Электронный журнал Юридические исследования - №3 за 2013 г. - Содержание - список статей. ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 03/2013
Contents of Issue № 03/2013
Transformation of legal systems
Volokh V.A. - Labor migration: legislation and politics pp. 1-20


Abstract: The article "Labor migration: legislation and politics" is devoted to the topical problems of migration policy formation and legislation improvement in the sphere of labor migration. In the last 20 years Russian society and business faced both liberal approach towards labor immigration in late XX century, and strict administrative limitations in later years.  In the opinion of the author starting from the second half of 2006 the novel approach prevailed, and it relied upon the market mechanism in order to regulate labor migration, and to widen the scope of legal migration in accordance with the interests of social and economic development of Russia.  In 2007 the Federal Laws NN 109-FZ, 110-FZ of July 18, 2006, as well as some other acts entered into force, and the legislative regime of migration management in Russia changed considerably.  Additionally, on May 19, 2010 the Federal Law N 86-FZ "On amendments to the Federal Law "On legal status of foreign citizens in the Russian Federation", the Tax Code of the Russian Federation and the Budget Code of the Russian Federation" established the specific features of legal regulation of labor activities of foreign citizens, being highly qualified specialists, and also persons who entered the Russian Federation via no visa procedure for hire by physical persons. The new Concept for the State Migration Policy for the period till 2025, which was adopted on June 13, 2012 by the President of the Russian Federation plays an important role.
Tsaliev A.M. - Widening the scope of roles of constituent subjects of the Russian Federation in the state policy. pp. 21-94


Abstract: The article concerns many topical problems regarding widening the scope of roles of constituent subjects of the Russian Federation in domestic and foreign policy of the Russian Federation. It is offered to improve the distinction between the competences of the Russian Federation and its constituent subjects, state bodies of various levels via legal and organizational measures. In particular, it is noted that the together with the federal constitutional provisions, the treaties between the Russian Federation and its subjects may efficiently implement legal regulation of federal relations in all the variable regions of Russia. Taking into account analysis of legislation, scholarly writing and practical work, speeches by state officials on the issues of separation of competences of various public bodies, the author offers to take specific measures in order to widen the scope of roles of constituent subjects of the Russian Federation in its domestic policy.  In order to make the foreign policy of the Russian Federation more efficient, the author also offers to broaden the scope of competence of the constituent subjects of the Russian Federation in the sphere of international activities, and to provide for it legislatively.
Ursul A.D., Ursul T.A., Il'in I.V. - Global and political processes: the relationship and the establishment of an evolutionary approach pp. 95-154


Abstract: The authors examine the relationship and the difference between the historical and evolutionary approaches and come to the conclusion that the emergence of evolutionary branches in the global and political studies. Research shows relationship political and global processes and political globalism and global political science as mature forms of research and the world of global politics. The article on the theoretical and methodological level, we study the evolutionary approach to global research and discusses the evolution of the political process under the influence of global factors. The authors believe that globalism in its broad sense is studying global processes and systems, and explores their evolutionary globalism is a global development process. Global development and the evolution of co-evolution of global processes and systems is the main focus of evolutionary globalism.Also considered are the basic shape and the direction of evolution of political processes associated with globalization and other global processes. The problem of the formation of political and globalization as part of globalistics, the object of which is to identify the political patterns and trends in global processes and systems. The problem of the formation of global politics, and the formation of global development centered on the survival of civilization and the preservation of the environment.
Law and order
Silaeva N.A. - Prevention of crimes against the political system of the Russian Federation (some special measures). pp. 155-182


Abstract: This article presents analysis of special measures of prevention of crimes against the political system of the Russian Federation, including organization, administration, social, psychological and other measures.  In particular, the author views such organization and administration measures as complex criminological studies on this issue, organization of efficient international cooperation of states and their law-enforcement bodies in the sphere of crimes against the political systems of the Russian Federation, training and advanced training of the staff, working in this sphere,  coordination of prophylactic work against such crimes in the Russian Federation, guaranteeing efficient control  over arms turnover in Russia and urgent prevention of unlawful turnover of arms by the law-enforcement bodies. Among the social and psychological measures, the author points out the measures, which are aimed at the formation of the calm attitude among the population, assurance in their security, readiness for mutual aid and assistance to the law-enforcement bodies.  The author also studies special subjects of fighting the crimes against political system of the Russian federation, such as the federal government bodies of the Russian Federation, the government bodies of the constituent subjects of the Russian Federation, municipal self-government bodies, prosecution, courts, internal affairs bodies of the Russian Federation and their structural divisions.
Bakradze A.A. - On the issue of qualification of services forced on customers. pp. 183-191


Abstract: The author attempted to correlate the services provided without consumer consent and unnecessary services with the existing criminal legal prohibition.  These services may take place in medicine, legal counseling, housing and utilities, in the cell phone market, etc.  IN such cases it is not the issue that a customer fails to have a service he paid for, or does not get it in full, as it would be the case with theft or fraud.  In the opinion of the author the novel form of taking property away from a person, and it cannot be directly qualified in legal terms. The danger of such services forced upon a customer that in each case the damage is rather small, so it does not cause legal consequences for the perpetrators due to the absence of initiative of the consumers.  That is why these services keep developing unconstrained and take upon new territories. 
Antonova E.Y. - Criminal Liability of Corporate (Collective) Subject for Corruption Crimes pp. 192-220


Abstract: In present article the issue of the need to protect to national security of the Russian Federation from corruption crimes is considered. The author draws attention to the fact that the international practice shows has examples when the subjects of corruption crimes are not only  individuals, but also corporate (collective ones) entities. This fact determines the need to find solution of the question of the recognition of corporate (collective) entities which have the status of legal entities, as the subjects of corruption. The author comes to the conclusion that the establishment of corporate (collective) criminal liability, including  corruption crimes, will help to harmonize measures against acts of corporate (collective) entities representing a higher degree of public danger, and provide for a more complete implementation of the principle of inevitable liability. According to the author, the criminal remedies against socially dangerous acts of corporate (collective) education are more effective than civil law and administrative methods.
Anthropology of law
Gulyaikhin V.N. - Dialectics of natural and positive law as a source of social and legal progress. pp. 221-238


Abstract: The article concerns the problem of dialectic dualism of law, as express in its ontological division into natural and positive law.  Firstly, author considers that there is a fundamental contradiction between those types of law, and this contradiction has a genetic influence upon the processes of legal evolution of a person, during which such a person learns the norms of law-abiding behavior and accepts the legal values at the level of morals. Secondly, the positive law should be regarded as liberating force and not a coersive one.  It should overcome the obstacles to spiritual and physical development of a person. Based on the  public good, the society should define the boundaries of freedom provided for an individual.  According to the provisions of natural law, the external freedom of a person should be limited with the external freedoms of other persons.  The article contains a conclusion that a person shall unconditionally follow the norms of positive law only when it shall be a historically founded expression of moral requirements of natural law. 
Kabanov P.A. - Criminological concept of political criminal personality. pp. 239-257


Abstract: The article is devoted to the theoretical bases for the formation of the basic universal political criminological and political anthropological definition “personality of a political criminal”, which may be used for the further studies in the sphere of criminal political anthropology as an interdisciplinary scientific direction in modern political anthropology, Russian political criminology, and criminal anthropology.  The author  provides correlation of a political and criminological term “political criminal” with other related definitions including scientific, literary and popular categories, such as “political prisoner’, “political emigrant”, “political convict”, “political exiled”, “enemy of the nation”, “enemy of the people”, “enemy of the state”, “opponent of the Perestroika”, “enemy of the democracy”. The author also offers further developments of criminal political anthropology with the use of criminological grouping (typology and classification) of political criminals.
History of state and law
Kodan S.V., Fevralev S.A. - Local law of the Grand Principality of Finland in the legal system of the Russian Empire: integration, sources, transformation (1808-1917). pp. 258-317


Abstract: The Grand Principality of Finland was included into the Russian Empire in 1808, and it became the first social and territorial area in the Russian Empire, which recieved an upheld till early XX century complete localization of state and legal system within the framework of the Russian statehood.  Establishing the boundaries of the Muskovy in XI - XVII century and annexion of part of the Finnish lands of the Swedish Kingdom to Russia in XVIII century posed a problem of legal position of Finns as Russian citizens, and the formation of the Grand Principality of Finland posed a problem of local Finnish law within its system. The article is devoted to integration processes, the authors shows sources and changes in the particular law of this national region within the Russian Empire.
Practical law manual
Yarovenko V.V., Atanova K.A. - Forensic expertise of falsification. pp. 318-329


Abstract: It is shown that currently the criminals legalize unlawfully obtained card via various falsifications in the sphere of registration, customs clearance and transfer of proprietary rights to a vehicle.  There are more and more cases when the automobiles are sold with fully counterfeit vehicle registration documents, as well as cases of unlawful changes in such documents.  The main means of counterfeiting are erasure, etching, washing, adding of information, drawing, and falce information is usually provided on the year when an automobile was produced, engine volume, date of registration, and date of registration closure. In cases when an automobile was used for personal needs, special marks are destroyed. The authors analyze the practice of assigning and holding judicial technical and forensic expertises of vehicle registration passports. Knowledge of these means of falcification is necessary when holding visual examination in the process of registration and verification of documents on the road by the State Traffic Safety Inspectorate officers, and it may be helpful for the buyers of vehicles.
Tokareva K.G. - Property-related tax deduction: the problems of legal practice. pp. 330-337


Abstract: The only provision of the Tax Code of the Russian Federation on property-related tax deduction is Art. 220 of the Criminal Code of the Russian Federation. However, there is a large number of practical problems related to them. Considerable amount of disputes arises between tax bodies and good faith taxpayers on the excess amounts paid.  The article concerns some topical aspects regarding implementation of a right for the property-related tax deduction, in particular, the complications with getting the Personal Income Tax (NDFL-2) report at the place of work. The author recommends taxpayers to require provision of NDFL-2 report by written notification by registered mail, or address the Labor Inspection.  The article also includes discussion of the problems regarding violations on the period of payment on property-related tax deductions. In such cases a taxpayer should address the tax body and require that the payment of interest for the unlawful use of money due to him would be paid and provide the calculation. If the delay is significant, the taxpayer should file complaints on the acts of tax inspection to the relevant Division of the Federal Tax Service in his region.
Markin A.V. - Factors of a legal reflection pp. 338-374


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.
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