"The Legal Culture" № 2(11) 2011
Bases of a State Policy in the Sphere of Development of Legal Literacy and Sense of Justice of Citizens: Theory and Practice of Legal Life
Bondarev A. S. Bases of a State Policy in the Sphere of Development of Legal Literacy and Sense of Justice of Citizens: Look of the Lawyer
Annotation: article contains the analysis of Bases of a state policy of development of legal literacy and sense of justice of citizens. Some contradictions, inconsistency of concepts of Bases are considered, it is pointed to absence in them the accurate mechanism of realization of the measures provided by them. The option of such mechanism is offered.
Keywords: competent opinion, Bases of a State Policy of the Russian Federation in the Sphere of Development of Legal Literacy and Sense of Justice of Russians.
Pleshakov A. P. Legal Consciousness and Formation of the Russian Social State
Annotation: modern approaches to the essence of the legal consciousness and his specificity in Russia are analyzed in the article. Special attention is paid to the role of legal consciousness in the creation of the Russia social state.
Keywords: legal consciousness, legal culture, law, social state, legal state, civil society, human rights.
Philosophy of Legal Culture. The Theory is Right. State Theory
Fedorova T. D. Humanism and Legal Values in Modern Culture
Annotation: liberally-democratic values act as a world outlook basis of modern sense of justice. Transformations of human rights into the system-organized legal college are expression of process humanizing public attitudes. This process has the features in conditions of the Russian society.
Keywords: legal globalization, human rights, the spiritual crisis of liberal-democratic values, discursive democracy have become the philosophy of humanism.
Lisyutkin A. B. Evolution of a Legal Language in the Conditions of Globalization
Annotation: in article it is a question of the terminological loans reflecting processes of influence of a globalism on the various parties of development of jurisprudence and practice.
Keywords: language, the term language character, professional legal terminology, language, semantics, kvazinorma, megoregulirovanie, complex legal and linguistic borrowing, adaptive role of rationalism, positivism, the content and form of law.
Markova-Murashova S. A. About Methodology of Comparison of the Legal Phenomens
Annotation: the article deals with the levels, approaches and methods of legal phenomena in comparative law, characterized by the content of each level of study. The author emphasizes the importance of legal culture in the modern comparative legal studies and the need for a comprehensive analysis of the study of legal phenomena.
Keywords: legal culture, legal systems, comparative law and harmonization of law, methodology, legal requirements, understanding the law.
Podgornaya Yu. A., Kuzmina E. M. Law Enforcement: Modern Approaches and Actual Problems of Methodology
Annotation: an attempt to reveal problems of law enforcement in the modern situation is made in the article. The author gives a definition of the enforcement and analyzes its indications. In the light of current trends the necessity to form methodology of law enforcement in order to increase its effectiveness is emphasized.
Keywords: law enforcement, law enforcement activity, methodology of law enforcement, types of legal regulation, law enforcement relations, entities of law enforcement, forms of law enforcement activity.
Vinogradov V. A. Russian Federation as Constitutional State
Annotation: article is devoted to the analysis of legal positions of the Constitutional Court of the Russian Federation in which the thesis that the Russian Federation is the constitutional state develops. The author gives examples of judgments, opening their real contents.
Keywords: constitutional state, legal positions of Constitutional Court of Russian Federation, constitutional characteristics.
Legal Culture and National Security
Biryukova Yu. N. Language Security and Language Policy in the Modern Russian Context
Annotation: the focus of article-linguistic communication security in today's Russian society. The need for security is the basic language and is conscious of the society and the State, is one of the foundations of the State language policy officially. Rationale for selection of linguistic security as an integral part of national security and the consolidation of this at the legislative level.
Keywords: language, national security, security, threats to linguistic language Russian literary language, language policy, language changes.
Uvarova I. A. Measures to Implement the Strategy of State Drug Policy
Annotation: the article deals with a system of measures implementing the priorities of the Strategy of state anti-drug policy of the Russian Federation until 2020. The analysis of the drug situation in Russia.
Keywords: strategy, the government anti-drug policy, drugs, a system of measures and means of implementation.
Bogorubova T. A., Pimenova E. N. Social-Legal Protection and Support of Families in Russia: Modern Problems and Ways of Their Decision
Annotation: steady processes of depopulation, inadequacy of the sizes of social benefits to market realities, absence of effective mechanisms of a free legal aid and insufficient development of remedial guarantees of the rights of families in modern Russia lead to negative consequences in sphere of realization of the state family policy. Some directions of perfection of the legislation on a family and social protection, and also the civil remedial legislation are offered in the article.
Keywords: family, social protection, grant, civil process, protection of the rights of citizens.
Legal Culture, Power, Policy
Petrov M. P. Value Functions of the Organization of Government in the Implementation of Systemic Reform of Executive Power
Annotation: this paper argues the conclusion that the organization's functions of government, is considered the place and importance of the functions of the state in implementing systemic reform of the executive branch. Need it for consideration in the conceptual apparatus of science and the embodiment of the basic parameters of the law Administrative reform is part of function, and whose value has grown substantially in the post-industrial society.
Keywords: administrative reform, public administration reform, reform of the executive.
Zyryanov V. N., Volkov A. A., Volkov S. A. Formation of Professional Law Consciousness of Bailiff
Annotation: formation of Professional law Consciousness of Bailiff is one of the means of the problems solution of improvement of situation of faith consolidation of Russian citizens in judicial authority, Its justice and legality, execution of judicial acts.
Keywords: bailiff, professional law consciousness, professional activity, vocational training, sense of legality.
Fomichenko M. P. Constituent Power: Concept, Versions
Annotation: the article considers the issues of constituent power, its concept and varieties.
Keywords: power, the institution, the constitution, the power, the installed power.
Sergun E. P. On the Issue of the Ration Between Extremism and Legal Nihilism
Annotation: the article discloses the author's well-reasoned disagreement with the established scientific standpoint, the latter regarding extremism as a form (display) of legal nihilism. The author proves that it is more logical to treat extremism as an antipode of democratic political culture.
Keywords: extremism, democracy, political culture, legal culture, legal nihilism.
Repev A. G. Legal Culture – the Integral Element Rights to Immunity of the Official of the State
Annotation: the author considers общеправовая a category «legal immunity» in interrelation with legal culture, internal communications and laws of the given scientific concepts are investigated, measures of optimization of investment are offered by the right to immunity of officials of the state.
Keywords: culture, legal culture, legal immunity, legal responsibility.
Legal Culture of the Law Enforcement
Zinchenko A. I., Zinchenko E. A. Some Aspects of Legal Culture of Judges are in Civil Procedure
Annotation: in this scientific article judges law culture in civil legal procedure on law enforcement example are considered. Proceeding terms of civil cases and possibility of judge discretion are reflected in it too.
Keywords: law culture, proceeding terms, reasonable decision, judge discretion, judicial reform.
Fedyunin A. E., Peretyatko N. M. Implementation of Principles of Justice in the Modern Criminal Procedure: Issues of Scientific and Technical Support
Annotation: the article deals with the problems of implementing basic principles of justice and their correlation with the issues of scientific and technical support of the modern criminal procedure in Russia. Philosophical, legal and practical issues of truth in a criminal case as a factor affecting the development of modern criminal procedure in terms of scientific and technical support are analyzed.
Keywords: principles of justice, scientific and technical support, criminal procedure, truth, technical means.
Rossinsky B. W. Procedural Form as Mechanism of Implementation of Constitutional Rules of Law
Annotation: article is devoted to influence of a procedural form on efficiency of realization of norms of a constitutional law of Russia. On an example of the analysis of other not procedural branches of the right, in particular, administrative law, need of gradual introduction of a procedural form in constitutional and legal institutes is proved.
Keywords: procedural form, legal activities, constitutional norm.
Kupriyanova N. A. Legal Culture in Bank Activity
Annotation: article is devoted pressing questions of education of sense of justice at employees of bank structures which depends from on the general, and from legal culture of workers of bank system which is formed by everyday comprehension of common cultural, economic and legal values. Criteria of the corporate culture focused on the client, and also features of professional legal culture of bank employees are opened.
Keywords: legal culture, bank activity.
Smirnikova J. L. Financially-legal Means of Maintenance of Interests of the Insured Persons – Subjects of Obligatory Pension Insurance
Annotation: in article financially-legal means of maintenance of interests of the insured persons to which are carried are considered: the requirements established concerning financial activity of nonstate pension funds; norms-interdictions and norms-restrictions in relations on investment of means of pension accumulation; financial control in sphere of formation and investment of means of pension accumulation.
Keywords: pension accumulation, financially-legal regulation.
Selenskiy P. A. Self-Regulating Business: Panacea or Loss of the State of Its Public Functions?
Annotation: in the article considers the problem of finding an optimal model for our country between the state and business, professional highly trained communities. The authors analyze some of the problems of legal regulation of self-regulatory organizations and suggest ways to address them.
Keywords: state, society, business, public function, self-regulatory organization.
Lapupina N. N. Some Questions of Kvalification Crimes Against Freedom
Annotation: in article is analyzed criminal law: legal, statistic crimes against freedom 1997–2011, problems of kvalification crimes against freedom.
Keywords: criminal law, knowledge, principles, statistics, freedom.
Guschin V. V. On the Item about the Law Nature of the Public Contract
Annotation: this article is aimed to explore the most difficult places of the theory of public contracts. According to the author’s point of view the key problems of the discussion about the place of public contract in the law system could be solved only within using the most important achievements of the Contract law’s theory. Regarding of the obligation from the public contract as civil-law obligation can’t be an argument against the statement that it’s descending from the system of jural facts, including not only the civil-law elements, but the public-law ones too.
Keywords: public contracts, public procurement, public and private law.
Bikkinin I. A., Bikkinin E. I., Zyryanov V. N. The Basic Directions of Perfection of the Working out of Programs of a Migratory Policy at Regional Level as Means of Preventive Maintenance of a Narcotism
Annotation: in article problems of perfection of a migratory policy at regional level are considered. Spent by authors with support of Russian Foundation for Humanities research has shown dependence of indicators of results of preventive maintenance narcotism from productivity of the migratory programs developed at regional level. The circle of actions which can be included in the general program of struggle against criminality with a view of counteraction of illegal migration or in the special program on struggle against the specified phenomenon is defined.
Keywords: the migratory policy, preventive maintenance, the regional program, illegal migration, the narcotism, the narcotraffic.
Legal Culture and Human Rights
Mordovets A. S. Care and Respect as the Form of Display of Legal Culture of Human Rights
Annotation: in article the concept «legal culture of human rights» reveals, its definition is made, dialectic communication of categories «legal culture of human rights», «respect» and «care» is analyzed.
Keywords: culture, legal culture, legal culture of human rights, respect, care, general welfare, the social state, social development.
Grachev A. A. Respect as Principle of the Organization and Activity of Office of Public Prosecutor
Annotation: in article the mechanism of formation of a principle of respect as principle of the organization and activity of Office of Public Prosecutor is considered. Objective factors and social conditionality of its legislative fastening come to light. On the basis of the dialectic approach the given principle is formulated as objectively caused historically developing initial beginning of morally-ethical property serving by supervising position under the relation to all legal norms.
Keywords: principle of the organization and activity of Office of Public Prosecutor, A principle of respect, Principles of law, Professional legal culture, Respect of the rights of the person, Bases of activity of Office of Public Prosecutor.
Legal Culture and Education
Matuzov N. I. Saratov School of Theorists of the State and Right
Annotation: in the article traces the process of becoming a school of theorists Saratov State and Law, its contribution to the development of the Patriotic-governmental legal science and practice.
Keywords: scientific school, the theory of state and law, scientists, professor, rector, faculty, publications, studies, monographs, dissertation.
Vasilyeva O. S. Some Aspects of Written and Oral Speech Culture of the Lawyer
Annotation: the definition of written and oral speech culture of the lawyer is considered in this scientific article. Language and speech take special place in professional lawyer activity. Forming and rendering legal norms the lawyer must possess language norms. There are many terms, speech clishes and stamps in the legal language. Speech clishes and stamps application is one of the features of legal language. The lawyer should always improve his speech culture level.
Keywords: speech culture of the lawyer, written and oral speech, legal language, language norms, speech clishes and stamps, speech culture level.
Michel D. E. Mediatsiya as Way of Increase of Legal Culture
Annotation: this article focuses on one of the ways to increase the resolution of legal disputes of culture and as a consequence, the method of improving the legal culture of society as a whole – mediation, the definition of its legal nature, characteristics, features of the procedure.
Keywords: mediation, alternative dispute resolution, legal culture, civil society, the legal conflict, methods of alternative dispute resolution, mediation.