Электронный журнал Юридические исследования - №11 за 2015 г. - Содержание - список статей. ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 11/2015
Contents of Issue № 11/2015
Human and state
Chornovol E.P. - Periodization of evolution of the rehabilitation of the victims of political repressions as a legal institution, a process and a theory pp. 1-94


Abstract: The subject of the research is the range of problems of definition of periods of the formation and development of a political institution, a process and a doctrine of the rehabilitation of the victims of political repressions. Special attention is paid to such aspects of the topic as the initiation, the ways and the goals of the rehabilitation of the victims of political repressions in Russia in the Soviet, the post-Soviet and the contemporary periods of history; the revelation of its character; the legitimation of the forms of rehabilitation by the law, and the reflection of the essence of the rehabilitation of the victims of political repressions in the legal doctrine. The author studies the social and legal phenomena of a legal institution, a process and a theory of the rehabilitation of the victims of political repressions from the positions of dialectical materialism.  The author takes into account the political factors and the practical actions of the state in the period from March 1935 till the present time, and depicts the process of the rehabilitation of the victims of political repressions as a model of a sinusoid which reflects its dialectics in line with the decisions of the Communist Party of the Soviet Union and the adopted legal acts of the Soviet period or the legal acts of Russia of the post-Soviet period in compliance with the change of the mentality of the country’s political regime and the international situation.  The author outlines eight stages of the historiography of development of the legal institution of the rehabilitation of the victims of political repressions, taking into account the legitimation of its norms in the particular legal acts whose regulations define and extend the categories of the rehabilitated subjects and establish the extended guarantees of their rights protection. The author studies the essence of the concepts of rehabilitation proposed by the scholars with consideration for the dependence of the Russian historiography on the socio-political situation in the country and the needs of information support of these processes whose essence and orientation had been defined by the Soviet party and government and the bases of deideologizing  in the post-Soviet period, and outlines three periods of theoretical understanding of the rehabilitation of the victims of political repressions. 
State institutions and legal systems
Agapov I.O. - On the issue of lobbying regulation in Australia pp. 95-104


Abstract: The subject of the research is lobbying activity in Australia and the way of its legal mediation. The author provides a brief historical review of the legislative initiatives of the Parliament of the Commonwealth of Australia aimed at the regulation of public relations between public officers and the representatives of private interests. The author focuses on the national peculiarities of the Australian scheme of regulation of lobbying relations which manifest themselves, primarily, in the form of unification of norms regulating the activities of “mercenaries” – the code of conduct. The author briefly analyzes the existing acts adopted in different periods of time by the states of Australia. The author applies various general scientific and special research methods, namely the historical, logical, systems-structural, formal-logical methods and others. The novelty of the research lies in the revelation of another national way of lobbying regulation which can be added to the collection of actively studied models of legal regulation of lobbying: American, Canadian, British, German, “European”. Australian experience shows that it is not necessary to issue a special law to regulate lobbyism. 
Transformation of legal systems
Zheldybina T.A. - Contemporary lawmaking changes: pros and cons pp. 105-118


Abstract: The subject of the research is the range of problem aspects of lawmaking as a legal phenomenon. The author reveals the positive and negative sides of the contemporary lawmaking changes, outlines the range of the most urgent problems. The leading idea is the idea of legal globalization. The article shows the importance of interrelation of the national and supranational legislation and the process of implementation as a necessary component of the national lawmaking improvement. The author offers the solutions for the tasks of the modern Russian lawmaking. The author applies the dialectical method of cognition, the system-structural, comparative-legal, formal-logical, historical and logical methods. The novelty of the research lies in the definition of the range of the considered issues. The author analyzes lawmaking as a legal phenomenon. The study attempts to understand the key problems of the contemporary lawmaking process and the ways of their solution in the nearest future taking into account the development of legal globalization. 
Law and order
Komarov A.A. - Methodological problems of components selection for the calculation of the cost of Internet-fraud pp. 119-132


Abstract:  The article studies the methodological grounds of the criminological indicator “the cost of crime” with regard to such a phenomenon as Internet fraud. The aim of the research is to outline the optimal mathematical parameters of the negative social consequences of crimes. The main tasks are: to substantiate the theoretical possibility of quantification of negative social consequences of a qualitative character; to substantiate the practical reasonability of the calculation of the cost of crime; to include the sum of individual aspects of the direct and indirect damage into its composition; to evaluate the possibility of application of the approved methods with regard to Internet fraud and the damage caused by it. The task is achieved by means of the analysis of the approved methods of calculation of the cost of crime in the contemporary scientific theories. The main result of the research is the cumulative conclusion about the existence of the objective difficulties of the development of a unique (for the Russian criminology) methodology of the cost of Internet fraud calculation. Practically the necessary methodology can be developed right now, if we mean only property crimes. But the systemic character of the Russian criminology requires the development of an integrated theory of the cost of crime which can be applied to the whole complex of committed crimes. 
Теория и философия права
Kulikov E.A. - Law interpretation measure: problems of history pp. 133-158


Abstract: The subject of the research is the range of regularities of interaction between the category of measure and such an important component of legal regulation of public relations as law interpretation. On the base of the theoretical and legal understanding of measure formulated in the previous studies, the author considers the displays of measure within the interpretation of law and reveals the components of the measure of this process on the base of the analysis of special literature. In addition, the author analyzes the ways of interpretation of law, the types of interpretation and the approaches to classification. The main research method is the formal-legal method. The author also applies the generalization of judicial practice, analysis and comparison of views on the problem, and the study of the categories of dialectics. On the basis of the research, the limits of law interpretation and its general measure can be defined as the existing in the whole legal system of the society basic grounds, ideas and principles, conditioning the existence and development of all legal phenomena, getting into its regulatory system. The understanding of law as a measure of public life can be considered as one of such limits which helps formulating the requirements to its form and content. 
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