Journal headings
"Legal sciences"
Constitutional and municipal law
Release: 2020-3 (25)
DOI: 10.21777/2587-9472-2020-3-5-11
Keywords: legal education, law, university, Bologna education system, European space of higher education, cultural and historical traditions
Annotation: The circumstances of the formation of the European space of higher education and the transformation of legal education in Russia through the requirements of the Bologna education system are considered. Comparativelegal method, method of analysis and synthesis, method of analogy and modeling are used. The possibility of transferring Russian legal education to a master’s degree, when applicants will enter the master’s degree, study the traditional five or even six years and receive master’s degrees, is argued. After completing the basic three courses, as well as after graduation from college or technical school, those wishing to leave for a practical job will have to be issued a bachelor’s degree.
METHODOLOGY OF LEGAL KNOWLEDGE IN THE SOVIET DOCTRINAL SPACE
Release: 2020-2 (24)
DOI: 10.21777/2587-9472-2020-2-6-12
Keywords: methodology of law, jurisprudence, dissertation, legal knowledge, discourse, legal teachings
Annotation: The article examines the Soviet dissertation legal doctrines on the methodology of legal knowledge, and also describes the prospects for using the results of these studies in domestic legal science. The main purpose of the article is to analyze the most important and fundamental dissertations of Soviet jurists, which present logically based teachings on the methodology of law, as well as the possibility of using specific forms of scientific knowledge obtained by Soviet jurists in the process of certification of scientific personnel in the Russian Federation. Based on the dialectical approach, using the principle of historicism, scientific truth and objectivity, the authors show the specifics of the results obtained in the dissertation legal teachings on the methodology of legal knowledge, analyze the praxeological possibilities of using appropriate forms of scientific knowledge in modern Russian legal science, justify the need to create an electronic data Bank of new scientific results obtained in all branches of pre-revolutionary, Soviet and post-Soviet law.
DIGITALIZATION IS A NEW REALITY IN LAW
Release: 2020-1 (23)
DOI: 10.21777/2587-9472-2020-1-6-12
Keywords: digitalization; artificial intelligence; prerequisites for digitalization; positive and negative consequences of digitalization; challenges; threats and risks of digitalization
Annotation: This article is devoted to the study of the features of digitalization as a modern trend (change) in world development, which leads to an increase in the efficiency of the economy, including in the field of education, health, ecology and in General to improve the quality of life of an individual. Ultimately, the introduction of digital technologies should have the positive effect to reduce the number of people below the poverty line, eliminate hunger, ensure good health and well-being of the population, protect the environment, introduce quality education and health care, achieve sustainable economic growth and job growth on a par with decent wages and social justice, as well as solutions to problems related to corruption, the rule of law, violence and mortality. At the same time, the author sees in digitalization not only positive sides, but also possible negative consequences in the form of challenges, risks and threats to the social way of life of the Russian society.
PROPORTIONAL ELECTORAL SYSTEM: TYPES, FEATURES OF APPLICATION
Release: 2020-3 (25)
DOI: 10.21777/2587-9472-2020-3-12-18
Keywords: electoral system, proportional electoral system, party list elections, elections, voters, political parties, voting
Annotation: This article discusses the features of the application of the proportional electoral system in Russia and abroad. The author’s goal is to analyze and formulate the main characteristics of the most common methods of voting under the proportional system, taking into account the historical aspect, as well as the practice of applying in modern states in elections to representative bodies of power, and the development of this political institution. This topic is relevant in connection with the use of all three election models in voting for certain elected bodies of state power and local self-government: majority, proportional and mixed. It often leads to a lack of understanding among the electorate of the features of using a particular model, its disadvantages and advantages, which in turn leads to an unwillingness to understand this and take part in voting, realizing their real capabilities. In the fall the legal culture of citizens, the decline of interest in the institution of elections in the formation of representative bodies at various levels of emphasis is the practice of applying the most common voting patterns in the world – under the proportional electoral system. Taking as a basis the European and Russian experience of elections, the author analyzes the main negative and positive aspects of the organization of vote by party-list proportional representation, in terms of the ability to highlight the level of elections that use this model election system is appropriate and combined it with the features of the form of government that existed in the state. As the main results, the characteristic features of the proportional voting model for representative bodies of power are formulated and also recommendations on the effective use of the proportional electoral system in elections are provided.
REFORM OF THE CONSTITUTION OF THE RUSSIAN FEDERATION IN 2020: THE RETURN OF CONSTITUTIONALISM TO THE NATIONAL ROUTE
Release: 2020-2 (24)
DOI: 10.21777/2587-9472-2020-2-13-17
Keywords: state, constitution, national development path, spiritual and moral values, constitutional reform, ideology of constitutionalism
Annotation: The article examines the systemic civilizational shortcomings of the 1993 Russian Constitution and substantiates the relevance and significance of the constitutional reform of 2020, the return to the text of the constitution of traditional spiritual and moral values of Russian society, filling with real content of the social character of the modern Russian state. The need to return Russia through constitutional innovations to its civilizational route of development, suggesting the traditional nature of spiritual and moral values and unity around the Orthodox spiritual core of society of all Abrahamic and other traditional religions.
SYSTEM OF NORMATIVE LEGAL ACTS (ON THE EXAMPLE OF THE CIS COUNTRIES)
Release: 2020-1 (23)
DOI: 10.21777/2587-9472-2020-1-13-19
Keywords: normative legal act, law, rule of law, system of law, legislative system, Lawmaking, legislation, law-making process
Annotation: For more than 20 years, the problem of adopting a law on normative legal acts has remained unsolvable in the Russian Federation. The purpose of the work is to present the experience of legal regulation in the field of law-making in the member States of the Commonwealth of Independent States. Most of the CIS countries have established the concept and types of normative legal acts at the legislative level, defined the hierarchy of acts and the content of the law-making process. Many States adopted new versions of laws on legal acts in 2016–2018 due to the current trends in Informatization and digitalization of society. The article deals with the system of normative legal acts of three States – the Republic of Belarus, the Republic of Kazakhstan, and the Kyrgyz Republic. The author has studied the approaches of a number of CIS countries to defining the concept of a normative legal act. The significance of this analysis is due to the possibility of using the experience of legislative consolidation of the system of normative legal acts in foreign countries for the Russian Federation.
ON THE FORM OF GOVERNMENT OF THE RUSSIAN EMPIRE IN 1907–1914
Release: 2020-2 (24)
DOI: 10.21777/2587-9472-2020-2-18-23
Keywords: absolute monarchy, revolution of 1905–1907, State Duma, “third June coup d’état”, constitutional monarchy, “the Third-June monarchy”
Annotation: The article examines the main aspects of the state structure of the Russian Empire after the revolution of 1905–1907 and before 1917. The goal of the authors is to analyze the political prerequisites for the formation of a special form of state structure in Russia, which received the name “the Third-June monarchy” in the historical literature. This topic is relevant in the context of the need to maintain political stability in the state and society. The authors cover the main provisions of the Manifesto of October 17, 1905 and the electoral law of June 3, 1907. The controversial issue of the legality of making changes to state laws in 1907 is raised, the author’s assessment of these actions is given. Special attention is paid to the historical consequences of the “June third coup”. As the main results, the authors formulate the characteristic features of the parliamentarism of the Russian Empire after 1907. The conclusion is made about a natural increase in the internal political crisis in the country, the origins of which lie in the events of June 3, 1907.
SEPARATION FROM THE WORLD NETWORK RUNET AS A NEW FIELD OF LEGAL REGULATION OF RUSSIAN LEGISLATION
Release: 2020-3 (25)
DOI: 10.21777/2587-9472-2020-3-19-24
Keywords: legal regulation of the Internet, legal regulation of the Runet, invisible Internet (dark Internet), Freenet, Level B, domain zone
Annotation: In the article it is considered the Russian segment of the Internet as a platform for the emergence of new types of relations regulated by law. It is noted that the current “world wide web” is a huge layer of the most diverse information, which counts a huge number of services and more than 3,3 billion subscribers, and this technology has not spared almost anyone. It is displayed that today the Internet opens up endless opportunities for people and states for gaining knowledge, conducting scientific activities, improving the procedure for interaction, both between citizens of different countries and the states themselves. It is pointed out the need to detail law enforcement, the need for enhanced coordination with the technical branches of informatics and cybernetics in the development of relevant legislation. It is emphasized the importance and relevance of the need to delimit the national part of the Internet and highlight legal regulation in the Russian segment of the network, establish ineffective methods of regulating the relations under consideration, also the reasons for a large number of problems in the legal regulation of the Russian segment of the network are highlighted and some ways to solve them are suggested.
ON THE DAY TO THE MORAL STATE: WINNER ABOUT THE WORLD FREE STATE
Release: 2020-1 (23)
DOI: 10.21777/2587-9472-2020-1-20-28
Keywords: state, moral state, just society, Freedom, anarchism, utopian socialism, Jamahiriya, people
Annotation: The article considers political and legal projects of building a society without a state, ranging from the ideas of utopian socialism to the classics of anarchism. The question of the denial of social utility in the name of freedom by anarchism of the state and the various ways proposed by the revolutionaries to get rid of the state are analyzed. Having been defeated during the years of “military communism” the ideas of a society without a state have found a new embodiment in the doctrine of the Jamahiriya proposed by M. Gaddafi. The need to transform the modern state into a moral state is argued.
DEMOCRACY AS LAW AND ORDER DETERMINANT IN MODERN RUSSIA
Release: 2020-2 (24)
DOI: 10.21777/2587-9472-2020-2-24-29
Keywords: democracy, the rule of law, social state, democratic procedures
Annotation: The article analyses various aspects of democracy as the most important political factor affecting the appearance of the rule of law in modern Russia.
PROBLEMS OF DATA PERSONIFICATION IN THE DIGITAL AGE
Release: 2020-3 (25)
DOI: 10.21777/2587-9472-2020-3-25-28
Keywords: state, digitalization, personal data, digital rights, information society, digital technologies
Annotation: The article analyzes the scientific approaches and norms of the Russian legislation on personal data. At the same time personal data is considered as a legal category, which includes an array of information allowing to distinguish one person from another, showing the abilities, that the subject of personal data has, and also indicating its constitutional and administrative status.
THE SPECIAL QUALITIES OF THE RULING MINORITY
Release: 2020-1 (23)
DOI: 10.21777/2587-9472-2020-1-29-34
Keywords: hierarchical relations, personal qualities, capitalism, the elite, the ruling minority, God’s chosen people
Annotation: The article states that hierarchical relations between people are a natural phenomenon. Hence the separation of the ruling elite in society is just as natural and inevitable. Moreover, those in power have a certain set of such personal qualities and character traits that, in fact, allow them to occupy leading positions. Author analyzes in detail these qualities.
SERGEY GESSEN: HISTORICAL FACT AS A FACT OF THE REALIZATION OF THE MINIMUM OF TRANSCENDENTAL BEING
Release: 2020-2 (24)
DOI: 10.21777/2587-9472-2020-2-30-34
Keywords: neo-Kantianism, transcendental, transcendental, history, historiosophy, S.I. Hessen
Annotation: The article is dedicated to S.I. Gessen, a representative of Russian Baden neo-Kantianism, whose views (S.I. Gessen, B.V. Yakovenko, F.A. neo-Kantianism as a distinctive formation. The creativity of S.I. Gessen demonstrates both the reception of the main principle in the interpretation of history, which is understood as having a relative character, since everything is decided by values, and the methodological developments of the founders of the Baden school of neo-Kantianism.
Legal and spiritual-moral basics digital future humans in the age of the world environmental crash
Release: 2019-4 (22)
DOI: 10.21777/2587-9472-2019-4-6-12
Keywords: state, integration constitutionalism, digital society, ecology, global problems, sustainable development
Annotation: The article examines the legal and spiritual and moral foundations of the digitalization of society in the transition to sustainable development of mankind. It is substantiated that legal information brought to people through Internet technologies can never replace the legal culture, which is formed only within human society. The society of knowledge is determined not by the digitalization of society, but by the construction of the technosphere on legal and spiritual and moral foundations. Particular attention is paid to the place of the state in modern social development, the role of spiritual and moral values of each nation in the formation of the right of sustainable development. It is noted that the digitalization and the transition to sustainable development are taking place against the background of the growing environmental crisis, which is already developing into a catastrophe.
Legal and moral criteria of political decision in the international armed conflict in the transnistria and donbasse
Release: 2019-3 (21)
DOI: 10.21777/2587-9472-2019-3-7-15
Keywords: recognition of states, human rights, national identity, international law, morality, constitutional guarantees, armed conflict, political solution
Annotation: The problem of peacekeeping capabilities in armed conflicts in the post-Soviet space, the main causes of conflicts, the role of morality and psychology, national identity, cultural-historical, religious and socio-economic features of the regions of instability. Using historical, comparative, formal-legal and other methods of research, the author attempts to identify the legal criteria for peaceful conflict resolution, highlighting the political and legal situation conflicts between Moldova and Transnistria, between Ukraine and the Donbass republics. The conclusion considers the recognition of States that have arisen in conflict zones as the most effective way of political and legal resolution of existing problems.
Bases of the constitutional structure of the russian federation: theoretical and legal model, condition and problems
Release: 2019-2 (20)
DOI: 10.21777/2587-9472-2019-2-7-16
Keywords: fundamentals of the constitutional system, democratic, legal, social, secular state, Russian federalism, civil society, separation of powers
Annotation: The article discusses the theoretical and legal content of the most important institution of constitutional law – the foundations of the constitutional system, its condition and problems; a retrospective of the development of the theoretical and legal model of the foundations of the constitutional system of the Russian Federation in the period of the recent history of the Russian state is given; in assessing the foundations of the constitutional system, the political and legal aspects are highlighted, their content is disclosed; the main range of problems in the characterization of democratic, federal, social, economic, ideological and humanistic types of the foundations of the constitutional system has been identified; recommendations are made on the development of the main features of the constitutional system of the Russian Federation in the context of a dynamically changing Russian society.
Development of national constitutionalism as the evolution of forms of social cohesion
Release: 2019-1 (19)
DOI: 10.21777/2587-9472-2019-1-7-14
Keywords: constitutionalism, consolidation of the society, spiritual and moral foundations, political-legal system, the Russian nation, neoliberalism
Annotation: This article analyzes the experience of several attempts to consolidate the Russian society in the twentieth century, which, according to the author, there is a mechanism to achieve civil unity and civic awareness in society. The author singles out seven stages of development of the Russian constitutionalism, each of which was inherent in the type of consolidation: stages of bourgeois-democratic and proletarian (index.php) consolidation period worker-peasant consolidation Soviet society, the circumstances of time almost turned out nationwide consolidation of society, stage of the crisis of the Soviet model of organization of the State and find new ways to consolidate the society, and, finally, beginning with the 1993 year stage of neo-liberal consolidating Russian society. If the bourgeois-democratic consolidation of society simply did not have time to take root, the revolutionary Russian society consolidation elements stand out: the privatization of the company; replacing the right revolutionary legal consciousness and morality-class sense; secularization; the Elimination of private property; the class dictatorship of the proletariat. The main ideological error of the Bolsheviks, they began to build a new world, ending with the traditional Orthodox basis for Russian lifestyle. The author concludes that consolidation of the neo-liberal in a number of its essential traits reminiscent of the revolutionary: privatization of society through total privatization and abandonment of social functions of the State, replacing the State guarantees pay-per-view services, law-corruption and discretion, morals-some European standards; loss of respect for private property, except property the “right” people; the class dictatorship of the bourgeoisie. Assessed spiritually-moral and political and legal characteristics of each historical period. It concludes that all took place in the history of models of consolidation have not had the ultimate success, because could not join socio-economic achievements with spiritual and moral values of the Russian nation.
Digital state: building problems in the russian federation
Release: 2019-4 (22)
DOI: 10.21777/2587-9472-2019-4-13-20
Keywords: state, digital state, digital economy, digitalization, digital technologies
Annotation: Digitalization has become one of the global problems of our time, requiring scientific understanding and legal regulation. The article is devoted to understanding the problems associated with the construction of a digital state in the Russian Federation. It develops the theoretical foundations of building a digital state, digital governance and a digital society, taking into account international experience.
Scientific and legal assessment of various approaches to the confederation device under eaeu development conditions
Release: 2019-3 (21)
DOI: 10.21777/2587-9472-2019-3-16-25
Keywords: deepening the processes of integration, Eurasian economic union, Legal personality of the EAEU, confederate entities, Confederate state system, Union state, confederation as a subject of international law, Union state of Russia and Belarus
Annotation: This article is the author’s material in a series of scientific publications devoted to the study and analysis of the legal nature of the supra-state and federal entities within the framework of further research and improvement of the mechanism of international legal and economic development of the EAEU aimed at developing recommendations for improving the legal foundations of the Union. The first major part of the scientific works was published and tested and implemented in the period from 2011 to 2018. In this intermediate scientific work, the scientific worker B.K. Azanov, considers a certain role and significance of the category “Confederation”. Conducts an original analysis of the approaches and opinions of scientists. In the course of the investigation, we come to the conclusion that there is no common opinion and common views on the understanding of the essence and the legal phenomenon of the Confederation. This scientific article, expands existing concepts, different positions and special approaches to the subject of discussion. The author consolidates the data, arguing all this with relevant conclusions, and a detailed study of the question.
The values and interests of the state and society in federal government standards on jurisprudence
Release: 2019-2 (20)
DOI: 10.21777/2587-9472-2019-2-17-21
Keywords: law, higher education, educational standards, tradition, postgraduate, master’s degree
Annotation: This article is devoted to judicial training, the improvement of federal State educational standard. Unconditional necessity of educational activities are justified in the State language, the translation of the Graduate School of education structure in the structure of research training, the need for the right higher legal education in absentia as the first higher education.
25 years of the constitution of the russian federation: social and legal realities
Release: 2019-1 (19)
DOI: 10.21777/2587-9472-2019-1-15-22
Keywords: Constitution of the Russian Federation, social justice, public consent, corruption, automation, robotization, computerization
Annotation: A quarter of a century is a considerable time for any state, especially for a state whose name is Russian Federation. The 90s of the last century walked through the fate of millions of people in the hardest way. The society has gone through a most serious transformation of the country: from state regulation to a market economy, from a one-party system to a multi-party one. It was a time when the country’s leadership did not have a clear plan for change, society turned out to be at a historic crossroads. These processes were accompanied by unbelief, depression, the economy was falling apart, people’s well-being fell below a critical level. In such a difficult time, 1993 became a turning point, the referendum on the Constitution became an act of social consent. Article 7 of the Constitution of the Russian Federation states: “The Russian Federation is a social state whose policy is aimed at creating conditions ensuring a decent life and the free development of a person.” The article is devoted to the study of the implementation of the principle of social justice. Based on actual sources, the article concludes that one of the most important demands of society is the restoration of social justice. The unresolved nature of many problems affecting, above all, the material interests of the overwhelming majority of citizens in various spheres of life, is extremely painful for people. The author sees a way out of this situation in establishing the main reasons that give rise to social tensions at this stage of development of Russian society, and on the other, to find approaches to relieve or smooth out these tensions through further economic reforms that would meet the interests of the overwhelming majority of the Russian population.
Development of the law-making process in the conditions of digitalization of society and the state
Release: 2019-4 (22)
DOI: 10.21777/2587-9472-2019-4-21-27
Keywords: Lawmaking, digitalization, information technology, law, law-making process, law-making initiative, will of people, parliament, normative legal act
Annotation: The active development of digital technologies has an impact on the management processes and decision making processes in the Russian state. The article considers the possibilities of using digital and information technologies in the law-making process. The author notes the possibilities of using these technologies at the stage of law-making initiatives, emphasizing the importance of public law-making initiatives at the regional and municipal levels. Digital technologies create opportunities for civil dialogue between the government and society. The role of the Parliament in shaping and identifying the will of the people is also analyzed. The author gives suggestions of scientists and practical experience of Belarusian legislators on the use of digital technologies in the preparation of a draft regulatory legal act. In conclusion, the paper concludes that it is necessary to legislate the law-making process in the Russian Federation in the conditions of digitalization of society and the state.
Municipal formation in the sistem of public and private legal relations
Release: 2019-3 (21)
DOI: 10.21777/2587-9472-2019-3-26-37
Keywords: state and municipal government, subject of legal relations, municipality, socio-economic sphere, local issues, administrative regulation
Annotation: The article considers the status of the municipality as a subject of public and private law relations; its content and development prospects are determined in the context of the new socio-economic policy and reforming the state and municipal government system.
Constitutional and legal basis of national policy and national relations in the russian federation
Release: 2019-2 (20)
DOI: 10.21777/2587-9472-2019-2-22-30
Keywords: Strategy of the state national policy of the Russian Federation, ethnic relations, state regulation, state national policy framework, Constitution, ethnic question, equity, indigenous small people, ethnic conflict
Annotation: Discussed the current status of the legal framework regulating national relations. The paper presents normative legal acts that were adopted in the Russian state to regulate interethnic relations, acts aimed at preserving and developing the culture and languages of peoples, protection of the rights of indigenous peoples living in Russia. A separate group of legal acts consists of acts on the rehabilitation of repressed peoples. The author notes that in recent years in the Russian Federation focuses on the adoption of legal acts, regulating the monitoring of interethnic relations and prevention of interethnic conflicts. The author analyzes innovations Strategies of the state national policy of the Russian Federation. The paper specifies the legal basis for the functioning of public authorities, which are responsible for the issues of state national policy. In conclusion, the author makes conclusions and proposals to improve lawmaking and law enforcement in the field of regulation of interethnic relations.
International law and the constitution of the russian federation: interaction problems
Release: 2019-1 (19)
DOI: 10.21777/2587-9472-2019-1-23-28
Keywords: the Constitution of the Russian Federation, international treaties of the Russian Federation, the legal system of the Russian Federation, generally accepted principles and norms of international law
Annotation: The article discusses the relationship between the Constitution of the Russian Federation and international law in the context of the relationship between domestic and international law.
The digital future of law: hopes and threats
Release: 2019-4 (22)
DOI: 10.21777/2587-9472-2019-4-28-34
Sactual aspects of improvement of the order of attracting citizens to administrative responsibility in russia
Release: 2019-3 (21)
DOI: 10.21777/2587-9472-2019-3-38-42
Keywords: administrative fine, budget system, punishment, enforcement, administrative responsibility, improvement of the system, state budget, penalties
Annotation: Currently, Russia is at a new stage in its historical development, in which, due to a shortage of funds in the budget, it is forced to replenish it due to administrative fines. The “Penal Economy” appeared in Russia, which during the years of crisis and numerous sanctions brought 4 times more money in comparison with taxes. This article explores the issue of the need to improve the system of penalties in order to further replenish the state budget. In this case, the main task is a comprehensive study, the adoption of a system of measures to improve the replenishment of the Russian budget through fines. Currently, administrative law is developing, changes are constantly being made aimed at improving the system of collecting penalties. There are a lot of decisions on imposing penalties, but, unfortunately, not all of them are paid. Therefore, it is necessary to introduce amendments to the administrative legislation and the legislation on enforcement proceedings that will be aimed at improving the procedure for recovering administrative fines.
General characteristics of the mentality of russian society
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
Russian democracy at the crossroads. Flaws and shortcomings of democracy
Release: 2019-1 (19)
DOI: 10.21777/2587-9472-2019-1-38-47
Keywords: democracy, power, society, the State, the people, the crowd
Annotation: The article is carried out wide-ranging analysis of the strengths and weaknesses of democracy in its application to the modern Russian reality.
Constitutional bases of state health care management in the russian federation
Release: 2019-2 (20)
DOI: 10.21777/2587-9472-2019-2-43-49
Keywords: Constitution, Federal law, health care system, public administration, citizens’ rights, health standards, principles of the national health system
Annotation: The article describes the constitutional basis for the functioning of the health care system in the Russian Federation, the legal framework for the organization of health care, as well as describes the main problems of public administration in the field of health care at the present stage. The characteristic of normative legal acts operating in the health care system is given. The tasks of the target program of development of the pharmaceutical and medical industry of the Russian Federation for the period up to 2020 are revealed. The basic principles of the national health care system existing in the Russian Federation are noted. Proposals for a unified health policy in Russia concerning modern legislation are given. It is proposed to restore and reform the vertical management, namely the redistribution of funds allocated resources. The existing number of unresolved organizational problematic aspects and certain structural imbalances are noted. The article reveals the features of the modern health care management system in the Russian Federation. The main directions of further development in the field of health care management in the Russian Federation are reflected. The most important directions of administration of work on regulation of interaction of public authorities in system of management of health care in Russia are noted.
Democracy as a foundation of social unity of russian state
Release: 2019-1 (19)
DOI: 10.21777/2587-9472-2019-1-48-54
Keywords: state, people, democracy, social unity, national idea
Annotation: In the article, the problems of implementation of constutionally declared principle of democracy are actualized conceptually. The established in Russia political and law regime of free political representation is analyzed. The wording of national idea providing the unity of multi-national Russian people and state integrity is proposed. On the side, there are specified the reasons which obstruct the establishment of the regime of democracy in state and the shift of scientific and social paradigm of rule of the people as a collective subject of law.
Historical varieties and characteristic features of the republican form of government
Release: 2019-1 (19)
DOI: 10.21777/2587-9472-2019-1-55-62
Keywords: form of government, republic, Roman republic, feudal republic, bourgeois republic, Soviet republic, theocratic republic
Annotation: This article discusses the varieties of the republican form of government that existed throughout history, as well as the characteristic features inherent in the republic. The authors’ goal is to analyze and formulate the main characteristics of the republican form of government, taking into account the historical development of this political phenomenon. This topic is relevant in connection with the substitution and loss of republican and democratic values that often takes place in modern times. With the fall of the legal culture of citizens, the decline of interest in preserving the principle of election of power, the legal legacy of the past merits deserves first priority attention. With the examples of the brightest types of the republic, the authors analyze the main features of the republican form of government, both originated in ancient times and acquired in the recent past. The article reveals the historically formed signs of republican power. As the main results, the authors formulate the characteristic features of the republican form of government.
Luhansk and donetsk people’s republics, as well as transnistria, have all the international legal grounds for their diplomatic recognition
Release: 2018-4 (18)
DOI: 10.21777/2587-9472-2018-4-7-15
Keywords: sovereignty, international personality, diplomatic recognition DNR, LNR and PMR, forms and criteria for diplomatic recognition
Annotation: The article deals with the modern approaches to diplomatic recognition of the new States, argues the conclusion that Donetsk and Luhansk people’s Republic have the necessary international legal grounds for their diplomatic recognition: a permanent population, a defined territory, a government capacity to enter into relations with other States. Examples of difficulties with the diplomatic recognition of the history of international relations.
The phenomenon of constitutionalism in modern russian legal literature
Release: 2018-3 (17)
DOI: 10.21777/2587-9472-2018-3-7-10
Keywords: constitutionalism, constitution, classification, bibliography
Annotation: The article discusses various interpretations of the concept of «constitutionalism» that exist in modern Russian legal literature. Special attention is paid to philosophical and legal definition of the phenomenon of constitutionalism. The article also focuses on the issue of classification of constitutionalism from the perspective of its application in practice.
Status and problems of federal relations development in russia
Release: 2018-1 (14)
DOI: 10.21777/2587-9472-2018-1-7-14
Keywords: State structure, federalism, federal system, subjects of the Federation, federal relations
Annotation: The article examines the constitutional and legal foundations of the state system of Russia, analyzes their state, identifies the problems and trends in the development of federal relations.
The doctrine of legal personality in dissertation research in Russia (xix - early xx centuries)
Release: 2018-4 (18)
DOI: 10.21777/2587-9472-2018-4-16-22
Keywords: legal personality, dissertation, civil law, state law, Russian Empire, university
Annotation: The article deals with master’s and doctoral dissertations in various branches of science (first of all under state law), in which the author chose certain issues of the legal personality doctrine as a subject of research, and defended in Russian imperial universities during the 19th and early 20th centuries. The main goal of the authors in the analysis of these works was to investigate with the help of the comparative-historical method, as well as formal-logical techniques, the main tasks, content, and the results obtained by pre-revolutionary jurists, who were represented by them in the forms of scientific knowledge. There were a very small number of studies on the subject and that was due to the level of domestic legal science in the XIX century in Russia. Substantiated the continuation of the study of the results of dissertation research on the problems of legal personality in the Soviet and post-Soviet period with the aim of preparing an information base for making historically based law-making government decisions.
Precedent is a source of international law?
Release: 2018-3 (17)
DOI: 10.21777/2587-9472-2018-3-11-14
Keywords: sources of international law, a judicial precedent, judges’ initiative
Annotation: The article analyzes the notion of «the sources of international law». The author undertakes to answer the question: is a judicial precedent source of international law.
The practice of tax evasion by transnational corporations in the context of interaction between national and international law
Release: 2018-2 (15)
DOI: 10.21777/2587-9472-2018-2-10-13
Keywords: Taxation, transnational corporation, jurisdiction, affiliated person, transfer pricing, effective rate, royalties, licensee
Annotation: The paper explores the problems of tax evasion by transnational companies. The scale of the international phenomenon of tax evasion, the degree of influence of international production and trade operations and supply chains on the world economy pose this issue in the center of attention of researchers.
The formation of the welfare state in modern russia
Release: 2018-1 (14)
DOI: 10.21777/2587-9472-2018-1-15-21
Keywords: social State, social, social-oriented economy, decent life for citizens of the Russian Federation, the minimum wage, the subsistence minimum consumer basket, flat tax scale progressive tax
Annotation: The paper considers the policy of the Russian State in the social sphere. The establishment of the State of conditions for a dignified life and free development of man.
Problems of legal liability of students
Release: 2018-4 (18)
DOI: 10.21777/2587-9472-2018-4-23-27
Keywords: student responsibility, legal responsibility, administrative responsibility, liability, disciplinary responsibility, moral responsibility
Annotation: The article analyzes the current state of the problems of students’ legal responsibility.
On the development prospects of administrative legal proceedings in the russian federation in public law cases
Release: 2018-3 (17)
DOI: 10.21777/2587-9472-2018-3-15-21
Keywords: administrative legal proceedings, administrative courts, administrative justice, challenging legal acts, acts of normative significance, free legal assistance during the administrative trial
Annotation: The aim of this article is to consider some development prospects of administrative legal proceedings in the Russian Federation, including conceptual fundamentals, associated with the improvement of the conceptual and categorical apparatus, on which a public legal investigation relies on, as well as the prospects of implementation of the administrative courts system, and the development of the institution of free legal assistance in relation to the representatives activity in the administrative legal proceedings etc.
Achieving justice in the russian society: socio-legal aspects
Release: 2018-2 (15)
DOI: 10.21777/2587-9472-2018-2-14-21
Keywords: 100 years of the great October revolution; equality of all before the law; equality of all before the court; justice
Annotation: The article analyzes the influence of the great October revolution, which predetermined a fundamental change in the historical course of development not only in Russia and Europe, but in General and around the world. The main attention is paid to the analysis of the development of Russian modern society in market relations. The authors come to the conclusion that the society has failed to fully implement such overriding principles as the equality of all before the law and before the court concerning the rights of man and citizen, unable to optimally implement the idea of justice. The authors, without idealizing socialism as a form of social system, still see it as a lot of positive for the society, which gave a significant impetus to economic growth and the formation of a healthy and moral society in General, including raised many millions from the level of poverty to the average, or at least a comfortable level. The article shows the difficulties that modern Russian society is experiencing in the conditions of market relations development.
Actual problems of local self-government and ways of its development in russia at the present stage
Release: 2018-1 (14)
DOI: 10.21777/2587-9472-2018-1-22-25
Keywords: problems, local self-government, development, state, Russian Federation
Annotation: The article deals with the problems of local self-government and the ways of its development at the present stage. A large number of activities have been carried out for the development and formation of a regional selfgovernment, but some difficulties have still not been fully resolved.
The problem of conflict of interest in system of public service
Release: 2018-4 (18)
DOI: 10.21777/2587-9472-2018-4-28-33
Keywords: conflict of interest, public service, official, personal interest, corruption
Annotation: In this article the authors investigate the problems of such legal phenomenon as a conflict of interest in the system of public service of the Russian Federation, reveals its importance and analyzes the main legal acts regulating this institution. This problem at the present stage of development of public administration is quite relevant and has a significant scientific interest. This is due to the reasons, among which are the consolidation of the principles of the civil service, the foundations of professional ethics of civil servants, as well as the norms of the proper performance of their duties.
Relationship of legal culture of the legislator and society
Release: 2018-2 (15)
DOI: 10.21777/2587-9472-2018-2-22-25
Keywords: legal culture, law, legislative initiative, parliament, legislation, normative legal act, legal system
Annotation: The article analyzes the problem improving the legal culture of the legislator, emphasizes the relationship between the legal culture of the legislator and the legal culture of society.
Optimization of the state policy in the field of protection the interests of children
Release: 2018-1 (14)
DOI: 10.21777/2587-9472-2018-1-26-31
Keywords: the rights of minors, structural modernization, public authorities, optimization
Annotation: The article presents a brief history of the state policy in the sphere of protection of interests of minors. It is noted that since the beginning of the twentieth century in the country there are lements of the juvenile justice system. After the revolution of 1917 there are several state bodies dealing with minors who monopolized this activity, excluding independent civil society institutions. Shows the structural components of the created system of state authorities of the Russian Federation in the sphere of protection of rights and interests of minors.
On the prospects of development of the Russian state and law
Release: 2017-4 (13)
DOI: 10.21777/2587-9472-2017-4-5-11
Keywords: Russian State, law, society, convergence
Annotation: In this article on the basis of an analysis of the influence of various factors on the development of the Russian State and law in different historical periods tries to show status of domestic public law mechanism not only in past and present, but also to determine the prospects for its possible development in the foreseeable future.
The state of legal education in contemporary Russia and the problem of raising the quality of training for lawyers
Release: 2017-3 (12)
DOI: 10.21777/2587-9472-2017-3-8-14
Keywords: legal education and public universities, private universities, the quality of education, textbooks, teachers, students
Annotation: This article discusses the history, present state and main directions of further improving the quality of legal education in the Russian Federation.
Russian parliamentarism: features of origin and present
Release: 2017-2 (11)
DOI: 10.21777/2587-9472-2017-2-3-10
Keywords: Russian parliamentarianism; Russian civilization; government reform; Russian conflict; inconsistency of Russian history
Annotation: The article examines the nature of the Russian parliamentarism as the reflection characteristics of the historical development of the Russian statehood, including referred to the influence of European and Asian civilization on the Russian state, hypertrophied role of the supreme state power in the Russian society, a permanent process of state reform and conflict of Russian statehood and others. Disclosed are the most characteristic features of the present stage of Russian parliamentarism
Modernization of human rights: major trends
Release: 2017-1 (10)
DOI: 10.21777/2587-9472-2017-1-3-8
Keywords: lawmaking, modernization of law-making, civil society, crowdsourcing, normative legal act
Annotation: The article is devoted consideration consideration of major trends modernization of law-making in the Russian Federation. The author gives some offers on current legislation improvement in this area
Russia: 1917 revolutionary legislation as a natural stage in the development of domestic law
Release: 2017-4 (13)
DOI: 10.21777/2587-9472-2017-4-12-15
Keywords: civilization, society, the State, the right of revolution, legislation
Annotation: Reflecting on contemporary issues of legal development in Russia, whether revolutionary legislation a logical step of development of domestic law, it has become increasingly clear that without understanding the past not realising and not would those ancient events, we will never be able to find the correct road to the future.
The values and interests of modern legal education
Release: 2017-3 (12)
DOI: 10.21777/2587-9472-2017-3-15-18
Keywords: legal education, values education, Federal State educational standard of higher education in the GEF)
Annotation: The article contains an analysis of the education from the perspective of its perception as a value and as an embodiment of consumer interest. For example, Federal State educational standard of higher education looks at the issue of waiver of the correspondence form of training for the first education and contradiction standards on language educational activities formulated in the standard norms of Russian legislation.
Psychological theory of law l. I. Petrazhickogo, its essence and significance to contemporary legal science
Release: 2017-2 (11)
DOI: 10.21777/2587-9472-2017-2-10-13
Keywords: psychological theory, positive law, positive law, morality
Annotation: The article discusses some of the provisions of the psychological theory of law of L. Petrazhitsky. There are many benefits of this theory, its importance for the development of law in General and American schools
Some aspects of application of a qr code when concluding final vote protocols by parliamentary election commissions
Release: 2017-1 (10)
DOI: 10.21777/2587-9472-2017-1-8-11
Keywords: Elections, electoral process, electoral technologies, QR-code, vote counting, voters
Annotation: The article: The article is devoted to the application of QR-code on the final protocols of PECs. It discusses the specifics of using this kind of data coding when compiling the final voting protocols of the PEC, the feasibility of this technical innovation in the work of election commissions of various levels. Using the analysis of the practice of organizing this data coding system in the conduct of elections in some constituent entities of the Russian Federation, it can be concluded that the use of this kind of technical systems will make it possible to more effectively resolve the question of counting the votes and increase the level of confidence in the elections held in the Russian Federation, , And by international observers
Social policy and development of the social state
Release: 2017-4 (13)
DOI: 10.21777/2587-9472-2017-4-16-22
Keywords: Russian Constitution, social policy, state, social sphere, object, subject, subject of social policy, the Government of the Russian Federation, the State Duma of the Russian Federation, the social state
Annotation: The variety of definitions “social policy” is considered, five groups of approaches to this concept are singled out, internal and external aspects of social policy are outlined, types of subjects of social policy are outlined, federal, regional and municipal levels of social policy and its significance for the development of the social state are considered.
Legal education in the USA: current issues and challenges
Release: 2017-3 (12)
DOI: 10.21777/2587-9472-2017-3-19-23
Keywords: legal education, US law schools, legal guarantees of higher education, discrimination
Annotation: The article analyzes modern trends and challenges of legal education in the USA, examines different approaches of American researchers to improving the quality, accessibility and effectiveness of modern legal education in the USA, explores the opportunities for using positive and negative experience of North American legal education to improve the training of lawyers in this country.
A strong state as a determining factor in social progress (review)
Release: 2017-2 (11)
DOI: 10.21777/2587-9472-2017-2-13-15
Payments for negative impact on the environment protection as an element of economical mechanism of environmental protection
Release: 2017-1 (10)
DOI: 10.21777/2587-9472-2017-1-11-15
Keywords: environmental protection, state policy in the field of environmental development, economic mechanism of environmental protection, payment for a negative impact on the environment protection
Annotation: The article is devoted to analysis of payments for negative impact on the environment. On the basis of the current legislation defines the role and effectiveness of payments for negative impact on the environment as a tool of economic mechanism of environmental protection
October 1917 year and international law
Release: 2017-4 (13)
DOI: 10.21777/2587-9472-2017-4-23-29
Keywords: great Oktyabrskaya socialist revolution, international law, the Decree on peace, the ideas and principles of the October revolution, the principles of peaceful coexistence
Annotation: The article deals with the impact of the great October socialist revolution on the formation and development of international law.
The role is right in development of legal education in the Russian Federation
Release: 2017-3 (12)
DOI: 10.21777/2587-9472-2017-3-24-27
Keywords: legal education, right role, intellectual resources, educational space, scientific and educational potential
Annotation: In article provisions about legal regulations of the sphere of science and education, including legal are considered. The conclusion is drawn on need of implementation of gradual modernization of educational system by loan of foreign legal experience with preservation of own right cultural traditions.
Trends in the development of legal education in modern Russia
Release: 2017-3 (12)
DOI: 10.21777/2587-9472-2017-3-28-31
Keywords: higher education, legal education, legal frames
Annotation: This article analyzes current state and prospects of development of legal education in the Russian Federation.
Academic freedom and administrative resource in managing modern Russian university
Release: 2017-3 (12)
DOI: 10.21777/2587-9472-2017-3-32-39
Keywords: academic freedom, administrative resource, education management, state educational policy
Annotation: Modern Russian higher education system is a whimsical combination of Soviet heritage and innovation, preemptive manner borrowed from Western sources. When this occurs the next attempt to create structures within which mechanically combine elements, logical combination and interaction of which by itself represents if not impossible, in any case, difficult not only for practitioners, but also for the theorists of the task. These tasks include the problem of the optimum combination of the principles of academic freedom and the administrative unity of command in the mechanism of management of modern University.
Legal education in Russia: problems and prospects
Release: 2017-3 (12)
DOI: 10.21777/2587-9472-2017-3-40-44
Keywords: education, legal education, public universities, private educational institutions, the quality of legal education
Annotation: Law is one of the most attractive and popular directions in higher education. This is evidenced by the fact that every year in Russia more than 150 thousand people receive a diploma of higher legal education. Therefore, the study of Russian legal education is urgent problem facing Russian law science. The article attempted to show the current state of legal education in Russia, to identify deficiencies which hinder its development and some suggestions for its future development.
Legal education is an important factor in stabilizing the country
Release: 2017-3 (12)
DOI: 10.21777/2587-9472-2017-3-45-46
Keywords: legal education, the quality of the training of lawyers
Annotation: The current state of legal education in the Russian Federation requires fundamental analysis and rethinking. The need to improve legal education due to the formation of democratic, legal State, the establishment of the management system, strengthening the political and civil institutions, public approval order in the country, raising awareness of the population.
Regarding the features of the process occurrence and formation of the Soviet and Post-Soviet States
Release: 2016-2 (9)
DOI: 10.21777/2587-9472-2016-2-3-16
Keywords: State, nation, evolution, revolution, the development of
Annotation: This article analyzes the characteristics of the processes of occurrence and formation of the Soviet and post-Soviet states
Legal and civilizational grounds interstate integration of the European constitution
Release: 2016-1 (8)
DOI: 10.21777/2587-9472-2016-1-3-7
Keywords: national security, integration of Nations, the SHOS, BRICS, IGIL, NATO, the Silk road
Annotation: On the historical necessity of integration of States and the strategic plans of Russia. About the need for a legal basis for international acts. The role of empires and unions of States
Development of peoples and through strengthening religious foundations of the secular state
Release: 2016-2 (9)
DOI: 10.21777/2587-9472-2016-2-16-21
Keywords: state, nation, religion
Annotation: This article analyzes the problems of the development of nations and peoples through the strengthening of the religious foundations of the secular state
Accession to the Kyrgyz Republic Eurasian Economic Union: legal aspects
Release: 2016-1 (8)
DOI: 10.21777/2587-9472-2016-1-7-9
Keywords: EurAsEC, Customs Union, Kyrgyzstan, the Eurasian economic Union
Annotation: The need to adapt the Kyrgyzstan its legislation to conformity with the laws and practice of the Eurasian economic Union
Strong state in modern Russia: problems and prospects
Release: 2016-2 (9)
DOI: 10.21777/2587-9472-2016-2-21-27
Keywords: state, law and order, civil society, justice, freedom
Annotation: In article problematic issues of formation and the prospect of development of the strong state in modern Russia are considered. Postulates of the concept of the minimum participation of the state in the social transformations which are carried out in our country are subjected to the critical analysis
Problems in the study of state and law of China in the context of expanding strategic partnership of the Russian Federation and people's Republic of China
Release: 2016-1 (8)
DOI: 10.21777/2587-9472-2016-1-9-16
Keywords: state, law, Peoples Republic of China, the Faculty of Law in Harbin, legal education
Annotation: The main objective of this article – to put the problem of Chinese law in modern Russia's geopolitical conditions. The author has tried on an existing example of Faculty of Law in Harbin to show the success of such scientific research
Sovereignty and the ability to lawfully intervene in the internal affairs of states (Concepts regarding the responsibility to protect in the context of international law)
Release: 2016-1 (8)
DOI: 10.21777/2587-9472-2016-1-16-22
Keywords: «humanitarian intervention», «responsibility to protect», «responsibility while protecting», «responsible protection», «the duty to protect»
Annotation: The article describes the causes of the concept of the ‘responsibility for protection’ (‘responsibility to protect’) – ‘R2P’ – and analyses its content and connection to the idea of ‘humanitarian intervention’. It is an attempt to correlate the stated goals of the concept with the actual intentions of those who begin to put it into practice. It outlines the main provisions of the Brazilian concept of ‘responsibility in the process of protection’ (‘responsibility while protecting’) – ‘RWP’ – and the Chinese concept of ‘responsible protection’ – ‘RP’. It lays out proposals to form a Russian concept of the ‘duty to protect’. All problems and concepts are considered in the context of international law
The role of practical tasks in the Formation of professional competence of law students
Release: 2016-2 (9)
DOI: 10.21777/2587-9472-2016-2-35-37
Keywords: practical tasks, law, professional competence, resources and training
Annotation: This article discusses some of the issues related to the role of practical tasks in the formation of professional competence of students receiving higher education on direction "Jurisprudence" (degree – Bachelor) – the example of the use of case studies in the study courses of Russian state history and law and theory of state and rights
Russian model of local self-government
Release: 2016-1 (8)
DOI: 10.21777/2587-9472-2016-1-23-31
Keywords: self-government, local society, pseodo-sphere of functioning, sphere of affirmation of life, liberalism, eurasianism
Annotation: The article is about forming of organs local self-government at mechanical system of «folk delegation» at Russian version of liberal conception of local self-government. There is proved that realization of Russian version of liberal conception of local self-government is accompanied with nationalization of organs of local self-government, their transformation in grass-roots level power vertical, which must become a school for preparing of all subjects of social and political interaction
Commonwealth of independent states in the conditions of globalization
Release: 2016-2 (9)
DOI: 10.21777/2587-9472-2016-2-37-39
Keywords: CIS, the state, globalization
Annotation: This article analyzes the legal basis of activities of the Commonwealth of Independent States in the context of globalization
Legal education of citizens of the Russian Federation
Release: 2015-2 (7)
Keywords: legal education, legal schooling, legal literacy, population, reformation, protection of rights and freedoms, legal awareness
Annotation: The article considers the problem of legal education and legal awareness of the population in the Russian Federation, citizens. The author discusses the issues concerning the necessity of increase of level of legal culture; the reformation of the state policy in the field of improving the legal culture of the population. The most important directions of improvement of legal literacy of the population is the education of citizens of Russia on the rights and freedoms guaranteed by the Constitution of the Russian Federation; carrying out state policy in the field of providing citizens with free legal help. The author notes that the great importance in the legal education of the population have the media and the effectiveness of legal advocacy, informing citizens about the changes in legislation
Formation and nature of the general theory of national security of the Russian Federation
Release: 2015-1 (6)
Keywords: state, national security, public authorities, strategic culture, national interest, national security system
Annotation: The article opens the content and conceptual framework of the national security of Russian Federation. It also concerns of its nature and formation. Special attention is paid to the historical and legal emergence of National Security of the Russian Federation
The suspension of activity of regional branches of political parties – analysis of law enforcement practice
Release: 2015-2 (7)
Keywords: political parties, regional branches of political parties, suspension of activity, the warning of the territorial body of the Ministry of justice of the Russian Federation
Annotation: The article discusses the reasons for suspension of activity of regional branches of political parties. Defines the bodies authorized to make a statement to the court on suspension of activities of the regional branch of the political party
The organization of local government Republic of Crimea during the transitional period
Release: 2015-1 (6)
Keywords: local government, Republic of Crimea, the subject of the Russian Federation, municipal reform, integration, the legal space of Russia
Annotation: In accordance with the agreement on the entry of the Republic of Crimea and Sevastopol to the Russian Federation was a transitional period for the integration of the Crimea and Sevastopol in the legal system of the Russian Federation. This period ended January 1, 2015. In the present article attempts to analyze the adaptation process of regional regulatory framework of the new Russian region – Republic of Crimea to the Russian legislation on local government
Problems Development of legal consciousness underinternational integration
Release: 2015-2 (7)
Keywords: Legal consciousness. Integration. Migration. Culture. Democracy. Rights of minority
Annotation: This article focuses on the main problems of influence of international integration on the legal consciousness and the ways of their solution. The authors analyze the influence of integration on legal consciousness from the position of migrants, who left their motherland, and from the position of local population
The legal status of the head of the Russian state history and modernity
Release: 2015-1 (6)
Keywords: constitution, the President of the Russian Federation, head of state, state leader
Annotation: This article contains a comparative analysis of forms of government and legal status head of state in Russia and in several foreign countries, as well as conclusions and suggestions on improvement of the legal status of the head of state in Russia
The prevention of professional deformation of students in Russia in the study course «profes-sional ethics of a lawyer»
Release: 2015-2 (7)
Keywords: vocational education, professional deformation, prevention of professional deformation, moral rights, age-specific features
Annotation: The article is devoted to the psychological and pedagogical understanding of prevention of professional deformation of students of the course "Professional ethics of a lawyer." It emphasizes the importance of new forms of communication and dialogue in education. It has been shown that an important task of the teacher is to develop young people's attitudes to overcome specific barriers to the introduction of the achievements of psychology, ethics in the daily practice of law enforcement. The author is convinced that the real professionals ethics should not be an abstract science, but an important and necessary part of their psychological culture capable of giving emerging market economy civilized
Preservation of peoples unity of belorussia, russia and ukraine is a historical inevitability (economic-legal aspect)
Release: 2014-2 (5)
Keywords: united economic space, customs union, euroasian economic association, civilized choice of Slavonic and other countries
Annotation: The article gives reasons for historical inevitability of preservation of peoples unity of Belorussia, Russia and Ukraine on the basis of realization of integration project of “United economic space”, the centre of which becomes “Euroasian economic association”, the contradictions arising on this way and methods of their solutions are being revealed
Developing Ancient East national statehood and its tendency
Release: 2014-1 (4)
Keywords: Ancient East, irrigative agriculture, castes, Dharma Shastra of Manu, varna, sacralization of power, Amenhotep, Ancient Egypt, Mesopotamia, India, China, Brahman, Kshatriya, Vaishya
Annotation: The article is devoted to a brief review of the Ancient East states. Their judicial typology has been made in the paper. The authors try to follow the causal connection between the state’s economic basis and its legal superstructure. The research discusses the castes problem of the Ancient East states
SergeyYulievichWitte. Thepoliticalportrait
Release: 2014-2 (5)
Keywords: In this article thumbnail portrait uhvachena milestones biographies Witte, but certainly not all. Nevertheless, it embodied the brightness and scale figures Witte, his originality. The role and importance of a political leader is especially significant turning points in history. Comp-build political portrait Witte is possible not only on the basis of his actions, studies, memories of him that appeared in the beginning of the XX century, but also in his own memoirs, where his talent as a writer
Annotation: Sergey Yulievich Witte, a political portrait, education, Petersburg society, character, public thinking
Anti-corruption in Russia today: praxeological, analytical and prognostic aspects
Release: 2014-2 (5)
Keywords: state anti-corruption policy; ideological component in overcoming corruption; ensuring the participation of the state in the material support of civil society in combating corruption
Annotation: Based on an analysis of the methodological, conceptual and theoretical aspects of the state anti-corruption policy of Russia, the Report reveals urgent problems to be solved both at the level of scientific support of the theory, and at the level of law enforcement practices, in view of the competencies and characteristics of subjects of public administration in the field of combating corruption. The Report pays attention to the disclosure and generalization of the trends and approaches in the implementation of the management activities, which are crucial in the implementation of the frameworks of national anti-corruption policies and practices. The Report reiterates the significance of public-private partnerships as the fundamental principle of solving the problems identified. As an example, the author provides the results of a twenty-year-long research of anti-corruption activities and the results of monitoring conducted in 2007-2014
Problems of legal status of Constitutional collection of Russian Federation
Release: 2014-2 (5)
Keywords: The Constitution, Federal constitutional law, the Constitutional Assembly, the Constitutional Court
Annotation: The article is devoted to the formation of a Constitutional Assembly is the only body authorized to fix the revised provisions 1, 2 and 9 chapters of the Constitution of the Russian Federation. The article provides an analysis of the draft Federal constitutional Law "On the Constitutional Assembly of the Russian Federation"
LEGAL mechanisms to improve PUBLIC-PRIVATE PARTNERSHIP
Release: 2014-2 (5)
Keywords: mechanism of legal regulation, legal mechanism, the mechanism of lawmaking, legal, public-private partnership, social partnership legislation
Annotation: Based on the analysis of the methodological aspects, identifying the conceptual and legal framework, the need to develop science-based system of public-private partnership, creating organizational and legal conditions focuses on disclosure and summarizing trends and approaches to strengthen and improve the legal mechanism of public-private partnerships to improve the efficiency of public administration in theory and practice of implementation of the state policy in the approval of civil society, legal, social state in Russia
Whether we need changes or loyalty to traditions of national right is necessary
Release: 2014-2 (5)
Keywords: legal system, system of right, continental right, common law, case-law, constitutionalism, judicial practice
Annotation: The system of basic sources of the Russian right is examined in the article, correlation of national and international legal experience is analysed, adherence to the new models of construction of legislation and loyalty to existent legal traditions
The valued priorities in the development of right in modern Russia
Release: 2014-2 (5)
Keywords: freedom, equality, formal legal equality, actual equality, norms of privilege, norms of limitation
Annotation: In the article the basic valued categories of right are examined such as freedom, equality. Their realization is shown in the modern legal system of Russia, the different points of view are considered on the prospect of legal development of the Russian state
From the theory of victory to victory of theory: analysis of military-theoretical looks to character of future war in the USSR (1921–1924). To The Seventieth Anniversary of Great Victory
Release: 2014-2 (5)
Keywords: policy, imperialistic state, idea, soviet work, political character
Annotation: In this article the system of military-theoretical looks is presented to character of a future possible war in the USSR in inter-soldiery years (1921–1941), dignities and lacks of military doctrine, military strategy and theory of the soviet state. Therefore, one of the most essential native problems of soviet military doctrine was making a general look of this question
State in History of Russian Society: Historical,Legal and Political Aspects
Release: 2013-2 (2)
Executive-administrative organs of municipal authority in CIS member states
Release: 2013-1 (1)
Keywords: Executive-administrative bodies, municipal authorities, the CIS Member States, administrative-territorial unit
Annotation: This article analyzes the local government administrative model produced in member countries of the CIS. There are features of those States where local governments were included in the system of organs of State power. Detail of executive-administrative authorities of the republics of Belarus, Kazakhstan, Uzbekistan, Tajikistan, Ukraine.
Aspects of improvement of tax control some by teoretiko-pravovye in the Russian Federation
Release: 2013-1 (1)