DOI: 10.7256/2454-0706.2016.12.17987

Abstract: The subject of this research is the objective ideal and the real factors affecting the formation of individual, group and mass constitutional sense of justice. The external influence of these factors contributes into the establishment of sustainable legal images, orientations, motivations, values, and notions regarding the foundations of government structure of the Russian Federation, form of ruling, political regime, structure of the higher bodies of state authority, human and citizen’s rights and freedoms. The determination of the aforementioned factors is important for organization of legal upbringing and education, establishment of legal culture of a separate individual and society in spirit of constitutionalism. The scientific novelty is characterized by determination of the complex of objective ideal and real factors, which influence the formation of the constitutional sense of justice. In addition to that, the author defines their assemblage as the constitutional objective legal reality – a specific layer of legal existence. The article also highlights the basic principles of formal inequality and formal equality, which set for the constitutional objective legal activity and constitutional sense of justice certain geometric parameters through the influence of imperative and dispositive methods of legal regulations.

DOI: 10.7256/2454-0706.2016.12.42918

Abstract: The subject of this research is the objective ideal and the real factors affecting the formation of individual, group and mass constitutional sense of justice. The external influence of these factors contributes into the establishment of sustainable legal images, orientations, motivations, values, and notions regarding the foundations of government structure of the Russian Federation, form of ruling, political regime, structure of the higher bodies of state authority, human and citizen’s rights and freedoms. The determination of the aforementioned factors is important for organization of legal upbringing and education, establishment of legal culture of a separate individual and society in spirit of constitutionalism. The scientific novelty is characterized by determination of the complex of objective ideal and real factors, which influence the formation of the constitutional sense of justice. In addition to that, the author defines their assemblage as the constitutional objective legal reality – a specific layer of legal existence. The article also highlights the basic principles of formal inequality and formal equality, which set for the constitutional objective legal activity and constitutional sense of justice certain geometric parameters through the influence of imperative and dispositive methods of legal regulations.

DOI: 10.7256/2409-7136.2016.5.18214

Abstract: The research subject is the study of legislation and judicial practice aimed at detecting topical problems of legal regulations of civil-law relations in the field of car service. Special attention is paid to the problems of rights protection in contractual legal relationship of services, maintenance works, and repair of vehicles and the problem of protection of the sole right to a trade mark in the sphere of car service. The author applies the complex approach. The problems are considered within the correlation of material and procedural aspects. The author pays attention to the body of evidence necessary for legal collisions settlement. The author applies the method of judicial practice analysis, comparative analysis, the formal logical method, the hermeneutical method, the principle of unanimity of concrete and abstract, the correlation of factual and legal, material and procedural. The novelty of the study consists in the detection and classification of two groups of problems of civil-law relations in the field of car service. The author studies legal problems of execution of rights of car services’ clients (the problem of failure to perform obligations, to ensure safety of vehicles in car services, the problem of moral damage compensation and penalties claiming). The author studies the legal aspects of implementation of rights of organizations and individual entrepreneurs providing services in the field of car service (the problem of protection of the sole right to a trade mark, failure to perform payment obligations, reimbursement of spares in case of a unilateral invalidation of an agreement by the customer). 

DOI: 10.7256/2454-0757.2015.10.13193

Abstract: The subject of the present research is the subject of legal perception of space. In her research Karpova offers a definition of the subject of legal perception of space and analyzes peculiarities of the subject of legal perception of space from the ontological, gnoseological and axiological points of view. The thematic justification and importance of the topic are determined by the need to overcome the narrow gnoseological views on the subject prevailing in modern philosophical and legal concepts. The author attempts to create a concrete definition of the subject as the functions of a real person seen with all his diverse features, legal contacts and relations. The author has applied gnoseological, ontological and axiological approaches to the research. Karpova has also used the method of binary oppositions and the phenomenological research method. The novelty of the research is caused by the fact that the author offers an integrated approach to studying the subject of legal perception of space. As a result of the research, the author makes the onto-gnoseological conclusion about the subject of legal perception of space as an active cognizing and acting Self endued with legal awarenes and free will. The subject of legal perception of space exists in the onto-gnoseological unity of the internal and the external, the perceiving and the perceived, in the axiological choice between the legal and illegal, as the guarantee for the ontological unity of legal existence, being ontologically united with the object of perception and gnoseologically opposed to it at the same time. 

DOI: 10.7256/2454-0684.2015.6.12346

Abstract: The cognition of law is an act of space perception. As a result of cognitive activity appears the image of space.  The cognition of the legal layer of existence creates a specific spatial image that at the same time has something in common with the images of space created by other forms of cognitive activity - mythology and religion.  In this connection we are interested in specific epistemological features and symbolic forms of an image of legal space perception, the elements of its structure, the diversity of images depending on the prevailing method of thinking of the legal system, method of legal regulation, means of representation. Universal - philosophical (epistemological analysis). General scientific - logical methods (induction, deduction, analogies, comparison). Special legal - method of comparative legal studies. The novelty of the study lies in the attempt to generalise and apply the graphical principles of art and the universal mandala symbol to the legal matter. The article formulates the notion of the general symbolic cognitive image of legal space perception and lists its elements. It also classifies the images of legal space perception based on different reasons.

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