Электронный журнал Юридические исследования - №6 за 2013 год - Содержание - список статей - ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 06/2013
Contents of Issue № 06/2013
State institutions and legal systems
Eseva E.Y. - Constitutional minimum in payment for labour. pp. 1-12


Abstract: The article is devoted to the problem of implementing a constitutional guarantee in the sphere of payment for the labor no lower than the minimum wage.  The author analyzes the current Russian legislation in the sphere of current regulation of the minimum wage and minimum living level.  The author studies the functioning of the institutions of minimal guarantees in the sphere of payment for the labor, uncovering the defects in the legal field in this sphere.  Currently the minimum labor wage is lower than the minimum living standard for a working person and his family members, while international law currently provides for totally different standards based upon the decent work concept.  Decent work should be guaranteed with decent payment, which should not be lower than the minimum living standard in a region.  Accordingly, Russia needs to change its legislation based upon the generally recognized global standards of legal status of persons, which is necessary for fighting poverty and social integration support.
Transformation of legal systems
Shishkin V.V. - The category of "secondary job", its nature, and correspondence with the general legal regulation principles. pp. 13-41


Abstract: The article contains a conclusion on discriminatory nature of the category of "secondary job" in Russian labor law in the process of its formation and development.  Appearance of this category is due to the need to have strict control over a person by a state in all spheres of human life, including the working sphere, which is vital for sustenance.  The fact that the category of "secondary job" remains in the post-Soviet labor law is due to the inertia in the development in this sphere, and lack of detail of labor norms.  The vector of development of labor law should inevitably correspond with the generally recognized principles of international law, as reflected in the general legal principles of the Russian law.  The constitutionally enshrined general legal principles are generally reflected in the principles of the Russian labor law, however, they were not logically developed in specific labor law norms.
Tkachenko S.V. - Contents of reception of law. pp. 42-62


Abstract: The reception of law is a necessary instrumetn for the development of the legal system. As a legal matter, reception is currently the most demanded instrument for the modernization of law.  It is due to the fact that legal system of all states have never been existing in isolation, and they do not do so now.  Then the state attempts to fight reception of law and cultural values in general the situation usually ends up in a complete failure for a state and degradation of a society.  The phenomenon of full-scale reception, which allows to resolve global issues, regarding internal and external challenges to the statehood, deserves special attention.  One of such challenges is crisis of statehood due to the need for modernization.  Such a need may be related to an external threat  of military or economic character. The full-scale reception of law in the framework of legal reforms becomes possible as a result of crisis of state and law. It may therefore be defined as a crisis model for reception.
Ursul A.D. - The sustainable development law: conceptual and methodological problems of its formation. pp. 63-134


Abstract: Due to the upcoming global transfer of the world community to sustainable development, the author analyzes proposed conceptual and theoretical characteristics and specific features of a novel law, which is oriented towards our common "sustainable future".  Formation of a new law springs from the globalization tendencies, supremacy of law, and it  may be recognized as one of the mechanisms for the "sustainable transfer". It is also noted that legal understanding of sustainable development may and should follow through routes not limited to environmental law.  One may interpret this type of development through security guarantees, since sustainable development in its broad meaning may be regarded as the most secure, non-aggressive type of social development.  Within the perspective the sustainable development law is a novel formation, and it may be regarded as a higher quality and principle of formation of functioning of the entire system of legal norms, guaranteeing survival and further secure sustainable development of the civilization, rather than just another branch of law.  It is noted that a new branch of sustainable development legislation is being currently formed, and in combination with the international treaties and "soft law" (recommendations of the UN) it serves as a mechanism and a stimulator, gradually changing the entire global legal complex in the interests of efficient implementation of sustainable future strategy.
Bondarchuk I.V. - Legalization of social organizations and political parties within the mechanism of constitutional order protection in Ukraine. pp. 135-151


Abstract: In this article the author analyzes the procedure for legalization of social organizations and political parties as a legal institution within the framework of constitutional order protection in Ukraine. The author pays attention to the need to distinguish civil law and public law approaches in defining the official procedure for provision of legal status for political parties and social organizations to social associations of people.  The author analyzes the value of this procedure in the relations between social organizations, political parties and the state.  Special attention is paid to the analysis of judicial practice of forced dissolution of associations of citizens in Ukraine, such as Sevastopol City Youth Association "Proryv", "Donetsk Republic", Kharkiv Regional Social Organization "Eurasian Youth Union", which were dissolved by court in 2006, 2007 and 2008 accordingly.  The author supports the position that legalization of social organizations and political parties plays an important role as a stability guarantee for the constitutional order in a state. 
Law and order
Karchevskyi M. - The main directions for improvement of criminal legislation within the framework of social informatization tendencies. pp. 152-196


Abstract: The article includes an attempt to formulate the key requirements to the contents of criminal legal protection of social relations in the information sphere.  Criminal law guarantees of stimulation of positive and minimization of negative social consequences of informatization presuppose that the system of relations guaranteeing implementation of information needs becomes an independent object of criminal legal protection. The author offers to use the term "information security" for this purpose. The subject is in the situation of information security, when efficiency of his activities are guaranteed by complete, authentic and sufficient for decision-making information.  Such a situation may be achieved by social activities in the three inter-related groups of social relations, which are the structural elements of information security, namely: social relations in the sphere of use of information technologies, sphere of access guarantees to information resources and the sphere of formation of an information resource.  At the same time, the public danger of encroachments upon information security is not independent, it depends upon the social value of the relations, within which information needs appear.  The author offers the key directions for the legislative improvement in the sphere of legal liability for the crimes in the information technologies sphere, as well as in the sphere of limited access to information. The author then notes that it is not viable to broadly use the means of criminal justice in the sphere of information resources formation.
History of state and law
Kodan S.V., Fevralev S.A. - Local civil law of Georgia within the framework of legal regulation in the Caucasus (1800s to1850s). pp. 197-219


Abstract: When the peoples of Caucasia and Transcaucasia were included into the Russian Empire, the Russian government supported local Georgian law in the sphere of its civil law jurisdiction. The Russian government took measures to translate into Russian and sanction the "Georgian law", such as the Code of Prince Vakhtang, which was officially published by the Directing Senate in 1828. General codification of Russian legislation in 1826-1832 and introduction of the Code of Civil Laws moved the local and central administration towards unification of particular and general Empire law.  On October 20, 1859, Tsak Alexander the II had approved the decision of the Caucasian Committee to substitute the Code of Prince Vakhtang with the general laws of the Empire, and the key provisions of Georgian law, which reflected civil laws specificities of the region, were included into the Code of Laws of the Russian Empire.  From that time on the local Georgian law ceased to exist as an independent source, while it was included into general Russian private law regulation. The article concerns the processes regarding use of Georgian local civil law in the regulation of civil law relations in the Caucasus in 1800s - 1850s.
Belkovets L. - Foreigners in the Soviet Russia (the USSR): regulation of their legal status and stay (1917-1939). Part 2. pp. 220-284


Abstract: The article contains analysis of legal status of foreigners in the Soviet Russia in 1920s - 1930s. The author provides analysis of domestic legislation, international treaties and special literature, as well as of Russian and foreign archives.  The author then studies the general legal status of foreign citizens and some specific categories, such as workers and peasants, intellectuals (doctors, teachers, engineers, etc.). The author establishes the fact that in the RSFSR the foreign citizens had a wide scope rights, including political rights, such as electoral rights, civil rights, including proprietary, family and marital, labor relations, right to judicial protection. The author also studied special status of the German citizens in the USSR according to the treaty law, regime of their stay, order for entering and leaving the RSFSR and USSR for the foreign and Soviet citizens, the procedure of acquiry of the Soviet citizenship by the foreign nationals.  The author also studies the novelties in the law on citizenship of 1938. The author then makes a conclusion that there was a national regime for the foreigners in Russia at the said period of time. It is reflect in almost full equality in rights provided to the foreigners residing in its territory "for labor purposes" and the citizens themselves. 
Bezgin V.B. - Theft in Russian villages in second half of XIX and early XX centuries. pp. 285-319


Abstract: The article includes analysis of theft as a type of crimes against property in Russian villages in second half of XIX and early XX centuries.  Based upon a wide range of archive and ethnographical sources the author discusses the elements of customary legal attitudes of the Russian peasants towards encroachments of property of other persons.  The author uncovers the causes of growth of crime among the peasants, including growing number of thefts in the villages at  the said period.  He also provides for attitudes towards theft, theft from churches, horse theft among the village people.  He studies the forms of non-judicial punishments of criminals by the peasants, specific features of justice for peasants and forms of punishments applied to the criminals by the district courts. The article contains analysis of differences between customary law and provisions of official legislation on responsibility for the theft.
Legal and political thought
Kruchinin S.V., Kruchinin V.N. - Conceptual comparison of political and legal views based upon the heritage of Daniil Andreev and the thinkers of past and present times. pp. 320-350


Abstract: The article is devoted to the place and role of comparative analysis in the studies of the heritage of political and legal views of Russian and foreign thinkers. The authors provide a detailed example of comparative analysis and conceptual comparison of the heritage of an extraordinary Russian thinker Daniil Leonidovich Andreev with the  ideal concepts of renowned thinkers of past and present times, such as Thomas Hobbes, Pitirim Aleksandrovich Sorokin, Ivan Antonovich Efremov, Samuel Huntington.  The authors find out analogies and similarities, as well as ideal oppositions.   This approach may be especially successful in interdisciplinary studies in the sphere of humanities, when used in combination with such methods as systemic analysis, hermeneutics, context analysis, biographical approach.  The comparison of political views of renowned thinkers, politicians, constitutional lawyers, and social-political utopianists,  offering their vision of the state formation problems  is of special interest at the time of large-scale social, political and economic changes.
Yarovenko V.V., Badikov K.N. - On the issue of psychological dermal glyphic studies. pp. 351-364


Abstract: Based upon the analysis of scientific views on forensic dermal glyphic studies, and psycho-dermal-glyphic studies as its element, the authors evaluate the possibilities for studying the psychological structures of a person and further establishing the behavior motives, as well as formation of a forensic searching personality model.  Psycho-dermal-glyphic studies use the data of medical and anthropological dermal glyphic studies, psychology and psychiatry, allowing to solve the problems in the segments bordering psychophysiology and psychiatry.  The authors use the same standpoint in order to evaluate the opinion on the formation of a novel scientific direction - psychological dermal glyphic studies, which shall allow to achieve diagnostic goals in the process of investigation and exposure of crimes, to establish predisposition towards suicidal acts, addict behavior (alcoholism, drug addiction, etc.)  based on the traces of sweat and grease left by a person.  The authors show the differences between psycho-dermal-glyphic studies and psychological dermal-glyphic studies, which is the following: the methods of psycho-dermal-glyphic studies allow to establish presence of elements of papillary prints, proving genetic illnesses, while the methods of psychological dermal-glyphic studies allow to establish presence of elements characteristic of certain types of behavior.  Based upon the above-mentioned position, the authors express an opinion that psychological dermal-glyphic studies may be regarded as a novel scientific direction within forensic dermal-glyphic studies.
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