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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 11/2014
Contents of Issue № 11/2014
State institutions and legal systems
Mamitova N.V. - Problems of Carrying Out Anti-corruption Review of Rules and Regulations and Drafts Thereof in Modern Russia pp. 1-14

DOI:
10.7256/2305-9699.2014.11.1338

Abstract: This article considers the theoretical issues of organizing and carrying out anti-corruption expert review, it analyzes the practice of such review and gives practical recommendations related to arranging and carrying out anti-corruption review of rules and regulations and drafts of such rules and regulations. It also considers the key types of anti-corruption review, points out the problems which expert faces when conducing such review. The article notes that in order to overcome various negative phenomena in the law-making process in the Russian Federation, the institute of legal review of Russian laws was established to create effective barriers to corruption phenomena in power and other negative trends interfering with the effective law-making process. Methodologically, the article is based both on the general and special methods: historical, dialectical, systematic, comparative legal, hermeneutics, analysis, synthesis and a number of other research methods and approaches. The scientific novelty of this article is in the fact that the author does not just analyze the problems associated with the anti-corruption expert review  in the Russian society but also suggests ways of solving them which may improve the efficiency of such anti-corruption review. Implementing such suggestions will result in better effectiveness in implementing the National Anti-corruption Strategy, boost the research into this subject and draw the public attention to the questions raised in the article.
Law and order
Trofimova G.A. - Not Securing the Right to Internal Security of the Public as an Offence pp. 15-25

DOI:
10.7256/2305-9699.2014.11.1349

Abstract: The state as a system of social organization is supposed to perform a number of inherent functions which correspond to its goals and objectives. One of the most important task is the protection of its own citizens from the encroachments of various persons violating the general law and order. It is the degree to which the state secures this right to security that the possibility of implementing the constitutional rights and freedoms in its territory largely depends on. However, experience shows that the public is not in sufficient internal security, therefore, not every measure required to procure it has been taken as of today. What these measures are and how they are related to the legislative activities of the state was what the author of this article was attempting to determine.In doing this, the following general scientific and special research methods were used: analysis, synthesis, modeling, formal logic and grammatical, historical methods. As a result of this research, it was established that the state does not secure the right of the public to security in full, either though the country’s parliament or through its executive or judicial authorities. In view of the above, the author believes that it is necessary to admit that the legal relationship with respect to the implementation by the state of such function as the citizen’s internal security is distorted, meaning that it is in the situation of a constitutional offence which must be, undoubtedly, remedied promptly.
Договор и обязательства
Bogdan V.V. - Current Problems of Agreement-Based Regulation of Legal Relationship with Consumers pp. 26-35

DOI:
10.7256/2305-9699.2014.11.1335

Abstract: Currently, agreement-based regulation of relationships with consumers cases in practice significant difficulties which are expressed in the growing number of legal cases of this category. Such problems are due to the practice of including in the contracts of bad-faith provisions by the consumers’ counterparties. In this article, the author considers this problem, for the ultimate purpose of solving the question of effectiveness of agreement-based regulation, through the lens of Article 16 of the Law of the Russian Federation “On Protection of Consumers' Rights”.  It examines the possibility for the consumers to challenge in court certain provisions of contracts which infringe their rights. In this article, the author uses the methods of analysis, abstraction and specification, as a result of their application the author defined the conditions for effective agreement-based regulation of relationship with consumers. The scientific novelty of this work lies in the fact that this is one of the first works in which an attempt is made to substantiate the insignificant role of the contract as a regulator of relationships with consumers. During this research, the author draws the conclusions that the analysis and successions offered in this article may be used in further work aimed to improve the laws on the protection of consumers’ rights.
History of state and law
Shchuplenkov N.O. - Forms of Civil Control in Legal Process of Ancient Russia pp. 36-60

DOI:
10.7256/2305-9699.2014.11.1348

Abstract: This article deals with the history of creation of creating the civil control forms in the legal process of ancient Russia, its specific features and peculiarities. It shows the influence of conflict resolution studies and jurisprudence on performing mediation procedures. The importance of this work may be put down to the fact that the number of published works on the subject of mediation in ancient Russia is relatively small. The role of a mediator in conflict resolution in the legal process of ancient Russia has hardly been studied. The objective of this research is to analyses the creation of the institute of mediation in Russia. The author examines the officers of the judicial system in ancient Russia which were responsible for resolving disputes using alternative methods. in order to examine this subject, the following literature was analyzed: known scientific articles on the subject of pre-court proceeding, the texts of Pskovian court documents of the 15th century and Novgorod  birchbark letters. Alternative methods of dispute resolution as institutes of self-regulation in civil society could be used in ancient Russia along with the legal remedies. Such procedures did not replace public justice and did not violate the citizens’ lawful right to legal protection. Thanks to the alternative methods of dispute resolution, the parties could settle their conflict independently on mutually acceptable terms, which strengthened their reputation and preserved their partnerships. The author identifies the persons responsible for alternative dispute resolution methods among the workers of the court system of ancient Russia.
Теория и философия права
Kodan S.V. - Conceptual Approaches of M. M. Speransky to Systematization of Russian Law pp. 61-77

DOI:
10.7256/2305-9699.2014.11.1281

Abstract: This article talks about the work of the well-known Russian legal scientist M. M. Speransky. The scientific novelty of this article is in the comprehensive analysis of the conceptual approaches used by M. M. Speransky to define the system and systematization of the Russian law. The work shows the process which formed Speransky’s views on the forms of systematization of legitimation, the stages and results of work. Speransky’s approaches to creating the Code of Laws of the Russian Empire, which are still important to solving modern problems with creating a similar document in modern Russia, are of special significance. The methodology of the analysis of Speransky’s conceptual approaches to the systematization of laws is based on modern methodology for  studying the systematic nature of law. The author defined the general conceptual approaches used by M. M. Speransky to systematize the laws of the Russian Empire. It is noted that they predetermined the key directions and forms of legitimation systematization documents, work plans; based on them, work was carried out to make the Full Collection and Code of Laws of the Russian Empire. The author believes that M. M. Speransky was the first in the Russian legal science to define the theoretical provisions related to the systematization in law. It is said that the work of M. M. Speransky for many decades ahead defined the direction of the development of the Russian law and legal science.
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