Электронный журнал Юридические исследования - №7 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 № 07/2015
Contents of Issue № 07/2015
Abaturov A.I. - Legal qualification of organization of and participation in strikes by prisoners (disciplinary liability) pp. 1-8


Abstract: The subject of the study is a range of social relations arising in the process of preventive influence on persistent violations of the established order of service of sentence in the sphere of labor relations in penitentiary institutions of Russia. The author considers the actual problems of disciplinary responsibility imposition on convicts serving a criminal sentence for organization of strikes. Particular attention is paid to the role of the convict-leader, who is a separate object of preventive measures taken by the personnel of a penitentiary institution. The methodology of the research is based on the dialectical method of cognition of reality. The author also uses the general scientific and the special methods of cognition: the comparative legal method for the analysis of the new and the previously existed criminal regulations and penitentiary legislation; the statistical method for the analysis of the statistical data for the period from 2000 to 2013. Special contribution of the author consists in the fact that this research has an important theoretical role and can be applied in the sphere of organization of work of the personnel of penitentiary institutions. The paper presents the characteristics of the problems in the field of study, develops the theoretical basis for the improvement of the functional mechanism of structural units of correctional institutions aimed at the prevention of unlawful acts by convicts, declared persistent infringers of the established order of service of sentence.
International law
Zarubin I.S. - International-legal positioning of the institution of exhibition, fair and congress activities in international legal relationship pp. 9-34


Abstract: The subject of the research is the range of problems in the sphere of international-legal regulation of exhibition, fair and congress activities within the system of the modern international (public) law in general. The object of the research is the set of public relations emerging in the process of cooperation between the world community member-states in the course of legal regulation of the institution of exhibition, fair and congress activities from the viewpoint of international public law. The research is based on the general scientific method of study of the regularities, the appearance, formation and development of international-legal phenomena, in combination with the comparative-legal, historical, structural-logical and deductive approaches. The novelty of the research lies in its very theme which is considered in this formulation for the first time. The paper presents the legal problems of international-legal regulation of exhibition, fair and congress activities from a new scientific perspective. 
Agapov I.O. - On the issue of creation of a system of lobbyists compulsory registration in the EU pp. 35-51


Abstract: The object of the research is a range of social relations emerging between the EU institutions and the representatives of various interests. The author studies the modern condition of lobbying regulation in the EU, reveals the problems of European legislators, and offers the ways of their solution. Moreover, for the first time in Russian bibliography, the author attempts to substantiate the necessity of creation of lobbyists compulsory registration by means of the doctrine of implied powers containing in the international law, and the doctrine of the nature of things (Natur der Sache) which is used in Germany. The author uses various methods, such as the historical method, the logical and the formal-juridical methods. The author holds an independent research of the problem of legal base of legislative regulation of lobbyist activity in the EU, outlines several variants of further actions of the EU for the creation of a compulsory lobby register. The author concludes that the problems which the EU bodies face in the course of creation of a model of legal regulation of lobbyist activity are not of a legal character but are determined by the resistance of the opponents of transparency increase in the European decision-making process. 
Anthropology of law
Gulyaikhin V.N. - Legal thinking and educational process pp. 52-92


Abstract: The article is devoted to the assessment of the role of legal thinking as a regulator of a person’s social behavior, and to the question of determination of its importance for educational process. As an object of the research legal thinking is considered as a cognitive and value-semantic component of legal conscience. It is characterized by egocentrism, and is influenced by socio-cultural values prevailing in the society. Legal thinking is often enclosed into an archetype matrix of the legal unconscious, is disposed to formalization and standardization and, both indirectly and directly, functions as a regulator of social behavior. As the methodological base the author uses the theory of social ideas of S. Moskvichi and the concept of thinking activity of G.P. Shchedrovitskiy. The author outlines five main functions of legal thinking: formation and development of normal legal consciousness, understanding, explanation, presentation and interpretation of the phenomena of legal reality, adaptation of new knowledge to the existing system of legal ideas; mediation, determination and regulation of legal relations and social behavior, semantic synthesis. The author concludes that deeds and actions legality dependence on the level of thinking (high or low) is not of a cause-and-effect relation character. 
Practical law manual
Kuznetsova E.I. - The problem of use of the superlative degree in advertising: the review of judicial practice of Russian courts pp. 93-105


Abstract: The article considers the issues of legislation observance in the sphere of advertisement compliance with the requirement of credibility of information about the advantages of the advertised goods over other goods. The analysis of judicial practice shows that this issue is rather controversial and is solved by courts in different ways. Thus the article also deals with the issue of the criteria of advertisement if the advertised product is endowed with such categories as “the best”, “the first”, “number one”, etc. The consideration of the mentioned problems is especially important for law-enforcement practice of commercial subjects promoting their goods and services. The author outlines the criteria which are positively and negatively taken in judicial practice of Russian courts considering the cases of use of the superlative degree in advertisement, their analysis and consideration of specific examples from the recent judicial practice. 
Теория и философия права
Kulikov E.A. - On some manifestations of the category of measure in Russian civil law pp. 106-119


Abstract: The author attempts to analyze some manifestations of the category of measure in civil law. Measure, as a philosophical category of the connective “quantity – quality – measure”, penetrates all legal phenomena and, consequently, has its manifestations in civil law. The article describes the phenomena of the limits of civil rights implementation, the abuse of rights, the notion of a treaty, the principle of freedom of a treaty, and analyzes the problem of the limits of freedom of a treaty. The author concludes that the universality of measure and its categorical character are as salient in civil law as in criminal law. The research is based on the dialectical method which includes the teaching about dialectic categories. Moreover, the author uses the general scientific methods of analysis, synthesis, abstracting, comparison, and the special scientific methods such as the formal-logical method and the method of explanation of the law. The author concludes that the general measure of rights and responsibilities implementation, balancing the measure of freedom of a treaty, is the principle of combination of the letter and the spirit of the law in explanation of the norms of the law. Substantiation of this principle means that the legal positivist grounds are moderated by the grounds of sociological jurisprudence. The understanding of a right as a measure which is typical for both types of legal understanding doesn’t help to reveal a contradiction in this situation but proves that only the combination of approaches to the law can help to evaluate its genuine essence as a living and acting regulator of social relations.
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