. The authors also apply such traditional methods of research as formal juridical and structural legal ones. The authors describe the issues of transformation of legal awareness of internal affairs’ officials and prove the very active role that legal responsibility plays in this process. The authors points the tendentiousness of the current legislation and the increased responsibility of internal affairs’ officials. The authors justify the need to strengthen positive influence of legal responsibility on legal awareness among police officials and to neutralize negative influence.
Keywords: legal awareness, influence, legal responsibility, transformation.
Estamirova L. P. Legal Regulation of Powers of the Units Charged with Ensuring Police’s Internal Security on Sub-Divisional Level
Larisa Petrovna Estamirova
Professor of the Department of Administrative Law and Law Enforcement activities of the Volga Institute (the branch) of All Russian State University of Justice (RLA of the Ministry of Justice of Russia), Doctor of Law, Associate Professor
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Annotation. The subject of the research is represented by legally established pattern of legal regulation of powers of the units charged with ensuring police’s own security on sub-divisional level. The purpose of the research is to work out proposals regarding the improvement of legal regulation or powers of mentioned units in charge with providing police’s internal security. The author claims that the applied methods of legal analysis and synthesis allow to formulate proposals aimed to improve quality of legal regulation of powers of the units charged with ensuring police’s own security on federal and regional levels.
Keywords: police, internal security, units ensuring internal security, powers, legal regulation.
Tribune of Young Scientist
Milusheva T. V., Gorbunova M. Y. Peculiarities of Legal Technique of Embodiment of Encourages in Russian Law
Tat’yana Vladimirovna Milusheva
Chair of the Civil Law and Procedure department of Povolzhsky Institute of Management — brunch of RANEPA, Doctor of Legal Sciences, Docent
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Marianna Yur’evna Gorbunova
Legal Council of the State Health-Care Institution «Saratov State Clinical Hospital 1 named after YU. YA. Gordeev», Deputy Assistant of Saratov Regional Duma
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Annotation. The relevance of the research is served by some problems in the sphere of technical legal embodiment of encourages in Russian legislation. The subject of the present paper is represented by encouraging rules in Russian law. The purpose of the research is to indicate peculiarities of legal technique applied in the process of embodiment of encouraging rules. Methodological base consists of systematic, formal legal methods allowing to study legislative system of encourages and to discover the specificity of technical legal means of their formalization. The authors justify the conclusion about the dependence between embodiment of encouraging rules in legislation and the sort of encourages. Due to this fact the authors suggest to distinguish public honors embodied in special (thematic) legal acts and the other ones (sectoral) kinds of encouragements which are regulated by sectoral legislation. Scientific novelty of the research is related to articulation of authorial point of view regarding the optimization of the means of legal technique of embodiment of encourages in Russian law. The sphere where the results of the present research can be applied is further investigation in the field of state and law.
Keywords: legal technique, technique of embodiment of encouraging rules, means of legal technique, rules of legal technique, encourage, encouraging rules.
Anikanov A. К., Pronina E. N. Sharing Court Expenses in Civil Proceedings
Artem Konstantinovich Anikanov
Deputy Chairman of Saratov Regional Court
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Elena Nikolaevna Pronina
Chair of Civil Law and Procedure department, Volga Institute (the brunch)of All Russian State University of Yustice (RLA of the Ministry of Justice of Russia), Associate Professor of the Theory of State and Law department, Saratov State Law Academy, Candidate of Legal Sciences, Docent
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Annotation: The article is devoted to the issues of sharing court expenses in civil proceedings. The authors base on the methods of comparative legal knowledge and analyze provisions of civil and civil procedural legislation and decisions of supreme courts of the Russian Federation. By means of this analysis the authors come to conclusion that rules of civil society can be applied towards sharing court expenses without legal sources. The suggested approach leads to introduction of legal regulation in the sphere of sharing proceedings expenses in non-judicial and judicial orders with the application of civil and legal tools. The novelty of the research is realized through the authors’ propose to conclude procedural agreements regarding share of procedural costs not between plaintiffs only but between the other litigants of civil proceedings. The institution of sharing expenses is describes as the significant element for forming legal culture and as factor of optimization of justice.
Keywords: civil proceeding, civil law, legal culture, court expenses, court.
Legal culture and international cooperation
Khizhnyak V. S. Correlation Between Constitutional-Legal and International-Legal Policy Regarding the Issues of Establishing Constitutional Environmental Human Rights in the Countries of East Asia
Veronika Sergeevna Khizhnyak
Professor of the Department of Constitutional Law named after I. E. Farber of Saratov State Law Academy, Doctor of Law
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Annotation. The relevance of the present paper is served by the need to develop international cooperation in the field of environmental human rights. The study innovates the process of identifying the correlation between constitutional-legal and international-legal policies to establish constitutional environmental human rights in East Asia. The subject of the research is represented by correlation between constitutional-legal and international-legal policies regarding the issues of establishing constitutional environmental human rights. The author’s purpose is to determine overall similar and distinctive features inherent for both constitutional-legal and internationallegal policies regarding the issues of establishing constitutional environmental human rights. The author uses analysis ans synthesis methods. In conclusion the author formulates proposals for improvement of international cooperation in the sphere of establishing constitutional environmental human rights in East Asia
Keywords: constitutional law, international law, constitutional-legal policy, international-legal policy, constitutional environmental human rights, international cooperation, countries in East Asia.
Legal Culture and Education
Sulejmanov B. B. Dogma of Law and Some Ideas Regarding Position of S.S. Alekseev
Bigruzi Bukharinovich Sulejmanov
Chair of Theory of State and Law department, North-Caucasian Institute (brunch) VSUYu (RLA of the Ministry of Justice of Russia), Сandidate of Historical Sciences, Docent
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Annotation. The relevance of the research is related to the need to analyze transformation of one wide-known scientist’s views on the law’s dogma. This transformation is due to the well-known conversions in our country. The subject of the research is the work of S. S. Alekseev about the essence and meaning of law’s dogma in juridical activities. The main purpose of the research is the analysis of mostly significant aspects of law’s dogma. The author applies different scientific approaches, such as logical, comparative-legal, systematic ones, etc. The newness of the article is related to the author’s effort to describe the dogma of law through the prism of S. S. Alekseev’s works. The author justifies the need to study dogma of law for training lawyers. The results of the research can be applied in working out theoretical provisions of jurisprudence and teaching lawyers.
Keywords: law, dogma of law, positivism, jurisprudence, objective law, subjective law, analytical jurisprudence, common theory of law, rule of law, comparative jurisprudence, philosophy of law.
Tribune of Young Scientist
Tumanova D. S. Regarding Some Historical Legal Aspects of the Development of Summary Proceeding
Daria Sergeevna Tumanova
Postgraduate Student Of the Arbitration Procedure Department, Saratov State Law Academy
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Annotation. The paper is devoted to the historical legal analysis of the development of summary proceeding institution regarding some issues of legal culture. The fact that the author notes the importance of indicating ways to accelerate justice and increase its efficiency serves the relevance of the research. The subject of the article is represented by normative legal acts and the works of scientists concerning the formation of the institution of summary proceeding. The purpose of the research is to shape certain scientific ideas towards institution of summary proceeding. The author applies such general scientific approaches as induction, deduction, analysis and synthesis and such private legal methods as historical-legal, formal-legal, comparative legal ones. Scientific novelty is determined by the fact that the author provides complex investigation of summary proceeding institution through the historical aspect. The main result of the work is to indicate the features of the development of the institute of simplified production in Russia. The author concludes that there are the following elements of simplification: shortened terms of proceeding, consideration of the case in one session using only the submitted written evidence.
Keywords: civic process, legal proceeding, summary proceeding, writ proceeding, historical legal aspects.
Blinkov I. A. Digitalization of Justice: Issues of Modern Development
Igor Aleksandroviсh Blinkov
Postgraduate student of Civil Law and Procedure Department, Povolzhsky Institute of Management, Branch of RANEPA
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Annotation. The relevance of the research is determined by following factors: the need for digital influence on judicial procedure, solving the problems regarding to application of digital technologies, providing principles of the adversarial nature and equality of rights of the parties during distant forms of procedures. The subject of the research is represented by the issues of using video-conferencing and analysis of evidences on-line. The author proposes his own view on the concept of the term «electronic justice». The purpose of the research is to study new ways of using technologies in courts and to propose some ways to solve possible problems. To achieve the purpose the author uses such general scientific methods as dialectical one and method of comparative analysis. The research is based on comparative legal method. The novelty of the article is realized through the description of issues regarding particular means of proving through video-conferencing.
Keywords: electronic justice, digital technologies, video-conferencing, principles of procedure, investigation of evidences.
Abrashin A. A. Disclosure of Evidences as the Part of Preparation of a Case to Court Hearing in Russia and in the Countries of Anglo-Saxon Law
Aleksey Aleksandrovich Abrashin
Postgraduate Student of Saratov State Law Academy, Secretary of Court Hearing in Oktyabrsky regional court of Saratov
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Annotation. The author compares disclosure of evidences in Russia and in the countries of Anglo-Saxon law (England and USA). The relevance of the research is caused by the fact that disclosure of evidence acts the constituent part which guarantees principle of the adversarial nature and equality of parties in legal proceeding. The purpose of the research is to describe the rules of disclosure of evidences on the stage of preparing case to court hearing in Russia and the countries of Anglo-Saxon law. Methodological basement consists of dialectical method of scientific cognition and comparative method of research. The author posses as the result of the research the description of the concept of disclosure of evidences on the stage of preparing case to court hearing in Russia and the countries of Anglo-Saxon law. The author concludes that it is right to underline the necessity of advanced exchange of written documents or indicated data, clarifications, reviews, and other materials among parties of legal proceeding before the court hearing. Due to reducing juridical illiteracy and duration of court hearings the author claims that in courts of general jurisdiction lawyers should be representatives. And they have to press for continuity of proceeding, as a rule, bordered in one court hearing.
Keywords: disclosure of evidences, civil process, civil proceeding, Anglo-Saxon pattern, continent pattern.