"The Legal Culture" № 1(28) 2017
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
Seregin A. V. Shape Optimization of the Slavic States – the Path to the New Quality of the Legal Culture of the Peoples: a Historical Aspect
Andrej Viktorovich Seregin
Associate professor of the department of state legal disciplines of the Rostov Institute (branch) of the All-Russian State University of Justice, candidate of legal sciences
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Annotation: the feature analyzes the origins of the Slavic legal culture that affect the current reality of the organization of political power. Special attention is paid to the question of finding some optimal shape of the Russian state, taking into account its rich historical experience. The relevance of the study is to debunk the myth about the evolutionary history of the forms of the Slavic states. It is proposed to analyze the evolution of the medieval forms of the Slavic states to identify their legal and historical similarities and differences, knowledge of which would allow to solve successfully the international legal and domestic state problems.
Keywords: legal culture, Middle Ages, form of state, Slavs, law, ancient Russia, veche, state territorial structure, constitution, state legal regime.
Arutjunova S. E. Moral and Ethical Features of the Status of Sivil Servants
Susanna Eduardovna Arutjunova
Associate Professor of the department of state and legal disciplines of the Saratov State Law Academy, candidate of legal sciences, associate professor
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Annotation: the article concerns some topical aspects of the status of civil servants. Professionalism and competence, transparency, public oversight, anti-corruption, ethics and culture in the activities of an employee of one or the other type of public service are essential elements of formation of legal consciousness, reflect the population’s attitude to the law, and thus to the public authorities’ bodies in persons of modern officials. The key problem of public service today can be called the decline of its prestige and credibility in society.
Annotation: The main purpose of the article is the analysis of legal culture in the activities of modern civil servants, the quality of recruitment of professional personnel in the public service’s system.
Keywords: state, public administration, public servant, transparency of public service, legal culture, anti-corruption.
Philosophy of Legal Culture. The Theory is Right. State Theory
Gavrilova Ju. A. Normative-value Approach to Law: a Cultural Studies’ Dimension
Gavrilova Julija Alexandrovna
Associate Professor of the department of theory and history of law and state of the Volgograd State University, candidate of legal sciences, associate professor
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Annotation: the relevance of the chosen topic of the article is related to that within the frameworks of the problem of the law understanding the correlation of the normative and axiological components of the law remain unclear, although all scholars recognize the significance of each of these components. The feature discusses the normative-value approach to law, according to which the legal values, mediated by ideas and requirements of the expedient legal regulation and the law norms express the basic semantic content as the current legislation and practice of its implementation, and taken in unity are simultaneously the most generic and fundamental characteristics of the legal progress, those of the level of development of legal culture of society. In result, the legal culture represents nothing but “a concentrated expression” of the sense of law in this specific historical society.
Keywords: sense of law, norm of law, legal value, legal culture, legal progress, needs, interests, goals.
Skorobogatov A. V., Krasnov A. V. Legal Behavior as a Phenomenon of Legal Reality
Andrej Valer'evich Skorobogatov
Professor of the department of state legal disciplines of the Kazan Institute (branch) of the All-Russian State University of Justice, doctor of historical sciences, associate professor
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Alexandr Valer'evich Krasnov
Associate professor of the department of theory and history of law and state of the Kazan branch of the Russian Academy of Justice, candidate of legal sciences, associate professor
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Annotation: the purpose of the feature consists in a comprehensive study of the phenomenon of legal behavior in legal reality. On the basis of the post-classical scientific paradigm this feature argues that legal behavior is an ordered set of socially important acts of individual determined by psychological, social and legal factors, first of all, a legal archetype, and targeted at meeting the legal needs (interests and aspirations) in order to obtain a socially beneficial or acceptable outcome. One highlighted the essential properties of legal behavior, in particular social, psychological, legal, political ones. Being determined not only with legal, but also with socio-cultural factors this category allows to define the degree of involvement of individual into legal reality.
Keywords: legal behavior, legal reality, legal experience, legal awareness, unwritten law.
Babenko V. N. Legal Policy in the Ukraine (1991–2016): from the Soviet Law to the “Maidan” One?
Vasilij Nikolaevich Babenko
Professor of the department of theory and history of law and state and philosophy of the All-Russian State University of Justice, doctor of historical sciences, professor
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Annotation: the feature discusses the main directions of legal policy in Ukraine during 1991–2016. Its essence and content had experienced a big impact of inconsistency and discrepancy of internal and external policy by the Ukrainian leadership, which until February 2014, sought to balance between the European Union and Russia, meanwhile neglecting the national interests of the country. All this led to the coup d’état of 2014, a major overhaul of the foreign policy and socio-economic strategy and a radical change in legal policy.
Keywords: Ukraine, legal policy, legal system, foreign policy strategy, 1991–2016, Russia, European Union, NATO, coup d’état of 2014.
Bondarev A. A., Boeva M. A. The Factors That Determine the Quality Features of the Legal Awareness of the State and Municipal Officials
Alexandr Alexandrovich Bondarev
Head of the department of special training of the Oryol law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov, candidate of legal sciences, associate professor
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Milana Alexandrovna Boeva
Instructor of the department of special training of the Oryol law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov, candidate of legal Sciences, associate professor
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Annotation: the feature examines the most important objective and subjective factors determining the process of formation, functioning and development of legal awareness of the state and municipal officials within the context of contemporary Russian realities. Special attention is paid to the analysis of the correlation of the legal consciousness of the stated categories of civil officials with their moral and political consciousness, their level of professionalism, as well as the condition of the socio-economic and political situation in the country. One justifies the necessity of formation in the modern Russian state of the institute of the constitutional responsibility of public officials.
Keywords: legal culture, legal consciousness, moral consciousness, civil officials, legitimacy, competence, legal nihilism.
Gur'ev V. V., Rozhdestvina A. A. On Some Aspects of the Formation of Culture of Detecting and Solving Social and Labour Contradictions
Vjacheslav Vladimirovich Gur'ev
First deputy director of the Volga Institute (branch) of the All-Russian State University of Justice, 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
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Annotation: the article is devoted to consideration of some aspects of the formation of culture of detecting and solving social and labour contradictions, which is a part of the legal culture of the state, the bearers of which are all citizens carrying out labor functions. The article focuses its attention on new methods of formation of culture like social audit as a method of detecting social and labour contradictions, that of mediation and mediative approach as methods of solving social and labor contradictions. The authors note that the choice of methods depends on the type of a social and labour contradiction.
Keywords: social-labour contradictions, culture, detection, resolution, social audit, mediation, mediative approach.
Legal Сulture of Right Creativity
Brusenskaja L. A., Kulikova Je. G. On the Toposes in the Legal Rhetorics
Ljudmila Alexandrovna Brusenskaja
Professor of the department of the Russian language and speech culture of the Rostov state economic university (Rostov institute of national economy (RINH))
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Jella Germanovna Kulikova
Professor of the department of liberal arts and socio-economic disciplines of the Rostov Institute (branch) of the All-Russian State University of Justice, doctor of philological sciences, professor
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Annotation: the urgency of this feature is connected with the necessity of the revival of the legal rhetorics. For your persuasive speech you need the ability to see the problem from inside, to analyze alternatives, to build arguments and counterarguments. The feature reveals the notion of a topos as one of the most ancient and fundamental concepts of rhetorics in general and rhetorics in law in particular. One can talk about two types of the toposes: public and private ones. Common toposes contribute to the deployment of the text, and private ones are a thematic repertoire proper. Common toposes include the division of the subject into kinds, private ones – the introduction of specific topics.
Keywords: topos, legal rhetorics, text, law, concept, fact, event.
Legal Culture of the Law Enforcement
Torbin Ju. G. Legal culture of effecting an examination (legal, tactical, ethical, moral aspects)
Jurij Georgievich Torbin
Professor of the All-Russian State University of Justice, doctor of legal sciences, professor
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Annotation: the article is devoted to the characteristics of the legal culture of an investigator, which should contribute to the effectiveness of execution of an examination as an investigative action, aiming primarily at the detection of traces of a crime or special signs on the body of a living person.
Keywords: legal culture, professional culture, procedural requirements, investigator, morality, ethics, tactic techniques, examination, examined person, investigative action.
Zinchenko A. I., Zinchenko E. A. Corporate Relations: Theoretical and Legal Analysis
Alexandr Ivanovich Zinchenko
Associate professor of the department of civil law and 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, candidate of legal sciences, Honored lawyer of the Russian Federation
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Evgenij Alexandrovich Zinchenko
Senior lecturer of the department of civil law and 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
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Annotation: the feature analyzes some modern approaches to the definition of corporate relations in civil law. One discusses the new organizational legal form of legal entities where the corporate relations emerge. It is concluded that corporate relations are included into the subject of civil law regulation, in accordance with them there emerge some administrative, labor and other relations, one permits the use of the corporate law norms to legal entities of non-corporate type.
Keywords: corporate relations, corporate law, organizational legal form, legal entities.
Fedorchenko E. V. Legal Technology of Court Judgments as a Criterion of the Level of Legal Culture
Elena Vjacheslavovna Fedorchenko
Instructor of the department of general education and legal disciplines of the All-Russian State University of Justice
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Annotation: currently, issues associated with the legal technicalities in the courts’ activities become of particular relevance because the efficiency of judicial activities depends on a technical stockpile of tools used in the administration of justice, and on the level of professional training of the judiciary, who use these tools. The feature emphasizes the relationship among legal techniques and legal culture, highlights some issues of law enforcement court technology applied as a criterion level of professional training of judges.
Keywords: legal culture, legal techniques, law making, law enforcement, judicial decisions, legal linguistics, written speech culture.
Legal Culture: Human Rights, Rights of the People. International Cooperation
Kolomytcev N. A., Odincova L. N. Problems of Criminal Punishment as the Life Time Imprisonment in Contemporary Russia and Foreign Countries
Nikolaj Alexeevich Kolomytcev
Professor of the Vladimir State University, doctor of legal sciences, professor, Honored lawyer of the Russian Federation, Honorary officer of Ministry of Internal Affairs of Russia
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Ljubov’ Nikolaevna Odincova
Associate professor of the department of criminal law of the Kuzbass institute of the Federal service of execution of punishments of Russia, candidate of legal sciences, associate professor, colonel of internal service
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Annotation: the relevance of the article is determined by the tendency of increasing the penalty of life long imprisonment in Russia and foreign countries. A general characteristics of a person sentenced to a life long imprisonment has been provided. One emphasizes the role of the court in the appointment of the mentioned punishment. One substantiates the author’s proposals for an improvement of certain norms of current criminal and criminal-executive legislation. One has justified some recommendations for the police and the criminal penal system officers.
Keywords: lifetime imprisonment, criminal punishment, alternative to death penalty, parole, especially serious crimes, criminal penalty assignment, convicts, correctional colony of special regime.
The Tribune of the Young Scientist
Agabekova L. G. Legislative Bodies as Legal Policy Building Subjects
Ljudmila Grigor'evna Agabekova
Post graduate student of the department of theory of state and law of North-Caucasian Federal University
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Annotation: the feature considers the involvement of Parliament in the implementation of legal policy of the state. Important role in the implementation of legal policy belongs to the legislative authority bodies. The feature focuses on the activities of the upper chamber of parliament, substantiates the necessity of improvement of interaction of the chambers of the Federal Assembly, proposes new conditions for the introduction of bills by deputies of the State Duma, analyzes and reviews their legislative initiatives, explores the issues of legislative regulation of the lobbying activities.
Keywords: State Duma, Council of Federation, legal policy, legislative initiative, deputies, law making, law, lobbying activity.
Chebotareva T. V. Social and Cultural-moral Problems of Pre-trial Proceedings of Cases of Crimes Against Sexual Inviolability of Minors
Tat'jana Vladimirovna Chebotareva
Post-graduate student of the department of criminal law of the Saratov State Law Academy
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Annotation: the feature explores the problems of pre-trial proceedings of crimes against sexual inviolability of minors on the stage of instating a criminal case and preliminary investigation. Substantiation for this category of crimes is sometimes very difficult and presents a particular challenge for the law enforcement authorities. The feature also touches upon the problems of pre-trial proceedings at a relatively new for our country type of crime against sexual inviolability of minors committed through the Internet networks.
Keywords: investigation, substantiation, juvenile, pre-trial proceeding, sexual integrity.
Akopov V. A. A Parking Lot as an Object of Civil Rights: Problems of Legislative Regulation in the Context of Increasing the Level of Legal Culture
Vladimir Alexandrovich Akopov
Postgraduate student of the Department of civil and entrepreneurial law of the All-Russian State University of Justice
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Annotation: in connection with the insertion of amendments to the first part of the Civil code and certain separate legislative acts of the Russian Federation since January 1, 2017, such a new property object as a parking lot has received its legislative consolidation (clause 1, article 130 of the Civil Code of the Russian Federation). The feature examines a parking lot as an object of civil rights. The author analyzes some problematic aspects of the burden of the maintenance of such an object within the context of increasing the level of legal culture of a citizen. It is proposed to continue to hold an analysis of the law enforcement practices and to insert some changes into the housing legislation of the Russian Federation.
Keywords: parking lot, legal culture, civil rights’ object, maintenance burden, ownership’s right, legal regulation.
Tjuljakov D. S. Towards the Question of the Necessity and Promising Outlook of a Narrow Approach to the Study of Risk in the Theory of Law
Dmitrij Sergeevich Tjuljakov
Full-time graduate student of the Saratov State Law Academy
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Annotation: the feature emphasizes the complexity and peculiar urgency of the development of a risk category exactly within the frameworks of the science of the theory of state and law. One describes the classification of risks by their functional orientations, branch belonging, time setting. One discusses three main approaches to understanding of legal risks in the domestic law science – a narrow one, a broad one, and a universal one. One adduces the arguments testifying the necessity and promising outlook of the examination of legal risks in their narrow sense. Risk is defined as an integral element of the mechanism of legal regulation. It is noted the dialectical relationship between the risk and the protective measures by law. The author’s definition of a legally significant risk is verbalized.
Keywords: risk in law, protection of law, mechanism of legal regulation, objectively wrongful act.
State and Society: Interaction Theory and Practice
Akaeva N. O. Legal Bases of the Arbitration Managers’ Self-regulating Organizations’ Activity
Natalija Olegovna Akaeva
Chief specialist-expert of the department for control and supervision in the area of self-regulatory organizations
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Bondarenko V. E. To the Question of Judicial Mediation
Vadim Evgen'evich Bondarenko
Deputy Chairman of the Kirov district court of Saratov
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Reviews
Mordovec A. S. Review of materials of the All-Russian scientific-practical video conference on "Legal culture, legal policy and human rights: XXI century"
Aleksandr Sergeevich Mordovec
Professor of the department of state and legal disciplines of the Volga institute (branch) of the All-Russian state university of justice in the city of Saratov, the deputy chief editor of the journal of "Pravovaja kul'tura ", doctor of legal sciences, professor, Honored employee of higher school of the Russian Federation
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