Электронный журнал Юридические исследования - №10 за 2017 год - Содержание - список статей - ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 10/2017
Contents of Issue № 10/2017
Shigurov A.V. - Closed procedure of the jury formation during the preparatory part of court proceedings: critical analysis pp. 1-10


Abstract: The research subject is the rule of closed procedure of the preparatory part of court proceedings at the stage of the jury formation. The author studies legal regulation of this sphere in the Criminal Procedure Code of Russia, the RSFSR and legislation of foreign countries (the USA and Spain), and the judicial practice of realization of this rule according to the Criminal Procedure Code of Russia and the RSFSR. The article analyzes the procedure of formation of the jury from the position of the need to close it to protect the rights and freedoms of the parties guaranteed by the Constitution, and to guarantee the legality and feasibility of the judicial decision. The research is based on the dialectical method. Besides, the author uses the formal-legal, historical-legal and comparative-legal methods. The author concludes that the legislator has established unreasonably wide limits of the principle of publicity for the jury formation. The protection of the values, guaranteed by the Constitution of Russia (private life, personal and family secrets, life and health of the jury candidates), doesn’t require closing the jury formation procedure in all criminal cases. The author offers excluding part 23 from the article 328 of the Criminal Procedure Code of Russia. The current version of the article 241 of the Code allows the court to decide to close the part of the proceedings, which is connected with legally protected information, in the context of a particular situation. Using the practice, which has formed by 2002, it is reasonable to provide for the possibility not to put the public out of court, but to offer the interested parties to approach the presiding judge and to deliver questions and answers with such strength of tone for other persons, who are not the parties to the proceedings, not to hear them. 
Law and order
Semerikova A.A. - Typology of sexually violent offenders pp. 11-19


Abstract: The research object is the personality of a sexually violent offender. The author considers it as a bearer of reasons of the committed socially-dangerous sexually violent act. The research subject is the key typologies of contemporary studies, which formulate a unified definition of a sexually violent offender. Based on these studies, the author outlines definite psychological and social peculiarities of each of the types, the determinants causing criminal behavior, and the set of needs and motives, which are the key prerequisites of sexual violence. The empirical basis of the article if the psychological and psychiatric study of 132 persons, who have committed sexually violent crimes. The author detects four main type of sexually violent offenders: regressive (characterized by the split of personality caused by psychological disorders); situational (those committing crimes under “favorable” circumstances); asserting themselves (those using sexual violence for boosting self-esteem); compensatory (those committing sexual crime against a person identical to a person sexual contact is impossible with). The acquired results help design a more effective system of sexual offences prevention, with regard to the peculiarities of each of the types of sexual offenders. 
Vinokurov A.Y. - On certain issues of prosecutor’s request for information pp. 20-27


Abstract: The research subject is the novels of the Federal Law “On Prosecution Service of the Russian Federation”, regulating the procedure of prosecutors’ requests for necessary documents, and the procedure of implementation of prosecutors’ requests by the regulated bodies. The author supports the novels, based on the positions of the Constitutional Court of the Russian Federation, formulated on 2015. They are aimed at clarifying particular aspects of prosecutors’ activity. The author compares the position of the Constitutional Court and the provisions of the Federal law and finds out that the legislator has solved the key task. The author proves the relevance of the analyzed novels. At the same time, in the context of significant specification of associated procedures, there are ambiguous and disputable issues, connected with prosecutor’s request for information, which should be corrected. 
History of state and law
Tsar'kov I.I. - Pubic order in the context of Greek tragedies pp. 28-47


Abstract: The article considers the process of formation of the elements of a new collective (public) experience, which in Ancient Greek traditions was called “policy”, and the reflection of this process in Greek tragedies. Greek tragedies reflected the situation of conflict in a homogenous social group. It resulted from the confrontation of public and private interest. Tragedies documented the limitedness of positive experience. Conflicts originated from the decisions the heroes had made in the context of misleading information. Such socio-political conflicts led to inevitable death of heroes. The research is based on the scientific methods of hermeneutical analysis, the historical method, the method of intellectual experiment and transcendent analysis. The author concludes that tragedies demonstrated the hopelessness of solving problems using traditional means – orders and customs – and the need to define a stable (permanent) sphere of public interest. Tragedies were a prerequisite of political philosophy in Ancient Greece, they are full of political and legal sense. Tragedies defined the political philosophy agenda for Plato and Aristotle. 
Panokin A.M. - Review of judicial decisions according to the 1923 Criminal Procedure Code of the RSFSR pp. 48-58


Abstract: The article studies the peculiarities of review of judicial decisions according to the 1923 Criminal Procedure Code of the RSFSR. The author studies the established forms of review of judicial decisions in their interconnection with the peculiarities of organization of the judiciary responsible for effective monitoring of judicial acts. The author notes the similarities and differences between the Soviet cassation, proceedings in the order of supervision and reopening cases in view of newly discovered facts. The author considers the topical questions of review of facts of a criminal case in court of review in the context of direct prohibition against reviewing the essence of a judicial decision. The author notes limited cognitive abilities of a cassation court and the related problems of proving in reviewing judicial decisions, which haven’t yet become effective in law. The article analyzes general reasons for reviewing judicial decisions in the order of cassation or supervision, which allow for repeated review of the facts. The author defines the peculiarities of review of judicial decisions, which have become effective in law, determined by the initiation of such a review and a special position of a prosecutor in reopening cases in view of newly discovered facts. The research subject of the article determines the use of a set of general scientific (system analysis, empirical material description, comparison and generalization) and specific (historical-legal, law enforcement practice generalization and technical-legal) methods. The author concludes about the range of significant institutional contradictions between legislative regulation of the system of review of judicial decisions according to the 1923 Criminal Procedure Code of the RSFSR and law-enforcement practice. The revealed contradictions made the legislator look for their settlement, and criminal procedural law scholars – substantiate the Soviet doctrine of review if judicial decisions. 
Теория и философия права
Kulikov E.A. - Philosophical categories in legal science: problems of theory and methodology pp. 59-77


Abstract: The research subject is the patterns of manifestation of philosophical categories in the legal sphere of social life, the approaches to understanding philosophical categories and the specificity of interpretation of philosophical categories by legal science. The author considers the modern ideas about the system of philosophical categories presented in scientific works. In the second part of the article, based on the approaches to the categories as a philosophical phenomenon, the author considers legal categories. The author analyzes the approaches to these categories, studies their role in jurisprudence and the system of legal categories. Special attention is given to the diversity of legal notions. The research subject is closely connected with the methodology. The key methodological approach is the dialectical approach, which is the basis for the system of categories. The author also uses general scientific methods of analysis, synthesis, comparison, generalization, abstraction, and the formal-legal method. The author attempts to actualize the problematics of legal categories and legal notions, and manifestation of philosophical categories in law. This work is the continuation of the author’s candidate thesis. Here the author uses the higher level of abstraction. He moves from consideration of manifestation of one category (measure) in legal science to general principles of manifestation of philosophical categories in the legal sphere of social life. Besides, based on few existing scientific works in this sphere, the author studies the specificity of legal categories and the diversity of legal notions. 
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