Электронный журнал Юридические исследования - №4 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 № 04/2013
Contents of Issue № 04/2013
Transformation of legal systems
Shchuplenkov O.V., Shchuplenkov N.O. - The problems of interaction between civil society and state in the modern Russia. pp. 1-55


Abstract: The article contains the analysis of the issues regarding development of law and state in Russia within the framework of interaction between person, society and states. The authors consider that interaction between persons, state and society should be regarded as one of national priorities, defining the model of development of state adn law in Russia in the XXI century. At the same time the model of development of state and law in Russia is a complex strategic program on evolution of the state and improvement of institutions of state and law.  The authors make the conclusion that the vector of development of state and law in Russia should be amended in accordance with the need to change the views on the interactions between persons, society and state, which influences the choice of their harmonious existence. One of the goals of the NGOs, and the civil sector is to involve citizens and social organizations into the implementation of state policy, to develop the mechanisms for its correction in order to achieve its correspondence with the interests of various social groups of people.  It is very important to find an optimum balance, since the public should not  be decision-makers, and the state servants should not be advisors.  However, the opposite approach, when the society has only deliberative function without any opportunity to influence decision-making is also not acceptable.
Law and order
Bakradze A.A. - The problems of determining of theft with materially defined crime elements. pp. 56-65


Abstract: The author of the article provides analysis of theft according to the current legislation in order to establish whether it is rightfully construed as a materially defined crime. In the opinion of the author the moment when a person guilty of theft  gains a real opportunity to use and dispose of stolen property as his own needs clarification, and he offers subjective and objective criteria for it. Having concluded that the moment when the crime of theft is completed may be far away from the moment when the property is taken or used by a guilty person or by the third parties in connection with material damage to the victim, and the author offers to exclude this element from the determining elements of crime of theft, and recognize it as a formally defined crime.  In the opinion of the author such an approach shall allow to achieve compliance with the principles of lawfulness and unity of investigative and judicial practice when dealing with the issue of the completion of a crime committed by theft. It shall also facilitate better criminal law protection of property, since the moment, when the crime is committed shall be moved to an earlier stage - to the moment when the property was seized separately from the issue of material damage. It shall also allow to deal with some issues of crime determining regarding consumer quality of such property (the property that can be consumed, and the property that cannot be consumed), and theft from guarded territories, lowering the number of victims on criminal cases with respect to situations, when recognition of victims is formal and is not truly necessary. Finally, it shall allow correct determination of one continuining crime when a guilty person was caught before the last of series of similar criminal episodes was completed.
Public communications
Bronnikov I.A. - Political communication and modern time pp. 66-88


Abstract: The article includes analysis of political communications in early XXI century.  It is shown that the Internet has changed the political communications, and it currently serves as a fundamental area, based upon which mutual adaptation of off-line and on-line political actors take place.  Transformation of political communication facilitates the transfer from the paternalist power relations to the political pluralism.  The author provides the hypothesis that it is by the political communication that the legitimate political discourse between society and government may take place.  Within the context of the modern Russian reality political communication serves as means of existence and translation of political culture, which may serve as a basis for the democratization of the relations between the state and the civil society. Transformation of the political communication facilitates the transfer from the paternalist government relations, and the etatist model of government, clientalism in the system "power and society" towards the political pluralism. Therefore, the politics in its ideal understanding is an activity aimed at the general organization of the society, bringing into accord various interests and goals, finding agreement and compromises. 
Human and state
Timshina E.L. - Non-governmental organizations of women in the modern Russia: new research methods. pp. 89-109


Abstract: The extent of participation of women in a political process is one of the most important markers of development of democratic institutions in Russia. The female movement reflects a wide range of problems, which concern both the position of women in various spheres, their role and place in the society and general patterns of social process, perspectives of political process development in Russia. The article contains the results of studied of female movement in the modern Russia, which were performed with the use modern informational technologies. The authors shows the possibilities for a researcher capable of using novel methods for the analysis of the mass data  of a complicated social and political matter, such as female movement in Russia. At the same time, the use formal quantity methods and computer technologies for the representative data on mass events requires that the problems of comparability be faced and solved. The mass data should be compared and such data should be combined within a database for the further mathematical and statistical processing.
Human and environment
Stepanenko V.S. - The prerequisites and specific features of criminal law prohibitions in the sphere of violations of requirements on waste in European and Russian law. pp. 110-134


Abstract: Strengthening social and environmental crisis, and the growth of environmental crimes in all states and regions worries specialists in many scientific and practical spheres - lawyers, environmentalists, economists, politicians, and society as a whole.  Unfortunately, the crime does not stay the same, the new threats, the social spheres are widening, including environmental - social ones, and they are influenced by crimes encroaching upon environment and its components, the scale of harm to natural resources and objects is growing, as well as the number of violations of environmental rights of people and interests of businesses and states. Specialized literature, mass media and analytical documents of late years refer to worsening of situation regarding treating various types of waste: dangerous, common, construction, radioactive. All of these circumstances fall within the scope of interests of specialists in criminal law and forensiс sciences, who are striving to develop necessary measures against the violations of treatment of waste and downsizing its negative influence  upon the environment and human health.  Such measures include criminal administrative responsibility, legislative provisions  on compensation of damage to environment, prophylactic measures against violations of norms on waste.
Anthropology of law
Gulyaikhin V.N. - Legal culture as an object of a scientific study: methodological approaches, structure, and evaluation criteria. pp. 135-158


Abstract: The article includes evaluation of legal culture as an object of scientific studies. The author singles out five key methodological approaches towards this matter in legal life of people: axiological, activity-relatied, social, information-semiotic, and systemic.  The author considers that the legal culture allows not only to provide for already existing social relations, but also to form innovative connections, for which both the society and legislator should strive consciously.  The system-forming element of the legal culture is legal conscience, which has a forming influence on the legal activities, legal techniques and subjects of laws themselves.  Each of these components  has its own sub-components and structure.  The article contains a conclusion that the key criterion for the evaluation of legal culture in the society is legal practice.  It is important to establish how efficient is the institution of law, having formed under the influence of social and cultural dominant traits, in facilitating the successful social development  of this community of people - bearesr of historically formed system of legal archetypes. 
History of state and law
Vasil'ev A.M. - Capital punishment in Russia: the gravest and exclusive punishment, deterrence or policy? pp. 159-195


Abstract: The article concerns capital punishment as one of the measures of punishment existing in history of Russian law. The author analyzes the period when legislative provisions for capital punishment has appeared, he studies evolution of this institution as well as the possibilities for abolishment of capital punishment in Russia within the framework of civil society formation.  The author analyzes the situation which developed in the Russian Federation after the moratorium for capital punishment was introduced, and he makes a conclusion that this moratorium does not correspond the mindset of most Russian citizens towards judges and humanity.  The author points out the problems regarding capital punishment, and pays attention to many aspects of this problem. The problem of capital punishment is complicated, it has large scope and many layers, it has political, ethical and legal dimensions, and it is one of important elements of international and domestic law.  The discussions on preservation of this type of punishment are ongoing for many centuries, and they are not likely to stop anytime soon.  It is undoubted that  this punishment is the most radical measure of state revenge upon a person, who has violated legal imperatives, as provided by the state, and it is aimed at preservation of moral and legal norms established by the state power. 
Bezgin V.B. - Infanticide and criminal abortion in the rural Russia: past and present. pp. 196-229


Abstract: The author provides a historical legal study on the issue of infanticide and criminal abortions in the rural Russia. Based upon the archive documents and ethnographical sources, he establishes how infanticide was evaluated by the state legislation and customary law ofpeasants, as well as the attitudes towards this type of crime among the Russian villagers.  He establishes the level of spread of child murdering and criminal abortions in the rural areas in late XIX and early XX centuries. He studies methods and motives for infanticides, as well as specific features of criminal cases of this type.  He also analyzes a criminal abortion as a type of "female" crime.  He discusses legislative interpretation of abortion, and reaction of the peasants to such facts, as well as the causes making women abort their pregnancies.  The material includes comparative analysis of the situation in  late XIX and early XX centuries and the current situation.
Kodan S.V., Fevralev S.A. - Formation and development of local law in Bessarabia within the Russian Empire (1812-1917). pp. 230-285


Abstract: Bessarabia was a social and territorial entity within the Russian Empire, where the model of local self government with evident autonomy elements was formed in the Russian state. It influenced the processes of integration of hte Bessarabian law into the system of law of the Russian Empire, and it had two stages of development. On the first stage (1812-1828) the local law in Bessarabia was recognized as an autonomous system of legal norms, and on the second stage (starting from 1828) the legislation was unified in the public law sphere, while the local law remained in the system of civil law, and special laws were passed by the Russian government for this region.  The article concerns the above-mentioned issues.
Practical law manual
Gavrilov V.N. - Role of notary in inheritance registration. pp. 286-300


Abstract: The article is devoted to the issues of registering the transfer of proprietary right in cases of inheritance. The author analyzes role and competence of a notary and other persons taking part in the registration of inheritance rights, interaction between notary and tax bodies. The author also provides for a detailed classification, analysis of terms, procedure and possibilities for the preliminary provision of inheritance certificate and the grounds for it, as well as specific features of registering the escheat.  He also studies the legal nature of the certificate for the right to a share in a common property of spouses, as well as technical and organizational issues regarding registration of inheritance rights depending on the type of inherited property and proprietary rights.  The author analyzes types of documents allowing the notary to interpret the testament.  Attention is paid to the range of persons having a right to file a claim in court regarding invalidity of an inheritance certificate. The author finally provides comparative legal analysis between the Russian legislation and the legislation of a number of foreign states in the sphere of inheritance regulation.
Legal and political thought
Rozin V.M. - The problem and three meanings of social justice. pp. 301-350


Abstract: The article contains analysis of social justice. Firstly, the author studies the history of this term within the context of formation and development of European law. The author shows that at all of the stages of its development the law had double meaning: it was recognized as a form of social justice, and as abiding laws and guarantees of economic activities.  In the late XX century the third interpretation of law appeared. It provides that the law serves as means for constitution of social life, which causes various problems.  The second part of the article contains analysis of new social formation and two different concepts of social justice: Marxist and conformist.  Based upon the said analysis the author comes to a conclusion that there is no point in concentrating on the problems of social justice. It is more important to understand how sociality is formed, what are its typical development trends,and whether it is possible to forecast the consequences of formation and functioning of a new sociality.
Yarovenko V.V. - Forensic dermal glyphic studies. pp. 351-372


Abstract: For a long time study of papillary patterns was performed within the dactylography framework, and it often dealt with the issues of dermal glyphic studies  From 1996 on the forensic science started to use the term "forensic dermal glyphic studies" as a new vector in forensic teachings on traces. Based upon the analysis of scientific views the author offers a definition of forensic dermal glyphic studies, he also views the perspectives of its application in order to characterize the behavior of a suspect or an accused, to describe the look of an unknown person, to establish pathological characteristics of human bodies in the process of identifying an unclaimed dead body.  It is proven that the modern dermal glyphic methods allows to deal with the issues bordering psycho-physiological studies and psychiatry, and it allows to establish a new direction in forensic and medical dermal glyphic studies "psycho-dermal-glyphic studies". The psycho-dermal-glyphic analysis is aimed at diagnostics of deviant behavior.  This information may be of much value as the basic data for the versions, as well as for the tactical planning of the communication between an investigator and a suspect. 
Borisenkov A.A. - On criteria of political activities pp. 373-397


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