DOI: 10.7256/2454-0706.2017.7.18381

Abstract:   The subject of this research is the Russian political system. The object of this research is the determination of essence of the Russian political system associated with the choice of state legal modernization project. Due to the early established tradition, understanding and acknowledgement of originality of the Russian political world, genesis, and specificity of the own and adjusted sources, distinct metaphysics of political relations and ways of their regulation, suggests reference to the question of typification of the Russian political system, as well as identification of its place within the currently existing typologies. The main conclusion of this work lies in indicating the typological peculiarities of the modern Russian political system under the conditions of establishment of the new European political legal order. The typological characteristic of the current Russian political system alongside the content and result of the political convergence and globalization processes are defined by several phenomena: gradual deformation of multiple Soviet, and later liberal political, legal, and ethical norms, institutions, and values; consolidation of position on the so-called immanent of the history of Russian State and society “lack of own traditions of democratic political thinking” aligned with the neglecting of the national spiritual values; orientation of the ruling elites towards the certain “universal” political institutions and values, transnational ideas, and necessity of Westernization of the Russian political life.  

DOI: 10.7256/2454-0706.2017.7.18030

Abstract: The subject of this article is the theoretical problems in determining the notion of “corruption”, associated with identification of diplasty (combination) of such social phenomena as law and morality. The currently existing in legal literature conceptual approaches towards the term “corruption” to an extent endure the oversimplified understanding of this question, which often emerges from the insight that such phenomenon is based on the corruption[WU1]  legal violation, but sidestepping the presence of other corruption phenomena that are not illegitimate, in its essence carry a corruption character. Among them, a significant place is held by the amoral actions (ethical trespass). In particular, it translates into the fact that moral norms unlike the legal are always legitimate, because it is the main condition of their formation and impact. If one or another behavioral norm is not supported by the majority of society or a separate social group, it becomes “vain”.  Special attention is given to the legal concept that suggests relying upon the presumption of their illegitimacy, rather than presumption of amorality of manifestations of corruption. A conclusion is made that the misuse of public status for personal purposes represents a corruption legal violation. The scientific novelty of this research consists in articulation of the theoretical problems on improving the anticorruption legislation.  [WU1]

DOI: 10.7256/2454-0706.2017.7.23398

Abstract: This article is dedicated to the system of Russian language testing, knowledge of history and basics of legislation of the Russian Federation. The subject of this research is the realization by the government bodies, organizations, and other involved actors of positions of paragraph 8 of the Article 15.1 of the Federal Law No. 115-FZ of July 25, 2002 “On the Legal Status of Foreign Citizens in the Russian Federation”. The goal of this work consists in describing the current practice of implementation of the indicated norm in 85 constituents of the Russian Federation for further formulation of recommendations regarding its improvement. The article provides the research results of one of the components of the system of linguistic-didactic testing – the regional system of Russian language testing, knowledge of history and basics of legislation of the Russian Federation. During the course of this research, the author had analyzed over 120 normative acts, surveyed 509 respondents, 412 of whom are employers of the organizations responsible for carrying out the test, and 97 persons – officers of the regional branches of the Ministry of Internal Affairs.  

DOI: 10.7256/2454-0706.2017.7.23430

Abstract: The subject of this article is the legal aspects of matrimonial relations in of the largest partners of Russia – China, from the perspective of determining the role of judicial interpretation in evolution of the procedural practice in this sphere. The traditional family law is considered a legal branch that is less affected by changes; however, the changes take place. The author covers the most essential aspects of functionality of the matrimonial relations – since the conclusion of marriage up until divorce. Special attention is given to the question of appraisal of judicial interpretation by the citizens of People’s Republic of China. The author leans on the subjective-objective set of the processes and phenomena in the surrounding world. The main conclusion of the conducted research lies in the position that under the conditions of ambiguity and contradiction of the approaches of legislation and judicial practice, people themselves take on the protection of their rights. Results of the work serve as a source of relevant information on the acting law of one of the dynamically developing countries of the world, and thus, can be valuable for the practitioners who maintain ties with China, as well as the law enforcement agencies in Russia; it also enriches the science of the national private law.

DOI: 10.7256/2454-0706.2017.7.20802

Abstract: This article analyzes the questions associated with citizens’ participation in the work of civil society institutions. The author turns attention to the various models on relationship between civil society and the state, elements of solidarization of citizens that conduce the formation of civil society. The work scrutinizes the program and legal measures of the Russian State aimed at formation and strengthening of the civil society institutions. Characteristics of the organization structures of civil society alongside the level of their attractiveness for the citizens are presented in combination with the assessment of the results of practical activity of the separate structures of civil society. In conclusion, the author gives attention to the relevant issue of legal regulation and prospects for development of the informal manifestations of civil society. The author suggests the original legal approaches towards resolving the problems of debureaucratization of civil society, as well as development of promising and desirable directions in Russia, which include volunteering, charity, and socially oriented nonprofit organizations.

DOI: 10.7256/2454-0706.2017.7.23487

Abstract:   The subject of this research is the norms of constitutional and criminal procedural legislation, legal positions of the Constitutional Court of the Russian Federation, results of scientific studies, statistical data, and judicial practice materials that pertain to the study area. First and foremost, the author examines the norms and positions, which regulate peculiarity of the status of affected party, procedural provision of parties of the stage of criminal case initiation, as well as procedural aspects of its execution. One of the key problems of protection of rights of the persons harmed by criminal acts consists in ensuring their interests at the pretrial stages of criminal case processing. The conducted research demonstrates the currently existing situation with realization of mechanisms that ensure right to access to justice faces the abundance of issues. At the stage of criminal case initiation, there is an interested party, although without the formal status of a victim. It leads to the following problem: if the legitimate interest of a person alongside the presumption of their violation are present, there must be the guarantees for their protection, including the means of ensuring the right to access to justices. The conclusion is made that for individual involved into any procedural actions at the stage of criminal case initiation must be provided the supporting means that allow referring to judicial defense. In turn, the absence of procedural form for the other proceedings, realization of which is possible at the stage of criminal case initiation, impairs efficiency of the only indicated supporting means – clarification of the rights and responsibilities. As a result, the author substantiates the need for amending the draft of the Part 1.1 of the Article 144 of the Criminal Procedural Code of the Russian Federation and addendum of a new Part 1.2 to this Article. These rules are suggested to be viewed as means of ensuring the access to justice, and must belong to all parties of any procedural actions.  

DOI: 10.7256/2454-0706.2017.7.18325

Abstract: The subject of this research is the normative legal acts that regulate the work of the law enforcement agencies on the fight against child neglect during the Great Patriotic War. The object of this research is the public relations emerging as a result of work of the law enforcement agencies on this matter. The author meticulously reviews the causes of neglect, as well as gives special attention to the key directions of activity of the department on the fights against child neglect and homelessness, as well as children correctional facilities. The scientific novelty consists in the fact that for the first time in Russian jurisprudence, the author attempts a comprehensive analysis of the normative consolidation of the work of law enforcements aimed at fight against child neglect and homelessness during the Great Patriotic War. Conclusion is made that under the circumstances of the newly started war, the problem of child neglect becomes sizable; however, the established system of law enforcement agencies aimed at fighting child neglect and homelessness provided an efficient execution of the delegated functions. The archive materials testify to the fact that the law enforcements successfully fought the mass homelessness and neglect.

DOI: 10.7256/2454-0706.2017.7.23481

Abstract: The subject of this article is the legal establishments of the Russian Empire in formation of the status of Islam and Muslim clergy in the North Caucasus Region (late XVIII – XIX centuries). The author presents an original view of the situation at hand, and arguing that throughout the entire chronological period Muslim religion manifested as an efficient tool for “conciliation of the alien tribes” and was implemented by the government, analyzes the key postulated of lawmaking of the empire with regards to Islam. A conclusion is made that as a result of conflictness of multiple legal establishments in the North Caucasus Region, the adjustment of Russian legislation to Muslim religion took quite long time – the entire XIX century, which contained the religious legal models that fluctuated from the formation of basic foundations of the religion to creation of the legal precedents. In order to not repeat the past wrongs, the modern legal experts and politicians must analyze the existing experience in the “Muslim question” that can help finding the right ways for ruling the multi-confessional nation.

DOI: 10.7256/2454-0706.2017.7.23456

Abstract:  This article explicates a position towards the commercial pseudoscientific dermatoglyphic testing, which discredits the dermatoglyphic research. Attention is turned to the inadmissibility of identification of such testing with the criminalistics dermatoglyphics, which level of development is rather high. The author reviews the propositions of the scholars, who specialize in the area of forensic and criminalistic dermatoglyphics, as well as practical determination of various characteristics of a human based on the maximally full volume of qualitative and quantitative dermatoglyphic signs. This article represents an analysis of the insufficiently reasoned critical position of formation of the criminalistics dermatoglyphics theory, as well as ways for resolution of the diverse diagnostic tasks. It is aimed at establishment of the objective assessment of the current status of theoretical and practical research of criminalistic dermatoglyphics as a constituent of the sector of criminalist technique – trace evidence.

DOI: 10.7256/2454-0706.2017.7.22966

Abstract: In this study, the author considers a new phenomenon in the Russian legal order - the public interest law. The theoretical preconditions for the formation of the concept of the law of public interest through the prism of the convergence of private and public law are analyzed, and certain norms of civil legislation concerning the protection of public interest are given. In the course of the research, the author comes to the conclusion that the effectiveness of solving the problem of defining the public interest law should be determined by the necessity of its objective existence as such. It should be kept in mind that, on the one hand, it is necessary to create conditions for a uniform understanding of the category of "public interest", excluding its broad interpretation for the benefit of private or public law, on the other - establishing criteria, methods and mechanisms for implementing and protecting public interest by using norms of both, private law and public law. In addition, the author concludes that the concept of public interest law in its Americanized perception cannot be fully accepted in the Russian legal field, since it significantly impoverishes the idea of protecting public interest in general.