Alexandr Borisovich Lisjutkin
Professor of the Department of theory of state and law of the Saratov State Law Academy, doctor of legal sciences, professor
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Annotation: the article analyzes the problem of truthfulness and reliability of abstract-theoretical constructions used in legal science and practice. Formulation of this problem is due to the transformation of legal science and practice in the post-Soviet period, accompanied with significant dynamics of the categorical apparatus, which was developed in the Soviet law science. Analysis of scientific and empirical facts allows to claim that this dynamics is expressed in essential increase in number of paradoxical judgments and false conclusions. The article raises the question of the causes of this trend in the law science. Study of misconceptions has led to a conclusion that it is expedient to develop a methodology for assessing conformity of the universal concepts introduced into the scientific-empirical circulation with the principles of truth and reliability, indicating the peculiarities of the modern political and legal reality. Certain aspects of application of formal-logical and theoretical-empirical criteria of achievement of truthfulness and reliability of legal knowledge are revealed.

Keywords: truth, authenticity, methodology, method, technique, abstract-empirical concept, legal knowledge, scientific-cognitive evaluation standards, formal logical form, expression of legal knowledge, ontology of knowledge, law science, legal practice.

Mihail Petrovich Fomichenko
Professor of the Department of constitutional and international law of the All-Russian State University of Justice, doctor of legal sciences
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Annotation: the article deals with a number of constitutional provisions and their inconsistency with the mentality of the peoples who make up the Russian multinational civilization, as well as with the inconsistency of the state policy with the fundamental constitutional principles. The main reasons for the current situation are noted, including the following: doubts of the Russian society about the purity of the mechanism of the adoption of the Basic Law of the Russian Federation; an accelerated introduction into life of the multinational Russian people of the “new” principles of achieving the goals they do not quite understand; a lack of a necessary level of constitutional consciousness. An optimum directions of the solution of the considered questions are formulated and more perspective ways of an exit from the developed situation are defined. It is argued that a real matrix for the life of the Russian society should be a monolithic cohesion of its multinational people (the Russian nation) – the only source of power in the Russian Federation; that a focus on strengthening the existing modern constitutional structures that support the livelihoods of the Russian Federation as a single social organism, and a search for new ideological and conceptual components of modern Russia capable to ensure its rapid ascent and development, will have a positive effect only with an integrated approach.

Keywords: Constitution, constituent power, constitutional-legal regulation, people, nation

Julij Vladimirovich Stavropol’skij
Candidate of sociological sciences, associate professor
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Annotation: the subject matter of the scientific article is connected with the fact that armed crime exists in Japan, but in extremely small amounts. The fact is that the Japanese procedure for issuing licenses for weapons is markedly severe. The current Japanese arms legislation of 1958 begins by saying that no one has the right to possess a firearm or a sword. The aim of the work is to investigate the reasons for the success of the Japanese law enforcement agencies. The results of the study show that throughout history the culture of mass possession of weapons in Japan has not developed. The novelty of the publication is that, first, the all-encompassing power of the police is for the first time recognized as one of the reasons for the effectiveness of the Japanese system of gun control, and secondly, for the first time it is highlighted that the Japanese police is armed with firearms only in 1946. The Japanese police replace a black belt in judo and a police baton for firearms.

Keywords: Japan, weapon, license, firearm, suspect, illegal.

Tat'jana Alexandrovna Bezmaternyh
Deputy director, associate professor of the Department of liberal arts & socio-economic disciplines of the Rostov Institute (branch) of the All-Russian State University of Justice in Rostov-on-Don, candidate of pedagocial sciences
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Vasilij Dmitrievich Grachev
Professor of the Department of liberal arts & socio-economic disciplines of the Rostov Institute (branch) of the All-Russian State University of Justice in Rostov-on-Don, doctor of philosophical sciences, professor
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Bagavdin Magomedovich Magomedov
Director of the Rostov Institute (branch) of the All-Russian State University of Justice in Rostov-on-Don, candidate of legal sciences, professor
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Annotation: the article is devoted to the evolution of the direction and content of law in Russia in early XXI century. One demonstrated changes in the content of law in the coordinates of the morality – law in the culture of Russia. It is shown that the fascination of legislators with a “written”, differentiated law, unwillingness to recognize as law what is beyond the official state social control leads to a decrease in number of citizens supporting the introduced and existing legal norms. It is noted that the historically developed and still existing dual understanding of law (law as legislation and law as justice) in modern Russian society complicates an effective functioning of the legal reality, and the topic of justice in law comes to the fore. The authors have formulated some proposals of theoretical and practical nature, aimed at rebalancing the rights from formal legislation to legitimate justice.

Keywords: evolution, law, morality, justice, legal reality, legal culture, legal mentality, legal orientation, formal law, “written law”, “drama” of law, legal sphere management.

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, associate professor
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Annotation: the article deals with some urgent issues concerning an administrative-legal status of court bailiffs. Different approaches to understanding an administrative-legal status are described, elements of its structure are provided. One remarks an uncertainty of the legal status of court bailiffs, due to a lack of clarity and completeness of legislative consolidation of its fundamental elements: goals, objectives, directions of activities, as well as the fact that many directions of activities of the court bailiff service have "evaded" the legal regulation of a fundamental legislative act. Scientific novelty of the research consists in elaboration of proposals to optimize the legislative regulation of the administrative-legal status of the court bailiff service, as well as in a theoretical justification of the administrative-legal status as its purpose, tasks and competence, established by the state, defining its use in the general system of public administration and functioning as a subject of administrative relations in the internal and external environment.

Keywords: administrative-legal status, legal situation, court bailiffs, activity of court bailiffs, powers of service of court bailiffs.

Roman Evgen'evich Zatona
Associate professor of the Department of procedural law of the Don State Technical University, associate professor of the Department of administrative law and criminal-legal disciplines of the Rostov State University of Railway Engineering, candidate of legal sciences
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Annotation: the relevance of the article is determined due to the importance of using special knowledge in various types of court proceedings, experience of law enforcement practice in law-making activities in the course of development of the norms of the Russian procedural legislation, as well as the need to form a legal culture of an expert and a specialist. The purpose of the article is to analyze the concepts of “expert”, “specialist”, “special knowledge”, “special information”, to identify and consider the theoretical and applied features of special knowledge of an expert and a specialist, adopted in the Russian legislation, judicial practice and science. Realization of the stated objective was achieved with the help of general scientific (dialectical, analysis, synthesis) and private-scientific (formal-legal, comparative-legal) methods. The author concludes that the determination of the procedural status of an expert and specialist should take into account not any special knowledge (information) as such, but professionalism of a person, expressed in one’s competence.

Keywords: expert, specialist, competent persons, special knowledge, expertise.

Grigorij Stepanovich Goncharenko
Associate professor of the Department of theory and history of state and law of the Rostov Institute (branch) of the All-Russian State University of Justice in Rostov-on-Don, candidate of legal sciences, associate professor
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Annotation: the article touches upon certain aspects of historical stages of corruption formation and development. Based on the legislative norms and scientific approaches, the author considers corruption as a serious socio-political problem, as a sign of instability of society, which is the basis for the formation of a system of corruption crimes in the country. The article provides an author’s assessment of the theoretical and practical provisions, explores some of the reasons for the lack of a common scientific position about the attribution of specific criminal law offences to corruption that does not allow us to interpret the notion of “corruption” in general. The paper substantiates the author’s approach to the definition of corruption-oriented crimes, considers proposals for the development of criminal-legal regulation combatting corruption.

Keywords: corruption, historical period, institutions of state power, corruption crimes, corruption-oriented crimes, national legislation, scientific research.

Magomedgadzhi Jusupovich Jusupov
Associate professor of the Department of criminal-procedural law of the North-Caucasian Institute (branch) of the All-Russian State University of Justice in Makhachkala, candidate of legal sciences
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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: the article provides a comparative legal analysis of a prosecutorial discretion in the criminal process of Russia and Georgia. In the course of the modernization of the post-Soviet criminal process in Russia and Georgia, completely opposite conceptual approaches to determining the role of the prosecutor’s office in criminal proceedings have been implemented. After the reform of 2007, the Russian prosecutor almost lost the power to exercise a criminal prosecution in pre-trial proceedings, although legally this function for a prosecutor is still valid. He still maintains the powers of supervision over implementation of laws in pre-trial stages of criminal process. Georgia has borrowed the American model of broad prosecutorial discretion in criminal prosecution, while maintaining the Soviet criminal procedure technology of preliminary investigation. The Georgian prosecutor’s office, being the sole and full-power criminal prosecution body, has broad discretionary powers in its implementation. Georgia has completely abandoned the Soviet model of the prosecutor’s office as a supervisory body and the prosecutor’s office performs the function of general supervision over the implementation of laws, the prosecutor’s powers are limited to the criminal law sphere. And the Russian model of the prosecutor’s office is based on primary implementation of a function of the general supervision of execution of laws by all and everywhere. The rest of the post-Soviet countries did not accept the concept of broad prosecutorial discretion in criminal prosecution, but did not abandon the prosecutorial procedural leadership of a pre-trial investigation. In connection with the ongoing search for an optimal model of criminal proceedings it seems to us to be relevant to study the Georgian experiences in the introduction to the legislation of an institution of the prosecutor’s broad discretion in criminal proceedings.

Keywords: criminal procedure of Georgia, prosecutorial discretion, criminal prosecution, alternative to criminal prosecution.

Irina Mihajlovna Sereda
Head of the Department of criminal law and criminology of the Irkutsk Institute (branch) of the All-Russian State University of Justice, doctor of legal sciences, Professor
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Marija Andreevna Kostjuchenko
Senior lecturer of the Department of criminal procedure and criminalistics of the Irkutsk Institute (branch) of the All-Russian State University of Justice
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Annotation: the article is devoted to characterization of some types of penalties and other measures of influence applied for credit crimes, including illegal receipt of credit and malicious evasion from repayment of accounts payable. The authors conclude that despite the presence of a sufficient number of penalties for credit crimes, the so-called “security index” of the credit system is low. Obvious is an expediency of adding to article 176 of the RF Criminal Code of the lowest limit of term of imprisonment – from one year, establishing a term of imprisonment in the art. 177 of the criminal code – from one to five years. Thus, the “security index” will be 3, which will generally correspond to the “security index” of the rest of the corpuses of crimes in the field of economic activity. Taking into account the value of such an object as interests of creditors will ensure a proportionality of penalties and a uniformity of application of the criminal law as a whole.

Keywords: types of punishments, other measures of exposure, index of security, crimes in the sphere of economic activity, credit crimes, illegal receipt of credit, malicious evasion from repayment, accounts payable.

Ljudmila Alexandrovna 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 liberal arts & 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 article analyzes an anti-drug social advertising from the point of view of the theory of speech influence: the role of argumentative persuasion and manipulation in achieving the effectiveness of advertising in the context of legal culture. Social advertising – an antithesis of a commercial one. As a result of commercial advertising, high spiritual values are inevitably pushed to the periphery of mass interests. Many problems of advertising discourse have not received a sufficient scientific understanding in comparison with a rapidly developing advertising practice. According to the UN recommendations, a division of drugs into “strong” and “weak” is misleading about the harmful effects of drug addiction. Relevance of the article is associated with the study of means of increasing expressiveness in social advertising devoted to the prevention of drug addiction. From the point of view of legal culture, social advertising, especially – directed against one of the most terrible disasters of our time, cannot yield to other influences as far as the force of influence is concerned.

Keywords: speech influence, persuasion, verbal manipulation, social advertising, anti-drug advertising.

Arsen Jarahmedovich Ahmedov
Associate Professor of the Department of civil law of the Saratov State Law Academy, candidate of legal sciences
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Annotation: Federal law No. 302-FZ of 30 December 2012 “On insertion of amendments to chapters 1, 2, 3 and 4 of part one of the Civil code of the Russian Federation” refers the principle of a good faith to the basic principles of civil legislation. The article notes that the consolidation of the principle of good faith in articles 1 and 10 of the Civil code of the Russian Federation significantly influenced the practice of applying the rules on abuse of law. It seems that earlier the participants of turnover did not consider a good faith to be an important characteristic of their behavior as subjects of civil law. In this regard, cases of appeal to the court – about the bad faith of the counterparts have become massive. The author calls for a careful approach to the qualification as an abuse of the right of any unfair exercise of civil rights, especially minding an increase in the number of cases where courts recognize transactions as invalid in connection with the abuse of law. It is noted that excessive paternalism through application of the principle of a good faith can adversely affect the realization of its potential as an instrument, including aimed at the formation of the legal culture of the population.

Keywords: principles of civil law, freedom of contract, contract law, legal culture, abuse of law, integrity, limits and limitations of freedom of contract.

Konstantin Olegovich Storozhenko
Associate professor of the Department of special & legal disciplines of the Tula Institute (branch) of the All-Russian State University of Justice, candidate of legal sciences
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Annotation: the article deals with the issues of professional selection of court bailiffs to ensure the established order of the courts as a factor affecting the provision of personal security and legal culture skills in the considered category of civil servants. This activity is carried out in courtrooms and in the course of implementation of executive actions, surrounded by persons who often carry criminal plans or carry weapons. One analyzes the selection criteria for the position of a court bailiff to ensure the established order of court activities, among which the author distinguishes first of all psychological and physiological characteristics of applicants. In addition, a future employee of the Federal court bailiff service must have a sufficiently high level of legal culture, as well as an ability to use special technical means. The article formulates some specific proposals to improve the efficiency of the professional selection of personnel for the position of court bailiffs to ensure the established order of the courts.

Keywords: Federal service of court bailiffs of the Russian Federation, human resources service, private security maintenance, public civil service, communication culture, legal culture, judicial officers, maintenance of established order of court activities.

Vladimir Vladimirovich Reshetnikov
Associate professor of the Department of philosophy of the Volga Institute of management named after P. A. Stolypin – branch of RANEPA under the RF President, Saratov, Russia, candidate of agricultural sciences, Honored forester of the Russian Federation, corresponding member of the Russian Ecological Academy (Saratov branch)
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Tat'jana Alexandrovna Bogorubova
Head of the Department of humanitarian, socio-economic and legal disciplines of the Volga Institute (branch) of the All-Russian State University of Justice in Saratov, candidate of sociological sciences, associate professor
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Annotation: the article describes the main directions of the transition of the Russian Federation to the model of sustainable development, as well as the main environmental problems of modern society. Special attention is paid to the ecological crisis of our time – the special state of the biosphere, which according to modern definitions can be considered outraged. It is noted that the solution should be approached not from the point of view of the technical approach, relying on engineering achievements as a panacea, but taking into account the broad socio-political, historical and cultural context and value orientations prevailing in society. It is argued that, taking into account a high energy and resource intensity of industrial production in Russia, a low production culture and disregard for environmental legislation, it is necessary to transform environmental economic relations, the entire socio – political organization of governance, legislative initiative, improving the level of legal culture and environmental and legal knowledge in the interests of the survival of future generations of Russians.

Keywords: legal culture of society, sustainable development, environmental problems, ecological and legal education and up-bringing.

Ol'ga Sergeevna Mrast'eva
Associate Professor of the Department of arbitration process of the Saratov State Law Academy, candidate of legal sciences
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Asija Nailevna Jusupova
Associate Professor of the Department of arbitration process of the Saratov State Law Academy
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Annotation: in this article it is talked about an agreement as one of alternative ways to resolve legal disputes. The stage-by-stage development of the institution of the settlement agreement as the most important element of legal culture of the Russian business is analyzed. The necessity of scientific understanding of procedural problems connected with the development of the settlement agreement in arbitration process is substantiated. There is a lack of alternative solutions to economic conflicts, while the current Code of Arbitration Procedure gives the parties an opportunity to apply one of conciliation procedures, for example, to conclude a settlement agreement. The article also discusses the most important theoretical issues related to the procedural and legal aspects of the settlement agreement as a procedure for settling an economic dispute. It is argued that the settlement agreement is the only legal procedure in a number of conciliation procedures involving a mutually beneficial resolution of the legal conflict. The conclusion of a settlement agreement is an administrative act of the parties, leading to the termination of the proceedings at any stage of the arbitration process.

Keywords: settlement agreement, arbitration procedure, procedural contract, procedural agreement, arbitration-procedural legislation, conciliation procedures, court expenses, business reputation, element of legal culture.

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-legal disciplines of the Volga Institute (branch) of the All-Russian State University of Justice in Saratov, a specialist of the 1st category of administration of the Kirov region of the municipal entity of “City of Saratov”
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Boris Georgievich Soldatov
Associate Professor of the Department of world languages and culture of the Don state technical University, associate professor of the Department of general education & legal disciplines of the Rostov Institute (branch) of the All-Russian State University of Justice in Rostov-on-Don, candidate of philological sciences, associate professor
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Natal’ja Viktorovna Soldatova
Associate Professor of the Department of foreign languages of the Rostov branch of the Russian Customs Academy, associate professor of the Department of general education & legal disciplines of the Rostov Institute (branch) of the All-Russian State University of Justice in Rostov-on-Don, candidate of philological sciences, associate professor
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Annotation: the article notes that expansion of international contacts contributed to the role of communicative education of university students. One of the main requirements of educational standards involves improving the practical part of training law students in the field of legal culture. It is argued that teaching foreign languages is an integral part of a vocational education, which is aimed at developing skills of professionally oriented communication specialist. As one of the effective means of formation of communication skills and legal culture of future lawyers a case-method is considered in teaching a foreign language involving an analysis of problem situations with the help of solving certain problems. Main stages of work on the case (organizational, working and final) are identified, basic requirements for the case and forms of implementation of this method are described.

Keywords: legal culture, legal communication, professional competence, professionally oriented communication, communicative tasks, case-method, problem situation, multivariance.

Andrej Vladimirovich Kuchenev
Adjunct of the Department of theory of state and law, international and European law of the Academy of Law and Management of the Federal Penitentiary Service
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Annotation: the article discusses the typology of legal consciousness, which is based on the developed classification of legal consciousness as a whole. Traditional legal literature grounds are used as classification criteria: on differentiation of bearers, subjects of legal consciousness; depending on the level of reflection, depth of legal consciousness. The elements of the system of legal consciousness, grouped on the basis of carriers, subjects of legal consciousness: individual, group and public legal consciousness, on the activity criterion (profession, level of education): professional legal consciousness.

Keywords: hypervectorness, group type, individual type, mental (socio-cultural) approach, legal consciousness, positivist (normative) approach, scientific type, typologization.

Elizaveta Vladimirovna Semenova
Post-graduate student of the Department of civil and family law of the Saratov State Law Academy
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Annotation: in many respects, the multi-meaningfulness of the notion “estoppel” existing in the Russian civil law has not been comprehended, justified and cannot be traced by an example of various legislative provisions. Estoppel can be considered as a new mechanism of protection of rights in the Russian legislation. The present article is of a scientific nature and has an undeniable novelty. The general characteristics of estoppel, its application and development abroad are analyzed. The origin of this concept, meaning, types and functions are considered. Three types of estoppel are revealed: estoppel by matter of record, estoppel by deed and estoppel in pais, and also equitable estoppel singled out by the author. The stages of estoppel formation are traced. The possibility of application of the principle in the domestic legal order is analyzed. Two ways of application of estoppel in the Russian law are singled out. On the basis of the study of the concept as a whole, it is established that estoppel is undoubtedly a powerful mechanism for the protection of rights.

Keywords: estoppel, principle, legal doctrine, a faithful party.

Elizaveta Anatol'evna Eremina
Post-graduate student of the Department of public law of the Saratov Social and Economic Institute (branch) of the Plekhanov Russian University of Economics
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Annotation: the relevance of the article is due to the need for a competent construction of financial and legal policy of Russia in the field of culture as a legal institution used as a means of economic development. The subject of the research is the theoretical, legal, financial and legal basis for the regulation of the state cultural policy. The methodological basis of the study was made by the main general scientific methods. The legal instruments of implementation of financial and legal policy in the sphere of culture are considered. The scientific novelty of the work is due to a comprehensive analysis of the financial and legal basis for the regulation of modern state cultural policy. The main provisions of the article can be tested in the improvement of the legislation on culture. The author concludes that it is necessary to bring the Russian legislation into line with the goals, objectives and priorities of the state cultural policy. The author’s definition of financial and legal policy is provided.

Keywords: legal policy, financial-legal policy, message of the President of the Russian Federation, documents of strategic planning, sphere of culture, finances.

Ljudmila Nikolaevna Borisova
Associate professor of the Department of administrative and criminal law of the Volga Institute of management named after P. A. Stolypin – branch of RANEPA under the RF President, candidate of legal sciences
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Vladilen Vladimirovich Strel'nikov
Lawyer, candidate of legal sciences
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