Электронный журнал Юридические исследования - №1 за 2016 год - Содержание, список статей - ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 01/2016
Contents of Issue № 01/2016
Transformation of legal systems
Kireeva A.V., Zolotareva A.B. - Legal Models of State-Private Interaction in the Educational Sphere pp. 1-17


Abstract: The article analyzes the problem of lack of preschool institutions and studies the regional practice of applying various models of state-private partnership in the sphere of preschool education. The authors outline three basic models of state-private interaction in the sphere of preschool education, based on concessions, state-private partnership agreements, and state-private interaction according to the model “Building-Sad” (“Building-Kindergarten”), which doesn’t entirely correspond with the concept of state-private partnership. In order to reveal the advantages and disadvantages of the applied models of state-private interaction, the authors use logical, systems and statistical analysis. The results of the research demonstrate that involvement of private partners per se doesn’t guarantee budget resources saving. In the process of joint projects realization it is usually achieved by means of shifting the part of costs onto the consumers, or at the expense of loss of quality. The authors prove that under condition of shortening kindergarten wait-lists, the share of services of preschool institutions can be increased only by means of fiscal stimulus. 
Law and order
Kulikov E.A. - Social Danger of a Deed as the Main Attribute of a Misdeed pp. 18-48


Abstract: The article is devoted to social danger as the most important attribute of a deed, which helps qualify it as a misdeed. The author analyzes legal definitions, existing in the current Russian legislation, and outlines the legal attributes of this phenomenon. The author substantiates the idea that social danger is an attribute of any misdeed, not only of a crime, and argues the thesis that “social danger” is the most appropriate formulation of a material attribute of a misdeed. The author defines the content of the required attribute, applying the interpretations of the Plenum of the Supreme Court of the Russian Federation (in their development from 1999 till 2015) and the achievements of the science of criminal law. The author applies the methods of formal logic, interpretation of law, comparison, generalization, abstraction and legal narration. First of all, the author analyzes the provisions of the Decree of the Plenum of the Supreme Court No. 58, adopted on December 22, 2015, “On the Practice of Awarding Criminal Punishment by the Courts of the Russian Federation”, related to the study of the character of social danger of a deed; compares the Plenum’s interpretations of the mentioned attributes of social danger in the previous and the new decrees. The author substantiates the opinion about the dual objective-subjective character of social danger of a deed and about the fact that the existence of such an attribute allows considering the misdeed as a socio-legal phenomenon. The author proposes the working definition of a misdeed. 
Komarov A.A. - On the Issue of Feminization of Crime pp. 49-64


Abstract: The research object is the phenomenon of female criminality in contemporary Russia. The author analyzes the dynamics of female crime since the adoption of the current Criminal Code of the Russian Federation. The author reveals qualitative and quantitative characteristics of female crime in the contemporary society. The author pays attention to feminism and its analogue in the criminal sphere. The main research thesis is the assumption that, taking into account the increase of women’s social activity in all spheres, their criminal activity also should increase. Moreover, there should exist a special movement for women’s “rights” in the criminal sphere. The research methodology is based on various social theories about the increasing role of women in different social processes. On this basis the author carries out statistical analysis of the data on the condition of criminality in Russia. The study confirms the thesis about the peculiarities of women’s socialization mechanism which prevent their involvement in the sphere of marginal criminality. The author supposes that this phenomenon is a result of the system of values which form the basis of the traditional patriarchal society. These factors restrain female criminality. The author points out the negative consequence of feminism which equalizes women in rights with men in their social roles, thus making female crime similar to male crime. 
Anthropology of law
Gulyaikhin V.N. - Alternative Models of Legal Socialization of a Person: Choosing Axiological Maxims pp. 65-84


Abstract: The article focuses on the processes of legal socialization,influencing the choice of axiological maxims, which determine social behavior of a person. Special attention is paid to alternative models of socialization, humanistic and authoritarian, which serve as development determinants for value and sense systems of public conscience. The author analyzes the problem of a socializing person, which is connected with the questions of forming a system of socio-legal values, behavioral patterns and guidelines of public leaders, who establish specific legal relations with their followers determined by the purpose of their activity. The research methodology contains Erich Fromm’s theory about two kinds of ethics (humanistic and authoritarian), and the theory of legal socialization by Sh. Kurilski-Ozhven, who considers the degree of a person’s knowledge of progressive elements of socio-legal life as a criterion of socialization efficiency. The author concludes that the humanistic model of legal socialization forms a rationally thinking person, who is able to determine the criteria of his or her actions independently, and promotes the person’s true existence, while the authoritarian model challenges the human’s existence, inciting him or her to a false existence, depriving the person of freedom, right of rational choice and ability to think independently. For both social progress and formation of a human being as a personality, the domination of humanistic values in public conscience is a necessary precondition. 
Babich I.L. - Blood Feud in Northwestern Caucasus: History and the Present pp. 85-121


Abstract: On the base of the archive and field materials the author of the study demonstrates the evolution of the tradition of blood feud as a part of the mountain adat in the life of Adygs, one of the large peoples of the North Caucasus. The author describes the factors which influence the changes of their life. The research covers the period from the 18th century till the 2010s, including three historical periods: the period of the Russian Empire, the period of the USSR and the period of post-Soviet Russia. The research is based on the archive materials of the Central State Archive of the republic of Kabardino-Balkaria and others, and on the field ethnographical materials of some North-Caucasian republics. The author applies the narrative method to analyze the collected materials. The author comes to the conclusion about the significant development of blood feud as a legal institution of Agygs in the 19th century. Firstly, it hadn’t always been carried out according to the talion law, i.e. equal damage. Secondly, blood feud had often been limited to immediate relatives. Thirdly, the new factors had appeared in blood feud, which influenced its development, e.g. ties of relationship and class. Fourthly, the ideology of post-reform Adyg community had in many respects changed its guidelines. In the late 19th century the role of personality traits of the participants of the conflict significantly rose. The author supposes that blood feud as a form of social control transformed into one of the forms of relationships between the community members. In the Soviet period blood feud became, on the one hand, more politicized, on the other hand, more personalized, and lost its group character, which had characterized it during the previous centuries. During the 1990s – the 2010s blood feud was again used as a response to the escalation of a conflict. It was conditioned by the new socio-economic and social and political circumstances, typical for post-Soviet Russia. 
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