Электронный журнал Юридические исследования - №1 за 2015 год - Содержание, список статей - ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 01/2015
Contents of Issue № 01/2015
Dolgikh I.P. - Should administrative responsibility condonation exist in the Russian Federation? pp. 1-15


Abstract: The research is devoted to legislatively adjusted and factual (non-adjusted) social relations, which appear during the process of the Code of Administrative Offences of the Russian Federation application, and provide for the grounds and the order of administrative responsibility condonation, and the principles of the institution of condonation emergence and development. The subject of the research is the institution of administrative responsibility condonation in various aspects: historical, theoretical, legislative and law-enforcement, as a detached complex of regulations of administrative-tortious legislation, which regulates the homogenous type of social relations. The research also concentrates on judicial practice reproduced in the materials of administrative delinquencies cases, theoretical ideas and scientific studies of the above-mentioned problems. The methodology of the research is based on the dialectical method of reality cognition and the complex of general scientific methods (logical, historical methods, method of process from the abstract to the concrete) and special scientific methods of cognition (comparative jurisprudence, statistical, system-structural analysis, statutory interpretation and others). The originality of the research is based on the fact that this article is one of the first complex interdisciplinary studies of urgent theoretical, legislative and law-enforcement problems of the institution of administrative responsibility condonation, which had been carried out on the base of existing legislation in the sphere of administrative delinquencies. The article contains a wide range of new theoretical and practical scientific provisions, conclusions and suggestions, which are very important for the theory of administrative-tortious law. 
Трудовое право
Eseva E.Y. - Russia and international law: collisions and perspectives pp. 16-21


Abstract: The article is devoted to consideration of the Russian legislation in the sphere of employment law of foreign nationals. The research is carried out on the example of a foreign national who has an international driving license issued by a foreign state and a profession of a driver, and tries to get a job of a driver in the Russian Federation. The article analyzes the existing regulations of the Russian labor and administrative law in this sphere in the context of their correlation with the regulations of international law, which had been ratified by the Russian Federation. The author uses the general scientific methods of cognition, such as the comparative method, the historical method, analysis and synthesis. The author reveals discrepancy between the regulations of the Russian law and the regulations of international law. In the conclusion the author offers two ways of solution of this problem: either bringing of the Russian legislation to conformity with the international one, or the Vienna Convention “On Road Traffic” denunciation. 
Теория и философия права
Kodan S.V. - S.S. Alekseev about systematization in law (in commemoration of the 90th Anniversary) pp. 22-38


Abstract: The article considers S.S. Alekseev’s juridical ideas and studies his works. The main subject is Alekseev’s understanding of systematization of law. The author studies various notions developed by S.S. Alekseev, such as “codification”, “incorporation”, “consolidation”, etc. The article considers the Alekseev’s classification of varieties of ways and forms of systematization in law, its goals and social function. Alekseev’s approaches to the understanding of essential characteristics, forms, and types of systematization in law serve as a methodological base for this phenomenon study. They allow further studying of this subject both in theoretical and historical-juridical directions. The study of this sphere in the theory of law is of a big application-oriented meaning in the context of reforming and development of the modern Russian legislation. 
Kulikov E.A. - On the issue of a notion “legal liability grounds” pp. 39-46


Abstract: The article considers the questions of legal liability grounds. The author notes that today there is no common understanding of legal liability grounds in the sphere of general legal theory and theory of legal liability, since the research has been carried out strictly in the field of criminal law. This article is a theoretical, philosophical and interdisciplinary study of the issue of legal liability grounds. From a philological position the author studies the notion of grounds. The author considers juridical, factual, philosophical and social grounds. The author uses the juridical dogmatic, historical-legal methods, the method of interpretation of law. In addition the author uses general scientific philosophical methods. The author makes an attempt to enlarge the list of legal liability grounds, and explains this enlargement. The author offers the definition of legal liability grounds on the base of philosophy and linguistics achievements. The article raises a problem of necessity of the whole variety of legal liability grounds revelation, since the lack of at least one of them undermines legal liability legitimacy. 
Academic life
Kirikova A.A., Abakumova E.V. - Direction of development of Russian civilistical studies in the sphere of consumer rights pp. 47-55


Abstract: The subject of this research is the analysis of scientific studies in the sphere of consumer protection, which are devoted not only to general theoretical aspects of the problem, but also to its specific spheres which fall under the of force of law of the Russian Federation “On consumer protection”. The authors report statistical data about the research in the field of consumer protection. This analysis had been held in historical perspective. The article shows the changes in the amount of research in this field. The authors are the first who systematized scientific works in the sphere of consumer protection according to various criteria in the particular period of time (2013 – 2014). The authors had used the methods of analysis, synthesis, the formal-juridical and chronological methods of scientific cognition. The authors had come to the conclusion that the studies in the sphere of consumer protection are of a very dynamic orientation. Moreover, it is significant that consumer protection, as a subject of a scientific research, is of a big interest not only for legal scholars, but also for specialists in other scientific spheres. 
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