Journal headings
"Legal sciences"
All rubrics
Release: 2019-2 (20)
DOI: 10.21777/2587-9472-2019-2-31-35
Keywords: Russian mentality, mentality, culture, conciliarity, orthodoxy, ethnic factor of mentality, messianism, national consciousness, nihilism, idealization of mentality, legal aspect of mentality
Annotation: An important part of the Russian legal consciousness is the domestic legal mentality, which has a considerable influence on the nature of domestic law, especially its implementation. The ability to understand the specifics of the legal mentality of Russia to a large extent laid the foundations of successful lawmaking, effective activity of the subject of law. Understanding its meaning makes the work of the person who adopts legal norms more purposeful, aware of what goal he should strive for, and what is necessary for this. Ignoring the legal mentality will not allow to properly Express the aspirations of society in the legal law. But here there is a problem-what are these aspirations. It is important that they Express spiritual principles. The legal mentality, as a rule, is in the sphere of spiritual reality, derived from it. For the theory of law, a new type of mentality is important – spiritual and cultural, which expresses, as far as possible, the principles of spirituality in law, develops on the basis of universal and national culture, synthesizes moral-metaphysical and formal-legal principles, etc. Its main aspects: 1) ethical; 2) cultural; 3) philosophical; 4) psychological; 5) religious; 6) sociological; 7) ethnic. Legal mentality is characterized not only by the relevant principles, but also by axioms, which are its mental-psychological, intellectual attributes, without which it can not be spiritually and culturologically developed. They reflect the inner qualities (nature) of justice in its true meaning, are values that largely determine the spiritual state and development of justice.
Constitutional law and order and the problem of implementation of the universally recognized principles and norms of international law into the national legal system of russia
Release: 2019-1 (19)
DOI: 10.21777/2587-9472-2019-1-29-37
Keywords: Constitution, law and order, national legal system, international law, international treaty
Annotation: In article problematic issues of implementation of rules of international law in the national legal system of the Russian Federation and their influence on formation of law and order in our country are considered.
Problems of training law-students the technique of regulations analysis
Release: 2019-4 (22)
DOI: 10.21777/2587-9472-2019-4-35-38
Keywords: legal technique, teaching students, interpretation of laws, analysis of the legal requirement, analysis of the law, subject of law, actions, terms, forms, algorithm, scope of regulation
Annotation: Understanding the meaning of a particular legal norm, and even more so, the normative act as a whole, it can be a serious problem for students and practicing lawyers. How to correctly use philological, teleological, historical and political interpretation when understanding a particular legal prescription is illustrated by an example articles of the Code of administrative offences of the Russian Federation. It is much more difficult to comprehend the whole normative act, especially if the task is not just to remember it, but to understand what goals the legislator set for himself (I mean the mission of the act). It is necessary to understand whether there are hidden defects in the relations of this act with previously adopted ones, whether there are gaps in the procedure for implementing the act, whether there are incentives for law enforcement. This article describes ways to overcome typical problems on the example of a number of Russian laws.
On the question of the emergence of the science of administrative law in russia
Release: 2019-3 (21)
DOI: 10.21777/2587-9472-2019-3-43-48
Keywords: public administration, regulatory law, sources of law, administrative law, rule of law, law, bylaw
Annotation: Among the many issues relating to modern Russian administrative law, the question of its sources is important, because depending on how the issue is resolved, that is, what legally significant forms are recognized as the content and nature of the law industry itself depend. Administrative law has its own relatively independent system of sources of law. But the science of administrative law has not yet analyzed this phenomenon, has not developed a clear conceptual apparatus regarding this category, there is no uniformity in understanding and application of basic scientific terms. The article examines the emergence of the science of administrative law in Russia at the beginning of the nineteenth century, studying the positions of scientists involved in the dogmatic development of Russian administrative law at the turn of the nineteenth and 19th centuries. the evolution of the concept of internal governance is being explored. The article contains an analysis of the sources of administrative law at the turn of the 19th and 19th century: laws, decrees, customs, judicial and administrative practices.
Problems of improving legislation on education in modern russia
Release: 2019-2 (20)
DOI: 10.21777/2587-9472-2019-2-36-42
Keywords: higher legal education, law “On education in Russian Federation”, federal state educational standards to direction Jurisprudence (level of baccalaureate), (qualification (degree) is a master’s “degree”)
Annotation: Some problems of the legal adjusting of higher legal education are examined in the article. The special attention an author turns on a concept vehicle, that дан in a law in force “About education in Russian Federation”, in that higher education is not named professional, that, in opinion of author, not right. On the basis of legislation about education citizen of Russia, studying in organization of higher education, a profession does not get, and “Jurisprudence” studies to direction. The problem of in absentia legal education that a citizen could get before rises in the article, but presently education on an in absentia form maybe only, if a person gets the second higher and subsequent education, whatever an author agrees with. The constitution of Russian Federation in article 43 gives to each a right to education, and the state supports the different forms of education and self-education. Limit of right on the receipt of higher legal education on an in absentia form, to according to