"The Legal Culture" № 4(27) 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
Cybulevskaja O. I., Milusheva T. V. Values of Legal Culture and Russian Statehood
Ol'ga Ivanovna Cybulevskaja
Head of the department of theory of law of the Volga Region Institute of Management named after P. A. Stolypin– branch of the Russian Academy of National Economy and Public Administration (RANEPA) under the President of Russian Federation, doctor of legal sciences, Professor
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Tat’jana Vladimirovna Milusheva
Head of the department of civil law & process of the Volga Region Institute of Management named after P. A. Stolypin – branch of the Russian Academy of National Economy and Public Administration (RANEPA) under the President of Russian Federation, doctor of legal sciences, Associate professor
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Annotation: the present feature discusses the current state of legal culture in Russia, its peculiarities, factors of formation, development perspectives. The authors proceed from a broad understanding of legal culture beyond the legal space of matter limits, in which the socially significant human and social life is refracted. Russian legal culture is a transition, contains multidirectional trends: “inherited” the most rational, proven items of legal culture, as well as relatively new ones, shaping in the conditions of the post-Soviet reality. Special attention is paid to the values of legal culture in the conditions of formation of civil society and legal state.
Keywords: legal consciousness, legal culture, justice, lawfulness.
Kozlova E. B. Problems of Formation and Implementation of Regional Policy of Anticorruption Awareness Raising at the Present Stage
Elena Borisovna Kozlova
Director of the center for scientific research, professor of the department of civil & entrepreneurial law of the All-Russian State University of Justice, doctor of legal sciences, Associate professor
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Annotation: the article is based on the study of regional legislation which forms the anti-corruption policy of constituent entities of the Russian Federation, and leads to a conclusion about the availability of systematic errors in establishing the mechanisms of anti-corruption awareness raising. One reveals a discrepancy between regional legislation and the Model law on education, adopted in St. Petersburg 07.12.2002 by the Inter-Parliamentary Assembly of States – participants of the CIS. One proposes a number of measures for the development of the system of regional anti-corruption awareness raising related to the expansion of the circle of subjects of the anticorruption policy, to the development of the awareness raising functions of anti-corruption activities, to the introduction of new awareness raising anti-corruption programmes.
Keywords: corruption, awareness raising, anti-corruption awareness raising, anti-corruption legislation of constituent entities, anti-corruption awareness raising programmes, anti-corruption regional policy, awareness raising activity, subjects of awareness’ raising activities.
Philosophy of Legal Culture. The Theory is Right. State Theory
Vorob'ev S. M. Individual Social and General Social Levels of Focus of Psychic Violence: the Problem
Sergej Mikhajlovich Vorob'ev
Professor of the department of theory of state & law, international and European law of the Academy of Federal Penitentiary Service of Russia, doctor of legal sciences, Associate professor
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Annotation: the present scholarly feature is devoted to the problems of the risk of causing psychological violence, it considers the linkages causing this violence with negative consequences for society and the individual. Based on the study of opinions of various scholars, the author comes to the conclusion about the necessity of legislative consolidation of the definition of psychological violence, offers a definition of psychological violence is individual-social and society-wide level. The paper used is modern, scientific and special methods of cognition: analysis, synthesis, historic-legal, structural-functional, normative, logical, complex ones. Scientific novelty of the work consists in the consideration of psychological violence, given its prevalence and the danger to society and man. The author does not claim to offer unambiguous definitions of psychological violence of individual and social levels, makes the conclusion about the feasibility of bearing some further research and the development of both these and other concepts associated with mental violence.
Keywords: mental violence, fear, harm, crimes, impact, society, man.
Sergun E. P. Domestic Crime as a Criminological and Moral-cultural Category
Evgenij Petrovich Sergun
Associate Professor of the department of criminal law, administrative law and procedure of the Gorno-Altaisk State University, candidate of legal sciences
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Annotation: the article presents the author’s criminological definition of “domestic crime” through defending the thesis that family and domestic relationship as any other type of social interaction, is able to determine criminal behavior. The family, as the traditional socio-cultural institution has a moral component, the content of which may run contrary to modern legal notions of legitimate behavior. The question of how legitimate the state intervention in the established family domestic order would be, though it still remains debatable. However, it is expected that the family should be the object of criminological study not so much as the environment in which one can implement one’s criminal intents, but rather as a sphere of social relations that generate the causes and conditions of deviant behavior subject to scientific scrutiny. Otherwise, the allocation of criminofamilistics as an independent branch of criminology seems far from being obvious.
Keywords: family domestic crime, domestic violence, criminofamilistica, types of crime, crime prevention, criminological policy.
Lipatov Je. G. Problem of Increase of the Level of Legal Culture of the Society in the Context of Legal Regulation of Charitable Activities
Jeduard Georgievich Lipatov
Head of the department of administrative & criminal law of the Volga Region Institute of Management named after P. A. Stolypin – branch of the Russian Academy of National Economy and Public Administration (RANEPA) under the President of Russian Federation, doctor of legal sciences, professor
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Annotation: the article examines the impact of charitable activities on solving the tasks of the social state. The charity is analyzed as an alternative way to meet the social needs of society, which does not require any costly bureaucratic power mechanism of social wealth distribution. One analyzes the problems of development of legal relations in the field of philanthropy in the modern period in the Russian Federation, and also certain questions of increase of legal culture of society in the context of legal regulation of charitable activities.
Keywords: charitable activity, welfare state, charitable organization, non-profit organization, public association.
Isakov I. N. The Legal System of a Society: Basic Characteristics
Igor' Nikolaevich Isakov
Doctoral student of the department of theory of state & law of the Saratov State Law Academy, candidate of legal sciences, Associate professor
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Annotation: the feature subjects to analysis the legal system as one of the key social, cultural and legal phenomena of society, provides its detailed characteristics as a holistic cultural and legal phenomenon. Careful attention is paid to justification of the fact that the legal systems of the countries with federal arrangement require some special in-depth study. For the argument one notes that in many countries the socio-legal reality regularly gets complicated on the ethnic grounds and requires that politicians and legal scholars would have improved or found new approaches concerning certain priorities and ways of development of national legal systems.
Keywords: legal system, legal culture, state, political system, legal institutions, regional legal systems, legal organizations, legal development.
Bytko S. Ju. To the Question About the Mechanism of Preventive Effects of Criminal Punishment
Sergej Jur'evich Bytko
Associate Professor of the department of criminal law and procedure of the Volga Institute (branch) of the All-Russian State University of Justice, candidate of legal sciences, Associate professor
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Annotation: the feature analyzes the provisions of the criminal law theory about the mechanism of preventive effects of criminal punishment. It is justified that the main factor of the preventive influence remains the threat of causing suffering and their actual enduring. One examines the potential of the states to expand measures to prevent crime associated with increasing the public exposure on the behavior of individual citizens. One adduces the data obtained by the author about certain categories of citizens’ attitudes to committing crimes.
Keywords: criminal punishment, mechanism of preventive influence, general and special prevention.
Saltykov K. G. Peculiar Features of Interpretation of the Functioning of Legal Terminology
Konstantin Gennad'evich Saltykov
Associate Professor of the department of civil and legal disciplines of the Far Eastern Judicial Institute of the Ministry of Internal Affairs of Russia, candidate of legal sciences, Associate professor
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Annotation: the article discusses the peculiarities of interpreting some legal terminology associated with its dynamism and active influence on the process of legal regulation of social relations through the actions of its subjects and participants. The functions of interpreting some legal terminology reflect its social, constructive essence, its ability to uncover and clarify the legal provisions to ensure the unity of their implementation, their uniform interpretation and application of the units of the legal language. The study of the functional peculiaritiies of interpretation of legal terminology expands the boundaries of the doctrine of the legal language, including into its structure some peculiarities of the functions of semasiological search carried out in relation to the terms which establish the basis of the legal text.
Keywords: features of interpretation of legal terminology, functions, unit of legal text, legal language, special terminology, semantic search.
Legal Сulture of Right Creativity
Krajneva O. L. Criminal Liability for Nonviolent Crimes Against Sexual Inviolability of Minors
Ol'ga Leonidovna Krajneva
Associate professor of the department of criminal law & procedure of the Volga Institute (branch) of the All-Russian State University of Justice, candidate of legal sciences
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Annotation: the author provides an analysis of articles 134 and 135 of the Criminal Code of Russian Federation, on the basis of which some suggestions are made for improving these criminal and procedural norms in order to implement the principle of justice in sentencing for non-violent crimes against sexual inviolability of minors. The focused attention of the authorities and that of the public to committing crimes against minors, as well as trends of growth of their quantity determine the relevance of this study.
Keywords: non-violent crimes, sexual immunity of minors, contact sexual abuse, non-contact sexual abuse.
Sedova G. I., Komova Ju. V. Some Issues of Legal Regulation of the Participation of Legal Entities in Criminal Proceedings
Galina Ivanovna Sedova
Associate professor of the department of criminal procedure of the Saratov State Law Academy, candidate of legal sciences, Associate professor
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Julija Valer’evna Komova
Applicant of the department of criminal procedure of the Saratov State Law Academy
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Annotation: the feature discusses the concept of a “legal entity’ body” and a “representative” through the analysis of two theoretical concepts and existing legislative acts. One has undertaken an attempt of correlation of these notions on the basis of the legal relations regulated by the criminal procedural law. A clear definition of their relations affects the completeness, comprehensiveness and objectivity of the investigation in a criminal case in which a legal person is found a victim.
Keywords: representation, a legal entity’s body, a representative.
Legal Culture of the Law Enforcement
Gromov V. G., Kargina A. S. Mediation in the Penal Executive System and Legal Culture of the Convicts
Vladimir Gennad'evich Gromov
Professor of the department of criminal, environmental law and criminology of the Saratov national research state university named after N. G. Chernyshevsky, doctor of legal sciences, professor
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Anastasija Sergeevna Kargina
Master student of the law faculty of the Saratov national research state university named after N. G. Chernyshevsky
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Annotation: the article emphasizes the promising outlook of the use of mediation procedures to resolve conflicts among inmates, relationships among inmates in correctional institutions characterized by excessive tension, conflict, aggression. One defines goals, objectives and functions of mediation in the penal executive system. The convicts with the help of mediation acquire practical skills of law-abiding behavior, improve their level of legal culture that will help after release from punishment, to avoid unnecessary disputes and conflicts, thereby restraining from committing new crimes.
Keywords: mediation, convicts, correctional institutions, conflict, dispute, penal executive system, legal culture, mediation functions.
Bondarenko M. V., Stroeva O. A. Legal Culture of Participants of the Road Traffic as a Necessary Condition to Ensure Its Security
Maxim Vladimirovich Bondarenko
Associate professor of the Academy of the Federal Guard Service (FSO) of Russia, candidate of legal sciences, Associate professor
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Oxana Alexandrovna Stroeva
Lecturer of the department of special training of the Oryol juridical institute of the Ministry of Internal Affairs of Russia named after V. V. Luk'janov, candidate of legal sciences
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Annotation: the legal culture of participants of the road traffic is an essential requirement for the road traffic safety, its purpose and an integral part, which not only characterizes the degree of legal development of personality, but it also expresses the level of its legitimate activities in the road environment. As a condition of the provision of the road traffic safety, the legal culture is inextricably linked with the consciousness of the individual and depends on legal education. It manifests itself in a variety of facts, which acquire their values by reflecting themselves in the consciousness of the road traffic participants, of their respective lawful and unlawful actions. The relevance of the topic became particularly acute during the last decade due to the extremely low discipline of the participants of the road traffic, what has been discussed in the long-term target programme “Improving the Road Traffic Safety for the period 2012-2020”.
Keywords: legal culture, legal awareness, road traffic, traffic safety, anticulture, legal education, discipline of the road traffic participants.
Legal Culture: Human Rights, Rights of the People. International Cooperation
Burdo E. P. Ways of Dealing with the Violation of the Rights of Children in the Family in the Russian Federation and Abroad
Evgenij Petrovich Burdo
Doctoral student of the All-Russian State University of Justice, Commissioner under the President of the Republic of Mari El on the rights of the child, candidate of legal sciences, Associate professor
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Annotation: the problem of domestic family violence, and especially violence against children, until recently was not often discussed. Unfortunately, today the problem’s acuity in Russia is increasing. Its complexity lies in the fact that it manifests itself only when the situation becomes truly critical. The paper discusses the abuse of children, ways to avoid violence, foreign experience of punishment the guilty and measures of fight against offenses in the sphere of immunity of the child.
Keywords: abuse, children, violence against children, protection of rights of child, punishment, prevention.
Saenko L. V. Uniformity of Judicial Practice on Cases with Participation of Foreign Element in the Sphere of Protection of Family Rights Through the Prism of the Legal Culture
Ljudmila Vladimirovna Saenko
Head of the department of civil law & procedure of the Volga Institute (branch) of the All-Russian State University of Justice, candidate of legal sciences, Associate professor
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Annotation: the desire for uniformity in the application of norms of the family legislation can be considered as a necessary component of the overall legal culture of subjects of law enforcement. The article describes the main directions of the processes of achieving uniformity of judicial practice on cases with participation of the foreign element in the sphere of protection of family rights. One has identified some problems faced by the law enforcers in the process of resolution of cases complicated by any foreign element. One has formulated the position of the author on processes of unification and harmonization of the family legislation and the author’s interpretation of the definition of “uniformity of judicial practice”.
Keywords: family relations, law enforcement, judicial practice, foreign element in legal relations.
Sabitova Je. N. Deprivation of Parental Rights as a Way of Protecting the Child’s Rights Under the Legislation of the Russian Federation: Issues of Family and Legal Culture
Jel'vira Nailevna Sabitova
Applicant of the department of civil & entrepreneurial law of the All-Russian State University of Justice
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Annotation: urgent problem of modern Russia is protection of the child’s rights. The researchers note that at the moment the institution of family loses its authority, traditional family structures are destroyed. One of the solutions to the problem of protection of the child’s rights is the improvement of the regulatory legal framework, particularly in relation to regulating some parental responsibility in the upbringing of children. There is also a clear need to improve in the society the authority of the institution of the family. Deprivation of the parental rights of the father or mother is an extreme measure of responsibility of parents for their guilty behavior toward their children.
Keywords: deprivation of parental rights, way to defend rights, parents, child, family-legal responsibility.
Kamalova G. G. Problems of Counteraction to Abuse of the Law in Informational Sphere
Gul'fija Gafijatovna Kamalova
Associate Professor of civil and arbitration procedures of the Izhevsk Law Institute (branch) of the All-Russian State University of Justice, candidate of legal sciences
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Annotation: the article discusses one of the types of the law abuse, i. e. the abuse of information rights in the aspect of ensuring information culture in the information society. The diligence of rights’ and freedoms’ enjoying is of particular importance for the information of law, because the information rights and freedoms are not unlimited. Currently, the phenomenon of abuse of information rights and freedoms is not sufficiently studied by specialists, although in practice there are various ways of violation of the diligent enjoying of the rights in the information sphere. The author dwells on some of the most characteristic manifestations of the abuse of information rights. On the basis of the analysis it is proposed to improve the legislation by amending the Federal law “On information, information technologies and protection of information”.
Keywords: abuse of law, legal culture, limit of exercising rights, principle of good faith, constitutional law, information law, information relationships, interest, balance of interests.
Pashaev H. P. Family Illbeing as a Determinant of the Formation of a Juvenile Offender (at the Instance of the Republic of Altai)
Halik Parvizovich Pashaev
Head of the department of criminal law, administrative law and process of the Gorno-Altaisk State University, candidate of philosophical sciences, associate professor
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Annotation: the article deals with some urgent problems of counteracting the family domestic violence, generating a nursery crime. One examines the role of the family in the production of both normal and deviant behavior of minors. One analyses some types of violence and the statistics of crimes committed by the juveniles, as well as the causes and conditions conducive to the formation of a juvenile offender, taking into account some regional peculiarities of the Republic of Altai. One addresses the question of the effectiveness of legislative, administrative, social and awareness rising measures taken for the sake of the child’s protection against all forms of violence, either physical or psychological one, as well as against injury or abuse, neglect or negligent, maltreatment or exploitation, including sexual abuse by parents, legal guardians or any other persons caring for the child.
Keywords: family, crime, juvenile, violence, family crime, household crime, crime prevention.
Legal Culture and Education
Mal'ceva O. A., Mal’ceva V. R. Personality-Centered Approach to Learning as a Factor of Formation of Legal Culture of Military Students (Trainees) of Educational Institutions
Ol'ga Alexeevna Mal'ceva
Deputy head of the department of special training of the Oryol juridical institute of the Ministry of Internal Affairs of Russia named after V. V. Luk’janov, candidate of pedagogical sciences
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Viktorija Ruslanovna Mal'ceva
Military student of the Oryol juridical institute of the Ministry of Internal Affairs of Russia named after V. V. Luk’janov
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Annotation: the article defines the content of a legal culture in the process of training military students (trainees). One has examined some different points of view of scholars towards understanding the personality-centered approach to learning. One has formulated some psychological peculiarities of formation of the legal culture in the learning process. One has adduced some results of the survey of military students (trainees) of educational institutions of the Ministry of Internal Affairs of Russia. One has detected the peculiarities of the personality-oriented approach towards the formation of legal culture of students in educational institutions of the Ministry of Internal Affairs of Russia.
Keywords: training, legal culture, military students, trainees, educational institutions of the Ministry of Internal Affairs of Russia, personality-oriented approach.
The Tribune of the Young Scientist
Roy A. A. Development of Legal Culture as an Integral Element of Civil Legal Liability of Public Legal Entities
Anastasia Alexandrovna Roy
Graduate student of the department of civil & family law of the Saratov State Law Academy
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Annotation: the article discusses the necessity of increasing the level of legal culture in order to effectively and timely apply some civil legal liability of the public legal entities. Civil legal liability allows citizens and other subjects of civil law to restore their violated rights and freedoms, to compensate them for the losses eitherz associated with the failure or improper performance of obligations, etc. The article identifies a number of legal peculiarities concerning the liability of some public legal entities, one analyzed certain problematic aspects in the area of responsibility of the public legal entities, one offered ways for resolving them.
Keywords: legal culture, public legal entities, civil legal liability, subsidiary liability.
State and Society: Interaction Theory and Practice
Borsuchenko S. A. Specific features of sentencing and executing punishments in France
Svetlana Alexeevna Borsuchenko
Associate Professor of the department of criminal law and criminology of the All-Russian State University of Justice, candidate of legal sciences, Associate professor
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