"The Legal Culture" № 3(22) 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
Akimova N. V. Russian Legal System and Islamic Law: Aspects of Correlation
Natalija Viktorovna Akimova
Associate Professor of the Criminal Law and Criminology Department of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Candidate of Juridical Science
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Annotation: the article is devoted to the issues of coexistence of Islamic and Orthodox communities in Russia nowadays. The author analyzes peculiarities of world outlook and legal awareness based on Islamic values and ruling in Muslim world as opposed to the popular majority’s view on the same things. The author describes cases of conflicts between Shariah laws and the Russian legislation and suggests some resolution options. On the author’s point of view, in general it is possible to use Shariah for regulating social relations according to the Russian legal system but only concerning norms which are not connected to religion but appropriated to juridical rules of behavior. At the same time it doesn’t seem to be possible nowadays because of a number of reasons the author identified in the article.
Keywords: Moslem Law, Islam, Shariah, religion, legislation, legal values, basic human rights and liberties.
Borsuchenko S. A. Right of a Convict in Freedom of Worship and Conscience
Svetlana Alekseevna Borsuchenko
Associate Professor of the Criminal Law and Criminology Department of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Candidate of Juridical Science
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Annotation: the author of the article analyzes legislation grounds of convicts’ rights in freedom of worship and conscience, and the Russian Federation legislation criminal-executive norms which determine main options of interaction between religious organizations and correction facilities. The author describes disadvantages of legal regulation system and suggests legal options increasing effectiveness of realization of the described right by the convicts.
Keywords: religious organizations, criminal-executive system, the convicts, law, social impact, educational work, public control.
Cherkasov K. V., Zakharevich D. A. Culture of Power Openness as the Mean of Perfection of State Administration in Modern Russia
Konstantin Valer'evich Cherkasov
Department Chair of Administrative, Financial and Informational Law of the Russian Academy of National Economy under the President of the Russian Federation (Nizhny Novgorod Administration Institute), Doctor of Juridical Science, Associate Professor
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Dmitrij Aleksandrovich Zakharevich
Faculty Member of Administrative, Financial and Informational Law of the Russian Academy of National Economy under the President of the Russian Federation (Nizhny Novgorod Administration Institute)
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Annotation: currently in Russia the work in underway on the creation of the system “Opened Government”. One of the tasks of the system is to form opened state administration ensuring more close interaction of the authority and society. The author of the article describes main factors hindering the development of opened state administration in Russia. Special attention is paid to the formation of openness culture. The author formulates options of formation of openness culture among civil servants and citizens.
Keywords: “opened government”, opened state administration, openness culture, state civil service, information and communication technologies in administration, corruption, vocational education.
Philosophy of Legal Culture. The Theory is Right. State Theory
Arsanukaevа M. S., Bittirova T. Sh. Attorneys at Law among Caucasians and their Role in the Development of North Caucasian People Legal Culture (the latter half of XIX – the early XX centuries)
Malikа Sultanovna Arsanukaevа
Professor of the Department of Business Law, Civil and Arbitration Process of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Doctor of Juridical Science, Candidate of Economic Sciences, Associate Professor
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Bittirova Tamara Shamshudinovna
Chief Research Scientist of the Kabardino-Balkarian Humanitarian Research Institute of RSA (Russian Science Academy), Doctor of Historical Science, Professor
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Annotation: the article is dedicated to the history of formation of class of attorneys at law among North Caucasian nation in the latter half of XIX and the early XX centuries. The lawyers, described in the article, have got very good education in the best universities in pre-revolution Russia and European countries, they knew Russian law and local legal customs, the Russian and the native languages well They understood troubles and expectations of populace. The author underlines that Caucasian lawyers worked as the attorneys of law using their knowledge and experience to protect rights of their fellows and to form qualitatively new legal awareness and culture among them.
Keywords: law, interest, lawyers, attorneys at law, Russia, North Caucasus, Caucasians, intelligentsia.
Skorobogatov A. V., Krasnov A. V. Legal Reality in Russia Through Post-Classical Paradigm
Andrej Valer'evich Skorobogatov
Professor of the State and Law Department of the Kazan Juridical Institute (brunch) of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Doctor of Historical Science, Associate Professor
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Aleksandr Valer'evich Krasnov
Associate Professor of the Law Theory and History of the Kazan Institute (brunch) of the Russian Academy of Justice, Candidate of Juridical Science, Associate Professor
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Annotation: the paper is dedicated to the research of legal reality in modern Russia. The authors demonstrate that Russian legal reality consists of 3 levels: law-making, law-enforcement, and legal behavior. Legal behavior is determining level of the legal reality, because it is oriented on compliance with non-enacted law. Legal reality in Russia is characterized by intersecting condition of modern society expressed through wide spread of non-legislative (lawless) practices, low level of the normative legal culture, legal nihilism, and legal infantilism.
Keywords: legal reality, legal experience, legal ideal, non-enacted law.
Fomichenko M. P. Constitutional and Legal Issues of Provision Henotic Mission of the Russian Nation
Mikhail Petrovich Fomichenko
Professor of the Constitutional and Municipal Law Department of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Doctor in Juridical Science
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Annotation: the article covers the question of increasing henotic role of the Russian nation. This problem is needed to be solved because otherwise no nation can feel nationally equipped in Russia. First of all it means ensuring unity of the Russian nation. National health of the Russian people must be recognized as a criterion of judgment of health of the Russian world in general. The situation can be described through international and Russian national context which contains political, social-economic, cultural, demographic, and migratory processes in the Russian Federation and beyond. In isolation from other aspects it is not possible to solve problems of the Russian nation. The author justifies concrete options.
Keywords: related to national development, the Russian nation, the Russians, the Slavs, population, the Russian language.
Chechin V. A. Dogmatic Grounds of Development of the Public Prosecutor’s Department in the Russian Federation
Vladimir Anatol'evich Chechin
Head of the 1st Department of Criminal and Judicial Administration of the Public Prosecutor’s Office in Saratov region, Senior Counselor of Justice
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Annotation: the author of the article analyzes constitutional settings of public prosecutor’s department development. Factors determining status meaning of the public prosecutor’s department in the system of state authority bodies are described. Caused by globalization material aspects of public prosecutor’s department functioning get the priority meaning. The article contains comparative analysis of the interaction between prosecutor’s department and the other government institutions. The author suggests concept of structuring and activity of prosecutor’s department in conditions of globalization in Russia. The author also justifies that it is necessary to form prosecutor’s department as separate system subject in state working mechanism. This conclusion is due to the necessity of enforcing of supervision effectiveness because of intersecting principle and external judicature.
Keywords: constitution, settings, doctrine, public prosecutor’s department, authority, intersecting, external judicature, state supervision and control.
Legal Сulture of Right Creativity
Saenko L. V. Legislative Control of the Family Rights of the Child in Post-Soviet Space: Cultural and Legal Traditions
Ljudmila Vladimirovna Saenko
Doctoral Student of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Candidate of Juridical Science, Associate Professor
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Annotation: attitude to the child, settled by rules of law, can be considered as the main index of cultural evolution of the society in general and the legal culture in particular. The author of the article describes fundamental rights of the child in family law in the CIS’s (Commonwealth of Independent States) countries. The article contains comparative analysis of Family Codes of CIS’s countries which is aimed to find out some features to underline formed national cultural and legal traditions. Based upon the research the author concludes that positive experience of the CIS’s countries in legal family regulation must be used in case of changing of the Russian family legislation concerning legal status of the child. Common progressive character of the norms of family legislation of CIS regulating rights of the minor children must be taken into account in the development of model Family Code of the CIS.
Keywords: family, family legal relationship, family rights of the child, Commonwealth of Independent States, family legislation, model Family Code.
Sergun E. P. Criminal Liability for Financing of Extremist Activity According to the Russian Criminal Law
Evgenij Petrovich Sergun
Leading Researcher of the Department of the Scientific Center for Corruption Control of the Volga Region (Saratov) Juridical Institute (the brunch) of the Russian Law Academy of Ministry of Justice of the Russian Federation, Candidate in Juridical Science
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Annotation: the article contains detailed criminal and legal characteristics of the components of crime stipulated by 282.3 paragraph of the Criminal Code of the Russian Federation “Financing Of Extremist Activity”. The author finds out scientific and practical aspects which exist in the process of classification of acts within described rule, which are: a) ambiguity of the crime attack object; b) possible lack of independent material sign (public danger) of the crime; c) irresistible conflict of criminal and legal rules; d) non-defined moment when financing of extremist activity was stopped; etc. The author justifies suggestion to exclude the described paragraph from the Russian criminal legal system.
Keywords: financing of extremist activity, financing of terrorism, extremism, crimes against the foundations of the constitutional system and state security, criminal legal policy.
Legal Culture of the Law Enforcement
Filippov S. A., Shherbakova L. G. Procedural Culture of Composing Legal Papers By Lawyers within Civil Proceedings
Sergej Aleksandrovich Filippov
Senior Faculty Member of the Civil and Family Law Department of the Saratov State Juridical Academy, Candidate of Juridical Science
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Lilija Gennadievna Shherbakova
Associate Professor of the Civil Law and Procedure Department of the Volga Region (Saratov) Juridical Institute (the brunch) of the Russian Law Academy of Ministry of Justice of the Russian, Candidate of Juridical Science
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Annotation: the article is dedicated to the question of improvement of the mechanism of composing legal papers by lawyers. The authors note that procedural documents composed by a lawyer in civil proceedings are of special meaning because the process of composing legal papers is the mean of realization of the right on qualified legal aid. Cultural aspect of legal papers consists of cultural language and writing style of facts and verdicts. Based upon analysis of working legislation the authors formulate requirements for procedural documents composed by lawyer.
Keywords: procedural culture, legal paper, lawyer, statement of claim, qualified legal aid, civil proceedings.
Role of the Normative Legal Regulation of Work-Rest Cycle and Safeguarding for the Employees of the Road Patrol Service of the State Inspectorate For Traffic Security of the Russian Ministry of Internal Affairs
Storozhenko Konstantin Olegovich
Associate Professor of the Enforcement Proceedings and Financial Subjects Department of the Tula brunch of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Candidate of Juridical Science
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Annotation: the author of the article describes actual questions of compliance with work-rest cycle of the employees of the Road Patrol Service of the State Inspectorate for Traffic Security of the Russian Ministry Of Internal Affairs as the necessary mean of providing their self safeguarding. On the author’s point of view factor of rational correlation between periods of work and rest when high productivity is correlated with high operability without signs of tiredness during long period is the main point of self safeguarding of the employees of the road patrol service of the state inspectorate for Traffic Security of The Russian Ministry Of Internal Affairs.
Keywords: police, the Road Patrol Service of the State Inspectorate for Traffic Security of the Russian Ministry Of Internal Affairs, work-rest cycle, sources of danger, transport.
Zyrjanov V. N. Some Problematic Issues of Conditional Sentencing of the Minors
Viktor Nikolaevich Zyrjanov
Head of the Rostov (Rostov-on-Don) Juridical Institute (brunch) of the Russian Law Academy of Ministry of Justice of the Russian Federation, Doctor of Juridical Science, Professor
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Annotation: the author of the article describes issues of conditional sentencing of the minors and suggests new reduction of the 89th paragraph of the Criminal Code of the Russian Federation, which regulates conditional sentencing of the minors. The author bases his opinion on the suggest to make requirements to conditional sentencing of the minors tougher and to impose it only in cases of the non-grave crimes committed for the first time or in cases of grave crimes with mitigating evidences, and in cases of high crime against person, against public security of state authority, not to impose conditional sentencing at all. As a conclusion the author suggests to make appropriate changes in the 73th paragraph of the Criminal Code of the Russian Federation and to apply these more hard requirements on the adult convicts too.
Keywords: minors, imposing of conditional sentencing, criminal law.
Legal Culture: Human Rights, Rights of the People. International Cooperation
Barsukova V. N. Legal Culture Within State Machine as Precondition of Human Honor and Dignity Respect
Veronika Nikolaevna Barsukova
Associate Professor of Civil Procedure Department of the Saratov State Academy, Candidate of Juridical Science
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Annotation: the article is dedicated to the research of the role of legal culture in the sphere of human honor and dignity respect in the context of state machine activity. During the research the author makes conclusion that legal culture of the both – state machine in general and its separate employees is one of the most important preconditions of respect of human honor and dignity. Each component of the legal culture (legality, legislation, legal awareness, behavior, etc.) is of special meaning in the process of realization of the principle of human dignity respect. To form state machine’s legal culture of the high level it is necessary to provide permanent educational process.
Keywords: honor, dignity, respect, legal culture, state machine, legal awareness, behavior, legality, legislation, law.
Dzhamalova B. B. Problematic Issues of the Thin Nations’ Right On Ethno-Cultural Schools
Bika Bagavdinovna Dzhamalova
Head of the Juridical College of North Caucasian brunch (Makhachkala) of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Candidate of Juridical Science
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Annotation: in conditions of modernization of education an actual question in Russia is how to create ethno-cultural schools for thin nations having no written language. It is aimed to form ethnic identity among the youth and to develop their national culture. The author of the article analyzes problems of providing rights on creating ethno-cultural school based on oral language and cultural values of each nation.
Keywords: nations having no written language, right on education, thin nation, ethno-cultural school, cultural autonomy, conditions of protection of right on education.
Legal Culture and Education
Beher V. V. Concerning Peculiarities of Financial Legal Regulation of the State Scientific Institutions Activity
Veronika Vissarionovna Beher
Associate Professor of the Public Law Department of the Saratov State Economic Institute (brunch) of the Plekhanov Russian Economic University, Candidate of Juridical Science
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Annotation: the paper is dedicated to the actual questions concerning academic science reform deal with the problem of the division of Federal Agency of Scientific Organizations’ and Russian Scientific Academy’s responsibility areas. It is caused by RSA’s (Russian Science Academy) institutions which are under Federal Agency of Scientific Organizations conduct. The author pays attention to reorganization of RSA, forming of Federal Agency of Scientific Institutions. The problem of the legal status of scientific institution is possessed in the article as well. The author concludes that the most complete organizational legal form of the described institutions is budgetary or breech institute characterized by special financing options.
Keywords: state scientific institutions, legal status, nonprofit organization, scientific institution, budgetary institution, autonomic institution.
The Tribune of the Young Scientist
Semenihina A. Ju. Staged Introduction of Administrative Courts in Russia
Anastasija Jur'evna Semenihina
Postgraduate Student of the Russian Law Academy of Justice of the Russian Federation the Administrative and Financial Law Department, Chief Judgeship Assistant in Solntsevskij district court in Moscow
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Annotation: the author of the article suggests complex staged reform of the administrative justice in Russia. The article contains the author’s suggestion to introduce administrative courts according to the results long-time period of conversion when regular courts were in charge with administrative proceedings to the period when separate sub-system of administrative courts were created. The author suggests exact options of legal and organizational character, demonstrates approximate time periods of each stage. Present problems and disadvantages in the sphere of citizens’ right on judicial defense causes necessity of the further improvement of the administrative legal frameworks in Russia and continuing judiciary reform. One of the perspective options of improving Russian legal system is formation of independent administrative courts.
Keywords: administrative judicature, administrative judicature reform, administrative courts, The Administrative Procedure Code of the Russian Federation.
Balashov S. M. Criminal Legal Evaluation of the Victims’ of Criminal Hypnosis State
Sergej Mihajlovich Balashov
Postgraduate Student of the Criminal Law and Criminology Department of the Russian Law Academy of Justice of the Russian Federation
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Annotation: the author of the article notes that symptoms of deep hypnotic sleep state (somnambulism) let us to conclude that victim of the hypnosis is not able to realize fact of crime attack, its consequences (the only connecting link between victim and the world is hypnotist) and to resist offender. These facts prove that victim is helpless in criminal legal sense. The author notes cases when hypnotist bears criminal responsibility with the reference to evaluative mark of helpless.
Keywords: helpless state, hypnosis, plenum, crime, somnambulism.
Voronova O. S. Issue of Origin of Victimhood of the Lawyers
Oksana Sergeevna Voronova
Postgraduate Student of the Criminal Law, Criminology and Criminal Procedure Department of The Russian Law Academy of Justice of the Russian Federation
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Annotation: the author of the article grounds the existence of victimhood of lawyers as a kind of criminological victimhood. The article contains the analysis of the sources of origin and development of lawyers’ victimhood in modern Russia in connection to formation of market system. The author describes problematic aspects of division of such notions like “victim” and “sufferer”, characterizes them, and works out criteria of the division; gives the analysis of legal nature of victimhood of the lawyers as separate kind of victimhood which is differ from legal category of individuals’ victimhood. The author also demonstrates characteristics of modern concept “victim – lawyer”.
Keywords: lawyer, victimhood, victim, economic criminality, illegal takeover, criminology.
Poddubnaja D. A. Peculiarities of the Legal Essence of Contract of Professional Responsibility Insurance and Contract of Business Risk Insurance
Dar'ja Aleksandrovna Poddubnaja
Postgraduate Student of the Civil and Family Law Department of the Saratov State Juridical Academy
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Annotation: during the process of evolution of professional legal relations insurance becomes necessary element of this process. Insurance companies suggest a lot of kinds of insurance but forces of these mechanisms and their use differ. Definition of the legal nature of each kind of contracts is necessary to define consumer’s legal safety and the legal culture of the relations. The article is aimed to analyze each kind of contracts and to compare the essence of legal relations they guarantee. This aim serves actuality of the present paper.
Keywords: contract of professional responsibility insurance, contract of insurance, guarantees of compensation for damage of business community, insurable risk, property insurance, professional responsibility, business risk, professional activity requirements.
State and Society: Interaction Theory and Practice
Valuation Activities in the Russian Federation: Issues and Perspectives of Evolution
Nadezhda Jur'evna Pjatajkina
Main Specialist and Expert of the Legal Groundwork of the Administration of Russian State Register in Saratov Region
Provision of Legal Assistance for Free. Advices of Practicing Lawyer
Abdulaev A. H. Problems of Law-enforcement of Queer Deals Standards According to the Sign of Unequal Counter Execution of Obligation
Abdurahman Halilovich Abdulaev
Insolvency Officer, Member of Self-Regulatory Organization of Arbitration Managers “EuroSib” Moscow
Reviews
Bazhanov S. V. Review: Combating Criminal Markets in Russia : monograph / P. V. Agapov, L. I. Aleksandrova, K. I. Amirbekov, etc.; under the editorship of V. V. Merkuriev. – M. : Prospect, 2015. – 312 p.
Stanislav Vasil’evich Bazhanov
Leading Researcher of the Problems of Procuracy Supervision and Strengthen the Rule of Law in Economic Sphere Department of the Research Institute of the General Procuracy of the Russian Federation Academy, Doctor in Juridical Science, professor, Senior Counselor of Justice, Academician of the Petrovsk Academy of Science and Art