"The Legal Culture" № 3(26) 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
Guljakov A. D. The Formation of a Federal State (at the Instance of the English¬Speaking First Colonist Countries)
Alexander Dmitrievich Guljakov
Rector of Penza State University Candidate of legal sciences, Associate professor
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Annotation: despite the profound differences between individual federal states there is a consistency in their establishment. One should consider the long-term background, immediate causes-circumstances, a stage of protofederalization, constitutional holding and formation of institutions. This scheme might be illustrated by using two first colonist English-speaking countries – the United States of America and Canada.
The first in time state to emerge the United States of America had the most favorable conditions for its establishment. Canada was less prepared for the organization of a federative state, and the Canadian elites hoped to achieve some economic benefits and to avert the threat of expansion from the south on the part of the United States.
Keywords: history of federative states, federalism in the USA, federalism in Canada, process of forming federative states, comparative federalism.
Solov'ev S. G. Theoretical and Practical Problems of Public Hearings’ Holding in the Russian Federation
Sergej Gennad'evich Solov'ev
Head of the Department of constitutional, administrative and municipal law of the South Ural State University (national research university), doctor of legal sciences, professor, Chairman of the Public chamber of the urban district of Miass, member of the Expert Council of the Committee on the Federal arrangement and local government issues of the State Duma of the Russian Federation
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Annotation: the article is devoted to scrutinizing the ideals and legal aspects of technologies used in conducting public hearings, appearing a modern form of the Russian municipal deliberal democracy.
The work investigated the condition of ideological, historical and legal foundations of the public hearings as a form of an institutionalized dialogue, a rational discourse, a discussion, a persuasion, an argumentation, certain compromises of the municipal authorities and the local community. Based on the analysis of the developed practice of holding public hearings in various Russian municipalities the article discusses the relevant basic ideas and problems of their practical implementation and legal aspects of the main technological problems arising from the public hearings’ holding, one offers directions of improvement of the legal institution and provides the forecast concerning the priority directions of its development.
Keywords: deliberal democracy, public hearings, ideals and legal technologies.
Baklanova X. Ju. Legal Culture and Legal Nihilism: the Dialectic of the Relationship
Xenija Jur'evna Baklanova
The applicant of the Academy of law and administration of the Federal Penitentiary Service of the Russian Federation
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Annotation: the article discusses two phenomena of legal life of society: the legal culture as a part of the general culture and the legal nihilism, acting as a kind of the social nihilism. One considers the theoretical approaches to the definition of legal culture and legal nihilism, and attempts to analyze their interrelation and mutual influence. The relevance of this study stems from the fact that contemporary Russian society is characterized by two indicators: the low level of legal culture and the high level of legal nihilism.
Keywords: culture, legal culture, law, legal nihilism, society.
Philosophy of Legal Culture. The Theory is Right. State Theory
Gasilin Vladimir Nikolaevich Law and Its Place in Culture (Philosophical¬Methodological Problems of Research)
Vladimir NikolaevichGasilin
Professor of the Chair of philosophy of the Volga region Institute of administration named after P. A. Stolypin – branch of RANEPA under the President of the Russian Federation
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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
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Annotation: to date, scientific research is beginning to become dominated by the cultural studies’ approach to the study of law as a component of culture. It suggests a vision of law not only in interaction with certain cultural environment, but also as an integral element, which is able to influence the culture as a whole, the processes occurring in it. The article analyses the situation of law in the culture, the interaction of law with other elements of culture from the point of view of the different approaches. One discusses the problems of interaction of law and morality, paying attention to their relationship, similarities in certain aspects.
Keywords: culture, spiritual culture, substantial cultural elements, functional elements of culture, law, morality.
Tumanov S. N. State Sovereignty: Supremacy of Power and Its Limitations
Sergej Nikolaevich Tumanov
Head of the Chair of history of state and law at the Saratov state law Academy, candidate of historical sciences, associate professor
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Annotation: the article raises the question of the capability of the theoretical constructs of state sovereignty to reflect the real processes and phenomena in the sphere of its implementation in the implementation of the state policy. Analysis of legislation, the maintenance of relations of public authorities and people in the country, the practice of global community’s response to emerging threats to the interests of states, consistent implementation of the principle of priority of the human rights and freedoms give reasons to conclude the revaluation of the main characteristics of sovereignty – supremacy and independence.
Keywords: state, state sovereignty, domestic policy, supremacy of authority, limits of state sovereignty, national sovereignty, ways of limiting sovereignty.
Alexandrova Ju. A. Political Communication of Authority and Society in Social Networks: Its Potential Role in the Development of a New Model of the Russian Public Administration
Julija Alexandrovna Alexandrova
Leading researcher of a department of the Center for scientific researches of the Volga Institute (branch) of the All-Russian State University of Justice in the city of Saratov, Candidate of political sciences
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Annotation: the article analyzes the main trends in the use of social networks in modern political process, some key features of the transformation of the discursive and practical spaces as a result of inclusion in the system of political communication interactive technologies are adduced. It is noted that if the Western European and American political processes deconstruction of socio-political relations of power and society is evident in the changing practices of interaction, in the Russian political process – in a new emphases arrangement in the authority discourse.
Keywords: social networking, political communication, political process, political power, civil society.
Kostjuchenko M. A. Some Aspects of Criminological Characteristics of the Credit Crimes
Marija Andreevna Kostjuchenko
Senior lecturer of the Chair of the criminal process and criminology of the Irkutsk Institute (branch) of the All-Russian State University of Justice
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Annotation: the paper examines the dynamics of the credit crimes, which include an illegal reception of a credit and a malicious evasion from repayment of accounts payable in the Russian Federation. Public danger of crimes is to undermine the effectiveness of such a financial institution as the credit and banking system. Mutual distrust of lenders and borrowers, is an obstacle to the development of the financial market as a whole. Losses taken by lenders are fraught with economic shocks, with the bankruptcy of the financial sector of the economy. The author comes to the conclusion that since 2009 there has been a significant increase in illegal reception of the credit and a malicious evasion from repayment of accounts payable. Currently, the level of the credit crimes in the Russian Federation tends to decrease, however, despite this, it hides within itself a threat to the financial credit system of the Russian Federation.
Keywords: criminological characteristics, crimes in the sphere of economic activity, credit crimes, illegal loan, evasion from repayment of accounts payable.
Gur'ev V. V., Rozhdestvina A. A. Social and Labour contradictions: Their Occurrence, Resolution, and Mediability
Vjacheslav Vladimirovich Gur'ev
First Deputy Director of the Volga Institute (branch) of the All-Russian State University of Justice in the city of Saratov, Candidate of economic sciences
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Anna Anatol'evna Rozhdestvina
Dean of the faculty of additional education of the Volga Institute (branch) of the All-Russian State University of Justice in the city of Saratov
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Annotation: the article is devoted to consideration of some aspects of the possibility of applying the mediation procedures to the occuring in contemporary society social and labour contradictions. The notion of such contradictions is adduced and their system is determined. On the basis of the statistics’ data one concludes that the social and legal contradictions, i.e. contradictions linked to non-compliance with labour laws arise the most frequently. The article presents options for the resolution of such contradictions. Whilst the particular attention is paid to the negotiation ways of their resolving, namely the potentialities of use of the mediation procedures. One identifies the conditions under which the social and labour contradictions will be mediable.
Keywords: social-labour contradictions, inconsistencies’ genesis, inconsistencies’ resolution, conflict, dispute, mediability, conditions of mediability
Legal Сulture of Right Creativity
Bokova L. N., Maximov V. K. Development of the Legislation of the Russian Federation in Terms of Ensuring the International Information Security the Internet
Ljudmila Nikolaevna Bokova
Deputy Chairman of the Committee on constitutional legislation and state construction of the Council of Federation
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Vadim Konstantinovich Maximov
Candidate of legal sciences
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Annotation: the article investigates the process of formation of the legal system of ensuring international information security, and information security system in the framework of the legislation of the Russian Federation. The relevance of the stated topic is determined due to the high pace of development in the global information society and informatization of all spheres of the society’s life activities, as well as the complicated political situation established in the world.
One identifies some legal problems affecting the successful formation of the system of international informative security and modernization of the legislation of the Russian Federation in the field of information security, formulates a number of proposals that contribute to the successful implementation of the state policy of the Russian Federation in the field of the international informative security.
Keywords: information globalization, information space, information society, international information security, state policy of the Russian Federation.
Spicina T. V. Stages of Development of Legislative Regulation of Alimony Obligations of Other Family Members
Tat'jana Viktorovna Spicina
Senior lecturer of the Chair of the civil law and process of the Volga Institute (branch) of the All-Russian State University of Justice in the city of Saratov
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Annotation: currently, the government pays more and more attention to the protection of the rights and interests of underage children, including in terms of recovery of funds for their maintenance from the parents. While it completely does not focus on the collectability of child alimony with other family members. Despite the fact that the interest to maintenance obligations was high throughout the existence of the sphere of family law in the USSR and Russia, the alimony obligations of other family members turned out the least developed. The possibility of the alimony obligations at issue, undoubtedly, is an additional guarantee for the disabled and needy family members.
The article highlights the main stages of the development of the legislation on the alimony obligations of other family members, one carries out their comparative legal analysis.
Keywords: family, other family members, alimony, alimony obligations.
Legal Culture of the Law Enforcement
Philippov S. A., Harlamova A, Ju. Civil Legal Liability in the Field of Providing the Veterinary Services
Sergej Alexandrovich Philippov
Associate professor of civil and family law, Saratov State Law Academy, candidate of legal sciences
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Anna Jur'evna Harlamova
Fourth year student of Saratov State Law Academy
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Annotation: the article discusses the legal normative regulation of the veterinary profession. One has analyzed the issues of civil legal liability in case of doing harm to an animal, which may occur double fold: a non-performance of obligations arising from the contract of compensated rendering of veterinary services, as well as committing a damage to property.
Keywords: animals, veterinary services, court, property, fault, responsibility.
Dzhamirze B. Ju. Revocation of the License issued to a Legal Entity as an Administrative Coercive Measure
Bjela Junusovna Dzhamirze
Senior lecturer of the Chair of administrative and criminal law of the Maikop State Technological University
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Annotation: the article discusses the question of the nature of revocation of license issued to legal entities. One analyzes the existing legislation in the framework of the research topic, it is concluded that the species’ affiliation of this measure in the system of administrative coercive measures depends on the actual condition of the normative legal regulation. The relevance of the feature is eventual due to an insufficient study of the issue in science, to a fuzzy legislative definition of revocation of the license and to a public importance of the legal phenomenon at issue.
Keywords: revocation of license, measures of administrative enforcement, administrative punishment, administrative-remedial measures, termination of legal entity’s activity, administrative responsibility, post-tort nature, administrative procedure for application of ameasure.
Legal Culture: Human Rights, Rights of the People. International Cooperation
Peretjat'ko N. M., Erjomin A. Ju. The Confidentiality of the Investigation and Human Rights: In the Culture of the Law Enforcement
Natal'ja Mihajlovna Peretjat'ko
Head of the Department of criminal 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
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Andrej Jur’evich Erjomin
Defence lawyer of the bar of Saratov region “Verdict”
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Annotation: the feature analyzes a general condition of inadmissibility of disclosure of the preliminary investigation’s data. It examines the correlation of obligations of participants of criminal proceedings and the constitutional right to seek, receive, transmit, produce and disseminate information freely by any lawful means, the right of the accused to know the charges and to defend themselves by any legal means. The result advocates the need for specification of provisions of article. 161 of the Criminal procedural code, in particular, the introduction of the list of participants of criminal proceedings, legally liable to the duty to give a subscription about nondivulgence of data on a preliminary investigation. It is proposed, in a case of need to pick a subscription about nondisclosure of the data of the preliminary investigation by an investigator or an inquiry officer to pass a special resolution.
Keywords: criminal process, rights of accused, rights of suspect, impermissibility of disclosure of preliminary investigation data, procedural status of participants of criminal proceedings, means and ways of protection from prosecution, procedural order of picking a subscription about nondisclosure of preliminary investigation data.
The Tribune of the Young Scientist
Nechaev I. E. The Choice of a Way of Defense of One’s Violated Right as a Form of Realization of the Legal Culture
Ivan Evgen'evich Nechaev
Postgraduate student of the Chair of civil and family law of the Saratov State Law Academy
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Annotation: at present the question of choice of the parties to a dispute of an appropriate means of protection of violated and (or) the disputed rights remains urgent. The feature is devoted to scrutinizing the role of the judiciary bodies in determining the appropriate remedy in the resolution of appropriate disputes. One analyzes some basic scientific concepts and court practice on the subject at issue. The practical significance of the indicated above theme is manifested primarily in the need for the formation of a uniform judicial practice.
Keywords: ways of protection of a violated right, judicial protection, subjective rights, legal obligations, judicial practice.
Batrshin R. Ju. Subjects of Administrative Jurisdiction in Legal Proceeding of Cases of Administrative Offenses in the Sphere of Protection of Objects of Cultural Heritage
Roman Jusefovich Batrshin
Applicant of the Chair of administrative law of the Russian State University of Justice
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Annotation: in the article the problems of subjects of implementation of administrative jurisdiction in the legal proceedings of cases of administrative offenses in the sphere of protection of objects of cultural heritage are considered. One provides a list of these subjects, reveals some problems of their activities. One offers some insights and directions of development of the considered institution. The relevance of the article is eventual due to the development of scientific expertise in the administrative and tort protection of the Russian cultural heritage and to enhancing the condition of the legal order.
Keywords: subjects of administrative jurisdiction, administrative responsibility, protection of cultural heritage, legal proceedings of cases about administrative offences, stages of production, administrative-punitive policy, administrative-tort jurisdiction.
Solionov A. V. The Problem of the Death Penalty in the Works by P. N. Tkachev
Alexandr Vladimirovich Solionov
Postgraduate student of the Chair of theory and history of state and law and philosophy of the All-Russian State University of Justice
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Annotation: the article discusses the publications of a prominent representative of the populist movement P. N. Tkachev, in which he addressed the question of the death penalty issue. Methodological basis of research is represented by historical-genetic and historical-comparative methods. The main conclusion of the undertaken study is the assertion that P. N. Tkachev did not find a place for the death penalty in the legislation of the political regime, embarked on the path of building socialism, but meanwhile to combat the autocracy he allowed the application of political assassinations, accelerating the approach of the revolution and the emergence of the new state.
Keywords: state, journal “Nabat”, populism, P. N. Tkachev, political assassination, revolution, death penalty, socialism.
Lukanin V. V. Corrective Labor Policy of the Soviet Union Against the Clergy During the Great Patriotic War Years
Viktor Viktorovich Lukanin
Deputy head of the educational course of the law faculty, applicant of Academy of the Federal Penitentiary Service of the Russian Federation
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Annotation: the relevance of the theme of spiritual care of prisoners in places of deprivation of freedom is getting increased in the light of contemporary trends of establishing an institute of yje prison clergy. After the October revolution of 1917 the representatives of the Russian Orthodox Church were deprived of their opportunity to carry out their activities in the places of liberty deprivation. Despite the fact that the Constitution of the USSR in 1936 formally enshrined freedom of religious cults’ delivery, actually, the convicts were deprived of it by the decree of the All-Union Central Executive Committee and the Council of People’s Commissars of the RSFSR of 8 April 1929 which forbade religious rites, ceremonies of worship, and possession of any objects of worship in places of deprivation of liberty. The majority of the clergy, deprived of their liberty, had not had any opportunity to conduct services and to provide a spiritual nourishment for other prisoners.
Changing the state church policy and restoration of the church life commenced only with the beginning of the Great Patriotic war. Thus the preconditions for cooperation between the Russian Orthodox Church and the criminal executive penal system appeared.
Keywords: corrective-labour policy, Russian Orthodox Church, Great Patriotic war, prison, convict, holy priest, religious worship, liturgy, spiritual care.
Sokolova O. G. On Appeal to the Court of Arbitration in the Context of the Institute of Jurisdiction
Oxana Gennadievna Sokolova
Applicant of the chair of the arbitration process of the Saratov State Law Academy
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Annotation: the article considers the problem of realization of the right to appeal to the court of arbitration in the context of the institute of jurisdiction of civil cases. It is proved that if you appeal to the arbitration court with a statement of claim in some cases, it is obvious that it is not the jurisdiction of the court, there should be adequate procedural consequences already at the stage of initiation of court proceedings. In addition, the article validates that the failure to comply with the rules of jurisdiction should be regarded as unconditional grounds for the abolition of solutions held in the case, because such a breach is fundamental and significant, it handicapss the implementation of the rights of the parties to a fair trial proceeding.
Keywords: litigation, arbitration court, jurisdiction, unconditional basis to cancellation, court decision, judgement claim.
State and Society: Interaction Theory and Practice
Grigor'ev A. N. On State Protection of Rights and Interests of Man and Citizen
Alexej Nikolaevich Grigor'ev
Director of " Juridicheskaja praktika "Excellent Prof” limited liability company, candidate of legal sciences
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Dubrovina M. O. Issues of Insignificance of Administrative Offences in the Foreign Currency Sphere
Madina Olegovna Dubrovina
Senior state inspector of the Territorial directorate of the Federal service of financial-budgetary supervision in Moscow; postgraduate student of the correspondence form of training of the administrative and financial law chair of the Russian State University of Justice (Russian Law Academy of Ministry of Justice of Russia)
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Bondarenko V. E. To the Question of "Mediability" of Disputes Arising from Employment Legal Relationships
Vadim Evgen'evich Bondarenko
Deputy Chairman of the court of the Kirov district of the court of Saratov
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Provision of Legal Assistance for Free. Advices of Practicing Lawyer
Chumakova O. V. Problems of Access of Citizens to Free Legal Assistance at the Onset of a Difficult Life Situation
Ol'ga Vladimirovna Chumakova
Director of legal clinic of the All-Russian State University of Justice, Associate professor of the Chair of administrative and financial law of the All-Russian State University of Justice, Candidate of legal sciences, Associate professor
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