"The Legal Culture" № 4(35) 2018
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
Tsybulevskaya O. I., Guzenko E. S. Realization of Citizens’ Constitutional Right to Petition: Cultorological Dimension
Olga Ivanovna Tsybulevskaya
Chair of the Theory of Law Department, Volga-region Institute of Management – the brunch of RANEPA (the Russian Presidential Academy of National Economy and Public Administration), Doctor of Juridical Science, Professor, Honorary Figure of Russian Higher Education
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Elena Sergeevna Guzenko
Head of the Control And Documentary Support of Management of Complaints Handing Department of Saratov Region Government, Candidate of Sociological Science
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Annotation: the article contains legal cultural view on the actual problem of realization of citizens’ constitutional right to petition in public authorities’ bodies. The authors conclude that law level of legal culture among Russian citizens cannot guarantee full realization of citizens’ constitutional right to petition in public authorities’ bodies. It is claimed that increase of legal culture and legal awareness level must be primary task for governmental authorities. It is possible to reach higher level of legal culture only in case of citizens’ wish to learn their rights and options of its use; and in case of state’s wish to provide juridical knowledge to citizens. Mutual interest of citizens and authorities can guarantee increase of legal culture level and effectiveness of handing citizens’ appeals.
Keywords: civil society, realization of rights, right to petition, legal culture, legal activity, legal awareness.
Vinogradov V. A. Constitutional Freedom of Speech vs Honor and Dignity Protection for Public Officials and Politicians
Vadim Alexandrovich Vinogradov
Chair of the Constitutional and International Law Department, All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Doctor of Juridical Science, Professor
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Annotation: the subject of the research is correlation between freedom of speech and constitutional right for honor and dignity protection. The author uses the comparative legal method (besides the other ones) of the research because the complexity of its means and functions allow to reveal current tendencies of practical usage of honor and dignity protection standards, and standards of business reputation protection in cases when they fall under public political discussions and criticism in mass media. By means of analyzing practical usage of legislation acts deal with honor and dignity protection of public officials in foreign countries, decisions and rulings of European Court of Human Rights, the author comes to conclusion that developed foreign countries’ experience in questions concerning honor protection of public persons has much more broad limits of their criticism and spread of negative information about them than in cases touch ordinary citizens. The author believes that such situation is caused by fundamental significance of freedom of speech and press as well as by prevalence of issues of public interest over issues of politicians’ and officials’ private life.
Keywords: freedom of speech, honor and dignity protection, public officials and politicians, defamation, European Court of Human Rights.
Milusheva T. V., Gadisov S. R. State Sovereignty as the Basic Principle of the Russian Constitution
Tatiana Vladimirovna Milusheva, Sejmur Ramzanovich Gadisov
Chair of the Civil Law and Procedure Department, Volga-Region Management Institute – the brunch of RANEPA (the Russian Presidential Academy of National Economy and Public Administration)
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Tatiana Vladimirovna Milusheva, Sejmur Ramzanovich Gadisov
Senior Tutor of the Civil Law and Procedure Department, Volga-Region Management Institute – the brunch of RANEPA (the Russian Presidential Academy of National Economy and Public Administration)
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Annotation: the article displays a study of sovereignty as the basis of the Russian Constitution. The relevance of the article deals with the fact that in the current conditions of globalization, the inviolability of the sovereignty of the state is being questioned, and this raises the need for careful analysis and assessment of the phenomenon of sovereignty. The purpose of this study is a comprehensive political, legal and theoretical analysis of the category of “sovereignty” of the state in modern conditions. The authors use generally accepted methods of knowledge, as well as particular scientific, and such special techniques as formal legal, comparative legal, etc. The research subject includes general laws, concepts, and principles, goals of establishing and functioning of a sovereign state. In addition, the subject of research is scientific ideas, hypotheses, focused on the historical, theoretical and applied aspects of the study of the problem. It is noted that in political practice, state sovereignty and its manifestations play significant role. Various interpretations of the concept of “sovereignty” and its content are given. According to the authors’ opinion, the conclusions about the disappearance, denial or erosion of sovereignty do not seem convincing. It is argued that sovereignty is a qualitative category and a fundamental feature of the state (but not state power), which gives it a unique status of external independence and supremacy of the country. The scientific novelty of the work consists in a comprehensive scientific analysis of the category of “sovereignty” as the basis of the Russian Constitution.
Keywords: state, sovereignty, state power, supremacy of state power, independence of state power, Constitutional order.
Philosophy of Legal Culture. The Theory is Right. State Theory
Leksin I. V. The Influence of the Constitution of the Russian Federation on the Linguistic Culture of Jurisprudence
Ivan Vladimirovich Leksin
Chair of the Legal Grounds and Management Basis Department of State Management Faculty, Moscow M.V. Lomonosov State University, Doctor of Juridical Science, Associate Professor
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Annotation: the article is devoted to linguistic problems of the Constitution of the Russian Federation in 1993 and their influence on the language of legal science, legal education, and legal practice. The author states the scale of the linguistic role of the Constitution of the Russian Federation, while noting the multitude of language errors in its content, which are directly reflected in scientific works, educational process, the results of lawmaking and law enforcement activities. The author analyses concrete examples of unsuccessful provisions of the Russian Constitution, devoted to the characterization of the Russian state, the institutions of civil society, the status of the individual, the federal structure, the system of state bodies, and local self-government. The author suggests the following solutions to the considered problems: rejection of excessive dogmatization of constitutional formulas, increased attention to the linguistic technique of changes added to the Constitution of the Russian Federation, use of the legislative potential of indirect transformation of the Basic Law, and increasing the interpretative role of the Constitutional Court of the Russian Federation.
Keywords: Constitution of the Russian Federation, juridical language, culture, juridical science, juridical practice, Constitutional Court of the Russian Federation.
Rozhdestvina A. A. Mediation Approach to the Development of the Legal Culture
Anna Anatolievna Rozhdestvina
Director of Supplementary Education Center, Volga-region Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia)
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Annotation: relevance of the article is defined by the search of possibilities to use actual ways to develop legal culture. The subject of the research is mediation approach to legal culture improvement. The article is aimed to describe the nature of mediation approach as the mean of legal culture development that also justifies the novelty of the research. The author uses methods of theoretical research including interdisciplinary analysis and synthesis of information compound from legal and psychological pedagogical literature. The author concludes that in case of using mediation approach as pragmatic one, activity is realized on mediation principles and applies for skills of perceived positive communication aimed to prevention and (or) effective resolution of disputes and conflicts in everyday life. In this case mediation procedure is not needed. The article contains description of mentioned activity features and determination of the features which support development of legal culture functions.
Keywords: legal culture, functions of legal culture, mediation approach, activity, features of activity in mediation approach.
Tikhonova O. Ju., Nesmachnaya N. V. Analysis of the Educational Function of Trade Unions in the Context of the Study of the Citizens’ Constitutional Right to Unite
Olga Jur’evna Tikhonova
Associate Professor of Labor Law Department, Saratov State Academy of Law, Candidate of Juridical Science
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Nina Valer’evna Nesmachnaya
Senior Tutor of Criminal Procedure Department, Saratov State Academy of Law, Candidate of Juridical Science
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Annotation: the article carries out a study of the citizens’ constitutional right to unite, analyzes the purpose of the functioning of trade unions through the lens of research of these associations’ main functions. It is determined that participation in trade unions is one of the most effective and progressive forms of realization of the constitutional right of citizens to unite. The authors justify the expediency and necessity of consideration of the educational function of trade unions; and determine the main options and methods of implementation by the considered associations of activities to improve the legal awareness of employees and employers. The authors describe possibility of considering the following basic elements within the framework of the structure of legal awareness of workers: cognitive-ideological, evaluative-psychological and communicative nature. In the considered direction of the trade unions, two main methods for the implementation of the educational impact are analyzed: structural-organizational and cultural-legal. It is substantiated that the structural-organizational method is represented by clear rules for the functioning of trade unions, framed by law for directions of activity. It is noted that the cultural-legal method for the implementation by trade unions of activities to improve the legal awareness of workers and employers provides for a common culture of functioning of these associations in various areas.
Keywords: constitutional rights, trade unions, defense of labor rights, employee, employer, educational function, legal awareness, legal culture.
Legal Сulture of Right Creativity
Peretyat’ko N. M. Legislative Regulation of Restraint in the Form of Prohibition of Peculiar Activities in Criminal Proceeding: Lawmaking Culture
Natalia Mikhailovna Peretyat’ko
Chair of the Criminal Law and Procedure Department, Volga-region Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Juridical Science, Associate Professor
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Annotation: relevance of the article consists of necessity to provide further improvement of legal culture of lawmaking process and to achieve matching between legislation regulatory measures of procedural forcing and the whole purpose of criminal procedure and principles of democratic society. Purpose of the research is to learn legislative regulation of new restraint measure in the form of prohibition of peculiar actions. The author uses the following general methods of research: common, general scientific (synthesis, analysis, systematic method), partial scientific (legalistic, rather-legal, sociological) methods. During the analysis of criminal procedural standards of RF Code deal with restraint measures regulation the author finds our contradictions and gaps in regulation of restraint in the form of prohibition of peculiar activities. Removal of these disadvantages leads to raise of legal culture level among lawmakers, to realization of criminal procedure aims by means of defense of rights and legal interests of individuals suffered from crimes, and to defense of a human from unlawful and unjustified blame, conviction, and restriction of rights and freedoms.
Keywords: criminal procedure, restrain measures, prohibition of peculiar activities, use of restraint measure, duration of prohibition of peculiar activities, change of measure of restraint, lawmaking culture.
Lavrinov V. V. Legal Culture and Law-Enforcement Construction of the Punishable Kinds of Smuggling
Vyacheslav Viktorovich Lavrinov
Associate Professor of Criminal Process and Criminalistics Department, Rostov-on-Don Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Judicial Science
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Annotation: the author analyses specifying standards of criminal liability for crimes in smuggling sphere from the point of view of legal culture. This type of crimes are highly socially dangerous both in sphere of public security and health of the society and in sphere of economics. These factors specify the relevance of the present paper. Subject of the research is represented by set of criminal law rules which fix responsibility for smuggling. The purpose of the research is to learn criminal laws deal with special kinds of smuggling from the position of adhering to the legal culture principles. The described problematic was never discussed in scientific researches before; it affirms the novelty of the article. The author notices that legislator’s point of view nowadays doesn’t match requirements of the legal culture. It is claims that for legal culture the present reduction of the described standards is quite uncertain. This fact applies the necessity to edit them.
Keywords: legal culture, criminal legislation, rule of law, custom crimes, smuggling, criminal responsibility, customs border, unauthorized transfer, Eurasian Economic Union.
Legal Culture of the Law Enforcement
Lyudmila Aleksandrovna Brusenskaya, Ella Germanovna Kulikova Legal Culture against Manipulative Strategies in Advertisement: Linguistic-Juristic and Linguistic-Pragmatic Aspects
Lyudmila Aleksandrovna Brusenskaya
Professor of the Russian Language and Speech Culture Department, Rostov State Economic University (Rostov Institute of National Economy), Doctor of Philological Science, Professor
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Ella Germanovna Kulikova
Professor of the Humanitarian and Social Economic Disciplines Departments, Rostov Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Doctor of Philological Science, Professor
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Annotation: the authors of the present paper analyze manipulative techniques in advertisement through the legal culture context. The relevance of the article is caused by the fact that despite advertising law protecting customers from inappropriate advertisement the use of manipulative techniques let unfair advertisers avoid responsibility. The authors depict the necessity to improve linguistic-juristic expertise of advertising text. Patterns motivating customers to buy goods are recognized as manipulative ones although the fact that they are written in advertisement manuals and tutorials. It is also noted that correction of advertising process is not only law’s function but professional ethic’s (list of rules of behavior based on system of professional values) as well. Manipulative influence grounds on the difference between the general and contextual word meaning. It is claimed that the truthful advertisement is the one based on argumentation describing attractive for buyers features of the goods.
Keywords: speech impact, conviction, verbal manipulation, legal culture, ethics.
Zelensky P. A. Productivity of Public Boards’ Work at State Authorities as the Indicator of Legal Culture of the Society
Pavel Alexandrovich Zelensky
Candidate of Judicial Science, Associate Professor of Theory of Law Department, Volga-region Institute of Management – the brunch of RANEPA (the Russian Presidential Academy of National Economy and Public Administration)
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Annotation: the relevance of the article deals with increasing role of public control in the system of the present government, necessity of development of perspective forms of interaction between state and society, and raise of level of legal culture of the society. The subjects of the research are peculiarities of development of institution of public boards at state authorities in Russia, and specificity of legal regulation in this sphere. The article is aimed to estimate the productivity of public boards’ work at state authorities; to define factors inhibiting development of this legal institution in our country; and to work out recommendations for solving the present problems in this sphere. The author uses dialectical, structural functional, and system approaches; and formal judicial method. In the end of the research the author justifies his point about insufficient level of growth of public boards institution at state authorities in Russia; proves the necessity to delete spaces in corresponding legislative acts, to improve procedures of forming consistence of public boards, and to strength role of public boards in the system of management decisions.
Keywords: state authorities, civil society, legal culture, public boards, public control, disclosure.
Afanas’ev S. F., Volkova T. V. Land Disputes: Term and Peculiarities of Proceeding
Sergej Fiodorovich Afanas’ev
Chair of the Arbitral Procedure Department, Saratov State Academy of Law, Doctor of Juridical Science, Professor
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Tatiana Vladimirovna Volkova
Associate Professor of Agrarian and Environmental Law Department, Saratov State Academy of Law, Judge of the Twelfth Arbitral Court of Appeal, Candidate of Juridical Science
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Annotation: relevance of the term of the article is caused by necessity to increase justice effectiveness in the sphere of agrarian law. Methodologically the article is based on dialectics, abstracting, analysis, synthesis, deduction, logical method, legalistic method, and method of juridical researches. The authors describe different points of view on the essential nature of the term “land dispute” and give author’s definition of the notion. Factors complicating creation of unified order of land disputes proceedings are learned. The authors conclude that in the present moment right-of-way measures are: providing a legislative framework for the term of land dispute, creation of single classification of land disputes and its constant modernization (adaptation) in accordance to changes in objective reality, and professionalization of courts (judges) in charge with land disputes.
Keywords: land, land disputes, agrarian relations, rights of agrarian relations participants, court defense, procedure, court practice.
Sergun E. P. Legal¬technical analysis of the crime under Part 1 of Article 282.2 “Organization of activities of an extremist organization” of the Criminal Code of the Russian Federation
Evgenij Petrovich Sergun
Associate Professor of the Law, Philosophy, and Sociology Department, Gorno-Altaic State University, Candidate of Juridical Science, Associate Professor
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Annotation: relevance of the article is caused by the fact that article 282.2 of the Criminal Code of the Russian Federation reflects the body of crime which is one of the most disputable and lacking general rules in Russian criminal law. Since 2002 this criminal legal forbiddance has been undergone jural-technical criticism of criminologists and professionals in the criminal law area. However, the legislator is convinced of the correctness of his views and for more than fifteen years of the existence of Art. 282.2 of the Criminal Code of the Russian Federation he did not dare to revise the concept. On the contrary, in recent years there has been an expansion of the subject of criminal law regulation of art. 282.2 of the Criminal Code, which only increases the number of scientific and practical issues that remain unclear. The subject of the study is the crime under Part 1 of Art. 282.2 of the Criminal Code. The purpose of the work is to give legal and technical evaluation of the quality of the questioned criminal law. The methodological basis of the research is formed by the universal method of materialistic dialectics in conjunction with the basic general scientific, as well as private scientific and private-law methods of criminal law doctrine. The general substance of the publication is reduced to a statement of the main constructive disadvantages of art. 282.2 of the Criminal Code. Elements of scientific novelty are realized via the author’s brief generalization of the judgments previously expressed in the scientific knowledge and via the presentation of the author’s own justified position. The results of the study shaped in a generalized conclusion about the contradiction of Art. 282.2 of the Criminal Code of the Russian Federation to basic criminal law principles. The results are primarily addressed to the legislator, the judiciary and the scientific community.
Keywords: "extremist organization, crimes against foundations of constitutional order, extremism, extremism activities, countering extremism, anti-extremist legislation, legal technique of criminal law, the quality of criminal law, redundancy of criminal law regulation. "
Saenko L. V., Fadeeva G. V. Concerning Recent Improvement Directions of Family and Notarial Legislation System in Russia: Constitutional, Administrative-Jural and Civil Aspects
Luidmila Vladimirovna Saenko
Chair of the Civil Law and Procedure Department, Volga-region Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Juridical Science, Associate Professor
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Galina Vladimirovna Fadeeva
Associate Professor of the Civil Law and Procedure Department, Volga-region Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Juridical Science
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Annotation: the article is devoted to the relevant points of Russian notariate activity towards defense of family rights. The subject of the research is represented by constitutional, administrative-jural and civil aspects of recent improvement directions of family and notarial legislation system in modern Russia. Purpose of the article is to detect main tendencies of legislation system evolution in the Russian Federation within the area of regulation of family relations and notarial activity. Methodological base of the research includes common, general scientific, special, and partial scientific methods of theoretical and empiric nature which are synergetic and integral, structural functional methods, and epistemological approach; dialectical and logic, and legalistic methods. The use of systematic analysis allows formulating improvement suggestions for the Russian Federation legislation. On the authors’ opinion changes of typical institutions, appearance of absolutely novel institutions influencing transformation of the whole system of matrimonial legislation and lead to increase number of cases when family rights and interests of family members can be breached. Basing on these facts the authors conclude that it is necessary to set up additional notarial defense for family members’ rights. Special attention is paid to the fact that by enlarging list of notarial actions legislator aims to provide clean title of contracts between participants of civil and matrimonial circulation and, as the result, to defense subjective rights of such objects as family members.
Keywords: matrimonial relations, matrimonial law, defense of family rights, notariate, notarial actions, notarial authenticate of contracts.
Tat'yana Aleksandrovna Bogorubova, Vladimir Vladimirovich Reshetnikov Citizens’ Right for Health Protection as the Main Direction of Stable Development of Russia: Constitutional Aspects
Tat'yana Aleksandrovna Bogorubova, Vladimir Vladimirovich Reshetnikov
Chair of the Humanitarian, Social Economic, and Legal Disciplines Department, Volga-region Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Sociological Science
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Associate Professor of Philosophical Department, Volga-region Management Institute – the brunch of RANEPA (the Russian Presidential Academy of National Economy and Public Administration), Candidate of Agrarian Science, Honored Forestry Specialist of the Russian Federation, Corresponding Member of the Academy of Ecology (Saratov Department)
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Annotation: the relevance of the research is caused by importance of guarantee of human rights in general and especially in health protection sphere. The authors believe that increasing citizens’ insistence on quality of medical help is connected to the heightened level of the legal culture among people. It is claimed that despite the prior status of social and health protection rights and rights for expert medical help, consolidated in the Constitution of RF, the situation today can be characterized as demographic ill-being with sharp aggravation of humans’ health. On the authors’ opinion it is the result of ongoing economic crises, including health sector. Different demographic indicators (for the whole country, and for Saratov region specially) are analyzed. Majority of sources show quite ill-being demographic tendencies and aggravation in health of population in absolute majority of Russian regions, and decay or significant deterioration in the availability and level of health care for the population. The authors note the need for law-making and law enforcement work on the development of a number of programs and a set of measures in the field of health protection directed to increase the lifetime of the population and improve the environment.
Keywords: human rights, health protection, demography, quality of medical help, legal culture, public health, sustainable development, law-making and law enforcement work.
Smushkin A. B., Savel'eva M. V. On the Issue of Development a Methodology of Investigating Crimes of Extremist Nature as a Condition for Ensuring Constitutional Rights of an Individual
Aleksandr Borisovich Smushkin
Associate Professor of the Criminal Law and Procedure Department, Volga-region Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Juridical Science, Associate Professor
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Marina Vladimirovna Savel'eva
Associate Professor of the Criminalistics Department, Saratov State Academy of Law, Candidate of Juridical Science, Associate Professor
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Annotation: the relevance of the research of the legal and forensic frameworks for countering extremism deals with instability of legislation in this area, the lack of a unified legislative interpretation of extremism and extremist activities, and the modern legislative regulation of extremist crimes as acts contradicting the multi-ethnic and multi-religious nature of Russia. The subject of scientific research is represented by the legal and forensic basis of countering extremism and extremist crimes. The purpose of the article is to justify the need to develop a comprehensive methodology for investigating crimes of an extremist nature in order to ensure the constitutional rights of an individual. The methodology of the research consists of: universal dialectical, concrete sociological, logical-legal methods of comparative legal analysis. The authors of the article analyze modern legal framework in the field of countering extremism and traditional terminology. The paper contains content of the following basic concepts: “extremism”, “extremist activity”, and “extremist crimes”. It justifies the need to develop a basic forensic methodology for investigating crimes of an extremist nature; attention is drawn to a number of problems in the implementation of anti-extremist measures. The novelty of the article lies in justifying the need to create an integrated (basic) methodology for investigating crimes with an extremist focus, a unified legislative approach to the concept of extremism and extremist activity. The authors believe that it can help to increase the effectiveness of law enforcement and, as a result, reduce the legal nihilism of the population and increase its legal culture.
Keywords: constitutional rights and freedoms, religious freedom, extremism, extremist activity, methodology of investigating crimes of extremist nature.
Bajkina E. S. Identification of Every Element of Taxation when Laying dawn a Tax as a Way to Adhere to Taxpayer’s Rights and Guarantees: Role and Place in Legal Culture
Ekaterina Sergeevna Bajkina
Associate Professor of Department of Financial, Bank, and Customs Law, Saratov State Academy of Law, Candidate of Judicial Science, Associate Professor
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Annotation: the author analyses questions about role and place of legal culture in taxation sphere; describes options of raise of legal culture level when set up a tax which lead to adhere to rights and legal interests of a taxpayer. The research is aimed to find the most effective ways to increase legal culture among taxing authorities and taxpayers. According to the authors view it can help to avoid certain legal conflicts. The results of the article include some suggested state measures towards informatization of taxpayers; the author believes that it causes increase of citizens’ legal culture level in the sphere of tax payments. In particular the author suggests Federal tax agency’s inspectorate to provide free seminars and trainings for taxpayers and to add to the stuff an appointment of local supervisor. The author claims that to increase effectiveness of interaction between taxing authorities and taxpayers it is necessary to increase legal culture level; the author is sure that it is the problem of state, social institutions, and scientific community; suggested measures are alternative means of achievement of fixed aims in the sphere of raise the tax culture.
Keywords: legal culture, tax culture, tax, taxation elements, laying dawn a tax, providing of rights and guarantees of taxpayrs.
Legal Culture: Human Rights, Rights of the People. International Cooperation
Uvarova I. A. Legal Grounds of International Cooperative Fight to Drag-Related Crimes
Irina Alexandrovna Uvarova
Chair of the Criminal Law and Procedure Department, S.U. Vitte Moscow University, Candidate of Juridical Science, Associate Professor
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Annotation: the relevance of the paper’s topic is served by the fact that today there is sharp growth of number of people involved to illegal drags traffic that leads to spread of drug business and organized crime. The article discusses the problems of legal regulation of cooperation with international organizations in the framework of identifying illegal actions with narcotic drugs, analyzes the legal norms governing the objectives, main directions, and tasks of countering drug-related crime. The need for continuous improvement of measures aimed at identifying and suppressing the activities of organized criminal groups and communities involved in the commission of drug offenses at the international level is noted.
Keywords: international organizations, international cooperation, criminal procedure, drug-related crimes, countering crime, anti-drug strategy, legal regulation.
Legal Culture and Education
Sulejmanov B. B. Legal Education: Some Methodological Issues
Bigruzi Bukharinovich Sulejmanov
Chair of the Theory of State and Law Department, North-Caucasian Institute (the brunch) of All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Historical Science, Associate Professor, Honoured Jurist of Dagestan Republic
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Annotation: current scientific theory of legal education contains lots of methodological questions which are needed to be clarified and learned. Despite it recent changes in Russian society influenced aims, tasks, and system of education. The subject of the research is represented by theoretic methodological aspects of legal education as sources of forming legal culture of a human and society as well as traditional for domestic jurisprudence doctrinal approaches in the sphere of legal education. The main purpose of the article is to analyze the most significant approaches to legal education as a mean of development legal culture and doctrinal brunch. The author uses different scientific methods such as logical, rather-legal ones, etc. The novelty of the article realizes through analysis of current approaches to the legal education term and through learning of the issues appropriate in forming the theory of legal education. In conclusion the author suggests to consider theoretical issues of education as basic ones for the theory forming legal education.
Keywords: legal culture, education, legal education, law, legal awareness, legal nihilism, legal system.
The Tribune of the Young Scientist
Kuliev D. T., Smolkina I. A. Legal Culture of Realization of Powers of the President of the Russian Federation
Dzhamali Tofokovich Kuliev, Irina Alexandrovna Smolkina
Magister Student of the second course, National University of Research “Higher Economic School”
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Magister Student of the second course, National University of Research “Higher Economic School”
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Annotation: the article addresses the issue of hidden (extra-constitutional) powers of the President of the Russian Federation. It is noted that the Constitution of the Russian Federation does not contain an exhaustive list of presidential functions; in practice his powers are often greatly expanded. The purpose of this study is to analyze the powers of the President of the Russian Federation and to identify ones that do not comply with the Constitution of the Russian Federation. The relevance of the work deals with the rapid growth of presidential powers since the adoption of the current Constitution of the Russian Federation. The article describes some issues of recognition in Russia of the doctrine of hidden powers, the statistics of their expansion, and the scope of activities regulated by these hidden functions. It turns out that on some issues the Constitution of the Russian Federation grants unlimited powers to the head of state; at the same time, the phenomenon that we call empowerment, in fact, is often just a concretization of constitutional functions and tasks.
Keywords: Constitution of the Russian Federation, President of the Russian Federation, legal culture, hidden powers.
State and Society: Interaction Theory and Practice
Grigor’ev A. N. About State Protection of Rights and Interests of Entrepreneur
Aleksey Nikolaevich Grigor’ev
Director of LLC (a limited liability company) “Juridical Practice “Excellent Prof”, Candidate of Juridical Science
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Annotation: the article is written to summarize the experience of state in the sphere of regulation of relations within protection of entrepreneurs’ rights; to identify the dependence of condition and development of the economy and social sphere of Russia on the state of legal regulation in the field of protection of the rights of entrepreneurs, and the degree of protection of entrepreneurs.The subject of the article is represented by analysis of methods and mechanisms of protection of rights of business activity objects and state influence on the relations within this area. To enrich scientific objectiveness of the research results the author uses general scientific and special methods including analysis, synthesis, induction, deduction, classification, and summarizing. The author claims that incorrect presentation of several paragraphs of the described normative act, ensuring order of self-regulating organizations’ activity, leads to violation of entrepreneurs’ rights that is unacceptable. The author’s conclusions and suggestions can be used in scientific research activity purposed to further study of problems of mechanism of entrepreneurs’ rights and legal interests defense; as well as in lawmaking activity, especially in the development and adoption of legal acts aimed to improving the legislation governing public relations in the field of protection of the rights of business entities.
Keywords: protection of entrepreneurs’ rights, self-regulating organizations, non-commercial organizations, indemnification fund, private businessman, legal entity.