Alexander Vasiljevich Mal’ko
Director of the Saratov branch of State and Law Institute of the Russian Academy of Sciences, Doctor of Judicial Science, Professor, Honored Science Worker of the Russian Federation
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Viktor Alexandrovich Zatonsky
Associate Professor of the State and Law Department of the Volga-region Institute (the brunch) of the All-Russian State University in Saratov, Candidate of Historical Science, Associate Professor.
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Annotation: the article is dedicated to the issues of optimization of civil life and increasing of legal culture of the Russian society. The authors use anti-corruption policy as the most significant source, the criterion of effectiveness of civil life, and as the condition of increasing legal life of the society. The article contains formulated notions used by the authors in the present paper, they are “civil life of the society”, “anti-corruption policy”, “corruption activity”, “organized crime”, etc. The authors describe circumstances amplifying corruption negative effect on the one side and circumstances of the absence of anti-corruption policy on the other side. It is claims that anti-corruption police is the constant struggle for state and for optimization of civil life of the society. It fixes basic values such as providing humans’ rights and freedoms in full volume, strengthening discipline, legitimacy, and rule of law, formation of legal statehood, high level of the legal culture of the society and individual. All the notions mentioned above are the main criteria of the quality of the civil (and legal) life of the society.

Keywords: state, civil life, law, legal life, corruption, corruption behavior, corruption activity, anti-corruption activity, anti-corruption policy, powerful state, effective state.

Igor Valerjevich Skryabin
Associate Professor of the Department of state and legal disciplines of the Tula Institute (the brunch) of the All-Russian State University of Justice, candidate in historical science.
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Annotation: actuality of the topic of the article is caused by the interest of the researchers raised in the last decades, towards everyday life and legal culture of the Russian peasants’ community in post-reform period. Though some authors idealize villagers’ sense of the justice and other ones recognize it skeptically. Basing on the large actual data the author of the article describes issues of peasants’ justice in post-reform Tula village and analyzes benefits and drawbacks of the legal isolation of the villagers. The author’s views are built upon the classical theoretical methods of scientific cognition. On the author’s opinion specific features of the legal culture are caused by legal isolation and influenced by the common law. Local tradition forced all the legal options and doings of home-folks and, mostly, their engagements. Based on the author’s analysis of the archive data it is shown in the article that the use of local tradition while concluding employment agreements in major cases worsens peasants’ situation. The article contains research of local villagers’ attitude towards property delicts and the causes of disrespect towards private property among commoners. The author pays special attention to the fact that commune’s constant intention to protect its interests often faced contradictions of the official law facilities. The article contains collected and analyzed factors of inhibiting influence of the archaic principles and rules of customary law on the modernization of the village in this period.

Keywords: official law, local tradition, customary law, legal culture, privacy dealings, principles of customary law, volost (district) court, thefts.

Victor Anatoljevich Kozbanenko
Chair of the Administrative and Financial Law Department of the All-Russian State University of Justice, Doctor of Judicial Science, Professor, Class II Active State Advisor of the Russian Federation
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Annotation: the article is devoted to the analysis of such the phenomenon of constant actual value as administrative and legal culture in administration of government. Basing on the general scientific and civil studies the author describes peculiarities of the administrative and legal culture in the context of its interaction with civil servants’ legal awareness since they are viewed as objects of professional activity in the sphere of administration of government. The author also summarizes the results of the research and reasonably defines administrative and legal culture as factor of administration of government which leads to the conclusion that it affects the effectiveness of the mechanism of administrative and legal governing. Reasoning from the research’s conclusions the author justifies some suggestions about improvement of the federal legislation in the part of normative attachment of the recognition of administrative legal culture as the principle of professional servant activity. The actual results of the research may be used in the sphere of educational process in institutions of higher education within programs of higher professional education, additional professional education, and professional advancement of civil servants. The results of this research may also be used in creating and application of the measures of increasing of the administrative and legal culture within administrative lawmaking and law enforcement activities.

Keywords: legal culture, administrative and legal culture, functions of administrative and legal culture, administrative and legal nihilism, civil servants’ subculture.

Karapet Andranikovich Grandonyan
The Dean of the Economic Security and Customs Affairs Faculty, Associate Professor of the State Theory and History Department of the Saratov Social-Economic Institute (the branch) of G.V. Plekhanov REU (Russian Economic University), candidate in judicial science
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Annotation: the actual value of the article is specified by the increasing influence of globalizational processes on the national legal systems which leads to the necessity to analyze specificity and consequences of this influence. The subject of the research is dialectics of interconnection between globalization and legal culture. The aim of the article is to conclude limits of globalization’s influence on the legal culture transformation and to define the consequences of such influence. The author uses dialectical, instrumental, functional, and systematic studies. On the base of the analysis it is claimed and argued that globalization strongly influences and predetermines transformation of the legal culture, its dynamics and inconsistency; globalizational processes influence the social value of the law, because inconsistency of the transformational tendencies of the legal culture expressed via legal nihilism propagation affects social value of the law negatively.

Keywords: globalization, legal culture, acculturation of the law, law value, legal nihilism.

Luidmila Vladimirovna Saenko
Chair of the Civil Law and Procedure Department of Volga-region Institute (the brunch) of the All-Russian State University of Justice in Saratov, Candidate of Judicial Science, Associate Professor
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Annotation: the paper is concerned with the main issues of structurally functional composition of family legal relations and description of its inner parts and objective structure. The author gives type characteristics including new sorts of family legal relations. The author believes that theoretical origins of the sectoral regulation of social relations of judicial nature may be recognized as one of the sides of understanding the legal culture. The author formulates own definition of family legal relations functioning within legal space and regulated through different structural legal norms defined by family legislation and stayed under state jurisdiction of public relations where the participants act like inter-corresponding legal rights and duties.

Keywords: family relations, family law, legal relations, element of legal relations, legal culture.

Vladimir Glebovich Dorogin
Associate Professor of Public Law Department of the Saratov Social and Economic Institute (the brunch) of G.V. Plekhanov REI (Russian Economic University), Candidate of Judicial Science, Associate Professor
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Galina Alexandrovna Mavljutova
Deputy Director of relations with government agencies and public organizations, Senior Lecturer of the Theory and History Department of the Saratov Social and Economic Institute (the brunch) of G.V. Plekhanov REI (Russian Economic University), Candidate of Historical Science, Associate Professor
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Vadim Nikolaevich Ukrainskij
Associate Professor of the Theory and History of State and Law Department of the Saratov Social and Economic Institute (the brunch) of Plekhanov Russian University of Economics, Candidate of Historical Science, Associate Professor
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Annotation: the authors suggest a comparative analysis of trends in the development and structuring anti-corruption legislation in the Russian Federation and foreign countries. The urgency of the problem is stipulated by the need to strengthen the fight against corruption both in Russia and at the international level, and also by need to determine the degree to which Russian anti-corruption standards comply with international standards and contemporary challenges. The purpose of the work is to analyze the system of anti-corruption norms and, on the basis of comparison, identify possible options for improving legislation in this area. An overview of innovations in anti-corruption norms in Russia and information on the content and system of anti-corruption measures abroad is presented. It is concluded that in some areas the Russian system of norms is more effective than the system of law of other states. At the same time, some features of the foreign approach to counteracting corruption can be used in Russia. The obtained data can be used in the process of improving the normative basis for combating corruption, as well as in the educational process of the higher education system.

Keywords: corruption, anti-corruption legislation, foreign experience, action against corruption.

Amirkhan Akhmedkhanovich Amirkhanov
Lecturer of Criminal Law Department of the North-Caucasian Institute (the brunch) of All-Russian State University of Justice in Makhachkala, Candidate of Judicial Science
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Umida Akhmatovna Sharipova
The 4th year Student of the North-Caucasian Institute (the brunch) of All-Russian State University of Justice in Makhachkala
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Annotation: the actual value of the article is caused by necessity to systematize legislation due to regulation of law enforcement officials’ activity, to create options and methods of sorting the servants for civil ranks, and to sort individuals pretending to appropriate ranks in the Federal Service for Execution of Punishment basing on their personal abilities. The subject of the research is legal relationship between Federal Service for Execution of Punishment officials in the frames of their official activity and convicted inmates. The article is aimed to work out systematic methods of increasing the level of legal awareness and sense of justice among Federal Service for Execution of Punishment officials. Within the research the authors use comparing and observational methods. To solve the problem of massive violations made by Federal Service for Execution of Punishment officials towards convicted inmates’ rights and legitimate interests the authors suggest to conduct unscheduled inspection of the officials, to amplify control, and to create and enact a new federal law concluding theses omitted in active legislation. The results of the research show that the main reasons of officials’ deformed behavior are lots of sub statutory acts and law level of responsibility. Lack of control from the governance negatively affects legal relations between officials and state as well.

Keywords: legal awareness, legitimacy, the Federal Service for Execution of Punishment, institutes of correctional system, special means, problematics.

Segej Jurievich Bytko
Associate Professor of the law and procedure Department of the Volga-region Institute (the brunch) of the All-Russian State University of Justice in Saratov, Candidate of Judicial Science, Associate Professor
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Annotation: on the author’s opinion till nowadays recidivism is still formidable in its quantitative and qualitative means. That’s why clarification of its causes and work out opposite measures justify actuality of the article. The objects of the article are recidivism, its probable increase in the period of discharge from enduring the punishment, causes, and preventing measures. The author of the article tries to interpret recidivism through cultural conflict between discharged individual who adopted specific valuable system and behavior manners and the whole society. The article also contains analysis of the authors’ data concerning probability of spread of recidivism in timeline. It is showed that traditional approach of domestic criminology which determines the causes of crimes as deformation in inner moral individual’s sphere doesn’t allowed to find a fair explanation of the character of probability of recidivism spread in timeline. The author suggests recidivism hypothesis which gives non-conflict explanation of its spread. The given statistics is recent for criminal science. It was received by the author via questionnaire made among prisoners charges for criminal offences and serving sentences in placed of confinement.

Keywords: recidivism, correcting the convicted, causes of recidivism, criminal sanction, adaptation of the convicted.

Maria Evgenievna Rodina
Associate Professor of the Department of State and Law Disciplines of the All-Russian State University of Justice in Rostov-on-Don, Candidate of Judicial Science
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Annotation: the article describes the international standardization of legal rules as one of the option of solving conflict issues rising in the sphere of regulating marriage contracts. Improvement of legislation specifying conflict issues within marriage contract based on positive experience in foreign law leads to building legal mentality, respect to the law, and as a result to upraise the level of the legal culture. The author describes The Hague Convention on the Law (dated 03.14.1978) applicable to the marrieds’ property and laws applicable to marrieds’ legal relations concerning issues of their property within regulation of marriage contract in Russia. Despite the fact that the origin principle of this Convention (autonomy of the sides’ will in definition of law liable to be used in marriage contract) correspond to Russian legislation, the question of Russia’s participation needs further research.

Keywords: marriage contract, legal relations concerning property issues, international standardization, legal culture of the society, liable to be used within private and property relations, marrieds’ choice of law.

Tamara Alexandrovna Ermolaeva
Associate Professor of Foreign Law Department of the Saratov State Judicial Academy, Candidate of Judicial Science
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Annotation: actuality of the article problematics realizes through the significant changes entered in property relation legislation system after fall of the Soviet Union. The author of the article describes issues of legal regulating of the relations between couples where husband and wife are citizens of different countries and makes comparative analysis the domestic and foreign legislation in the sphere of family relations, complicated by foreign factor. The author analyzes innovative suggestions within family law (civil marriage legalization, possibility of same-sex marriages, plural marriges, etc.) and formulates conclusions and recommendations concerning improvement of active statutory and regulatory basis. Basing on legislation regulation, law-enforcement practice, and doctrine the author concludes that it is possible and wise to use foreign experience in regulating of merrieds’ property relations complicated by foreign factor in Russian Federation. The author also posses that it necessary to analyze deeper international private, family, and civil law and their practical use.

Keywords: international private family law, marriage, legal relations concerning property issues, different citizenship, actual couple, marriage and family relations, marriage contract, autonomy of will, private non-property rights.

Viktor Jurjevich Mel’nikov
Professor of the Criminal Process and Criminalistics Department of the Rostov Institute (the brunch) of the All-Russian State University of Justice in Rostov-on-Don, Doctor of Judicial Science, Associate Professor
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Bika Bagavdinovna Dzhamalova
Director of the College of Law of the North-Caucasian Institute (the brunch) of the All-Russian State University of Justice in Makhachkala, Doctor in Pedagogical Science, Candidate of Judicial Science
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Annotation: the paper deals with examine of the topical issues of social justice in constitutional, criminal, and criminal procedure law, and its role in ensuring the rights and liberties of an individual and a citizen. The authors underline necessity of increase in legal culture among officials and citizens in the process of forming state legal ideology. The purpose of this research is a comprehensive study of the problems of ensuring human rights basing on fundamental provisions of the Constitution of the Russian Federation and existing international standards. The relevance of the article is related to the necessity for providing constitutional rights and freedoms. The precedence of cultural tradition over ideological postulates is noted. The authors underline the role of legal awareness and legal culture in negotiating the gap between constitutional norms and legal reality.

Keywords: legal awareness, legal culture, justice, the rights and liberties of an individual and a citizen, legal ideology, constitutional state, civil society.

Oksana Viktorovna Dyshekova
Associate Professor of the Humanitarian and Social Economic Department of the Rostov Institute (the brunch) of the All-Russian State University of Justice in Rostov-on-Don
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Julia Alexandrovna Nizhelskaya
Associate Professor of the Department of Foreign Languages and Verbal Communication of the Russian Academy of National Economy and Public Administration at the President of RF
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Annotation: the urgency of article is connected with necessity of forming legal culture among law students basing on foreign language acquisition at the level which is high enough to realize interpersonal and professional purposes. The article is aimed to describe project method as one of the main options of the growth of students’ legal culture. The authors of the article examine formation of the foreign communicative competence among law students by means of project-based learning as one of the factors of the development of the legal culture among prospective lawyers. The authors underline necessity of using this method in the process of learning foreign language by students of judicial profile and make detailed classification of the projects. It notes that students’ project activity helps to form their legal culture. It claims that in the process of learning communicative competences due to form legal culture of the students there must be realized the development and training of individual’s ability to self-determinate and adapt in social medium, and to create an active individual life position as an object of intercultural interaction.

Keywords: legal culture, communicative skills, communicative competences, international contacts, foreign language, professional adaptation, project-based learning.

Segej Olegovich Goroshuk
Postgraduate Student of the Theory of Law Department of the P.A. Stolypin Volga-region Institute of Management – the brunch of Presidential Russian Academy of National Economy and National Services (RANCh&GS)
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Annotation: the article deals with the main approaches of the typology of state. At the present stage of the development vector of state and law building is defined but the problem of typology of modern Russian state is not solved yet. That is why in the discourse of legal studies the issues connected to this debatable problem are tend to be very actual. The author tries to define the type of modern Russian state. The article contains the analysis of Russian statehood and possible ways of development of its cultural element through the context of reasoning about defining the position of Russia among world civilizations. The author shows the role of civilization typological characteristics in this process and claims that the type of civilization depends on the strategy of survive and development of the state in the conditions of globalization.

Keywords: state, law, statehood, typology of state, civilization, civilization approach, cultural code, globalization.

Aleksej Valerievich Shatilov
Applicant of Saratov State Judicial Academy
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Annotation: the author of the article suggests preventing measures directed to individual prevention of organized fraud. These measures are based on training cultural and moral features of humans. Actuality of the topic of the article realizes through the special weight of prevention in criminology. The author describes measures of preventing organized forms of fraud among individuals and depicts that the measures must be based on strong ground consisted of legal, cultural and moral origins. Preventing work with a real individual is complicated multi-aspect process which includes all the mentioned components and applies for personal approach. On the author’s opinion it is the mostly important to develop in a human such moral and cultural features which form the ground for individual’s motivation and behavior in the future. These features are designed to displace egoistic, venal, and the other anti-social outfits of forming criminal interests.

Keywords: organized crime, prevention of crime, organized fraud, morality.

Elizaveta Sergeevna Michurina
Postgraduate Student of the Department of Constitutional and International Law of P.A. Stolypin Volga-region Institute of Management – the brunch of Presidential Russian Academy of National Economy and National Services (RANCh&GS)
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Annotation: the article is aimed to describe issues of how the level of public legal culture and degree of legal awareness influence the possibility of defense the economical grounds of Constitutional order of the Russian Federation. The author defines the sphere of using the conclusions of the present research through the theses of improvement the legal culture of the state by means of effective realization of economical rights and freedoms in in the aggregate with high level of the public legal culture. The author believes that it is necessary to create special conditions to enhance public interest in learning rights and freedoms due to improve the level of legal culture. The subjects of the research are normative legal acts and scientific literature in the sphere of issues of practical use of economical grounds of Constitutional order of the Russian Federation. The author uses as a base such traditional methods of research as Aristotelian and dialectical ones.

Keywords: Constitutional order, Constitutional grounds, economical rights and freedoms, legal culture, realization of rights, civil society.

Christina Borisovna Dontsova
Postgraduate Student of Correspondent Studies of the Theory of State and Law Department of the Saratov State Judicial Academy
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Annotation: the article is dedicated to the actual theoretical issues of interaction between substantive and procedural laws. Actuality of the research is justified by the fact that in the present period study of the systemic structure of the Russian law is mostly connected to the sectoral differentiation dynamics of its statutory and regulatory material. Among all the descriptions of the structure of law legal scholars’ attention is paid to its sectural differentiation and to the processes of formation of new law brunches. Though there is a tendency among scholars not to consider information about such bigger brunches (sub-systems) of the structure of the Russian law as substantive law and procedural law. Such division is acknowledged and mentioned in majority of scientific and manual studies of state and law discourse as a fact which doesn’t need to be specifically described. On the author’s opinion such approach mustn’t be recognize as an axiom. The subjects of the research are substantive law, procedural law, and different forms of their interconnection. The purpose of the article is to describe the nature and specificity of the two forms of negative realization of interaction between substantive and procedural laws which are unbalance and neutralization. The author used the following methodic of the research: materialist dialectic, logical, structural, legalistic, and rather-legal ones. Novelty of the research is expressed through the description of the range of regularity of unbalance factors of substantive and procedural orders in modern Russian legislation and through the analysis of the options of neutralization of the influence of the norms of substantive law from the side of the orders of procedural law. The author also pays attention to the necessity of the research of the limits of complication of procedural form of the security of law. The results of the research are definition of fault and unbalance in the process of interaction between substantive law and procedural law and description of the nature of neutralization of substantive law orders by the procedural law. These results may be used in the process of improvement of law-making practice, in monitoring of effectiveness of legislation, and in further learning of unity and interaction of the substantive and procedural laws. The author’s conclusions are the following: achievement of the balance in correlation between substantive and procedural laws have to be supported not only on legal factors within the legal system but also have to be stipulated for requirements of social relations in the current legal regulation; excessive speed of transformation of procedural part of the Russian law doesn’t’ allow it to fulfill security function towards the substantive law and it creates backgrounds for system’s unbalance in the law and judicial policy; the degree of neutralization of substantive orders by procedural orders varies from bordering of actions of substantive norms of law in some parts of it to total locking and misuse in practice.

Keywords: system of law, substantive law, procedural law, unbalance in law, neutralization of action of law.

Inna Olegovna Jurova
Postgraduate Student of the Civil Law Department of the Saratov State Academy of Law
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Annotation: the author of the article notes that corporal relations today are not relations within commercial institutions only. It is caused by the fact that growth of social activity leads to formation of many non-commercial institutions. The aim of the article is to show that abuse of corporate law is actual problem not only within commercial organizations but within non-commercial ones as well. General-theoretical and empiric research methods allowed to find out that unscrupulous use of corporate law can possibly be used within non-commercial organizations’ activity in purpose to satisfy individuals’ material and non-material interests. Results of the research show that unscrupulous use of corporate rights penetrates activity of both commercial and non-commercial organizations which causes risk of destroy the legal culture not only within separate social (corporal) communities but within the civil society in general. These factors may negatively influence prestige of the state power and as a consequence to cause denial of the morality of law, ideal and behavior patterns in the sphere of law. It determines possibility of further civilians’ study of these problematic and improvement of civil legislation in the sphere of regulation of activity of corporal organizations.

Keywords: corporate law, commercial organization, non-commercial organization, moral objects, material objects, abuse of law, business activities, income-producing activity.

Natalia Alexandrovna Ljakhova
Assistant of the Department of State and Law Disciplines of Volga-region institute (the brunch) of the All-Russian State University of Justice in Saratov
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Annotation: the article is devoted to the description of historical backgrounds of formation of Army National Guard of the Russian Federation and contains analysis of the world experience of using national guard forces for the purpose of providing order and security. Russian guard (Rusguard) is a new institution in the system of executive authority; it contains powers of many of subdivisions of Russia aimed to cover law and order needs. During the whole Russian history such formations were created in special conditions threatened political and law order of the country. It justifies the relevance of the research of historical and modern backgrounds of formation of special military organization in Russia and the role of such organizations in world policy. Scientific novelty of the research consists of the analysis of legal status of army national guard of the Russian Federation in the system of bodies providing law and order and of defining the features which characterizes army national guard as a military institution. Practical value of the article lies in working out suggestions for legislative improvement of the legal status of Army National Guard of the Russian Federation.

Keywords: Army National Guard, national interests, security of state and society, public order, law and order, secret service, military subdivisions.

Natalia Alexandrovna Bagisheva
Deputy Administrator of the State Registration of Rights to Immovable Property in Saratov #1 of Administration of the Russian State Register in Saratov region
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Luidmila Vladimirovna Saenko
Chair of the Civil Law and Procedure Department of Volga-region Institute (the brunch) of the All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia) in Saratov, Candidate of Judicial Science, Associate Professor
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