"The Legal Culture" № 1(6) 2009
Philosophy of the Legal Culture. Philosophy of Right
Dosyukova T. V. Philosophical Method of Science of Criminal Law: Problem Definition
Annotation: in the article the author poses the issue of further scientific development and understanding of the philosophical method in the criminal law. This is one of the essential methods of scientific research.
Keywords: philosophical method; criminal law; methodology; research; ideological basis; dialectics; matter; consciousness; guilt; motive; purpose; criminality.
Legal Culture and Democratic Development of Society
Sinyukov V. N. Legal education and Legal Culture
Annotation: the article compares the various models of legal education; the author considers legal culture as the essential basis of legal education; he investigates various aspects of the interrelation of the legal culture with various spheres of social life; points out at the innovative role of legal education in the mechanism of reproduction of the legal culture.
Keywords: legal culture, legal education, juridism, legal consciousness.
Legal Culture and Human Rights
Legal Culture of the Law-Making
Gur’yanov R. V. The Theory of Cognitive Dissonance and The Legal Methodology of Russian Rule-Making in Approximation to The Computer Intellectual Property
Annotation: the article considers the issue of the consistency of statements that thwart one another: «my» – «common», «license» – «counterfeit», «official» – «counterfeit». In the author’s opinion, such an approach to behavioral analysis of the user of the computer software products and data support will promote solution of issues of the computer (information) criminality prevention, the stiffening of the rule-making, interpretation of law-making and it’s realization in the sphere of prevention of making and spread of the computer pirate goods.
Keywords: computer (information) intellectual property; cognitive dissonance; computer pirate goods.
Basetskiy I. I., Rodevich L. I. Development of Legislation of The Republic of Belarus about Participant of The Criminal Process
Annotation: the article investigates the history of development of the criminal processing legislation of the Republic of Belarus in the case of participants of the criminal process from the middle of 1920 till the recent time.
Keywords: criminal process; criminal processing; participants of the criminal process; criminal penalty; marks of penalty; purpose of punishment; application of tax to the minors.
Bytko S. Yu., Kurochka E. V. Issues of The Legal Culture in The Criminal Legislation of Russia
Annotation: the article considers an issue of the legislative formulation of the penalty rules in the Criminal Code of the Russian Federation. It elicits a content mismatch of the general penalty rule in the Criminal Code section № 43 and the rules that contain separate types of punishments.
Keywords: criminal penalty; marks of penalty; purpose of punishment; tax application to the minors.
Panova Yu. A. Competition and Conflicts of The Rules of The Criminal Legislation
Annotation: the article considers the concept and types of competition of the criminal legal rules, rules of qualification by the competition, the concept of conflict, the difference between the conflict and the competition, types of conflicts; it also adduces examples and possible types of rectification of this contraventions.
Keywords: competition; types of competition; general and special rule; rules of qualification; conflict; types of conflicts.
Legal Culture of the Law Enforcement Practice
Fayrstoun T. Consideration in The Trial Jury of Multi-Episodic Criminal Cases in Point of Several Defendants
Annotation: the article investigates legal and moral issues of considering of the multi-episodic cases in point of one or several defendants in terms of practice of the American courts, it proposes some recommendations how to improve Russian criminal procedure legislation in terms of the regulation of similar procedural relations.
Keywords: criminal procedure; law proceeding; members of the jury; defendant.
Egorov V. A. Information Culture in The Law Enforcement
Annotation: the article investigates the content of the concept of «information culture», the components, that contains information culture, its levels and criterions of its form, it also analyses the influence of the information culture on the law enforcement.
Keywords: information culture; law enforcement.
Yashin A. V. The Role of the Individual Legal Conscience in the Formation of the Mechanism of Post-Criminal Behavior
Annotation: the article investigates the issues of the post-criminal behavior in terms of interview of the convicts who serve their sentence in correction facilities. It is noticed that features of environment and the criminal personality have a very significant effect on the genesis of each element of its mechanism.
Keywords: legal conscience; convicts; mechanism of post-criminal behavior; criminal personality.
Scientific Messages
Kuznetsov A. G. Social and Cultural Dynamics (to 120th Anniversary of P.A. Sorokin)
Annotation: the message is dedicated to the social process concept that P.A. Sorokin has stated in his major work «Social and Cultural Dynamics». The author pays special attention to social fluctuations that have an effect on the values formation and mentality in the society.
Keywords: culture; social evolution; culture typology; mentality; fluctuation; value.
Rodina Yu. A. Liberty and Right
Annotation: the message is dedicated to analysis of the content of liberty phenomenon, the author makes its typology, states different approaches to understanding of liberty, and she also investigates different aspects of liberty and right.
Keywords: liberty; liberty phenomenon; personal liberty; social liberty; liberty and right.
Online Seminar «Legal Culture and Public Security: Legal, Philosophic and Social-Political Aspects»
Bytko S. Yu. Elements of Objective Imputation in Components of Crimes against the Public Security
Annotation: the message considers the elements of the objective imputation and concludes that it occurs in the Criminal Law. Under certain conditions it can conduce to the raising of effectiveness of the Russian criminal legislation.
Keywords: objective imputation; principle of guilt; criminal liability; public security.
Osina O. N. Teenage Narcotism as a Threat to National Security of the State
Annotation: the message is dedicated to the teenage narcomania that is one of the threats to nation security of Russia; it also discloses the content of the concepts of «narcomania» and «narcotism» and gives the relations between them.
Keywords: narcomania; narcotism; narcotic substance; drug dependence; national security.
Perepelkin G. E. Youth Extremism as a Treat to Public Security
Annotation: the message discloses the intention and causes of extremism that is one of the threats to nation security of Russia; it emphasize that it is necessary to step up an educational work with the young people in aid of formation of the adequate level of the legal consciousness.
Keywords: extremism; responsibility for the extremism; legal consciousness; legal education.