по
Legal Studies
18+
Journal Menu
> Issues > Rubrics > About journal > Authors > Requirements for publication > Council of editors > Redaction > List of peer reviewers > Review procedure > Policy of publication. Aims & Scope. > Article retraction > Ethics > Legal information
Journals in science databases
About the Journal

MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 07/2013
Contents of Issue № 07/2013
Transformation of legal systems
Uvarov A.A. - On the role of state in formation of a civil society pp. 1-40

DOI:
10.7256/2305-9699.2013.7.8782

Abstract: The article analyzes the legal basis for the relations between the state and civil society. The basic elements for the evaluation of these relations are constitution and de facto political regime in a state. The object of evaluation includes novelties of the Russian legislation in various spheres of civil society.  Much attention is paid to the controlling functions of the civil society. There is a gradual redistribution of competences previously belonging to the state bodies in favor of civil society institutions.  In the process of interaction between the state and civil society there appear structures necessary for a civilized dialogue, such as the Social Chamber of the Russian Federation, apear. The author evaluates the role of civil society in the reform of the judicial system, including the issues regarding the level of trust of the people in the judicial branch of power, its openness and accessibility for the people.  The legislative measures aimed towards strengthening of the state support for the political parties should include the provisions granting the citizens, who are not members of any political parties, freedom of choice when forming representative election bodies.  The article also concerns a number of other topical problems regarding interaction between civil society and state. The author formulates propositions for the guarantees of the optimum balance in the relations between state and civil society in order for the civil society to develop freely and efficiently.
Human and environment
Babin B. - Legal guarantees of treatment of Cetaceans in Ukraine pp. 41-55

DOI:
10.7256/2305-9699.2013.7.8895

Abstract: The article discusses the problems regarding procedural regulation of use of marine mammals in Ukraine.  Taking the Cetaceans (Whales) as an example, the author shows use and interaction of international acts on environmental protection and national legislation, and bylaws in this sphere.  It is proven that the goals of environmental protection and economic legal regulation in this sphere are being corrected within the framework of the principle of humane treatment of animals.  The authors shows contradictory meaning of the Rules and norms on treatment of dolphins in captivity, which were adopted in 2012 by an Order of the Ministry of Environment and Natural Resources of Ukraine.  It is shown that legal reaction to the development of dolphinariums in Ukraine is due to a number of factors.  It is shown that due to commercial success of dolphinariums it is unlikely that there shall be a prohibition or considerable limitation of their activities due to the need to guarantee comfortable captivity conditions for dolphins.   It is also proven that the perspectives of practical implementation of the Rules and norms on treatment of dolphins in captivity of 2012 till 2015 are ambiguous, taking into account factual lack of control over the activities of dolphinariums and their development in Ukraine before these Rules were adopted.  The Rules as such are formally in conformity with the Agreement on the Conservation of Cetaceans in the Black Sea, Mediterranean Sea and Contiguous Atlantic Area of 1996, however, the Rules contradict the requirements viewed as a complex, since they legalize commercial activities of dolphinariums and support the growth of commercial demand for the capture. The article discusses the problems regarding procedural regulation of use of marine mammals in Ukraine.  Taking the Cetacea (Whales) as an example, the author shows use and interaction of international acts on environmental protection and national legislation, and bylaws in this sphere.  It is proven that the goals of environmental protection and economic legal regulation in thi s sphere are being corrected within the framework of the principle of humane treatment of animals.  The authors shows contradictory meaning of the Rules and norms on treatment of dolphines in captivity, which were adopted in 2012 by an Order of the Ministry of Environment and Natural Resources of Ukraine.  It is shown that legal reaction to the development of dolphinariums in Ukraine is due to a number of factors.  It is shown that due to commercial success of dolphinariums it is unlikely that there shall be a prohibition or considerable limitation of their activities due to the need to guarantee comfortable captivity conditions for dolphines.   It is also proven that the perspectives of practical implementation of the Rules and norms on treatment of dolphines in captivity of 2012 till 2015 are ambiguous, taking into account factual lack of control over the activities of dolphinariums and their development in Ukraine before these Rules were adopted.  The Rules as such are formally in conformity withthe Agreement on the Concervation of Cetaceans in the Black Sea, Mediterranean Sea and Contiguous Atlantic Area of 1996, however, the Rules contradic the requirements viewed as a complex, since they legalize commercial activities of delphinariums and support the growth of commercial demand for the capture. 
Anthropology of law
Gulyaikhin V.N. - Family as a subject of early legal socialization pp. 56-66

DOI:
10.7256/2305-9699.2013.7.9007

Abstract: The article is devoted to the studies of the role of modern family as a legal socialization agent. Using the psychoanalytic methodology, the author studies the issues of early legal socialization of a person within the framework of family relations.  In the opinion of the author the family is a part to a normative element in a society, since it bears certain moral, legal, value- and meaning related complex, by which the legal education and teaching of a child are implemented, defining his social functions and status.  The family forms a primary cultural and psycho-social environment, in which the social and legal personal qualities are being developed.  A child sees parents as an embodiment of spiritual and moral, legal and social complex, to which they belong as subjects.  Evolution of an institution of a family in a state however is not without trouble, and its development is not always on an ascending route.  In order to successfully resolve fundamental problems of early legal socialization, it is necessary that both  mother and father are willing to teach their child humanity, kindness, conscience, common since, discipline and respect for order.  The article contains a conclusion that due to global social and economic transformations the tonus of a modern human ego is lowered, which is due to negative tendencies in the family development, where the socializing functions of the elder generation relatives are minimalized and the traditional role of a father as an embodiment of order, discipline and rules for his children are lowered. 
Authority and management
Aleshkova N.P. - Municipal law-making: definition and nature pp. 67-87

DOI:
10.7256/2305-9699.2013.7.8776

Abstract: Special attention is currently paid to the issues of municipal law-making. A great number of normative legal acts and invididual legal acts appear at a municipal level, a great number of contracts is conclude, and all of these have considerable impact upon development or degrading of hte municipal administration system and upon the economy of a particular municipal unit.  At the same time understanding of municipal law-making has a defining value in the process of decition-making by both the municipal bodies and directly by the population (via local referenda and meetings of the residents), and it should be recognized both at the initial stages of drafting and adoption of a legal act (conclusion of a normative contract), and when such an act is amended.  The article contains multi-aspect adn complex definition of municipal law-making, which includes not only the acts of competent subjects on adoption of normative acts at a municipal level, but also direct relation between the term "municipal law-making" and its key types (direct and indirect, administrative and contract-based, voluntary and obligatory, basic and additional).
Shcherbanyuk O.V. - The right of citizens for state affairs management in Ukraine: search for an optimum model pp. 88-99

DOI:
10.7256/2305-9699.2013.7.9010

Abstract: The article is devoted to definition and elements of constitutional right of citizens to manage state affairs. The author analyzes constitutional regulation of the right of citizens to manage state affairs.  Based upon the studies taken the author provides arguments in favor of the conclusion that there is need to widen the scope of citizen participation in state affairs management in Ukraine.  It is proven that a legal factor within the scope of guarantees of the right to participate in management of state affairs is an obligation of the state to provide necessary conditions for such participation.  In the process of constitutional modernization of Ukraine the main goal is to provide constitutional guarantees of stability of election legislation.  It is noted in the article that in order to achieve more efficient development of constitutional legislation on forms of political participation of citizens the legislator should act based upon the principle of constitutional forecasting, and taking into account interests and needs of the people in the process of planning it.  Moreover, involvement of citizens into the law-making process shows the degree of implementation of sovereignty of the people. That is why, the character of legislative norms on participation in state affairs management depends on political activities of the people, their legal conscience and legal culture.
Judicial system: decision-making practices
Konovalov A.O. - Topical problems of protection of an infringed right to access information on activities of the courts in the Russian Federation pp. 100-124

DOI:
10.7256/2305-9699.2013.7.9008

Abstract: The article contains the study of current legislation of the Russian Federation regulating the legal relations regarding implementation of various means of protection of a constitutional right to access information on activities of the courts: administrative control, prosecutor supervision and judicial mechanism.  The author distinguishes the competences of the chairpersons of Supreme Courts of the Republics, and regional courts, the courts of the cities of federal significance., courts of autonomous regions and districts, and chairmen of the city (district) courts in the sphere of administrative control. The author also provides legal characteristics of use of supervisory competence of the prosecution, and studies the procedural specific features of use of the judicial protection mechanism.  The author provides critical analysis of the existing judicial and supervisory practice, taking the Novosibirsk Regional Court as an example. He also defines the key directions for the improvement of current legislation in the sphere of protection of the right to access information on the activities of the courts in the Russian Federation.
History of state and law
Kodan S.V., . - Local law of the Baltic provinces within the legal system of the Russian Empire: integration, systematization and unification (XVIII - early XX centuries). pp. 125-147

DOI:
10.7256/2305-9699.2013.7.626

Abstract: Inclusion of the Baltic regions into the Muscovy started in 1700 - 1721 during the war with Sweden, and it brought into the Russian legal system a social and territorial area with a complicated system of particular sources of law, reflecting its former inclusion into the Baltic territories of the Livonian Confederation (XIII - XVI centuries), and then into the Swedish Kingdom (Esthland, Livonia). Inclusion of the Kurland into the Russian Empire after the third separation of the Polish-Lithuanian Commonwealth in 1795 completed the inclusion of the Baltic provinces into the Russian Empire.  The various layers of legal information from the former states of the Baltic provinces did not facilitate integration of the local law into the legal system of the Russian Empire, and it was an obstacle to a normal development of legal practice. The measures taken to clarify the local laws both before and after the territories were included into the Russian Empire in XVIII - first quarter of XIX centuries were not successful.  Systematization of local sources of law in 1930 - mid-1940s was an important stage of formation of local law in the Baltic provinces, and in 1845 the first and second part of the Code of Local Laws of the Baltic provinces became an important stage of it as well.  In 1864 the third part of the Code was adopted, and it included civil law provisions of particular law. In 1840-1860 the criminal and procedural legislation of the Baltic provinces was substituted with the Russian legislation. The said issues became the subject of analysis in this article.
Practical law manual
Badikov K.N. - Psycho-dermal-glyphic analysis in clinical personology of persons with unlawful behavior. pp. 148-167

DOI:
10.7256/2305-9699.2013.7.8823

Abstract: Taking the brain pathology into account when forming a psychological profile allows us to understand the causes of unlawful behavior. An innovative method of formation of a psychological profile via psycho-dermal-glyphic means requires development of a reflected stereotaxic brain model at a localized area - phalangettes of thumbs. The specific dermal glyphic elements (minutia) serve as diagnostic markers for various psychological conditions and statuses.  The scientific literature provides for a vast variety of articles on neurobiological causes of unlawful behavior. Psycho-dermal-glyphic studies unite neurobiological, neuropsychological and psychogenetic study results. The value of psycho-dermal-glyphic method is found in formation of a psychological profile in the conditions when palm prints at a crime scene are minimal.  Classification of character accentuations  is much similar to the system of psychopaties.  The psychodiagnostic practice traditionally provides for the personality accentuations based on complex clinical and experimental - psychological studies. The psycho-dermal-glyphic analysis  is performed from the standpoint of integration approach to emotional and sensuous sphere of a person. Development of topical issues in the sphere of aetiology and pathogenesis of brain pathology and its minimal clinical forms draws closer towards forecasting and psychodiagnostics of behavior, unlawful behavior included.  The goal of psycho-dermal-glyphic studies is to single out dermal glyphic and psycho dermal glyphic markers of dysembryogenesis of the central nervous system, the congenital brain pathologies and its minimal clinical forms.
Akhrameeva O.V. - Establishing jurisdiction of a court in cases on challenging contractual obligations in a contract with an undefined place of performance. pp. 168-176

DOI:
10.7256/2305-9699.2013.7.8939

Abstract: Stability and predictability serve as a basis for the relations among economic subject. And one may refer to stability also with the references to the judicial cases on disputes among the contractual parties, when the possibility for such conflict resolution is provided in the contract.  However, some parties make mistakes in this respect, such as failure to mention the place of contractual performance, forming an obstacle to lawful conflict resolution.  Most of contracts for sale of goods, performance of work, and provision of paid services do not refer to place of performance under the contract. Usually the parties mention a place where the contract was concluded as well as the place of factual performance of an obligation - handing the goods over to a buyer, provision of results of work to a customer, provision of services. It might seem that there is no practical need to refer to a place of performance under a contract. However,  presence of such a clause in a contract allows to use the right for alternative place of jurisdiction instead of filing a claim at the place of residence of a respondent.  On the opposite, in the absence of such a clause the possibilities for the use of alternative jurisdiction are often misunderstood.
Jurisprudence
Demidova L.N. - Systemic-functional approach and the golden proportion law in criminal law. pp. 177-192

DOI:
10.7256/2305-9699.2013.7.8802

Abstract: The goal of the article is to evaluate the systemic-functional method of scientific research in the sphere of criminal law with the application of the unique mathematical method - the golden proportion law.  The author evaluates various points of view on defining systemic approach, and she singles out the key element of a systemic event, which is a system-forming factor, which is functional purpose in legal systems.  It is pointed out that when criminalizing an act, one should establish measure and critical points of such an event, and then fix them within a legal framework (legal model) of a crime. Such an approach is necessary in order to define types and amounts of punishment.  When forming a basic, aggravated and specially aggravated elements of crime, as well as relevant sanctions, the author offers to pay attention to the goldern proportion rule. The propositions in this article may be used in law-making activities and scientific legal research.
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.
"History Illustrated" Website