"The Legal Culture" № 2 (37) 2019

"The Legal Culture" № 2(37) 2019

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

Fomin A. A. Legal Responsibility of State Bodies and Officials as a Guarantee of Constitutional Safety

Aleksey Alexandrovich Fomin
Professor of Constitutional and Administrative Law Department, Saint-Petersburg State Economic University, Doctor of Juridical Science, professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: the article is dedicated to the complex research of interconnection between irresponsibility of authority from the one side and national safety and constitutional order from the other side. Special attention is paid to constitutional security, which is a state of legal security of the foundations of the constitutional system, security and legal security of such national interests as state sovereignty, territorial integrity, and stability of the political, socio-economic and legal systems. The irresponsibility of state authorities, local self-government and their officials is one of the most significant factors posing a threat to constitutional security, serves relevance of the article. These factors also justify the theoretical and practical meaning to address the issue of the place and role of constitutional and national security in the guarantee system of legal responsibility of state bodies and their officials. The subject of the research is constitutional security as a holistic phenomenon of state-legal reality, the main laws, functions, tasks, conditions, sanctions of the legal responsibility of the state in the mechanism for ensuring constitutional security. The purpose of the research is a general theoretical study of the institution of the legal responsibility of state bodies and their officials, and the legal irresponsibility of power structures in the system of threats to the constitutional security of the Russian Federation. The system of methods used in research to achieve the purpose includes the whole complex of general, general scientific and private scientific methods approved by legal science (system-structural analysis, formal legal, comparative legal, and a number of others). The methodological basis for the analysis of the problems posed in the article is the dialectical philosophy devoted to the connection between a potential threat and a kind of restrictive regime of individual rights and freedoms, the relationship of private and public interests in the process of ensuring national security, the need to modernize the state-legal mechanism to ensure constitutional security caused by democratization of political and humanitarian spheres of public life. The scientific novelty of the research consists in forming the basis of the concept of the legal responsibility of the state, its bodies and officials as an attribute of national and constitutional security.

Keywords: legal responsibility, national interests, constitutional security.

Tsybulevskaya O. I., Yanovich E. Yu. Gaps in Law: Historical and Cultural Analysis

Olga Ivanovna Tsybulevskaya
"Chair of the Theory of Law Department, Povolzhsky Institute of Management named after P.A. Stolypin – branch of the Russian Presidential Academy of National Economy and Public Administration, Doctor of Juridical Science, Professor "
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Ekaterina Yurjevna Yanovich
Senior Tutor of the Department of Administrative and Criminal Law, Povolzhsky Institute of Management named after P.A. Stolypin – branch of the Russian Presidential Academy of National Economy and Public Administration, Postgraduate Student of Theory of Law Department
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: even the most perfect legal system contains some gaps. The main objective reason for their existence is the fact that no legislation is able to foresee all the possible life conflicts. Beside this, the development of society is often far ahead of the development of legislation. These circumstances justify the relevance of doctrinal research of such a phenomenon as “law gap” as one of the most important in theory of law. The subject of the present research is evolution of understanding the existence of gaps in law within domestic and foreign doctrine. The authors choose to learn main historical aspects of formation of legal concept of the presence of gaps in the legislation. The purpose of the article is to describe nature of legal phenomenon “law gap” and historical understanding of current approaches to this category im domestic and foregn doctrine. To achieve the purpose the authors use the main general scientific methods (dialectical method of cognition, the method of system analysis, methods of comparisons and analogies, and a number of others), as well as particular scientific methods such as: formal legal, historical and legal ones. The novelty of the present paper is the authors trace the main historical stages of the birth and improvement of the legal category “law gap”, provide a critical analysis of the doctrines of domestic and foreign scientists in this field. The authors also describe the meaning of the legal culture as the factor of legal and successful law-enforcement activity.

Keywords: gaps in law, theory of law, law-enforcement, legal culture.

Philosophy of Legal Culture. The Theory is Right. State Theory

Selikhov N. V. Sovereignty of the People as the Right of Collective Entities (Conception View). Chapter II

Skorobogatov A. V. Valuable Determination of Legal Discourse

Sukhova N. I. Counteraction to Realization of Law as the Part of Legal Culture: pro et contra

Nadezhda Ivanovna Sukhova
Associate Professor of the Department of Theory of State and Law, Saratov State Academy of Law, Candidate of Juridical Science, Associate Professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: the relevance of the question of connection between countering the implementation of the law and legal culture presented in the article is due to the fact that it is part of the topical issues of increasing the level of legal culture today by improving not only the means of legal regulation, but also through mechanisms of preventing failures within. The subject of the article is the connection between countering to realization of law and legal culture. The purpose of the work is to create the possibility of considering the phenomena of the legal sphere that are negative in their content and essence as indicators, factors, and elements of a common legal culture. The methodological base of the study is represented by means of dialectics, a systematic approach, and a formal legal method, which made it possible to avoid violating the rules and principles of scientific knowledge to the maximum. The novelty of the research is expressed in the fact that the author substantiates the position on the analysis of countering the implementation of the law as an element or indicator of the level of legal culture, provides a number of arguments and the author’s vision of the connection of the analyzed phenomenon with the legal culture, draws a parallel between the opposition to the implementation of the law and legal obstacles sphere. The result of the research is conclusion that legal culture can be considered not only as a combination of legal phenomena of a positive nature, but also as negative manifestations of legal reality. The final reasoning of the author of the article contains the arguments explaining the complex dialectical connection of the opposition to the implementation of the law and legal culture.

Keywords: legal culture, opposition to the law enforcement, operation of law, law making, law enforcement, development of legislation, impracticable law, legal obstacles.

Legal Сulture of Right Creativity

Trofimov V. V., Samorodov V. Yu. Culture of Organization of Law-Making Process as the Premise for Effectiveness of Law-Making Results and Orderliness of the Legal Life of Society

Vasilij Vladislavovich Trofimov
Director of Research Institute of State and Law Learning, Professor of State and Law Theory and History Department, Tambov Derzhavin State University, Doctor of Juridical Science, Associate Professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Vladimir Yurjevich Samorodov
Senior Tutor of State and Law Theory and History Department, Tambov Derzhavin State University
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: issues of the quality and effectiveness of legislative (legal) acts in modern scientific juridical doctrine are the most important and relevant ones. The authors believe that description of mentioned issues from the point of view of culture of organization of law-making process is the relevant approach. The subject of the present research is analysis of process of analysis of the law-making process from the perspective of the culture of its organization, which is positioned as one of the key prerequisites for the effectiveness of the final law-making results. The authors denote the correlation between the effectiveness of law-making results and the culture of organization of the law-making process, and argue the fact of correlation of the culture of law-making and the qualitative side of the achieved law-making results (the higher the culture of legal creativity, the higher the quality of regulatory legal acts, the more important their beneficial effect on social processes). The authors of the article characterize the problem of legal and social effectiveness of legal regulation, represented by various structural elements, acting basically as products of legal creativity. The purpose of the work is to reveal the concept of a culture of law-making and to justify the importance of the culture of organizing this process in terms of its role as a factor basis (prerequisite) for the effectiveness of the created law. To achieve the purpose authors used the theoretical and methodological foundations of the modern concept of legal education, the scientific doctrine of law-making, they used the basic general scientific methods, such as the dialectical method of cognition, the methodological foundations of theoretical generalization and the ascent from the abstract to the concrete, the comparative legal method, the method of system research (systemic structural approach), instrumental approach, as well as a number of other methods and techniques of scientific research. As a sign of the novelty of this work, one can single out the original interpretation and understanding of the essential aspects of the culture of law-making, consider this legal phenomenon as an independent category of the theory of law, as well as proposing and substantiating the system of basic cultural requirements for the law-making process, which are an important component of the complex prerequisites for the effectiveness of law-making results.

Keywords: law, society, culture, formation of law, law-making, law-making process, effectiveness of law, juridical and public effectiveness, legal technology, law-making culture, cultural requirements to making of law.

Legal Culture of the Law Enforcement

Kazachkova Z. M. Role of Non-Profit Organizations in Realization of Anti-Corruption Policy and Development of Legal Culture

Zemfira Mukharbievna Kazachkova
Professor of the Department of Administrative and Financial Law, Chief Scientific Worker of the Research Center All-Russian State University of Justice (RLA (Russian Law Academy) of the Ministry of justice of Russia), Doctor of juridical science, Associate Professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: conceptualization of anti-corruption policy of any particular state contains the process of prioritization in the system of legal and institutional anti-corruption means. Relevance of the article is conditioned by complex investigation of the phenomenon of non-profit organizations (NPO) strongly influencing the effectiveness of anti-corruption policy. Non-profit organizations have a set of advantages considered both as providers of state anti-corruption policy and as structures forming effective means of anti-corruption policy. This case they can also be considered as means to express civil society’s interests, or subjects reflecting established stable patterns of legally oriented public behavior. The aim of the article is to define the role of NPO in realization of anti-corruption policy in modern conditions; in specification of anti-corruption tools from the point of view of specificity of various kinds of NPO. The subject of the research is complicated problem of proper inclusion of NPO in the process of realization of anti-corruption policy and the problem of laying on this organizations mission of the development of legal culture. The author explores Russian and foreign sources, learns statistics, and extrapolates possible development directions of this brunch of state anti-corruption policy. The article traces the line pursued by the legislator to strengthen the balance of public and private principles in the development of anti-corruption policies, shows the main trends in expanding the social and financial base of NPOs, and provides statistical comparisons. The novelty of this article is not only in the study of the legal and institutional framework for the interaction of NPOs with state and municipal authorities, but also in raising the question of the legal liability of NPOs, especially in terms of statutory activities, financial and other reporting to authorized bodies; in the context of the actual problem of exact compliance with the requirements of the laws of NPOs performing the functions of a foreign agent. The author shows the role of Russian Orthodox Church and the other non-profit associations in determining collisions of legislation and law enforcement practice, in testing segments of responsibility at each level and in defining pointed areas in legal illiteracy of people. The author makes conclusions towards significant potential of NPOs in enlightening work, popularization of provisions of anti-corruption legislation, cultivation of general principles and methods of anti-corruption behavior of citizens. The importance of anti-corruption monitoring in underlined.

Keywords: Anti-corruption policy, non-profit organization, legal culture, social standard, anti-corruption monitoring.

Fomenko E. V. Legal Analysis of the Subjective Side Features of Bribery Crimes’ Corpus Delicti in the Context of Necessity of Correct Qualification of the Most Dangerous Corruption Crimes

Fomenko Elena Vladimirovna
Leading Researcher of the Scientific Research Center of the All-Russian State Juridical University (RLA (Russian Law Academy) of the Ministry of Justice of Russia), Candidate of Juridical Science, Associate Professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: the article is devoted to the complex learning of subjective features of corpus delicti of crimes in bribery sphere. The relevance of the article deals with solving debatable issues of establishing the subjective side of crimes related to bribery. It can greatly facilitate the process of qualifying these crimes both in the doctrine of criminal law and in the practice of law enforcement. The subject of the research is subjective side of corpus delicti of crimes related to bribery. The author describes its features on the example of bribetaking as it is being the most common crime related to bribery. The author also takes into account subjective side of other crimes within investigated group. In particular the aim of the article is to investigate subjective elements of such crimes as bribetaking and giving bribe, unlawful influence on the result of an official sports competition or a spectacular commercial competition, bribe provocation, commercial bribery, bribery in the sphere of buying goods, jobs, services in the sphere of civil or municipal needs, bribery or compulsion aimed to make a person to give evidence or to refuse to give it, etc. The methodological basis of the work is formed by the general scientific analytical method of cognition and the private-scientific methods arising from it: system-structural, technical-legal, comparative jurisprudence, etc. It allows the author to analyze researched theme in connection and correlation with its compound elements, their integrity, comprehensiveness, and objectiveness. In general the group of crimes related to bribery and elements of corpus delicti of such crimes apply for research being little studied in criminal law doctrine; it justifies scientific novelty of the research. The author analyses ruling of Plenum of Supreme Court of the Russian Federation and doctrinal points of view of specialists in the sphere of criminal law. On the base of this analysis the author recommends to qualify crimes related to bribery as the group of mostly dangerous corruption crimes.

Keywords: corruption, crimes related to bribery, bribetaking, bribery, subjective side, guilty intent, aim, corpus delicti.

Legal Culture: Human Rights, Rights of the People. International Cooperation

Anichkin E. S., Serebryakov A. A. Legal Regulation of Technology parks in Selected Countries of the Shanghai Cooperation Organization: the experience of Russia, China, India and Kazakhstan

Evgenij Sergeevich Anichkin
Chair of the Department of Labor and Ecological Law and Civil Procedure, Law Institute of Altay State University, Doctor of Juridical Science, Associate Professor
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Andrej Alexandrovich Serebryakov
Senior Tutor of Civil Law Department, Law Institute of Altay State University
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: permanent economic state development applies for formation of effective innovative infrastructure. Legal regulation of innovative activity plays a great role in this process because by means of it the legal order of separate elements of innovative structure (technology parks) is provided. The absence in world practice of a uniform approach to the legal regulation of technology parks, differences in national legal cultures and the imperfection of the national legislation of developing countries determine the relevance of a detailed study of the experience of legal regulation of technology parks (technoparks) in the leading countries of the Shanghai Cooperation Organization. The subject of the research is represented by national legislation and normative acts of Russia, China, India, and Kazakhstan deal with issues of legal regulation of technoparks. The article is devoted to the description of legal nature of technoparks and peculiarities of their legal regulation in the specified countries of the Shanghai Cooperation Organization. The aim of the work is to identify the most successful experience in the legal regulation of technoparks for its subsequent implementation in the framework of scientific and technical cooperation within the Shanghai Cooperation Organization at the regional international level, in particular when creating joint technology parks, taking into account the peculiarities of national legal cultures of the participating Shanghai Cooperation Organization. To achieve this aim, the authors use the main general scientific methods (in particular, the dialectical method of knowledge, the method of system analysis, deduction and induction, methods of comparisons and analogies, and a number of others), as well as the formal legal method and comparative legal methods. The novelty of the present research lies in the fact that for the first time a comparative legal study of the national legislation on the legal regulation of innovation activity and technoparks of the States members of the Shanghai Cooperation Organization was conducted. The authors summarize a new material on the topic under study. On the basis of this material the authors establish that in all the countries under consideration, technology parks are included in the innovation structure of the economy and their organization involves building a close system of interaction between scientific organizations, educational institutions and entrepreneurs. The authors select typical measures of state support for residents of technology parks, implying in most cases, reducing the costs of entrepreneurs. Differences in approaches to the definition of the technopark concept in national regulatory acts are shown. The research shows that in some states technoparks are defined as special areas of economic development with a special legal regime, and in others as direct subjects of innovation activity. The authors propose to use the experience of successful national legal regulation of technology parks in the implementation of international scientific and scientific and technical cooperation within the framework of the Shanghai Cooperation Organization.

Keywords: technology parks (technoparks), legal regulation of innovations, Shanghai Cooperation Organization, partnership in scientific and technical spheres.

Legal Culture and Education

Rozhdestvina A. A., Gurjev V. V. Concerning Some Aspects of Teaching a Meditative Approach

Anna Anatoljevna Rozhdestvina
Director of the Center of Additional Education of the Volga Institute (the brunch) of All-Russian State Juridical University (RLA (Russian Law Academy) of the Ministry of Justice of Russia)
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Vyacheslav Vladimirovich Gurjev
First Vice Director of the Volga Institute (the brunch) of All-Russian State Juridical University (RLA (Russian Law Academy) of the Ministry of Justice of Russia)
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: meditative approach is interdisciplinary by character. It means it include innovational approach, morality, and legal culture. To use it effectively one has to get appropriate learning. The issues related to its realization are caused by the lack of rule of educational process. These issues apply for immediate salvation that’s why the present paper is relevant. The subject of the research is represented by the issues of teaching a meditative approach. The authors describe teaching meditative approach within frames of additional professional education which is kind of professional advancement based on different programs worked out in accordance with trainees’ requirements. The authors pay special attention to the issues of determination of learning peculiarities taking into account the requirements of professional standards for the development of additional professional education and the choice of tutors to conduct classes. The purpose of the article is to find issues connected to learning and determining of the options of their salvation. The authors use the methods of theoretical interdisciplinary analysis and synthesis of information, including regulatory legal acts, legal and psychological-pedagogical literature. The scientific novelty of the article is realized through the study of the requirements of professional standards that must be taken into account when implementing programs in the field of the mediation approach, as well as in the recommendations proposed by the authors on how to resolve controversial issues that arise when training in the mediation approach.

Keywords: meditative approach, teaching, additional professional education, professional standard.

The Tribune of the Young Scientist

Barmashov V. I. The Use of Scientific and Technical Products in the Production Sector of the Criminal Executive System in the Aspect of Legal Culture

Vladimir Igorevich Barmashov
Applicant for the Candidate Degree of the Department of Criminal procedural Law and Criminanalistics, All-Russian State Juridical University (RLA (Russian Law Academy) of the Ministry of Justice of Russia)
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: productive sector of correctional system regularly applies for scientific and technical products but nowadays one can see the tendency of the shift downward of the guarded results of intellectual activity such as service inventions, service utility models, and service industrial designs. At the same time, in a number of correctional colonies, a variety of scientific and technical products in the form of a so-called rationalization proposal continues to be introduced without legal protection. The relevance of this study is caused by the need to improve the legal culture of the appropriate aspect of the functioning of the penitentiary system by increasing the number of uses of protected and more competitive service inventions, service utility models and service industrial designs. The subject of this study is the organizational and legal measures taken to improve the level of legal protection and competitiveness of scientific and technical products, the culture of its use in the manufacturing sector of the penitentiary system through the organization of accounting and subsequent patenting of rationalization proposals. The aim of the work is to improve the legal culture of the use of scientific and technical products at the present stage of development of the manufacturing sector of the correctional system. To achieve this aim the author uses general scientific methods such as: analysis, comparison, logical and statistical methods, as well as private-scientific methods: historical-legal and comparative-legal. The novelty of the work lies in the fact that the author is trying to establish the reasons for reducing the practice of using service inventions, service utility models and service industrial designs in the production activities of the correctional system. The practical value of the research is carefully argued proposal of the ways to improve effectiveness of the use of scientific and technical products within productive sector of correctional system by means of accounting of rationalization proposals and their subsequent patenting with the assistance of the relevant specialist from among the employees of the correctional system.

Keywords: scientific and technical products, innovation proposal, production, invention, utility model, industrial design, correctional system, patent.

State and Society: Interaction Theory and Practice

Babenko S. V. Legal Culture of Prosecutor’s Supervision over Legislative Execution Regulating Order of Appeal of Judgments and Decisions, and Action (Inaction) of Customs’ Authorities and Their Officials

Svetlana Vladimirovna Babenko
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 in Juridical Science
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: the article notes that the development of the rule of law and civil society, the strengthening of democratic principles and national harmony in Russia is impossible without an appropriate level of development of legal culture. The need to improve the level of legal culture, including customs officials, as a condition for overcoming legal nihilism in society, strengthening democratic principles and national accord in Russia determine the relevance of the research topic. The subject of the study is the customs legislation rules governing the procedure for appealing against actions (inaction) of the customs authorities and their officials. Thus, the purpose of the work is to study the norms of customs legislation in terms of compliance with the principles of legal culture. To achieve this goal, the main general scientific methods were used (dialectical and logical methods, the method of system analysis, methods of comparisons and analogies, and a number of others), as well as the formal legal method on the basis of which the conclusions of the study were formed. The novelty of the work lies in the analysis of issues related to the organization of prosecutor’s supervision over the implementation of legislation governing the procedure for appealing against unlawful decisions taken by customs officials. The article notes that the position of the legislator is currently not fully meets the requirements for the analyzed norms of law, including from the point of view of legal culture. The author emphasizes the positive role of the prosecution authorities in solving the tasks of ensuring law and order in the customs sphere, strengthening the responsibility of officials of these bodies, as well as developing legal literacy and legal awareness of citizens. The obtained results testify to the possibility of constructing a system of legal responsibility proposed by the author and can be used in the analysis of other legal phenomena. According to the results of the study, the author comes to the conclusion that the current edition of these norms does not correlate with the norms of the law governing the procedure for considering appeals of citizens in the Russian Federation and other legislation, which entails the need to edit them.

Keywords: egal culture, law knowledge, legal awareness, human rights, prosecutor’s office, prosecutor’s supervision, customs legislation, customs authorities, official.

Provision of Legal Assistance for Free. Advices of Practicing Lawyer

Kostenko Е. N. Analysis of Typical Violations as the Main Element of the Methodology for Conducting Prosecution Checks on the Law Enforcement among Bodies and Institutions of the System of Prevention and Neglect of Juvenile Delinquency

Еvgeniya Nikolaevna Kostenko
Assistant Prosecutor of Ivnyansky District of Belgorod Region
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Annotation: stable increase of a number of breaches being found byprosecutors inactivity of bodies and institutions of system of prevention and neglect of juvenile delinquency, accounts for negative tendencies in legitimacy system and low level of professional culture in this sphere. This fact causes the relevance of study of prosecutor’s supervision methods and its constituting elements. The subject of the research is represented by the nature of typical violations as the main element of prosecutor’s supervision check on the law enforcement in the sphere of prevention of neglect and juvenile delinquency. Special attention is paid to the classification of violations and the practical methods of their detection. The main purpose of the research is to describe the notion and content of typical breaches in this sphere and its use in prosecutor’s activity. To achieve the purpose the author uses general scientific methods as the dialectical method of cognition, the method of system analysis, deduction and induction, as well as the formal legal method and the method of legal modeling. The essential novelty of this work is that the author is the first one who proposes classifications of typical violations in the studied area, supported by real examples of prosecutorial practice. Practical value of the research is to establish the design features of the preparation for the prosecutor’s check on the law enforcement in the sphere of prevention of neglect and juvenile delinquency by the bodies and institutions of this system. The author’s position is can be interesting for prosecutors and specialists in the sphere of prevention of neglect and juvenile delinquency. The author suggests some measures of prosecutor’s activity as the mean of restoration of legality and increase of professional level of legal culture.

Keywords: prosecutor’s check, prevention of neglect and juvenile delinquency, typical violations, prosecutor’s supervision.

Reviews

Mal’ko A. V., Zelepukin A. A., Aleksandrova Ju. A. Review of the AllRussian Panel Discussion of the Journals “State and Law”, “Legal Policy and Legal Life”, “Legal Culture” on the Topic “Legal Policy of Modern Russia in the Field of Improving Legal and Political Culture”

LINKS