"The Legal Culture" № 1(24) 2016
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
Suleimanov B. B. National-Cultural Autonomy as a Form of Self-Determination
Bigruzi Bukharinovich Suleimanov
Head of Department of theory of state and law of the North Caucasian Institute (branch) of the All-Russian State University of Justice in Makhachkala, Candidate of historical science, Associate professor, Honored lawyer of the Republic of Daghestan
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the right of nations to self-determination, which is predominantly seen as a territorial separation, until the establishment of a sovereign state, in many countries and regions has brought about certain negative consequences. In the context of globalization, the link with territory is much diminished, leads to the change of the national structure that will likely increase tensions between representatives of different nationalities. In such circumstances, more relevant seems another form of autonomy – the national-cultural one, creating the opportunity to realize the rights and legitimate interests of all Nations without territorial claims.
Keywords: autonomy, national cultural autonomy, state, nation, right of nations to self-determination, national government, national legal policy.
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
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
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
Nikolai Ignatevich 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
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Denisenko V. V. The Legitimacy of Legal Norms in the Western and Eastern Legal Cultures
Vladislav Valerevich Denisenko
Associate Professor of the Department of theory and history of state and law of the Voronezh State University, Candidate of legal sciences, Associate professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article deals with topical issues of the legitimacy of legal norms, the peculiarities of this phenomenon in different legal cultures. The analysis of the approaches in the Russian and foreign liberal thought to the problems of social recognition of legal norms in different cultures has been performed. One explores the relationship between processes of modernization and secularization of culture and the legitimation of law. Results of the research are findings about the interaction of legal cultures and their general way in the period of globalization of legal systems.
Keywords: legal culture, legitimacy of the rule of law, formal equality, legal system, legal philosophy, axiology of legal forms, inequality, Western civilization.
Legal Сulture of Right Creativity
Fediunin A. E., Kopylov A. V. The Moral Foundations of Lawmaking
Anton Evgenevich Fediunin
Professor of Department of criminal process of the Saratov State Law Academy, Doctor of legal sciences, Associate professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Aleksei Vasilevich Kopylov
Post-graduate student of Department of criminal process of the Saratov State Law Academy
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article investigates the influence of morality on the formation and implementation of legal norms. Morality is considered as a unique phenomenon, which exists in two planes: philosophical and legal. Morality permeates all social relations and is the characteristic of the individual, which makes him a man. The author concludes that morality is the basis of the law, gives it an attribute of legitimacy, creates and maintains the belief of citizens that the existing legal institutions are the most adequate for a given society.
Keywords: morality, rectitude, law, legal norm, ethics, politics, state, immoral human behavior.
Markelova K. A. New Rules for Issuing a Power of Attorney in the Conditions of the Civil Legislation Reforming
Karina Alexandrovna Markelova
Candidate of legal sciences, Associate professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article discusses the new provisions of the Russian civil legislation on powers of attorney. One analyzes the changes related to the concept of the power of attorney specifying the manner of issuance and certification of powers of attorney affecting the order of execution of powers of attorney on behalf of legal entities. One has paid attention to the new Russian law institute of the irrevocable powers of attorney. It is noted that low legal culture of the population can cause incorrect use of the rules of law concerning the abolition of the power of attorney.
Keywords: legal culture, legal conscience, civil legislation, power of attorney, representative, authority, right of substitution, irrevocable power of attorney.
Legal Culture of the Law Enforcement
Anichkin E. S., Kovalenko E. Yu. The Introduction of Alternative Forms of Protection of the Rights of Participants of the Economic Turnover as a Factor of Increase of the Level of Legal Culture
Evgenii Sergeevich Anichkin
Head of the Department of labor, environmental law and civil procedure of the Altai State University, Doctor of legal sciences, Associate professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Ekaterina Yurevna Kovalenko
Associate Professor of the Department of civil law of the Altai State University, Candidate of legal sciences
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article is devoted to the study of alternative forms of protection of the rights of participants in modern economic circulation in Russia. One identifies the challenges and achievements of introduction of institute of alternative forms of dispute resolution in the daily lives of participants of the economic turnover. Special attention is paid to the role of arbitration in the protection of rights in the aspect ratio of the institute of justice by state courts. The urgency dictated by the need to increase the use of alternative forms of protection of the rights that will reduce the burden on state courts and affect the formation of legal culture of constructive dialogue to resolve disagreements and find mutually beneficial results with the help of civilized forms of conflict resolution without recourse to the public authorities.
Keywords: legal culture; participants in economic turnover; commitment; agreement; protection of rights; alternative forms of protection; justice; court of arbitration; dispute resolution
Sergun E. P. On Expediency of Criminalization of Abuse of the Right of Legislative Initiative (Article 278.1 of the Criminal Code of the Russian Federation)
Evgenii Petrovich Sergun
Associate Professor of the Department of criminal, administrative law and process of the Gorny Altai State University, Candidate of legal sciences
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article describes and substantiates the author’s project of the crime, de lege ferenda envisaged by article 278.1 of the criminal code “Abuse of the right of legislative initiative”. The criminally-legal characteristic of its elements and characteristics has been given.
The proposed criminal prohibition is to establish a legal responsibility for the following: 1) introduction by the subject of a knowingly unconstitutional legislative initiative; 2) submission of an official positive feedback on an obviously unconstitutional bill on amendments or supplements to the criminal legislation; 3) lobbying an obviously unconstitutional bill.
It is expected that the introduction of article 278.1 of the criminal code will make a significant contribution to ensure the constitutional security of the Russian Federation.
Keywords: crimes against the constitutional order bases, constitutional security, anti-constitutional activities, extremism, unconstitutional political lobbying, unconstitutional lawmaking.
Storozhenko K. O. The Principles of Ensuring the Personal Safety and the Issues of Formation of the Legal Culture of Employees of the Road Patrol Service of the State Inspection of Road Safety of the Ministry of Internal Affairs of Russia
Konstantin Olegovich Storozhenko
Dean of the faculty of additional education of the Tula Institute (branch) of the All-Russian State University of Justice, Candidate of legal science
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article examines the implementation of the principles ensuring the personal safety of employees of the road-patrol service state inspection of the road safety of the Ministry of Internal Affairs of Russia.
The specificity of the performance of service by employees of the road-patrol service state inspection of the road safety of the Ministry of Internal Affairs of Russia, is connected with risk for life and health, due to their close contact with sources of increased danger and the possibility of being attacked by criminal elements moving in vehicles.
Keywords: legal culture, police, road patrol service of state traffic inspectorate of Ministry of Internal Affairs of Russia, personal security provision, civil service, sources of danger, crime, transport.
Krajneva O. L., Bogorubova T. A. The Question of Increasing the Level of Legal Culture in the Field of Disciplinary Responsibility of the Commercial Employees
Ol'ga Leonidovna Krajneva
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 law sciences
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Tat'jana Alexandrovna Bogorubova
Head of the Department of the Humanities, Socio-economic and Law disciplines of the Volga Institute (branch) of the All-Russian State University of Justice inSaratov, Candidate of sociological sciences, Associate Professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article provides a definition of legal culture of an employee concerning the labour rights, analyzes the rules of the labour law on the disciplinary liability in relation to the commercial employees for the purpose of increase of the legal culture and effective protection of the employment rights of this category of employees. The need to develop some practical recommendations on protecting the labour rights of employees in conditions of the market economy, when commerce develops spontaneously, and often in violation of the human rights, determines the relevance of the topic of the article.
Keywords: legal culture of employee, labour law, disciplinary responsibility, disciplinary offence, disciplinary penalty, labor discipline, internal regulations.
Shcherbakova L. G. On the Issue of the Culture of Presentation of Judicial Acts in Civil and Arbitration Processes
Liliia Gennadievna Shcherbakova
Associate Professor of the Department of civil law and process of the Volga Institute (branch) of the All-Russian State University of Justice in Saratov, Candidate of legal science
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the problem of culture of the statement of judicial acts in civil and arbitration processes is of particular relevance in connection with the increasing importance of such principles of justice as openness and accessibility. The legal framework should be placed on the Internet and in the data bases of the courts. A procedural document adopted in the case becomes public. Under such circumstances the judge, in the judicial act, has to make a more responsible attitude both to the content of the document, and to its design.
The article notes that compliance with formal style and language of court documents, will undoubtedly affect the authority of the judiciary. If the judicial act is made formally, difficult to understand, illogical, and conclusions are not motivated, then one can hardly say that it is an act of judicial protection
Keywords: judicial acts, civil and arbitration processes, requirements of judicial acts, level of acts of justice culture, official language and style of court documents, competence of judicial acts, procedural documents, procedural culture.
Shishkin S. S., Poskochinova O. G. The Legal Culture of Officials as an Agent of Reduction of the Tax Risks in the Activities of a Legal Entity
Sergei Sergeevich Shishkin
Head of the Department of criminal-law disciplines of the Izhevsk Institute (branch) of the All-Russian State University of Justice, Candidate of legal science
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Olesia Grigorevna Poskochinova
Head of the Department of taxation, Vice-rector on educational and scientific work of the North-West Institute of advanced training of the Federal Tax Service of Russia (St. Petersburg), candidate of economic sciences
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article highlightes the risks of legal entities, connected with their activities in the sphere of the tax legal relations as well as the negative consequences from criminal prosecution and performed audit. It is noted that the successful functioning of the company depends largely on the level of legal culture of its officials. One emphasizes the need to conduct some explanatory work by the law enforcement bodies on the issues of application of Russian tax legislation
Keywords: legal entity, risk, tax offence, criminal proceedings.
Alioshina T. E. The Notary Process in the Framework of the Protective Function of the Law Implementation
Tat'jana Eroslavna Alioshina
Notary of the city of Saratov and the Saratov region, Candidate of law science
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: this article examines the definition, place and role of a notary in the implementation process of the institute of notaries’ functions of law enforcement, analyzed some of its features. One notes a preventive component of the protective potential of the institute of notaries. The author puts forward the thesis about the necessity of the analysis of the nature of the notarial process, entities, stages, classifying them on the basis of certain criteria. An attempt is made to explore the subject of identity between the concepts “process” and “procedure” in the framework of notarial activities. One justifies the increased attention from theorists and practitioners to questions of procedural features of the commission of separate, little-known notarial acts.
Keywords: the protective function of law, notary, notarial process, notary activity.
Legal Culture: Human Rights, Rights of the People. International Cooperation
Borsuchenko S. A. The Control Powers of the Commissioner under the President of the Russian Federation on Protection of Entrepreneurs’ Rights in the Penitentiary Sphere
Svetlana Alexeevna Borsuchenko
Associate Professor of criminal law and criminology of the All-Russian State University of Justice, Candidate of legal science, Associate professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article considers the issues of legal regulation of the new human rights state institution for the protection of the rights of entrepreneurs, including suspects, defendants and convicts, reveals shortcomings of its legal regulation, the author analyses the legal status and powers of the Ombudsman under the RF President on protection of entrepreneurs’ rights and the commissioners for entrepreneurs’ rights in the constituent entities of the Russian Federation, the specifics of their powers of control in the penitentiary sector.
Keywords: Ombudsman under the RF President on protection of the rights of businessmen, commissioners on protection of the rights of entrepreneurs in the constituent entities of the Russian Federation, suspects, accused, convicts, law, legal warranties, powers, amnesty.
Saenko L. V. The Traditional Cultural and Legal Values and Modern Approaches to the Regulation of the Marriage and Family Relations
Ljudmila Vladimirovna Saenko
Head of the Department of civil law and process of the Volga Institute (branch) of the All-Russian State University of Justice in Saratov, Candidate of legal science, Associate professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: in the article the author raises some topical issues of identifying the causes of the current state of the family institution, the author analyzes the traditional cultural and legal values. One discusses some modern approaches to the legal law regulation of the marriage and family relations, including the issue of the European community’s recognition of the same-sex marriages.
In order to improve the family legislation of Russia the author considers it necessary to consolidate the legal definition of marriage and the family, the inclusion of relevant norms and definitions in the text of the RF Family Code.
Keywords: family, marriage, family relationships, family law, improving the family legislation, rules-definitions, Family code of the Russian Federation.
Rep'ev A. G. The Legal Immunity of the State: a Warning Against Attempts at Distortion and Substitution of the Fundamental Principle of International Law (Part 1)
Artem Grigor'evich Rep'ev
Senior lecturer of the Chair of administrative law and administrative activity of agencies of internal affairs of the Barnaul law institute of the Ministry of Internal Affairs of Russia, Candidate of law science
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article analyzes the essence and understanding of the principle of the “state immunity” in light of the current profound crisis of cultural rights as legal relations in both domestic and international legal relationships. One attempts to warn both the Western and Russian political scientists and legal scholars from the desire for distortion and substitution of the fundamental provisions of international law.
The urgency of article is connected with the necessity of analysis of the essence and the concept of law of state immunity, its role in relation to the category “sovereignty.” On this basis, with the author’s positions one puts forward a thesis that the terms “immunity” and “sovereignty” of the state are closely linked, with the link in this duet is the concept of “jurisdiction”.
Keywords: legal culture, legal advantage, legal immunity, sovereignty of state, jurisdiction, democracy, “limited” sovereignty, legal culture.
The Tribune of the Young Scientist
Tonija I. T. Criminal Liability for Abuse of Power By Persons Performing Managerial Functions in Commercial and Other Organizations in the Criminal Legislation of Foreign Countries
Il'ja Tengizovich Tonija
Graduate student of the Department of criminal law and criminology of the All-Russian State University of Justice
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article comparison of the provisions of the Criminal code of the Russian Federation on criminal responsibility for abuse of power (article 201 of the criminal code) with similar provisions of the criminal legislation of some foreign countries: Germany, France, Spain, Kazakhstan, Belarus, China. The absence of provisions on criminal liability for abuse of authority in criminal codes of Australia, Japan, and also in the model penal code of the United States has been detected.
Keywords: criminal law, criminal law of foreign countries, abuse of powers, official malfeasance.
Kornienko A. M. The Problem of the Competition of Natural Rights in the Natural Law Doctrine By Jacques Maritain
Anastasija Mihajlovna Kornienko
Graduate student of the Department of theory and history of state and law and of philosophy of the All-Russian State University of Justice
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article analyzes the solution to the problem of competition of natural rights proposed by Maritain, which became the methodological basis of the formation of the list of human rights included in the history of law as a new paradigm of responsibility in the legislation of the twentieth century. One consideres the advanced by neo-Thomism Maritain’s criticism of the fallacies of the classical natural law school; one reveals the link of the list of human rights and legal culture of the era. The author has suggested the analysis based on the original texts of the philosopher and relevant to the history of political and legal thought.
Keywords: understanding of law, human rights, revived natural law, neo-Thomism, J. Maritain, competition of rights.
Bondarenko T. A. Terminology in the Cassation as an Element of Legal Culture
Taras Alexeevich Bondarenko
Post-graduate student of the Volga region Institute of management named after P. A. Stolypin – branch of the Russian Academy of national economy and state service
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article analyzes the legal terminology used in courts of cassation. The terminology is a determining factor in the development and understanding of the law. One analyzes the concepts of “checking” and “review”, it is concluded that they are not identical. The author comes to the conclusion that the correct understanding and application of the legal terminology will facilitate the creation of an effective mechanism to restore and protect the violated rights of citizens and, ultimately, will increase the level of the legal culture in general.
Keywords: reconsideration of resolutions, consideration of case, court of cassation, conceptual framework, interpretation of law, powers of court.
State and Society: Interaction Theory and Practice
Kravchenko V. V., Rymar O. N. On the Condition of the State Geodetic Network of the Geodetic Networks of Special Purposes on the Territory of the Saratov Region
Vitalij Vasil'evich Kravchenko
Head of the Department of geodesy and cartography of the Directorate of Federal registration service of the Saratov region
Ol'ga Nikolaevna Rymar
Chief specialist-expert of the Department of geodesy and cartography of the Directorate of Federal registration service of the Saratov region
Provision of Legal Assistance for Free. Advices of Practicing Lawyer
Chumakova O. V. Qualified Legal Assistance as a Guarantee of the Human Rights’ Protection By the State
Ol'ga Vladimirovna Chumakova
Director of the law clinic, associate professor of the Department of administrative and financial law of the All-Russian State University of Justice, Candidate of law science, Associate professor