DOI: 10.7256/2454-0706.2017.3.21770

Abstract: The subject of this research is the formulated in the early 1870’s R. Jhering’s concept of the struggle for law, which was the quintessence of the key ideas and constructs of the thinker’s legal understanding developed during the preceding period. The aforementioned concept established the final transition of Jhering towards the empirical-sociological legal positivism. In the concept of the struggle for law, Jhering formulated the original theory of social development and social changes, which is promoted and driven by law. The structure of the concept examines the following key components: perception of law as a practical notion; participation of each individual in the progress of law; and determination of the ethical and spiritual-moral motive as the most significant among all the motives of realization of law. The originality and novelty with regards to Jhering’s development of legal understanding, consists in elevation of the subjective law to the attribute of personal dignity. The concept of the struggle for law remains relevant in the modern political-legal literature and practice. The scientific novelty of this work lies in determination and interpretation of the main components of Jhering’s concept on the struggle for law in the context of progression of his legal views, formation of his style of creative philosophizing, empirical-sociological perception, as well as discussion of law. The concept of the struggle for law is views as a theoretically substantiated model of social development and social changes by the virtue of law and active participation of the contemporaries in realization and advancement of law.

DOI: 10.7256/2454-0706.2017.3.22519

Abstract: The subject of this research is the legal teaching of Jhering reviewed from the perspective of formation and application of the original methodology of legal knowledge and legal understanding, which articulated the sociological orientation of the thinker’s legal outlook. The peculiarity of Jhering’s methodology of legal teaching consisted in paradigmatic ideology of social realism oriented towards the general cultural positivistic ideology, according to which the society and its development was considered based on the image and likeness of the natural sciences. Due to this fact, Jhering substantiated and implemented within the legal knowledge and legal understanding the methods of structural functional and empirical analytical examination of law alongside the factors of social development, the principal of which was law. In addition, the article explores the meaning of the “jurisprudence of notions” in establishment of sociologically oriented methodology of Jhering’s legal teaching. The scientific novelty consists in research of the methodological foundation of Jhering’s sociologically oriented legal teaching. The author demonstrates the actual meaning of the “jurisprudence of notions” in ideological and methodological formation of Jhering’s original sociological approach to law. A position is substantiated that Jhering was the first legal expert, who prior to the conceptual arrangement of the structural functional analysis in sociology, has applied this method towards the analysis of law, as a social phenomenon that is determined and verified by the social reality.

DOI: 10.7256/2454-0706.2017.3.21587

Abstract: The subject of this research is the application of complex approach towards unification of the norms of civil and arbitrary procedures, as well as consideration of the international experience, successful, implementation of civil law institutions within one group of countries that are unique to these countries, results of scientific examination, historical experience, and account of the established judicial practice in their combination and interconnection as the single complex of conditions necessary for exclusion of the conflicts in unification of the norms of civil and arbitrary procedures in the Russian Federation. The main conclusion of the conducted research consists in the following: there is a need for taking into account the cross-sectoral vector of development and improvement of law, and because the norms of substantive law are closely related to the norms of procedural law, as well as are mutually complementing, emerges the demand in organization of the lawmaking process, considering a specific doctrine. The author suggest systematization of the scientific examination on unification of the norms of civil and arbitrary procedures according to the doctrinal affiliation for the appropriate understanding of applicability of the context of solution, proposed by the result of the research.

DOI: 10.7256/2454-0706.2017.3.21172

Abstract: This article examines the key positions of anarchic humanism that is a political legal concept of one of the most remarkable representatives of the Russian anarchism of the early XX century – A. A. Borovoy. The author focuses on the questions associated with Borovoy’s political role in the contemporary to him society, as well as society of the future related to establishment of the new forms of social development. Special attention is given to the legal questions in interpretation of the anarchic humanism, forms of political participation common to the mechanisms of representative democracy, and actualization of A. A. Borovoy’s heritage in the context of modern sociopolitical realities. Methodological basis of the article lies in the thinker’s political legal activity in systemic understanding, combined with the scientific objectivity and analysis of historical reality. In theoretical heritage of A. A. Borovoy’s can be detected multiple pressing judgments that pursue although conventional, but rather interesting parallel between the political crises in the Russian Empire between the XIX and XX centuries and the modern state of Russia. The author suggests that examination of the concept of anarchic humanism can contribute info determination of the new ways and trajectories of development of the modern societies, considering on of the most underestimated pages of the Russian sociopolitical thought.

DOI: 10.7256/2454-0706.2017.3.22130

Abstract: The subject of this research is the dynamic of correlation between the law as one of the fundamental normative system and the phenomenon of human rights and freedoms. Such dynamic is subject to the philosophical legal analysis, considering the specificity of philosophical legal knowledge. At the same time, the research is conducted at the intersection of the general philosophy of law and philosophy of human rights. The author carefully examines the possible models of their interaction – conflicts and harmonious. Special attention is given to clarification of the trends in development of law, as well as trends in development of human rights under the existing circumstances as a mandatory requirement for the reasonable and objective analysis of the aforementioned interrelation. As the starting point, the article applies generalizations formulated within the framework of the philosophy of human rights. Systemic analysis of the correlation between the law and human rights suggested to be considered as independent thematic space of the philosophy of law and philosophy of human rights that complements and enriches the list of fundamental questions of the philosophy and theory of law (correlation between law and morality, law and society, etc.). The scientific novelty lies in the fact that this research is the first to propose a multi-aspect approach towards the correlation between law and human rights as a separate philosophical legal issue, which amplifies such traditional questions of the philosophy of human rights, as the source of rights, their normative contents, philosophical substantiation, etc. The author concludes that the condition of the legitimacy of law consists in its compliance with the human rights, which in turn, must adhere not just to the principles of law, but also the principles, ideals, and values of the morality. The analyzed correlation was viewed through the currently relevant dichotomy of “universalism and relativism”.

DOI: 10.7256/2454-0706.2017.3.22067

Abstract: The subject of this article is the examination of scientific methods of assessment of the political risks in political parties’ activity. The author ranges the methods and methodologies of assessment of the political risks into qualitative (humanitarian), quantitative (statistical), and hybrid. Special attention is given to the macro-sociopolitical models, as well as methods of social forecasting: extrapolation and analogy, scenario planning. The article also reviews the relevant research methods of assessment of the political risks, among which are the content analysis, analysis of social media, and analysis of social networks. The conclusion is made that the hybrid methods are the most efficient in assessment of the political risks in political parties’ activity. The study of factors affecting the political situation, as well as formulation of forecasting assessment based on the accumulated information, is of prime importance. The author determines and substantiate the need for comprehensive and gradual implementation of the method of assessment of the political risks in political parties’ activity.

DOI: 10.7256/2454-0706.2017.3.22161

Abstract: This article provides brief information on discussion of the modern issued of the criminal and medical law in Poland, taking into account the experience of other stated in regulation of responsibility of the physicians, trends of implementation of the norms of international, European, and foreign legislation into the Polish national legislation. The work covers the assessment of lawmaking decisions in the field of human rights, primarily protection of women’s right who undergone domestic or other type of violence, or faced the rejection in providing the medical aid and services. The author presents the data on peculiarities and achievements in the medical and criminal laws of Germany, United States, Switzerland, France, and other states, which could be used for the purpose of improving the Polish legislation in order for it to meet the European and international standards, as well as for combatting corruption and other negative phenomena. The article also highlights the position of Polish juridical science and practice with regards to human trafficking or hate crimes. Characteristic is given to the attitude of the Polish medical legal experts and human rights advocates towards the decision of the Constitutional Tribunal of Poland pertaining to the conscience clause, lawmaking initiatives, and separate legislative acts, which were submitted for consideration of the Sejm.

DOI: 10.7256/2454-0706.2017.3.22217

Abstract: This article describes the evolution of cultural and legal views of the Supreme Court, which served as a starting point in formation and maintenance of the constitutional rights and freedoms in the Israeli society. The author examines the main stages of the Israeli Supreme Court, as well as provides a description of the main elements that influenced the formation of modern image of the Supreme Court and its role in establishing the legal culture of Israeli society. Particular attention is given to the transformation that took place in the work of the highest judicial authority of the State of Israel over the period of 1980-1990, which consists in transition towards the policy of judicial activism. The goal of the research lies in examination of activities of the Supreme Court of Israel, the analysis of the Court's role in the national legal system and its impact on the legal culture of the Israeli society. Based on the result of this work, the author concludes that the Supreme Court of Israel has played an important role in establishing and ensuring the constitutional rights and freedoms to Israeli society, and until present day, is the founder of legal innovations in the country.  

DOI: 10.7256/2454-0706.2017.3.21370

Abstract: This article examines the provisions of the Federal Law N 323-FZ " On amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation concerning the grounds and procedure of exemption from criminal liability " in terms of amending the Criminal Code of the Russian Federation regarding the decriminalization of battery and failure to pay alimony or child support, establishment of criminal liability for minor larceny (Article 158.1), as well as introduction of such ground for exemption from the criminal responsibility as release from criminal responsibility with the court fine (Article 76.2). The scientific novelty consists in comprehensive study of the provisions of the new federal law in part of making amendments into the Criminal Code. Analyzing the new law, the author focuses attention on its positive, as well as negative aspects, as well as expresses a number of remarks pertaining to further improvement of the criminal legislation.

DOI: 10.7256/2454-0706.2017.3.21926

Abstract: The object of this article is the process of constitutionalization of the positions of health in the countries of the Association of Southeast Asian Nations (ASEAN), the comparative analysis of which is provided with consideration of its evolutionary character, in tight interconnection with the development of healthcare systems, as well as the level of funding of healthcare system. Within the framework of examination of the topic, the author reviews the constitutional acts of the ASEAN member-state, which enshrine the positions on health in form of the right to health and socioeconomic goal; as variations of social support of the vulnerable groups of population or legislative limitations of certain rights and freedoms necessary for protecting the public health from various threats. It is noted that on one hand, the question of ensuring the individual and public health represents a permanent task for any state, which should be resolved without considering the fixation of the corresponding positions in normative material, but nevertheless, using a significant amount of economic resources. On the other hand, population of any country, even in case of substantial state and private investments into the healthcare, cannot count on the complete freedom of diseases regardless the constitutionalization of positions on health and medical aid. But despite this, the process of consolidation of the positions on health in constitutional acts of various states can be considered a positive trend. In turn, the latter leads to emergence of responsibility of the states to recognize and abide alongside the possibility of the rightsholders to protect the rights associated with restoration and support of health; testifies to formation of the vector of development of legislation that regulates the sphere of healthcare; as well as allows the states to create their own concept of dynamic development of this sphere and establish a complex of responsibilities in the area of health protection based on the accessible financial resources.

DOI: 10.7256/2454-0706.2017.3.18736

Abstract: The subject of this research is the combination of legal norms that regulate the order of the incurrence of liability for violations of requirements for project documentation and normative documents in the area of construction. The object of this research is the public relations established between the competent authorities and the actors of construction activity regarding the audit of documentation and adherence of the latter to the requirements of normative acts in the area of construction. The Code of the Russian Federation on Administrative Offenses refers to the various normative legal acts, which are not quite subsequent in regulation of the content and completeness of preparation of the project documentation. The key directions of the study cover the difficulties of theoretical and practical character that accompany the possibility of full qualification of actions, which represent the composition of administrative legal violations for infracting the requirements of project documentation and normative documents in the area of constructions. The author concludes that the punishment for the legal violation established by the Article 9.4 of the Code of the Russian Federation on Administrative Offenses does not carry out its preventative or recovering function to the full extent. The aforementioned administrative legal violation takes place due to the neglect and indifference by the subjects of construction activity of the content of project documentation, as well as the procedure of its complete and timely preparation.

DOI: 10.7256/2454-0706.2017.3.22168

Abstract: The subject of this article is the examination of peculiarities of the agreement on exercising the rights of parties of organizations, which consists of the internal positions defined within the framework of the Clause 4 of the Article 66.3 of the Civil Code of the Russian Federation (Part 1). This publication also reviews the opinions of the legal expert regarding the place and role of such agreement among the internal documents of organization, as well as provides the author’s perspective. In addition, the author identifies the understanding of the right to determine these positions in the context of the corresponding agreement within the corporate relations between the parties and organization. Taking into account the peculiarities of corporate relations, it is proven that the right to determine in the agreement of exercising internal positions of the rights of all involved parties of private company, represents the right to unilateral regulation of internal positions, which belongs to all parties within the framework of corporate relations between participant and the company.