"The Legal Culture" № 2(13) 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
Balandina N. V. State Policy in the Sphere of Legal Literacy and Legal Awareness of Citizens in the Russian Federation and Public Relations
Annotation: the article analyzes the key concepts: policy, legal awareness, legal literacy. Specify features of the Russian legal nihilism. Analyzes the objectives, content, form of the Bases of a state policy in the sphere of development of legal literacy and sense of justice of citizens in terms of their social conditioning and social content. Suggestions are made to correct some of its provisions.
Keywords: public policy, legal awareness, legal literacy, public relations, legal nihilism, the criminalization of social relations, the social content of the laws of social development.
Fastova M. A. Mediation as a Factor Influencing an the State of Legal Literacy and Legal Awareness of Citizens
Annotation: the issues connected with increase of efficiency of development of legal awareness and legal consciousness of the citizens in the recent time is given to the close attention of not only the scientific but also at the legislative level. An important place in this aspect takes the possibilities of effective application of the mediation procedure, since the use of the conciliation procedure does not only speak about the real completion of the legal conflict, i.e. its resolution, but also on the level of legal culture of citizens, the development of civil society.
Keywords: mediation, mediation, legal literacy, legal awareness, conflict.
Saenko L. V. The Role of the Family in Improving the Legal Culture: Issues of Legal Education
Annotation: the article is devoted to the questions of improving the legal culture in the implementation of basic state policy of Russian Federation in the sphere of legal literacy and legal awareness of citizens. The author pays special attention to the role of family in the skills of legal culture, offering the appropriate changes and additions to the basics of state policy.
Keywords: basis, family, legal relations, politics, state, law, education, legal consciousness, culture.
Philosophy of Legal Culture. The Theory is Right. State Theory
Pastushenko E. N., Zemtsov A. S. Banking Culture: Financial and Legal Theory and Practice
Annotation: the article deals with the improvement of the banking culture in the relationships of credit institutions and their clients, with the protection of rights of financial services consumers, and quality of implementation of public-law status of the Central Bank of the Russian Federation in the monetary and credit relations sphere.
Keywords: banking culture, credit institutions, Central Bank of the Russian Federation.
Ahmetova D. I. Tolerance and legal culture: some questions of a relation
Annotation: the author realizes the teoretiko-legal analysis of a relation of categories legal culture and tolerance, aspects of their interaction and dialectic correlation reveal, problems of ensuring legal culture in Russia are researched.
Keywords: legal culture, tolerance, civil society.
Petrunina I. B., Sakaev A. I. Types of punishment by Peter's I legislation
Annotation: the authors of the article systematically analyze the evolution of separate types of criminal punishments by Peter's I legislation, predetermining the traditions of the formation of system of criminal punishments in Russia.
Keywords: types of punishments, criminal rules of law, struggle against bribery, decrees, charters, punishment purposes, fines, types of death penalty.
Sakaev A. I. The Improvement of the System of Criminal Penalties in Russia (the Doctrinal View)
Annotation: the article is devoted to the doctrinal interpretation of the advisability of creating the criminal penalties system on the assumption of the analysis of the development of the Russian and foreign states legislations. Asked to consider basic principles of the drafting the system of criminal penalties during such process.
Keywords: the system of criminal penalties, types of criminal penalties, correlative degree, penal measures, construction principle, the development of criminal penalties, neglect.
On the Questions Arising at Placing of Subsidiary Liability on Owners of Property of State Enterprises
Annotation: the article reports about features of subsidiary liability of owners of property of the state enterprises. It considers the question of the subject of subsidiary liability and the mechanism of its realization according to not executed obligations of the state enterprises. The difficulties connected with placing of subsidiary liability on the founder owner of the state enterprise are analyzed.
Keywords: state enterprise; subsidiary liability; independent property liability; public and legal education.
Badykov L. F. The Development History of Administrative Suspension of Activity Institution in Russia
Annotation: article contain development history of administrative suspension of activity institution in Russia since the middle of 19th century till the beginning of 21st century. It discloses essence features of norm, law enforcement subjects, individuals exposed to this sanction. Highlights regulatory frameworks of different time periods.
Keywords: administrative suspension of activity; the October revolution of 1917th; history; measure; soviet period; independent type of penalty; sanction; legal entity.
Kuznetsova I. A. Theoretical Basic of the Distinction of Crimes in the Economic Activity and Other Economic Crimes According to the Crime’s Object
Annotation: the article is devoted to the problematic questions of the correlation and distinction of crimes in the economic activity and other economic crimes according to the object and subjectof crime. The author concluds that it is necessary to define crimes against the interests of service in commercial and other organizations into independent section of Particular part of the CC of RF.
Keywords: economic activity, the object of the crime, the subject of the crime, the Criminal Code of Russian Federation.
Zheleznikova A. A. Corporate Law and its specificity
Annotation: in the article we investigate the questions of the Corporate Law development as a specific independent branch of law. There are different points of view are being compared and the authors vision of the problem is given.
Keywords: law, Corporate Law, branch of law, corporate relations, legislation, subject and method of the legal regulation.
Ulybin V. A. To the question of the common joint property
Annotation: in the article the author analyzes the nature of the right of common joint ownership and makes the conclusion of obligations nature of the relationship.
Keywords: property right, common joint ownership, contractual relationship.
Piskunova O. V. Types of Functions of Legal Rules
Annotation: the article deals with theoretical questions of meaning and value classification of functions of legal rules. The author gives his own classification of the functions of legal rules, disclosing the specifics of each, based on the assumption of multi-functionality of the norms.
Keywords: legal rule, functions, classification.
Legal Culture. Power. Policy
Zryachkin A. N. Legal Nihilism as a Distinctive Feature of the Russian Bureaucracy
Annotation: this article discusses current issues of departmental legal nihilism, its destructive role in society, the characteristics and distinctive features.
Keywords: legal nihilism, departments, laws, justice, legal awareness, government officials, the bureaucracy.
Sergun E. P. Ratio Between the Notion of Religious Extremism and That of Religious Fundamentalism
Annotation: the article presents author's definition of such notions as religious extremism and religious fundamentalism. The author briefly describes essences of these religious and political phenomena and reveals indissoluble connection between the same. The author also raises the issue of legal counteraction to fundamentalist pursuits of «traditional» religious system.
Keywords: extremist ideology, religious extremism, religious fundamentalism, priest-ridden state, theocracy, extremist materials.
Babadzhanyan K. A. Three Models of Relations Between the Individual and the State
Annotation: the article focuses on three of the historically model relationship between the individual and the state. The author reveals the main features of each model, analyzes the current approach to the relationship between these entities.
Keywords: state and individual, the relationship model, a balance of interests, equal partners, mutual responsibility.
Merzlyakova A. S. Professional Association of Insurers as a Special Legal Form of Non-Profit Entity
Annotation: the article considers features of the legal form of a professional association of insurers as an organization which manages the system to guarantee compensation. Features of this status are public and social necessity of redress to victims of compulsory insurance of civil liability.
Keywords: professional association of insurers, compensation, special the legal form of a professional association of insurers (the Russian Association of Motor Insurers), system to guarantee payments, mandatory insurance of civil liability of vehicle owners.
Legal Сulture of Right Creativity
Artamonov A. N. Constitutional and Legal Regulation of Legislative Process in Subjects of the Russian Federation
Annotation: work is devoted to the analysis of constitutional and legal regulation of legislative process in the Russian regions in comparison to federal legislative process, statement of a question of possibility and the directions of improvement of parliamentary procedures.
Keywords: legislative process, regional parliament, regulations, Constitution of the Russian Federation, right creativity.
Malysheva E. I. Legal Foundation Health Organization in Russia: a Historical Aspect
Annotation: in this paper, using acts of the Russian Empire, discusses the organization of health care in Russia up to 1993 The author traces the dynamics of this institution, and draws attention to the possibility of continuity of the historical experience of management of the institution in creating an effective health system.
Keywords: health, medicine, order, activity, history.
Sedova G. I. Legal Issues of the Activities of Inquiry
Annotation: the article examines the legal status of head of the body of inquiry, given the current Criminal Procedure regulatory concept of «inquiry».
Keywords: inquiry, the investigative bodies, the chief body of inquiry, the legal status, gaps in legislation.
Zakharova E. A. Administrative Assistant Legal Basis of Judges
Annotation: in this paper, based on the analysis of procedural law examined the legal status of the assistant referee. In this connection, the conclusions about the need to rapidly determine the place of an assistant judge in the judicial system and consolidate at the legislative level of common rights and duties of associate judges.
Keywords: assistant referee, the referee, status, laws, authority, competence, control.
Legal Culture of the Law Enforcement
Aliev T. T. Deposit as Legal Instrument for Ensuring of Execution Civil Legal Obligation
Annotation: article is devoted the deposit as to one of means of maintenance of execution of contracts with consumer participation. Problems of use of the deposit in regulation of relations with participation of consumers are considered.
Keywords: deposit, agreement on a deposit, penalty, contract, sum of money, consumer.
Razgel'deev N. T., Elistratov K. A. Features Seizure of Land for Public Use for the Construction of Sports Facilities XXII Winter Olympics
Annotation: this article describes a simplified, compared to the present, the order of seizure of land and other real property of citizens and legal entities for the construction of sports facilities HH11 Winter Olympics in Sochi and the favorable conditions for damages caused to citizens and certain categories of legal entities.
Keywords: special conditions, a simplified procedure, the removal of land, sports facilities, XXII Winter Olympics, damages.
Anisimov A. P., Ryzhenkov A. J. Concept and Legal Problems of Maintenance of a Sustainable Development of Rural Territories of the Russian Federation
Annotation: in article are investigated the conceptual device of strategy of a sustainable development with reference to rural territories. Norms of various federal laws, and also positions of the Concept of a sustainable development of rural territories of the Russian Federation for the period till 2020 are analyzed. The attention to foreign experience of the decision of the given problem is paid.
Keywords: sustainable development; rural settlements; general layouts; local government; ability to live conditions.
Grishin A. I. Ethical Aspects of Access and Use of Investigative Information in Criminal Proceedings
Annotation: the article is devoted to the problems of the moral evaluation of restrictions of constitutional human rights and freedoms in criminal procedure and operational-search activities. Justified social utility operational-search information from secret sources. Discusses ways of using the operational-search information in criminal proceedings and the criteria for its moral permissibility.
Keywords: operational-search information, operatively-search activity, the investigative, morality, criminal proceedings, ethics.
Batalin V. V. Some Legal Aspects of the Non-Material Compensation of Moral Harm in the Rehabilitation of Suspected and Accused Persons in the Criminal Proceedings
Annotation: the author explores the various legal aspects of compensation of moral harm in the rehabilitation of suspected and accused persons in the criminal proceedings. Special attention is paid to the problems of the formal apologize to the acquitted persons, of analysis of features of the order and the features of reports about the rehabilitation in the mass media, and sending of messages about the decisions that justify the person at his place of work, school or place of residence in the rehabilitation of suspected and accused persons in the criminal proceedings.
Keywords: suspected, accused, rehabilitation, moral harm, the non-material compensation, acquitted person.
Storozhenko I. V. Amnesty as a Key Implementation Mechanism to Combat Illicit Enrichment in Russia
Annotation: the article describes the importance of the financial amnesty, and also analyses the experience of its implementation in Russia, points out the role of the financial amnesty in relating to the anticorruption policy. The author offers the mechanism of the amnesty and requirements for its content, possible public evaluations, takes note the positive impact of taking such measures on combating corruption.
Keywords: the amnesty, anticorruption state policy, combating corruption, illegal money had and received.
Solodkov I. A. Criminal Legal Criteria of Measurement the Public Danger of a Crime
Annotation: article is devoted research of various techniques of measurement of public danger of a crime. In particular, the following techniques are considered: measurement of public danger by expert assessments, through the sanction of the criminal rule of law, a technique in which criteria of measurement of public danger are its character and degree.
Keywords: public danger, measurement, expert assessment, sanction, character and degree.
Legal culture: Human Rights, Rights of the People. International Cooperation
Ufaeva O. E. Legal Rights Culture Disabled Citizens
Annotation: the actual problem of legal culture of the rights of incapacitated citizens is mentioned in the article. The interrelation of legal culture of human rights and respect of human rights is considered in it. The author formulates definitions of categories «legal culture of human rights», «legal culture of the rights of incapacitated citizens», «respect of human rights», offers some legislative measures promoting increase of level of legal culture of the rights of incapacitated citizens.
Keywords: legal culture of human rights, Legal culture of the rights of incapacitated citizens, Respect of human rights, Advantage of the person.
Bogorubova T. A. Constitutional Rights of Citizens: Problems of Gender Discrimination in Modern Labour Law
Annotation: the article is devoted to problems of gender discrimination in the workplace. Prohibition of discrimination in employment is aimed at ensuring that all citizens have an equal opportunity to exercise their abilities to work. The article proposes directions for the development of public policies and national regulatory framework in line with international legal standards and approaches in the field of equality.
Keywords: professional experience, gender discrimination, anti-discrimination legislation, the legal culture of gender equality.
Paukova Yu. V. Deportation of Foreign Citizens and Stateless Persons as a Measure of Administrative Enforcement
Annotation: in the Article basic grounds for deportation of foreign citizens and stateless persons are examined. Determined that deportation can be applied for a foreigner of stateless person either in case of his guilty or non-guilty. Concluded that deportation at the same time is a measure of administrative restraint and administrative remedial measure.
Keywords: foreign citizen, stateless person, apatrides, deportation, administrative enforcement
Kuzhasheva R. Sh. Theoretic and Practical Problems of the Civil Legal Activity of the International Organizations at the Present Stage
Annotation: the author has analysed the basis sources of regulating civil law relations involving international organizations. This study considers the following questions: the character of law regulating the above relations, their connection with international public and private law, the structure of legal complex consisting of international agreement rules, resolutions of international organizations and rules of municipal law.
Keywords: international organizations, civil law relations, legal regulation, international legal entity, international public and private law.
Sergun I. P. Cooperation of Russia and Vietnam: Possibilities of FTA’s Creation
Annotation: the article considers the prospects of Creation of FTA Russia – Vietnam for strengthening of economic cooperation between the countries. A special attention is paid to economic and political Vietnam’s place in South East Asia.
Keywords: Vietnam, Russia, South East Asia, ASEAN, free trade area, FTA.
Legal Culture and Education
Rossinskiy B. V. Some Problems of Improving the High Legal Education
Annotation: the article is devoted to problems of improving the high legal education to prepare bachelors and specialists, having dual competence, which are able to work in the sphere of technical regulation, standardization, certification, protection of intellectual property, etc. Extra attention of the article is join to preparation of the relevant Masters in Laws.
Keywords: higher legal education, education, bachelor, magister, lecturer, standard act, technical regulation, dual competence, non-core institutions of high education