Legal Culture and State Legal Life of Society
Ivannikov I. A. Concept Of Legal Culture: Theoretical Novels
Ivan Andreevich Ivannikov
Dean of the Faculty of Law, Sochi Institute (the brunch) of Peoples’ Friendship University of Russia, Doctor of Legal Science, Doctor of Political Science, Professor
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Annotation. The relevance of the research is determined by the role of the legal culture in the life of society and the need to provide conceptual analysis of this phenomenon. The paper is subjected at the concept of legal culture with a glance to modern realities. The purpose of the work is to indicate the nature of legal culture and its conceptual essence from the point of view of value-based and action-related approach. The author applies such investigation methods as analytical, hermeneutic and structural ones. The author considers the category of “legal culture” as the most capacious term in jurisprudence; that’s why the author believes that legal culture of an individual depends on how well he knows and applies law and on his behavior in accordance to legal rules in conditions of fairer legislation. To the author’s opinion the necessary factor of optimal state form, legal system and legal state is the high level of legal culture.
Keywords: legal culture, concept of legal culture, structure of legal culture, legal values, legal education.
Lipinsky D. A. Makarejko N. V. Musatkina A. A. Interconnections, Interactions and Contradictions between Public Values and Legal Responsibility (Part II)
Dmitry Anatol’evich Lipinsky
Professor of the Theory and History of State and Law department, Tolyatti State University, Doctor of Legal science, Professor
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Nokolaj Vladimirovich Makarejko
Professor of Administrative Law department, Nizhny Novgorod Academy of Internal Affairs of the Russian Federation, Doctor of Legal science, Docent
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Aleksandra Anatol’evna Musatkina
Associate Professor of the Constitutional and Administrative Law department, Tolyatti State University, Candidate of Legal science, Docent
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Legal Culture and State-legal Policy of Modern Russia
Skorobogatov A. V., Skorobogatova A. I., Yusupov A. A. Legal Competence within the Structure of Legal Culture
Andrey Valer'evich Skorobogatov
Professor of the department of Theory of State and Law and Public-Legal disciplines, Kazan Innovative University named after V.G. Timiryasov (IEML), Doctor of Historical Science, Docent
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Anna Il'darovna Skorobogatova
Head of the Department of Pedagogical Psychology and Pedagogics, Kazan Innovative University named after V.G. Timiryasov (IEML), Candidate of Pedagogical Science, Docent
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Aidar Askarovich Yusupov
Head of Department of Civil and Arbitration Process, Kazan Institute (the branch) of the All- Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Juridical Sciences, Docent
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Annotation. The relevance of the present paper is caused by enhancing horizontal factor of the development of legal culture and increasing value of legal competence. The subject of the research consists of doctrinal and legal provisions which determine content and meaning of legal competence. The article is aimed to provide cross-disciplinary analysis of the nature, content and position of legal competence within the structure of legal culture. Methodological basement of the research is build upon communicative paradigm. The authors believe that the results of this scientific investigation can be viewed as the following conclusion: legal competence is the complexity of legal knowledges, value-moral attitudes, skills, communicative abilities and personal characteristics needed for effective functioning of an individual in legal reality. The newness of the work is related to systematic view on the notion of competence reflecting mental and behavioral aspects of nature, development and functioning of legal culture in modern world.
Keywords: legal competence, legal culture, legal awareness, legal behavior, legal communication, legal value, legal identity.
Bezrukov A. V., Matantsev D. A. Legal Order as the Juridical Category: Concept and Functionality
Andrey Viktorovich Bezrukov
Chief Scientist of the Research Center, Academy of Management of the Ministry of Internal Affairs of Russia, Doctor of Legal Science, Docent
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Dmitry Alexandrovich Matantsev
Associate Professor of the department of State and Law disciplines, Academy of Management of the Ministry of Internal Affairs of Russia, Candidate of Legal Sciences, Docent
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Annotation. Increasing complexity and polarization of social relations, non-linearity and unpredictability of public development are typical for the conditions of modern social reality. The category of legal order symbolizes stability and legal clarity and works as antithesis to legal chaos. These facts cause the need to study the noticed category and serve the relevance of the research. The subjects of the research is represented by legal order viewed as the category reflecting state and degree of legal regulation in the field of public relations and its purpose. The present research is aimed to describe the essence of the category of legal order and to determine its functionality in conceptual structure of legal doctrine. The methodological basis of the study, along with traditional general scientific and specific scientific methods of cognition (analysis, synthesis, abstraction, formal legal method), consists off such methodological techniques as post-non-classical science (legal constructivism, sociocultural approach to the study of law, etc.). The authors come to conclusion about the need to distinguish two levels (sides) of legal order, ideal one and real one, each has its own functionality.
Keywords: legal order, legality, legal constructivism, ideal level of legal order.
Legal Culture of Right Creativity
Arkhipova E. J. Dialectic between Legal Technique and Lawmaking Culture
Ekaterina Jur’evna Arkhipova
Associate Professor of the Theory of State and Law department, Saratov State Law Academy, Candidate of Legal science
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Annotation. The relevance of the present research is served by the need to study legal technique in connection with the lawmaking culture viewed as the objective regularity. Its neglect causes such negative consequences as the gaps in law form. The subject of the research is the dialectic between legal technique and lawmaking culture. The purpose is to describe regularities in correlation between studied phenomena. Methodological base consists of dialectical, general scientific, comparative-legal methods and logical options of analysis and synthesis. These options allowed the author to indicate current condition of the domestic normative basement, to enumerate the problems of applying legal techniques in lawmaking and to clarify regularities in dialectic between them. Scientific novelty is realized through the following author’s statement: the ability to apply tools of legal technique is the result of cultural development of state and society. In the end the author conclude that skillful application of legal technique’s tools formates qualitative system of legal acts; this fact affirms the high level of lawmaking culture which leads to high level of legal culture of the society.
Keywords: juridical culture, legal culture, lawmaking, lawmaking culture, legal act, dialectic.
Legal Culture of Law Enforcement
Malko A. V., Afanas’ev S. F., Bryantseva O. V., Soldatkina O. L. E-Justice in Asia
Alexandr Vasil’evich Malko
Professor of the department of State and Legal disciplines, Volga Institute (the branch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia) in Saratov, Doctor of Law, Professor, Honored Worker of Science of the Russian Federation
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Sergey Fedorovich Afanas’ev
Chair of the Arbitration Process department, Saratov State Law Academy, Doctor of Law, Professor
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Olga Vladimirovna Bryantseva
Professor of the Informational Law and Digital Technologies department, Saratov State Law Academy, Candidate of Physical-Mathematical sciences, Docent
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Oksana Leonidovna Soldatkina
Associate Professor of the Informational Law and Digital Technologies department, Saratov State Law Academy, Candidate of Legal sciences
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Annotation. The fact that e-justice have been developing almost in all countries with a glance to national peculiarities serves the relevance of comparative researches in this field. The subject of the paper is represented by information systems of digital justice in Asian countries. The purpose of the research is to analyze the application options for the access to court data in Asian countries (Singapore, China). The authors use general scientific (analysis and synthesis) and comparative juridical methods. As the result the authors conclude that e-justice works effectively and provides availability of judicial system for citizens. The article contains the list of well-turned constructions recommended for application in Russia.
Keywords: digitalization, computerization, digital justice, e-justice, informational technologies, court data, e-case, comparative analysis, Singapore, China.
Gradonian K. A., Akhmetova D. I. Digitalization of Civil Society and Legal Culture: New Challenges and Risks
Karapet Andranikovich Grandonian
Director of Social-Economic Institute (the brunch) of Yuri Gagarin State Technical University of Saratov, Docent
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Dinara Ildarovna Akhmetova
Chair of the department of Historical and Legal disciplines, 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 sciences, Docent
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Annotation. The relevance of the article is based on the need to provide incremental research of challenges and risks of digitalization of the civil society. The subject of the research is represented by the aspects of interaction between civil society and state by means of digital tools. The purpose of the work is to prove the existence of controversial capacity of digitalization in civil society and to argue its impact on deformation of legal awareness. To achieve the noticed aim the authors apply dialectical, instrumental, functional and systematic approaches. The novelty of the research involves indication of parameters of negative aspects of digitalization of relationships between the state and civil society. The authors make the following conclusions: 1) in current conditions digitalization cannot be clearly characterized; 2) on the one hand, digitalization simplifies many forms of correlation between state and society; on the other hand, this fact doesn’t exclude its destructive progressive influence on state and civil society; 3) there is the strong need to continue law-enforcement and lawmaking activities aimed at development of legal impediments towards destructive implementation of digital technologies in public life.
Keywords: digitalization, civil society, extremism, terrorism, destructive ideologies, electronic tools.
Bogomolova K. I. Kasaev I. K. Likhodaev E. G. Armed Attack on Educational Establishments: Historical Aspect and Determination
Kseniya Igorevna Bogomolova
Associate Professor of the department of Criminal Law and Procedure, Volga Institute (the 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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Il’yas Khamzatovich Kasaev
Associate Professor of the Criminal Law department of training and research complex for preliminary investigation in the Internal Affairs bodies, Volgograd Academy of the Ministry of Internal Affairs of Russia, Candidate of Legal sciences, Docent
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Evgeny Gennad’evich Likhodaev
Associate Professor of the department of Prosecutor’s Supervision and Criminology, Saratov State Law Academy, Candidate of Legal sciences
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Annotation. Basing on statistical analysis of legislation and judicialpractice in the Russian Federation the authors of the present paper describe the issues related to juvenile delinquency. To the authors’ opinion poor legislation basis, gaps in preventive activities of state and public organizations and undervaluation of this kind of offenses caused increasing number of the juveniles’ armed attacks on educational establishments. These factors serve the relevance of the research. The authors believe that there is the need to work our preventive measures. The subject of the investigation is determinants of heavy and extremely serious crimes committed by the teenagers in cases of attack on educational establishments. The purpose of the research is to indicate the general reasons for the commission of the minors’ armed attacks on students and teachers. The study is aimed to develop measures to prevent such crimes. To achieve the goal the authors apply general scientific methods as well as formal juridical one and the option of legal pattering. The material novelty of this work is that the authors formulate specific measures to prevent school shooting, including by means of improving the level of the legal culture. As a result, the authors state that the main determinants of the criminal behavior of school shooters were that almost each of them in his statements and manifestos before committing a crime communicated with his Internet audience, where he expressed hatred of people, a desire to take revenge and commit suicide, because became a victim of bullying or previously had a conflict with a teacher. During the research the authors come to conclusion that there is the need to create the following measures to prevent the juveniles’ armed attacks: to strengthen the security of educational establishments, to control networks, to pay attention to children (from both, parents and teachers), to offer more ways to spend time (sport, cultural education, clubs, etc.)
Keywords: juvenile delinquency, legal culture in Internet, school-shooting, destructive communities, culture of communication in Internet.
Kameneva Z. V. Legal Nature of Lifetime Consent to Removal of Human Biomaterial, Organs and Tissues
Zoryana Viktorovna Kameneva
Associate Professor of the Civil and Business Law department, 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 text contains various views of the Russian legal scientists on the legal nature of lifetime consent to the removal of human biomaterial, organs and tissues. The thing is current legislation, law-enforcement practice and doctrine still have no common opinion towards legal nature of lifetime consent to removal human biological materials; it serves the relevance of the research. The author proves the possibility to consider human biological materials (organs and tissues) as the civil rights objects. Therefore the author suggests to define human biological objects as the separate unique objects of material world originated from human body and characterized by significant immaterial economic value. To determine legal nature of human biomaterial the author classifies the organs and tissues according to different legal regimes.The subject of the research is expressed in complex of problems related to indicating legal nature of lifetime consent to removal human biological materials. The author pursues the following goals: to substantiate that there is principal possibility to join human biological materials (organs and tissues) to the human rights entities, to describe their essential features, to determine their position in the system of civil rights objects, to work out practical recommendations on elimination of contradictions and gaps in this field of civil legislation. The author applies common scientific (dialectical, system-structural, logical) and private scientific (formal juridical, cross-sectoral) methods of study. The scientific novelty is that the author describes the issues related to the possibility to disseminate ownership on the human body and analyses the possibility to consider human biological materials as the things and the objects of alienation deals. The author comes to the following conclusions: the consent to removal of human biomaterials, organs (their parts) and tissues is willed legitimate action aimed at non-material consequences. Consent to organ donation can be inserted to the list of civil legal juridical factors as the enactment aimed at limitation of an individual’s private non-material wealth (such as health and personal integrity) in favor and in the interests of other person(s) (it can be a certain recipient or undetermined range of potential recipients). The consent to organ donation can be also treated as the special kind of deal aimed at civil legal non-material consequences by means of limitation of the rights of one person (donor) and defending private non-material rights of the other person (recipient).
Keywords: human biological material, human organs and tissues, deal, juridical fact, property right, civil rights entities.
Legal Сulture and International Cooperation
Khizhnyak V. S. Implementation of the Principles the Russian Federation Applies for International Collaboration in the Context of Globalization and the RF’s External Legal Policy
Veronika Sergeevna Khizhnyak
Senior Researcher of State and Law Institute of RAN (Russian Academy of Science), Doctor of Legal Sciences
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Annotation. Globalization causes the increasing value of international collaboration for states and serves the realization of their external legal policy, national interests, and involvement in delivering international interests. The relevance of the present research is caused by the need to work out appropriate external legal policy in field of international cooperation for the Russian Federation. The novelty of the research is formulation of the international collaboration principles aimed to exercise external legal policy. The subject of the research is represented by principles the Russia is guided by in international collaboration in conditions of globalization. The purpose of the work is to indicate and formulate the principles of Russian’s international collaboration policy in conditions of globalization. The author applies methods of analysis, synthesis, deduction, systematic and formal juridical ones. As the result the author identifies and formulate principles of international collaboration serving the realization of the Russian external legal policy and its priorities and aims. The results can be applied for improving the concept of external policy of the Russian Federation.
Keywords: globalization, international law, international legal policy, external policy, Constitution, the United Nations Charter.
Legal Culture and Education
Fedorchenko A. A. Culture of Scientific-Legal Researches: Issues of Applying Specific Sociological Methods of Scientific Study in Dissertations on the Jurisprudence
Aleksej Alexandrovich Fedorchenko
Associate Professor of the department of Theory, History of State and Law and Philosophy, the All-Russian State University of Justice (RLA (Rrussian Law Academy) of the Ministry of Justice of Russia), Candidate of Legal science, Docent
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Annotation. The present paper highlights particular issues of applying sociological methods to dissertations in Russian jurisprudence. The relevance of the topic is served by the fact that most researchers demonstrate commitment to methodology of scientific investigation and observe the use of specific sociological methods of cognition but neglect some important components of scientific research. The use of one or another methodology mostly determines the culture of the research and plays the significant role in enlarging knowledge database and justifying patterns of the particular phenomena. The article is aimed to help postgraduate and doctoral students in their researches. The author applies philosophical, formal-dogmatic and sociological methodology and argument, exemplifies dissertations which claims the formal approach of the researchers to the process of scientific investigation characterized by its own logic, stages and procedure. The author believes that all these factors prove the established practice and tendencies of scientific study in the field of jurisprudence; on the author’s point of view it causes the difficulties in distinguishing the real scientific discoveries from scientific spam.
Keywords: Russian jurisprudence, specific sociological methods, law, patterns, dissertations.
Osipova I. N., Timerbulatova N. E. Perspectives of the Development of Jurisprudence in the Context of Anti-Corruption Policy in Russia
Irina Nikolaevna Osipova
Associate Professor of the department of State and Municipal Administration, Povolzhsky Institute of Management named after P.A. Stolypin (the branch) of RANEPA (Russian Presidential Academy of National Economy and Public Administration), Candidate of Historical science, Docent
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Nailya Eduardovna Timerbulatova
Head of Research department, Volga Region Institute (the branch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Associate Professor of the department of Humanitarian, Socio-Economic and Legal Disciplines, Candidate of Sociological science
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Annotation. The relevance of the determined issue is served by the need to review methodological sources of sectoral legal sciences in frameworks of anti-corruption area. The purpose of the research is to investigate current tendencies of the development of legal science in the context of anti-corruption policy in Russia. The authors apply comparative legal method of studying legal phenomena and processes. The novelty of the research is related to determination of perspectives in the development of sectoral legal sciences in the context of anti-corruption activities, and the effectiveness of using their potential in shaping legal culture of governmental officials. The authors believe that there is the need to coordinate and interconnect the affords of representatives of different sectors of law in frameworks of building the methodology of anti-corruption research. Such approach involves setting joint scientific aims of fundamental and applied nature. The results of the present paper can be adapted in the field of improving anti-corruption legislation.
Keywords: anti-corruption policy, anti-corruption activities, legal culture, law-enforcement, lawmaking, legal rules, sector of law, offense, legal responsibility, legal presumptions.
Tribune of Young Scientist
Gadisov S. R. How the Globalization Processes Influence Legal Culture of the Russian Society
Seymur Ramazanovich Gadisov
Associate Professor of the Civil Law and Procedure department, Povolzhsky Institute of Management named after P. A. Stolypin, Candidate of Legal sciences
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Annotation. The relevance of the present research is due to the fact that globalization transforms prevailing world order, and changes politicians, public figures and scientists’ views on public relations, both, on ideological and methodological levels. The subject of the investigation is represented by the conversions in the Russian legal culture going on nowadays. The methodology is based on such general scientific cognitive methods as systemic functional, specific scientific and formal legal ones. The newness component is that the author indicates positive and negative results of the globalization and their impact on the Russian legal culture. The author also notices that Russian power and society are aimed at providing an appropriate balance between the background of world juridical doctrine and domestic state legal traditions in development of law theory and lawmaking activity as well as in legal practice.
Keywords: globalization, legal culture, Russian society.