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Publications of Kulikov Egor Alekseevich
Legal Studies, 2017-10
Kulikov E.A. - Philosophical categories in legal science: problems of theory and methodology pp. 59-77

DOI:
10.25136/2409-7136.2017.10.20393

Abstract: The research subject is the patterns of manifestation of philosophical categories in the legal sphere of social life, the approaches to understanding philosophical categories and the specificity of interpretation of philosophical categories by legal science. The author considers the modern ideas about the system of philosophical categories presented in scientific works. In the second part of the article, based on the approaches to the categories as a philosophical phenomenon, the author considers legal categories. The author analyzes the approaches to these categories, studies their role in jurisprudence and the system of legal categories. Special attention is given to the diversity of legal notions. The research subject is closely connected with the methodology. The key methodological approach is the dialectical approach, which is the basis for the system of categories. The author also uses general scientific methods of analysis, synthesis, comparison, generalization, abstraction, and the formal-legal method. The author attempts to actualize the problematics of legal categories and legal notions, and manifestation of philosophical categories in law. This work is the continuation of the author’s candidate thesis. Here the author uses the higher level of abstraction. He moves from consideration of manifestation of one category (measure) in legal science to general principles of manifestation of philosophical categories in the legal sphere of social life. Besides, based on few existing scientific works in this sphere, the author studies the specificity of legal categories and the diversity of legal notions. 
Legal Studies, 2017-8
Kulikov E.A. - Criminal responsibility for fraud and smuggling from the position of correlation of general and special rule and the principle of legal certainty pp. 69-79

DOI:
10.25136/2409-7136.2017.8.23024

Abstract: The research subject is the current provisions of criminal legislation about responsibility for fraud and smuggling and scientific publications about this problem. The author considers these provisions from the position of competition between general and special rule and from the position of the principle of legal certainty. The author gives special attention to the problem of differentiation between articles 159.6 and 159 of the Criminal Code of the Russian Federation, describing various ways of committing fraud as the criteria of differentiation of its forms. Compositions of smuggling are considered from the position of legal certainty. The author analyzes clarifications of the Constitutional and the Supreme Courts of the Russian Federation. The author uses the comparative method, the formal-logical method and the method of interpretation of law. The author also uses the method of moving from abstract to concrete. The study considers general and special compositions of fraud in the contest of general theory of general and special rule. The author actively uses the decisions of the Constitutional Court, studies their role and importance in the interpretation of criminal legal provisions. The article analyzes particular provisions of the latest decree of the Supreme Court on smuggling. The author attempts to interpret the provisions about responsibility for fraud and smuggling, detect the problems of their use, and offers the ways to solve the detected problems. 
Legal Studies, 2017-3
Kulikov E.A. - General rules of punishment assignment for joint crimes: comparative and legal aspect pp. 29-38

DOI:
10.7256/2409-7136.2017.3.21409

Abstract: The research object is punishment assignment for joint crimes formalized in the current Criminal Code of the Russian Federation. Thus the process of criminal legislation development, started in 1845 with the Decree on criminal and penal punishments, has been completed. The research subject is the rules of imposition of punishment for joint crimes determined by the specificity of the phenomenon and the necessity to take into account the criminal law principles and the common rules of assignment of punishment. The author applies the comparative-legal method revealing the general and the special features of regulation of punishment assignment for joint crimes in the criminal legislation of Russia and foreign countries. The author considers the common rules of punishment assignment for joint crimes in the comparative-legal context; characterizes the specificity of these rules and compares them with the similar rules of criminal legislation of some foreign countries. The author concludes about a high level of legal regulation of punishment assignment for joint crimes in the Russian criminal legislation; particularly, the author notes that the current version of the article 67 of the criminal Code provides for a more individualized punishment for accomplices. 
Law and Politics, 2016-11
Kulikov E.A., Bedenkov V.V. - Negative legal responsibility and ordinary legal consciousness: points of juxtaposition

DOI:
10.7256/2454-0706.2016.11.20910

Abstract: The subject of this article is the points of juxtaposition between the legal responsibility (for legal infraction, negative) and ordinary (public) legal consciousness. The object of this research is the social legal phenomenon of “legal responsibility” and ordinary legal consciousness. The aforementioned phenomena are examined from the perspective of their correlation and interaction. The authors also analyze the essence and composition of the legal responsibility; each of these parts is subjected to examination regarding its interconnection with the ordinary legal consciousness or substantiation by the ordinary legal consciousness. In particular, it implies the notion of responsibility; bases of responsibility as the social legal phenomenon; special internal characteristics of responsibility, such as principles, functions, goals, types, and measure. The scientific novelty consists in comparison of the phenomena of the ordinary legal consciousness and legal responsibility. Despite the fact that at first glance the practically do not have any points of intersection, the authors determine several aspects, which demonstrate that the indicated phenomena actively interact and substantiate each other. The distinctness of the ordinary legal consciousness of one or another society defines the character, content and limits of legal responsibility; otherwise, this mechanism of legal regulation will be incompetent. The ordinary legal consciousness contains the social and philosophical grounds of responsibility; the correspondence to the ordinary legal consciousness justifies the efficiency of legal responsibility in application of its functions, as well as achievement of the goals. The measure of responsibility must correlate with the ordinary legal consciousness of society; in other case, the effect of responsibility can turn out to be directly opposite to that planned by the government authority.
Law and Politics, 2016-8
Kulikov E.A., . - State of justice and constitutional state: comparative analysis based on the legal doctrine of Eurasianism

DOI:
10.7256/2454-0706.2016.8.12570

Abstract: Within the framework of this article the authors examine the phenomena of constitutional state and state of justice as the alternative state legal ideals. Constitutional state is being interpreted as an institution occurred on the background of Romano-Germanic civilization, which is acceptable namely for the legal culture of Western European and North American nations. The characteristic of the state of justice is based on the works legal experts of the Eurasian vector of Russian thought – M. V. Shakhmatova and N. N. Alekseeva. The authors consider the positive and negative aspects of the aforementioned phenomena, as well as their correspondence with the historical circumstances of development of the Russian super-ethnos. A correlation is drawn between the phenomenon of constitutional state and the phenomenon of police state. The authors pose a question on the inapplicability of the ideal of constitutional state towards all nations, as well as claim about its close correlation with the police state. It is substantiate that for Russia more acceptable is the ideal of state of justice based not on the external legal influence of individuals, but on their internal improvement, sense of conscience, and mature level of legal awareness.
Legal Studies, 2016-1
Kulikov E.A. - Social Danger of a Deed as the Main Attribute of a Misdeed pp. 18-48

DOI:
10.7256/2409-7136.2016.1.17662

Abstract: The article is devoted to social danger as the most important attribute of a deed, which helps qualify it as a misdeed. The author analyzes legal definitions, existing in the current Russian legislation, and outlines the legal attributes of this phenomenon. The author substantiates the idea that social danger is an attribute of any misdeed, not only of a crime, and argues the thesis that “social danger” is the most appropriate formulation of a material attribute of a misdeed. The author defines the content of the required attribute, applying the interpretations of the Plenum of the Supreme Court of the Russian Federation (in their development from 1999 till 2015) and the achievements of the science of criminal law. The author applies the methods of formal logic, interpretation of law, comparison, generalization, abstraction and legal narration. First of all, the author analyzes the provisions of the Decree of the Plenum of the Supreme Court No. 58, adopted on December 22, 2015, “On the Practice of Awarding Criminal Punishment by the Courts of the Russian Federation”, related to the study of the character of social danger of a deed; compares the Plenum’s interpretations of the mentioned attributes of social danger in the previous and the new decrees. The author substantiates the opinion about the dual objective-subjective character of social danger of a deed and about the fact that the existence of such an attribute allows considering the misdeed as a socio-legal phenomenon. The author proposes the working definition of a misdeed. 
Legal Studies, 2015-11
Kulikov E.A. - Law interpretation measure: problems of history pp. 133-158

DOI:
10.7256/2409-7136.2015.11.1645

Abstract: The subject of the research is the range of regularities of interaction between the category of measure and such an important component of legal regulation of public relations as law interpretation. On the base of the theoretical and legal understanding of measure formulated in the previous studies, the author considers the displays of measure within the interpretation of law and reveals the components of the measure of this process on the base of the analysis of special literature. In addition, the author analyzes the ways of interpretation of law, the types of interpretation and the approaches to classification. The main research method is the formal-legal method. The author also applies the generalization of judicial practice, analysis and comparison of views on the problem, and the study of the categories of dialectics. On the basis of the research, the limits of law interpretation and its general measure can be defined as the existing in the whole legal system of the society basic grounds, ideas and principles, conditioning the existence and development of all legal phenomena, getting into its regulatory system. The understanding of law as a measure of public life can be considered as one of such limits which helps formulating the requirements to its form and content. 
Legal Studies, 2015-7
Kulikov E.A. - On some manifestations of the category of measure in Russian civil law pp. 106-119

DOI:
10.7256/2409-7136.2015.7.15191

Abstract: The author attempts to analyze some manifestations of the category of measure in civil law. Measure, as a philosophical category of the connective “quantity – quality – measure”, penetrates all legal phenomena and, consequently, has its manifestations in civil law. The article describes the phenomena of the limits of civil rights implementation, the abuse of rights, the notion of a treaty, the principle of freedom of a treaty, and analyzes the problem of the limits of freedom of a treaty. The author concludes that the universality of measure and its categorical character are as salient in civil law as in criminal law. The research is based on the dialectical method which includes the teaching about dialectic categories. Moreover, the author uses the general scientific methods of analysis, synthesis, abstracting, comparison, and the special scientific methods such as the formal-logical method and the method of explanation of the law. The author concludes that the general measure of rights and responsibilities implementation, balancing the measure of freedom of a treaty, is the principle of combination of the letter and the spirit of the law in explanation of the norms of the law. Substantiation of this principle means that the legal positivist grounds are moderated by the grounds of sociological jurisprudence. The understanding of a right as a measure which is typical for both types of legal understanding doesn’t help to reveal a contradiction in this situation but proves that only the combination of approaches to the law can help to evaluate its genuine essence as a living and acting regulator of social relations.
Genesis: Historical research, 2015-6
Kulikov E.A. - N. Y. Danilevsky civilizational approach towards the typology of states within the history of Russian legal thought pp. 479-508

DOI:
10.7256/2409-868X.2015.6.16042

Abstract: The subject of the conducted research is the political legal doctrine of the prominent Russian thinker of the XX century Nikolay Yakovlevich Danilevsky. The author analyzes the civilizational approach towards the typology of societies and states, which for the first time in the history of global thought was developed by this scholar in his fundamental work “Russian and Europe: Look Upon the Cultural  and Political Relations of Slavic Word with Romano-Germanic”. The attention is given namely to the political legal component of the aforementioned approach. The author examines the essence of N. Y. Danilevsky’s outlook and pursues a certain correlation between his approach and the approach of K. N. Leontyev and Eurasians. The author gives a detailed characteristic to the scientific approach of N. Y. Danilevsky towards the typology of states. Often, within the Russian juridical literature, it is forgotten that namely this thinker was the first to develop such approach 50-60 years ahead of his colleagues. In addition to that, the author compares N. Y. Danilevsky approach with K. N. Leontyev approach and reveals the distinctive and general features.
Legal Studies, 2015-1
Kulikov E.A. - On the issue of a notion legal liability grounds pp. 39-46

DOI:
10.7256/2409-7136.2015.1.13658

Abstract: The article considers the questions of legal liability grounds. The author notes that today there is no common understanding of legal liability grounds in the sphere of general legal theory and theory of legal liability, since the research has been carried out strictly in the field of criminal law. This article is a theoretical, philosophical and interdisciplinary study of the issue of legal liability grounds. From a philological position the author studies the notion of grounds. The author considers juridical, factual, philosophical and social grounds. The author uses the juridical dogmatic, historical-legal methods, the method of interpretation of law. In addition the author uses general scientific philosophical methods. The author makes an attempt to enlarge the list of legal liability grounds, and explains this enlargement. The author offers the definition of legal liability grounds on the base of philosophy and linguistics achievements. The article raises a problem of necessity of the whole variety of legal liability grounds revelation, since the lack of at least one of them undermines legal liability legitimacy. 
Legal Studies, 2014-10
Kulikov E.A. - Category of Measure in Legal Science: Matters of Theory and Research Methodology pp. 89-99

DOI:
10.7256/2305-9699.2014.10.1334

Abstract: This article considers the general theoretical and methodological matters related to the research into the expression of the “measure” category in legal science. It gives a philosophical and semantic description of the meaning of this category. In particular, it reviews the linguistic palette of notions which the word “measure” may take in the Russian language. It analyzes the volume and contents of the category of “measure” in the legal environment. The basis for such analysis is the interrelation between law and measure which may be traced in virtually every type of legal consciousness. Also, it defines the methodological pre-requisites for the research into the expression of measure in the legal aspect of the society’s life. Ultimately, the subject of research is the general regularities of the connection between the category of measure and legal phenomena, which should in the future serve as the foundation for tracing particular expressions of the category in question in the components of the legal framework in the society.  In this article, the legal and dogmatic, the comparative methods, the synthetic method, the abstraction technique, and the legal history method were used. This article is one the first studies of the theoretical matters related to the expression of the category of measure in legal science. The author attempts to define the methodological pre-requisites for considering the legal aspects of the above category. The article identifies the legal contents and relationship between measure and the key categories of legal studies – the law, the legal framework, the principle of law, the legal culture. On the basis of the above, it presents the general theoretical model of expressions of measure in legal phenomena. Measure is interpreted by the author as a universal qualitative and quantitative category which characterizes legal phenomena externally, internally and in their individual structural elements. In doing so, it is also essential to rely on the qualitative and quantitative components of measure without separating them from each other.
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