Alexander Vasiljevich Malko
Professor of the department of State and Law Disciplines of the Volga Institute of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia) Doctor of legal sciences, Professor, Honored Scientist of the Russian Federation,
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Roman Sergeevich Markunin
Associate Professor of the Theory of State and Law department, Saratov State Law Academy, Candidate of Legal Sciences, Docent
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Yuliya L’vovna Shumskikh
Senior Lecturer of the Jurisprudence department, Buzuluksky Humanitarian-Technological Institute (the brunch) of Orenburg State University
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Annotation. The subject of the present research is represented by mechanism of interaction between legal anti-culture and legal responsibility. The aim is to indicate place and role of legal responsibility in the process of fighting anti-cultural displays within legally enforceable activity. The relevance of the theme is realized through identifying new causal links between gaps in legal regulation of juridical responsibility institution and the other negative consequences like high level of legal anti-culture, raise of corruption in civil mechanisms, etc. The authors apply the following methods of scientific cognition: formal juridical, dialectical and the other ones as well as comparative legal analysis. The novelty of the research deals with the fact that authors invent the existence of the way to strengthen the legitimacy by means of increasing legal culture, legal awareness of a person, society and an official; which can be expressed through conscious and purposeful regulation and control of own behavior in the framework of current legal order.

Keywords: legal culture, legal anti-culture, legal awareness, increasing legal responsibility, corruption.

Leonid Viktorovich Goloskokov
Leading Scientist of Research department, Moscow Academy of Investigation Committee of the Russian Federation, Doctor of Legal Sciences, Docent
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Annotation. The relevance of the present paper is served by the fact that Mass Media more and more often consumes the notion «fifth column». The subject of the research is the fifth column as the complicated phenomenon of public life. The purpose of the research is to confirm intentional harmful activities in the field of lawmaking where the result looks similar to the activities of the fifth column. The author applies the Lorentz’s attractor to justify the failures in passing new laws; and this particular method shows that it is not due to the activities of the fifth column but due to the common reactions of complex systems. The explanation is extrapolated on the cases when lawmaking is well-intentioned but causes negative results. The author comes to conclusion that criminal activities of the fifth column cannot be proved in this particular field; it is more productive to to search them in the other spheres and with the help of other methods.

Keywords: fifth column, lawmaking, harm, artel, social responsibility, bankruptcy, Lorentz’s attractor.

Nikolaj Ivanovich Grachjov
Professor of the department of Theory and History of State and Law, Sochi branch of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Doctor of Legal Sciences
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Anna Vladislavovna Ivanenko
Chair of the department of Theory and History of State and Law, Sochi branch of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Legal Sciences
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Annotation. The relevance of the present paper is served by the fact that normative decrees of the Russian Federation Federal Assembly’s Chambers are usually referred to the sources of law. But according to their qualitative characteristics they cannot be set up in the common jurisprudential classification. The subject of the research is represented by the content and formal features of the decrees of the Russian Parliament’s houses which deal with those issues that they are vested with the power to approve by the Constitution of RF. Methodological basement of the research is the constituency of investigation and cognitive approaches. The article contains deep analysis of the political and juridical essence, clarification of the character, meaning and significance of the issues related to the civil life, which are solved by passing decrees of the RF Federal Assembly’s chambers. The scientific newness of the work is realized through the classification of the described decrees proposed by the authors.

Keywords: chambers of the Federal Assembly, decrees of the houses of Parliament, normative legal acts, law-enforcement acts, quasi-normative acts, Rules of the houses of Parliament, legal acts of the public administration, normative facts, legal acts of the supreme administration.

Dmitry Anatolyevich Lipinsky
Professor of the Magistracy department, Tolyatti State University, Doctor of Legal Sciences, Professor
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Ivan Evgenyevich Popov
Postgraduate Student of Tolyatti State University
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Annotation. The relevance of the present paper is determined by the lack of theoretical frameworks of issues of procedural culture and anti-culture as well as procedural offenses. The purpose of the research is to indicate possible manifestations of anti-culture in the field of procedural relations. During the research the authors use dialectical, formal-legal and structural-legal methods. The authors describe various collisions, contradictions and the gaps in procedural legislation, determining procedural offenses. The authors regard procedural offenses and abuse of rights as anti-cultural manifestations. They also justify that the lack of legal culture in lawmaking bodies can determinate procedural offenses and function as one of anti-cultural manifestations.

Keywords: procedural offenses, procedural responsibility, legal responsibility, legal culture and anti-culture.

Andrey Vladimirovich Kolesnikov
Associate Professor of the department of Administrative and Municipal Law, Saratov State Law Academy, Candidate of legal sciences, Docent, Honored Worker of Higher Professional Education of RF
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Annotation. The relevance of the present paper is served by the possibility that law-enforcement bodies can variably interpret norms of municipal and administrative law. The author claims that the lack of unification of terminology in rules of law causes legal pluralism in application of different notions and terms; so they can be applied according to the principle «how is it convenient for those who apply». It spoils that practice and contradict the idea of building a legal state. The subject of the research is represented by rules of public brunches of law. The aim is to indicate the contradictions between terminology and its application practice. The author uses the following investigation methods: systematic analysis, technical-legal (the method of juridical writing), dialectical method, monitoring, description, comparison. The novelty of the research is determined by indicating contradictions between terminology and current legal condition of legal entities. The author concludes that there is a need to unify terminology.

Keywords: term, local administrative bodies, servant, deputy, law-making activity, subordination, official.

Yury Alexandrovich Svirin
Professor of the department of Civil Procedure and Court Bailiff Service Organization, the All-Russian State University of Justice, Academician of Russian Academy of Natural Sciences, Honorary Lawyer of Russia, Doctor of Legal Sciences, Moscow
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Annotation. The relevance of the present article is caused by almost total lack of scientific researches related to the investigation of the category of discretion in private legal relations. The author compares the category of discretion in private legal and public relations from the position of the professional level of legal culture. The author believes that, despite that judicial discretion in public law and discretion in private law are interconnected, they both are heterogeneous phenomena. In private law discretions determines the start of judicial discretion mechanism in procedural law. Methodological base of the research consists of formal scientific cognitive methods as well as private scientific ones; they are: comparative knowledge of law, technical legal analysis of theoretical and normative-legal sources, specification and interpreting methods. The purpose of the present work is to justify the legal nature of discretion in private and public law from the point of view of theoretical understanding. The novelty of the research is determined by the fact that the author proves the essential presence of legal tool of discretion in all the brunches of private law. As a result the author works out definition of discretion, indicates the connection between discretion in private law and judicial discretion in procedural law, describes correlation between will and discretion, determines the borders of discretion. Practical value of the research deals with the fact that article’s content can be applied for further development of the discretion mechanisms in private and public law.

Keywords: discretion, judicial discretion, will, the borders of discretion.

Anna Petrovna Yakovleva
Associate Professor of Civil Law and Procedure department, Povolzhsky Institute of Management – the brunch of RANEPA, Candidate of Legal Sciences, Docent
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Tat’yana Vladimirovna Velichko
Lecturer of faculty of Primary Professional Education (PPE), Povolzhsky Institute of Management – the brunch of RANEPA
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Annotation. Today the issue of distinguishing private legal and public legal disputes become more and more urgent. That’s why the authors believe that studying administrative claims helps to exclude wrong identification of the judicial brunch. On the authors’ opinion it can increase the legal culture when applying to the courts. The subject of the research is represented by the analysis of the structure of administrative claim. The purpose of the paper is to indicate peculiar features of administrative claims. The principle of scientific novelty is realized through the development of theoretical frameworks of the structures of an administrative claim as an instrument for protecting rights in disputes arising from public legal relations. As the result of the research the authors describe peculiar features of administrative claim. The methodology of the work is based upon the complexity of general scientific and special cognitive method in use. The research can be applied in the field of public relations related to the protecting rights by means of claim in conditions of public lawful dispute.

Keywords: a dministrative claim, components of a dministrative claim, the object of claim, subject of case, cause of action, parts of administrative dispute.

Roman Alexandrovich Sorochkin
Doctoral Student of the Criminal Law department,Kutafin Moscow State Law University (MSAL),Candidate of Legal Sciences
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Annotation. The relevance of the study characteristics innate to entities of corruption crimes, prescribed in sub-chapter 1, Article 4 of Federal Law «On Countering Corruption», determines the subject of the research. That’s why it is represented by the investigation itself which contains dialectical, systematic structural, formal logical methods of reflecting the organizational-administrative and administrative-economic functions and the functions of a representative of the authorities in the criminal-legal norm-definition determining an official. The purpose of the research is to argue the view on an official as on a person vested with «social powers» mostly typical and publicly significant for its administrative functions. The newness of the article is indicated by its content which is the complexity of provisions allowing to increase the effectiveness of criminal legal countering corruption (the author suggests the characteristics of an official’s social powers) and the level of anti-corruption legal culture.

Keywords: corruption, corruption crime, entity of corruption crime, official.

Sergey Alexandrovich Filippov
Associate Professor of the Civil Law department, Saratov State Law Academy, Candidate of Legal Sciences, Docent
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Elena Alexandrovna Inamova
Associate Professor of the Civil Law and Procedure department, Saratov State National Research University named after N.G. Chernyshevsky; Associate Professor of the Arbitration Procedure department, Saratov State Law Academy, Candidate of Legal Sciences, Docent
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Annotation. The authors of the present paper analyze legitimate interests in family law. The purpose of the research is to indicate vested interests in the Family Code of RF and to analyze arguments in the preamble adduced for the decision of European Court of Human Rights (ECHR) on the need of protection and defense legitimate interests of the applicant: the case is Znamenskaya vs the Russian Federation. The scientific novelty is as the authors describe the category of «legitimate interest» in the context of the need to protect it as is justified by ECHR. The authors apply general scientific, private scientific methods of investigating rules and provisions of family law. The object of the research is represented by public relations caused by the need to satisfy the subjects’ rights and vested interests. The analyzed subject is viewed as the provisions of family legislation regulating defense and protection of legitimate interests of parts involved in family relations. The authors come to the following conclusions: legitimate interest is directly connected to the essence of law and dialectics of its correlation with interests of basic legal concepts constituting the bones of jurisprudence and legal culture; Family Code contains particular interest which is the object of defense and is free of subjective law. This interest is “legitimate interest” which has to be accounted, legally evaluated and defensed by both law enforcement bodies and the other subjects.

Keywords: interest, legitimate interest, subjective rights, personal rights, family legal relations, defense, protection, family, European Court, the Russian Federation.

Inna Nikolaevna Protopopova
Associate Professor of Thoretical Law department, Povolzhsky Institute of Management – the brunch of RANEPA, Candidate of Historical Science, Docent
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Ekaterina Alekseevna Lin’kova
Student of Faculty of Political and Legal Administration, Povolzhsky Institute of Management – the brunch of RANEPA
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Annotation. The present paper investigates the complexity of issues related to correlation between modernization processes in cultural sphere and its impact on state and society. The relevance of the research field is served by the need to form high level of culture in the Russian society. The purpose of the research is to determine peculiarities and mechanisms of realization of cultural educational functions in the Russian Federation at the current stage. The subject of the present work is represented by cultural educational function of the Russian state. The authors apply historical ans statistical methods. The authors conclude that at the current period the significance of cultural educational activities in state has been steadily increasing.

Keywords: state, cultural educational function, legal education, legal training.

Alexandr Alekseevich Mashin
Postgraduate Student, Saratov State Law Academy
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Annotation. The author of the present paper analyzes specific procedural rules related to defending rights of participants of equity construction in case of developer’s bankruptcy. The relevance of the article is due to the need to give to the participants of equity construction additional opportunities to protect their rights; that seems to the author to be very important in conditions of lack of legal culture in this particular sphere. The subject of the research is the analysis of current procedural opportunities to protect rights of participants of equity construction. The purpose of the work is to propose the options of removing gaps in mechanisms of legal protection. The author applies general-theoretic and specific-legal methodology. The scientific novelty of the research consists of the ways suggested by the author in sphere of solving the viewed problems. The author believes that these ways were not described in previous researches in the similar field. As the result the author proposes some changes in normative legal regulation in this institution. The author also notes the need to enlarge procedural participation of equity construction in cases related to developer’s bankruptcy; to increase citizens’ legal culture in this sphere; to exclude some rules from current legislation.

Keywords: developer’s bankruptcy, judicial proceedings of bankruptcy, bankruptcy procedure, legal culture, mechanisms of protecting rights.

Vladimir Yur’evich Samorodov
Junior Scientist of the Research Institute of State-Legal researches, Derzhavin Tambov State University
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Alexandr Vasil’evich Malko
Chief Editor of Journal “The Legal Culture”, Chief Research Scientist of the Research Department, Professor of Volga Institute (branch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Doctor of Legal Sciences, Honoured Scientist of RF
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Vyacheslav Vladimirovich Gur’ev
Chief Deputy Director of Volga Institute (branch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Economic Sciences, Docent
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Vasilij Vladislavovich Trofimov
Director of Research Institute of State- Legal researches, Derzhavin Tambov State University, Doctor of Legal Sciences, Docent
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Olga Ivanovna Tsybulevskaya
The Chair of the department of Theory of Law, Povolzhsky Institute of Management – the brunch of RANEPA (Russian Academy of National Research and Public Administration), Doctor of Legal Sciences, Professor, Honoured Worker of Higher Education of RF
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Tat’yana Vladimirovna Milusheva
The Chair of the Civil Law and Procedure department, Povolzhsky Institute of Management – the brunch of RANEPA (Russian Academy of National Research and Public Administration), Doctor of Legal Sciences, Docent
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Bigruzi Bukharinovich Sulejmanov
The Chair of the department of Theory of State and Law, North-Caucasian (Makhachkala) Institute (the brunch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Historical Sciences, Docent
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Valery Grigor’evich Baev
Director of Sciences of Law Institute of Tambov State Technical University, Doctor of Legal Sciences, Professor
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Aleksey Nikolaevich Marchenko
Associate Professor of the department of Civil Law and Procedure, Tambov State Technical University, Candidate of Legal Sciences, Docent
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Valentina Vladimirovna Elistratova
The Chair of the department of Humanitarian, Social-Economvic and Legal Disciplines, Volga Institute (branch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of legal sciences, Docent
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Alexandr Nikolaevich Zryachkin
Associate Professor of the department of Theory of State and Law, Saratov State Law Academy, Candidate of Legal Sciences, Docent
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Oksana Leonidovna Soldatkina
Senior Researcher, Saratov Branch of the Institute of State and Law of the Russian Academy of Sciences, Candidate of Legal Sciences
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Roman Sergeevich Markunin
Associate Professor of the department of Theory of State and Law, Saratov State Law Academy, Candidate of Legal Sciences, Docent
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Zulfiya Suleymanovna Bainiyazova
Associate Professor of the Department of Theory of State and Law, Faculty of Law, Saratov State National Research University named after N. G. Chernyshevsky, Candidate of Legal Sciences, Docent
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Irina Anatol’evna Kalinina
Associate Professor of the department of Civil Law and Procedure, Tambov State Technical University, Candidate of Legal Sciences
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