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MAIN PAGE > Journal "Legal Studies" > Rubric "Jurisprudence"
Jurisprudence
Popova I. - The phenomenon of the legal archetype of equivalence and its reflection in the Russian folk tales pp. 1-14

DOI:
10.25136/2409-7136.2021.11.36948

Abstract: The object of this research is the ordinary legal consciousness in the Russian folk tales. The subject of this research is the phenomenon of legal archetype of equivalence in the Russian folk tales. The author analyzes the key approaches towards studying the legal archetype, and provides definition to this phenomenon. Analysis is conducted on the attributes and varieties of the legal archetype, legal aspects of social existence and ordinary legal consciousness reflected in the Russian folk tales. Special attention is given to the clear elements of manifestation of legal consciousness: knowledge, values, attitudes, and motives. The archetype of equivalence in the Russian folk tales is viewed through the prism of retribution, reward for service, help, and exchange. The conclusion is made on the existence of basic attributes of legal archetypes, such as generic nature, frequency, and universality. It is stated that the legal archetype of equivalence is reflected in the representations of personal or property retribution, reward for good conduct of actions, fair exchange of things, magic objects, and symbols. The article advances a thought that the legal archetype of equivalence is a universal archetype, which is reflected in not only the representations of justice, but also the norm and measure, wrongdoing, retribution, agreement, etc. This is why it has fundamental meaning for other legal archetypes.
Gorban V.S. - Sociological interpretation of law in the works of Rudolf von Jhering pp. 26-37

DOI:
10.7256/2409-7136.2017.4.21788

Abstract: The research subject is R. von Jhering’s theory of law, considered from the viewpoint of its sociological components. Von Jhering was one of the originators of the sociological approach in jurisprudence; at the same time, his sociological legal theory had been forming together with the establishment of sociology as a discipline. The innovation of von Jhering’s approach consisted in the shift from the study of the normative system to empirical analysis of social reality, which was considered as the source of law and at the same time, as the way of its verification. The author studies the main components of sociologism as interpreted by Jhering, particularly, such theoretical constructs as the law as “legally protected interest”; social theory, in which law is considered as the main factor of development and positive social changes; and interpretation of law as “living conditions of society”.The research methodology is based on general scientific methods (analysis, synthesis, generalization, comparison, etc.), specific methods, and general and special methods of historical-legal studies (analysis of the structure of political and legal theories, etc.). The scientific novelty consists in finding out the content, the sense, and the originality of some key components of sociological interpretation of law in von Jhering’s theory. The study is based on the analysis of a wide range of unconsidered and unstudied sources (Jhering’s personal manuscripts, correspondence, unknown works), revealing the essence of his legal ideas in the context of approaches to knowledge and interpretation of law, typical for the sociological approach in jurisprudence. 
Fat'yanov I.V. - Lawmaking experiment: a method of cognition or a method of legal regulation? pp. 42-71

DOI:
10.7256/2409-7136.2015.12.1756

Abstract: The subject of the study is the method of lawmaking experiment, considered from various viewpoints, particularly, lawmaking experiment as a method of cognition and a method of legal regulation. The author denotes the role of experiment as a scientific method. The article emphasizes the fact that the sense of lawmaking experiment lies in the combination of methods of practical and theoretical, sensual and rational; therefore, the process of experiment unites a complex system of interactions of a mixed nature. The author concludes that the experiment, possessing specific features, can be considered both as a method of cognition and as a method of legal regulation in the context of its function of settling relations on a particular territory and in a particular time period. The object of the research is social relations, emerging during experiments. The author applies general scientific and special methods of cognition, including the dialectical approach to the objective reality cognition. For revealing the essence of experiment the author uses the existing philosophical ideas about the notion “experiment” and the definitions from jurisprudence, related to the method of legal regulation, lawmaking and legal method. The author also applies general scientific methods, including analysis, synthesis, deduction and induction, generalization, abstraction, extrapolation, the systems approach and others. The author concludes that there is no universally recognized definition of the notion “lawmaking experiment method” in the modern jurisprudence. The author states that traditional theoretical and methodological approaches to the understanding of the process of lawmaking experiment as a method not always can help form the adequate theoretical models, conforming with the current state of law. Lawmaking experiment has common features with the practice; it influences the society, helps transform it; law doesn’t merely determine the content of such an experiment, it serves as its important component, a basis. The lawmaking experiment method is also an instrument of legal relations efficiency increase; its use helps choosing the most perspective variant of a lawmaking decision. The cognitive function of lawmaking experiment consists of sub-functions, including the prognostic, analytical and etiological functions. On the other hand, the orientation towards the legal regulation is not only the most important function of lawmaking experiment, but also its integral characteristic. The methods and mechanisms of lawmaking experiment don’t merely study a particular legal problem, but influence the legal institutions of the state, executing legal regulation; don’t only study legal relations, but also regulate them, thus performing the dynamics of legal relations; the orientation towards legal regulation is at the same time the most important function and an integral characteristic of lawmaking experiment. Lawmaking experiment can be considered as one of the methods of lawmaking, since lawmaking experiment should be based on the fulfillment of the following task: formation of a perfect legal model by means of influencing the subject of the study. Lawmaking experiment can also be considered as a specific element of the mechanism of legal regulation of social relations. The need for the various understandings of lawmaking experiment will help attract the attention of the subjects of the experiment, the scholars and theorists to this legal method’s impact on the Russian law. 
Asadov R.B. - Linguo-legal convergence: foreign trade discourse pp. 44-58

DOI:
10.25136/2409-7136.2020.2.31376

Abstract: The expansion of international contacts and integration policy of Russian mainstream the question of development of linguistic grounds for effective interlingual communication, thus special attention is given to the problem of building nominative field of frame-scenario of linguo-legal convergence as a type of linguocultural concept, which main purpose consists in systematization and substantiation of a set of translation strategies. Based on the analysis of the models of representation of knowledge, it would contain the results of identification of national-cultural and mental specifics of language structures. Multi-aspect examination of the problems of legal translation justifies utilization of complex methodology that includes linguo-legal, linguo-culturological and comparative analysis. The author also applies statistical, comparative-legal and comparative methods in studying the foreign practice, scientific works, business documentation, which allow formulating and introducing recommendations aimed and increasing effectiveness and optimization of activity in the indicated sphere. The conclusion is made that the frame-scenario may significantly assist in translation of contracts as a results of time-consuming and detailed work of the translators-interpreters, which would integrate the ontological properties of the meaning of text. The author determines the key trajectories of cognitive study of linguo-legal convergence in the foreign trade discourse.  
Mukhin I.V., Malykh I.V. - On the concept of legal work in a commercial organization pp. 56-65

DOI:
10.25136/2409-7136.2021.6.35804

Abstract: This article explores the problem of ambiguity of the category “legal work in a commercial organization”. A well-founded, logically accurate conceptual-categorical apparatus is important not only from a scientific perspective, for achieving the practical effectiveness of such activity as well. The authors raise the question on the absence of legislative consolidation of this category. Analysis is conducted on the existing in legal doctrine approaches towards the concept of “legal work” and “legal work in a commercial organization”. The conducted analysis of legislation and legal doctrine on the subject matter allows concluding on the need for distinguishing a narrow and broad approaches towards definition of the concept “legal work in a commercial organization”. In a narrow sense, it is offered to views this concept as a competent legal activity carried out by the expert, legal adviser, or external lawyer for ensuring effective functionality of the mechanism of legal regulation and systematic receipt of profit. In a broad sense, this concept should be viewed as an actual legal work and the activity of all structural departments, under the supervision of legal service, legal adviser or other entity, who can render a competent legal aid. The authors suggest adopting a special federal law that would regulate legal work, obligating the commercial organizations to hire competent legal experts. This would correspond to the trend of professionalization of legal aid, increase the effectiveness of protecting the rights and legitimate interests of organizations, and thus reduce legal nihilism, improve the quality of justice, optimize the burden on public authorities, and ultimately, contribute to observance of the general legal principle of legitimacy in entrepreneurial activity.
Kocheva D.V. - Prosecutor's authority in the conceptual-categorical apparatus of the theory and practice of prosecutorial activity outside the criminal law sphere pp. 58-68

DOI:
10.25136/2409-7136.2021.5.35662

Abstract: The subject of this research is the approaches existing in the theory and practice of prosecutorial activity towards determination of the concept of “prosecutor's authority” and its constituent definitions, their correlation with the scientific views of legal scholars upon the state-legal category of “authority”. Due to the fact that any science is based on the terminological framework, featuring units that differ in their semantic content, the research of the cognizable basic category that does not have a universal definition, neither in science nor effective legislation, as well as the contradicting legal phenomena of different legal nature (rights and obligations) at its part, substantiates the relevance of this research. The scientific novelty of lies in the author’s argumentation of similar, identical and opposite perspectives on the subject matter existing in the literature, effective legal regulation, personal experience of working in the prosecutor's office, justification of conclusion in the indicated category of “legal obligations”. The author comes to the conclusion there is no need for normative differentiation the rights and responsibilities of the prosecutor within the framework of his “general oversight” authority and optimality of the existing regulation, which authorizes the prosecutor to act at the own discretion (making decisions based on subjective opinion and assessment) in terms of the grounds  and means set by law, with consideration of private and public interests.
Savelyev Y.M. - On the concept of legal liability pp. 61-80

DOI:
10.7256/2409-7136.2015.10.1612

Abstract: The article is devoted to the eternal disputable question about the essence of the concept of legal liability. The article analyzes the concept of legal liability as a complex legal phenomenon in the light of the philosophy exposed in two forms – a positive and a negative. The author also touches upon the issue of a generic concept of social liability in general. The subject of the research is social liability as a basic concept and legal liability as one of the varieties of social norms. The author also emphasizes the positive form of legal liability. The main methods of research are the dialectical method of cognition and the historical method. The author also applies the method of comparative-legal analysis. Having analyzed various legal, sociological and philosophical points of view, the author comes to the conclusion about the topicality of positive legal liability and joins the definition of legal liability as a complex legal phenomenon which includes not only the retrospective aspect. In the author’s opinion, positive and negative legal liabilities are two forms of legal liability in general. 
Kuznetsov V.I., Kabytov P.P. - Theoretical approaches towards the category digital environment of trust pp. 64-74

DOI:
10.25136/2409-7136.2021.2.34268

Abstract: This article examines the concept of “digital environment of trust”. Elucidation of content of this concept is substantiated by the need to understand the task set in the National Project “Digital Economy of the Russian Federation” aimed at building the digital environment of trust from the perspective of the science of information law. Achievement of the required effectiveness of the project is virtually impossible in the conditions of ambiguity of the applied conceptual-terminological apparatus. The concepts and related terms “electronic”, “digital”, “information”, as well as their derivatives in the science of information law did not received due theoretical reflection, which resulted in their incoherent application. The goal of this work is to form an appropriate scientific representation of the content and essence of the concept of “digital environment of trust”, as well as the possibility of granting it the status of the category of information law. The author explores several methodological approaches towards elucidation of content of the concept of “digital environment of trust”. Taking into consideration the views developed in legal science regarding the content and meaning of legal categories that comprise the categorical apparatus of scientific knowledge of legal phenomena, the concept of “digital environment of trust”, in a broad sense, implies the combination of information resources in digital form; the interaction with such and (or)  their use ensure for legal subjects information security, consistency and unambiguity of the rules and conditions of such interaction, as well as guarantee due diligence and equality of the participants of information exchange. It is demonstrated that the concept of “digital environment” and its derivatives, which are associated with the initial stage of development of new technical means of information exchange and conditioned by it, reflect just the technical and technological fundamental principles of emergence of the modern information law. Therefore, the concept of “digital environment of trust” cannot be addressed as a “basic” scientific category of information law, i.e. overarching, fundamental concept that determines the future scientific research of information relations.
Badikov K.N. - Psychodermatoglyphic innovations. pp. 69-80

DOI:
10.7256/2305-9699.2013.9.9266

Abstract: Results of the study of the palm prints allowed to formulate the key diagnostic principle for the formation of a psychological portrait via psychodermatoglyphic method. Comparison and analysis of stereotaxic model of the structures of a human brain when mapping the print of the thumb show integral and integrative correlations and psychodermatoglyphic connections. The palm prints reflect not only material but also ideal information. Individualization of a person is a diagnostic process, forensic part of it is implemented within the framework of trasologic studies, which is related to discernment of characteristic features and conditions of the trace-bearer.  Currently the scope of goals of forensic studies is being widened.  The forensic diagnostics develop to meet its goals.  Psychodermatoglyphic analysis is aimed at the perception of a person with all the variety of its morpho-functional individual characteristics. Integral and integrative connections of dermatoglyphics, organs and systems may only be analyzed within the framework of an interdisciplinary study. 
Shugurov M.V. - Key directions of legal education transformation in the context of the European Higher Education Area pp. 69-106

DOI:
10.7256/2409-7136.2015.6.14835

Abstract: The subject of the research is the analysis of the influence of the European Higher Education Area principles on the modernization of content and forms of legal education in European states, including Russia. The author analyzes the documents forming the guidelines of evolution of education in the framework of the Bologna process. Special attention is also paid to the changes which in terms of globalization affect law, the legal profession, and higher legal education. Moreover, the author studies the guidelines and motives of the European higher legal education area formation which in terms of transnationalization of social relations lead to the appearance of common standards in the training of jurists aimed at their adaptation to a broadening labor market. As a methodological base the author uses the dialectics of the general and particular which is extrapolated on the sphere of legal education in the conditions of regional integration. Another methodological base is the axiological approach which allows understanding the changes in the world-view dimension of the modern legal education. The main conclusion of the study lies in the understanding of correlation between fundamental and applied aspects in the process of training of jurists. The author demonstrates the basic principles of legal education modernization formed of the principles of mobility and student-orientedness. Special contribution of the author is the conclusion that legal education is becoming the key factor of the formation of the society on the principle of rule of law. 
Agapov I.O. - On the issue of the essence of a public-private partnership (PPP) pp. 70-77

DOI:
10.7256/2409-7136.2016.2.17719

Abstract: The research subject is the institution of a public-private partnership in the Russian Federation. The author formulates its scientific and legal definitions, outlining the following criteria of a PPP: 1) a public objective; 2) a special subject composition; 3) a long-term character of relations; 4) risks allocation. On the base of a detailed analysis of these criteria the author formulates the thesis about the true essence of the Russian practice of a mutually beneficial cooperation of public and private entities. The author compares the Russian and the foreign experience of implementation of public-private projects. The author applies various scientific methods, including deduction, analysis, comparison, and the technical method. The novelty of this research lies in the clear, theoretically and empirically sufficient criticism of the current condition of the sphere of interaction of the society and the state; of the fragmented and ambiguous character of legislative provisions regulating public relations in this sphere; of the preferences granted by the authorities to the large business in contrast to the rest part of the society, which is, due to the natural reasons, unable to provide financial benefits in the nearest future, etc. 
Lipinsky D.A., Musatkina A.A. - Alternative and Non-Alternative Sanctions as Paired Legal Categories pp. 71-81

DOI:
10.25136/2409-7136.2017.12.23802

Abstract: The object of the research involves general and distinctive characteristics, interactions, quantitative and qualitative disparities, mutual transitions, unity and opposites of alternative and non-alternative sanctions, that is, those signs that allow us to assert legal categories as paired. The research starts with analysis of using paired categories in legal science and the definition of the algorithm itself for investigating alternative and non-alternative sanctions as paired legal categories. The authors determine the general features characteristic of alternative and non-alternative sanctions, analyze their differences and interactions. Special attention is paid to derivatives from alternative and non-alternative sanctions to paired legal categories. The characteristics of the contradiction and unity of alternative and non-alternative sanctions are revealed. Alternative sanction is also seen as a microsystem containing several types of legal penalties that are interrelated with a higher order system. The methodological basis of the work is the dialectical-materialistic method combined with general research methods such as system-structural analysis and synthesis, and specific research method such as formal-legal analysis. As a result of the research, conclusions were drawn about the properties of unity and opposites, mutual transitions and provision, interaction, qualitative and quantitative disparity of alternative and non-alternative sanctions as well as the existence of interrelationships with higher-level categories. Some legal and technical methods used in constructing alternative and non-alternative sanctions have been identified. The authors suggest that we should use the term 'means of legal pressure' to describe both rewarding and punitive sanctions. 
Butba S.R. - Mobilization reserve of the Republic of Abkhazia and armed forces reserve of the Republic of Abkhazia: problems of differentiation pp. 78-89

DOI:
10.25136/2409-7136.2017.7.23442

Abstract: The article considers one of the problems of legal regulation and law enforcement in the sphere of military service in the Republic of Abkhazia. The author states that at the present time, the legislation in the sphere of military service and military duty is being formed in the Republic, including the new institution of “mobilization reserve of the Republic of Abkhazia”. The author proves that this institution is in many aspects contradictory and has many gaps, which cause different problems of theoretical and practical nature. The author emphasizes one of such problems – the question of correlation between the notions of “mobilization reserve of the Republic of Abkhazia” and “armed forces reserve of the Republic of Abkhazia”. The research subject is the set of statutory acts of the Republic of Abkhazia, which regulate the procedure of military service and discharge of military duty, including the provisions connected with discharge of military duty in mobilization reserve and armed forces reserve. The author uses such general logical methods and approaches as analysis, synthesis, analogy, the system method and the structural method. The scientific novelty consists in the fact that the author is the first to analyze the legislation of the Republic of Abkhazia with the purpose to compare the notions of “mobilization reserve” and “armed forces reserve” of the Republic of Abkhazia. The author describes the reasons of their differentiation: the list of persons forming mobilization reserve and armed forces reserve; the procedure of inclusion into mobilization reserve and armed forces reserve; types of mobilization reserve and armed forces reserve, legal status of reservists and persons subject to military service, the procedure of promotion of reservists and persons subject to military service; the procedure of exclusion from mobilization reserve and armed forces reserve. 
Gavrilov V.N., Tereshchenko N.V., Koryukina A.A. - Estoppel and relinquishment of right in the Russian and foreign legal systems pp. 78-83

DOI:
10.25136/2409-7136.2020.12.34806

Abstract: This article analyzes the concepts of such legal principle as estoppel. This principle is relatively new for national legislation, and was borrowed from the countries with Anglo-Saxon legal system. The subject of this research is the correlation of rule of estoppel in the Russian and foreign law, as well as its comparison with the relinquishment of right. Its appearance and normative consolidation in the national legislation is the implementation of an important stage in the concept of development of civil legislation. The article also distinguishes between the two similar concepts of civil law: relinquishment of right and waiver. The authors raise a relevant question on the absence of uniform law enforcement practice thereof. Only few scholars within the Russian science are dealing with this topic. Based on the analysis of the aforementioned legal principles and case law, the authors come to a logical conclusion on the need for a clear delineation between the concepts of estoppel and relinquishment of right for achieving uniformity of judicial practice of the Russian Federation. The purpose the examines in the article legal institutions consists in minimization or complete elimination of negative consequences caused by inconsistent behavior of one party, as well as full protection of rights and interests of other party.
Fat'yanov I.V. - Definition, characteristic features and legal nature of experimental law-making process. pp. 79-97

DOI:
10.7256/2305-9699.2014.7.12688

Abstract: The object of studies involves experimental law-making process in Russia, its definition, characteristic features, legal nature, elements, and its main stages: preparation, holding and analyzing the results of the law-making experiment. The author pays special attention to experimental legislative process from various standpoints, providing his own definition of "experimental law-making process" in its broad and narrow meanings. The object of studies involves social relations appearing in the process of organization, holding and analyzing the results of law-making experiments. The author used general and specific scientific methods, as well as special cognition methods. The studies are based upon the dialectic approach towards cognition of the objective reality, which defines theoretical and methodological aspects of cognition of experimental law-making. In order to reveal the nature of experimental law-making process the author used the philosophical knowledge on the term "process", as well as legal definitions involving legal process. The author applied  general scientific methods, such as analysis and synthesis, deduction and induction, generalization, abstraction, extrapolation, systemic approach, hermeneutic approach, etc. For example, with the use of synthesis as a method the author established correlation between experimental law-making process and legal process, allowing to define the legal aspect of the matter. Systemic approach was involved as a basis for the studies of law-making experiments in the components of legal system of Russia, and to be more specific, in the process of describing the stages of experimental law-making process, using the law-making experiment in Kemerovo region as an example.   Among the special legal cognition methods applied in this article one should mention formal legal, structural functional methods, and the method of legal interpretation. There exist certain directions of legal process, and their specific features were not yet studied in Russia. Specifically, these involve experimental law-making process. Experimental law-making process is a complicated and comprehensive term by its nature. The question of legal nature of experimental law-making process is debatable, since the legal nature of legal process is ambiguous, and experimental law-making process is a type of legal process. Experimental law-making process is a procedural form of turning legal ideal models of law-making experiment into the real system of legal relations united by a common goal. In the broadest sense experimental law-making process is a complex and multi-aspect term characterizing the combination of all of the legal forms of activities of state bodies and other competent subjects, which is related to taking certain legally valuable actions in the sphere of law-making experiments  within a procedure defined by law. In the end, it causes legal consequence - the legal hypothesis is verified.  In its narrow sense, experimental law-making process is a generalizing term characterizing duly legally regulated procedure for experimental activities, as well as the activities of bodies (services, officials) on preparing, holding and analyzing the results of law-making experiment. The main stages of experimental law-making experiment are 1) preparation for the law-making experiment, 2) holding law-making experiment; 3) analyzing results of the law-making experiment.  
Sergeev D.B. - Methodology of constitutional legal studies (based upon an example of analysis of PhD theses on constitutional law). pp. 80-86

DOI:
10.7256/2305-9699.2014.8.12761

Abstract: Methodology of legal studies is regared by an author as a matter defining the philosophical basis for the scientific work, involving general scientific cognition methods, logical constructions, means of cognition being dominant in the relevant scientific branch, and also most widespread within specific sections of a branch of scientific knowledge, as well as theoretical methodological and doctrinal methodological aspects of scientific cognition specific for the particular scientific research  due to object and immediate object  of studies, the goals of the scientist, and the environment in which he works. The article provides comparison of the main approaches of the Russian scientists towards defining the methodology of constitutional law and contents of methodological divisions of PhD theses on speciality 12.00.02 - constitutional law, judicial constitutional process, municipal law, which were published in 2014 at the website of the State Commission for Academic Degrees and Titles under the Russian Ministry of Education. In the opinion of the author the legal scholars, and more specifically constitutional legal scholars usually do not provide in-depth analysis of methodology of their studies, instead they have to concentrate upon the analysis of the numerous legislative amendments in  the situation when the state does not pay sufficient attention to the development of legal science.
Kabanov P.A. - Public control in the sphere of fighting corruption as a scientific legal category and its contents. pp. 84-97

DOI:
10.7256/2305-9699.2014.9.13003

Abstract: The object of the studies involves public control in the sphere of fighting corruption as a scientific legal category and its contents. The goal of the studies is to develop a scientific legal category of "public control in the sphere of fighting corruption" and discussing its contents. The main purposes of the studies involve: a) search, revealing and description of the key structural elements of public control as a legal category in the Russian federal and regional legislation and by-laws; b) development of the scientific legal category of public control in the sphere of fighting corruption based upon normative legal acts and scientific literature; c) reveling contents of the public control in the sphere of fighting corruption as a legal category. The methodological basis for the studies involves dialectic materialism and the general scientific methods, which are based upon it, such as: analysis, synthesis, comparison, extrapolating, as well as  other methods applied in legal studies.  The scientific novelty of the study is due to the fact that the author offers a new legal category "public control in the sphere of fighting corruption" with regard to the recently adopted (summer of 2014) federal Russian legislation on public control, and the author reveals the contents of this category.  This category may be used in the further legal studies in the sphere of fighting corruption and studies of the phenomenon of public control.
Gulyaikhin V.N. - On the question of methodology of doctoral dissertations in legal science pp. 92-106
Abstract: This article deals with the problems of research methodology for doctoral dissertations in legal science. The author concludes that the failure of many Russian researchers to make decisions about methodological problems leads to the fact that many dissertations, instead of disclosing the method’s “secret”, have methodological propositions which are clones of juridical chimeras – speculative, conceptual constructs which do not have any value in the search for scientific truth.
Markin A.V. - Monopoly for the law and for its understanding pp. 107-125
Abstract: In article the current state and tendencies of development of some philosophical problems of the law  are studied. In particular, the article concerns degree of etatism, reification, and funding of the law, as well as the influence of the concepts proving  objective existence of the legal fundamentals, and its understanding as the instrument of suppression of freedoms of individuals, as well as the current state of the post-Soviet understanding of law and its role in formation of the state and the official doctrine. The author presupposes the need for independent, conventional, but not domineering, compulsory, unilateral, exclusive character of formation and existence of law.
Popova I. - The problem of optimal selection of methods for studying everyday legal awareness in the Russian folk tales pp. 125-142

DOI:
10.25136/2409-7136.2021.9.36082

Abstract: This article is dedicated to problem of optimal selection of methods for studying everyday legal awareness in the Russian folk tales. Attention is turned to the complexity of such choice due to intricacy of the empirical base. The article provides an overview of the study of Russian folk tales by the representatives of various sciences: philology, folklore studies, philosophy, culturology, and psychology. The author believes that the methods of analysis (criticism) of the written sources, generalization, comparison, and specific historical methods are optimal on the empirical stage of research. On the theoretical stage, these are the methods of abstraction, analysis, system-structural method, induction, deduction, sociocultural approach. Hermeneutical and phenomenological methods rather carry significant risks. The author demonstrates the advantages of “morphological analysis” of tales proposed by V. Y. Propp. The author outlines the result of studying the legal phenomena in the Russian folk tales, namely acquisition of objective, reliable and scientifically proven knowledge on the system of natural correlation between the reflection and translation of legal ideas of the early period in the Russian tales, as well as on the inverse determining links between legal ideas of the early period and their reflection in folklore. The article provides the original definition of legal archetype as an element of the collective unconscious, which represents a prototype of the ideas on justice, norm and extent, reward, freedom, property, essence of agreement and its force, power, and judgment. The conclusion is made that the plotline of the Russian folk tales reflect the process of establishment of legal awareness based on individualization of self-consciousness of a person. At the same time, the sociocultural approach towards studying the phenomenon of tales is considered central, since the described in Russian folk tales sociocultural reality is the determinant of the development of law in the objective sense.
Tokarchuk R.E. - Public danger as a general principle of criminal law and criminal responsibility pp. 126-142
Abstract: The article analyzes the influence of the general principles of criminal responsibility on the constructions used in the criminal law, the author studies the facts of inferiority of the principles provided for in the Criminal Code of the Russian Federation. The existing socially determined structures of the criminal law are contrary to the principles of criminal liability.  It is concluded that within the very matter of criminal law there is another principle that is still not provided for due to its evidence. This is the principle of public danger, being a natural general principle of criminal law and criminal liability.
Ufimtseva E.V. - Development of the ideas about the differentiation of branches of law in the Soviet and the modern Russian jurisprudence pp. 132-163

DOI:
10.7256/2409-7136.2015.4.14518

Abstract: The article is devoted to the characteristic of domestic jurists’ theoretical views about the structure of the system of law, and about the criteria for the formation of branches of law. Different variants of differentiation of branches of law proposed by the domestic lawyers during the discussions about the system of law and by the modern authors are described and analyzed in this article. Moreover, the author comments on the most common views about the introduction of new criteria of the branches formation into the theory of law. The author enumerates their advantages and disadvantages and compares them with the theoretical propositions of Russian theorists of the pre-revolutionary period of domestic jurisprudence development. The author uses the general scientific methods and approaches: the methods of analysis and synthesis, analogy, abstraction, the historical and system approaches, and the special methods of jurisprudence such as the method of comparative jurisprudence and the formal legal method. The scientific novelty of the article lies in the fact that the author proposes the classification of the criteria of the branches formation according to their theoretical value and functional purpose and suggests the elaboration of the theoretical model – a set of criteria which can help to resolve the question about the existence of an independent branch of law in the system of domestic law.
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.
Badikov K.N. - Formation and perspectives of psycho-dermal-glyphic studies. pp. 194-212

DOI:
10.7256/2305-9699.2013.8.5103

Abstract: The modern methodology of dermal glyphic studies allows to deal with the psycho-diagnostic issues.Dermal glyphic, morphologic, and nosologic correlations serve as psycho-dermal-glyphic connections. Current state and perspectives of dermal-glyphic studies serve as basis for widening the scope of its vectors and divisions. Formation of the institution of a complex judicial expertise also reflect innovative approaches towards traditional objects of dermal-glyphic expertise. Taking into account the innovative technologies, while holding dermal-glyphic expertises allow to form psychological profiles.  Forensic dermal-glyphic studies  serve a diagnostic vector in trasology and it facilitated widening of its scope by the researchers.  With the development of the methodological basis for the forensic dermal-glyphic studies there appeared psycho-dermal-glyphic studies and psychological  dermal-glyphic studies.  Novel scientific directions are oriented towards uncovering the psychological specific features of persons, who have left their traces at a crime scene.  Various objects and methodologies of the studies allow to deal with different problems.  Psychological dermal-glyphic studies are aimed to establish psychological (behavior-related) specific features of a person.  Psycho-dermal-glyphic studies allow to diagnose psychological conditions and specific features of psychologically sane and pathological personalities, in fact, allowing to control the process of formation of a psychological profile of a person, who has left palm prints at the crime scene.
Makarova T.V. - Typology of terrorism victims. pp. 213-226

DOI:
10.7256/2305-9699.2013.8.9338

Abstract: The article is devoted to the issues of typology of victims of the terrorist crimes. The author discusses contents and meaning of the typology of victims, and of terrorist crimes (terrorism). The typology of terrorism victims is based upon two elements: the degree of interaction between a criminal and a victim and the role of a victim in a crime. Depending on the degree of interaction between a criminal and a victim the author singles out direct and indirect victims.  Depending on the role in a crime the author singles out victims with neutral, co-participating, unlawful, and lawful behavior.  The article then provides characteristics for each of these types.  It separately includes typical composition of any group of accidental hostages.  The composition includes the following victims: impatient, persistent, insensible, subservient, and sympathizing. Finally, the author formulates a conclusion that typology of the victims of terrorist crimes is relative, since some terrorism victims do not fall within one category.
Kabanov P.A. - Criminal Political Victimology as an Inter-Disciplinary Criminological Theory: Definition, Subject, Structure and Future Development in Modern Russia pp. 218-232
Abstract: The author of the article describes the grounds for formation of a new inter-disciplinary criminological trend - criminological political victimology that studies victims of political crime and abuse of political power. The author describes its contents and inner structure and offers particular criminological definitions of its subject as well as the most popular trends of researches for the nearest future. 
Borisenkov A.A. - Politics: the Essense and Policies pp. 218-246

DOI:
10.7256/2305-9699.2013.2.385

Abstract: The article is devoted to politics as a special regulatory phenomenon, its essene and policies. It is noted that there is a great number of policies established at different levels of social management. Such a variety of political forms forms a typical feature of politics as a regulatory phenomenon because this diversity proves that politics are a widely spread phenomenon that is essential for social management. Special attention is paid at state policy. It is shown that state policy formed under conditions of a modern democratic state is the most complicated and developed political form. State policy allows to reveal not only the essense of politics but also peculiarities and laws of a particular political system. State policy becomes one of the leading forms of social life and, among other matters, it is quite a developed sphere of special scientific interest. As a result, the author provides an assential definition of politics as a regulatory phenomenon that is formed by the governmental decisions defining the direction of executive activity. 
Kabanov P.A. - Debating Points of Modern Russian Political Criminology pp. 240-267
Abstract: The article is devoted to the basic issues about the status of modern Russian political criminology as an independent branch of criminology. The author provides a brief review of the most major researches on this topic both in Russia and abroad. The author shares his own views on the subjet of Russian political criminology, describes disputable concentual problems and suggests how to solve these problems in the nearest future. In addition, the author establishes the main goals of Russian political criminology modern Russian criminologists should focus on. 
Kabanov P.A. - Political Crime as a Political and Criminological Term pp. 247-273

DOI:
10.7256/2305-9699.2013.2.535

Abstract: Based on the system analysis of the current national and international laws, regulations and theoretical opnions of Russian and foreign experts (lawyers, social and political analysts), the author of the article describes the main approaches to explaining the phenomenon of political crime in a modern society. The author offers the following classification of approaches to studying criminology and defining its contents: legal, instrumental, motivational (psychological), objective, judgemental and complex. Based on the author of the article, complex approach is the best one for our modern Russian political criminology. As a result of analyzing definitions of the complex approach in Russian science, the author shares his own definition of political crime as a criminological term and stresses out that this definition is not the only true one (i.e. not universal). It can be used only in political criminology researches of political crime as a negative social and legal phenomenon causing irreparable physical, material (property) or moral damage. 
Markin A.V. - Factors of a legal reflection pp. 338-374

DOI:
10.7256/2305-9699.2013.3.562

Abstract: Article is devoted to the analysis of the psychological circumstances causing negative or positive nature of legal thinking; to creative process of legal thinking which is investigated with a support on the experience of mathematical creativity described in literature. Similarity of mathematical and legal nature of thinking and creativity is emphasized; the value of esthetic ideas of justice in formation of legal rules and their understanding. Consciousness and subconsciousness interaction in creation of legal values is analyzed, their characteristic is given. The selection criterion is defined by consciousness of legal truth of the unconscious. Value of esthetic unit of the content of intelligence in intentsionalny experience of creative comprehension of legal reality is estimated. Psychological obstacles to free, objective and proportional legal thinking, their influence on formation of the professional identity of the lawyer are investigated. The characteristic of psychological obstacles is provided to creativity of legal values. It is offered to consider destructive factors of legal thinking at procedure of selection of shots for the most important spheres of law-enforcement activity.
Yarovenko V.V. - Forensic dermal glyphic studies. pp. 351-372

DOI:
10.7256/2305-9699.2013.4.587

Abstract: For a long time study of papillary patterns was performed within the dactylography framework, and it often dealt with the issues of dermal glyphic studies  From 1996 on the forensic science started to use the term "forensic dermal glyphic studies" as a new vector in forensic teachings on traces. Based upon the analysis of scientific views the author offers a definition of forensic dermal glyphic studies, he also views the perspectives of its application in order to characterize the behavior of a suspect or an accused, to describe the look of an unknown person, to establish pathological characteristics of human bodies in the process of identifying an unclaimed dead body.  It is proven that the modern dermal glyphic methods allows to deal with the issues bordering psycho-physiological studies and psychiatry, and it allows to establish a new direction in forensic and medical dermal glyphic studies "psycho-dermal-glyphic studies". The psycho-dermal-glyphic analysis is aimed at diagnostics of deviant behavior.  This information may be of much value as the basic data for the versions, as well as for the tactical planning of the communication between an investigator and a suspect. 
Yarovenko V.V., . - On the issue of psychological dermal glyphic studies. pp. 351-364

DOI:
10.7256/2305-9699.2013.6.757

Abstract: Based upon the analysis of scientific views on forensic dermal glyphic studies, and psycho-dermal-glyphic studies as its element, the authors evaluate the possibilities for studying the psychological structures of a person and further establishing the behavior motives, as well as formation of a forensic searching personality model.  Psycho-dermal-glyphic studies use the data of medical and anthropological dermal glyphic studies, psychology and psychiatry, allowing to solve the problems in the segments bordering psychophysiology and psychiatry.  The authors use the same standpoint in order to evaluate the opinion on the formation of a novel scientific direction - psychological dermal glyphic studies, which shall allow to achieve diagnostic goals in the process of investigation and exposure of crimes, to establish predisposition towards suicidal acts, addict behavior (alcoholism, drug addiction, etc.)  based on the traces of sweat and grease left by a person.  The authors show the differences between psycho-dermal-glyphic studies and psychological dermal-glyphic studies, which is the following: the methods of psycho-dermal-glyphic studies allow to establish presence of elements of papillary prints, proving genetic illnesses, while the methods of psychological dermal-glyphic studies allow to establish presence of elements characteristic of certain types of behavior.  Based upon the above-mentioned position, the authors express an opinion that psychological dermal-glyphic studies may be regarded as a novel scientific direction within forensic dermal-glyphic studies.
Borisenkov A.A. - On criteria of political activities pp. 373-397

DOI:
10.7256/2305-9699.2013.4.652

Abstract: The article concerns the definition of political activities, its criteria and characteristic features. It is shown that their definition and value for the political being are de facto substituted by definition and supposed meaning of "political behavior".  The author establishes the unseverable connection between the political activities and the political power, and in particular, the statement that use of political power is way of political activities.  The author then offers analysis and definition of the term "political participation".  Finally, eh concludes that elements and criteria of political activities are, firstly, use of political power, and, secondly, political decision-making as a goal of political activities.  At the same time "use of political power" is considered to be the main element and criterion for the political activities. The author then offers the following definition:  political activity is a type of social activity with the use of political power, which is meant for decision-making. Based upon the contents of political activities the author formulates the law of political development, which is closely related to political activities.
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