"The Legal Culture" № 1(12) 2012
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
Matuzov N. I. Legal Nihilism as a Way of Life
Annotation: in article various of legal nihilism as way of life, national line of the Russian mentality are considered, is analyzed forms, types and the reasons of this phenomenon, a way of their overcoming.
Keywords: right, law, nihilism, legal nihilism, traditions, mentality, culture, sense of justice, way of life, education.
Zatonsky V. A. Legal culture – a necessary resource of modernization of the Russian statehood
Annotation: in article dependence of successful modernization of the Russian statehood on a condition of legal culture of the personality and society is considered. It is proved that the legal culture is one of the most important resources of modernization. Expediency of use of concept «modernization and legal culture» locates.
Keywords: legal culture, statehood, statehood modernization, society, personality, citizen, modernization policy, modernization and legal culture.
Philosophy of Legal Culture. The Theory is Right. State Theory
Reznikov E. V. The Ratio of Legal, Ethnicity and Religious Identity
Annotation: this article analyzes the peculiarities of ethnic and religious condition, such definitions as “legal identity”, which is a relatively new concept, worked out by science theory of law. The author shows one of the areas of research in this category.
Keywords: law, identity, legal identity, ethnic identity, religious identity, the subject of legal identity.
Sokovih U. U. The Concept and Essence of the Law
Annotation: acticle is devoted the analysis of the major legal theory problem of concept and essence of the law to the analisis of value for the decision of the given problem will and also the basis sing of the law.
Keywords: the law theory; concept of the law; will in thelaw; law signs.
Rassolov M. M. Theory of Law Relationship Problems
Annotation: the author opens the most significant problems of the theory of legal relationship, analyzes concept of legal relationship, their structure and elements.
Keywords: the state and law theory; legal relationship; structure of legal relationship; elements of legal relationship.
Umanskaya V. P. Legal Technology: Concept and Types
Annotation: the need for effective legal regulation and improving the quality of legal acts produces demand for new legal technology. The article considers the opportunity of use scientific achievements in the law making and of legal regulation activity.
Keywords: legal technology, legal technics, legal acts, legal acts expertise, the scientific projection, legal experiment, neurolinguistic technology, legal monitoring.
Vestov F. A., Zevako Yu. V. Civilian Control of the Police and Intelligence in a Legal State
Annotation: the article investigates the problem of formation of the rule of law in the multi-ethnic community. On the example of the Russian Federation are characterized by the principles and practices of national policies in the emerging rule of law. With regard to the objectives of the study revealed the contents of key terms and concepts associated with the implementation of national policies in a legal state.
Keywords: legal state, national policy, federalism.
Fedyunin A. E., Bochkarev M. V. Corporate and Legal Culture as a Phenomenon of the Psyche: the Legal and Organizational Aspects
Annotation: the article deals with the legal and corporate culture as a phenomenon of mentality. The analysis of legal and organizational aspects of employees’ behavior as individuals with the complex of congenital and acquired social and psychological qualities that define behavior and identity as the most important elements of company corporate culture has been conducted.
Keywords: legal culture, corporate culture, behavioral responses, psychic phenomena, personal data, privacy.
Dulich L. M. The Systematic Features of the Theoretical Model of a Legal State
Annotation: the author analyzes and outlines the basic stages of the understanding the systematic features of a legal state and its main values. The paper touches upon different approaches to the notion of “legal state” and the necessity of the urgent cooperation between the state and the civil community.
Keywords: legal state, distinctive features of a legal state, typical characteristics of a legal state, values of a legal state, civil state (community), human rights.
Aminov G. A., Magomedov G. B. Taxes Within the Main Features of the State
Annotation: the article deals with the problem of one of the main features of the state. State features considering in interaction advantages to develop completely both the meaning of the notion “state” and each feature separately, as well as tax feature. The approach originates the new notions in the Theory of state and law and objectively and thoroughly reflects the essential behaviour of the state.
Keywords: state, taxes, public authority, sovereignty, the system of law, population, territory, tax sovereignty.
Afonina N. O. Legal and Criminally-remedial Signs of a Blank
Наталья Олеговна АфонинаАспирант кафедры уголовного процесса Саратовской государственной юридической академии.
Annotation: the legal concept of a blank, concept of a blank in criminal procedure, legal and criminally-remedial signs of a blank are considered.
Keywords: a blank, a blank in the law, a blank in the legislation, legal signs of a blank, criminally-remedial signs of a blank.
Legal Сulture of Right Creativity
Anisimov A. P., Ryghenkov A. Ya. Legal Guaranteeing Problems of Country Areas Development
Annotation: this article aims, objects and content of country areas development and their legal guaranteeing problems are considered.
Keywords: area planning, architectural zonation, stable development of country areas.
Atabiyeva A. I. Foreign Experience of Legal Regulation of Relations in the Field of Social Security
Annotation: the paper studies the international experience in the social security area, developed for long time of social policy. Analyzes the basic characteristics of system of social security, carries out the comparative analysis of social policy, considers a current state of social system of foreign countries.
Keywords: social security; the european countries; the european social model; social insurance; pension system; national systems.
Legal Culture, Power, Policy
Puzikov R. V., Tolmachyova E. S. Legal Policy in the Field of Patriotism Increase as National Idea of Russia
Annotation: the national idea is an effective means for the implementation of legal policy. It is able to unite disparate interests and ensure the restoration of the Russian spirit, which for centuries was the basis for connecting nationalities and the formation of a strong holistic state.
Keywords: legal policy, public policy, national idea, patriotism, civilization.
Sergun E. P. Issues of Criminal Law Protection of Democracy in an Open Society
Евгений Петрович СергунДокторант кафедры уголовного права и криминологии Российской правовой академии Министерства юстиции Российской Федерации, кандидат юридических наук.
Annotation: the article deals with some scientific issues touching upon development and implementation of law enforcement machinery to regulate social relations in the field of protection of basic values and liberal democracy principles. In the process of criminal law counteracting the antidemocratic (extremist) ideologies in order to ensure security of constitutional system of the Russian Federation, inner paradoxes of democratic political system come to the surface and, consequently, crucial vulnerability of criminal law increases.
Keywords: extremism, security of constitutional system, protection of democratic rule-of-law state, criminal law policy, democratic dilemma.
Astanin V. V. The Unification of Anticorruption Combating Approaches on the European-Asian Legal Framework
Annotation: the article describes strategic directions of the unification of anticorruption approaches on the European-Asian legal framework in the context of the impact on the domestic legislation of this region states in accordance with international anticorruption liabilities.
Keywords: corruption, seizure of the proceeds from corruption, corporate responsibility, the European-Asian region.
Vlasenko I. B., Mamonov А. А., Seckachev L. I. The Role of Strategic Management of Innovation Processes in Russia’s Development in the 21st Century
Annotation: under modern world conditions the state development is defined by the full-scale strategy including all areas (spheres) of state and civil life. For defining and self identification of Russia’s development including on the international level it is required to establish such bodies in the Russian Federation Government structure which would coordinate directions of the state strategic development and provide its even realization. The main target for such bodies is providing a stability in the society, reaching of welfare of the community and modernization of the economic areas. Establishment of a Russian statehood “rod” would be the result of these targets. In nowadays emerging new structure of the Russian Federation Government such bodies should be as follows: Strategic development and innovations department, Committee of the state development of the Russian Government and Committees under the Russian Federation Government in the core sectors of Government work in the social and economic area.
Keywords: strategic management, innovations, state development, structure of the Russian Federation Government apparatus, Strategic development and innovations department, Committees under the Russian Federation Government, social and economic area.
Pastushenko E. N., Zemtsov A. S. Principles of Financial Activities Central Bank of Russian Federation: Questions of Legal Culture
Annotation: the article deals with topical issues of improving the legal culture in the area of monetary and credit relations with respect to the development of the principles of the financial activities of the Central Bank of the Russian Federation as a public power authority.
Keywords: financial activities, the Central Bank of the Russian Federation, legal culture, the monetary and credit relationships.
Legal Culture of the Law Enforcement
Babenko V. N. The Problems of Struggle Against the Drug Habit in the Ukraine
Annotation: the article deals with the problems of struggle against the drug habit in the contemporary Ukraine. The author describes the actions, taken by Ministry for Internal Affairs, other departments and organizations. He adduces strategic information showing the use of drugs by young people. He raises the problems, connected with the activities of international funds and employment of substitutional method of drug addicts’ treatment.
Keywords: The Ukraine; struggle against the drug habit; young people; international funds; substitutional method of drug addicts’ treatment.
Ershova M. M. Nature of the State Oversight of the Implementation of Transport in the Russian Federation
Annotation: the paper looks modern state of the transport industry, such as an activity of road transport on the territory of the Russian Federation and their supervision. Reveals the nature of government oversight of road transport, analyzes the issues of administrative and legal regulation of road transport and general legal and institutional guidelines.
Keywords: road transport; the transportation industry; the state control; supervision; is administrative and legal regulation; the market of transport services; legal relationship; legislative base.
Nabirushkina I. S. Enforcement of Customs Payments: Issues of Legal Culture
Annotation: the author of the article deals with the rote of legal culture in customs legal relationship, viz. in the enforcement of customs payment. Also, the article describes the problems caused by the low level of legal culture in this field.
Keywords: legal culture, legal nihilism, customs payments, enforcement, enforcement of customs payments.
Evdokimov A. S. Administrative Legal Methods of State Fire Supervision by Primary Measures of Fire Safety
Annotation: the author studies Administrative legal methods of the state fire supervision. The special attention is given to the classification of supervision methods by municipal government work in the fire safety sphere.
Keywords: state fire supervision, fire safety, municipal government, administrative legal methods, persuasion, compulsion.
Schmidt T. N. Emergency Situations as Basis of Introduction of State of Emergency
Annotation: in article emergency situations which lead to introduction of state of emergency are considered. Also solutions of questions connected with the prevention and elimination of consequences of emergency situations are offered.
Keywords: state of emergency, military emergency situations, biologosotsialny emergency situations, natural emergency situations, technogenic emergency situations.
Legal culture: Human Rights, Rights of the People
Bogorubova T. A. Rights of the Children: Modern International Legal Accesses
Annotation: in spite of the fact that in present time in Russia considerable amount of international legal acts devoted to rights of the children is ratified, state of matters in the area of rights of the children assertion is not so good. Thus and so it is necessary to improve legislative regulation in this area. In this article courses of legislation improving about rights of the children, as well as civil and family legislation are offered.
Keywords: rights of the children assertion, community legal conscience, migration, mixed marriages, family legislation.
Ufayeva O. E. Legal Culture as Element of the Social and Legal Mechanism of Realization of the Rights of Incapacitated Citizens
Annotation: the article contains analysis of existing approaches to definition of legal culture. The author considers a connection of legal culture with other elements of the socially-legal mechanism of realisation of the rights of incapacitated citizens: legal behaviour, sense of justice, positive responsibility. From a position of the complex approach the author formulates its own definition of this notion.
Keywords: legal culture, the socially-legal mechanism of realisation of the rights of incapacitated citizens, positive responsibility, legal behaviour, sense of justice.
Fomichenko M. P. The Interdependence of the Principles of the Human Rights to Self-determination and National (State) Sovereignty
Annotation: the article considers the issues of correlation of the principles of human right for self-determination and national sovereignty. Conclusions are made about the fact that between them there is a multi-dimensional interdependence, that the sovereignty of the modern Russia has its peculiarities that different groups of Russian people have their own specificity and forms of self-determination
Keywords: the national (state) sovereignty and self-determination of the people; the territorial integrity; territorial integrity; Subject of federal State.
Legal Culture and Education
Morozov A. V., Filatova L. V., Ostroushko A. V., Rustikova G. S. Interactive Resources Portal «Justice» in Implementing the Basics of State Policy of Legal Literacy and Legal Citizens of Consciousness
Annotation: the paper shows the possibility of the portal “Justice” to implement the tasks defined by the Principles of State Policy of the Russian Federation in the sphere of legal literacy and legal awareness of citizens, approved by the President of the Russian Federation 28.04.2011 № Pr-1168, to improve the legal culture and the development of models of social behavior, based on respect for the law, as well as to overcome the legal nihilism in society.
Keywords: development of legal literacy, legal awareness creation, online resources, distance learning.