"The Legal Culture" № 1(10) 2011
Legal Culture, Government, Policy
Bajniyazov R. S. Concept of Legal Culture as the Realization of Legal Consciousness
Annotation: in the article the legal culture is presented as the reality of legal consciousness which defines a condition of legal culture. The legal culture acts as internal display of legal consciousness. The concept of legal culture is determined by concept of legal consciousness.
Keywords: spirit, legal consciousness, legal culture.
Bondarev A. S. Legal Culture in Legal Educational Process
Annotation: in the article the legal educational process is considered as the formed and purposeful side of legal socialization in legally organized society. As the purpose directing this process the ideal image of high legal culture acts.
Keywords: the spontaneous legal socialization, the organized legal socialization, education, legal culture, the purpose of legal education.
Vlasova O. V., Kasaeva T. V., Milusheva Т. V. Respect of Human Dignity and Some Questions of Restriction of the Public Power
Annotation: the constitutional idea of value of the human, including a principle of an unconditional recognition of its advantage, having its purpose the government restriction is considered in the article . It is noticed that the humanitarian essence of human rights determines the coherence of the government with the legal, sociocultural, moral standards of mutual relations of the person and the state, their mutual responsibility.
Keywords: dignity, human rights, restriction, the public power, legal culture, legal education.
Sorokina V. V. Fajngersh S. M. Prosecution Office in the Mechanism of a Law-enforcement Policy: Some Problems of Activity
Annotation: in the article some problem questions of activity of Office of Public Prosecutor and public prosecutor’s supervision are considered, the place and the role of Office of Public Prosecutor in the mechanism of forming and realization of a law-enforcement policy is characterized, necessity of perfection of system of the norms regulating supervising public prosecutor’s activity is proved.
Keywords: public prosecutor’s supervision, supervising powers, the processual form coordinating activity.
Hizhnjak V. S. The Protection of the State Sovereignty as the Basic National Interest of the Russian Federation
Annotation: in the article problems of protection of the state sovereignty of the Russian Federation are considered, modern theories, «sovereignty restrictions» are analyzed, «sovereignty self-restrictions», etc. The interrelation of protection of the state sovereignty of the Russian Federation with its other national interests is investigated.
Keywords: national interests, the state sovereignty, protection of the state sovereignty, sovereignty self-restriction, globalization.
Legal Culture of Law-making
Kamenskaya E. V., Rozhdestvina A. A. Corraptogenic Factors as Consequence of Infringement of Rules of Legal Technics
Annotation: the article is devoted to the consideration on the example of the Federal law from December, 29th, 2010 № 436-FZ «About the protection of children against the information harming their health and development» of the cases when infringement of rules of legal technics involves occurrence in the law the corruptiogenic factors.
Keywords: rules of legal technics, normative legal act, corruptiogenic factors, protection of children, the information harming health and development.
Prutskova N. A. Concept and Features of a Legal Basis of the Activity of the Investigator in Criminal Legal Proceedings
Annotation: the analysis of the main laws and other regulatory legal acts are making a legal basis of activity of the interrogator in criminal trial is offered in the article. And also on the basis of the analysis the own treatment of concept of a legal basis of the interrogator proceedings is suggested.
Keywords: a legal basis, system, laws, regulatory legal acts of Russian Federation, inquiry, the investigator (interrogator).
Karachun V. D. Typological Features of the Government in State Regulation System: Interrelation and InterconditionalityKeywords: government regulation, governance, external legal regulation, the domestic regulatory framework, the public in the legal regulation, regulation in the public
Annotation: this article explores the relationship between the public and the legal regulation and governance, defines the internal and external legal regulation in relation to governance. The author deduces the formula of the private and common in the legal regulation and governance.
Keywords: government regulation, public administration, external legal regulation, internally legal regulation, public in the legal regulation, legal regulation in public
Titova A. A. The Influence of the Constitution of the Russian Federation on the Development of the Current Legislation
Annotation: this article deals with the development of current legislation, which currently occurs with the simultaneous development of the Russian Constitution and under its influence. Particular attention is paid to the direction of development of the Basic Law the «transformation», which is implemented by the adoption of federal constitutional laws, federal laws, and the interpretation of the Constitutional Court of the Russian Federation.
Keywords: the constitution of the Russian Federation, the constitutional court, development of the Constitution of the Russian Federation, legislation development, influence of the Constitution of the Russian Federation, the administrative legislation, the ecological legislation, the criminal procedure legislation.
Legal Culture of the Law Enforcement
Krajneva O. L. The Social, Economic and Spiritually-Moral Reasons of Violent Criminality in Russia at the Present Stage of Development
Annotation: in the article the complex approach to studying of the reasons of violent criminality is proved. On the basis of the analysis of statistics data and the empirical data received during expert canvass of law enforcement officers, the criminality reasons in social, economic and spiritually-moral spheres of a society are established.
Keywords: violence, violent criminality, the social, economic and spiritually-moral reasons of violent criminality.
Kurochka E. V., Plotnikova I. V. Legal Culture of the Russian Criminal Legislation in the Sphere of a Criminal Liability and Punishment for Separate Kinds of Crimes
Annotation: in the article the questions of conformity of norms of Section VIII «Crimes in economy sphere», Chapters 22 «Crimes in economic activities sphere» and articles 171, 176, 177 of the special parts of the Criminal code of the Russian Federation to the basic principles put in norms of the General part of the Criminal code of the Russian Federation are brought up. Offers on perfection of the Russian criminal legislation are formulated.
Keywords: criminal law problems, objects of criminally-legal protection, the prevention of crimes, property confiscation, illegal business, illegal reception of the credit, malicious evasion from accounts payable repayment.
Telegina E. G. Criminological Judgement of the General-Social Problems of the Prevention of Repeated Criminality of Female Persons
Annotation: the influence of mass media on the formation of the outlook and legal consciousness of the population is considered; the application of violence concerning women and a number of other factors promoting repeated criminality of female persons measures of rehabilitation of the women released from places of imprisonment and other preventive measures of general-social character are offered.
Keywords: repeated criminality of female persons, influence of mass-media, cultural-educational level, general-social measures of the prevention of criminality.
Rabadanov A. S. Performance of the Special Task as the Circumstance Excluding Criminality of the Action
Annotation: in the article the attempt to open a problem of criminally-legal regulation of activity of the official, or a group of persons, on realization by it (them) the personal rights, professional, official duties, the performance of the special task is undertaken. The author’s concept definitions of «Performance of the special task» and the recommendation about its inclusion in the criminal code of Russian Federation, quality of norm about the circumstances excluding criminality of act is offered .
Keywords: the special task, official duties, self-defense, tresspasses, professional risk, law enforcement, circumstances of protection, a criminal encroachment, law protected interests.
Tsybulevskya E. V.Bank Culture and its Role in Law Enforcement Process
Annotation: in the article the interaction of Bank of Russia with the credit organizations in the conditions of realization of the Russian reforms is analyzed. Necessity of application of institute of the discretion with reference to types and forms of bank relations is shown. The characteristic of a legal basis of the application of professional judgement for acceptance of supervising decisions by Bank of Russia is given. The role of legal culture of the bank community at the present stage is defined.
Keywords: the Central bank of the Russian Federation, bank supervision, the discretion, professional (motivated) judgement, legal culture.
Legal Cultire and Human Rights
Podmarev A. A. The Restriction of the Rights and Freedom of the Person and the Citizen: Concept, Bases, Value
Annotation: in the article the legal category «restriction of the rights and freedom of the person and the citizen» is analyzed, the bases of restriction of the rights and freedom of the person and the citizen are considered, value of restrictions of the rights and freedom of the person and the citizen is defined.
Keywords: the rights and freedom of the person and the citizen; restriction of the rights and freedom of the person and the citizen; the bases of restriction of the rights and freedom of the person and the citizen.
Morozov A. P., Zatsarenko A. O.The Protection of the Social Rights of Military Men by the Bodies of Military Office of Public Prosecutor
Annotation: in the article the activity of military Office of Public Prosecutor on maintenance of the social rights of military men is considered. It is noticed that now the given activity is effective enough, will include in the maintenance various directions, as that: supervising activity, representation in judicial bodies, rendering of a legal aid and carrying out of educational work.
Keywords: human rights, the status of military men, guarantees of the rights and freedom, Office of Public Prosecutor of the Russian Federation, military Office of Public Prosecutor, public prosecutor’s supervision.
Korduba S. B. Constitutional Duty of Russian Federation: Classification and Value
Annotation: the author gives an analysis on constitutional duties which Russian citizens have, shares his view on classification of duties and their meaning for society and state.
Keywords: Russian constitutional law, constitutional duty, classification, value.
Ivanova M. I. The Concept and Features of Constitutionally-Legal Mechanism Protection of Children who are in Socially Dangerous Situation
Annotation: this article discusses the definition of concepts such as «safety and protection of human rights», «mechanism to protect the rights of the child». Based on an analysis of these concepts, there is given a definition of «constitutional and legal mechanisms to protect the rights of children living in socially dangerous situation» and examine its features.
Keywords: protection of the rights, rights protection mechanism, features of the mechanism of protection of children
Legal Culture and Education
Ahmetova D. I., Lazareva E. V. Juridical Education in Russia: History and the Present
Annotation: the article is devoted the processes connected with reform of law education in Russia. Authors give special attention to the draft «About education», to the defects in it. They consider some approaches to improvement of quality of law education.
Keywords: law education, legal culture, legal consciousness, the lawyer.
Kondratyeva E. V. Legal Clinical Training as one of Forms of Legal Education of Students
Annotation: in the article it is considered the debatable questions of legal education, author’s definition of the given phenomenon is made, its forms, methods, the realization mechanism are investigated. The special attention is given to legal education of law students in the course of rendering of a free legal aid by them in legal clinics of high schools.
Keywords: legal education, legal culture, legal consciousness, forms of legal education, legal training, the mechanism of legal educational activity, juridical education, clinical training.
Scientific Reports
Mosolkin S. V. Political Processes over Socialist-Revolutionaries in the Revolution of 1905
Annotation: the article is devoted to the analysis of procedural peculiarities of political trials with socialist-revolutionaries in 1905. The behaviors of defendants and their attitude to trial is shown. The author comes to a conclusion that rigidity of litigations and an abundance of death sentences didn’t stop but only embittered fighters against autocracy.
Keywords: trials in pre-revolutionary Russia, socialist revolutionaries, Russian advocacy, act of terrorism, death sentence.
The Tribune of the Young Scientist
Zyryanov I. A. Mechanism of the International Protection of Political Variety
Annotation: in the article the ways of the international protection of a principle of political variety by the bodies supervising observance of the international contracts within the limits of the United Nations, Organization of Security and Cooperation in Europe and the Council of Europe are analysed.
Keywords: political variety, interstate bodies under human rights, protection of the political rights, the European Court of Human Rights, liability of infringement of the international obligations.
Bogomolova K. I. Criminality of Foreigners, as Object of Independent Research
Annotation: in the article the concept of the criminality connected with foreigners is investigated. The special attention is given to its interrelation with such kinds of criminality as: international, migratory, transnational and ethnic.
Keywords: criminality of foreigners, the international, migratory, transnational and ethnic criminality.
Kasaev I. H. Ethnic Criminality in Russia: Criminological Aspect
Annotation: the author analyzes a criminological situation in Russia, which is connected with the existence of such social phenomenon as ethnic criminality. The short characteristic of ethnic criminality is given. The definition of ethnic criminal group formulated by the author is offered.
Keywords: the organized and ethnic criminality, ethnic criminal groupings.
Leonova T. Yu. The Execution of the Order or the Instruction, as the Circumstance Excluding Criminality of Act
Annotation: in the article attempt to open a problem of formation of institute of execution of the order or the instruction is undertaken. Some questions of a criminally-legal estimation of socially dangerous actions or inactivity connected with realization of the given norm, taking into account questions of the theory and law enforcement practice are taken up.
Keywords: order execution, official duties, self-defense, tresspasses, the order, law enforcement, circumstances of protection, a criminal encroachment, legally protected interests.
Kuchapina K. S. The Corruption in Law-enforcement Bodies: the Reasons, Consequences, the Counteraction Organization
Annotation: in the article the problems of counteraction of corruption in law-enforcement bodies are considered. The analysis of the reasons promoting development of corruption in law-enforcement bodies is carried out. The influence scheme on corruption criminality of employees of law-enforcement bodies is offered.
Keywords: corruption, the reasons and corruption factors, the organization of counteraction of corruption, fight against corruption.
Bratashova N. I. Concept of an Ecological Crime
Annotation: article is devoted to the history of formation of concept «an ecological crime». The author proves necessity of legislative fastening of the given concept, and also offers the variant of a definition «ecological crimes».
Keywords: the ecological crime; the crimes encroaching on fauna, illegal hunting, illegal extraction water biological resources.