Электронный журнал Юридические исследования - №1 за 2014 год - Содержание, список статей - ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 01/2014
Contents of Issue № 01/2014
Law and order
Buyukli V.I. - Subject dimension of the function of protection of rights. pp. 1-18


Abstract: The goal of this article is to analyze the phenomenon of protection of rights within the context of possible and obliged subjects of its implementation. The author establishes the possibilities for public, commercial, and power-based protection of right, singles out regional and municipal mechanisms within the latter. At the same time, the author studies relevant doctrinal concepts, characterizing the degree of acceptability of the leading theory of law-enforcement activities in the post-Soviet territory. The author makes a conclusion that the subjective element of protection of rights has unseparable link with the public government. The state societies have the state performing this function, and it may delegate the relevant competence to its bodies, officials, the superstate, regional or municipal structure, civil society, commercial structures, while retaining the right to control and regulate the relevant mechanisms through the system of normative, cadre, material and financial measures of influence. It is states that protection of rights becomes a public service, which the government provides for the society within the framework of the social contract, and the level of state elements in the practical implementation of protection of rights is due to the general civilization level of the society, and the degree of apprehension and appreciation by the society of requirements of the positive law system, as protected by the government. The key issue of practical implementation of protection of rights is de facto activities of  competent officials, based on their motivation and the level of meeting hte demand to the service of protection of rights in the society.
Authority and management
Borisenkov A.A. - Provisions of the current Russian Constitution on power. pp. 19-44


Abstract: The article contains analysis of the ideas of public power and its role in the system of state and society according to the text of hte current Russian Constitution. The methodology of studies is based upon the knowledge of nature of public power, types and means of its existence, specificities of its use, its correlation and interactions with its types, such as political power and state power.  The novelty of the study is due to defining the public power and substantiating the need to distinguish various types of power within the state system, in discussing the value of these types of power for the public government. The author formulates the provision that any public power is by its nature an institutionally formed social force. It is stressed, that use of public power is not possible, unless the power competence is obtained. It is noted that within the state administration system there is implementation of both the state power and the political power. The author substantiates the inseparable link between political power within the state system and its political institution, forming the state superstructure, as well as executive nature of state power and its nonseparability from the executive institutions of the state. Finally, the author refers to the need to improve the contents of constitutional articles regulating some aspects of public power.
Human and state
Dolgikh I.P., Chernyaev G.M. - On legal elements of the nationality issue. pp. 45-53


Abstract: The article is devoted to one of the topical problems of modern Russia - the practice of identifying and reflecting in normative legal acts and other documents, proving the legally relevant facts the nationality of a citizen of the Russian Federation. In spite of the fact that when the Constitution of the Russian Federation of 1993 was adopted, it seemed that the issue of the complex of rights related to the national identity of a person was resolved, the topicality of current scientific discussions on identity of a person due to him belonging to a certain ethnos makes us analyze the relevant norm of the Basic Law more and more scrupulously. The Russian legal doctrine lacks a uniform methodological approach to the interpretation of constitutional provisions on the right of citizen to identify and to reflect his national identity.  Having analyzed the various approaches to the issue, the author evaluates the problem through the prism of legal practice. The novelty of the article is due to the way the problem is set and to the method of its resolution. The author pays attention to the issues which were not duly studied previously. The type of the article is a problem-oriented theoretical article. The methods are traditional. In the process of studies the author makes a conclusion that the constitutional provisions on the right of a citizen of Russia to identify and reflect his national entity is currently implemented incompletely, since some provisions of by-laws are not in correspondence with the Constitution.  The author proposes specific solutions to the problems, which are aimed at improvement of the legislative basis regulating the issues of public national policy.
Anthropology of law
Gulyaikhin V.N. - Archetypes of legal conscience within the system of personal legal culture. pp. 54-74


Abstract: Lately the researchers pay more and more attention to the problem of legal conscience, which depending on its contents and structural components may serve as basis for the institutionalization of innovative legal values and conservation of traditional legal institutions in the society. The interest of scientists to the psychogenous sources of legal culture allows them to establish its basic qualities.  The article studies archetypes of legal conscience at the psychogenous level of collective nonconscious and personal nonconscious. In their combination they form the psychosocial basis for the legal culture of a person.  The article includes methodological provisions for the theory of nonconscious by Carl Jung in order to establish role and functions of archetypes within the system of legal culture.  The author makes a conclusion that the archetypes of collective unconscious fit within the modern "market" model of legal culture, while the system of ethnic cultural archetypes of people are transformed under the influence of globalization. The author offers a concept for the archetypes of legal conscience of a person, allowing for deeper and more precise evaluation of the modern forms of legal culture.
Practical law manual
Zvyagin V.N., Galitskaya O.I., Fomina E.E. - Program diagnostic complex "grade-rec": biometric sorting and reconstruction of destroyed corpses in emergency situations. pp. 75-85


Abstract: The natural and technogenous catastrophes, terrorist acts  have numerous victims. The possibility for the identification of the dead is usually dependent upon the level of destruction of the corpses. This principle serves as the basis for the judicial medical sorting in emergency situations. The final aim of sorting is to establish which of many various fragments belong to corpses of specific persons.   Reconstruction of destroyed corpses by their parts has humanitarian and religious value in addition to expert practical importance. Success of body part sorting (either direct or computer-based "assembly" by separation planes and anatomic property) depends on lack of significant corpse fragmenting and limited number of victims.  In most other cases this target is achieved after laboratory studies, and not in real-time mode. Based on above-mentioned issues, the topical problem for the judicial medical expertise at the focal point of the emergency situation is practical introduction of the specialized program diagnostic complexes, allowing to automatize the process of sorting of destroyed corpses and to restore their entirety and to form an electronic database on group and individual personal characteristics.
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