"The Legal Culture" № 2(21) 2015
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
Vojnikanis E. A. Role and Meaning of Legal Culture in Research of Law Paradigms
Elena Anatol'evna Vojnikanis
Associate Professor of the History of Foreign Philosophy Department of M. V. Lomonosov Moscow State University, The Head of the brunch of the Department of interactive with Governmental Entities OAO (Open Joint-stock Company) Rostelekom, Candidate of Philosophical Science
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Annotation: development of innovational economy implies reformation of legislation and foundation of new legal paradigms. Legal culture is treated as an important element of law paradigm. The author underlines meaning of analysis of legal culture for paradigmal approach of actual aspects of legal regulation research. Special attention is paid to the question of relation between legal culture and social culture in general. This relation is explained in historical development of the culture and it’s influence on the law in facilities of “lifeworld”. One more important point of the article is that it contains analysis of the use of paradigm concept of the “common legal culture” in the context of comparative jurisprudende.
Keywords: legal paradigm, legal culture, legal consciousness, legal, family, values, legal regulation, legal reform.
Myshkin A. A. Forming Informational Space in Russia as the Means of Citizens’ Legal Education and Legal Consciousness Development
Artem Aleksandrovich Myshkin
Postgraduate Student of the State and Law Department of the Tula branch of the Russian Law Academy of Justice of the Russian Federation
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Annotation: the author of the article describes the peculiarities of building and development of the informational space in Soviet Union and the Russian Federation. He covers the period from creation of nationwide automatic system to the working federal objective projects and programs at present. The article contains the review of main governmental programs and federal objective programs in the sphere of informatization in Russia. The author makes the analysis of the problems found out in the process of the realization of these programs and factors preventing their effectiveness and work in future.
Keywords: information, informatization, federal objective programs, informational space, informational and communicative technologies
Философия правовой культуры. Теория права. Теория государства
Pleshakov Alexandr Petrovich, Shapovalov Aleksej Aleksandrovich, Gradonyan Karapet Andranikovich Influence of Civil Society Legal Culture on the Development of Social and Legal Statehood and the System of the Russian Law
Alexandr Petrovich Pleshakov
Professor of the department of Theoretical and Practical Political Science, Saratov State Juridical Academy, Doctor of Sociological Science, Full Professor
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Aleksej Aleksandrovich Shapovalov
Associate Professor of the State and Law Theory and History Department, Plekhanov G.V. Saratov State Social and Economic Institute REU (Russian Economic University), Candidate of Juridical Science
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Karapet Andranikovich Gradonyan
Associete Professor of the State and Law Theory and History Department, Plekhanov G.V. Saratov State Social and Economic Institute REU (Russian Economic University), Candidate of Juridical Science
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Annotation: the article is dedicated to the influence of constitutional state and civil society on the functioning of the system of the Russian law. In nowadays conditions improvement, development, and stable functioning of the system of the Russian law is determined by the process of social legal state formation and building of civil society. Process of “hominization” of law takes place and successor legislation develops quickly. This causes growth and brunching of normative material. This fact confirms that institutions of social legal state and civil society directly influence on the development of the Russian law system making it more democratic, humane, and socially oriented. It helps to provide an individual liberty and guarantee human and civil rights and worthy life quality for all Russian citizens.
Keywords: civil society, social legal state, guarantees human and civil rights, social functions, public relations.
Torbin Ju. G. Formation and Development of the Theory of Tracks in Criminalistics and Criminal-Procedural Aspect: Historical Aspect
Jurij Grigorievich Torbin
Dean of the Faculty of Teaching scientific and pedagogical stuff of the highest category (postgraduate studies, doctoral studies) of the Russian Law Academy of Justice of the Russian Federation, Doctor of Juridical Science, Honored Lawyer of the Russian Federation
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Annotation: the paper contains brief review of history of formation and development of the theory of tracks in criminalistics and criminal-procedural aspect. The author underlines the meaning of the theory of tracks in investigation practical tasks and crime detection. The author’s conclusion contains judgment about practicability of using the term “track” in criminal procedure.
Keywords: investigation and detection of crimes, evidence, evaluation of evidence, fixation of evidence, methods of fixing vestigial traces of crime.
Bezrukov A. V. Legal Culture and Social and Law Meaning of the Legal Order (Constitutional and Law View)
Andrej Viktorovich Bezrukov
Doctoral Student of State and Law Department of MVD Administration Academy, Candidate of Juridical Science, Associate Professor
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Annotation: the author of the article analyzes main approaches of definition of social and law meaning of the legal order, its correlation with such neighboring categories as public order, social, state, international, and constitutional orders. The article contains constitutional and law essence of the legal order and shows role and meaning of the legal order in the legislation system, constitutional and law doctrine, and in practical use. The author underlines special role of legislative bodies in mechanism of building constitutional order. To the author’s opinion it gives qualitative determination of the level of legal culture of subjects of legal relations.
Keywords: The Constitution, law, legal culture, law and order, public order, rule of law, constitutional-legal doctrine and practice.
Legal Culture of the Law Enforcement
Savinov A. V. Legal Relationship, Arising in Circumstances, Excluding Criminality Within Criminally-Law Regulation
Andrej Vladimirovich Savinov
Director of Kaluga branch of Russian Law academy of Ministry of Justice of the Russian Federation, Candidate of Juridical Science, Associate Professor
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Annotation: the author describes peculiarities of public relations caused by infliction of the harm in circumstances excluding criminality. Among complex system of such kind of relations the author depicts relations which concern the fact of infliction of the harm and arise in circumstances excluding criminality. Such relations can be classified on relations of vertical and horizontal types according to peculiarities of their subjective structure. Besides the author describes public relations which have accompanying and contiguous character and gives the analysis of the place of all the listed public relations in mechanism of criminal-law regulation.
Keywords: legal relationship, circumstances excluding criminality, inflection of the harm, in mechanism of criminal-law regulation.
Bobrov A. M., Nazarec A. A. Intradepartmental Administrative and Legal Relations between Federal Ministries, Services, and Agencies as the Element of Legal Culture
Artem Mikhajlovich Bobrov
Chief of the Department of State and Law Subjects of the Perm Institute of the Federal Service for Execution of Punishment of the Russian Federation, Candidate in Juridical Science
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Anna Alekseevna Nazarec
Cadet of the Perm Institute of the Federal Service for Execution of Punishment of the Russian Federation
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Annotation: the article discusses peculiarities of administrative and legal relations as necessary element of legal culture, which is qualitative status of life of society. The author analyzes present legislation system of the Russian Federation and practical results of changing of its aspects concerning legal and other kinds of social relations between federal executive bodies.
Keywords: federal executive bodies, Ministry of Justice of the Russian Federation, the Federal Service for Execution of Punishment of the Russian Federation, Russian Federal Bailiff Service, internal controls.
Legal Culture: Human Rights, Rights of the People. International Cooperation
Maksimov A. A. Constitutional and Legal Support of Cultural Rights and Freedoms: Theory and Practice of Gender Equality
Aleksandr Aleksandrovich Maksimov
Dean of Additional Education Faculty, Associate Professor of State and Law Departments of the North (Petrozavodsk) Regional Branch of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Candidate of Juridical Science
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Annotation: Annotation: the paper is dedicated to the peculiarities of constitutional-legal and actual support of equality rights and freedoms of both men and women (gender equality) in the sphere of realization of such an element of personal legal status as cultural rights. System of cultural rights is structured and analyzed from the position of gender equality. All-Russian census serves as the base for the research. It was analyzed and the author concluded that the sphere of legal relations within cultural aspect is one of the neutral part of gender relations in the sphere of legal regulation of society life in Russia.
Keywords: cultural rights, right to education, creative and academic freedom, the right to participate in cultural life, equality, cultural rights, gender equality.
Rubanova M. E. Constitutional Right in the Cultural Sphere: Dynamics of Legal Regulation
Marina Evgen'evna Rubanova
Associate Professor of the Pedagogy, Psychology, and Law Department, Vavilov N. I. Saratov State Agrarian University, Candidate of Juridical Science
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Annotation: the author gives the analysis of dynamics of legal regulation in the cultural sphere relation; describes the peculiarity of lawmaking and regulation program in the light of system-forming status of the culture. Special attention is paid to the analysis of Frameworks of State Cultural Policy, set up in December 2014. The author finds out the specificity of such state programs as “Russian Culture within 2012-2018” and “Development of Culture and Tourism within 2013-2020”. The author formulates the conclusion about tendencies of the development of legislation in the cultural sphere and disadvantages of legal regulation in this sphere. The author gives reasons why the strategy of state cultural policy and the Federal Law “Concerning Culture in the Russian Federation” should be passed.
Keywords: constitutional rights and freedoms in the cultural sphere, state policy in the cultural sphere, legal regulation, state programs in the cultural sphere
Demidova-Petrova E. V. International Legal Regulation in the Sphere of Children Rights Defense as the Mean of Opposition to Juvenile Delinquency
Elizaveta Viktorovna Demidova-Petrova
Associate Professor of Criminology and Penal Law Department, Kazan Juridical Institute of Russian MIA, Candidate of Juridical Science
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Annotation: the article is dedicated to international law grounds in the sphere of juvenile rights. The author pays attention to the National strategy of action for children in the period of 2012–2017, approved by Presidential Decree of the 1st of June 2012th #761. This strategy contains characteristics of the real situation of children in Russia nowadays. The author underlines that problem of homeless children, separated children, social orphans (all of them are possible juvenile offenders) began especially actual in XXI century. The article contains a number of thesis served to improve the effectiveness of realization of national criminal policy towards juvenile offenders.
Keywords: juvenile, The UN Convention on the rights of the child, juvenile crime, crime prevention, child, family.
Shishkin S. S. Application of the Rules of Law, Which Regulate Representation of a Legal Entity in Criminal Court
Sergej Sergeevich Shishkin
Chair of the Criminal-Law Department of the Izhevsk Juridical Institute (Regional Branch) of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Candidate of Juridical Science
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Annotation: the paper describes reasons of representation of a legal entity in criminal court, which are contract of commission (contact of provision paid services), labor contract, and constituent documents. They use the term “representation” in Russian legislation quite often. But in general legislator defines the term “representation” as deal, made by a person (representative) by order or on behalf of other person (submitted), built upon power of attorney or an act of state agency or local government, which creates, changes, or ends civil rights and responsibilities (paragraph 182, Civil Code of the RF).
That is why the author underlines that to regulate issues of participation of legal entities in criminal courts, provisions of the Russian civil code must be considered.
Keywords: criminal court, representation, legal entity, representative, contract of commission, labor contract, constituent documents.
Legal Culture and Education
Dolgov V. V. Social-Economic and Legal Status of a University Lecturer: Concerning the Case History
Vadim Viktorovich Dolgov
Professor of the Humanitarian, Social-Economic, and Natural-Science Department of the Izhevsk Juridical Institute (the brunch) of Russian Law Academy of the Ministry of Justice of the Russian Federation, Doctor of History Science, Associate Professor
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Annotation: the article is dedicated to the history of study of social-economic and legal status of university lecturers in Russia nowadays. The author points out main stages and perspectives of the development of researches concerning lecturers’ status and legal characteristics. On the author’s opinion social status of the lecturers changed greatly. Main direction of the changes is reduction of their social status. The article contains combined results of social philosophers, sociologists, economists, and legislators’ researches.
Keywords: lecturer, social structure, law, economics of education, university.
The Tribune of the Young Scientist
Gusenko Nikita Sergeevich Legislative Control of the Process of Forming of Society Culture By Means of ICT (Information and Communication Technologies)
Nikita Sergeevich Gusenko
Postgraduate Student of the Civil Law Department of the Vitte S. Ju. Moscow University
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Annotation: the purpose of the article is to study the process of information and communication technologies extension since the beginning of the two-thousand years; to study legislative sources deal with regulation of extension of technologies in Russia. The author describes technologies as the main factor of spreading the information of cultural context and suggests recognizing technologies as priority element for state policy. The article contains the description of main strategies, concepts and programs approved by the Russian state within past few years. The author concludes that ICT is legislatively regulated method of rising the level of culture of the Russian society.
Keywords: cultural informatization, ethics, ICT (Information and Communication Technologies).
Grigor’ev R. D. Concerning Legal Awareness and Comprehension of the State in Doctrine of Law by Iljin I. A.
Roman Dmitrievich Grigor’ev
Postgraduate Student of the State and Law Theory and History Department of the Russian Law Academy of Justice of the Russian Federation
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Annotation: the article is dedicated to the problem of comprehension of state and law in aspect of their inextricable connection with legal awareness and formation of legal awareness through the doctrine of law by I.A. Iljin. The author analyzes views of Iljin on legal awareness, individual and state, citizens attitudes and comprehension of law, state, and society. The paper contains analysis of the problem of formation of legal awareness and its development as one of the main aspects, influencing life of the society and state; problems of understanding what is freedom, and the ways and forms of its expression and realization. The author describes issues of personal development of an individual and his formation as public and state unit; and the concept of good national legal awareness.
Keywords: legal awareness, state, law, family, upbringing, person, citizen, national legal awareness, society, morality, freedom, individ.
State and Society: Interaction Theory and Practice
Agafonova S. Sh., Abajdullina N. R. Arrest of Immovable Property: Order of Attachment and Release From
Svetlana Sharafutdinovna Agafonova
Director of the department of registration of arrests and providing of information about registered rights on immovable property in the Board of Russian State Register in Saratov Region
Nelli Rustamovna Abajdullina
Director of the department of legal groundwork for the Board of Russian State Register in Saratov Region
Provision of Legal Assistance for Free. Advices of Practicing Lawyer
Gorskaja E. Ju. Right To Be A Citizen In The Aspect Of Legal Culture Realization
Ekaterina Jur'evna Gorskaja
Main Specialist in the Zelenograd Brunch of Registry Office of the Board of Registry Office in Moscow