"The Legal Culture" № 3(30) 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
Mal'ko A. V., Kostenko M. A. Legislative Policy and Legal Technologies
Alexandr Vasil'evich Mal'ko
Director of the Saratov branch of the Russian Academy of Sciences’ Institute of state and law, doctor of legal sciences, professor, Honoured schoolar of the Russian Federation
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Margarita Anatol'evna Kostenko
Associate professor of civil and corporate law of the Institute of management in economic, environmental and social systems of the Southern Federal University, candidate of legal sciences, associate professor
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Annotation: the feature considers some approaches to the definition of legal technologies and their implications for law-making policy as a means of exercising a piece of effective legislative work. The task of the law-making policy is a scientific justification of strategies and tactics of law-making, strengthening of the scientific component when making legislative decisions and assisting in improving its efficiency. The involvement of the legal procedures for the formation and implementation of legislative policy contributes to the optimization of the procedural issues and to the most consistent use of technical and legal tools. The value of interaction between legislative policy and legal technologies could be seen in the aspect of realization of the state tasks of the strategic planning and optimization steps for the implementation of an evolutionary change in the law on the basis of their support for legal remedies.
Keywords: lawmaking policy, legal technologies, legal technics, legal act, legal strategy, legal tactics.
Philosophy of Legal Culture. The Theory is Right. State Theory
Skorobogatov A. V. Legal Value As a Legal Category
Andrej Valer'evich Skorobogatov
Professor of the Department of Theory of State and Law & Public Disciplines of the Kazan Innovational University named after V. G. Timiryasova, Doctor of Historical Sciences, Associate Professorr
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Annotation: the subject of the article is a development of a theoretical model of a legal value as an intersubjective category that determines the attitude of subjects (individuals, local groups, society) to different levels of legal reality (law-making, law-implementing, legal behavior). The feature considers essence, content, properties, classification, functions of a legal value, specific traits and determinants of its formation. One focuses on the scrutiny of intellectual and sensual meanings of a legal value at different levels of legal reality. By possessing some subjective-objective properties, the legal value acts as an axiological basis of the legal identification of an individual.
Keywords: legal value, legal reality, post-classical paradigm, anthropological & legal methodology, legal behaviour, legal consciousness, legal awareness, legal mentality, unwritten law, legal tradition.
Fedjunin A. E., Bochkarev M. V. Social and Legal Facets of the Legal Culture of Labour Formation
Anton Evgen'evich Fedjunin
Professor of the criminal procedure department of the Saratov State Academy of Law, doctor of legal sciences, associate professor
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Mihail Viktorovich Bochkarev
Associate Professor of the labour economics and industrial amalgamations’ department of the Saratov State Technical University named after Yu. A. Gagarin, candidate of legal sciences
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Annotation: the feature considers some social and legal problems of formation of legal culture of labour in the innovative facets of legalization of informal employment and reform of the modern Russian legislation, and the current social and economic situation. The co-authors have observed that in the current socio-economic situation, the theoretical understanding, approbation and introduction of financial-economic activity of the options to resolve the most acute problems of the economy that will ensure long-term sustainable growth are essential. One of these problems is an informal employment, which reduction, with subsequent legalization of the employment relationship is one of the priorities of Russia's economic security. The feature has concluded that the best option of overcoming informal employment had appeared to be an innovative legalization, which in today's legislation conflicts with a large body of legal standards, including guaranteeing the observance of constitutional rights of citizens. This phenomenon is not completely avoidable, however, the movement in this direction will continue, as the pursuit of legal society is impossible without a corresponding progress in the field of formation and development of legal culture of labour.
Keywords: legal culture, legal regulation, innovations, legalization, informal employment, labour relations, labour culture.
Vestov F. A., Gluhova E. O., Fast O. F. Legal Culture of Law Enforcement Subjects in the Course of Detection and Investigation of Crimes
Fedor Alexandrovich Vestov
Professor of the Department of Criminal, Environmental Law and Criminology of Saratov State University named after N. G. Chernyshevsky, Candidate of Legal Sciences, Associate Professor
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Elena Olegovna Gluhova
Associate Professor of the Department of Criminal, Environmental Law and Criminology of Saratov State University named after N. G. Chernyshevsky, Candidate of Legal Sciences
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Ol'ga Fedorovna Fast
Associate Professor of the Department of Civil and Family Law of Saratov State Law Academy, Candidate of Legal Sciences, Associate Professor
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Annotation: the feature deals with issues related to determining the role of the police in counteracting against law offenses, its place among state institutions for ensuring human rights and freedoms in the Russian Federation, and ensuring security in the country. Particular attention is paid to understanding the influence of the legal culture of employees of the internal affairs’ agencies on the detection and investigation of committed law offenses and crimes, on the formation of the image of law enforcement agencies, elements of feedback and control of police activities by citizens. Factors influencing the formation of the professional qualities of employees, their psychological stability in the process of their daily performance of their duties have been determined.
Keywords: legal culture, police, authority, norms of professional ethics.
Ponomarev S. B., Pustovalov A. R. Caste Society of Medieval India and the Russian Criminal Subculture: Ocial and Cultural Parallels
Sergej Borisovich Ponomarev
Head of the branch of the Scientific research institute of the Federal service of execution of punishments, doctor of medical sciences, professor, Honoured doctor of the Russian Federation
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Andrej Rudol'fovich Pustovalov
Associate professor of the department of state and legal disciplines of the Izhevsk institute (branch) of the All-Russian State University of Justice, candidate of legal sciences
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Annotation: the feature presents a comparative analysis of the subculture of the Russian criminal community with a stratified society of medieval India. The similarity of these social models is determined due to the fact that an archaic socium, and a prison community refer to extremely primitive, closed social systems, which are characterized by a sharp reduction in incoming flows of information. It is well-known that the prison subculture occupies its certain place in our society and plays its rather negative role, especially within the youngsters’ environment. A clear understanding of the criminal subculture, its role in modern society would contribute to more effective eradication of this phenomenon.
Keywords: caste society, penitentiary system, culture, subculture, Varnas, penal-executive system.
Rep'ev A. G. Strengthening of the Statehood and Development of Civil Society Through the Institution of Benefits in the Law
Artem Grigor'evich Rep'ev
Senior instructor of the administrative law and administrative activity of internal affairs’ bodies chair of the Barnaul Law Institute of Ministry of Internal Affairs of Russia, candidate of legal sciences
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Annotation: the feature provides a thorough analysis of modern tendencies of the state and civil society in the Russian Federation. One argues that an indicator of a strong state and a developed civil society is the degree of protection of the rights and freedoms of the most vulnerable segments of the population. For example, the rights of citizens with disabilities prove the need for more flexible legal policy using such a tool as the legal benefits. The proposition that providing certain traffic participants such derogations from the principle of equality will be fair and reasonable only on condition of their law-abiding behaviour, high legal culture and legal consciousness.
Keywords: state, civil society, legal advantage, legal culture, road safety.
Alexandrova Ju. A. Political Trust As a Managerial Resource in the System of Socio-political Relations in Modern Russia
Julija Alexandrovna Alexandrova
Leading researcher of the Center for scientific researches’ department 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 feature presents an analysis of the main manifestations of managerial exposure on political trust of citizens. It is noted that in the system of social-political relations the process of formation of trust towards political institutions and political leaders to a large extent pertains a manipulative nature. Differentiation of content filling of the category of “trust,” diversification of practical and discursive contents of social and political relations between authorities and society, a latent exposure on the emotional structure of personality promote the formation of a necessary level of political trust and the preservation of the alignment of forces.
Keywords: political trust, political power, civil society, Russia, social & political relations.
Nosenko L. I., Nosenko A. V. Culture and Law in the Sudebnik 1497, and Their Influence on the Formation of Modern Principles of Justice
Lidija Ivanovna Nosenko
Head of the department of civil law and process of the Orenburg State University, candidate of legal sciences, associate professor
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Angelina Vladimirovna Nosenko
Student of the Orenburg State Medical University
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Annotation: this feature examines the impact of culture and law of the Sudebnik by Ivan III on the formation and development of certain principles of justice existing in the contemporary Russian procedural law. The feature examines their significance for the restoration and protection of violated rights of the subjects of legal relations. One discusses the background of the inception, reveals the essence and content of the principles of independence and impartiality of judges, equity and equal treatment of the parties. One has identified the importance of actual implementation of the basic elements of justice both at the historical origin and at the present days. The interrelation between the legal culture and the development of the principles of justice has been detected.
Keywords: principles, justice, legal culture, judicial power, judicial system, history, Sudebnik of 1497, safeguarding and protection of rights and freedoms.
Legal Сulture of Right Creativity
Peretjat'ko N. M. To the Question About the Lawmaking Culture in the Sphere of Regulation of the Grounds for Choosing Some Measures of Restraint in Criminal Proceedings
Natal'ja Mihajlovna Peretjat'ko
Head of the criminal law and process department of the Volga Institute (branch) of the All-Russian State University of Justice in the city of Saratov, Russia, candidate of legal sciences, associate professor
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Annotation: the rules governing the restriction of the rights and freedoms of a person in pre-trial stages of the criminal process, require an increased attention of the legislator, as the result of their application to a person not yet recognized guilty of a crime in the manner prescribed by law substantially restricts their rights, inter alia by means of actual imprisonment. In their practical activities the law enforcement agencies and courts apply, as a rule, only two of the seven possible preventive measures. The reasons for the limited application are unsatisfactory legal regulations of the grounds for their application. Examining a legislative regulation, law enforcement practice, the author comes to the conclusion about the necessity of further improvement of the norms on the legal regulation of coercive procedural measures, in particular, bringing them into line with the requirements of international regulations, about the need for more certain differentiation of the grounds for their election, depending on the degree of their potential law enforcement possibilities.
Keywords: criminal court proceedings, legal regulation of grounds for choosing measures of restraint, types of restraint measures, recognizance not to leave and to beahave properly, reasons for choosing measures of restraint in a form of custody, circumstances to be considered in choosing a measure of restraint, practice of election of measures of restraint.
Shcherbakova L. G. Ways to Protect the Debtor's Rights in Enforcement Proceedings
Lilija Gennadievna Shcherbakova
Associate Professor of the Department of Civil Law and Process of the Volga institute (branch) of the All-Russian State University of Justice in the city of Saratov, Candidate of Legal Sciences
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Annotation: the feature deals with ways to protect the rights of a debtor: appealing the decisions of officials of the bailiff service, their actions (inaction) in administrative and judicial order for the release of property from arrest and exclusion from the inventory, the turnover of the execution of a judicial act. To date, any investigation of the problems in the judicial process of cases arising in the framework of enforcement proceedings is very important. Due to some imperfection of the legislation on enforcement proceedings, rights and interests of many citizens and legal entities prove unprotected. Based on the analysis of the current legislation, the author has noted that to date the enforcement mechanism does not meet the needs of the time. One of the main vectors of its improvement should be the elaboration of the necessary regulatory and legal framework.
Keywords: methods of protection, debtor, enforcement proceedings, execution’s turnover, appeal, exemption of property from arrest claim, arbitration proceedings.
Legal Culture of the Law Enforcement
Evdokimov A. S. Law Managerial Administrative & Legal Form of Realization of the Federal State Fire Supervision of Ensuring the Fire Safety of Population Aggregates As the Basis of Development of Legal Culture of Public Authorities’ Bodies
Alexej Sergeevich Evdokimov
State inspector in the Balashov district of the Saratov region on fire supervision
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Annotation: the author examines a law managerial administrative and legal form of realization of the Federal state fire supervision of ensuring the fire safety of population aggregates, which to date has not found any legislative display, and remains virtually unexplored in the legal literature. One investigates the model legislation, preventing crimes and cooperation issues. One notes a regularity of influence on increasement of the level of legal culture of state power authorities, local authorities, supervisory authorities improving the efficiency of the state fire supervision.
Keywords: fire safety, population aggregate, state fire control, law managerial form, state power bodies, local self-government bodies.
Storozhenko K. O. Actual Problems of Professional Training of Road Patrol Service Officers in the Process of Their Learning Some Personal Security Measures and Their Legal Culture Formation
Konstantin Olegovich Storozhenko
Associate Professor of the special legal disciplines department of the Tula Institute (branch) of the All-Russian State University of Justice, candidate of legal sciences
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Annotation: the feature considers some questions of professional training of road patrol service officers in the process of their learning some personal security measures and their legal culture formation. Road patrol service officers of the state inspection of road safety of the Ministry of internal affairs of Russia perform their duties in a close contact with sources causing some increased danger, which are the transportation means. In addition, in the course of their service they are systematically exposed to the risk of attacks by criminal elements. The knowledge of personal safety and the availability of legal knowledge are essential to the preservation of their life and health.
Keywords: personal security provision; road patrol service of the State traffic inspectorate of the Ministry of Internal Affairs of Russia; police; communication culture, learning, professional training.
Sinel'nikova N. A. The Legal Nature and Purpose of Taxes in Russia
Natal'ja Alexandrovna Sinel'nikova
Associate professor of the department of administrative and financial law of the Autonomous nonprofit organization of higher education of the Central union of consumer societies (Centrosojuz) of the Russian Federation «Russian University of cooperation», Volga region cooperative institute (branch), candidate of legal sciences
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Annotation: the feature discusses the importance of taxes as one of the main forms of the state income. Concerning the role of taxes in contemporary society, the state is obliged to implement a set of multilateral measures that should be aimed at achieving the maximum level of public finance. Any government must levy taxes, and evasion of taxpayers from payment of taxes creates a threat to the economic security of the state. In order for the tax system to work effectively, people need to form and develop their legal culture in the field of taxation.
Keywords: tax, taxation, tax system, budget, state, taxpayer, taxes & fees.
Legal Culture: Human Rights, Rights of the People. International Cooperation
Kuhareva O. A., Kazakova S. P. Legal Culture and Some Peculiarities of Protection of Rights of Investors
Olesja Alexandrovna Kuhareva
Associate professor of the department of the arbitration process of the Saratov state law academy, candidate of legal sciences
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Svetlana Petrovna Kazakova
Associate professor of the department of the arbitration process of the Saratov state law academy, candidate of legal sciences
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Annotation: the feature is devoted to the protection of investors’ rights matters. The process of realization by the investor of the defense right involves an appeal to the state and court bodies the corresponding requirements. The investor has the right to pursue any valid form of address to the competent authorities for the protection of the violated or disputed rights. The general principle of legal regulation of investments should be an equal protection of rights of every investor. The latter should envisage a protection of the state interests, cover all forms of implementation of investment activities, and also be available equally to the Russian and foreign investors. One also considers the concept of the venture (risk) investing in Russia, examines the mechanism of such financing, regards its stages.
Keywords: investing, risk, venture financing, court, investor, investment, protection, rights.
Pajtjan R. H. Legal Culture in the Process of Protecting the Rights of Refugees
Roza Hachikovna Pajtjan
Assistant of the international law department of the Law Institute of the Siberian Federal University
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Annotation: protection of the rights of refugees is one of the major challenges facing the world community. To date, this category of persons is the most vulnerable, so it is necessary to protect their rights. Respect for human rights is a precondition for preventing the refugees’ flows. Current migration crisis caused by the civil wars in the Middle East has shown the need to revise the ways to resolve such a situation.
Keywords: refugee, human rights, immigration crisis, legal culture.
Legal Culture and Education
Skljarova N. D. From the System of Additional Professional Education of Federal State Civil Officials Towards the System of Their Professional Development
Natal'ja Dmitrievna Skljarova
Dean of the faculty of additional education of the All-Russian State University
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Annotation: the feature scrutinizes the process of formation of individual plans of professional development of federal public civil officials, identifies problems in the modern system of their additional professional education and causes of their onset, designates necessity of transition to the system of continuous professional development, inserts suggestions for implementing a new approach to an advanced training of federal public civil officials.
Keywords: additional professional education, self-education, individual plans, civil officials, professional development, state order, training in a form of fellowship.
Frolov O. V. Legal Culture Within the Context of Pedagogical Reflection
Oleg Viktorovich Frolov
Professor of the general and vocational pedagogy chair of the Orenburg state university, doctor of pedagogical sciences
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Annotation: the feature reveals the content of legal culture of a vocational training instructor. One discusses some opposing viewpoints concerning a piece of professional pedagogical activity, in terms of legal culture comprehension. The researcher argues that the legal culture represents a natural historical, social and legal phenomenon, due to objective and subjective cultural factors determined by national traditions, relations to the law, law and teaching. The author believes that model of legal behavior prevailing in the Russian pedagogical culture distorts the system of humanistic values of professional pedagogical community and the personality of an instructor, making problematic the development of legal consciousness and legal culture, an integral feature of which is the legal nihilism and the lack of spiritual and emotional foundation of the life relationship of an instructor to a child.
Keywords: culture, legal culture, cultural development, pedagogy, education, spiritual values, legal values.
Potorochin A. G. Formation of Students of Law Schools’ Alacrity to Professional Activity. Condition. Problems
Andrej Georgievich Potorochin
Head of the department of physical culture & special training of the Izhevsk institute (branch) of the All-Russian State University of Justice, Candidate of Pedagogical Sciences
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Annotation: the relevance of the topic is determined due to the fact that at the present stage the law enforcement agencies are solving some complex tasks related to the growth of crime, tense operational situation, increased activity of the structures that threaten the national security of the country. In this respect, the formation of the alacrity of the higher educational establishments’ students of a legal profile for their professional activity related to the use of physical force, special means and weapons is of particular importance. Essence, content, structure of alacrity of law enforcement officers for their professional activity related to the use of physical force, special means and weapons have been studied for the first time, components for its development among students have been defined, and criteria have been worked out. Outcomes of a sociological study, which indicates that the state of students’ alacrity for this type of professional activity does not meet any requirements that this activity imparts to a professional have been shown. Some further prospects for researching the problem have been suggested.
Keywords: alacrity, professional activity, students, components, criteria, physical strength, special means, firearms.
The Tribune of the Young Scientist
Skobina E. A. Affect Enforcing the Border Security of the State
Elena Alexandrovna Skobina
Post-graduate student of the Irkutsk institute (branch) of the All-Russian State University of Justice Legal Culture of Persons Crossing the State Border of the Russian Federation As One of the Factors That
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Annotation: legal culture as a complex integrity includes legal knowledge and quite high level of legal consciousness in a personality. Question about the low level of legal culture of individuals crossing the State border of the Russian Federation is associated with problems of enforcing the border security as a part of the national security and is particularly relevant in the context of globalization processes of the world development, aggravation of the interstate issues, instability in political relations.
Keywords: legal culture, legal consciousness, border security, violations in the field of protection of state border, illegal crossing of the State border.
State and Society: Interaction Theory and Practice
Bondarenko V. E. The Competence of State Courts in the Implementation of the Monitoring Function over the Activities of Arbitrators
Vadim Evgen'evich Bondarenko
Applicant of the department of civil process at the Saratov state law academy
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Reviews
Peretjat'ko N. M. Review of Materials of the All-Russian Scientific & Practical Conference “Actual Problems of Improvement of Criminal and Criminal Procedure Legislation in the Sphere of Protection of Rights and Lawful Interests of a Personality
Natal'ja Mihajlovna Peretjat'ko
Head of the criminal law and process department of the Volga Institute (branch) of the All-Russian State University of Justice in the city of Saratov, Russia, candidate of legal sciences, associate professor
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