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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 03/2016
Contents of Issue № 03/2016
Human and state
Mel'nikov V.Y. - The right to the constitutional legal state ideology pp. 1-6

DOI:
10.7256/2409-7136.2016.3.18303

Abstract: The research subject is the constitutional law application in the situations of forming the state legal ideology. The paper considers the topical and important problems arising in the situations of establishing the state legal ideology in the form of the constitutional legal ideology guarding human and civil rights and freedoms. The research object covers the legally regulated social relations in the sphere of constitutional law. Special attention is paid to the absence in the legal science of a single approach to the problem of existence of the state ideology in the Russian Federation. The methodology is based on the dialectical method of cognition of social and legal phenomena and concepts in their development and interrelation. The author also applies general and specific scientific methods: historical-legal, system, comparative-legal, statistical, concrete-sociological, formal-logical, and others. In the author’s opinion, it is possible to admit the existence of a compulsory constitutional state ideology in the Russian Federation, functioning within the legal framework, not violating the rights, freedoms, and legal interests of other persons, and aimed at the satisfaction of needs of the multinational society of the Russian Federation. It can serve not only as a basis of the national idea, but also as the instrument of social groups and individuals unification for the sake of achieving the national goals. 
JUDICIAL POWER
Shigurov A.V. - The problems of implementation of the random sampling principle in the jury formation in Russian criminal proceedings pp. 7-15

DOI:
10.7256/2409-7136.2016.3.17907

Abstract: The article contains the critical analysis of the procedure of formation of a preliminary list of candidates to the jury. The author studies such its drawback s as the lack of guarantees of the random sampling principle observance and its isolation from the sides. The author develops the procedure of a preliminary list of candidates formation which should allow the sides and the superior court to control the observance of the law, whereas the current legislation doesn’t contain the guarantees of a list of candidates formation on the base of the random sampling principle. The author carries out the comparative analysis of the methods of selection of candidates and generalizes the judicial practice on the issues of formation of a preliminary list of candidates to the jury. The author substantiates the following suggestions: 1) to legislate the selection of candidates to the jury with the use of computer programs; 2) to vest the sides with the right to attend the procedure of formation of preliminary lists; 3) to record the procedure and the results of selection of candidates. 
Law and order
Khamidullin R.S. - A Plea Agreement - an Objective Truth or a Compromise? pp. 16-22

DOI:
10.7256/2409-7136.2016.3.17925

Abstract: The research subject is the set of regularities of a plea agreement between the sides of the prosecution and the defence on pre-trial stages of judicial proceedings. The research object is the range of social relations arising during crime investigation between the investigator and the suspect, and other persons making a plea agreement. Special attention is paid to the analysis of the motives of law-enforcement agencies making a plea agreement with the suspect or the accused. The author applies the set of general scientific and specific methods of cognition including the normative-logical and the system methods, synthesis, analysis, deduction, induction, and other research methods. The author attempts at answering the question whether a plea agreement provides for the establishment of the objective truth in accordance with the aim of criminal judicial proceedings, or it is a mere compromise on the part of the defence aimed at prevention of counteractions.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Ageeva A. - Tax legislation harmonization and administrative cooperation in the European Union pp. 23-34

DOI:
10.7256/2409-7136.2016.3.17960

Abstract: The research subject is the range of problems of legislation harmonization between the EU countries in the sphere of taxation. The research object includes the mechanisms of national statutory instruments harmonization and administrative cooperation between the countries on the EU level. The author considers the concept, goals, and main directions of harmonization, and some aspects of administrative cooperation as the most effective instrument of control over tax collection and fight against tax evasion and tax fraud in the EU countries. The initial methodological base comprises the set of scientific methods including the comparative-legal and linguistic methods, the method of analogy, the system, logical, and retrospective analysis, and other general scientific research methods. The author analyzes the theoretical grounds of harmonization and the institutional-legal mechanism of cooperation between the EU countries in the sphere of taxation. The author concludes about the need for a gradual and step-by-step development of integration processes in the sphere of taxation. The cooperation between the responsible national agencies improves the effectiveness of functioning of the established legal provisions. The interchange of information and legislation harmonization is a good example of a successful development of the EU which is worth studying for using in the Russian situation. 
Practical law manual
Kabanov P.A. - The Role of the Chief Federal Inspector in the Region of the Russian Federation of the Presidential Plenipotentiary Envoy Apparat in the Work of Anti-Corruption Commission in the Region of the Russian Federation pp. 35-48

DOI:
10.7256/2409-7136.2016.3.18440

Abstract: The research subject is the legal status and the activities of the Chief Federal Inspector in the Region of the Russian Federation of the Presidential Plenipotentiary Envoy Apparat in the work of Anti-Corruption Commission of the Russian Federation. The research object is the set of statutory instruments regulating the Chief Inspector’s activities. The research methodology is based on the dialectical materialism and the related general scientific methods of cognition: analysis, synthesis, comparison, and other methods. The scientific novelty of the study is explained by the fact that it is the first study in Russian legal science describing the main responsibilities of the Chief Federal Inspector in the Region of the Russian Federation of the Presidential Plenipotentiary Envoy Apparat in the work of Anti-Corruption Commission of the Russian Federation. 
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