Электронный журнал Юридические исследования - №6 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 № 06/2014
Contents of Issue № 06/2014
State institutions and legal systems
Rouvinsky R.Z. - Topical theoretical and legal aspects of the political crisis in Ukraine. pp. 1-11


Abstract: The events, which have been ongoing in Ukraine since December 2013, require comprehensive analysis from the standpoints of political conflict studies, as well as other legal sciences.  The political legal processes, which are currently ongoing in the neighboring state, allow one to have a new look at the definition apparatus, which is applied by the science, being a practical illustration for the theoretical materials, as provided in many generalizing monographs on theory of state and law.  This article is devoted to the theoretical legal analysis of the situation of the Ukrainian political crisis.  The author discusses some fundamental legal causes for the destruction of the Ukrainian statehood, such as the regime of formal legality, denial of sovereignty by the state, priority of particular matters over general ones.  The author pays special attention to the value of imperialism as an actual factor in the modern international politics, and the role of the destructive methods in the modern political process.  The methodological basis for the studies is dialectic.  In the process of writing the article, the author applied problem-categorical approach, systemic method, method of historical and political interpretation of law. The author based the studies upon Hegel's approach towards state and its nature.  The offered article is one of the first works in the Russian legal theory concerning the statehood crisis in Ukraine.  The author formulates conclusions regarding nature of the state and statehood. In the opinion of the author the social order should be whole, and normative zone should be united, and it requires the uniform application of norms, as established by the central government.  Decisions and acts of the state bodies, and the norms of law should be based upon the system of values and ideas, which would be comprehensible and shared by the majority of people in the society.
Transformation of legal systems
Kravets A. - Influence of the ideas of public self-government on the modern understanding and organization of the territorial public self-administration. pp. 12-32


Abstract: The article concerns the evolution of the ideas of public self-government in the traditions of the natural law doctrine, theory of the "free community", public theory, public economic theory, concept of  social law, dualistic theory of local municipal self-administration. The author identifies and distinguishes the terms "public self-government", "self-government", "local self-government", "territorial public self-government". The author provides elements of public self-administration, classifying the organizations based upon public self-government. The author also provides organizational and legal forms of public self-government provided for by the current Russian legislation, discussing the problems of natural public and self-government nature of territorial public self-government.  The article involves methods of analysis and synthesis of the natural law concept and theory of public self-government. The author also applies methods of formal legal and systemic analysis for the development of public administration doctrine  in the early modern and modern periods.  The recognition of natural law categories of justice, equality and freedom, as formed within the concepts of classical authors of philosophy of law and representatives of the public theories of local self-government  by most of the legal systems around the world actualizes and stimulates the growing interest towards the issues of participation of citizens in local self-government. The issues of activation of the public participation in territorial public self-government and improvement of legal regulation of this municipal legal institution become especially topical.
Law and order
Badikov K.N. - Interdisciplinary approach towards the purpose of establishing sex of a person by a singular finger print. pp. 33-49


Abstract: Dermal glyths are constituent parts of the constitutional elements in a human body. Analysis of dermal specificities of the phalengettes of fingers has shown the correlations in the system of "minutia-biochemical processes-sex-nosology". Taking psycho-dermal-glythic connections in the disruptions of the  metabolic processes has allowed to make a conclusion on the value of the certain minutia combinations for defining the sex of a person by a fragmentary finger print. Therefore, fingerprints contain unique individualizing information on the morpho-functional qualities of a person in general, and on his (her) bio-chemical potential. The modern studies show that characteristics of types and kinds of papillary pictures provide identification, as well as diagnostic, psychological and nosologic correlations. In our study the psycho-dermal-glyphic connections based upon the value of specific elements of papillary patterns serve as diagnostic criteria for the individualization of the personality of a person, who has left the trace. Establishing the bio-chemical potential, presence of neuro-endocrine and dermal glyphic correlations, connection and influence of endocrine disruptions on the behavior optimize the psychological profile and allow to widen its scope with the diagnostic information on the sex of the individual and deceases of the endocrine system of women. The finger prints, when evaluated within the context of diagnostics of neuro-endocrine pathology,  form the object of these studies. The methodological basis for the study was formed with the provisions of the dialectic method, systemic approach towards the description of the psychological profile. In order to achieve the goals of the studies, the author used the general scientific research methods (description, comparison), as well as special methods (statistical analysis, differential analysis, singling out and analysis of integral - integrative correlations). The psycho-dermal-glyphic studies form a novel direction in the forensic diagnosis, reflecting integral-integrative correlations of the object (hand print), subject, sex and nosology.  Taking into account the psychogenetic concept that brain is a main neuro-endocrine body, the author has evaluated the correlation between a topological model of the brain structures and the morphology of a finger print (first right, first left) within the context of integrative behavior and specific features of minutia formation, reflecting neuro-endocrine and psycho-dermal-glyphic connections. From the standpoint of innovative approach towards the minutia system, their localization, statistical and morphological peculiarities serve as markers of the neuro-endocrine status of the trace-bearer. Traditionally, the judicial medicine use minutia only for the identification purposes.    
History of state and law
Zurnachyan A.S. - Development of the Armenian law in the early modern period (XV-XVIII centuries). pp. 50-115


Abstract: The article concerns the main monuments of Armenian law, which were created in the early modern period in various states, and which predefined to a great extent the development of modern legal, social and political thought.  The merited representatives of the Armenian communities in many countries in the world have created sources (monuments) of law, which reflected the best elements of national legal culture and the achievements of the leading legal systems of the world. Among the most striking and important monuments of Armenian law one may mention the Astrakhan Armenian Judicial Charter, Trap of Ambition (Vorogait Parats) by Shaamir Shaamiryan, which was the draft Constitution of Armeina and acts of the Armenian court in Kamenets-Podolskiy. The author analyzes the contents of these acts, their structure and role in the life of Armenian community. When writing the article the author used special methods, such as historic legal method, comparative historic method, comparative legal method, formal logical method, systemic method. Appliction of the combination of these methods has allowed for a comprehensive solution in order to achieve the goal of research. The said period of XV - XVIII centuries may be characterized with the large-scale migration of the Armenian people.  The colonies in Russia, India, Ukraine, Poland, Italy and other states played important roles in preservation of the national identity of the Armenians, development of their culture and law. It probably may be stated, that being an important input into the history of Armenian legal studies, the Judicial Charter of the Astrakhan Armenians of XVIII century is at the same time the monument of Armenian law, reflecting the centuries of friendship between Armenian and Russian peoples. The Judicial Charter of the Astrakhan Armenians in fact was applied as one of the local law sources in Russia, thus, having a worthy place within the system of Russian law in the issues of regulation of the relations in the Armenian colonies in Astrakhan, Mozdok, Kizlyar and other places. The Judicial Charter of the Astrakhan Armenians of 1765 was published in 1967 in Armenian language, but it was never translated or published in a full volume in Russian language. For the analysis of the norms of this Judicial Charter the author translated its text into Russian language.  Currently most of the scientists recognize the Trap of Ambition (Vorogait Parats) of Shaamir Shaamiryan to be the draft Constitution of the independent Armenian state.  However, we came to the conclusion that this document is both aimed into the future, and includes many issues, allowing to characterize it as a legal mechanism for the organization of the Armenian national liberation movement of the relevant time and place.  The acts of the court of Kamenets-Podolsk also serve as an important monument of development of the Armenian law. They are the primary sources, as formed in the process of judicial proceedings, and they clearly show the process of application of law in the activities of the judicial body. They reflect the issues of legal regulation of private relations in the Armenian reality of the time. Analysis of these acts allows one to state that Armenian colonies wherever they were organized did not forget their culture and their roots, trying to regulate their life abroad based upon the traditions, law and other principles provided by their ancestors.  
Prizhennikova A.N. - Perspectives of development of the specialized courts in Russia. pp. 116-129


Abstract: The article is devoted to the topical issues of formation and development of the specialized courts in Russia. Within the framework of the judicial reform it is offered to introduce specialized courts. The author provides specific proposals for the amendments of the current Russian legislation on these matters.  The Federal Constitutional Law "On the Judicial System of the Russian Federation" provides for the possibility of institution of the specialized courts (Art. 26). There are two main categories of courts: general courts (courts of general jurisdiction) and specialized courts.  There are several ways for including specialized courts into the judicial system.  The scientific environment lacks an unified opinion on the formation of specialized courts. Some scientists speak against the formation of specialized courts. Others are in favor of formation of the specialized courts.  That is why, this issue remains topical. The author makes a conclusion that specialized courts are necessary. Firstly, the presence of specialized courts is an evidence of democracy in the national judicial system within the framework of the rule of law state.  Secondly, formation of the specialized courts shall facilitate the improvement of quality of judicial decisions, less mistakes in the judicial sphere, and wider scope of judicial protection for the citizens.  The criteria for the specialization of the courts may be based upon the object, subject, procedural form, specialized (legislative) basis for the issues of regulation of specialized courts. The author responds to the question whether Russia needs specialized courts.
Kabanov P.A. - Organization and implementation of the departmental control over the implementation of the state policy in the sphere of fighting corruption in the regions of the Russian Federation. pp. 130-145


Abstract: The object of studies concerns the organizational issues of implementation of departmental control over the implementation of the anti-corruption policy in the regions of the Russian Federation. The goal of the studies is to evaluate the current mechanisms for the departmental control over the implementation of the anti-corruption policy in the regions of the Russian Federation. The goals of study involve description of the main models of departmental control over the implementation of the anti-corruption policy in the regions of the Russian Federation, evaluation of efficiency of departmental control over the implementation of the state policy in the sphere of fighting corruption, propositions for the improvement of the system of departmental control over the implementation of state policy against corruption in the Russian regions. The methodology of studies involves dialectic method for the scientific cognition of the social events and processes, as well as the general scientific methods, which are based upon it (analysis, synthesis, comparison), as well as some other methods employed in the humanities. Scientific novelty of the research is due to the fact that the author for the first time evaluates the phenomenon of departmental counteraction to corruption in the constituent subjects of the Russian Federation.  The author describes the main types of such control (internal and external anti-corruption audit, anti-corruption audit of the personnel). The author proposes the measures for the improvement of the departmental control over the implementation of the state policy against corruption in the Russian regions.
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