Электронный журнал Юридические исследования - №1 за 2012 год - Содержание, список статей - ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 01/2012
Contents of Issue № 01/2012
Transformation of legal systems
Lysenkova M.F. - Advertizing in the Internet in a context of political technologies in modern Russia pp. 1-20
Abstract: Political advertizing on the Internet is a specific type of political communication, and it is actively used in an electoral process for the purpose of impact on electoral attitudes concerning political subjects or objects. The author of this article analysed political advertizing in the Internet based on an example of the Presidential election campaign in Russia in 2012. Vladimir Putin's victory was partially predetermined by more effective use of the Internet sphere for his campaign.
Eseva E.Y. - On the issue of separation of powers. pp. 21-34
Abstract: This article is devoted to the problem of implementiation of the principle of separation of powers in Russia at the present stage of development. The author analyzes the current Russian legislation regulating the position of the judiciary and judges. The practical functioning of the judicial system was considered, and the author  identified gaps in the legal field on this issue. The point is that today the judiciary is clearly not managing its primary function - containment and restriction of the legislative and executive authorities, the implementation of legal control over their activities, and there is a need to change the legislation of Russia on the basis of universally recognized principles of international law.
Law and order
Popov E.A. - Individual, society and narcotic drugs: social, legal and criminological aspects of the correlation. pp. 35-68
Abstract: The article is devoted to an important problem,  and it is not only specific theoretical and applied branches of modern socio-humanitarian knowledge, but also the state and society as a whole as well as each person are interested in finding solutions to it. This is the problem of the spread of narcotization of the population of Russia and measures against this negative influence. Thus,  from  the standpoints of social, general legal and  criminological aspects, the article discusses some  of important features for solving the designated problems. The methods of comparative linguistics, analysis, processing of secondary data, as well as some of the methods of  applied sociology allowed the author to adequately analyze the issue. The findings allow to further develop the an independent vector of  criminological research regarding the problems of narcotization of the population of Russia.
Judicial system: decision-making practices
Nikiforova A.V. - Legal positions of bodies of the constitutional justice on territorial organization of local government pp. 69-91
Abstract: In this article author examines legal positions of the Constitutional Court of the Russian Federation and constitutional courts of constituent subjects of Russian Federation on territorial organization of local government. Then the author offers some options of their classifications. The author also studies direct and indirect influence of these legal positions on improvement of  legislation on territorial organization of local government and influence on the legislators.
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.
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.
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