Электронный журнал Юридические исследования - №8 за 2014 г - Содержание, список статей. ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 08/2014
Contents of Issue № 08/2014
State institutions and legal systems
Kravets I. - Judicial guarantees of Constitution and presidential constitutionalism. pp. 1-35


Abstract: The article concerns approaches to the modern understanding of constitutionalism as a legal matter, correlation of constitutionalism and judicial guarantees of the Constitution, interrelation between the concept of supremacy of the Constitution and means of guaranteeing constitutional norms, role of the President as a political guarantor of the Constitution, formation of the presidential constitutionalism in Russia, compatibility of constitutionalism and the strong state. Attention is paid to the limitations to the judicial guarantees of the Constitution within the legal system of the Russian Federation, rise of the President as a political guarantor of the Constitution for the purpose of implementation of the goal provided in the Constitution of the Russian Federation, which is the formation of the rule of law state. The article involves the principles of comparative and systemic analysis, constituional projection and critical evaluation of efficiency of constitutionalism and the means of guaranteeing the supremacy of the Constitution.  The articlee includes evaluation of the ideological sources of the modern understanding of constitutionalism, means of guaranteeing the constitution and their constitutional enshrinement and correlation within the doctrine and practice of modern Russian constitutionalism and constitutional justice. The author discusses the dominant features of presidential constitutionalism in Russia, uncovering the gaps and defects of the current legislation in the sphere of guarantees of constitutional norms and formulating proposals for the improvement  of constitutional legislation and legislation on constitutional justice.
Transformation of legal systems
Kabanov P.A. - Legal means of formation and guarantees of implementation of the state policy in the sphere of fighting corruption in the constituent subjects of the Russian Federation: some issues of quality improvement. pp. 36-47


Abstract: The object of studies involves legal means of formation and guarantees of the implementation of the state policy in the sphere of fighting corruption in the constituent subjects of the Russian Federation. The goal of studies is finding optimum legal means for the formation and implementation of the state policy in the sphere of fighting corruption in the constituent subjects of the Russian Federation. The targets of the study involve analysis of the practice of legal regulation of the instruments in the sphere of fighting corruption in the constituent subjects of the Russian Federation, development of recommendations for the legal regulation of the instruments against corruption at the regional level and organization of this type of activities. The methodological basis involves an universal dialectic methodology of cognition, as well as some general and specific scientific cognition methods (comparative legal studies, analysis, synthesis). Scientific novelty is due to the fact that for the first time in the Russian legal science the author evaluates  legal means for the formation and guarantees of implementation of the state policy in the sphere of fighting corruption at the regional level. The practical value of the study is due to the development of proposals for the legal regulation of the main instruments against corruption in the constituent subjects of the Russian Federation and the main organizational legal means for the improvement of efficiency of such means.
Договор и обязательства
Tokareva K.G., Almaeva Y.O. - Legal nature of public enterprises. pp. 48-59


Abstract: The article concerns norms of current Russian civil and corporate legislation regulating specific features of legal status of open and close joint stock companies and joint stock companies of workers (public enterprises), producing co-operatives, legal practice regarding application of the Federal Law of December 26, 1995 N. 208-FZ "On Joint Stock Companies", Federal Law of July 19, 1998 "On Specific Features of Joint Stock Companies of Workers (Public Enterprises)", as well as the positions of legal scholars on these issues. The article involved comparative legal, logical and descriptive methods, as well as the method of systemic structural analysis. It is well-known that public enterprises are regulated by the current Russian legislation regarding close joint stock companies .However, over-regulated nature of many issues and legal dubiousness  of some provisions of the Law on Public Enterprises cause criticism of the legal construction of public enterprise in specialized legal literature, raising the issues of legal nature of these enterprises. The intermediary position between a joint stock company and producing co-operative call for the studies of this organizational legal form of a commercial organizations and questionning of its independence.
Anthropology of law
Gulyaikhin V.N. - Legal education of a person as a process of formation of values and meanings component of legal conscience. pp. 60-79


Abstract: The article is devoted to the analysis of the axiological problems of legal education. The author characterizes legal education as a complicated dialectic process of formation of values and meanings system of legal conscience, involving important cognitive, motivation and will-related components. While a cognitive element is a system of moral forms developed by a person, which were formed as a result of cognition, reflexion and moral search, the motivation and will component is characterized by an individual motivation, subconscious positions, habits and quality of his will. The author pays special attention to the role of legal reflextion within the development of the system of value orientations and meanings within the framework of legal conscience. The methodological basis for the studies of the problems of legal education of a person is formed with the principles of dialectics and fundamental provisions of activity theory. The main function of legal education of a person is formation of values and meanings component of legal conscience.  It is an important component of legal socialization. Reflexion is efficient for the formation of the values and meanings orientation inevitably leading the subject to critical analysis of the existing social and legal values and positions. It facilitates formation of a personal position regarding resolution of topical problems in the legal sphere. 
Sergeev D.B. - Methodology of constitutional legal studies (based upon an example of analysis of PhD theses on constitutional law). pp. 80-86


Abstract: Methodology of legal studies is regared by an author as a matter defining the philosophical basis for the scientific work, involving general scientific cognition methods, logical constructions, means of cognition being dominant in the relevant scientific branch, and also most widespread within specific sections of a branch of scientific knowledge, as well as theoretical methodological and doctrinal methodological aspects of scientific cognition specific for the particular scientific research  due to object and immediate object  of studies, the goals of the scientist, and the environment in which he works. The article provides comparison of the main approaches of the Russian scientists towards defining the methodology of constitutional law and contents of methodological divisions of PhD theses on speciality 12.00.02 - constitutional law, judicial constitutional process, municipal law, which were published in 2014 at the website of the State Commission for Academic Degrees and Titles under the Russian Ministry of Education. In the opinion of the author the legal scholars, and more specifically constitutional legal scholars usually do not provide in-depth analysis of methodology of their studies, instead they have to concentrate upon the analysis of the numerous legislative amendments in  the situation when the state does not pay sufficient attention to the development of legal science.
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