DOI: 10.7256/2454-0706.2017.2.20318

Abstract: This article examines the problematic of experimental legislation and its importance in the context of specific examples of the use of the model of experimental law for establishment of the legal policy in the conditions of insufficient knowledge about the resolvable socioeconomic and other problems and challenges that. The author analyzed the existing key approaches and research assessments in understanding of the role and importance of experimental legislation in comparison with the examples in foreign legal literature and legislative practice. The subject of the study contains the doctrinal positions of Russian and foreign (Western European) legal literature pertaining to the assessment of the role and importance of experimental law, as well as the normative texts as separately taken examples of implementation of the model of experimental law. The scientific novelty consists in theoretical generalizations of the main academic approaches in Russian legal literature alongside the selected examples of foreign legal literature in pursuing correlation with the relevant original foreign legislative acts. The work suggests an original definition of the experimental legislation as a necessary tool and resource for improving the modern legal policy that is applied under the conditions of insufficiency of scientific knowledge about the existing issues and challenges; as well as the mechanisms and methods of their overcoming, which in terms of minimization of the risks and use of inefficient methods, allow acquiring the sufficient data for elimination of the corresponding legal gaps.    

DOI: 10.7256/2454-0706.2017.2.21729

Abstract:     This article gives special attention to examination of the existing approaches towards the category of “constitutionalism”. Absence of the universal definition of this category became the result of such multiplicity. The author expresses an opinion that despite the dominance of natural law in establishment of the concept of constitutionalism, which allowed the legal experts speak of the exclusiveness of constitutionalism as a legal category, the moment of considering the philosophical and political prerequisites of its establishment and development remains necessary. Thus, particular attention is focused on the review of this category from the positions of political science. The author highlights the necessity of development of the category of constitutionalism in politological discourse based on its perception as a sociopolitical phenomenon, the purpose of which consists in existence of the demand of society in the rational development of modern state. Such demand can be satisfied due to the development of the current political mechanism of political power relations based on the theory of constitutionalism.    

DOI: 10.7256/2454-0706.2017.2.21817

Abstract: The subject of this research is the identification of place of the principle of legal certainty within the system of principles of Russian law. This is a relevant question as it allows revealing the content of the examined principle, understanding the area of its impact, as well as determining its typical affiliation. The article turns attention to the academic discussion regarding the question of appurtenance of the principle of legal certainty to the general legal, cross-sectoral, and sectoral principles of the Russian law. Since the principle of legal certainty has received its justification within the practice of the Constitutional Court of the Russian Federation, the article carefully analyzes the legal precedent of this matter. The scientific novelty consists in the lack of research that are dedicated specifically to determination of the place of the principle of legal certainty within the system of principles of Russian law. The author concludes that the principle of legal certainty is multi-aspectual, pertains to legal regulation in general, as well as relates to the general legal and special legal principles of Russian law.

DOI: 10.7256/2454-0706.2017.2.10955

Abstract: The subject of this research is the category of legal mastery, which is views as the legal ideas of mastering humanism by an individual and society. Legal mastery includes the mediated by law human actions of intellectual and willed character regarding the transformation of the fragments of social reality. This implies humanization by the virtue of right of society and individual to establish such legal system, which converge on human, his rights and freedoms. Legal mastering is the mediated by law intellectual and willed actions on reformation and humanization of the system of law, as well as substantiation of importance of a human, his rights and liberties within the system of law. The scientific novelty consists in realization of the humanistic ideas in law, transformation of human being, social, and state in the context of legal ideas of mastering humanism by society and individual. We can notice a gradual change in correlation of the notions “law” and “human” The essence of this idea consists in “humanization” of law, as well as creation of such legal system that will converge on human, his rights and freedoms.

DOI: 10.7256/2454-0706.2017.2.21866

Abstract: This article gives special attention to the analysis of the elements of public danger of crimes associates with violation of rules and safety requirements in rendering services. The author describes the peculiarities of public danger of the criminal violation of rules and safety requirements in rendering services that are expressed in elements of the composition of crimes and serve as the indicators of public danger. The work examines the question of demarcation of administrative violations and crimes committed in this sphere based on the content of their public danger. The main conclusion of this research consists in description of interconnection between the content of elements of the composition of crimes associated with the violation of rules and safety requirements in rendering services, as well as their character and level of public danger. The author substantiates the specificities of social legal content of public danger of this category of crime.

DOI: 10.7256/2454-0706.2017.2.10934

Abstract: The subject of this research is the separate results of experiments conducted by the foreign scholars – representatives of neuroscience, which refute the freedom of will of an individual. Within the framework of integration process in law, an attempt is made of the systemic understanding of the impact of separate directions of neuroscience upon the further development of continental criminal law and its key institutions. The author comes to the conclusion that as a result of the use of non-juridical tools by the representative of neuroscience alongside the disregard of fundamental formulizations and traditions of the continental doctrine of criminal law, there are negative attempts of rejecting the free will of an individual, as well as possibility of substitution of the abstract construct of guilt and the element of subjective judgment. However, certain achievement of neuroscience, such as peculiarities of the human neural activity preceding his behavioral acts and gravitation towards popular opinion, fortified by results of the experiments, enrich the general scientific knowledge and have an applied value for the criminal law. The following conclusions are made: 1) the integration process in criminal law, in private cases must at least consider the special scientific (juridical) methods of research; otherwise, by means of using the non-juridical tools, dilutes the very essence of the criminal law, as well as unreasonably diminishes the importance of the developed and tested with time criminal-legal mechanism of its realization; 2) the achievements of neuroscience, dedicated to the new coverage of specificities of the activity of individual and willed factors of a person in basic questions of crime and punishment, must carry a supporting character for the criminal law, rather than substitute its regulatory and defense function.

DOI: 10.7256/2454-0706.2017.2.10912

Abstract: This work, from the perspective of detailed historical method of research, analyzes the normative positions of jarligs of Tatar Khans extended to Russian metropolitan bishops as a particular type of subsidized immunity diplomas.  It is difficult to overestimate the importance and the value of jarligs within the history of Russian law, including criminal law. The Tatar-Mongol invasion had impact upon the development of statehood and culture of Russian people, as well as affected the area of jurisdiction. Being different in its nature from the norms of the Ancient Russian legal system as a whole, the legal norms of the Golden Horde “familiarize” the princes and clergy with crimes that most likely were unknown to the Ancient Russian criminal law. Among such crimes we can list the bribery and violation of the dictates of legal norms, namely as the infringement on the state interests reflected in administrative order. These criminal acts in the law of the Golden Horde were punished more severely and took precedents in importance of object as compared to other crimes. There emerged certain “compromissory” compositions of crime, which were called to protect the interests of Russian clergy – ban on mockery of Christian faith; destruction, damage, or seizure of church property, as well as religious books and manuscripts as objects that possessed cultural and spiritual importance, and undoubtedly extended well beyond the property of the Russian Orthodox Church. But the Russian clergy represented by the metropolitan bishops was also forbidden to violate the precepts of jarligs, as well as the servants of the Khan.

DOI: 10.7256/2454-0706.2017.2.10926

Abstract: The morphology of papillary ridges is interconnected with the multiple human properties, as well as serves as the objects of psychogenetic, forensic pathology, criminal identification, and diagnostics. Thus, the fingerprints reflect the distinct individualizing information about the morphological and functional properties of a person. Modern research underline the importance of identification characteristics of the fingerprints alongside their diagnostic, psychological, and nosological correlations. The friction ridge skin acts not only as an identification criterion, but also reflects its diagnostic possibilities. In such case, the subject of inquiry changes. It becomes possible to resolve the identification tasks from the positions of establishment of personal identity, as well as forming a psychological profile. The subject of this work is the regularities that define the implementation of psycho-dermatoglyphic studies in criminalistics for the purpose of creating a psychological profile of an individual who left prints at the scene of the crime. Psychodermatoglyphics represents a new direction in criminalistic examination, which reflects the integral and integrative correlations between the object (fingerprint) and a subject. Psycho-dermatoglyphic method is based on interrelation of the topological model of the structures of brain with the morphology of a fingerprint (first right, first left) in the context of integrativeness of behavior and peculiarities of the structure of minutiae that indicate the neuropsychological and psycho-dermatoglyphic connections.

DOI: 10.7256/2454-0706.2017.2.12271

Abstract: This article analyzes the questions of recognition of the contracts void and null, taking into account the legal positions of the Supreme Court of Arbitration of Russia set by the Resolution of the Plenum of the Supreme Court of Arbitration of Russian of November 17, 2011 No. 73 “About single questions of practice of application of rules of the Civil code of the Russian Federation about the lease agreement" and the Information Letter of the Presidium of the Supreme Court of Arbitration of Russia of February 25, 2014 No. 66. In addition to this, from the perspective of law enforcement, the author analyzes the land and civil legislation, which pertains to signing and renewal of lease agreements on land lots that are part of state or municipal property. The work contains the new conclusions on correlation of norms of the land and civil law in regulation of relations associated with recognition of the real estate lease agreements void or null. The author also provides the recent legal positions of the Supreme Court of Arbitration of the Russian Federation and other courts on this matter.

DOI: 10.7256/2454-0706.2017.2.17741

Abstract: This article analyzes the construct, important conditions, and legal nature of the agricultural insurance policy based on the current normative legal acts. The role of the aforementioned policy in ensuring the realization of measures on substitution of imported agricultural products with domestic is underlined. The policy examines a subjective composition of insurance legal relations in agriculture, substantiates an objectively necessary integration, a “bow” of the “predominantly horizontal” property relations with the property relations of “predominantly vertical” nature. In author’s opinion, the subject of agricultural insurance policy lies in property relations (interest), which establish due to rendering a “particular type” of specialized services, expressed in “bearing the risk” of loss or destruction of the objects of agricultural insurance with state subsidization. The scientific novelty consists in the fact that the author stipulates the construct of agricultural insurance policy, determines the important conditions of agricultural insurance policy alongside the imperative nature of such policy with state subsidization, as well as justifies its role in ensuring the measures on import substitution. In addition to this, the article provides arguments that reflect the legal nature of agricultural insurance policy as an actual agreement with imperative signs and predominant dispositional norms.