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Gorban V.S. - Law as a Means to an End: on the issue of genesis and creative modification of the concept (R. von Jhering and R. Stammler) pp. 1-19


Abstract: The research subject is the political and legal and socio-philosophical views of R. von Jhering and R. Stammler on the problem of interpretation of law as a means to an end of existence and development of society. Genesis of this concept — “law as a means to an end” — is connected with the formation and creative evolution of Jhering’s political and legal theory. Later the sociologized variant of interpreting law as a means to an end had become one of the most popular ways of studying and interpreting law. Stammler modified this concept and some other significant components of Jhering’s legal theory (struggle for law, living conditions of society, etc.) articulating the so-called “system” or formal method, which is aimed at studying not the essence of law, but the forms of thinking about law. The research methodology is based on the set of general scientific and specific methods, the methods of theoretical analysis and historical and philosophical reconstruction of political and legal doctrines. The scientific novelty of the work consists in the analysis of the problem of Jhering’s legal views’ impact on the formation and character of Stammler’s creative philosophizing about law, which hasn’t been studied sufficiently enough. The work clarifies the problem of genesis and creative modification of one of the central components of Jhering’s legal theory about the interpretation of law as a means to an end. Stammler’s main achievement in this context consists in the fact that he had introduced the interpretation of law as a means to an end and a range of related theoretical concepts into the central scope of social philosophy. 
Chufarova E.N. - Language of Law in 'Language-Speech' Dichotomy pp. 1-7


Abstract: The subject of the research is the language of law and particularities of the legal speech from the point of view of Ferdinand de Saussure's linguistic dichotomy. The aim of the research is the phenomena that we deal with when we speak of the languge of law, legal speech and law in general. Based on the author, adequate understanding of law texts depends on communicators' overall level of speech competence, their knowledge and concept of the world. Law communication cannot be based on this rule because therei is no particular addressee in law communication and law texts are usually oriented not only at professionals (lawyers) but also general public. The author of the article carries out a comparative analysis of the terms 'language' and 'speech', their definitions in academic researches and analysis of the term 'speech activity' applied to creation of new texts. The results of the analysis demonstrate that law can be expressed through both verbal and writing speech acts. Noteworthy that in this case language functions as a code or universum  (standard rules) to be observed when creating all kinds of law texts. As a consequence, law speech acts, especially those in writing, do not only tend to rigid regulations and clearness but also maximum specification of described features, circumstances and conditions. 
Vinokurov S.N. - Historical Development of Representations on the Role and Content of Good Faith Doctrine in English Law pp. 1-9


Abstract: The subject of the research is the development and content of the concept of good faith in English law. The role of this legal principle has always been ambiguous and was largely determined by the content that English lawyers put into it at a certain stage in the development of the common law system. Formation of ideas about good faith included periods of its complete denial and periods of unconditional recognition at the level of doctrine and during law enforcement practice. Nowadays, the ideas of good faith in the law enforcement practice in England have become more widely applied in relational contracts and contracts that contain the obligation of contractors to adhere to this principle. The purpose of the article is to show the process of perception and development of the content of the idea of good faith in English law. The methodological basis of the research is the historical method and comparative law method, in particular, analysis of the relationship between theory and law-enforcement practice as well as features and stages of development of the object of study. The main conclusion of the study is that the doctrine of good faith has a long history in English law and its place and importance for the common law system have always been considered ambiguously. The author considers the main stages of the development of the concept of good faith from the period of its borrowing from the early canon law and Roman law up to the era of modernity. The differences in the content of good faith are indicated depending on the historical development of the law of England. The role of the idea of good faith for modern English law is highlighted and conceptual contradictions in the interpretation of the content of this principle in modern English law enforcement practice are revealed.
Gruzdev V.S. - Genesis, nature, and specificity of application of realistic approach in the history of American legal thought pp. 1-8


Abstract: The subject of the study is the American legal thought of the period of its establishment and theoretical conceptualization, which was closely related to such characteristic as the realistic approach towards law that stood apart in the sociological and realistic directions. The attempts of interpreting the views of this regional intellectual group of legal experts as the classical version of legal realism are subjected to critical reevaluation. For assessing the specificity and content of the direction of legal thought referred to as “American legal realism”, the author explores the philosophical-methodological grounds of the cognition of law and interpretation of its concepts in the context of the aforementioned trend, separate substantial aspects of the genesis of realistic approach towards legal problematic in the history of American legal thought, as well as specificity of such characteristics of the court function as “judicial legislation” in through the prism of “legal realism”.  The novelty of this research consists in detailed clarification of certain essential aspects of the genesis and evolution of American legal thought. Emphasis is placed on the poorly studied aspects of the criticism of legal realism in American literature. The latter is used rarely or fragmentally in the Russian research dedicated to the application of realistic approach towards law in the United States, including correlations with some European direction of “realistic” jurisprudence. Examination of philosophical-methodological framework of American legal realism allows revealing significant inaccuracies and distortions in classification of this trend as realistic, which in fact is rather of nominalistic nature. Realistic in relation to this trend of American legal thought is applicable only to separate characteristics of the sociological study of justice.
Trukhan R.P., Nadtochii S.O. - Emergence of the category of accessority and historical peculiarities of its reception in Russian civil law pp. 1-15


Abstract: The subject of the article is the examination of evolution of the institution of accessory obligations and its gradual “infiltration” into Russian law. The author reviews the genesis of the category of “accessority” in Roman law, within the framework of which its initial formula “the validity of the accessory legal relationship is predetermined by the validity of the basic legal relationship" gained widespread. Description is given to the peculiarities of evolution of accessority in Russian law. In civil law of pre-revolutionary Russia, accessority was being neglected for a long time. In the Soviet period, the identification of the terms “security obligation” and “accessory obligation” established in civil science. Currently, in Russian law, the concept of “accessority” is identified with the security obligation. The conclusion is made on versatility of the category of “accessority”. In the course of the development of law, the concept of accessory obligations undergone significant changes – from perception of accessority as a certain obligation that ensures the repayment of debt and the transfer of “belonging” to the sold goods towards its identification with security obligations as a whole. With time, the opinion that accessority is attributed to different types of obligations with own features and specifics, has established in the legal doctrine. The relevance of the selected topic is defined by a range of problematic questions, which have not been previously covered in Russian civil science. Thus, the legislation of the Russian Federation does not contain a legal definition of the concept of accessory obligations. The civil law doctrine also does not have a unanimity of opinion on the matter. The authors assume that the established situation, namely in the context of the civil legislation that has been fundamentally reformed in 2012 – 2015, does not contribute to unified understanding of the essence of accessory obligations and optimization of their doctrinal interpretation.
Savenkov D.A. - The problem of theoretical-methodological refinement of jurisprudence pp. 1-9


Abstract: The subject of this research is the essential characteristic of the history of legal thought of the last two centuries, which directly pertains to the theoretical-methodological fundamentals of legal theory. In the conditions of the object-disciplinary establishment of legal science as the theory of law since the end of the XVIII century, crucial significance has acquired the orientation towards demarcation of logical-gnoseological and real-psychological aspects of legal understanding. The article analyzes the peculiarities of the corresponding theoretical-methodological opposition, which manifested in the appeals to the construction of “refined” legal concepts that exclude any real arguments of social, historical, political, or psychological nature. By the end of the XIX century, namely in the field of the philosophy of law, has escalated the competition between psychologism and anti-psychologism in law. The novelty of this research lies in determination of the new patterns of theoretical and methodological opposition of psychological and anti-psychological attitudes of legal understanding in the evolution of legal thought in contemporary history. It is demonstrated that the phenomenological approach, which claimed to provide jurisprudence with an authentic scientific methodological apparatus, reduced the problem of legal understanding, however, did not contribute to the adequate understanding of law as a complex gnoseological object. Anti-psychological classification of phenomenology cannot be acknowledged without a profound analysis of the conceptual framework that contributed to the evolution of this approach in the sphere of cognition and interpretation of law.
Savenkov D.A. - A. Hagerstrem's Legal Views: the Conflict of Idealistic Objectivism and Psychologism pp. 9-18


Abstract: The subject of the study is the legal views of A. Hagerstrem, a Swedish philosopher, lawyer, founder of the intellectual trend in European legal science and epistemology, which has received the name of Scandinavian legal realism. The positions of this scientist constitute a significant milestone in the history of the philosophy of law of the twentieth century. At the same time, they remain poorly studied, both in Russian and in European literature. Among the few studies devoted to the study of the content and specifics of A. Hagerstrem's legal views, the similarities of his main positions with the ideas of phenomenological teaching are mostly uncritically reproduced, parallels are drawn with those movements in jurisprudence and philosophy that declared a struggle against metaphysics. Special attention is paid to the analysis of the nature of the conflict of principles of the concept of objective cognition and psychologism in law. The article presents brief results of the analysis of both the principles of the epistemological teaching of A. Hagerstrem, and provides a deeper analysis of the content of legal representations in comparison with traditional interpretations of his views. Moreover, the study demonstrated that the principles of the epistemological teaching of this scientist significantly contradicted the ideas of his so-called practical philosophy in the field of the study of law. The nature of the relevant conflict can be explained by an attempt to combine idealistic objectivism with a psychological approach to understanding law. The study contains the results of the analysis of A. Hagerstrem's legal ideas, which allow us to significantly clarify the nature and content of the views of this scientist in the recent history of legal thought.
Belikova K.M. - Theoretical issues of qualification of knowledge as scientific information and the criteria of its objectness for falling under legal regulation and grants for science in BRICS countries (case study in the military sphere) as one of the method of financing of scientific research pp. 15-29


Abstract: The subject of this research is the qualification of knowledge as scientific information and criteria for its objectness for falling under legal regulation, as well as certain aspects of grants for science in BRICS countries (case study in the military sphere) as one of the methods of financing scientific research. The relevance of this research lies in delimitation of scientific information from information that is not classified as such, which on the one hand would allow to more extensively implement the UNGA Declaration on the Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind (1975), while on the other hand, provide representation on the approaches towards grants for military scientific research as one of the methods of financing scientific research in BRICS countries. The scientific novelty of the research is determined by the goal of research and the acquired results. It is established that first and foremost, the countries try delineate the public access to information that is at the disposal of the state in order to meet their utilitarian interests. At the same time, the article indicates unequal access to information and various approaches towards the definition and legal consolidation of the concept of “information”, which allows reflecting on interpretation of the concept of “scientific information”,  as well as on the absence of legitimate definitions of the latter and its delimitation from other information in different countries having certain characteristic features. It is also demonstrated that BRICS countries have different sources of grant funding for scientific research (including military research), as well as national peculiarities that limit these sources for research aimed at ensuring national security.
Mikhailov A.M. - Doctrines of the Constitutional State and the Rule of Law: Common and Special Features pp. 15-35



Abstract: The subject of the research of the scientific article is a comparative legal analysis of two leading constitutional legal doctrines in the Western tradition of law - the concepts of the constitutional state and the rule of law. The article defines the affiliation of the studied doctrines to the Western tradition of law, reveals the necessary prerequisites for the implementation of the corresponding political and legal ideals. Particular attention is paid to the contrasting comparison of the doctrines of the constitutional state and the rule of law. The author sees the most significant differences between the doctrines of the constitutional state and the rule of law in their belonging to the political or legal sphere, the object of restriction, attitude to the judiciary and judicial procedure, connection with the philosophy of law, the form of expression of law and domestic or international legal orientation. The scientific novelty of the work rests in the fact that the author has undertaken a contrasting comparative legal study of the doctrines of the constitutional state and the rule of law. The article substantiates that the doctrine of the constitutional state belongs to the ideology of the civil law, while the doctrine of the rule of law is the leading constitutional doctrine in the states of common (Anglo-American) law. In contrast to the continental concept of the constitutional state, the doctrine of the rule of law is organically linked to the specific experience of the political and legal development of England, aimed at establishing a universal, defined, based on a common law order, the limitation of the law, the primary basis of which is the case law of the courts, the current executive power, is considered not only as domestic, but also international legal the concept, and pays special attention to the observance of the procedural form, with which it associates the achievement of the goals of the rule of law.
Gruzdev V.S. - Psychological legal realism of P. V. Delarov pp. 20-34


Abstract: The subject of this research is the works of the Russian legal scholar of the second half of the XIX century P. V. Delarov, better known to his contemporaries as a collector of antiques. Since the late 1870s he wrote several essays covering the fundamental and applied topics and problems of legal science and practice. His works are poorly studied within the framework of legal disciplines of historical and philosophical-legal profiles, however represent particular interest for the history of establishment of legal thought in Russia. This particular pertains to the author’s reference to the tasks on reforming legal science into psychology of law; renewing the theoretical-methodological principles and characteristics, which allowed the Russian legal scholar to resolve the fundamental contradictions in the area of cognition and interpretation of law, associated with idealistic or realistic arguments. The scientific novelty of this research lies in the following aspects: description and analysis of the legal views of P. V. Delarov, which were not been previously studied in the history of legal thought; substantiation of the conclusions that he formulated the first theoretically mature and developed psychological concept of law within the Russian legal literature; the concept of P. V. Delarov appeared much earlier than the psychological concept of L. I. Petrażycki;. Delarov’s concept in its essence represented a variety of realistic theories that rely on the tendency of “scientification” of jurisprudence within the framework of natural-scientific worldview of the XIX century. This article also presents other generalizations and explanations of P. V. Delarov's legal views, which allow introducing significant clarifications into understanding the processes of the emergence of psychological approaches towards law in the Russian and Foreign legal literature.
Kodan S.V. - S.S. Alekseev about systematization in law (in commemoration of the 90th Anniversary) pp. 22-38


Abstract: The article considers S.S. Alekseev’s juridical ideas and studies his works. The main subject is Alekseev’s understanding of systematization of law. The author studies various notions developed by S.S. Alekseev, such as “codification”, “incorporation”, “consolidation”, etc. The article considers the Alekseev’s classification of varieties of ways and forms of systematization in law, its goals and social function. Alekseev’s approaches to the understanding of essential characteristics, forms, and types of systematization in law serve as a methodological base for this phenomenon study. They allow further studying of this subject both in theoretical and historical-juridical directions. The study of this sphere in the theory of law is of a big application-oriented meaning in the context of reforming and development of the modern Russian legislation. 
Magushov S.V. - Individual ontract as a Form of Law and its Normativity pp. 25-39



Abstract: Modern society cannot be imagined without the institution of individual contractual regulation our daily life is surrounded by a large number of contractual legal relations. In this regard, it is relevant to consider such a controversial topic as the recognition of the status of a form of law for an individual contract. The object of the study is social relations related to the conclusion, modification and termination of an individual contract. The empirical base consists of labor and civil law contracts. Based on this, the article has an interdisciplinary character therefore, the subject is in the field of development of three legal sciences at once the theory of state and law, civil and labor law. The science of the theory of state and law acts as a methodological basis necessary for evaluating the obtained industry data. General scientific methods are used structural and functional method, analysis and synthesis, induction and deduction, analogy. Both private scientific methods are used a formal dogmatic method necessary for the study of law, and a retrospective (historical) method for looking at the problem not in statics, but in dynamics. The novelty is expressed in the substantiation of the normativity of an individual contract and the recognition of its status as a form of law not only within the existing paradigm, but also by offering a different view of the very concept of normativity. The analysis of contracts is proposed to be carried out with the hypothesis of the presence of regulatory regulation in them as well. This approach allows us to talk about contracts that were previously recognized as containing only individual regulation, at least partially normative and, as a result, to see them as a right. As the main conclusion, it should be noted that a significant number of individual contracts contain not only individual, but also regulatory regulation. It also seems reasonable to talk about the existence of individual contracts consisting entirely of regulatory regulation.
Chuklova E.V. - Structure of the Institute of procedural responsibility pp. 30-38


Abstract: The subject of the study is the institute of procedural responsibility, which is a two-level system. The author examines in detail each element of this system, and notes that the first level is norms-definitions and norms-principles, the second level is represented by separate subinstitutions, such as civil procedural, criminal procedural, administrative procedural and constitutional procedural responsibility. Special attention is paid in the article to the study of measures of sectoral subinstitutions of procedural responsibility that ensure the protection and protection of procedural public relations. The research is based on the dialectical method of cognition of social phenomena and organically related general scientific and private methods: comparative legal, formal legal, functional, systemic and others. As a result of the conducted research, the author draws conclusions about the existence of an independent institution of procedural responsibility. The circumstances testifying to this are the existence of principles of procedural responsibility, norms-definitions, features of the application of measures of procedural responsibility. The author touches upon some prospects for improving the institute under study. The article was supported by the RGNF, project No. 16-33-00017 "Complex, intersectoral institute of legal responsibility: concept, structure, interrelations and place in the legal system".
Gorban V.S., Gruzdev V.S. - O. Holmes in the History of Legal Realism in the USA and the Problem of Typologizing His Views pp. 31-42



Abstract: The article examines the issues of determining the place of O. Holmes' work in the history of legal thought in general and the United States in particular, which remains, according to leading domestic and foreign experts, one of the difficult and cross-cutting problems in highlighting the evolution of the legal-realistic direction. At the same time, significant inaccuracies remain in explaining what constitutes and what includes the so-called legal realism in the United States. A more precise explanation of the problems of this phenomenon in intellectual culture from the end of the XIX century to the present has not only scientific and cognitive significance, but also socio-cultural, as it answers a very significant question about possible directions and trends in the development of modern fundamental jurisprudence. In addition, the question of the specific philosophical and methodological foundations of O. Holmes' legal views remains relevant. The scientific novelty of the research lies primarily in a more precise explanation of the nature and orientation of legal realism in the United States, the role of O. Holmes' views in the formation of this trend in American legal thought. It is shown that this direction is heterogeneous and is only a refraction of specific larger trends in the legal science of the XIX century, as well as the important fact that the influence of pragmatism was not of significant importance, since it is through the unification of this philosophical and psychological direction with the ideas of later realists that legal realism in the USA is transformed into its modern version.
Davydova M.L. - Legal norm, regulatory direction, and statutory exclusion are multiordinal categories pp. 37-44


Abstract: The research subject is the structural elements of the text of a statutory act. The study is written in the scientific polemics genre as a reaction to the idea of correlation between regulatory direction and statutory exclusion presented in the latest literature on theoretical and legal science. The author of the article has devoted many years to the study of the regulatory direction category, and considers the possible variants of correlation between regulatory direction, legal norm, and statutory exclusion from the position of the traditional scientific ideas. Special attention is paid to the scientific value of the legal concepts in question in their classical interpretations. Along with the technical method, the author applies the normative text analysis. The author substantiates her conclusions with the examples of texts of statutory acts illustrating the existing ways of enactments stating. The novelty of the study consists in the discovered ways of legal exclusions stating in the articles of statutory acts. The author concludes that the correlation between regulatory direction and statutory exclusion is changeable, since exclusions can vary according to their extent from a part of a sentence to several statutory acts. Therefore the author criticizes regulatory direction mentioning in the definition of statutory exclusion. The author proves that it is necessary to harmonize classical terms of the theory of law with the newest ones avoiding an arbitrary revision of the established scientific categories. 
Kulikov E.A. - On the issue of a notion legal liability grounds pp. 39-46


Abstract: The article considers the questions of legal liability grounds. The author notes that today there is no common understanding of legal liability grounds in the sphere of general legal theory and theory of legal liability, since the research has been carried out strictly in the field of criminal law. This article is a theoretical, philosophical and interdisciplinary study of the issue of legal liability grounds. From a philological position the author studies the notion of grounds. The author considers juridical, factual, philosophical and social grounds. The author uses the juridical dogmatic, historical-legal methods, the method of interpretation of law. In addition the author uses general scientific philosophical methods. The author makes an attempt to enlarge the list of legal liability grounds, and explains this enlargement. The author offers the definition of legal liability grounds on the base of philosophy and linguistics achievements. The article raises a problem of necessity of the whole variety of legal liability grounds revelation, since the lack of at least one of them undermines legal liability legitimacy. 
Balanovskii V.V. - Transcendentalism of Immanuel Kant as the Key to Understanding Specifics of Judge's Activity pp. 44-52


Abstract: The subject of the research is explication of Immanuel Kant's views on specifics of judge's activity. Despite the fact that the aforesaid issue was not so frequently discussed by the philosopher, it is still possible to find ideas in his works that are important for modern law enforcement practice and demonstrate why judges take certain decisions what principles they follow or must follow. The author of the article bases his research not only on Kant's works on practical philosophy (which is expectable because he speaks of philosophical-legal aspects of law enforcement) but also on theoretical philosophy. The main research method used by the author is the analysis of primary sources for the purpose of explication and reconstruction of Immanuel Kant's ideas that are of crucial importance for the solution of aforesaid issues. The scientific novelty is caused by the fact that never before Russian or foreign academic literature contained explication of Immanuel Kant's ideas about specifics of judges' activity. Meanwhile, this is a very important topic for the revitalisation of transcendental idealism ideas that have a powerful heuristic potential for the development of the modern philosophy of law. In particular, the author suggests to analyze activity of judges from the point of view of Imannuel Kant's teaching about abilities of judgement. Moreover, the author focuses on the definition of reflective justice that allows to define some peculiarities of the process of judge's decision-making process. 
Shestopal S.S., Oleynikov S.N., Mamychev A.Y. - Theoretical foundation of human rights: J. Maritain's philosophy of natural law. pp. 45-59


Abstract: The paper is focused on the impact of the philosophical ideology of Jacques Maritain - one of the most prominent French philosophers of the XXth century - onto the modern concept of human rights in their legal implementation. The development of Maritain’s basic ideas proved to be rather promising for modern democracy. J.Maritain was the first who managed to unite the philosophical anthropological theory (personalism) with the actual participation in the elaboration of the ideas of human rights, oriented against totalitarian invasions in human liberties. The author of more than 60 books, J.Maritain helped revive the legacy of Saint Thomas Aquinas for the modern times and contributed to the project of the Universal Declaration of Human Rights. The foundation of Maritain’s thought lays in Aristotle, St. Thomas and the Thomistic traditions.Maritain was a strong defender of the natural law ethics. He considered ethical norms as being rooted in human nature. For Maritain the natural law is known primarily, not through the philosophical argument and demonstration, but rather through "Connaturality". Connatural knowledge is a kind of knowledge by acquaintance. We know the natural law through our direct acquaintance with it in our human experience. Of central importance is Maritain's argument that natural rights are rooted in the natural law. This was the key to his involvement in the drafting of the UN's Universal Declaration of Human Rights.
Rundkvist A.N. - Correlation of principles of justice and lawfulness: criteria of injustice of law pp. 47-60


Abstract: The object of this research is the legal principles of justice and lawfulness. The subject of this research is the fundamental general theoretical question of correlation of legal principles of justice and lawfulness for the purpose of establishing which of these principles has priority over the other, as well as criteria by which the positions of a particular legislation can be attributed to just or unjust. Special attention is given to the concepts of presumption of justice of law and extremely unjust (unlawful) law. The novelty of this research is reflected in the following : 1) original definition is given to the principle of justice as a universal legal backbone supra-principle, based on the concepts of common good and legal balance, penetrating the entire system of legal principles, directly connected to the legal axioms and having priority character compared to principle of lawfulness; possible flaws are determines in normative legal acts from the standpoint of justice, such as flaw of intention (augmented by negative result), flaw of the author, flaw of the form, flaw of the content, flaw of implementation; 3) the author delineates the concept of presumption of justice of law active with regards to any official legislation, excluding those characterized as unjust; 4) criteria are determined for extremely unjust law; 5) the author introduces the category of “debatable” law, benefiting from the current presumption of justice, and the category of “anient” laws that are unlawful in their nature.
Sukharev M.V. - Information Technologies and the Collective Subject of Law pp. 53-65



Abstract: The article deals with the problem of a collective subject in the conditions of the spread of digital communications. The classification of collective subjects is a definite problem for legal science. There are social, political, and economic collective entities. A collective entity exists under the following conditions. Firstly, there should be a possibility of constant communication between the members of the team. Secondly, the team conducts one or more types of common activities. Thirdly, the team members participate in the development of directions and ways of future activities. Fourth, they can directly or indirectly influence decisions on the choice of one of the proposed options for future activities. The spread of digital communications significantly increases the connectivity of large teams. There is a possibility of existence of geographically distributed collective entities, whose members are located in different countries. The research method is based on the analysis of changes in the ways of communication between individuals who make up a collective subject. Digital networks allow for discussions (including those protected by cryptography), voting, foresight, the use of digital signatures, and automatic logging of all communication. Compared to telephone communication, digital communications allow the simultaneous participation of hundreds of people (collective chat). The speed of e-mail transmission is thousands of times higher than the speed of written messages. The new tools allow for video conferences with demonstrations of graphic and tabular materials. Voting using secure protocols and digital signatures is possible. There are decision support systems, computer models (digital doubles) of objects that need to be managed to make decisions. All this leads to a significant change in the quality and effectiveness of collective subjects. New types of collective actors (virtual communities) are emerging, which ultimately influence events in the real world. Legal science needs to start studying the processes of digitalization and comprehend their theoretical significance for jurisprudence.
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. 
Bleshchik A.V. - The search for new methodological approaches in legal research in the context of modern challenges pp. 59-66



Abstract: The subject of this article is theoretical concepts and explanatory models used in legal science to identify the essence of law and legal phenomena, as well as issues of the evolution of methodological knowledge in jurisprudence in modern conditions. Due to the lack of adequate tools in classical jurisprudence for describing and researching the nature of new phenomena of legal reality, as well as in connection with overcoming politically and socially determined methodological limitations, legal science is faced with the need to search and disseminate new methodological approaches. New methodological approaches in the social sciences in general and in jurisprudence in particular do not pretend to establish the absolute truth, their advantage lies in the integration of traditional approaches.When considering the problems of the methodology of modern legal research, the author points out the need to apply new postclassical approaches, including the communicative theory of law. The novelty of the research consists in substantiating the impossibility of the transition of legal science to a qualitatively new level of knowledge of law and legal phenomena, provided that it uses the classical (and to a certain extent outdated) methodological optics. Since legal science develops in the context of the development of scientific knowledge in general and goes through the same stages in its development, at the present stage its development may be associated with the application of integrative concepts of legal understanding. One of the most interesting integrative concepts of legal understanding is the communicative approach, which allows us to give a more complete picture of the law, of all legal institutions, as it introduces legal dogmatics into the context of social communication. The communicative approach offers legal science new tools for understanding law and legal phenomena in their social dimension, which is the basis for using it as a methodological basis for current research in the field of lawmaking and law enforcement.
Pratasavitski S. - A concept and a legal nature of risk pp. 60-73


Abstract: The term “risk” is contained in the conceptual framework of many social sciences. At the same time, there’s no unified understanding of the phenomenon denoted by this term. The research object of this article is the general concept of risk and its legal nature. The author generalizes various scientific views on risk, offers his own vision of this phenomenon, and formulates his position on the legal nature of risk. The author also considers the phenomenon, opposite of risk, - the phenomenon of chance. Its peculiarities in jurisprudence are also described in the article. The research is based on dialectical, logical and formal-legal methods of scientific cognition, which help solve the research tasks. The author formulates the original definition of danged and risk and relations between them. Any undesired change has reasonable ground. It includes the reason of the change and the range of circumstances forming the reason and determining its existence. The possibility of appearance of all the prerequisites, necessary and sufficient enough for the formation and existence of such a reason, is called “danger”. And the possibility of undesired change of the state of a subject, caused by danger, is called “risk”. A chance – an opposite of risk – is a possibility of desired change of the state of a subject. The author reveals the legal nature of risk through the subjective duty, and of chance – through legal permissibility, which takes a form of a legal interest or a subjective right (authority). The results of this study can be used both in scientific and practical activity. 
Kodan S.V. - Conceptual Approaches of M. M. Speransky to Systematization of Russian Law pp. 61-77


Abstract: This article talks about the work of the well-known Russian legal scientist M. M. Speransky. The scientific novelty of this article is in the comprehensive analysis of the conceptual approaches used by M. M. Speransky to define the system and systematization of the Russian law. The work shows the process which formed Speransky’s views on the forms of systematization of legitimation, the stages and results of work. Speransky’s approaches to creating the Code of Laws of the Russian Empire, which are still important to solving modern problems with creating a similar document in modern Russia, are of special significance. The methodology of the analysis of Speransky’s conceptual approaches to the systematization of laws is based on modern methodology for  studying the systematic nature of law. The author defined the general conceptual approaches used by M. M. Speransky to systematize the laws of the Russian Empire. It is noted that they predetermined the key directions and forms of legitimation systematization documents, work plans; based on them, work was carried out to make the Full Collection and Code of Laws of the Russian Empire. The author believes that M. M. Speransky was the first in the Russian legal science to define the theoretical provisions related to the systematization in law. It is said that the work of M. M. Speransky for many decades ahead defined the direction of the development of the Russian law and legal science.
Rundkvist A.N. - Correlation between the principle of justice and legal axioms pp. 64-78


Abstract: The objects of this research are the principle of justice as a universal fundamental, cornerstone and key cohesive general legal superprinciple and the legal axioms as transmitters of most objectified legal justice reflected in simple and clear formulations. The subject of this research is correlation between the aforementioned concepts, which allows looking at the problem of indeterminacy of the content of the principle of justice from a new perspective, namely through indicating the violation of legal axioms as one of criterions of ultimate injustice. Methodological framework is comprised of the general scientific methods of deduction, induction, analysis and synthesis, as well as sociological method of content analysis used examination of the materials of law enforcement practice of the Constitutional Court of the Russian Federation. The work yielded the following results: 1) substantiation is made on the key role of the principle of justice in law as a whole; 2) an original definition is given to the legal axioms ; 3) demarcation is drawn between legal axioms and legal principles in accordance with the criteria of external manifestation, evidence of conformity or nonconformity, nature of action, and depending on the presence or absence of systemic links, which is important from theoretical and practical perspectives, 4) a direct correlation is established between noncompliance with legal axioms and the loss of baseline claim to justice by legal regulation. The theoretical novelty of this work consists in the fact that legal axioms that establish the generally accepted imperative rules are viewed as a primary reference point for resolving the issue on possible violation of the principle of justice
Derbysheva E.A. - The legal certainty principle as a requirement of certainty of a legal provision pp. 68-80


Abstract: The research subject is one of the aspects of the legal certainty principle – certainty of a legal provision. Since a legal provision is a basic element of the legal regulation mechanism, its certainty predetermines the effectiveness of the mechanism as a whole. In this context, a legal provision is a key aspect of the legal certainty principle, and it’s important to study it. The article reveals the contents of certainty of a legal provision. Based on the practice of the Constitutional Court of the Russian Federation, the author considers the correlation of the categories “principle”, “requirement” and “criterion” in relation to certainty of a legal provision. The author applies the following methods of scientific cognition: analysis and synthesis, formal-logical and hermeneutical. The scientific novelty of the study consists in the detection and systematization of the components of certainty of a legal provision. The author concludes that certainty of a legal provision is at the same time a principle, a requirement, and a legal criterion. A legal provision complies with the legal certainty principle if every subject understands the consequences of his or her actions directly from the text of the legal provision, or in the result of its interpretation by the court or legal assistance. The author defines certainty of a legal provision. 
Timofeev E.A. - The multiformity of methodology of law and economics pp. 72-87


Abstract: The subject of the research is law and economics, a highly authoritative teaching in the Western science, not enough studied in the Russian scientific literature. Due to its heterogeneity and incompleteness, and the dynamic character of change of the research agenda, law and economics consists of a range of relatively independent theories and branches. Their multiformity and interconnection is the object of the research of this review article. The basis of the methodology is the comparative approach and the method of classification, which helped systematize schools and theories of law and economics according to particular criteria. In the result, the author demonstrates the systemic description of the main existing forms of law and economics, which, despite their immanent differences, resulting from the heterogeneity of primary premises, are the single and a highly promising horizon of interdisciplinary studies. Moreover, the application of various methods within the described variants of law and economics broadens the already significant scientific opportunities of this teaching, thus giving the researcher the opportunity to choose the most relevant method of the particular practical task solving. 
Chuklova E.V. - The Relations Between the Institution of Procedural Responsibility, Legal Relationships and Legal Practice pp. 73-85


Abstract: The subject of this research is the institution of procedural responsibility and its relations with legal relationships and legal practice. In her research Chuklova defines genetic, coordination, subordination and functional relations. According to the author, implementation of procedural responsibility provisions creates both material and procedural legal relations. The author demonstrates that the institution of procedural responsibility either relates to legal relationships at the functional genetic level disregarding the definition of a particular legal relationship or acts as a result of legal regulation or means of regulation. There should be legal grounds for creating such an institution, too. The institution of procedural responsibility creates conditions for discovering the truth in criminal, civil or administrative cases, thus demonstrating subordination relations. The research is based on general and special research methods such as comparative law, formal law analysis, functional and systems approaches, etc. As a result of the research, the author concludes that judicial practice is a coordination link between procedural form and material law, however, many court decisions demonstrate a negative tendency in implementation of the procedural responsibility provisions when there is a total substitution of one term with the other. For example, contempt of court includes such actions as numerous continuous disqualifications, non-submission of documents, failure to appear in court, non-compliance with court orders, negative remarks about a judge's professional or personal qualities. The article is funded by The Russian Foundation for Basic Research, project No. 19-011-00103 'Legal Responsibility in Russia's Legal System: the Concept of Interaction, Interconnection and Elimination of Contradictions with Other Elements of Legal System'. 
Lipinsky D.A., Musatkina A.A., Chuklova E.V. - Concerning Genetic, Coordination and Subordinate Relations of Procedural Responsibility pp. 86-98


Abstract: The object of the research is procedural responsibility relations and the subject of the research is sub-institutions and different kinds of functional relations inside and outside them. The researchers analyse sub-institutios of criminal procedure, administrative procedure and civil procedure responsibility and describes different kinds of their relations. They focus on the development of the institutions of procedural responsibility and their isolation from material branches of law. The authors describe different kinds of interaction between structural elements of procedural responsibility and disclose genetic, coordination and subordinate relations. The methodology of the research is based on historical law, formal law and dialectical analysis methods. The authors have also applied such methods as deduction and induction, analysis and synthesis. The novelty of the research is caused by the fact that the authors explain the grounds for creation of the institution of procedural responsibility and describe particular manifestations of subordinate and coordination relations. They prove the existence of close and distant genetic relations as well as direct and derivative relations that may be of both internal and external nature. The authors discover that genetic relations that demonstrate the proximity and origin of the institution of procedural responsibility are conditioned by specialization of law branches as well as sub-institutions of procedural responsibility. They prove that coordination links ensure horizontal coordination and may affect, firstly, the order of bringing to different kinds of legal responsibility and secondly, application of other kinds of legal responsibility besides procedural responsibility; thirdly, the use of terms, definitions, measures typical for different kinds of legal responsibility, and fourthly, regulation of homogenous social relations.     
Tsar'kov I.I. - Classical science of the modern period and the law: the experience of borrowing pp. 88-117


Abstract: The article is devoted to the issues of interrelation of processes of the modern classical science and the modern classical law (17th – 20th centuries) development. The author substantiates the idea that these two processes had been intersecting. Moreover, the classical law had borrowed principles and methods from the natural sciences of the Age of the Enlightenment and the modern period. This borrowing helped the thinkers formulate the notion of the state sovereignty in its contemporary meaning. The author of the article applies the methods of hermeneutical analysis, the comparative-legal method, the historical method and the method of transcendental analysis. The author concludes that the concept of the absolute legal sovereignty and the idea of the law as the precondition for the shortest way of achievement of social, economic and political goals by individuals are formulated on the base of the provisions of theoretical mechanics in the field of political and legal knowledge. The law is the means of obstacles eliminating.
Zozulia A. - Legal worldview as an attribute and component of legal consciousness pp. 88-96


Abstract: The object of the study is legal awareness as a phenomenon of the sphere of positive law. The subject of the research is the legal worldview as a legal category and a phenomenon of legal reality. The author examines in detail the terminological aspect, analyzes various approaches and formulates an integrative definition of the legal worldview. Special attention is paid to the modern determinants of the formation of a legal worldview and the definition of key criteria for a socially acceptable legal worldview. The theoretical basis of the research is post-non-classical concepts of legal understanding, considering law as a means of social communication. The system, axiological and formal legal methods were used. The purpose of the study is to develop directions for the formation of a socially acceptable legal worldview.The approach applied by the author to the study of legal consciousness through the prism of the legal worldview, taking into account the determinants of legal reality, ensures the novelty of the research results. The author, in line with a broad understanding of the legal worldview, suggests considering it as a dominant value-normative component of legal consciousness, examines the factors of state-legal reality that influence public legal consciousness, among which he highlights the diversification of modern legal understanding, crisis phenomena in the field of positive law, the actualization of self-regulation in the legal sphere. On this basis, the key features of a socially acceptable legal worldview are formulated and a conclusion is made about the need to modernize the legal component of educational programs at various levels.
Kulikov E.A. - Category of Measure in Legal Science: Matters of Theory and Research Methodology pp. 89-99


Abstract: This article considers the general theoretical and methodological matters related to the research into the expression of the “measure” category in legal science. It gives a philosophical and semantic description of the meaning of this category. In particular, it reviews the linguistic palette of notions which the word “measure” may take in the Russian language. It analyzes the volume and contents of the category of “measure” in the legal environment. The basis for such analysis is the interrelation between law and measure which may be traced in virtually every type of legal consciousness. Also, it defines the methodological pre-requisites for the research into the expression of measure in the legal aspect of the society’s life. Ultimately, the subject of research is the general regularities of the connection between the category of measure and legal phenomena, which should in the future serve as the foundation for tracing particular expressions of the category in question in the components of the legal framework in the society.  In this article, the legal and dogmatic, the comparative methods, the synthetic method, the abstraction technique, and the legal history method were used. This article is one the first studies of the theoretical matters related to the expression of the category of measure in legal science. The author attempts to define the methodological pre-requisites for considering the legal aspects of the above category. The article identifies the legal contents and relationship between measure and the key categories of legal studies – the law, the legal framework, the principle of law, the legal culture. On the basis of the above, it presents the general theoretical model of expressions of measure in legal phenomena. Measure is interpreted by the author as a universal qualitative and quantitative category which characterizes legal phenomena externally, internally and in their individual structural elements. In doing so, it is also essential to rely on the qualitative and quantitative components of measure without separating them from each other.
Kuzmin I.A. - Concerning Coordination, Subordination and Genetic Relations of Legal Responsibility with the System of Law and Legislation System pp. 99-111


Abstract: The object of the research is a complex interaction between the regulatory construction of legal responsibility, the system of law and legislation system expressed in coordination, subordination and genetic relations. The subject of the research includes specific features of the relationship between legal responsibility and other legal phenomena at the substantial, structural and systemic levels. The main emphasis is made on the analysis of legal norms and regulations of legal responsibility, its branch and sub-branch systems. The author presents a variety of interpretations of legal responsibility as a regulatory phenomenon. Aiming at the needs of legal science and practice and being based on doctrinal, regulatory and law enforcement sources, the author suggests to extend the scope of application of the systems approach to legal research based on the example of analysis of legal responsibility as an element of the system of law and legislation system. To ensure the validity of research data, besides general research methods the author has also used special research methods (sociological and historical) and private research methods (formal legal, structural legal and comparative legal). The author describes the contents of functional (coordination and subordination) and genetic relations between inter-branch institution of legal responsibility from the point of view of different kinds and classification of legal responsibility. Based on overall theoretical characteristics of legal collisions and different kinds of regulatory relationships, the author shares his own position on inter-branch and intra-branch collisions arising between legal responsibility provisions and elements of the system of law and legislation system. The author also offers his own method of discovering legal contradictions and responding to them as the grounds for further development of a universal mechanism of solving collisions that arise in the process of law making and law enforcement activities. 
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.
Rouvinsky R.Z. - Imaging the Limit: Degradation of the Legal System's Basis and Crisis of Legal Order pp. 107-118


Abstract: The article considers the problem of a potential possibility to describe the maximum crisis of the legal order. The author raises the question of a culmination point of the crisis in the legal sphere leading to the defragmentation of the legal system. He analyzes the interrelation between the legal order and the legal system, reveals common elements in these phenomena and defines the factors of the legal order dynamics and the structures underlying it. The article contains three parts. The first one is devoted to the problem of equating the legal system crises to economic crises. The second one considers the factors of the legal order dynamics influencing its condition and development trends, the connection of the legal order with the legal system. The third one analyzes the existential and historical background of law and the possibility of the maximum crisis of the legal order. The research methodology is based on the set of materialistic and civilizational approaches to the phenomena under consideration. The author applies the comparative-legal, system, analytical and dialectical methods, the method of historical and political interpretation of legal phenomena, and the method of prognostication. The article raises the issues which hadn’t been raised before within the Russian or the foreign legal science. The author introduces the notion of “onto-historical basis of the legal system”. This notion covers the range of the most stable structures underlying any legal system (the matrix of ideas about good and evil, just and unjust, the legal mentality of the society, the established traditions of lawmaking and law enforcement, etc.). The author concludes that the disruption of the fundamentals of the legal system, comprising its onto-historical basis, is inseparably linked with the maximum crisis of the legal order. 
Rerikht A.A., Dubovik O.L. - Differentiation between criminal and administrative responsibility: theoretical grounds and practical consequences pp. 107-123


Abstract: The authors analyze the prerequisites and conditions of differentiation between criminal and administrative responsibility for the breach of legal regulations. The paper considers the problems of codification of criminal and administrative legislation with account for the experience of the Russian Federation and particular foreign countries. The authors reveal the positive and negative consequences of different models of legal regulation of responsibility for infringement of legislation. The paper describes the positions, established in Russian works on jurisprudence, on the concepts, the essence, and the peculiarities of legal, criminal, and administrative responsibility, their correlation and roles in the provision of legality and order. The authors compare the volumes of different types of punishment, primarily fine sanctions, specified in the Criminal Code of the Russian Federation and the Administrative Offences Code. The authors discuss the problem of reforming the legislation on criminal responsibility and responsibility for administrative offences caused by the changes of socio-economic conditions and modern challenges in the sphere of crime prevention, which have led to the new decriminalization phenomenon. The paper considers the examples of the legal mechanism of formulation of criminal-legal and administrative-legal prohibitions. The authors discuss whether it is reasonable to toughen repressions, and consider the tendencies of replacement of the liberal criminal regulation with stricter measures and of blurring of lines between criminal and administrative responsibility. 
Belyaeva G.S. - On the issue of doctrinal and legal criteria of optimization of legal regulation pp. 124-135


Abstract: The research object contains the problems of optimization of legal regulation; in this relation the scientists' views concerning this concept, the essence, the contents and the problems of efficiency of law are considered, including legal regulations, measures and conditions, legal regulation and juridical activities. Doctrinal and legal criteria of legal regulation efficiency assessment in political and social and economic spheres are systematized. The role of correctly legally provided purposes in optimization of legal regulation in a particular social sphere is substantiated.The author uses the general scientific methods of logical cognition: analysis and synthesis, abstraction, modeling, the system-structural, the functional and the formal-logical approaches.As a result of the analysis of scientific literature related to the problem of legal norms efficiency assessment (legal regulation, law-enforcement acts, legal activity, etc.) and the provisions of legal sources the author offers the law efficiency complex assessment criteria: 1) a ratio between the purposes of a legal norm and the actual results, that is its effectiveness; 2) the rule of law compliance with the social values and interests (needs).
Frolov A.N. - Law and legal conscience: the dialectics of reciprocal influence pp. 124-132


Abstract: The piece considers the dialectical peculiarities of reciprocal influence of law and legal conscience. The author reveals the categorical characteristics of the notions “law” and “legal conscience”, defines their essence and correlation. Special attention is given to the features of law and the structure of the system of law. The author analyzes the essential characteristics of law and the forming and formalizing rules of behavior helping detect the normative and compulsory character of legal norms, and the formulated legal system of social and legal regulation creates the necessary prerequisites for the formation of legal conscience. The study is based on the methods of axiological, normative and comparative-legal analysis. To study the theoretical background of legal conscience, the author uses the dialectical, system, and logical approaches and other methods, which help define the peculiarities of the phenomena under consideration. The author concludes that legal conscience is a set of subjective legal components: legal attitudes, feelings, emotions, theories and ideas connected with the reflection of legal norms, rights, freedoms and duties. Their purpose is to provide normative behavior of a citizen within a society and in relations with a state. They help reflect the legal reality and evaluate the background of legal practice and law, comprehend the prospects of development of legal life from the position of provision of a decent life for each person and fairness of interpersonal relations. 
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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