DOI: 10.7256/2454-0706.2015.11.14909

Abstract: This article presents the theoretical-legal and political-ideological outlooks upon the problem of the value components existing in the current Russian legal system. The authors reveal the interconnection and interrelation of the sphere of positivism of legal values and ideological sphere of the functionality of Russia, analyzed in the context of complex socio-political transformations of the late XX – early XXI centuries. Taking into account the special aspects of the emergence of values in the course of goal-setting human understanding of reality, the authors trace the duality in the development of the legal axiosphere as a component of the legal system, which on one hand manifests in the space-time predeterminateness of a specific value construct, while on the other – in the processes of continuity and universalization of the legal values. The article reveals the theoretical problems of the legal axiology obstructing the holistic and unambiguous cognition of the value elements of the legal system. This work substantiates the presence of the axiological components not only at the stage of the actual establishment of law, but also within the entire mechanism of legal regulation.

DOI: 10.7256/2454-0706.2015.11.42729

Abstract: This article presents the theoretical-legal and political-ideological outlooks upon the problem of the value components existing in the current Russian legal system. The authors reveal the interconnection and interrelation of the sphere of positivism of legal values and ideological sphere of the functionality of Russia, analyzed in the context of complex socio-political transformations of the late XX – early XXI centuries. Taking into account the special aspects of the emergence of values in the course of goal-setting human understanding of reality, the authors trace the duality in the development of the legal axiosphere as a component of the legal system, which on one hand manifests in the space-time predeterminateness of a specific value construct, while on the other – in the processes of continuity and universalization of the legal values. The article reveals the theoretical problems of the legal axiology obstructing the holistic and unambiguous cognition of the value elements of the legal system. This work substantiates the presence of the axiological components not only at the stage of the actual establishment of law, but also within the entire mechanism of legal regulation.

DOI: 10.7256/2409-868X.2015.4.15896

Abstract: Studying the sources of town law of Western Europe of the XI-XV centuries, the authors come to the conclusion that the town law of Western Europe during the era of High Middle Ages had a fairly progressive content during this historical period. This was explained by the specific goal of criminal legislation, driven by demand of town community – protection of the allocated to the town dwellers personal, political, and economic rights and liberties. The criminal legal town norms highlighted various categories of crimes, distinguished types of accomplices of a crime, forms of guilt, defined conditions for implementation of the institution of necessary defense, demanded adherence to the principle of guilt during trial, and consideration of mitigating circumstances. The medieval town law of Western Europe of the XI-XV centuries has abolished a number of feudal in their nature procedural institutions, and devised positions on judicial guarantees of rights of the defendant. It also codified the requirements for objectiveness of evidence, juridical ability to use the services of a representative equal to the other side of the legal dispute, right to acquittal in case of an alibi that would exclude the possibility of commission of the crime with which the defendant is being charged, due to their presence at another location.  

DOI: 10.7256/2409-868X.2015.3.15117

Abstract: This article raises a question on the character and causes of crisis phenomena within the modern legal science. The authors point out at the direct correlation between the stated phenomena with the global cultural processes, first and foremost, with the collapse of previous modern worldview paradigm and the establishment of new system of values. The article presents a brief review of the key milestones in the development of philosophy of the XIX century, which testify about the emerging revision of the main elements of New European outlook and characteristic to it worldview. In addition to that, the article analyzes a number of legal concepts created by the Russian authors in the beginning of the XX century, which are connected by the interest towards the problem of legal consciousness under the conditions of the axiological crisis. Determination of the causes of the crisis of the modern paradigm within jurisprudence is being accomplished through the analysis of the process of changes in the structures of reasoning (episteme in the terminology of the M. Foucault), within the framework of which the legal concepts attain certain meaning, and outside of which they inevitably lose their vitality. As one of the conclusions, we can note the tight interconnection of the signified cultural processes with the crisis phenomena in the area of legal consciousness during the reviewed period of time, which therefore represent one of the manifestations of the bigger crisis of the very foundations of the New European outlook.

DOI: 10.7256/2306-420X.2014.6.13686

Abstract: As subject of the real research the creative heritage of the great Russian philosopher Vladimir Sergeyevich Solovyov acts. During an era of individualism, a priority of human rights, ideologies of society of consumers, expansion of the western values with special sharpness in Russia rise problems of moral improvement of the personality, preservation of traditional moral and legal way, providing a personal freedom not through permissiveness, and through the spiritual growth and development of ability to self-restriction. Answers to all these questions given at the end of the XIX century in works of Vl. Solovyov, don't lose the relevance and to this day. Now, more than ever, the world needs Good "justification". Authors of article analyze the main ideas of the philosophical and legal concept of the final period of creativity of Vl. Solovyov. On the basis of application of methods of the comparative analysis, a hermeneutics, the contextual analysis, historical and legal and others authors come to a conclusion that the highest purpose of the right consists in serving the purposes of moral progress of society, and this idea is the cornerstone of legal philosophy of V. S. Solovyov.