"The Legal Culture" № 4(23) 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
Bekhterev S. L., Bogdanova E. P. The Legal Culture of the Middle Ages and the Problem of Formation of Judicial Executive Authorities in the States of the KamaVyatka Interfluve (VII – first half of XVI century) "THE ARTICLE IS WITHDRAW" 18.09.2019
Sergey Lvovich Bekhterev
Professor of the Department of state and legal disciplines of the Izhevsk Institute (branch) of the All-Russian State University of Justice, Doctor of historical sciences
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Elena Petrovna Bogdanova
Head of the Department of state and legal disciplines of the Izhevsk Institute (branch) of the All-Russian State University of Justice, Candidate of legal sciences
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Annotation: a historically conditioned need for the administration of justice and execution of the most important decisions in the potestas of ancient societies and medieval states is disclosed. Updating and analysis of the problem carried out in the context of legal culture of the peoples of the VII–XVI centuries’ Kama-Vyatka interfluve. With its specific judicial and executive authorities, by the end of the considered period they were under the jurisdiction of Muscovy, which resulted in the unification of management and the perception of ethnic communities the legal culture of the state-forming nation.
Keywords: legal culture, customary law, medieval states, normative legal acts, judicial and executive bodies, the Kama-Vyatka interfluve area.
Vishnevskiy V. G. The Images of Law in the Russian Painting of XVIII–XIX Centuries and Legal Culture
Vladimir Grigoryevich Vishnevskiy
Associate Professor of the Department of theory and history of state and law, Irkutsk Institute (branch) of the All-Russian State University of Justice, Candidate of legal Sciences
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Annotation: the article discusses a little explored in the legal literature question of the relationship and interaction of the law and the history of art. Paintings by D. Levitsky «Catherine – the Trendsetter in the Temple of the Goddess of Justice», K. D. Flavitsky «Princess Tarakanova», N. N. Ge «Peter I Interrogates Tsarevich Alexei Petrovich at Peterhof,» V. I. Surikov «Morning of the Streltsy’s Execution» are given as an example of such a study. Features of the reflection means and ways of painting are marked not so much as a problem of crime and punishment, rather as the essence of the absolute monarchy of Peter the Great and Catherine II, as well as ideas of justice and equality, as the nature and essence of law that it is capable of being evaluated from the standpoint of aesthetics – as something beautiful or ugly.
Keywords: law, art, culture, Surikov, Levitsky, Peter I, Sophia, Catherine II, Princess Tarakanova.
Philosophy of Legal Culture. The Theory is Right. State Theory
Matuzov N. I. The Duties of Man and Citizen as a Condition of Democracy and Social Stability
Nikolay Ignatyevich Matuzov
Professor of Department of theory of state and law of the Saratov State Law Academy, Doctor of legal sciences, Honored Scientist of the Russian Federation
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Annotation: the article considers the problem of correlation between responsibilities and human rights in modern Russia and in the world, the issues related to the diminishing of the former and praising the latter, the reasons of mentioned imbalance, the way to overcome it. It is emphasized that genuine (real) democracy is impossible not only without rights and freedoms, but no responsibilities. The combination of these two parts is capable to provide appropriate legal order and social stability in the society.
Keywords: rights, obligations, responsibility, freedom, culture, democracy, law, constitution, power, politics, state.
Ishekov K. A., Golovinov A. V. The Content of the Principle of Ideological Diversity and its Importance for the Development of Legal Culture of the Modern Russian Society
Konstantin Anatolyevich Ishekov
Head of Department of constitutional and international law of the Altai State University, Candidate of law science, Associate professor
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Alexander Viktorovich Golovinov
Associate professor of Department of constitutional and international law of the Altai State University, Candidate of philosophy science, Associate professor
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Annotation: within the framework of this publication one updates the value of the constitutional principle of ideological diversity for strengthening and improving the legal culture of a modern democratic society. The authors draw attention to the fact that this study is complicated by the lack of a clear definition of the principle of ideological diversity in domestic law. The publication proposes to read the category of “ideological diversity” in conjunction with the main characteristics of the concept of “legal culture”. According to the results of the analysis of these legal categories, one has developed some specific proposals on improving the “Fundamentals of the state policy of the Russian Federation in the field of development of legal literacy and legal awareness of citizens” approved by the President of the Russian Federation 28 April 2011.
Keywords: legal culture, democracy, ideological diversity, pluralism, freedom of thought and expression, rule of law, constitutionalism, legal awareness, rights and freedoms of man and citizen.
Ulbasheva F. B. Legal Culture and Legal Positions of the Constitutional Court of the Russian Federation сoncerning the Criminal Law Issues
Fatima Borisovna Ulbasheva
Postgraduate student of the Department of criminal and criminal executive law at the Saratov State Law Academy
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Annotation: considering the problem of implementation of legal positions of the Constitutional Court of the Russian Federation, the author comes to the conclusion that enforcement of the Court decisions is the identity of legal culture and legal consciousness of the law enforcement agencies. Legislative measures to improve the mechanism of execution of decisions of the Constitutional Court of the Russian Federation, the implementation of the set of legal positions will not be effective without increasing the level of the legal culture, in particular, that criminal legal of officials of the relevant bodies of the state.
Keywords: legal positions of the Constitutional Court, law administrative practice, implementation of decisions, new circumstances, review of judicial ordinances
Bytko S. Yu. The Lombroso Shadow in the Domestic Law
Sergey Yuryevich Bytko
Associate Professor of the Department of criminal law and process of the Volga Institute (branch) of the All-Russian State University of Justice in Saratov, Candidate of legal science, Associate professor
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Annotation: recently there have appeared many publications devoted to the features of dermatoglyphic analysis to identify some individual physical or mental qualities of a person. This article analyses a number of publications based on the study of dermatoglyphic traits of the palms and the fingers supporting ideas about the innate aggressiveness of individuals who because of this are prone to the deviant behaviour. Comparison of data from different sources shows that these conclusions cannot be considered proven.
Keywords: Lombroso, an innate tendency to deviant behaviour, inborn aggressiveness, dermatoglyphics.
Legal Сulture of Right Creativity
Belousov S. A. Imbalances of Russian Legislation and the Informational Redundancy of a Legal Regulatory Text: the Balance and Interrelationship Between Them
Sergey Alexandrovich Belousov
Associate Professor of the Department of theory of state and law, Saratov State Law Academy, Candidate of legal Science, Associate professor
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Annotation: the article substantiates the relevance of research of the imbalances’ questions within the system of the Russian legislation, its correlation with redundancy of the information of text of legal regulative acts and distortions in the implementation of the principle of legal economy. It is noted that in the scientific cognition of the phenomenon of imbalances of the legislative system of terminology is used a number of designs and concepts that are often not linked together into a single conceptual system. One reveals the relationship of the legislative imbalance defects of the legal matter, such as an information redundancy and a violation of the principle of legal economy. There is a direct link between redundancy of the legal information in a negative sense and the process of imbalance in the law, where one is a form and manifestation of the other. One substantiates the theoretical prospects of building a model of legislative imbalance based on a system approach. The author offers a proper definition of the notion of legislative imbalance in Russia.
Keywords: Russian legislation system, defects of a normative legal act, legislative imbalance, information redundancy of the text of the law, principle of legal economy.
Bytko S. Yu. A Uniform Understanding of the Concept of «Criminal Responsibility» as a Manifestation of Legal Culture
Sergey Yuryevich Bytko
Associate Professor of Criminal law and process of the Volga Institute (branch) of the All-Russian State University of Justice in Saratov, Candidate of legal science, Associate professor
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Annotation: criminal liability is one of the most important concepts in criminal law. This term is used by the legislator in a number of articles, however, the criminal law lacks its legal definition. In this regard, in theory there is a long-standing dispute about the nature of this phenomenon, its characteristics and forms of implementation. This article attempts to define the essence of this phenomenon through the history of development of the domestic criminal law.
Keywords: criminal responsibility, retribution, punishment, history of criminal law.
Legal Culture of the Law Enforcement
Yunusov A. A., Yunusov S. A. Problems of Legal Activity and Legal Culture of Employees of Criminally-Executive System of Russia
Abdulzhabar Agabalaevich Yunusov
Professor of Department of theory of state and law, international and European law of the Academy of Federal penitentiary service of Russia, Doctor of legal science, Professor
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Samur Abdulzhabarovich Yunusov
Lecturer-faculty of law department of the Academy of Federal penitentiary service of Russia
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Annotation: in the article the necessity of functioning of the penal enforcement system in the conditions of reforming the structures of the state has been considered. Violations of law and rules of treatment of prisoners indicate the presence of deformation of legal consciousness and legal culture of the prison staff. In this regard, the staff of institutions and bodies executing criminal punishment, must meet new requirements.
One makes some conclusions on legal problems of activity of employees of the staff of the Federal penitentiary service of Russia, where special attention is paid to spiritual and moral component of the legal subjects to ensure successful implementation of goals set by the state.
Keywords: legal activity, legal culture, criminal-executive system, responsibilities, professional deformation, legal education, value orientations.
Pustovalov A. R. The Establishment of the Marshals’ Service During the Soviet Period (on Example of the Udmurt Republic): on the 150th Anniversary of the Organs of Compulsory Execution of Judicial Acts "THE ARTICLE IS WITHDRAW" 18.09.2019
Andrey Rudolfovich Pustovalov
Associate Professor of the Department of state and legal disciplines of the Izhevsk Institute (branch) of the All-Russian State University of Justice, Candidate of legal science
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Annotation: in the article one performs the historical and legal analysis of formation of the bodies of judicial acts in the first years of the Soviet power, because in this period, certain dramatic changes had occurred in the organizational and legal status of the patriotic service of judicial executors (and later officers). The article is an attempt to examine a brief history of the bodies executing the decisions of the courts, for example, the Udmurt Republic (and not only) in order to improve the legal culture of Russian society.
Keywords: Federal service of court bailiffs, law, state authority, executive authority, court, judicial system, legal culture, judicial executor.
Belyaev M. A. Mutual Recognition as a Condition of Legitimacy of Law and the Factor of Socio-Cultural Integration
Maxim Alexandrovich Belyaev
Lecturer of the Department of ontology and theory of knowledge at the Voronezh State University, Candidate of philosophical science
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Annotation: the article considers the phenomenon of legal legitimacy. In the course of reasoning it is argued that the legitimacy of power requirements does not match their legality; legitimacy of norms in a modern democratic society is a criterion of quality of legal regulation; legitimate norm as a social fact, plays a positive role in processes of social and system integration. It is established that the optimal democratic mechanism of legitimization of law is the mutual recognition by actors of the legal system of each other. Recognition is a multi-layered dimension, but its legal component is just an intermediate phase, culminating, according to the concept by A. Honneth, the establishment of integrative links between the individual and the society. This is a prerequisite for the development of a harmonious personality, capable of active, creative treatment of the knowledge, attitudes, stereotypes, values obtained from the society.
Keywords: legal system, rule, legitimation, mutual recognition, legitimacy, social order, legal regulation.
Jusupov M. Ju., Magomedov G. B. Exemption from Criminal Liability Due to Active Repentance: the Problem of Limited Use
Magomedgadzhi Jusupovich Jusupov
Associate Professor of the Departmentr of the criminal legal disciplines of the North Caucasian Institute (branch) of the All-Russian State University of Justice in Makhachkala, Candidate of legal science
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Gusejn Bagavdinovich Magomedov
Deputy director of the North Caucasian Institute (branch) of the All-Russian State University of Justice in Makhachkala, Candidate of legal science
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Annotation: the article attempts to analyze the reasons for the limited application of the exemption from criminal liability due to active repentance. The necessity of wide use of this institution in order to optimize cost of the investigation and consideration of criminal cases involving minor crimes and saving procedure time of investigation and trial has been justified. Variants of improvement of legal regulation and enforcement practice in order to create conditions for wide application of this kind of exemption from criminal liability have been suggested.
Keywords: exemption from criminal responsibility; active repentance; limited use; optimization of the costs of the investigation and review of cases; saving procedural time; promote positive behavior postfracture.
Semyonova E. F. Competitive Challenging of Transactions of the Debtor-Citizen
Elena Alexandrovna Semyonova
Senior lecturer of the Department of entrepreneurial law, civil and arbitration process of the All-Russian State University of Justice
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Annotation: the article examines the features of challenging transactions of a debtor-citizen in bankruptcy. Such transactions may be challenged on the special grounds stipulated by the Federal Law “On insolvency (bankruptcy)” of 26 October 2002 No. 127-FZ, as suspicious transactions and transactions with preference. One examines the circle of persons entitled to appeal for recognition of the transaction of a debtor invalid, the peculiarities of consideration of such Declaration. Attention is paid to the problems that law enforcement officials may encounter in practice.
Keywords: invalidity of transactions of the debtor-citizen, bankruptcy legislation, bankruptcy (insolvency).
Legal Culture: Human Rights, Rights of the People. International Cooperation
Aminov I. I., Dedyukhin K. G., Usievich A. R. Legal Culture of the Family and Marriage Relationships of the Udmurts in the Russian Empire
Ilya Isakovich Aminov
Associate Professor of the Department of state and legal disciplines of the Izhevsk Institute (branch) of the All-Russian State University of Justice, Candidate of psychological science
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Konstantin Georgievich Dedyukhin
Associate Professor of the Department of state and legal disciplines of the Izhevsk Institute (branch) of the All-Russian State University of Justice, Candidate of legal science
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Alla Removna Usievich
Professor of the Department of state and legal disciplines of the Izhevsk Institute (branch) of the All-Russian State University of Justice, Candidate of legal science, Associate Professor
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Annotation: the article considers some features of legal regulation of family relations in the Udmurt community in the Imperial period of development of the Russian state (XVIII – early XX century). Researched historical and literary sources, archival and statistical evidence of existing customs regulation of the family relations shown by the Udmurts for a long time. One has studied development processes of the public institutions of the Udmurt society in this historical period. One reveals the dependence of their regulation by customary law along with the official laws of the Russian Empire and canonical law.
Keywords: family and marriage relations, rural community, customary law, community norms and traditions, national-ethnic rituals, legal status of the family and its members.
Peremolotova L. Yu. Culture Enforcement Activities in Places of Deprivation of Liberty
Lilianna Yuryevna Peremolotova
Doctoral student of the Academy of Federal penitentiary service of Russia, Candidate of legal science, Associate Professor
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Annotation: at present the human rights as a legal category experience a new phase of their development. The Constitution of the Russian Federation defines the rights and freedoms of a man and citizen, and guarantees their recognition, observance and protection. Prisoners serving their sentences in places of deprivation of liberty, belong to the category of citizens whose rights and freedoms are limited by the peculiarities of their legal status. Knowledge by the prisoners of their rights is the key to their successful adaptation to the conditions of serving punishment in the prison system. The Russian state provides legal and social protection of the rights, freedoms and legitimate interests of convicts.
Keywords: human rights, fundamental rights and freedoms, prisoners, restrictions on rights and freedoms.
Legal Culture and Education
Andreyeva G. B., Nikitina O. A. The Impact of Network Interaction on the Formation of Common Cultural and Professional Competences of Students
Galina Borisovna Andreyeva
Director of the Institute of training of state and municipal servants, of the Academy of Federal penitentiary service of Russia, Candidate of pedagogical science, Associate Professor
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Olga Alexeyevna Nikitina
Deputy director of the Institute of training of state and municipal servants, of the Academy of Federal penitentiary service of Russia, Candidate of pedagogical science, Associate Professor
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Annotation: high-quality implementation of basic and additional educational programmes in modern conditions of development of the Russian education is impossible without the organization of network interaction. Development of networking in the field of training of legal personnel due to the expansion of regional and international space of higher education; increased competition in the market of educational services; low efficiency of the conventional forms of cooperation in solving complex problems of educational and scientific cooperation; development of computer networking technology and global communication networks. The network model by the Institute of the Academy of the Federal Penitentiary Service is provided by the extension of the spectrum of educational services; development of remote sensing technology; organization of pre-university training; development of a joint creative projects; integration of the results of scientific and methodological developments in the educational process; the formation of the educational environment with the aim of comprehensive development of personality.
Keywords: network interaction, educational activity, information and communication technologies, academic mobility, common cultural and professional competences, customer-oriented strategy.
The Tribune of the Young Scientist
Pajtjan R. H. Urgent Aspects of Interaction between Morality and Law in the Modern Russian Society
Roza Hachikovna Pajtjan
Assistant of the international law Department of the Law Institute of the Siberian Federal University
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Annotation: the article considers the analysis of the correlation of such social regulators, as the law and the ethics. Definitions of these categories using their characteristics have been adduced. One has specified unity, distinction, interaction and contradictions of law and morality. One has defined the moral responsibilities of the individual, providing their difference from legal liability. One has marked causes for deep spiritual and legal crisis in the contemporary Russian society. One has formulated the definition of abuse of law. One has specified the conditions for the strengthening and growth of moral principles in society.
Keywords: morality, right, law, justice, social regulators, category of responsibility, abuse of law, moral responsibility.
Komarova T. A. The Principle of Justice in the Context of Understanding the Legal Culture
Tat'jana Alekseevna Komarova
Graduate student, Department of civil process of the Saratov State Law Academy
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Annotation: the principles of law are called the starting bases, the main ideas, guidelines, initial concepts of law, i. e. they endue with special meaning that defines the nature and essence of law, as well as the content of specific legal rules. Improving the quality of legal acts and improvement of professional level of law enforcement officers, proper legal education, in turn, is the key to a proper understanding and respect for the law, a prerequisite for the formation of high legal culture of the nation.
The article discusses the concept of justice, reveals its meaning, a particular understanding and application of the principle of justice in different branches of Russian law, the impact of this category on the legal culture.
Keywords: court acts, principles of law, justice, administrative proceedings, civil procedural law, Concept of a unified Civil procedural code of the Russian Federation.
Germanova M. A. Legal Regulation of the Tax Rate on Mineral Extraction as an Element of Taxation
Marija Aleksandrovna Germanova
Postgraduate student of the Department of administrative and financial law of the All-Russian State University of Justice, the General counsel of the Legal Department of PJSC “Gazprom”
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Annotation: a comprehensive analysis of the possible ways of differentiating the severance tax, including the legal culture in the implementation of the legislator and the planning for the introduction of such approaches. The purpose of the analysis is the detection of existing in the moment and has already been eliminated on conflicts of law for further consideration and resolution. One has used General scientific (dialectic, analytic, and synthetic, deductive and inductive, observational, comparable and private-scientific (historical, logical, comparative legal, statistical, method of system analysis, etc.) methods of cognition. The findings can be attributed the existing conflicts of law in determining the complexity of the deposits. The proposed methods have a more profound differentiation, strengthening the rental component of the tax rate on mineral extraction. One has analyzed the pros and cons, as well as the essence of legal culture in the implementation of the legislator approaches to calculating tax rates on mineral extraction.
Keywords: legal culture, tax administration, natural resources, tax on extraction of minerals, subsoil users.
Bojko T. K. Comparative Characteristics of the Juvenile Involvement in Crime and Anti-Social Activities and Some Related Offences
Tat'jana Konstantinovna Bojko
Senior lecturer of the Department of criminal and legal disciplines of the Tula Institute (branch) of the All-Russian State University of Justice
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Annotation: the article deals with criminal legal characteristic of involvement of minors in crimes and antisocial acts, and some similar criminal acts, are characteristic of specific compositions of the considered crimes and analyzes their similar and distinctive features, including by providing examples from judicial practice, compares the opinions of scientists on this issue, set the significance of this work for practice, make proposals on improvement of legislation in the study area.
Keywords: involvement, juvenile, crimes, antisocial acts, corpuses delicti, incitement to murder, objective side, facilitating a terrorist activity, inducement to use narcotic drugs, regularity.
Osipov R. A. To the Question about the Types and Levels of Legal Knowledge
Roman Alekseevich Osipov
Graduate student, Department of theory of state and law, Saratov State Academy of Law
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Annotation: the article is devoted to the study of such important in the conditions of modern Russian reality category, as legal knowledge, representing the element of legal culture of personality. The functional importance and structure of legal knowledge have been considered. It is concluded that the core legal knowledge form, being determined by age, some professional and other characteristics of a particular individual. Accordingly, the author outlines the everyday and professional sorts of legal knowledge. Types of legal knowledge, in turn, are divided into levels. Under ordinary the author proposes to allocate legal literacy and legal awareness. Professional legal knowledge the author divides into a specialized (sub-levels one of which is scientific-theoretical) and universal.
Keywords: legal awareness, legal culture, legal consciousness, legal knowledge, legal literacy, legal promulgation.
State and Society: Interaction Theory and Practice
Kossovich S. L. Control and Supervision Functions of the Rosreestr in the Sphere of the Self-Regulating Organizations of Arbitration Managers and Evaluators
Stanislav Leonidovich Kossovich
Specialist-expert of Department on control and supervision in the sphere of self-regulating organisations of the Rosreestr Department on the Saratov region
Provision of Legal Assistance for Free. Advices of Practicing Lawyer
Kovalevskiy V. I. "The Child Box" – on Some Aspects of the "Baby Box" Project and its Implementation in Russia
Vyacheslav Igorevich Kovalevskiy
Deputy head of the Main Directorate of the Ministry of Justice of the Russian Federation in the Novosibirsk region, a member of the Expert Council under the Commissioner for children's rights in the Novosibirsk region
Reviews
Boyko A. I. Review: A. V. Denisova. Sistemnost' Rossijskogo Ugolovnogo Prava: Problemy Filosofskoj i Yuridicheskoj Interpretacii: Monografiya. [The Consistency of the Russian Criminal Law: Philosophical and Legal Interpretation: Monograph] / Denisova, A. V. – Samara : Izdvo Samarskogo unta, 2014. – 160 p.
Alexander Ivanovich Boyko
Head of the Department of criminal and legal disciplines of the South Russian Institute of management – branch of Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation, Doctor of legal science, professor
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