"The Legal Culture" № 2(15) 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
Bondarev A. S. Legal Culture as an Aim of Legal Self-Education
Annotation: the author describes legal self-education as an independent and purposeful sort of legal socialization and gives definition of objective and subjective features of legal socialization in society and describes its structure. The article contains the conclusion that the aim of legal self-education is the pattern of high level of legal culture only. The author reveals its organizing role in process of self-education.
Keywords: legal socialization, legal self-education, stages of legal self-education, legal culture as an aim.
Pavlenko E. M. Culture of Human Rights and Legal culture: Problem of Correlation
Annotation: the article is devoted to the analysis of the content and essence of the new law science category «Culture of Human Rights» and the features of its correlation with the legal culture as a phenomenon of social life.
Keywords: culture of Human Rights, Spiritual culture, Legal culture, Sense of justice, Human rights.
Gavrilova Yu. A. Sense of Law in the Common Cultural Context
Annotation: the article considers question of the sense of law in aspect of the poly-semantic features the notion of “law”. It can be recognized as a phenomenon of culture and a regulator of social relations and the particular object of study of legal science. The sense of the law is understood as a universal social and cultural mechanism of interconnection between subject and object in the legal sphere, as well as a concept which is a special mental construction characterized as a heuristic potential contained in the culture.
Keywords: sense of law, legal culture, concept of law, sources of law, legal text, meaning of legislation, legal values.
Философия правовой культуры. Теория права. Теория государства
Akhmetova D. I., Gradonjan K. A. Political System and Civil Society in Modern Russia
Annotation: the authors make legal analysis of cooperation of political system and civil society institutions in modern Russia and give foundation of mechanism of influence of political system on the development of civil society.
Keywords: civil society, political system, political culture.
Zinin A. M., Rossinskiy S. B. Special Features of Verbal Method of Cognition in Criminal Justice Process
Annotation: this article is devoted to the study of specific features of perception of evidential information by subjects of criminal procedure process. The author taking into account the achievements of modern philosophy, neuroscience and neurophysiology, examines patterns of receipt of investigator, judge cognitive percept and the formation of appropriate evidentiary gnosis, that is, mental images which reflect the circumstances to be established in a criminal case.
Keywords: сriminal procedural cognition, proving, perception, evidential percept, evidential gnosis, verbal way of procedural cognition, reflection of the evidential information, testimony, presentation for identification.
Nagikh S. I. Basic Assumptions of Circumscription Theory of Origin of State by R. L. Carneiro
Annotation: this article concerns one of the modern theories of origin of the state which is circumscription theory of R. Carneiro. The author discusses basic elements of this theory: circumscription of environment (social and ecological) and warfare.
Keywords: the circumscription theory of origin of state, traditional theories of state origins, the environmental factor, the role of warfare in state formation.
Berdnikova E. V., Rabeea A. I. Actual Problems of Formation and Development of Agencies of the Constitutional Control in the Republic of Iraq
Annotation: the article focuses on the features of formation and development of Constitutional Control Bodies in the Republic of Iraq. The authors analyzes aspects of current legislation which governs issues of organization and activity of the Federal Supreme Court of the Republic of Iraq and depicts the main problems and contradictions of its practical realization. The article contains conclusions on the role of this agency in development of legal system of the Republic of Iraq and advices on the improving lawmaking in this sphere.
Keywords: judicial system, constitutional control, Constitution, protection of the rights and freedoms of the person.
Legal Culture of the Law Enforcement
Shcherbakova L. G. Responsibility as a Part of Arbitration Manager Legal Culture
Annotation: the article gives a brief overview of types of responsibility under the law for arbitration managers; and describes in details civil kind of responsibility of arbitration managers. The author suggests options of how to remove difficulties from the process of recovery of damages from an arbitration manager.
Keywords: arbitration manager, bankruptcy (insolvency), responsibility, arbitration process, exaction of damages.
Shlyapnikova O. V., Dudkina E. I. Criminological Image of a Leader of Organized Criminal Group
Annotation: the authors use points of view on a leader's personality of different criminologists to describe mostly typical criminological features of a leader of organized criminal group, special features of personal characteristics of a modern type of a criminal group leader. They also depict transformation of its social and demographic, moral and psychological, criminal and legal characteristics.
Keywords: the leader, organizer, leader of a criminal group, transformation.
Reshetnikov V. Ya., Semenov V. V. Human Rights in the Aspect of Using Polygraph in Preliminary Investigation
Annotation: the article is devoted to the use of forensic-physiological examination through polygraph to get reliable and trustworthy information from the parties of the proceedings, witnesses, victims, suspects, etc. during preliminary investigation
Keywords: preliminary investigation; detecting and exposing the false testimony, forensic psycho-physiological examination; expert examiner, forensic investigative practice.
Legal Сulture of Right Creativity
Vulakh M. G. State Policy in the Sphere of Physical Culture and Sports in Foreign Countries and Russia: Historical Aspect
Annotation: the article gives organizational and legal characteristics of the approaches to recognizing state policy in the sphere of physical culture and sports in foreign countries and in Russia. The author examines foreign legislation and foreign literature and makes the conclusion that the majority of normative acts deal with correlations in this sphere have to be corrected.
Keywords: physical culture and sports, the state's interest in the sport, individualization, inclusiveness of foreign countries government, National Olympic Committee, the National Association of intercollegiate sports and amateur sports union.
Solovyh S. N. Legal Aspects of Major Overhaul of the Common Property in Apartment Houses
Annotation: the article is devoted to the peculiarities of the process of formation of the new institution of the Housing Law Russia, which is an institute of overhaul of the common property in apartment houses.
Keywords: property, accommodations, the total assets of an apartment building, repair, overhaul Fund, the regional program overhaul, a special account.
Magomedov G. B. Legal Framework of Departure from the Category of the Committed Crime
Annotation: the purpose of the article is to review the legislative innovation of giving to the court a right to use certain circumstances as the reason to recognize the committed crime on the one category lower than it has to be. The author notes that a departure from the category of the committed crime in many cases causes insoluble situations in terms of the law and enlarges the limit of judicial discretion to unlimited ranges.
Keywords: сrime, the category of crime, legislative framework, change of category, circumstances.
Legal Culture: Human Rights, Rights of the People. International Cooperation
Saenko L. V. On the Influence of Culture on the Legal Regulation of Family Relations
Annotation: the author depicts the imperfection of the investigation of the problem of influence of legal culture on the quality of legal regulation in modern juridical literature. Using family relationships as an example the author demonstrates that the absence of legal culture in the mechanism of legal regulation leads to negative result in legal regulation of family relationships. Also the article contains points which prove the need of modernization of family law, particularly the development of a common part of the Family Code of the Russian Federation.
Keywords: family, family relationships, legal culture, family law, legal regulation mechanism.
Borsuchenko S. A. Local Ombudsmen' Enforcement Powers in Assuring Rights of the Convicts
Annotation: the article is dedicated to analysis of norms of Russian legislation which regulate the activities of the local ombudsman concerning protection of human rights in the execution process (serving) punishment, its defects. The author examines the theoretical and organizational issues, as well as a form of control of the regional authority in the penal sphere, foreign practice.
Keywords: ombudsmen in Human Rights in the sub-federal units of Russian Federation, human rights, a form of control, prisoners, prison.
Gagarin Yu. V. Formation of Prison Stuff's Preparedness to Work with Convicts
Annotation: the article is devoted to the question of forming professionally high-graded items of Russian Federation criminally-executive system and legal culture of the convicts. The author suggests some options of solving of these problems and describes the results of practically oriented teaching system of additional professional education of the Federal Penal Correction Service of the Republic of Tatarstan.
Keywords: humanization of punishment, correction and education of convicted persons, Legal Culture of prison, educational process, additional professional education and psycho-pedagogical methods, preparedness to work with the convicted.
Правовая культура и образование
Razgeldeev N. T. Foundation of the Development of Educational Legal Relations in Russian Federation
Annotation: the focus of the article is on the legal culture of educational legal relations in Russian Federation. The author describes structure of educational system and its principles, purpose and objectives and analyzes inner and external factors of development of educational system and describes state guarantees in this sphere.
Keywords: educational legal relations, educational system, principles, purpose and objectives of educational legal relations, factors of development of educational system and describes state guarantees in this sphere.
Philippov S. A. Students' Legal Culture in Rendering Legal Assistance to the People
Annotation: the article is concerned with the current aspects of the students' work in free legal assistance to the people. The author pays attention to the fact that this kind of students' activity, especially in a context of juridical hospital, can lead them to improve their practical professional skills. And as well it helps people belonging to socially unprotected layers of society to solve social kind of problems they usually face with.
Keywords: culture, the contract, the parties, court, economy, financial and economic activity.
Трибуна молодых ученых
Rodina Yu. A. The Concept of the Sense of Justice in the Context of Spiritual Paradigm of Russian Philosophy
Annotation: the article discusses the concept of the sense of justice in the context of spiritual paradigm. Special attention is paid to the views of Russian thinkers, such as Ilyin I .A., Chicherin B. N., Novgorodtsev P. I. The authors shows the importance and relevance of data views in modern conditions.
Keywords: sense of justice, ethics, spirituality, freedom, conscience, Russian philosophy.
Romanenko N. V. Legal Culture of the authorities as an element of their status
Annotation: the article investigates the nature of the legal category of "representative government." The author highlights the inherent two functions – the functions of administration and representation of the function which makes this category of internally contradictory.
Keywords: the representative of the government, the representation function, legal culture, responsibility.
Yegorushkin I. N. Legal Culture and Anti-terrorism Safety of Transport Facilities
Annotation: the article is concerned with legal issues of the existing evaluation practices of terrorist threat towards transport objects and contradictions reveal legal regulation. It also contains recommendations to change the regulatory acts which govern establishment of levels of terrorist danger towards transport infrastructure objects; adaptation of the Russian laws to international standards.
Keywords: terrorism, transportation, security levels, legal regulation, legal culture, terrorism countering, transport security.
Vlasenko I. V. Object of Judicial Activity in Action Proceedings
Annotation: the article studies the object of judicial activity in action proceedings. The author analyzes the present scientific viewpoints, compares the concepts of «dispute about right», «regulative legal relationship», «conservative legal relation-ship» as a components of the object of judicial activity.
Keywords: civil process, judicial summons, form, essence.
Grishina M. A. Essence and Meaning of the Principle of Regularity of Elections in the Russian Federation
Annotation: the paper is dedicated to the analysis of constitutional legal base of the principle of regularity of election, it describes its meaning and essence. The author grounds necessity of recognizing this principle as one of main principles of voting right.
Keywords: elections, voting right, principles of voting right, people power.
Kalashnikova A. G. Transnational Corporations: What are they?
Annotation: the article describes the problem of doctrine and legal definition of the concept “Transnational corporation” (TNC). There is consideration of a terminology that used to signify TNC in Russian and foreign doctrines at the present time. The author analyzed main approaches of legal scholars to definition of TNC as well as some legislative attempts to define this phenomenon. The article discloses and proves the lack of legal definition of the term “TNC” that can be used in practice with certainty.
Keywords: transnational corporation, legal definition, international rules, international agreement, insolvency of transnational corporations.