The Legal Culture" № 4(31) 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
Volkova L. P. Axiological and Moral Values in the Mechanism of the Impact of Legal Ideology and Legal Culture on the Law-Enforcement Policy
Larisa Petrovna Volkova
Professor of the Department of state and legal disciplines of the Volga Institute (branch) of the All-Russian State University of Justice in Saratov, doctor of legal sciences
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Annotation: the article is devoted to the issues of impact of the values of legal culture and legal ideology on the law-enforcement policy. The ability of values of legal culture and ideology to simulate the behaviour of agents of the law-enforcement policy allows developing axiological, moral and ideological-theoretical approaches to the study of the later, revealing an integrating role of value attitudes to an activity of subjects of the law-enforcement policy in the process of formation of strategy of realization of law.
Keywords: law enforcement policy, legal ideology, legal culture, axiological values, spiritual and moral values, subjects of law enforcement policy, law enforcement issues.
Imakov T. Z. Causes and Effects of Radicalization of Islam in the Russian Federation
Tajmaz Zajnutdinovich Imakov
Head of division of Department «T» of the General department for combating extremism of the Ministry of internal Affairs of Russia, candidate of legal sciences, doctoral candidate of the Federal state public institution “All-Russian scientific research institute of the Ministry of internal Affairs of Russia”
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Annotation: the article emphasizes that the development of religious institutions happens within the frameworks of civil ethic norms. The author explores the socio-economic and psychological criteria of external and internal factors of radical islam in the world, common and special causes of its emergence and development in Russia. One reveals methods and ways of resisting religious extremism in modern conditions.
Keywords: radicalization of islam, religious extremism, methods and ways of counteraction.
Philosophy of Legal Culture. The Theory is Right. State Theory
Stavropol’skij Ju. V. Influence of the Philosophy of Culture in the Modern Chinese Law
Julij Vladimirovich Stavropol’skij
Candidate of sociological science, associate professor
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Annotation: the article discusses the features of the socialist system of law. It is alleged that the idea of the CPC about transformation of personality thus inoculating in it some correct proletarian attitudes, might be seen as a return to the Confucian emphasis on the self and identity formation as the basis of moral and political life. One has revealed the differences of the Chinese legal system from the Western one. For a deeper understanding, the author appeals to its cultural and philosophical grounds. One examines the impact of legism and Confucianism on the modern Chinese theory of law.
Keywords: Chinese law, legist, law, principle, legislation, Daoism, justice, Confucianism, Communist Party of China (CPC).
Vishnevskij V. G. Idea of a Spiritually Active Citizen by B. A. Kistyakovsky in Works of Artistic Culture
Vladimir Grigor'evich Vishnevskij
Associate professor of Department of theory of state and law of Irkutsk Institute (branch) of the All-Russian State University of Justice, candidate of legal sciences
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Annotation: this article examines law as a part of a spiritual culture of society, one of its spiritual values. One examines a sociological theory of law by Iering R., S. A. Muromtsev, and an idea of B. A. Kistyakovsky about a spiritually active citizen. On an example of works of the art culture one analyses relationships between artistic and legal culture in a sociological theory of law. The article emphasizes that culture as a generic concept is the basis of both artistic and legal culture. The legal professional culture of lawyers is based, according to the author, on art and spiritual culture of society as a whole, is formed and comes out of it.
Keywords: art culture, literature, painting, justice, equality, reform, legal consciousness, social consciousness, manifesto.
Sergun P. P., Fadeeva G. V. Warranties for Notarial Activities
Pjotr Pavlovich Sergun
Professor of the Department of administrative and municipal law of the Saratov State Law Academy, doctor of legal sciences, professor
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Galina Vladimirovna Fadeeva
Associate professor of the Department of justice and procedural activities of the Saratov Socio-Economic Institute (branch) of the Plekhanov Russian University of Economics, candidate of legal sciences
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Annotation: the article is devoted to determination of a jurisdictional function of notaries as a body of civil jurisdiction. Analysis of notarial principles and functions shows their close interconnection and system impact on the notarial activity, and the presence in the notary law of both protecting and significant positive characteristics, reflecting a law constructive force of notaries. The notary, acting on behalf of the state, prevents an emergence of legal disputes, ensures protection of private property, stability of civil turnover, thereby playing a major role in formation of a legal state and civil society in general. Notaries of the Latin type because of its unique nature is designed and optimally adapted to a legal promotion and protection of freedom, to limit any arbitrariness. Promoting the implementation of rights and protecting rights, the notary provides (ensures) in a procedure way the legal freedom of individual, civil society and the state.
Keywords: notary, guaranties, principles, significance, essence, impartiality, independence, mystery, law, limits, activity, law constructivity.
Brusenskaja L. A., Kulikova Je. G. Qualification of an Insult in the Context of Legal Culture
Ljudmila Aleхandrovna Brusenskaja
Professor of the Department of the Russian language and speech culture of the Rostov State Economic University(RINH), doctor of philological sciences, professor
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Jella Germanovna Kulikova
Professor of the Department of humanitarian and socio-economic disciplines of Rostov Institute (branch) of the All-Russian State University of Justice, doctor of philological sciences, professor
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Annotation: the urgency of article is connected with different understanding of an insult in legal and ordinary consciousness, which complicates a qualification of such offense, as an insult. The problem of verbal abuse and insulting still had not received an unambiguous interpretation. According to the authors, the situation is not limited to the use of verbal means as a source of the fact of abuse; such a source will be a realization by the addressee of being insulted. In the context of legal culture any detabooing of invective language as a characteristic feature of a modern linguistic situation actualizes the problem of “linguistic crimes”. One of the important tasks underlying the bases of the legal culture is a legal regulation of obscene language.
Keywords: invective, verbal offense, insult, concept, fact, opinion, interpretation, evaluation, legal culture.
Leskina Je. I. Value Determinants of Civil Court Procedure as the Basis of Civil Procedural Legal Culture
Leskina Jeleonora Igorevna
Senior lecturer of the Department of employment law of the Saratov State Law Academy, candidate of legal sciences
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Annotation: the article is devoted to determination of the value determinants of civil court procedure as axiomatic and axiological phenomena of the modern procedural reality. The author offers a definition of civil procedural law culture and examines the value determinants as the foundation of such a culture. One examines the relationship between the content objectives of the civil legal procedure with values. The article delineates the civil procedure-legal values and adjacent legal concepts (principles, axioms, presumptions, fictions). One notes the reflection of civil procedure policy on a hierarchy of the same name values. One reveals the property of consistency of the civil procedure and legal values.
Keywords: determinants, values, axioms, principles, goals, objectives, fairness, efficiency, truth, civil procedure and legal culture.
Zhukovskaja N. Ju., Kazarova D. S. Legal Consciousness and Legal Culture of Minors: Concept, Peculiarities and Psychological-Pedagogical Aspects of Formation
Natalija Jur'evna Zhukovskaja
Associate professor of the Department of state and legal disciplines of Lipetsk State Pedagogical University named after P. P. Semenov-Tyan-Shansky, candidate of historical sciences
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Diana Sergeevna Kazarova
Associate professor of the Department of state and legal disciplines of Lipetsk State Pedagogical University named after P. P. Semenov-Tyan-Shansky, candidate of psychological sciences, associate professor
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Annotation: the article presents the main approaches to the definition of legal consciousness as a definition of the general theory of law, finds out the specificity of legal consciousness and legal culture of minors; considers some practical approaches to formation of legal consciousness and increasing the level of legal culture of adolescents. One highlights some of the psychological and pedagogical aspects of the legal consciousness formation of minors as a task that has to be purposefully decided on different levels of the educational process taking into account the age peculiarities and the psychology of teenagers.
Keywords: legal consciousness, legal culture, general theory of law, minors, teenagers, legal culture of minors.
Telegina E. G. General Social and Criminological Aspects of the Modern State of Female Criminality in the Sphere of Illegal Drug Trafficking
Elena Gennad'evna Telegina
Associate professor of the Department of liberal arts of Kuban State University, branch in Novorossiysk, candidate of legal sciences
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Annotation: the article discusses theoretical and empirical data of criminological studies of the modern state of female criminality in the sphere of illegal drug trafficking. Negative trends of female drug-related criminality have a negative impact on the younger generation and threaten the gene pool of Russia. The study of general social and criminological aspects of this negative phenomenon contributes to the further development of measures of a prophylactic nature.
Keywords: women’s criminality, criminality in sphere of illegal drug trafficking, personality types of drug criminals, statistics, prophylaxis measures.
Filippov S. A., Vorivodina T. S. Marriage Contract Institution: Culturological Aspect
Sergej Aleхandrovich Filippov
Associate Professor of the Department of civil law of the Saratov State Law Academy, candidate of legal sciences
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Tat'jana Sergeevna Vorivodina
Master student of the Saratov State Law Academy, candidate of legal sciences
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Annotation: the article is devoted to an analysis of the institution of a marriage contract, which has appeared in the Russian legislation recently. One examines the legal nature of the marriage agreement (marriage contract), analyzes the problem of culture of the contractual relationships, legal, psychological and other aspects of the conditions of a marriage contract concluding in the Russian Federation. On the basis of a legal regulation of a marriage contract and court practice of its application the authors come to the conclusion that there are gaps in the legislation system relating to a marriage contract issues.
Keywords: family law, contractual relationship, marriage agreement, marriage contract, conditions of marriage contract, culture of contract, legal culture, property rights of spouses.
Legal Сulture of Right Creativity
Sergun E. P. Conceptual Grounds for the Prevention of Household Violence in the Russian Federation
Evgenij Petrovich Sergun
Associate professor of the Department of law, philosophy and sociology of the Gorno-Altaisk State University, candidate of legal sciences
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Annotation: the article touches upon some topical issues of prevention of the family domestic violence in the Russian Federation, namely the remaining unsolved issues of the development of scientific and conceptual elements of legal policy in the chosen area. It is stated that the legislator underestimates the importance of ideological, strategic and tactical moments in the establishment of an appropriate preventive mechanism. The resulting legal principles, conditionally undertaken as a theoretical basis for resisting the violent family conflicts, take their formal, unsubstantiated meaning, which in particular is proved by the conducted by the author analysis of a recent, high-profile legislative initiatives. It is argued that the implementation of such bills potentially can to exacerbate the already unfavourable social situation. The publication is intended to persuade parliamentarians to rethink the legislative approaches in the designated area of legal regulation and contains some corresponding recommendations.
Keywords: domestic violence, family household criminality, family criminology, prevention of family domestic violence, principles of resisting domestic violence, legal policy.
Terehov E. M. Role of Law Interpreting Activities in Enhancing Legal Culture in Subjects of Legal Action
Evgenij Mihajlovich Terehov
Associate professor of the Department of state and legal disciplines of the Balakovo branch of the Saratov State Law Academy, candidate of legal sciences
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Annotation: in connection with the improvement of normative legal acts, practice of their application, active development of public relations the demand for legal activities for legal support of these processes is increasing. There is a need for greater use of separate forms of its implementation. One of these forms is a law interpreting activity that is actually little studied in modern legal science thus predetermining an underestimation of its potentiality and demonstrates the relevance of research in a given direction. The presented article analyses the role of law interpretive activity in improving the legal culture of subjects of legal action. The applied methods are the following: historical, systemic, analytic and comparative-legal ones. The role of interpretive acts in increasing the professional skills of the legislator and law enforcer has been disclosed.
Keywords: legal activity, law interpretive activity, law enforcement activity, legal culture, interpretation of law, interpretative act, interpretive practice, Constitutional court of the Russian Federation, Supreme Court of the Russian Federation.
Sergun P. P. State Power and Public Administration
Pjotr Pavlovich Sergun
Professor of the Department of administrative and municipal law of the Saratov State Law Academy, doctor of legal sciences, professor
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Annotation: issues of state power and public administration have always been incorpotrated in the field of study of various sciences. With the change of social relations, appearances of states, formation of new administrative structures, global world changes under the impact of scientific and technological progress, the current legislation respectively becomes shaped. When the Constitution of 1993 was adopted the science of administrative law faced the question concerning such categories as the “state authority” and “public administration”, whilst the latter notion triggers particular interest. The article discusses some scholarly views of scientists concerning the place of governance in the system of government. The author’s view is stated.
Keywords: Constitution of Russian Federation 1993, state, state power, state governance, administration, form, content.
Legal Culture of the Law Enforcement
Grinev V. A. Regulation of the Rights of a Representative of the Victim in Criminal Court Proceedings as One of the Factors of Manifestation of the Legal Culture
Valerij Aleхandrovich Grinev
Associate professor of the Department of criminal process and criminalistics of Rostov Institute (branch) of the All-Russian State University of Justice, candidate of legal sciences
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Annotation: the article presents a detailed classification of the rights of a representative (legal representative) of the victim in the Russian criminal court proceedings, subject to analysis of the most recent court practice. It is argued that the complex of fundamental rights of a victim serves as an index of the level of legal awareness and legal culture of social relations. On the basis of the current legislation, a distinction is made of the terms “representative” and “legitimate representative” of a victim in the Russian criminal court proceedings. One defines the reasons, conditions and procedure the participation order of persons who may act as a representative (legal representative) of a victim in the criminal process.
Keywords: participant in process, procedural status, victim, criminal prosecution, rights of victim.
Kornilova I. G., Magomedov G. B. Legal aAspects of the Fight Against the Falsification of Food Products
Irina Gennadievna Kornilova
Chief expert of the state budgetary institution of Moscow “Moscow research center” , candidate of psychological sciences, associate professor
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Gusejn Bagavdinovich Magomedov
Director of the North-Caucasian Institute (branch) of the All-Russian State University of Justice in Makhachkala, candidate of legal sciences
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Annotation: this article analyzes the current status of and search for optimal ways of legal regulation of relations in the sphere of protection of rights and interests of consumers. The essence of the concept “falsification of food products” has been considered from the perspective of commodity science as part of the federal legislation. Main attention has been paid to the specifics of the establishment and documentation of cases of grocery fraud in the course of various forensic examinations. One has proposed an algorithm of actions of public organizations for the protection of the rights and legitimate interests of consumers, Rospotrebnadzor (Federal service for supervision of consumer rights’ protection and human welfare), law enforcement for offences’ documentation and disclosure.
Keywords: adulteration of products, product quality, grocery safety, classification of offences, manufacture and sale of counterfeit goods, public organization, protection of rights and legitimate interests of consumers, OOZPP (Public organization for consumer rights’ protection), Rospotrebnadzor (Federal service for supervision of consumer rights’ protection and human welfare).
Legal Culture: Human Rights, Rights of the People. International Cooperation
Mordovec A. S., Ufaeva O. E. Legal Culture of Human Rights as an Element of Socio-Legal Mechanism of Realization of the Rights and Freedoms of Disabled Citizens
Alexandr 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 Saratov, doctor of legal sciences, professor, Honored worker of higher school of Russian Federation
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Ol’ga Evgen’evna Ufaeva
Applicant of the Department of state and legal disciplines of the Volga Institute (branch) of the All-Russian State University of Justice in Saratov, specialist of the 1st category of administration of the Kirov district of the Municipal unit “City of Saratov”
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Annotation: the article considers some problems of human rights in modern Russia and in the world, the role of legal culture in their implementation, specifics of legal culture of human rights, its place in the socio-legal mechanism of realization of the rights and freedoms of disabled citizens. It is emphasized that in scientific literature there is no consensus in determining the concept of legal culture. The authors believe it grounded that its research should be executed in three aspects: information and semiotic, axiological, active. One takes an attempt to discover the essence of the legal culture through an integrated approach. It is given the author’s definition of the concept of legal culture of human rights.
Keywords: human rights, rights and freedoms of disabled citizens, legal culture, legal culture of human rights, socio-legal mechanism, ensuring the rights of man and citizen, implementing the rights and freedoms of disabled citizens.
Legal Culture and Education
Andreeva G. B., Nikitina O. A. Formation of Legal Culture of Students: From Theory to Practice
Galina Borisovna Andreeva
Director of the Institute of training state and municipal employees of the Academy of Federal service of execution of punishments of Russia, the candidate of pedagogical sciences, associate professor, Professor of the Russian Academy of Natural Sciences
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Ol’ga Alexeevna Nikitina
Deputy director of the Institute of training state and municipal employees of the Academy of Federal service of execution of punishments of Russia, the candidate of pedagogical sciences, associate professor
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Annotation: the article considers the problem of legal culture of students. It is alleged that its formation occurs in the process of legal education and legal education. One provides definitions of legal training and legal upbringing. Specificity of formation of legal culture of students of the Academy of Federal service of execution of punishments of Russia is analyzed.
Keywords: formation of legal culture, legal upbringing, legal education, legal life of society.
Fedotova E. P. School Mediation Services: Culture of Relationships in the Educational Space
Ekaterina Petrovna Fedotova
Associate professor of social psychology of education of Saratov regional Institute of education development, candidate of sociological sciences, associate professor
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Annotation: in the educational environment mediated technologies have come relatively recently. The article provides a description of the model, principles and practical basis of the functioning of mediation services in the field of education. One justifies the consolidation of methodological and practical efforts to ensure a competent provision of socio-psychological assistance to minors who have difficulties in interpersonal interaction, problems in social adaptation.
Keywords: educational space, destructive behavior, mediation technologies, mediation, principles of mediation, educational sphere, conflicts’ resolution.
The Tribune of the Young Scientist
Beljukova T. I. Formation of Legal Consciousness in Convicts Pending Their Punishment Serving in Connection with Pregnancy or Small Children
Beljukova Tat'jana Ivanovna
Adjunct of the faculty of scientific and pedagogical staff training of the Academy of Federal service of execution of punishments of Russia
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Annotation: the article reveals an importance of the work on legal education of citizens, aiming at formation of legal consciousness. Shortcomings of legal education lead to deformation of legal consciousness, which may cause the conviction of a person for committing a crime. One justifies a necessity for formation and increase of level of legal awareness among prisoners granted a postponement of serving punishments in connection with pregnancy or small children, because they bear a responsibility for the origins of formation of legal consciousness in children. The results of the study show that the prisoners in most cases are socially neglected individuals, requiring work on their legal education to be done.
Keywords: legal consciousness, legal enlightenment, legal nihilism, convicted, suspension of serving punishment, pregnant women, little children.
State and Society: Interaction Theory and Practice
Kazankov Ja. N. Legal Culture of Judicial Knowledge at the Stage of Legal Qualification
Jaroslav Nikolaevich Kazankov
Lawyer
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Reviews
Alexandrova Ju. A. Review of Materials of the Round Table "Inter-ethnic and Inter-confessional Relations in the Territory of the Saratov Region: State and Problems of Their Regulation
Julija Alexandrovna Alexandrova
Associate Professor of the Department of state and legal disciplines, head of a department of the Research centre of of the Volga Institute (branch) All-Russian State University of Justice in Saratov, candidate of political sciences
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