Электронный журнал Юридические исследования - №8 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 № 08/2013
Contents of Issue № 08/2013
Transformation of legal systems
Babin B. - Prerequisites for the recognition of a right of self-awareness in the modern international law. pp. 1-25


Abstract: The article concerns specific features of ethnical self-awareness within the context of the problem of peoples as subjects of modern law.  The author provides grounds for the perspectives of gradual recognition of the right of self-awareness of the peoples by the global community.  It is proven that the right of the people for self-awareness (the freedom of self-awareness of the people) is a primary collective natural right, since its implementation precedes appearance of rights of the people, including the right of self-determination of the people.  It is also proven that the freedom of self-awareness is key within the natural law approach to the institution of peoples, and its limitation due to the will of the state to define which social groups are peoples and which are not levels down the recognized rights of peoples, such as proprietary rights, right for counteraction, right to peace, etc.  In the opinion of the author due to the natural character of the factor of self-awareness of the peoples it should be gradually recognized by the global community.  It is shown that implementation of the freedom of self-awareness proves the presence (existence) of the people (including indigenous people) as a subject of international legal relations, and this subject may in future implement the rights (such as right to development, right to self-determination), which are recognized by the international community.
History of state and law
Nikulin V.V. - Soviet civil legislation and judicial procedure at the time of the New Economic Policy: correlation among law, economics and politics. pp. 26-64


Abstract: The article concerns conceptual ideas of correlation among politics, law and economics in the civil legislation and judicial procedure at the time of the New Economic Policy. The author analyzes the correlation between the political doctrine of the Bolsheviks with the civil legislation, showing specific manifestations of class policy within the civil legislation system in the Soviet Russia in 1920s. It is proven that politicized law of the Soviet Russia defined class-based approach towards the principles of civil legislation. Due to the class-based approach the motivation by economic stimulae was less efficient, and it influenced the business activities in the private economic sector.  In the absence of any guarantees of private property a stable framework of legal behaviour and attitude to law was formed, and it was mostly a nihilistic one.  The people wished to get by the law, gain profits by unlawful mean, and it lead to conflicts between economic interests of the state and the private capital.  It is stated that throughout the period of the NEP the problem of legislative limitation of private capital was not solved. All of the Decrees of the 1920s included political elements, and it limited the freedom of economic activities. The problem of legal guarantees of proprietary rights as a basis for entrepreneurial activity was also not solved.  It is stated that the institution of civil law liability was mostly class-oriented in the Soviet Russia. That is why, the judicial practice in this sphere was biased towards entrepreneurs, its typical feature was "class-related judicial simplification", which was manifest in decisions and actions of the courts outside the scope of law.  In fact, the law was substituted by political positions, when the courts made politically motivated decisions instead of dealing with the facts of a case. 
State institutions and legal systems
Lyubarev A. - Proportionate and mixed election systems in regional and municipal elections in the Russian Federation and the "fabricated majority" problems. pp. 65-118


Abstract: The author studies distortions of proportion in representation of political interests of elections with the use of proportionate and mixed election systems in regional and municipal elections in the Russian Federation. Much attention is paid to the situations of "fabricated majority" of persons voting against all candidates, when a leading party has more than 50% of mandates, while having less than 50% votes in a united election district.  The author studies the roles of voting "against all candidates", threshold, allocation of deputy seats in a majority element of a mixed election system  in formation of the "fabricated majority" effect.  It is shown that within a proportionate election system the leading role belongs to the threshold above 3 per cent and the Imperiali divider method. However, majority element of a mixed system plays the greatest role in the formation of "fabricated majority". The author concludes that it is necessary to abolish the mixed unbound election system.  As an alternative he offers a mixed bound system, which is analogous to the system used in Germany.
Motrinets S.I. - Development of parliamentary law: searching for an efficient model. pp. 119-136


Abstract: The article concerns the problems of formation and development of the legal norms and institutions in the sphere of parliamentary procedure. The author studied the genesis of parliamentary law, and has proven the key role of legal doctrine in these processes.  It is shown that the first forms of regulation of parliamentary procedural relations appeared at the same time when the first parliaments had started to function.  The author proves that the experiences of the USA and the Great Britain were used for the development of parliamentarism  and formation of parliaments in the states belonging to continental legal family. The author offers to regard parliamentary law as sub-discipline of constitutional law, a combination of legal norms and institutions regulating the relations in the sphere of parliamentary work, as well as the relations in the sphere of functioning of other collegiate elected representative bodies (autonomies, local self-government, self-organizations of people, etc.). The author proves variations among the sources of parliamentary law, discusses the issue of practicability of codification of all of its norms within a set of procedural rules (regulations). Finally, the author discusses a topical issue of a nature of such an act. 
Law and order
Abaturov A.I. - Implementation of the competence of internal affairs bodies in the sphere of establishing, prolongation and termination of post-penitentiary control. pp. 137-163


Abstract: The article concerns topical problems of lowering the amount of recidive crime by establishing administrative supervision as a form of post-penitentiary control towards the persons discharged from penitentiary institutions.  The author provides critical analysis of the existing judicial practice and the mistakes in legal practice regarding documental proof of the need to establish administrative supervision over a person.  The article provides multi-aspect, complex and detailed analysis of the activity algorithm of the staff of the internal affairs bodies on prolongation and termination of post-penitentiary control.  The author expresses a thought that  the activities of the internal affairs bodies on post-penitentiary control should be systemic and they should strive to achieve the goals of administrative supervision, that is, prevention of crimes and other offences by the persons under such supervision, individual prophylactic influence on such persons for the purposes of protection of state and social interests.  The article provides various points of view in this sphere, as well as the opinion of the author.
Human and environment
Khannanova T.R. - Topical problems of objectivization of the state agricultural policy. pp. 164-193


Abstract: Quality and efficiency of the state agricultural policy are defined by its correspondence to the nature of agricultural economy and its objective situation. Due to this fact  the priority goal of the state is to guarantee the symbiosis between subjective and objective elements, elimination of contradictions between them, departure from the negative attitude to natural elements of agricultural economy. Objectivization of agricultural policy of a state as a result of its activities in the sphere of agricultural economy is regards as a process of cognition of objective natural and social patterns.  The modern challenges require the presence of political interest of a state towards the problems of agricultural sector development, and it should be objectivated into growing efficiency and sustainability of agricultural production, as well as improvement of the living standard of people residing in rural areas.  The article includes references to most topical problems regarded objectivization of agricultural policy of a state, as well as the ways to overcome these problems.  The agricultural policy of a state should be renewed and it should become a reliable instrument in hands of state and civil society for the sake of agricultural development, provision of a constructive active impulse for agricultural production.  The state agricultural policy plays an important role in achieving efficient and sustainable agricultural production, and its value should be duly recognized.
Badikov K.N. - Formation and perspectives of psycho-dermal-glyphic studies. pp. 194-212


Abstract: The modern methodology of dermal glyphic studies allows to deal with the psycho-diagnostic issues.Dermal glyphic, morphologic, and nosologic correlations serve as psycho-dermal-glyphic connections. Current state and perspectives of dermal-glyphic studies serve as basis for widening the scope of its vectors and divisions. Formation of the institution of a complex judicial expertise also reflect innovative approaches towards traditional objects of dermal-glyphic expertise. Taking into account the innovative technologies, while holding dermal-glyphic expertises allow to form psychological profiles.  Forensic dermal-glyphic studies  serve a diagnostic vector in trasology and it facilitated widening of its scope by the researchers.  With the development of the methodological basis for the forensic dermal-glyphic studies there appeared psycho-dermal-glyphic studies and psychological  dermal-glyphic studies.  Novel scientific directions are oriented towards uncovering the psychological specific features of persons, who have left their traces at a crime scene.  Various objects and methodologies of the studies allow to deal with different problems.  Psychological dermal-glyphic studies are aimed to establish psychological (behavior-related) specific features of a person.  Psycho-dermal-glyphic studies allow to diagnose psychological conditions and specific features of psychologically sane and pathological personalities, in fact, allowing to control the process of formation of a psychological profile of a person, who has left palm prints at the crime scene.
Makarova T.V. - Typology of terrorism victims. pp. 213-226


Abstract: The article is devoted to the issues of typology of victims of the terrorist crimes. The author discusses contents and meaning of the typology of victims, and of terrorist crimes (terrorism). The typology of terrorism victims is based upon two elements: the degree of interaction between a criminal and a victim and the role of a victim in a crime. Depending on the degree of interaction between a criminal and a victim the author singles out direct and indirect victims.  Depending on the role in a crime the author singles out victims with neutral, co-participating, unlawful, and lawful behavior.  The article then provides characteristics for each of these types.  It separately includes typical composition of any group of accidental hostages.  The composition includes the following victims: impatient, persistent, insensible, subservient, and sympathizing. Finally, the author formulates a conclusion that typology of the victims of terrorist crimes is relative, since some terrorism victims do not fall within one category.
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