Law and Politics - rubric Theory

Abstract: This article is 2nd in the cycle of articles, which are devoted to the introduction of the methodology of applied systemic analysis into the sphere of state and territorial structure. The article includes analysis of key problems of the Russian federal system, as well as possible solutions. In order to define the possible strategy of solution of problems, existing in the Russian state and territorial structure, the authors study the bases of modeling in the process of solution of the systemic problems, as well as components for governing the federal system. The practical application of the results allows to deal with choice of methods of managing the federal system.

Keywords: jurisprudence, system, law, applied systemic analysis, federation, state construction, constitution, development management, constituent subjects of the Russian Federation, result-aimed budgeting

Abstract: The article includes the study of evolutional approach to global studies at theoretic and methodological level, as well as of evolution of political processes under influence of global factors. The authors think that global studies are devoted to global processes and systems, while evolutional global studies are devoted to them as processes of global development. Global development as an evolution and coevolution of global processes and systems is a key object to evolution global studies. The authors also view key forms and directions of evolution of political processes due to globalization and other global processes. The authors then study the problem of formation of political global studies as a part to global studies, which is aimed to fi nd political patterns in global processes and systems, as well as formation of global development, which is aimed to guarantee survival of the civilization as a while and protection of environment.

Keywords: political science, globalization, global studies, global development, global management, global processes, global evolution, political global studies, stable development, evolution global studies

Abstract: Legislative (representative) and executive goverment bodies, both federal and those of the constituent subjects of the Russian Federation have the rigths of juridical persons and have offi cial seals. Having such a status, such bodies have certain rights to property, they are formed in order to implement particular functions, and have certain powers. All of these qualities form prerequisites for the succession.

Keywords: jurisprudence, legislative (representative) bodies, executive bodies, separation of powers, succession, property, functions, transfer of powers, federal law, Russian legislation.

Abstract: In this article the author analyzes constitutional legal regulation of equality of peoples of Dagestan, shows the development of national relations in Dagestan, as well as key principles of national equality in the Republic of Dagestan. The author also analyzes the key problems of regulation and protection of the rights of national minorities in Dagestan, offers ideas for improvement of the situation for the peoples of Dagestan.

Keywords: jurisprudence, Constitution, minority, nation, equality, Dagestan, regulation, national, problems, person.

Abstract: A state as a political institution in some conditions may limit or stall development of the society, which is due to the nature of the state itself, lack of direct motivation to satisfy the needs of the people among its offi cers, as well as to greed for power. In the absence of effi cient means of control, the state is dangerous to the society and it causes a number of problems: limitations to freedom and competition in various spheres in the society, growth of bureaucracy, low effi ciency, incorrect domestic and international policy.

Keywords: jurisprudence, monopolism, centralization, competition, widening, interests, state, power, limitation.

Abstract: This article is devoted to the relations between the state and NGOs with much attention paid to the role of NGOs, which form an essential part of a jural state, being a link between the state and individuals.

Keywords: jurisprudence, law, NGO, interaction with the state, human rights defenders, state, expertise of legislation, protection of human rights, discussion of a law, civil society, control

Abstract: The study is developed to the critical analysis of the existing methods of limitations of the arbitrary actions of the state. The author discusses the set of ways, which allow to lower the level of corruption in state and power relations. The author also studies idealistic paradigm of efficient influence of the civil society onto the state in order to make it act in the interests of the people of the state

Keywords: jurisprudence, state power, mechanism of influence, limitations of power, monitoring of state power, elections, separation of powers, legal limitations, institution of recall

Abstract: Ontologic dualism of law, as formally exhibited in the traditional division of law into natural and positive law is one of the sources of fundamental contradictions in legal socialization of human beings. There’s a dialectic contradiction between these two types of law, and it casts a genetic influence on the processes of legal socializations, during which the subject not only learns the norms of lawful behavior, but also accepts the values of natural law at the spiritual and moral level. And it’s only when a human being understands that positive law is a historically based implementation of the moral requirements of natural law, he shall follow these requirements unconditionally

Keywords: jurisprudence, law, natural, positive, socialization, legal conscience, dialectic, individual, value, morals

Abstract: The article is devoted to the issues of criteria of scientific character o f studies of law. The author evaluates the truthfulness of results of analysis of legal phenomena from the points of view of postmodern, phenomenology, hermeneutics, synergy. The author establishes the issue of hierarchy of patterns, which, from the author’s point of view might allow to view a new aspect in understanding of law, widen the horizons of our understanding of law. Keywords: jurisprudence, law, scienctific character, post-modern, phenomenology, hermeneutics, synergy, patterns, hierarchy, natures

Abstract: The problem of resolution of disputes on joined responsibility for the harm, which is caused in relations including the source of increased danger, is rather topical. There’s no legislative definition of such source, and there are disputes in the civil law doctrine (“source-activity”, “source-object”, “theory of moving objects”), and the judicial practice is varied. The author provides analysis of opinions of renowned civil lawyers, analyzes judicial practice, hoping for more scrupulous analysis of the topical issues. Keywords: jurisprudence, joined responsibility, offence, source, harm, danger, principle, guilt, practice, spouses

Abstract: This article is devoted to goals of mythology of reception of the Western law in Russia. The author pays much attention to the myth of goodness of private property, provides its critical evaluation in regard to the Russian reality. Keywords: jurisprudence, law, politics, institution, private property, reception, ideology, myth, idealization, reception

Abstract: Article includes analysis of relations between an object and objective element, subject and subjective element as component elements of an offence. Author establishes various types of dependency, gives advise on improvement of existing legislation. Keywords: jurisprudence, offence, component elements, object, subject, objective elements, subjective elements, relations, elements, signs

Abstract: This article includes analysis of theoretical problems of components of legal offence. The author compared the definitions in the theory of state and law and in the civil law, establishes the general legal character of the term “components of legal offence”. Keywords: jurisprudence, offence, components, object, objective element, subject, subjective element, motive, goal, victim

Abstract: In this article the author evaluates the problems of state sovereignty in the federal state. As he points out, there’s need to define the volume and spread of power between the federal center and the subjects of the Russian Federation. The author also brings his offers on improvement of the existing situation. Keywords: jurisprudence, sovereignty, state, constitution, federation, constitutional structure, development, formation, perspectives, relations

Abstract: This article is devoted to the problems of mythology of legal reception. In particular, the author discusses the myth of absence of reception of Western law in the modern Russian legal reforms. The author also analyzes goals and aims of such myth-forging. Keywords: jurisprudence, law, politics, mythology, ignoring, copying, reception, blind, mechanical, reception.

Abstract: The peaceful settlement may be used as a mean of protection in the spheres of procedural and material law alike. The article includes analysis on differences and similarities of procedural and material peaceful settlement, as well as the differences between the peaceful settlement as an institution of introducing changes into the relations, as compared to other civil law means – additional agreement. The author establishes the place and role of the institution of peaceful settlement in the civil legislation of the Russian Federation. Keywords: jurisprudence, deal, court, agreement, risk, argument, lack of clarity, contract, regulation

Abstract: The article is devoted to the measures of legal responsibility from the position of establishing positive and negative aspects of legal responsibility. The author establishes the definition of measures of positive and negative legal responsibility, as well as the general definition of measures of legal responsibility. Keywords: jurisprudence, responsibility, measures, influence, benefit, sanction, sanction — punishment, stimuli, exemption, positive legal responsibility

Abstract: This article is devoted to the analysis of the problem of optimal legal regulation of lobbying. The author views the functional role of lobbying in the modern societies, and its place in democratic processes of formation of the state policy. The author then comes to a conclusion that the theory of political pluralism is the best conceptual basis for the efficient legal regulation of lobbying. At the end of the article, the author notes the need for a new law on lobbying at the federal state bodies of the Russian Federation based on the principles of pluralism. Keywords: political science, lobbying, interests, groups, influence, pluralism, democracy, politics, regulation, state

Abstract: Material law, which is implemented within the framework of a process of a certain type, influences the latter. This influence has to do with the spread of rights and obligations of parties and the court, that is, it influences the very type of process. Permissive character of the private law process, and the inquisitive character of public law process take their root in the material law. Keywords: material law — private law, private law process, public law process, permissive — inquisitive, subjective law — objective law, private law- public law, criminal process, civil law, arbitration process, constitutional process, administrative law

Abstract: The article is devoted to the topical problems of the theory of lawful law within the framework of theory of sources of law, and theory of legal understanding. The author points out the key ways of development of modern legal understanding of category “law”. Keywords: jurisprudence, law, form, source, contents, correlation, theory, legality

Abstract: The article includes formulation of social naturalism as a methodological principle for legal globalism. The author’s hypothesis is that this principle may serve as an instrument for solving globalization problems, which the author brings up in the scientific discussion. Keywords: jurisprudence, naturalism, principle, globalims, crisis, methodology, illusions, own will, comparison, pseudo-law

Abstract: The article includes analysis of defects of theory of crime as a traditional approach of the criminal law to property. The study establishes the need for understanding property through the category of “legal value”, which allows one to view legal right as a key value in need for criminal law protection. Keywords: jurisprudence, property, legal value, legal values, property rights, property, object of crime, subject of crime, person, things

Abstract: This article is devoted to analysis of the issue of type of state and law within the context of theoretical and methodological criteria of legal science, based on typology of state and legal phenomena. The author reviews various criteria for the typologies of state and law, both traditional and non-traditional ones, with their use the author characterizes factors of development of states and legal systems. The author also formulates the ideas for the concept of further development of state and law. Keywords: jurisprudence, law, state, typology, criteria, type, civilization, information, formation, integrative

Abstract: The article is devoted to the correlation of criminal science with criminal law and criminal procedural law as sciences. Keywords: jurisprudence, law, criminal science, process, subject, method, branch, object, mutual inclusion, differentiation

Abstract: This article is devoted to the theoretical problem of co-partnership in crime. The threat of co-partners is that by supporting commission of crime, or aiding the criminal in hiding the signs of crime, they form necessary conditions for commission of crimes, neutralize the activities of the law-enforcement bodies. It is necessary to qualify their activities correctly, since mistakes lead to severe punishment of persons, who are not co-partners of crime. The author establishes that considering the lesser social threat, the legislator limited the forms of co-partnership in crime to those mentioned in the Criminal Code of the Russian Federation. The value of co-partnership is that it encroaches upon the interests of justice in the broad sense as the main object, however this is true for some, but not all such crimes, where it may be facultative. Keywords: jurisprudence, crime, legislation, justice, responsibility, corruption, Criminal Code, harm, fight, co-partnership

Abstract: The article includes analysis of a popular problem of conflict between structure and functions of legislation, as well as of dysfunctional events. Through the prism of expediency the authors attempt to formulate the directions for the improvement of legislation, making legal regulation more efficient, based upon the theory of state and law. Keywords: jurisprudence, law, legislation, expediency, legality, function, structure, norm-creating, state, principles

Abstract: The author views “agreement” as a theoretician, which allows him to study this phenomenon of law, from the standpoints of international and national law. Based upon various types of agreements, he views agreement as a norm, that is a necessary part of any and every legal order. In particular, he studies the procedure of concluding agreements, their law-evaluation function, the relationship of agreement (convention), the subjects, who are bound by the convention norm, and the cessation of agreement, the sphere of material validity of agreements, conflicts between norms of agreements, etc. Keywords: agreement, contract, procedure of concluding agreement, convention norm, convention relation, the subject of convention agreement, conflict of norms of agreement, validity of agreement, types of agreement

Abstract: As the author points out, the state legal reality, which is described using the legal construction of “legitimacy of law”, as well as the related terms, is rather contradictory and complicated. The demon of contradiction is present in the very term, since if law (rule) may be voluntarily accepted, then it may as well be denied. That is why, the process of establishing the right (law) coexists with its denial. Keywords: legitimacy, right, law, denial, state, rule, existence, process

Abstract: Every particular historical period has its own theoretical approaches, which predefine formation of the phenomenon of municipal self-government as well as legislative novelties in this sphere. The main goal of all of the theories of local self-government is to define the right balance between local and central state power. This article by N.V. Khanov is devoted to the study of key theories, their strong points and shortcomings.

Abstract: As the author of this article points out, the key direction of social inclusion and development of business should be the destruction of the possibilities of the government authorities to create “floating resources”. It would also mean the evolution from the political construction of market by the government to the self-regulated market …

Abstract: Currently, having taken into account the specific features of the new Russian history and the contradictions of political and legal processes in the post – Soviet territory, one can clearly see that the institution of federalism is underdeveloped. This is partly due to the fact that the improvement of federal relations, as well as formation of relevant legislation, which could be adequate to goals of the modern society are just incomplete…

Abstract: The category of legal activity is a constituent part of the theory of legally relevant act. However, it is not as simple as it may seem. As the author of this article points out, in the theory of law there is still no unified approach to the issue of the nature of the legal activity, while the first attempts of its complex study were taken in 1970s – 1980s.

Abstract: Federalism is now regarded as a mechanism for ensuring the ethnic and national development and fighting possible problems. The federalism seems to be seen as means to achieve harmony among various cultures. Should federalism be regarded as means or as a goal in itself?

Abstract: As the author of this article points out, the Criminal Code of the Russian Federation lacks the definition of corpus delicti, and there is no unified approach to it among the legal scholars. This article by E.V.Epiphanova is devoted to the analysis of these topical issues.

Abstract: On October 2007 there have been Phylosophical and Legal Readings named after the late Academician Nersessyants…

Abstract: Of all of Hegel’s works there is only one, which touches upon the correlation of morals and politics. In this article the author analyzes the historical context, Hegel’s position and its topicality within the modern science.

Abstract: As the author of this article points out, the meanings of the terms of “federalism”, “self-government” and “autonomy” seem rather blurred. They closely correspond, however, they are not the same term, and they do have their own independent meaning. This is especially relevant when characterizing the autonomous entities and their constitutional legal status as compared to the status of the constituent subject of the federation.

Abstract: As the author of this article pointes out, the topicality of discussion of the nature of the normative legal act is partly due to development of the legislative draft of the Federal Law “On the Normative Legal Acts in the Russian Federation”. Since this draft is meant to express the official position of the legislator on many important issues, there’s need to pay more attention to theoretical and practical issues within the sphere beforehand…

Abstract: Today, when the study of public and private law is no longer connected with any dogmatic ideological attitudes, the problem of the structure of public law is extremely rarely considered in theory as an independent one. It can be said that it has become a generally accepted scientific practice to determine the structure of public law through the enumeration of its branches. The article by V.V. Bolgova discusses the actual problems of the structure of public law.

Abstract: The article presents a report by G. Lube-Wolf on the relevance of Hegel's philosophy in the modern world. Hegel realized better than others that thoughts, as well as institutions, can originate and develop at any time and under any circumstances. This is a very relevant remark. The time has already come to recognize Hegel as the founder of the institutional order of thinking, which we have heard about before and which can still be learned.

Abstract: S.G. Olkov's article is devoted to reviewing the key elements of legal responsibility with specific attention being paid to the issue of "freedom of will" as an element of legal responsibility. Having based his position on objectivity and regularity of human behavior, the author of the article analyzes the goals of punishment and encouragement, specific features of multi-dimensional evaluation issues as related to legal responsibility, provides statistical and other data on this issue.

Abstract: Most of the legal scholars and advocates recognize the need for the in-depth evaluation of the theory and practice of professional criminal defense. This is the opinion not only of 94,4% of the lawyers, but also of more than 60 % of judges (authors' poll). This article contains analysis of role and place of this problem, which, as the authors state, should be recognized as so-called "criminal advocatology" within the science of criminalistics.

Abstract: Legal responsibility is a guarantee and an important part of person’s legal status, and it is aimed to create opportunities for use of rights and freedoms, performance of obligations. Of course, study of the legal responsibility presupposes references to both negative and positive legal responsibility, both of which are relatively well-studied in theory. This article, however, is devoted to analysis of the problem of statutory (integral) responsibility as a basis for both positive and negative legal responsibility.

Abstract: Criminal law is a source of power. It demands great social spendings, and it is capable of both accelerating and delaying social development. In this article Professor A.E. Zhalinsky provides his analysis of criminal-legal paradigms, seen as part of a more general problem, which, in turn, is related to the nature and changing role of criminal law as an instrument of social regulation.

Abstract: This article is the first one in the cycle of articles, devoted to the introduction of methodology of applied system analysis in the sphere of state and territorial structure. It includes analysis of the systemic view of the characteristic features of the federation, the author in much detail analyzes static, dynamic and synthetic characteristics of federal systems, as well as the problem of goal-setting in the federal state as a complicated social system. These conclusions are made based on comparative analysis of Russian and foreign federal construction. The authors suppose that practical application of the results would allow to effi ciently manage development of the federal system.

Keywords: jurisprudence, law, system, system analysis, federation, state construction, Constitution, development management, subjects of the Russian Federation, federal districts

Abstract: As the authors of this article point out, law of evidence is a sub-branch of criminal procedural law, as provided for in Chapters 10 and 11 of the Criminal procedural code. Law of evidence is at the core of the criminal procedural activities, it provides for the formation of cumulative evidence in any criminal case. At the same time law of evidence is a part of criminal procedural law, so technically it can be singled out …

Abstract: Creation of legal constructions is aimed at finding the best way to reflect complicated legal reality in legal norms. Any legal construction should clearly and completely set upon those legal norms, which it is based on. Author of this article studies positions of leading legal scholars, such as A.F. Cherdantsev, S.S. Alekseeva, A.A. Ushakova, on the nature of legal constructions. The article also contains a review on nature and value of legal constructions within criminal law.

Abstract: In author’s opinion, a concession agreement should not be viewed just as a typical civil contract, since such a view does not allow to recognize specific features of concession agreement in the sphere of use of subsurface of the earth, namely, the nature of subsurface as the subject of such contracts. In K.I. Naletov’s article one can find analysis of similar and different features of commercial concession and concession with a public legal element. The author also studies specific features of a concession contract in the sphere of use of subsurface, modern state of legislation and international practice on this issue, analyzes the possibility of recognizing a concession agreement as an administrative contract.

Abstract: A.V. Ignatov’s article is devoted to the nature of federal invention as an element of a balanced system of organization of a federal state, specifically, in the Russian Federation. Author studies key problems related to the issue, positions of legal scholars, compares institutions of federal intervention and of state of emergency, of constitutional responsibility of the subjects of the Russian Federation. This article also contains the definition of federal intervention, its key principles, list of measures of federal intervention applicable in Russia.

Abstract: Due to administrative reform, which takes place in modern Russia, there is a lot of discussion going on, which is devoted to the issue of adequacy of the executive branch of government towards the civil society in Russia. N. M. Dobrynin's article provides us with some analysis of this issue as well as with some conceptual approaches to the evaluation of the mechanism of social and parliamentary control over public government.

Abstract: Referendum holds a special place within the system of democracy, which, in turn, calls for special criteria related to its procedure. These criteria should on one hand, allow the people to resolve the most relevant issues, both locally and federally, and on the other hand, exclude the possibility of abuse and misuse of referendum aimed to bring instability into the political and social situation. M.M. Kuryachaya's article contains analysis of nature and legislative characteristics of referendum, some perspective spheres of its development, which should be included into legislation to guarantee the people's rights.

Abstract: To keep the system of legal regulation steady it is necessary to constantly bring order into vast masses of laws and other normative legal acts to avoid repetition, collisions, to terminate invalid provisions, and to achieve unification of legal standards. And codification has always been one of the most efficient means to achieve these goals. D.V. Chukhvichev’s article contains analysis of key types and principles of codification, as well as study of the Russian legal practice on the issue.

Abstract: Correlation of bio-social types and of social norms, or in other words, of social powers and demands, can truly be seen as the key issue to great many conflicts, strives and even revolutions, which makes the study of this topic so controversial. S.G. Olkov’s article contains physical-mathematical, bio-social, economical-sociological and legal framework, within which equality within various social types may vary as well…

Abstract: This issue of the journal presents Part 1 of the article by a classical Western legal Scholar Gans Kelsen. This article is devoted to the problems of judicial guarantees of Constitution, usually referred to as constitutional justice. From a theoretical point of view, this guarantee was studied in the “General Theory of Law” (Allgemeine Staatslehre, Berlin, 1925). However, from a practical point of view, there is a number of issues related to the best ways to implement it. The author of this article posses a valuable experience of being a Judge of the High Constitutional Court of Austria for several years. The Constitution of Austria, created based on author’s project upon request of the Austrian Government, provides for constitutional justice, which is not provided for by other constitutions…

Abstract: As the author of this article points out, criminology and sociology are, unfortunately, unable to provide the society with due information on crime and related processes. One of the possible solutions to this problem is development of the social discurs on criminality and use of its results. This article by A.E. Zhalinsky includes characteristics of the problem of criminological discurs, its topicality, positions of the addressees of the discurs. The author also studies the role of criminological discurs within the system of understanding crime, its structure, current states, comes to certain conclusions…

Abstract: This issue of the journal presents Part 2 of the article by a classical Western legal Scholar Gans Kelsen. This article is devoted to the problems of judicial guarantees of Constitution, usually referred to as constitutional justice. From a theoretical point of view, this guarantee was studied in the “General Theory of Law” (Allgemeine Staatslehre, Berlin, 1925). However, from a practical point of view, there is a number of issues related to the best ways to implement it. The author of this article posses a valuable experience of being a Judge of the High Constitutional Court of Austria for several years. The Constitution of Austria, created based on author’s project upon request of the Austrian Government, provides for constitutional justice, which is not provided for by other constitutions…

Abstract: This article by M.N. Basiev is devoted to the study of various concepts fo constitutional violations, as well as to their elements. The author studies the positions of renowned legal scholars, practice of the Constitutional Court of the Russian Federation, practice of the foreign states (such as Czhech Republic). The author’s studies show the ambiguity of views on the issue of construction of the above-mentionec concept. It is also noted that application of various forced measures to the participants of the constitional legal relation is often based on a variety of political and legal moments.

Abstract: In the opinion of the author of this article, keen attention to the category of “statehood” is due to the general dissatisfaction of scholars with the state of development of “statehood” as a scientific category, scientific and reference literature uses it in great many meanings. As the analysis shows, the encyclopedical interpretation seems to be closer to the true meaning of statehood, than academical intepretation.

Abstract: As the author of this article points out, while talking about the state, we should understand what it is, and from this standpoint we should approach the issue of its nature and the difference between its true nature and our ideas of it. It is undoubted that the basis of the jural state and its society is only law.

Abstract: The procedural responsibility have always been and is an object for much scientific study, and the variety of its scientific concepts is rather vast. This article by E.V. Chuklova includes analysis and critical evaluation of its concepts.

Abstract: One M.M. Agarkov noted, that the problem of distinction between public and private law is an issue which was quite lucky in quality and quantity of writings devoted to it, but not so lucky with finding a generally accepted answer. This article by V.V. Bolgova includes a comparative analysis of different approaches to the issue of distinction between private and public law.

Abstract: It seems that the number of uncovered persons, who committed crimes should depend on a number of registered crimes, and a number of those found guilty of committed crimes should be dependent on the number of uncovered persons. This article of S.G.Olkov is devoted to application of the above-mentioned theses. He is also interested in more-or-less clear quantity data, which would allow to predict one variable based on the others, and in the statistical check.

Abstract: As the author points out, the lack of general definition of the body of the juridical persons leads to many unclarities in various spheres of law (both in public and private law), legal acts, and legal practice. This article is devoted to this topical problem.

Abstract: Development of classification of types of terrorism, their distinction, taking into account the key directions of subjects and objects of encroachment, is necessary for effective international and national prevention. As the author of this article points out, considering that the issue of classification of the types of modern terrorism is topical, the political and legal analysis seems important.

Abstract: The teaching on the corpus delicti in the People's Republic of China were taken from the Soviet criminal law doctrine, that is why many of the concepts of corpus delicti are similar in Russia and China. However, in late years the legislation of Russia and China alike were the subjects to much amendment, so there are differences as well. The study of such differences allows to mutually improve the teachings on corpus delicti in both states.

Abstract: Political modelling presupposes the studies aimed to explain political, legal and social events and processes. Forecasting of state policy calls for the unified approach to the term “model”, and analyzing political and legal reality of federalizations of different states, the scientists came to a conclusion that there exist various models of federalism. What is the correlation between the model of federalism and the political construction?

Abstract: Legal self-protection as a type of protection of right includes various types. .That is why it is so important to single out such types, which is what the author of this article does.

Abstract: The spread of terrorism is a symptom of tension between the subjects of world policy, when terrorism becomes an organized movement with political goals and aims, as a type of social violence and an accepted political practice. As such, terrorism closely correlates to war, that is why, as the author of this article points out, correlation of modern terrorism and war is so topical…

Abstract: There are several formal and material criteria for defining the judicial act. Doctrine presents each of them as sufficient for such definition. However, there is an opinion that every one of them as such is not sufficient. Definition of the judicial act may be achieved by combining several criteria. Author presents the combination of criteria, which are regarded as sufficient, he provides scientific study of analysis of such criteria in the light of their scientific grounds, some criteria are criticized, some get new modernized contents

Keywords: jurisprudence, theory, judicial power body, function of judicial power, act, definition, formal criteria, material criteria, combination, hierarchy of criteria

Abstract: The article is devoted to the achievements of the theory of criminal law in the sphere of cognition of owner’s rights. The author points out the fact of input of this sphere into the theory of rights of ownership, use, and disposition of property. The study shows, and the practice of Constitutional and Supreme Court of the Russian Federation proves that criminal law does not use elements of the triad, and separate elements — rights of ownership, use, and disposition do not need criminal legal protection as such

Keywords: jurisprudence, legal rights of owner, right of ownership, triad, ownership, use, disposition, criminal law, physics of rights to property, property

Abstract: Modern legal literature almost unilaterally recognizes bases for separation of subjective civil rights and civil legal relations into absolute and relative on one hand, and property and obligation — based on other hand. There are doubts related to the mixed group of property-and-obligations relations. This article provides critical approach to the existing classifications of civil rights and legal relations

Keywords: jurisprudence, classification, right, legal relations, civil, absolute, relative, property, obligation, ownership

Abstract: This article includes problems of correlation of application of law and realization of law, as well as legal regulation. The author comes to a conclusion that application of law is not a form of realization of law, but a separate legal process. This article also includes analysis of situations in the process of application of law, its typology

Keywords: jurisprudence, application of law, realization, right, theory, type, stage, process, situation, element

Abstract: This article includes analysis of evolution of understanding of nature of law and legal practice both within the historic and philosophic and legal frameworks. The author touches upon the issue of criteria of types of legal understanding, attempts to bring views of legal scholars on the nature of law into some system, offers a new approach of understanding law through the prism of unity of natural and positive law.

Keywords: jurisprudence, historical aspect, criteria of understanding law, classification of views, duality of approaches, several stages, patterns, human nature, normativism and naturalism, natures of law

Abstract: This article is devoted to the theoretical bases of jurisprudence in sphere of state studies. Within this sphere the state is a sphere of theoretical legal studies and sphere of practical professional legal qualification. The contents of state studies are ensuring balance between individual abilities of a person within the state sphere, and state support of his expectations due to these circumstances. The article also includes analysis of key problems of the modern state, which may be posed, studied and solved from the standpoint of state studies as an independent direction in jurisprudence.

Keywords: jurisprudence, power, guarantees, state studies, interests, responsibility, support, law, legal studies

Abstract: The article is devoted to various aspects of correlation of post-modernism and law. The influence of the latter on the legal system reflects the vector of views on the world in the society. The law becomes not just an isolated phenomenon, but rather as an intellectual system, which reflects the topical social and cultural search, values and meanings The contradictions of post-modernism find their reflection in the understanding of law as well.

Keywords: jurisprudence, law, post-modernism, entropy, legal understanding, application of law, culture, ontology, paradigmatic, theoretizing

Abstract: This article is devoted to the problems, which are related to the institution of implementation of contract agreements, the author analyzes its legal nature and its place within the system of other institutions of civil law. Much attention is paid to separation of the activities, which are aimed to perform an obligations, from the institution of deals, and the author also views a number of problems, which arise in legal practice.

Keywords: jurisprudence, obligation, implementation, legal nature, voidance, act of transfer, bankruptcy, will, legal direction of actions, deal

Abstract: The article is devoted to the key tendencies of development of the term “subjective right” in modern legal studies. The author provides critical evaluation of the normative understanding of subjective right. Author emphasizes the need for understanding of this category as valuable and independent.

Keywords: jurisprudence, subjective, legal understanding, modern, jurisprudence, freedom, dispositive, objective, choice, measures

Abstract: The article is devoted to topical issues of modern theory of land law, related to the modern theory of land law, related to the scientific definitions in land law apparatus, as well as those related to the object of land relations and types of categories of land, correlation of norms of land and civil law. The authors establish a conclusion on the need for development of the new scientific doctrine of land law at the current stage of the land reform.

Keywords: jurisprudence, plot of land, natural object, natural resource, immovable property, land law, legal land problem, experience of land legislation, soil

Abstract: The topical problem of the reasonable balance in the relations between the nature and society is a true challenge of the modern time. The environment is a natural basis for the life and activities of the society, and the society “humanizes” the nature in the process of material production. The co-dependence of the nature and society gives rise to the objective relations on rational use of natural resources, which, in turn, calls for cognition of objective patterns of their relations in the process of human activities, including legal regulation of relations, which arise due to natural and social events.

Keywords: jurisprudence, nature, society, state, events, self-development, pattern, law, politics, regulation

Abstract: Entering the new century, the world also enters the new historical era — the era of globalization. Globalization of the criminal law is a part of the general globalization, and it’s an objective reality, a tendency, which yet grows. The reform of the criminal law should reflect the changes and ideas of the new time: global integration, formation of the ideal united global community, the need to use new complex approaches to factual analysis. The greatest goal of implementation of the criminal law at the age of globalization is to ensure human rights both at the national and at the international level.

Keywords: jurisprudence, criminal law, globalization, rethinking, reform, theory, human rights, cooperation, development, terrorism

Abstract: The principle of adversary proceedings is key to the organization and technical principles of the procedural law. Unlike other principles, it corresponds with the very nature of the procedural relation, which includes opposite material legal interests, or a dispute. Nevertheless, today adversary character is not recognized as a form of opposition of two parties in the process, but rather as a full-scaled communicative process or a dialogue between the parties and the court. Universality of this principle is due to the fact that the adversary character includes all, or at least, most key participants of the process, which brings the author to the conclusion that the adversary principle should not be limited only to the parties.

Keywords: jurisprudence, adversary principle, right to legal counsel, civil judicial process, administrative judicial process, dispute, parties, court, specialized process, claim process, judgment by default

Abstract: Based on the analysis of the ideas of the well-known tragedy “Antigone” the author of this article analyzes the views of the representatives of the Russian natural legal thought on one the “eternal” issues of the philosophy of law — correlation of law and right, law and the law.

Keywords: jurisprudence, Antique times, tragedy, law, natural, positive, correlation, law, violation of law, law and order

Abstract: The article is devoted to the basic provisions for the problem of changing the existing system of knowledge of criminal policy into the criminal political science based on theoretical and instrumental approach. The author also studies criminal policy as an object of criminal political science and related sciences, object and system of criminal political science, place of criminal political science within the framework of legal and social sciences.

Keywords: jurisprudence, political science, crime, criminal law, criminal policy, decriminalization, criminal legal prohibition, power, conflict, criminal science

Abstract: The article is devoted to the analysis of theoretical bases for the American doctrine of good faith use. The author views the leading concepts of good faith use, such as “market mistake theory” and “theory of balance of interests”. The author then comes to the conclusion on disputable character and limited application of these theories, illustrates a number of alternate theories.

Keywords: jurisprudence, copyright, good faith use, market mistake, transaction costs, balance approach, tragedy of communities, free use, intellectual property rights, USA

Abstract: The article is devoted to several aspects of the conceptualization of “philosophy of the state” in its relation to the law. At the same the philosophy of the state is understood not only as a world view, but also as a system of values and meanings. It allows individual, society, and the state to hope to achieve possible harmony.

Keywords: jurisprudence, law, philosophy, state, statehood, legal cognition, world view, postmodernism, individual society

Abstract: This article is the third in the group of articles, which are devoted to the implementation of the methodology of applied systemic analysis into the sphere of state and territorial structure. The article includes classifi cation of types of government of the development of federal system, among which there are program management, managing a complicated system, regulation, structure management, goal management, management of large systems, management without the information of fi nal goal. The authors provide detailed study of nature and peculiarities of those types of development management, as well as of problems of their practical implementation. At the same time the article starts the evaluation of the algorithm of solution for systemic problems of federalism. The results of it may be used in practical activities dealing with development management for the federal system of Russia.

Keywords: jurisprudence, applied systemic analysis, federation, state construction, development management, constituent subjects of the Russian Federation, delegation of powers, federal goal-oriented programs, classifi cation of types, algorithm of solution.

Abstract: The article is devoted to the problem of political obligation, that is to the issue of presence or absence of obligation of a person to obey legal prescriptions of the state. The author points to the reasons, for which a political obligation should be regarded as a fundamental category of jurisprudence, as well as for which theory of political obligation should be subjected to detailed study. The article also includes analysis of connections between political obligations and legitimacy of state power.

Keywords: Yurisprudentsiya, Suverenitet, Soprotivlenie, Konstitutsiya, Nasilie, Monopoliya, Gosudarstvo

DOI: 10.7256/2454-0706.2017.2.20318

Abstract: This article examines the problematic of experimental legislation and its importance in the context of specific examples of the use of the model of experimental law for establishment of the legal policy in the conditions of insufficient knowledge about the resolvable socioeconomic and other problems and challenges that. The author analyzed the existing key approaches and research assessments in understanding of the role and importance of experimental legislation in comparison with the examples in foreign legal literature and legislative practice. The subject of the study contains the doctrinal positions of Russian and foreign (Western European) legal literature pertaining to the assessment of the role and importance of experimental law, as well as the normative texts as separately taken examples of implementation of the model of experimental law. The scientific novelty consists in theoretical generalizations of the main academic approaches in Russian legal literature alongside the selected examples of foreign legal literature in pursuing correlation with the relevant original foreign legislative acts. The work suggests an original definition of the experimental legislation as a necessary tool and resource for improving the modern legal policy that is applied under the conditions of insufficiency of scientific knowledge about the existing issues and challenges; as well as the mechanisms and methods of their overcoming, which in terms of minimization of the risks and use of inefficient methods, allow acquiring the sufficient data for elimination of the corresponding legal gaps.

Keywords: Legal means, Permanent legislation, Minimization of risks, Insufficient scientific data, Legislative technique, Legal policy, Target function, Experimental legislation, Legal experiment, Law

DOI: 10.7256/2454-0706.2018.1.25321

Abstract: This article examines the phenomenon of legal life of the individual and society. Determination is made on the role of legal life in development of public relations and the state legal system in general. Legal life is being examined within a number of other independent phenomena – legal reality, legal mentality, and law. Within the academic discourse, these phenomena correlate as: 1) those that complement each other in the context; 2) those that demonstrate the dynamics of formation and formalization in the society of legal values, which are based on maintaining traditional values and norms; 3) those that comprise the necessary elements for any legal system in any historical period; 4) those that affect formation of one or another legal norm or precept; 5) those that determine the character of relations with various structures of law. Determining the peculiarities of legal life of the individual and society has undisputed value for modern scientific knowledge. It is the legal life that encompasses all spheres of human individual and collective being, and affects traditional values and norms.

Keywords: social knowledge, legal norms, public relations, legal antivalues, legal values, legal reality, legal life, security, The concept of social security, social development

DOI: 10.7256/2454-0706.2018.4.26147

Abstract: The subject of this research is the content of the doctrine of “protection of legal expectations” in the countries of general and continental law, and the principle of support of the trust in the law and state actions in the context of the principle of rule of law, recognition of human rights and liberties, natural justice, analysis of the theory and practice of application of general constitutional and branch principles, as well as the issues of their realization (including the principle of the rule of law) in the Russian law with consideration of normativistic legal understanding. The main conclusions of the conducted research consists in the absence of a somewhat formalized system of official views upon relationship between the branches of public authority with the citizens, impeding the realization of the principle of the rule of law and creation of an efficient state administration (which would include the legislative and executive activity, and justice), the declared by the Constitution of the Russian Federation rule of law, as well as recognition and respect of the human rights and liberties. The content of the principle of support of citizens’ trust in the law and state action, formulated by the Constitution Court of the Russian Federation, in contrast to the Western doctrine, first and foremost, does not cover the entirety of the range of relations emerging in the course of realization of authority by the branches of public authority, and secondly, in light of the absence of formalization of this principle in the specific legal norms, it limits the courts in its application.

Keywords: the immediacy of action, public authorities, normativity of legal thinking, effectiveness in the protection, the doctrine of good governance, General legal principles, Legitimate expectation, state of law, legislative activities, the realization of law

DOI: 10.7256/2454-0706.2018.7.26802

Abstract: The object of this research is the legal process viewed by the authors as a gradual transition of the national law from one qualitative level onto another that meets the expectations of the majority of population, as well as caters its needs. The subject of this research is the sociocultural nature of legal progress, its organic connection with the various typed of legal consciousness, scientific and ideological doctrines. The main attention is given to reconsideration and clarification of the established within the post-Soviet legal knowledge definitions of legal progress suggested by different scholars. The article formulates the tentative definition of legal progress, its conceptual and sociocultural characteristics; determines the basic principles of its ambiguous and complicated phenomenon; as well as indicated the approaches to its typification. The scientific novelty consists in formulation of an original definition of “legal progress”, reflecting its conceptual aspects and inevitable sociocultural and doctrinal-strategic “reference”. The authors demonstrate that there is not and cannot be a universal discourse of legal progress, because this phenomenon must be understood and assessed exceptionally in the situational-historical and legal-cultural aspect, detecting the compliance of the achieved results in evolution of the branches of law, its institutions and legislation with the established due to multiple factors social expectations, needs and legal values of certain nation or ethnos. Such position of the authors is reinforced by the necessary theoretical, methodological and historical-legal arguments.

Keywords: conservatism, liberalism, legal development, legal system, legal culture, legislation, legal progress, rule of law, ibertarian theory of law, discourse

DOI: 10.7256/2454-0706.2020.1.27662

Abstract: Problems associated with the development of parliamentarism and democracy are fundamental and mostly are of polemical character. In legal science, meticulous attention is given to revelation of the essence and categorical analysis of these institutions. The theoretical-legal substantiation of their organic interrelation is being developed to a far lesser degree. The article analyzes the views of researchers upon the representative nature of legislative power, determines its place within the system of popular representation, and describes the meaning of electoral legal relations as a source of correlation between parliamentarism and democracy. The author proves that consensual declaration of will expressed by the representative legislative authority in its bills, is intended to be the permanent, legal, objectified representation of will and interest of the people. Critical assessment is given to the current state of Russian parliamentarism, which represents a dynamically development state legal institution. A conclusion is substantiated that without efficient functionality of the national mechanism of parliamentarism, the full implementation of the constitutional principle of democracy in Russian is impossible.

Keywords: will of people, democracy, representative bodies, representative authority, representative democracy, public representation, popular representation, parliamentarism, sovereignty of the people, elections

DOI: 10.7256/2454-0706.2019.2.28850

Abstract: The object of this research is the legal communication. The main conclusions and definitions, formulated in this study, are the continuation of the communicative theory of law of A. V. Polyakov and accord with the cultural research of I. L. Chestnov. For examination of the phenomenon of legal communicative competence, the author adapts the definition of legal communication. It is asserted that the legal communicative competence can become one of the key instruments for determining the efficiency of legal system in compliance with I. L. Chestnov’s program of anthropological assessment of the efficiency of law. The formulated within the framework of postclassical methodology definition of the communicative competence represents the advancement of the communicative theory of law with the accent on the actors of legal communications. The analysis of legal communicative competence is aimed at explanation of the legally significant human behavior, which leads to the narrowing the gap between the theory of law and legal practice. The presented material can be valuable for the future theoretical and empirical studies for assessing the level of the efficiency of legislation, linguistic competences of the citizens of the Russian Federation, foreign citizens, and stateless persons; development of the methods of increasing the efficiency of legislation, and programs of improving legal literacy of the population.

Keywords: microcommunication, legal language, measurement of the effectiveness, effectiveness of the system of law, communicative theory of law, legal communicative competence, postmodernism, legal communication, macrocommunication, sociology of law

DOI: 10.7256/2454-0706.2020.8.33472

Abstract: The object of this research is the definition of the concept of civil responsibility of the board of directors in corporations. The subject of this research is the theoretical positions of different scholars that correlated with the object in question. The author believes that the topic of responsibility of the members of board of directors requires further examination, since case law on this problematic is relatively small, and essence of the topic carries practical, rather than theoretical character. Therefore, special relevance gains definition of the concept of civil responsibility applicable to responsibility of the members of board of directors in corporations. The author offers an original definition of civil responsibility of the members of board of directors in limited liability companies and joint-stock companies; as well as describes financial negative consequences of for violation of responsibilities imposed upon the members of board of directors by corporate legislation and articles of association. A conclusion is made that the definition of responsibility of the members of board of directors is not unique, as in essence similar by content definition can be used with regards to responsibility of any corporate body in the limited liability companies and joint-stock companies respectively.

Keywords: management body, JSC, LLC, supervisory board, corporation, Board of Directors, competence, liability, director, management

DOI: 10.7256/2454-0706.2022.5.34415

Abstract: The author of the article considers the problem of the correlation of such areas of legal science as criminal sociology, criminology and sociology of criminal law. There is still no consensus in the modern doctrine regarding the place in the system of legal science and the subject of these areas. Thus, some scientists identify criminal sociology with criminology, and others - with the sociology of criminal law. With the help of the historical and legal method, the author demonstrates the development of the sociological trend in Western and domestic legal thought, which took shape at the end of the XIX century in criminal sociology (in Western science - criminal sociology), or criminology. Using logical and comparative methods, the author comes to the conclusion that the term "criminal sociology" is synonymous with criminology, which was used in Russian science at the end of the XIX century. The sociology of criminal law became the subject of scientific discussions already in the Soviet legal science in the 1970s and 1980s. The author joins the position of scientists that the sociology of criminal law serves as a section of criminal law, but states the absorption of criminology research issues included in the field of sociology of criminal law. The expediency of distinguishing the subject areas of criminology and sociology of criminal law is noted, leaving behind the latter the social conditionality and effectiveness of criminal norms, the improvement of criminal law and the practice of its application.

Keywords: criminological validity, social conditioning, the doctrine of crime, history of science, criminal law, sociology of criminal law, criminology, criminal sociology, subject of science, sociological methods

DOI: 10.7256/2454-0706.2022.12.39421

Abstract: This article analyses the current state of affairs on creating "legal certainty" for economic entities in exploring, mining, using, and appropriating space resources. This study uses a parallel analysis of various events (legal, political, and economic ones) in the regulation of the extraction of space resources, as well as relevant legal acts. The studied sources are relevant acts of international and national space law, "gray" literature, and Russian and foreign publications. The transformation of international ideas about the possibility of national and/or private appropriation of space resources is proposed to be considered not only based on an analysis of norms and doctrine but also by considering various countries' institutional changes and technological achievements. The theoretical question of ownership of extraterrestrial resources and territories, discussed since the early 1960s, has moved from the distant future to the present. The current international space law seems insufficiently unambiguous for private companies and therefore requires clarification. However, the pace of modernizing international law lags behind the needs of the development of the space economy and needs to meet the interests of space investors and entrepreneurs. It is concluded that the chain of events of 2014–2022 testifies to the concerted actions of a group of countries aimed at deliberately forming an international legal custom—the source of international space law. It is shown that the adoption of a universal decision shared by all states in the field of space resources is hampered by the existence of equally significant but competing legal principles. Today, economic challenges are decisive in developing international space law: legal certainty in the extraction of space resources is necessary to ensure the economic priority and competitiveness of technologically advanced states in space.

Keywords: adaptive regulation, COPUOS, outer space treaty, international space law, space economy, space resources appropriation, space resources mining, space resources exploration, space resources, customary international law

DOI: 10.7256/2454-0706.2023.1.39683

Abstract: The purpose of the article is to reveal theoretical and methodological approaches and some results of the study of the structure of the multidimensional political space of Tajikistan and its party dimension. Theories and concepts of political space lead researchers to believe that it is much broader than the framework of the political system, more complex than its organization and institutional content, as it consists of a variety of legal, political, social fields and spatial dimensions. The author is sure that the category "political space" has theoretical, methodological and practical significance for understanding the structure of the political system, the specifics of the political process in the country under study. It is determined that the main factors of the post-Soviet transformation of the political space of Tajikistan are the Constitution, the legal field outlined by it and the power elites as the driving forces of this transformation. As a result, a specific party system has emerged, based on the institutions of political pluralism, multiparty system with the secondary influence of parties on the political process. These factors have shaped the structure and boundaries of the modern political space in which illiberal but formally democratic political institutions function. Determining the stability of the institutions of the political system of Tajikistan and the associated political space is an important and urgent task. This Central Asian country, friendly to Russia, is a co-founder of the SCO, a member of the CSTO and has a long border with Afghanistan, a constant source of military-political tension, religious and ethnic contradictions in the region. Therefore, understanding and taking into account the specifics of the institutional and legal organization and functioning of the party-political space is not only a scientific interest, but also a significant aspect of foreign policy and inter-party relations between Russia and Tajikistan.

Keywords: differentiation of parties, parties, political system, opposition, the arrangement of parties, power elites, party dimension, political space, Tadjikistan, multiparty system

Abstract: Currently the term “security” gained new topicality for the Russians. This term is now often used both by the media and in everyday conversations. Author of this article studies security as a legal category and a scientific category with specific regard to criminal law and process, emphasizes the role of security problems in modern Russia. It is noted that the nature of security as a social and legal category is embedded into the very system of social relations in the sphere of security, which are governed by law - “law of ensuring security”, and it calls for detailed legislative provisions.