"The Legal Culture" № 2(25) 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
Mal'ko A. V., Terehov E. M. Legal Interpretative Activity and Problems of Its Improvement
Alexander Vasil'evich Mal'ko
Director of the Saratov branch of the Institute of state and law of RAS, doctor of legal sciences, professor, Honored scientist of the Russian Federation
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Evgenij Mihajlovich Terehov
Senior lecturer of the Department of state and legal disciplines of the Balakovo branch of the Saratov state law Academy, candidate of legal sciences
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: legal interpretative activity, like any other type of legal activity, is not devoid of problems, the main of which should be to admit the unsystematizability of interpretive acts; the lack of doctrinal document which outlines the common ways of implementing legal interpretative activity and reflects its main tendencies; the publication of controversial interpretative acts; the lack of statutory mechanism for monitoring acts of interpretation of law. The existance of such problems not only hampers its development but also serves as a legal basis for carrying out the optimization process aimed at improving the efficiency of interpretation of law.
This article discusses some aspects of the interpretation of legal activity implementation; discusses its independence as a kind of legal activity. It identifies some inconsistencies and proposes some possible solutions.
Keywords: legal activity, legal interpretative activity, legal interpretative error, interpretation act, Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, European Court of human rights.
Philosophy of Legal Culture. The Theory is Right. State Theory
Haliulin V. E. The Sense of Justice As a Tool of Adaptation of Social Values to Legal Reality
Vjacheslav Esenovich Haliulin
Associate Professor of the Department of theory of law of the Volga region Institute of administration named after P. A. Stolypin – branch of RANEPA under the President of the Russian Federation, candidate of legal sciences
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article examines the influence of legal consciousness on the processes of lawmaking and implementation of law. Special attention is paid to the questions of reflection of the content group and individual legal consciousness on the formulation of rules of law and application of laws motivation for action. The relevance of the study lies in the consideration of legal consciousness as a dynamic environment, through which and due to which the legal influence on social relations is realised. One offers a comprehensive examination of the impact of each element of legal consciousness, revealing its capacity to ensure the cooperation of diverse social interests.
Keywords: legal consciousness, law-making body awareness, interaction of social interests, sense of justice and social values, social interests and values in law, lawmaking, legal enforcement, legal ideology.
Makarova E. G. Awareness of the Law and Its Impact on the Participation of Citizens in the Public Order Protection
Elena Grigor'evna Makarova
Associate Professor of the Department of administrative law and administrative activity of the Internal Affairs’ bodies of the Omsk Academy of MIA of Russia, 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 contemporary background issues of participation of citizens in the protection of the public order, which are determined by the citizens’ awareness of the need to provide their part of assistance to the internal affairs’ bodies. The basis for such participation should rest on the initiative of citizens, rather than on creating new law enforcement structures. However, due socio-political, socio-economic and organizational conditions for comprehensive involvement of citizens in protection of a public order have not yet formed.
Keywords: legal awareness, rights of citizens, police, policing, security, law enforcement, law and order, combating crime.
Ahmedov A. Ja. The Development of the Principle of Freedom of Contract in Conditions of the Increase of Requirements to the Legal Culture of Civil Law Subjects
Arsen Jarahmedovich Ahmedov
Lecturer of the Department of civil and family law, Saratov state law Academy, candidate of legal sciences
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article notes the existence of two legal trends: providing greater contractual freedom of subjects of civil law and the setting of higher requirements for behaviour of participants of civil legal relations, associated with a certain level of integrity, fairness, respect for the rights and legitimate interests of the counterparties. Submission of claims to the legal culture of the contractual relationship subject should be accompanied by increase in the discretion of the parties to the contract. In the end, such a direction of civil policy should contribute to the stability of treaty relations.
Keywords: the principles of civil rights, freedom of contract, contractual law, legal culture, cooperation, integrity, freedom of contract limits, agreement stability.
Akimova N. V. The Sources of Buddhism and Citizens’ Legal Awareness: Criminal-Legal Aspect
Natalija Viktorovna Akimova
Associate Professor of the Department of criminal law and criminology of the Russian state University of justice (Russian Law Academy of Ministry of Justice of Russia), 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 analyzes the ratio of different fundamental precepts of Buddhism and of criminal legal prohibitions and their effects on the legal awareness of citizens. It is noted that a considerable part of the virtues proclaimed by Buddha, in the sense are very similar to the criminal law of most modern states, in this connection, following the teachings does not make the behaviour and way of life of a believer in conflict with the laws of the state of which he is a citizen. While violations of law arise not because of fear of criminal and other sanctions of the state, rather from inner conviction, which is extremely important in modern conditions.
Keywords: Buddhism, religion, karma, law-abiding behaviour, socially dangerous behaviour, moral principles, criminal legal rules, prohibitions, criminal law.
Suhova N. I. Associate professor of the Department of theory of state and law, Saratov state law Academy, candidate of legal sciences, associate professor
Nadezhda Ivanovna Suhova
Defective Norms: the Problem of Their Terminological Unification
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: ineffective legal impact is often caused by the existence ofin a legal system of the defective statutory regulations, which may shape various terminological forms: inefficient norms, “dead” rules, inoperative, outdated regulations, dormant, unenforceable, etc., which leads to inaccuracies and sometimes to a confusion in the process of studying the legal means and reasons of defeciencies of the legal regulation. The author makes an attempt on the basis of generalization of knowledge of defective legal requirements to offer them an option for their groupings corresponding to the rules about the effect of legal rules, legal techniques, legal practice.
Keywords: legal regulation, legal prescription, defective legal norms, “dead” legal norms, implementation of legal norms, validity of law, mechanism of implementation of law rules.
Dmitrieva V. A. Philosophy of Law By N. N. Alexeyev and Its Contribution to the Development of Legal Culture
Valerija Alexandrovna Dmitrieva
Dean of the faculty of higher education of the Volga Institute (branch) of the All-Russian State University of Justice in the city of Saratov, candidate of philosophical science
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article is devoted to the key points of the concept of philosophy of law by N. N. Alexeyev associated with the system of the philosophy of law created by him. Particular attention is drawn to the correlation of the notions of law and morality, law and culture, the place of law in culture as well as on the links between moral principles and law. One analyzes the basic concepts of philosophy of law that existed at the early twentieth century such as legal sociology, natural law, phenomenological approach to the philosophy of law. The latter approach is analysed in connection with the way, along which N. N. Alexeyev sought to adapt it.
Keywords: philosophy of law by N. N. Alexeyev, legal sociology, natural law, phenomenology, and philosophy of law, axiological aspects of law, legal ideal.
Legal Сulture of Right Creativity
Bazhanov S. V. Comprehensive Legislative Regulation of Procedure of Bringing the Found Objects of Investigation to Its Initiator’s Availability as a Determinant of Legal Culture of Respective Legal Relations
Stanislav Vasil'evich Bazhanov
Leading researcher of the Division of problems of prosecutorial supervision and strengthening of legality in the sphere of economy of the Scientific Research Institute of the Academy of the Prosecutor General of the Russian Federation, doctor of legal sciences, professor, senior counselor of justice, academician of the Petrovskaya Academy of Sciences and arts
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article examines some legal issues associated with the tracing of suspects, accused, defendants and convicts, and their conveyance to the place of preliminary investigation (trial). The author defends the point of view according to which the parties to criminal proceedings (primarily, suspect and accused) should be remanded in custody at the place of their discovery, and subsequently be transported to the disposal of the initiator of the search. This approach should increase the efficiency of criminal procedure, operatively-search and search activities of the staff of investigative and operational search agencies in the area of detection, disclosure and investigation of crimes, aimed at protecting the rights and legitimate interests of law-abiding citizens.
Keywords: escorting, convoying, suspect, accused, defendant, convicted, initiator of search, investigation, trial, measure of restraint.
Legal Culture of the Law Enforcement
Sergun P. P., Bobrov A. M. Development of Legal Culture in the Aspect of Conferring Officials Some Internal Powers to Examine Cases on Administrative Offences
Petr Pavlovich Sergun
Director of the of the Volga Institute (branch) of the All-Russian State University of Justice in the city of Saratov, Doctor of legal sciences, professor, Honored lawyer of the Russian Federation
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Artem Mihajlovich Bobrov
Head of the Department of state and legal disciplines of the Perm Institute of the Federal Penitentiary Service of the Russian Federation, candidate of legal sciences
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article discusses the features of administrative jurisdiction relating to the implementation of procedure on cases of administrative offences in respect of persons that are members of an internally organizational system and entering among themselves into the state-service relations. This feature analyzes the current administrative legislation of the Russian Federation, as well as the draft of the new Russian Federation Code of administrative offences on the example of considering the cases on administrative violations of sanitary-epidemiological and veterinary legislation.
Keywords: administrative-jurisdictional legal relations, state-service legal relations, minutes on administrative offense, consideration of case on administrative offence, administrative responsibility, disciplinary responsibility.
Solov'ev S. G. The Legal Mechanism of Redistribution of Municipal Authorities – the End of the Illusions of the Russian Local Government
Sergej Gennad'evich Solov'ev
Head of the Department of constitutional, administrative and municipal law, South Ural state University (national research university),doctor of legal sciences, professor, Chairman of the Public chamber of the city district of Miass, member of the Expert Council of the Committee on Federal arrangement and questions of local government of the State Duma of the Russian Federation
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article is devoted to conceptual, theoretical and practical aspects of the legal institution of redistribution of powers between the local self-government bodies and the state power bodies of a subject of the Russian Federation. One examines the preconditions for the introduction, content and an expert assessment of the prospects of a specified legal institute. From the standpoint of the goal setting theory in the study the main objectives for the achievement of which the local self-government was involved in the mechanism of government of the Russian Federation, the author's vision of the hierarchy of these goals has been provided. In view of the later one attempts to assess the prospects of improvement of mechanism of redistribution of powers between local self-government bodies and bodies of state power of a subject of the Russian Federation, as well as to formulate a probabilistic prediction about the results of the analyzed legal institution in the modern system of local government.
Keywords: local self-government, local self-government objectives, institution of redistribution of powers, state and municipal authorities.
Gordeev N. S. Reasoning in Judicial Decisions on «Extremist Matters» As an Indicator of the Law Enforcer’s Legal Culture
Nikita Sergeevich Gordeev
Post-graduate student of the Department of criminal and criminal executive law at the Saratov state law Academy
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: in article on the example of sentences for the extremist crimes, the decisions on recognition of a religious group extremist organization and a ban of its activities, one analyzes the concepts and terms that are a part of the reasoning in the judgment, reflect the legal and political aspects of counteracting extremism in Russia. It is concluded that the introduction into the text of the court decision the disputed non-legal definitions demonstrates the significant difficulties encountered by a law enforcer, the causes of which are largely determined by shortcomings in anti-extremist legislation and methods of judicial examination on the given category of affairs.
Keywords: legal culture, law enforcement, religious extremism, extremist activity, extremist ideology.
Filippov S. A., Shcherbakova L. G. Professional Culture and Ethical Principles of the Activities of a Defence Lawyer
Sergej Alexandrovich Filippov
Associate professor of the Department of civil and family law, Saratov state law Academy, candidate of legal sciences
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Lilija Gennadievna Shcherbakova
Associate professor of the Department of civil law and procedure of the Volga Institute (branch) of the All-Russian State University of Justice in the city of Saratov, candidate of legal sciences
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the authors conducted an analysis of the ethical rules and principles of the advocacy activities. Existence of ethical rules of conduct for representatives of the legal profession leads, first, to an increasement of the general level of morality in society, and secondly, to a development of the professional and moral qualities of a defence lawyer. The feature notes that professional ethics of a lawyer is of paramount importance, because in the process of implementing its activities, the defence lawyer by defending and protecting the rights and interests of citizens, has the ability to affect human fates, and this entails responsibility and helps to keep ourselves strictly within the moral and ethical behavior
Keywords: professional culture, defence lawyer’s ethics, morality, principles of defence lawyer’s activities.
Legal Culture: Human Rights, Rights of the People. International Cooperation
Rep'ev A. G. "The Legal Immunity of the State: A Warning Against Attempts to Distort and Substitute the Fundamental Principle of International Law "
Artem Grigor'evich Rep'ev
Senior lecturer of the Department of administrative law and administrative activity of bodies of of the Internal Affairs’ bodies of the Barnaul Academy of MIA of Russia, candidate of legal sciences
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Nucalhanov G. N. Associate professor of the Department of constitutional law of the All-Russian State University of Justice in city of Makhachkala, Candidate of legal science
Gamzat Nucalhanovich Nucalhanov
Implementation of International Legal Norms on the Establishment of a Regional Zone Free of Nuclear Weapons in the National Legislation of the Central Asian States
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article is devoted to the implementation of the Treaty on the establishment of a zone free from nuclear weapons in the Central Asia in national legal systems of the states parties. The author attempts to reveal the essence and mechanism of implementation of the provisions of this agreement, as well as the maintenance of legal and organizational means to ensure the implementation of the regulatory requirements of the nuclear free zone Treaty in the Central Asia, every state in the region. It also covers, within the national legal systems of the states of the region, the ways of implementation of international legal norms on nuclear free zone in Central Asia: a reference, transformation, incorporation, legitimation, and adaptation, reception.
Keywords: contract, legislation, nuclear free zone, reference, implementation, reception, transformation.
Saenko L. V. The Rules of International Family Law in the Mechanism of Formation of a Structure of a Unified Family-Legal Space of the Commonwealth of Independent States
Ljudmila Vladimirovna Saenko
Head of the Department of civil law and procedure of the Volga Institute (branch) of the All-Russian State University of Justice in the city of Saratov, 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 author of the article refers to some urgent issues of creation of an effective mechanism of formation of a structure of a unified legal space in the sphere of regulation of family relations in the CIS. The feature examines the rules of international law governing family relations. It identifies the problems of applying international legal instruments. It is stated that the harmonization of the family law at the international level raises some significant challenges, but the process is inevitable.
In order to improve the family legislation of Russia the author proposes to use the potentialities of the institutions of parental responsibility and parental care and their particular elements in the Russian family law.
Keywords: family, marriage, family relationships, family law, improvement of family law, international family law.
The Tribune of the Young Scientist
Gadisov S. R. Legal Culture of the Russian Society in Conditions of Globalization
Seymour Ramazanovich Gadisov
Lecturer of the Department of civil law and procedure of the Volga region Institute of administration named after P. A. Stolypin – branch of RANEPA under the President of the Russian Federation
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: in the article the analysis of legal culture of Russian society in conditions of globalization has been provided. This topic is highly relevant as the legal culture of society has an impact on the changes happening in the state. One substantiates the key role of the legal culture in the modernization of the contemporary Russian society. Under the conditions of globalization the Russian legal culture is influenced by different national legal cultures. The Russian Federation at the present stage of its development should use the achievements of the world legal thought, but it is obliged to preserve the identity of its own legal culture.
Keywords: legal culture, globalization, state in conditions of globalization, national legal cultures.
Zimina S. Ju. Legal Culture of Municipal Employees: Problems and Prospects of Its Development
Svetlana Jur'evna Zimina
Post-graduate student of the Department of public law of the Saratov socio-economic Institute (branch) of the Russian economic University named after G. V. Plekhanov
Е-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the article is devoted to the analysis of the status and problems of legal culture of municipal employees. The development and maintenance of legal culture issues always have both a theoretical and practical significance. The quality of the legal culture of municipal employees depends largely on the efficiency of functioning of the institute of local self-government. The author argues that the low level of legal culture of municipal employees is a real threat to the law-making and law-enforcement activities. It's argued that increasing the level of legal culture is designed to engender a respect for thestate, law, municipal authorities.
Keywords: legal culture, legal consciousness, community service, civil society, legal nihilism, value of law, corruptiongenic factors, corruption.
Nevskaja E. A. Legal Culture in the Sphere of Legal Regulation of Socially Useful Activities of Non-Governmental Human Rights’ Organizations
Emilija Alexandrovna Nevskaja
Post-graduate student of the Department of constitutional and municipal law 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 feature analyzes the practice of legal regulation of human rights non-governmental organisations performing public utility services in foreign countries. It provides the author's viewing of this phenomenon, the author considers the ways of development in the legal field of Russia.
One formulates some proposals for several possible solutions to the question of vesting in the human rights’ non-governmental organizations the status of «non-profit organizations implementing socially useful services.» On the basis of the conducted research the author proposes amendments and additions to the legislation on NGOs in Russia.
Keywords: human rights’ non-governmental organization, human rights’ non-governmental organizations’ activities, public utility services, civil society, legal culture, law, non-profit organizations, legal regulation.
Shvecova I. V. Legal Liability for Violation of the Budgetary Crediting in the Russian Federation as a Way of Formation of Legal Culture in the Russian Cociety
Irina Vasil'evna Shvecova
Post-graduate student of the Department of financial, banking and customs’ law at the Saratov state law Academy
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the feature examines the legal responsibility for violation of budget crediting in the Russian Federation. It analyzes the concept and legal consequences of misuse of budget funds received on a returnable basis. The relevance of the article is determined by the importance of scrutinizing the legal responsibility for violation of budget crediting in the Russian Federation. The author focuses on the question of the nature and content of legal responsibility for violation of budget legislation as one of the ways of formation of legal culture in the Russian society. This question directly relates to the financial security of the state. The article aims to analyze the problems of liability under the legislation of the Russian Federation for the misuse of budgetary funds.
Keywords: legal culture, budget, budget crediting, legal liability, misuse of budget funds, budget revenues, budget expenditures, budget deficit.
Agalarova M. A. Development of Legal Culture As an Integral Element of the Consideration of Civil Cases with Participation of Foreign Persons
Marija Andreevna Agalarova
Post-graduate student of the Department of civil process at 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 discusses the necessity of the increasement of the level of legal culture in order to ensure a timely and efficient resolution of civil cases involving a foreign element. In civil proceedings major innovations are planned, first of all it concerns the merger of the Civil and Arbitration procedural codes, as well as the adoption of the Code of administrative procedure. However, these changes have not affected such an entity of civil procedure as a foreign person. The feature identifies a number of legal peculiarities in preparing the case for trial and direct examination of the dispute. The author analyzes some problem situations that might arise in civil proceedings, and attempts to eliminate them.
Keywords: legal culture, foreign persons, civil court procedure, Concept of unified Civil procedural code of the Russian Federation, international instruments, preparation of case for trial, dispute consideration, legal education, foreign element.
KovachJu. O. Legal Cooperation Between Civil Society and State in Modern Russia in Conditions of Globalization
Julija Olegovna Kovach
Post-graduate student of the Department of law of the Volga region Institute of administration named after P. A. Stolypin – branch of RANEPA under the President of the Russian Federation
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: this feature analyzes the status and problems of legal interactions between civil society and state in modern Russia in conditions of globalization. The relevance of the study is that the issues of legal interaction between civil society and the state have always been the center of attention of the scientific community, having both theoretical and practical importance. It is established that the legal interaction between civil society and state in modern Russia in conditions of globalization is a complex, not devoid of socio-legal and political outlays, contradictory process. The author argues that the legal mechanism of interaction between the state and civil society today can be traced to the growing importance of such tools of legal interaction, as e-democracy, public examination of normative-legal acts and normative-legal acts’ projects for corruption potential, public control etc.
Keywords: civil society, legal interaction, patterns of civil society, globalization, legal awareness, legal life, legal nihilism, value of law.
Sorokin R. S. The Legal Bases of Counteraction Against Corruption in the Public Service
Roman Sergeevich Sorokin
Post-graduate student of the Department of administrative and criminal law of the Volga region Institute of administration named after P. A. Stolypin – branch of RANEPA under the President of the Russian Federation
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the feature is devoted to analysis of theoretical provisions and principles of counteraction of corruption in the public service. It considers the system of anti-corruption measures in the public service in the Russian Federation, as well as issues of dismissal from public service. It is noted that only the openness and accessibility of information about activities of government bodies and their officials do not reach the goal of combating corruption in full. Pne has offered the classification of wrongful acts in the sphere of corruption in the public service, as well as a set of anti-corruption measures directed to increase the efficiency of fight against corruption in the public service.
Keywords: opposition to corruption, anti-corruption measures, improvement of legislation, governance, implementation, offense, responsibility, public servant.
Evdokimov A. S. Organizational-Legal Bases of Maintenance of Fire Security in Population Aggregates
Alexej Sergeevich Evdokimov
State inspector of the Saratov region on fire supervision
E-mail: аеThis email address is being protected from spambots. You need JavaScript enabled to view it.
Annotation: the author investigates a new legal category of «fire safety in population aggregates, which to date has not found any legislative display, and remains virtually unexplored in the legal literature. The study is being conducted through the prism of the separation of powers of state authorities and local self-government, normative legal regulation of fire safety requirements in the population aggregates’ territories, the responsibility for their violation. Special attention is paid to the development of the conceptual apparatus.
Keywords: fire safety, town, population aggregate, housing sector, public authorities, bodies of local self-government, powers, demands, responsibility.
State and Society: Interaction Theory and Practice
Bondarenko V. E. On the Issue of the Extension of Forms of Mediation
Vadim Evgen'evich Bondarenko
Deputy Chairman of the Kirov district court of Saratov