Legal Culture and State Legal Life of Society
Malko A. V., Markunin R. S. (Saratov), Shumskih Y. L. Legal Culture and Mitigation of Legal Responsibility
Alexandr Vasil'evich Malko
Professor of the department of State and Law Disciplines, Volga Institute (the branch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Doctor of Legal Sciences, Professor, Honoured Science Worker of RF
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Roman Sergeevich Markunin
Associate Professor of State and Law's Theory department, Saratov State Law Academy, Candidate of Legal Sciences, Docent
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Yuliya L'vovna Shumskikh
Senior Lecturer of Jurisprudence department, Buzuluk Humanitarian and Technological Institute (the branch) of Orenburg State University
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Annotation. The relevance of the present paper is due to the authors’ investigation of decriminalizing processes in public relations and procedures of creating effective impetuses to form lawful conduct among citizens by means of increase their law awareness and legal culture. The subject of the research is represented by mechanism of correlation between legal culture and legal responsibility. The purpose of the research is to analyze peculiarities of the influence of the process of mitigation of legal responsibility on the level of legal culture in the society. During investigation the authors apply such methods of scientific cognition as dialectic, formal juridical, comparative legal ones and etc. In the end the authors conclude that measures to ease legal responsibility are often aimed to minimize criminal actions, to prevent potentially criminal behavior among subjects in different spheres of public and state life. This also serves the novelty of the research.
Keywords: legal culture, legal awareness, mitigation of legal responsibility, decriminalization, legal impetuses, legal promotions.
Trofimov V. V., Samorodov V. Y. Contra-Cultural Elements in Lawmaking as the Negative Aspect of Legal Life in the Modern Russian Society: the Issue of Indication and Minimization
Vasily Vladislavovich Trofimov
Director of the Scientific Institute of State and Legal Research, Professor of the Department of Theory and History of State and Law, Derzhavin Tambov State University, Doctor of Legal Sciences, Docent
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Vladimir Yur’evich Samorodov
Junior Researcher, Scientific Institute of State and Legal Research, Derzhavin Tambov State University
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Annotation. The relevance of the present research is determined by current phenomena in lawmaking of the modern Russia; the fact that these phenomena do not always correlate given standards and cultural criteria causes lawmaking mistakes and defects in law (viewed as the result of legislators’ activities). The subject of the research is represented by contra-cultural elements in lawmaking characterized as negative aspect of legal life of the Russian society. The work is aimed to make common theoretical investigation of the issue of contra-cultural elements in lawmaking. The authors conceptualize anti-cultural tendencies in lawmaking and describe them in the context of dialectical logics and theory of lawmaking culture in the capacity of antipode to cultural manifestations in lawmaking. The authors also identify the correlation between culture and anti- culture in lawmaking and legal life of the society. To achieve the purposes of the research the authors apply common and private legal methods. In the end they make conclusion concerning negative influence of contra-cultural manifestations on lawmaking results and the need of their minimization.
Keywords: law, culture, legal life, negative in legal life, lawmaking, dialectics, lawmaking culture, anti-culture, contra-cultural manifestations in lawmaking.
Lipinsky D. A. Makareiko N. V. Musatkina A. A. Relationships, Interactions and Contradictions between Social Values and Legal Responsibility (Part 1)
Dmitry Anatolievich Lipinsky
Professor of the Department of Theory and History of State and Law Togliatti State University Doctor of Law, Professor
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Nikolay Vladimirovich Makareiko
Professor of the Department of Administrative Law Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia Doctor of Law, Associate Professor
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Alexandra Anatolyevna Musatkina
Associate Professor of the Department of Constitutional and Administrative Law Togliatti State University Candidate of Legal Sciences, Associate Professor
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Annotation. The relevance of the study is predetermined by the deformations of values occurring in the individual and collective legal consciousness, ignorance by legislators and law enforcement officers of true social values, their substitution with political and economic expediency. The subject of the research is the social values formed by the legal doctrine and their real consolidation in the current legislation, as well as their embodiment in law enforcement practice. The research is based on axiological, dialectical and formal legal methods. The article analyzes numerous contradictions, interrelationships and interactions of social values with legal responsibility. Conclusions are made that the axiological characteristics of legal responsibility are in a logical relationship with the corresponding types of legal activity. They are laid down in the course of lawmaking, detailed at the stage of official interpretation and get their real embodiment in law enforcement. However, under certain circumstances, legal liability can have an anti-value effect.
Keywords: legal responsibility; social values; anti-values; legal awareness; consolidation of values; contradictions of values; contradictions in legal responsibility; determination of offenses.
Legal Culture and State-legal Policy of Modern Russia
Ishekov K. A., Nersesyan G. B. Constitutional Frameworks of Nationalization of Property as Direction of Developing Civil Legislation
Konstantin Anatol’evich Ishekov
Associate Professor of the department of Legal Frameworks of Management, Public Administration faculty, Lomonosov Moscow State University; Professor of Legal disciplines department in the brunch of Russian State University for the Humanities in Domodedovo, Doctor of Legal science, Docent
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Gayane Borisovna Nersesyan
Postgraduate Student of Legal disciplines department, Moscow Financial-Industrial Univesity «Synergy»
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Annotation. The authors of the present paper by means of prism of provisions of RF Constitution determine priority directions of developing civil-legal legislation deal with defining concept, frameworks and patterns of nationalization. The subject of the research is cross-sectoral institution of property nationalization, which the authors view in correlation with related legal institutions and juridical categories. The purpose of the study is to indicate perspective directions in developing constitutional and civil legislation, ruling the institution of property nationalization. The authors apply logical, systemic-structural and formal-juridical investigative methods. The article contains some new arguments concerning the need to pass federal law about nationalization in the Russian Federation; the authors determine conceptual frameworks for this draft bill.
Keywords: nationalization, property right, termination of ownership, foreign investments, Republic of Crimea, Sevastopol.
Terekhin V. A., Vershinin V. B. Judicial Activity and its Functions
Viktor Aleksandrovich Terekhin
Chair of the department of Justice, Penza State University, Candidate of Legal Science, Honoured lawyer of the Russian Federation
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Vadim Borisovich Vershinin
Associate Professor of the department of Justice, Penza State University, Candidate of Legal Sciences
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Annotation. The present paper is devoted to domestic court and its transform in conditions of current reform. In the years since transformation many works on this topic have been published but the interest was mostly focused on organizational and static component of judicial activity. Despite in the aspect of activity approach the court system in its dynamic state is characterized by lack of study. The relevance of the research is determined by the fact that theoretic aspect of court activities and its realization consist of many issues which have to be investigated. The subject of the research is represented by components of the theory and legal acts regulating trials. The purpose of the work is to analyze court activities in theoretical and legal context as the particular legal institution. Methodology includes the following general, common scientific and private scientific methods: formal-judical, comparative-legal, historical ones and method of activity analysis, etc. The authors give their own definition and essential features of the studied phenomenon. They also describe the notion and classify the functions of judicial activity. In the end the authors conclude that in the period of reforms the judicial system were enlarged by sufficient competence and changed in parameters of its functioning. But still there is the need to form the concept of judicial activity and the options to increase its effectiveness.
Keywords: court, judicial reform, judicial activity, functions of judicial activity, classification of functions, increase of the effectiveness.
Legal Culture and Human Rights
Filatova A. O. The Essence of Principle of Equal Rights as the Guarantee for Passive Election right in the Russian Federation
Anastasiya Olegovna Filatova
Associate Professor of the department of State and Law Disciplines, Kaluga Institute (the brunch) 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 research is served by the openness of the ways to treat and distinguish principles of equality and equal rights in complex passive election right. The subject of the article consists of legal rules guaranteeing the principle of equal rights foe passive election law. The author applies the following research methods: logical, comparative-legal, and formal-legal ones. The purpose of the work is to discover the essential features of the equality principle in passive election right and peculiarities of its exercising in Russia. The newness of the research is that the author is the first who distinguishes principles of equality and equal rights for candidates and indicates structural elements of equal rights. The content of the paper contains the definition of the principle of equal rights, identifying its sub-principles and their implementation. The author gives the arguments for difference between principles of equality and principles of equal rights; and makes the conclusion about the need for uniformity in law-enforcement.
Keywords: principle of equality, equal rights, passive election right, constitutional-legal responsibility, rights and responsibilities of candidates, legal culture, awareness of law among candidates.
Legal Culture of Right Creativity
Peretyatko N. M., Fedyunin A. E. Admissibility of Evidence in Domestic Criminal Proceedings: The Culture of Lawmaking
Nataliya Mikhaylovna Peretyatko
Associate Professor of Criminal Procedure department, Saratov State Law Academy, Candidate of Legal Sciences, Docent
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Anton Evgenievich Fedyunin
Professor of Criminal Procedure department, Saratov State Law Academy, Doctor of Legal Sciences, Docent
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Annotation. The urgency of lawmaking culture determines the degree of intensity of constitutional provisions on admissibility of evidence in current legislation and it increases year by year. This fact is due to the development of science and legislations. The authors pose that the subject of the research is the main sources of domestic criminal procedural law, ruling the issues of admissibility of evidence. The purpose of the research is to investigate legislative regulating points towards admissibility of evidence in criminal proceedings and to indicate its correlation with proclaimed principles and concepts relevant for particular historical period. The authors apply traditional and specific legal methods to identify inefficient legislator’s approach used to determine admissibility and inadmissibility of evidence. This approach is not related to the content of constitutional provisions on the priority of values defended by criminal procedure. The present work has practical value in the sphere of providing constitutional human rights and increasing the legal culture in described area.
Keywords: admissibility of evidence, criterion of inadmissibility, credibility of evidence, verification of evidence, legislative regulation of admissibility of evidence, lawmaking culture.
Legal Culture of Law Enforcement
Grigor’eva T. A., Shcherbakova L. G., Fomicheva R. V. Public and Legal Nature of the Bar’s Institution as the One Belongs to Civil Society in Modern Russia
Tamara Alexandrovna Grigor’eva
Professor of the Arbitration Procedure department, Saratov State Law Academy, Doctor of Legal Sciences, Professor
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Liliya Gennadievna Shcherbakova
Associate Professor of the Arbitration Procedure department, Saratov State Law Academy; Associate Professor of the Civil Law and Procedure department, Volga Institute (the brunch) of 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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Regina Vladimirovna Fomicheva
Associate Professor of the Arbitration Procedure department, Saratov State Law Academy, Candidate of Legal Sciences, Docent
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Annotation. The relevance of the present paper is served by the need to specify the position of the Bar institution in the system of civil and public institutions which deals with the complexity of the Bar legal status, some ambiguity in a number of legal provisions and wordings reflecting this status. The subject of the research is represented by the legislative rules and some scientific views related with public and legal nature of the Bar as the institution of civil society. The aim of the article is to provide legal analysis of the Bar as the public-legal institution. To achieve the aim the authors apply laws, formal- legal and historical-legal methods. The novelty of the research is due to the fact that the authors try to reflect on the possibility to rank the Bar as the civil society’s institution in the light of realization of public interests. The authors describe several aspects of civil and public function of the Bar in modern Russia.
Keywords: the Bar, legal status, advocate, civil society, public and legal functions.
Shishkin S. S. Representative of a Legal Entity and His Legal Culture as the Way to Providing Criminal-Procedural Rights
Sergey Sergeevich Shishkin
Associate Professor of the department of Civil and Arbitrary Procedure, Izhevsk Institute (the brunch) of the All- Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Legal Science, Docent
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Annotation. The author of the present paper claims that representation plays the significant role in providing rights and legal interests of legal entities. A representative provides legal aid helping to determine favorable circumstances for the clients. The relevance of the research is served by the fact that cases when legal entities are involved in criminal trials become more recent. The author underlines that usually participation of legal entities in criminal proceedings are due to economic crimes. It causes danger to legal entities. And the relevance of this issue is confirmed by statistical data of judicial and tax authorities. The subject of the research is represented by legal acts regulating the way legal entities participate in criminal procedure through their representatives. The purpose of the article is to analyze current legislation, statistics, scholars’ views and basing on the analyzed sources to work out proposals for improving current criminal-procedural legislation of Russia. The newness of the research lies in the need to regulate cross-sectoral institution of representation in criminal-procedural legislation of RF.
Keywords: criminal procedure, legal entity, representation, harm, victim, representative.
Legal Culture and Education
Brusenskaya L. A., Kulikova E. G. Katsarsky M. I. Verbal Manipulation as Lingual and Juridical Concept
Ludmila Alexandrovna Brusenskaya
Professor of the Russian Language and Standard of Speech department, Rostov State University of Economics (RINKh), Doctor in Philology, Professor
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Ella Germanovna Kulikova
Professor of the department of Humanitarian and Social-Economic Disciplines, Rostov Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy of the Ministry of Justice of Russia), Doctor in Philology, Professor
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Mikhail Il’ich Katsarsky
Associate Professor of Theory of Law and State department, RUDN University (Peoples’ Friendship University of Russia), Candidate of legal sciences, Docent
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Annotation. The relevance of the article is due to the lack of exploration of manipulative methods and the need to regulate them from the point of view of legal linguistics aimed to strengthen the legal culture. The authors claim that enumeration of manipulative methods by means of lingual juridical dictionary and analysis of contra-manipulative techniques contribute to legal evaluation of the phenomenon of verbal manipulation. The purpose of the research is to analyze manipulative devices. The subject of the research is represented by manipulative strategies and tactics of public communication. Scientific novelty is realized through the description of the phenomenon of verbal manipulation in the light of modern legal linguistics. The authors apply analytical-descriptive and communicative-pragmatic methods, and the method of content-analysis.
Keywords: legal linguistics, oral impact, phenomenon of verbal manipulation, lingual juridical dictionary.
Malko A. V. Legal Culture and a Unified Legal Space
Alexandr Vasil’evich Malko
Chief Editor of Journal “The Legal Culture”, Chief Research Scientist of the Research Department, Professor of Volga Institute (the 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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Zryachkin A. N. Nihilism and Idealism as the Pathological Features of Legal Culture in Modern Russia
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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Speeches
Vasilij Vladislavovich Trofimov
Director of Research Institute of State- Legal researches, Derzhavin Tambov State University, Doctor of Legal Sciences, Docent
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Tsybulevskaya O. I. Moral and legal culture: the issues of correlation
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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Milusheva T. V. To the issue of lawmaking culture: methodological aspect
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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Gur’ev V. V., Zatonsky V. A. Legal culture of the society and its legal life: their interrelationship and intersectionality
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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Viktor Aleksandrovich Zatonsky
Associate Professor of the department of Historical and Legal disciplines, Senior Scientist of Research department of Volga Institute (the brunch) of the All- Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Historical Science, Docent
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Markunin R. S. The part of legal culture in the system of legal responsibility among officials
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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Elistratova V. V. Improvement of national legal culture in countries participating in inter-state alliances as the factor of effective development of integration relationships
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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Sulejmanov B. B. Theoretical aspects of legal culture
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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Bajniyazova Z. S. Several issues of the development of the russian juridical system in current conditions: valuable aspect
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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Pronina E. N. Interpretative acts in modern Russia
Elena Nikolaevna Pronina
Associate Professor of the Civil Law and Procedure department, Volga Institute (the brunch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Legal Science, Docent
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Abaeva E. A. Presumption of knowledge of law in the system of forming legal culture of citizens when registering civil acts
Elena Anatol’evna Abaeva
Head of the department of Civil Registry Office of Oktyabrsky district of Saratov and the Office for Rule of Civil Registry Office of the Saratov region government, Associate Professor of the Constitutional and Municipal Law department of Saratov State University (National Research University) named after N.G. Chernyshevsky, Associate Professor of the Constitutional Law department by name of Isaak Efimovich Farber of Saratov State Law Academy, Candidate of Legal Science, Docent
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Soldatkina O. L. Digital legal culture in a trial
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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Shcherbakova L. G. Digital transform of civil proceedings
Liliya Gennadievna Shcherbakova
Associate Professor of the Arbitration Procedure department, Saratov State Law Academy; Associate Professor of the Civil Law and Procedure department, Volga Institute (the brunch) of 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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Panova J. A. Dosyukova T. V. About administrative prejudice in criminal law of the Russian Federation
Juliya Anatol’evna Panova
Associate Professor of the Criminal Law and Procedure department, Volga Institute (the brunch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Legal Science, Docent
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Tat’yana Viktorovna Dosyukova
Associate Professor of the Criminal Law and Procedure department, Vitte Moscow University, Candidate of Legal Science, Docent
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Krasyukov A. V. Some aspects of learning legal culture by means of different sociological methods
Andrey Valer’yanovich Krasyukov
Senior Scientist of Research department of Volga Institute (the brunch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Sociological Science
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Samorodov V. Y. Lawmaking culture in the system of legal and general social culture: theoetical methodological aspect
Vladimir Yur’evich Samorodov
Junior Scientist of the Research Institute of State-Legal researches, Derzhavin Tambov State University
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