"The Legal Culture" № 1(14) 2013
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 Idealism as the Far Side of Legal Nihilism
Annotation: this article discusses issues related to the characteristic problems of legal idealism as a phenomenon, the opposite legal nihilism – the essence, the main features, characteristics, causes, destructive role in the development of society and its political and legal system, law, the validity of the whole.
Keywords: law, legal idealism, legal nihilism, mentality, law, legal awareness, political and legal culture, tradition, reform.
Pleshakov A. P. The Social State: Russian and Foreign Experience
Annotation: the article deals with the historical preconditions, peculiarities and tendencies of the social state formation in the world. Special attention is paid to the specificity and problems of Russia on the way to the social state in modern conditions.
Keywords: social state, legal state, social policy, civil society, human rights, social consent.
Lazareva E. V. Social State System in Russia: Current Status and Prospects
Annotation: the issues of modern social citizenship state in Russia are covered in the article. This article provides the analyses of growth’s perspectives in that direction.
Keywords: constitutional principles, social nationality, social policy, social security.
Belyavsky A. A., Morozov A. V., Rustikova G. S., Filatova L. V. Provision of Free Legal Aid on the Basis of the Portal Justice
Annotation: is considered the possibility to use the resources of the portal «Justice» to provide free legal assistance and legal education of the population.
Keywords: legal aid, the legal education of the population, the information society.
Philosophy of Legal Culture. The Theory is Right. State Theory
Fedorovа T. D. Moral and Personal Values and Legal Education in the Conditions of Modern Culture
Annotation: work is devoted to a problem of judgment of the moral bases of legal education in the conditions of post-nonclassical science and a post-modernist condition of culture. Problems of legal education of the Russian citizens in the conditions of the present have to consider and rely on achievements of modern legal methodology and legal anthropology.
Keywords: legal subjectivity, legal anthropology, legal education, legal values.
Repev A. G. Category «Legal Advantage»: to Statement of the Scientific Problem of Research
Annotation: work is devoted to category «legal advantage» consideration within statement of a scientific problem of research, attempt of drawing attention of community of jurists, scientists and practicians of law to this important and a topic of the day is made.
Keywords: legal advantage, regulation of the public relations, legal immunities, privileges, privileges.
Vestov F. A., Fast O. F. Lawful State as the Criterion of Modernization in Russia
Annotation: in this article the author studies the role of the lawful state in the definition of efficiency of the process of modernization in the Russian Federation. The significance and correlation of the state, society, progress, lawful and social base, lawful state as a criterion of modernization are also ascertained.
Keywords: lawful state, policy, modernization, law, state mechanism.
Grishin A. I. Language culture of criminal procedure
Annotation: in the article on the basis of generally accepted approaches to the language of the law is analyzed certain provisions of the Code. Attention is drawn to the fact that the language of the law is an indication of the legal culture in society. It is proposed a number of amendments to the text of legal rules governing the institution of proof in criminal proceedings.
Keywords: language of law, rule of law, the legal standard edition, criminal procedure, evidence.
Abezin D. A., Anisimov A. P. Restrictions and Prohibitions in Private and Public Law
Annotation: the increasing complexity of the legal regulation of social relations training-word appearance of a number of legal structures, identical in name, but not always the same in content. The paper analyzes the relationship of legal structures "ban", "restriction" and "limits" in civil and administrative law.
Keywords: restrictions, prohibitions, limits, subjective law, private law, public law, local government, civil service, the implementation of law, a legal relationship.
Philippov S. A. The Culture of the Contract
Annotation: this article explores some of the important aspects of the concept of culture contractual agents in economic and other activities. Discusses concepts such as culture, contract, freedom of contract, business culture etc.
Keywords: culture, the contract, the parties, court, economy, financial and economic activity.
Kazakov E. N. Once More on the Conception of Corruption
Annotation: in this article, we analyze the point of view of various authors on the definition of corruption. Explores the narrow and broad approaches to the concept of corruption. Based on the analysis author is formulated the concept of corruption as a social and legal phenomenon.
Keywords: corruption, corruption crime, socio-legal phenomenon, official, official capacity.
Legal Culture. Power. Policy
Shcherbakova L. G. The Legal Status of the Arbitration Manager in the Insolvency Law
Annotation: article is devoted to the legal status of the arbitration manager. Authors come to a conclusion that the only the realization of the persons, participating in the bankruptcy case, their rights, stipulated by the law on bankruptcy, and the holding of regular control measures would enable to curb the abuse of arbitration managers of their rights.
Keywords: arbitration manager, bankruptcy (insolvency), debtor, creditor.
Sergun E. P. Ratio Between the Notion of Type of Extremism and That of Form of Extremism
Annotation: in the article theoretical differentiation of phrases «type of extremism» and «form of extremism» is carried out, which quite often unreasonably identified in science of the Russian criminal law and criminology. Author's definitions of the specified concepts are supplemented with the short explanation of essence of such phenomena, as extremist ideology and extremism.
Keywords: extremist ideology, extremism, type of extremism, form of extremism, extremist activity, extremist crimes.
Kulapova T. Yu. Harmonization of National and International Interests in the Process of Legal Integration and Adaptation
Annotation: this article deals with the coordination and combination of national and international interests of different states in the process of communication and interaction in the current context of globalization and integration, including in the legal sphere.
Keywords: interest, national interests, international interests, globalization, integration, combination, communication, law, legal sphere.
Dubrovskaya I. M. The Staff Turnover in the Goverment Civil Service: The Advantages and Disadvantages
Annotation: the staff turnover necessity is justified by the article. In its process it's easier to reveal employee's habits and aptitudes, to find out opportunities of the most successful exploitation of employee's capabilities inside the structure of an organisation. The analysis of the advantages and disadvantages of this process, its generalization are given in the article
Keywords: state civil service, administrative reform, staff, staff rotation.
Legal Сulture of Right Creativity
Razgeldeev N. T., Maksimova E. A. Problems of Legal Regulation of Expert Activity in the Field of Environment Protection and Safe Vital Activity of the Population
Annotation: the article considers The legal nature, structure and factors of development of the legislation on the regulation of expert work in the area of environmental and safety livelihood of the population, analyses the diverse forms and types of existing expertise and explains the reasons for the ineffectiveness of expert opinions, proposes the development of the Federal law «On expertise and expert activity in the field of environment protection and safe living in the Russian Federation».
Keywords: expert activities, the state environmental expertise, non-state examination of the project documentation and results of engineering surveys, expert of legal relations in the sphere of environmental protection, the Federal law «On expertise and expert activity in the field of environment protection».
Seregin V. I., Popov I. P. The Criteria for the Distinction between the Notions of «The Encumbrance of the Use of Land» and «Restriction of Rights to Immovable Property»
Annotation: the article describes the methodology of distinction, often occurring in the civil and land law, of the notions of «encumbrances (restrictions) of the use of natural objects of the real estate»; «режимообразующие objects of immovable property»; «part of the ground areas with a special regime of use»» «restrictions (encumbrances) of rights to immovable property» and is offered to make changes in art. 131 of the RF civil code.
Keywords: restriction (encumbrance) of rights, part of the land, easements, territorial zone, режимообразующие objects, natural properties, criteria of differentiation.
Saenko L. V. Regulation of Family Relations in the Post-Soviet Space: Comparative Analysis of the Legal Status of the Family in the Current Legislation of Azerbaijan, Armenia, Russia and Ukraine
Annotation: in order to approach (unification) of the laws of the Commonwealth of Independent States is a growing need in the intensity of the integration processes of regulation of family relations on the right of the post-Soviet space. Based on the article of comparative analysis of the legal status of the family under the legislation of Azerbaijan, Armenia, Russia and Ukraine, the author provides recommendations for improving the legislation in the sphere of legal regulation of family relations through the development of model legislation, formulate proposals for amending the legislation of the Russian Federation.
Keywords: legal status, family, family relations, Azerbaijan, Armenia, Russia, Ukraine, the Commonwealth of Independent States, the Constitution, family law.
Umanskaya V. P. The Powers of the Federal Bodies of Executive Authority to Issue Legal Acts
Annotation: the article considers the powers of the federal bodies of executive authority to issue legal acts, methods of determination and direction of development. Analysis of legal practice shows the need improvement of law-making.
Keywords: legal acts, authority, law-making, the federal bodies of executive power.
Zinhenko E. A., Ismailov Sh. S. The Legal Basis of Standardization of Treatment of Hazardous Waste of Production and Consumption
Annotation: the article explains the norms of waste formation and limits of their placement, is given the classification of hazardous waste of production and consumption and the legal regime dealing with them, are given specially authorized state bodies of supervision, endowed with the functions of the rationing of treatment of hazardous waste.
Keywords: standards of waste generation and limits of waste disposal, hazardous waste of production and consumption, handling of hazardous waste.
Legal Culture of the Law Enforcement
Aznagulova G. M. Court, the Creator of the Law?
Annotation: the paper discusses a problem of the role and relevance of trial practices as a source of law. It is emphasized that the Russian Federation court ceased to be just a body to solve individual disputes. The court spreads its competencies onto the norm creation as well.
Keywords: the court system of Russia, a source of law, a trial precedent, division of powers.
Uvarova I. A. Genomic Registration – the Basis for the Investigation of Crimes
Annotation: in the article the concept of genomic information, the analysis of the rules of the federal law «On state genomic registration in the Russian Federation», discusses the purpose of the state registration of the genomic and its importance to the process of investigation of crimes.
Keywords: genomic information, genomic registration, DNK research, investigation of crimes.
Bogolyubsky S. S. Criminological Characteristic of Crimes, Made in the Sphere of Business Activity
Annotation: in article modern regularities of practice of fight against the crimes made in the sphere of business activity are considered. On the basis of criminal statistics, tendencies of reaction of law enforcement agencies on crimes of business-men are investigated. Indicators of number of the registered crimes and the persons revealed for their commission are analyzed. The social characteristic of the identity of the criminal is given.
Keywords: crimes of businessmen, decriminalization, criminological charac-teristic, portrait of the identity of the criminal, loudspeaker of crime.
Legal Culture: Human Rights, Rights of the People. International Cooperation
Fedyunin A. E., Bochkarev M. V. The Role and the Place of the Constitutional Rights of the Individual in the Protection of Personal Data of the Employee
Annotation: the article deals with the protection of personal data of the employee as they relate to the basic constitutional rights of the individual. The analysis of the legal and institutional aspects of reception, processing and protection of personal data of the employee as a person that has a set of inalienable rights enshrined in the Constitution of the Russian Federation.
Keywords: personal data, constitutional rights, individual, reception, processing and protection of personal data.
Berdnikova E. V., Solovych S. N. Public Control as a Form of Protection of Property Rights of Orphan Children and Children Without Parental Support
Annotation: article is devoted to consideration of public control in the sphere of protection of the rights of orphan children and children without parental support. Authors focus attention to high level of abuses within granting housing of this category of persons that causes need of strengthening of legal protection of their property rights. The conclusion about importance of increase of a social role and legal efficiency of the public control mechanism in this process is drawn.
Keywords: public control, orphan children, property rights, provision of housing, protection of the rights.
Bit-Shabo I. V. Russian Federation Constitution Role as a Source of State Off-budget Funds Legal Regulation Function in Population Legal Culture
Annotation: the article is devoted to Constitution role and meaning as a basic source of society and citizen legal culture formation. Constitution is considered by the author as a source of state off-budget funds legal regulation function, social and legal finance policy carrying. In the article there are conclusions about constitution influence pension, social, medical security and insurance systems.
Keywords: RF Constitution; Legal culture; state off-budget funds; social law; social state; financial bases; pension, medical and social insurance policy.
Tchervinskaya A. V. International Legislations and Treaties Ratified by the Russian Federation on the Nationality of Children
Annotation: currently, the increasing attention of the international community is paid to the importance of the issues of the citizenship of children. Many countries are going to compromise in the sphere of protection of the rights and freedoms of children and adolescents.
Russia is a party to a number of international agreements that regulate the issues of citizenship of children.
Keywords: citizenship of Children, Declaration of the Rights of the Child, adoptions, bilateral agreements (agreements) with other countries.
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