Электронный журнал Юридические исследования - №5 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 № 05/2015
Contents of Issue № 05/2015
Airikh V.A. - The peculiarities of organizational, legal and financial provision of the police service work in Germany pp. 1-23


Abstract: The subject of the study includes the typical features of organisational, legal and financial provision of the police service work in Germany. The author considers the issues of administrative and legal institution of reimbursement of expenses related to the activities of the police aimed at the preventive maintenance of public order and safety. The author examines the regional police legislation in order to show particular types of these expenses. The article considers various approaches to assessment of the police levies legality. The methodology of this research is based on the general and special methods: the dialectical method, the system approach, the comparative-legal method, analysis and synthesis. The special contribution of the author consists in the novelty of the study, determined by the fact that the studies devoted to the police work haven't considered the issues of the police levies yet. Negative tendencies of the recent economic development of the country dictate the necessity to focus on the problems of modernization and enhancement of organizational, legal and financial provision of the police service work. 
Dresvyannikova E.A. - Transport discipline and traffic participants' culture as the basis of road safety pp. 24-33


Abstract: The subject of the study includes the issues of formation and condition of transport discipline and traffic participants' culture. The author examines the previously used and the existing state measures of drivers' discipline provision.The purpose of the research is to propose the effective ways of road discipline and culture improvement. The objectives of the study are: a) on the base of the analysis of state measures of road discipline and culture enhancement to identify their main advantages and disadvantages; b) on the basis of the identified deficiencies to suggest the effective ways of road discipline and culture formation; c) to reveal the importance of information and propaganda in the sphere of road safety. The methodology of the research is based on the general and special methods: the dialectical method, the system approach, the comparative-legal method, analysis, synthesis and other methods used in the legal sciences. The author concludes that there is a radical need for road safety enhancement in the Russian society; development of communication means of the road safety issue transmission should gain primary importance. The author offers the measures of information and propaganda work enhancement in the sphere of road safety provision, which should be based on the development of legal awareness of traffic participants.  
Law and order
Sychev D. - Prosecutor in pre-trial proceedings: functional range of activities pp. 34-57


Abstract: The subject of the study is the functional content of prosecutor's activities on pre-trial stages of criminal proceedings, in which of particular importance are procedural oversight and criminal prosecution. The author studies the regulatory framework of the Criminal-Procedural Code of the Russian Federation serving as the means of these functions implementation. The article shows their interrelations and the relations with the main criminal - procedural functions. The author analyzes the range of views on the definition of a prosecutor's criminal - procedural function by other scientists, and offers his own point of view. The main research method is the dialectical method of cognition. The author also uses the comparative legal, the logical-legal and the system methods of cognition. The novelty lies in the comparison of modern scientific attitudes towards the functional range of prosecutor's activities. The author concludes that the function of criminal procedural oversight in criminal proceedings is an imported from the outside state-legal function of oversight and at the same time - the main criminal-procedural function. Special contribution to the study consists in the author's proposals to amend the existing legislation.
Dolgikh I.P., Shebanov D.V. - On the issue of criminological validity of some illegal acts pp. 58-68


Abstract: The article is devoted to one of urgent problems of modern Russia - the issue of criminological validity of certain illegal acts, both criminal and violating the norms of administrative law.The object of the study is the mechanism of influence of the complex of criminological knowledge on the state and development of criminal law and administrative law of torts. The subject of the research consists of domestic and foreign regulations of criminal and administrative law and adjacent branches of law (penitentiary, criminal procedure, administrative procedure) and of specific empirical research conducted by the authors and by other lawyers. The methodology of the research includes the complex of the general scientific and special methods of the social-legal reality cognition. The dialectical method is the main method allowing consideration of the subject and the object of the research in the completeness of their manifestations, taking into account the contradictions and the consequences of their settlement in the process of quantitative changes transition into qualitative ones. The authors use the logical-legal, the historical-legal methods, the method of comparative jurisprudence, the system-structural approach, content- and statical-analysis, and the methods of criminological research. The scientific novelty of the study lies in the fact that it is the first attempt in the conditions of fundamental renewal of criminal law and administrative law of torts to develop the integral concept of criminological determination of two adjacent branches of law - criminal and administrative. Thus the authors have initiated complex development of a new branch of domestic criminology. Special attention is paid to the emerging institution of exemption of administrative liability in Russia. 
International law
Zverev P.G. - Definitions of armed conflict in international law pp. 69-103


Abstract: The article is devoted to the study of definitions of armed conflict, offered since the end of World War II to the present day. The author analyzes treaty and doctrinal definitions, as well as definitions proposed by international and national NGOs. The purpose of the study is, on the base of the offered definitions, to formulate new definitions of international and internal armed conflicts, and to outline the main elements (criteria) of such definitions, allowing them to claim for universality and legal normativity. Special attention is paid to the qualitative criteria, which should form the basis for international and internal armed conflicts definitions.The study is based on the combination of the specific historical, comparative, formal-legal and political-legal methods.The international-legal and the comparative analyses of definitions of armed conflict are made for the first time in Russian legal science. On the base of the analysis of international instruments (Geneva conventions of 1949, Additional protocols to them of 1977), policy documents and projects of international and national NGOs, authoritative opinions of international relations researchers, the author reveals the main criteria that should form the basis of these definitions.
Kurbanov R.A. - Integration processes in Africa: the Niger Basin Authority pp. 104-120


Abstract: The article is devoted to integration processes within the framework of a regional African organization "The Niger Basin Authority." The article discusses the history of its creation; its functioning;its institutional structure and normative acts. The author notes that despite the long period of functioning, different organizational structures dealing with the management of the River Niger have not achieved any significant results. The author draws attention to the low level of integration and the overall low level of activity of the structures of the organization, which, in particular, can be explained by the poverty of the Member States. Another factor of inefficiency of this organization is the nature of loan funds which finance various projects of the organization. These funds are provided by the third donor countries or regional organizations, thus putting the efficiency of this organisation in dependence on them. The Niger Basin Authority is the example of a successful territorial organization on the African continent. 
Anthropology of law
Tsar'kov I.I. - Christian concept of security and a new justice pp. 121-169


Abstract: The article studies the issues connected with the development of a new concept of criminal law in the framework of Christian faith. The author draws attention to the fact that in the conditions of external opposition to Christianity, it has been able to survive and to spread its influence through the creation of a new security concept, which solves the problems of real threats to both the society and the individual. The author notes that on the early stages of development such religious concepts as "salvation", "sin", "redemption" had acquired legal content, and evil was understood as infliction of harm. The author uses the methods of historical interpretation of written sources, hermeneutical methods and the methods of understanding psychology aimed at reconstruction of the horizon of lifeworld of the early Christian culture. The main conclusion of the research is the idea that Christianity reorients interest from the collective security to the individual one, which is a fundamental distinction of Christian concept of security from all previous historical concepts. In other words, Christians insisted that individual security does not depend on the effectiveness of collective security measures, and if the mechanisms of individual security are not developed in the society, it is unpromising to hope for an effective collective security. 
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