Проблемы теории отраслей права
Reference:
Lipen, S.V. (2013). Problems of structuring
and development
of scientific knowledge. LEX RUSSICA (Russian Law), 10, 1047–1055. https://en.nbpublish.com/library_read_article.php?id=63252
Abstract:
Studies of the issues regarding structure and development of theory of state and law are quite
topical within framework of a number of methodological problems in the modern legal science, allowing to
study the evolution patterns of legal scientific knowledge. From the standpoint of level-related approach to
the scientific structure the general theory of state and law include the medium-level theory and private law
theories. The inner structure of general and private law theories is formed by legal categories and scientific
ideas, which discuss the patterns of functioning of the legal system in a society. Development of theory of
law and state may be presented as a process of ever greater specification of scientific knowledge, presupposing
the complex multi-level studies of more and more specific legal issues, as well as consecutive development
of legal categories and scientific ideas. In order to study methodological problems of formation
and development of the theory of state and law, one should take into account both the general scientific
approaches (issues of formation and structure of scientific knowledge, directions of scientific development,
patterns and stages of this process), as well as scientifically uncovered patterns within specific legal theories,
characterizing the process of their formation and development (objective criteria for the formation of
private scientific theories, correlation of its object with the object of general theory, specific features of its
methodology, structure, functions, etc.
Keywords:
jurisprudence, theory of law and state, structure of theory of law and state, private scientific legal theory, medium-level theory, legal category, development of theory of law and state, specification of scientific knowledge, scientific studies, philosophy of science.
THEORY OF LAW
Reference:
Demchenko, T.I. (2013). On contingent truth
of legal conscience. LEX RUSSICA (Russian Law), 10, 1056–1065. https://en.nbpublish.com/library_read_article.php?id=63253
Abstract:
The article is devoted to understanding and meaning of contingent truth of legal conscience, laying
the ground for understanding of unconditional truth, which is towering above formal logical knowledge and
defines it. The modern situation in the Russian society, state, conscience and culture, the need to develop
a national idea, state legal ideology, novel geopolitical reality are calling for the further study of legal conscience,
cognition of its theoretical truth, uncovering the practical need within the state and law framework.
According to a materialistic model legal conscience (and conscience in general) is reflection on state,
law and other material matters of the world via the processes in a human mind. At its base one may find the
knowledge, gained with the senses. Establishing the truth is connected with statements, which adequately
reflect upon the material reality. Contingent truth is gained due to sensory perception, logical thinking, rational
knowledge, appearing within a specific historical framework, and it changes in accordance with the
changes of these conditions.
Keywords:
jurisprudence, rational cognition, conception thinking, empirical legal conscience, territorial legal conscience, temporal legal conscience, legal determinism, contingent truth, unconditional truth, objective truth, historic truth.
HISTORY OF STATE AND LAW
Reference:
Polikarpova, E.V. (2013). Formation of the empire idea
in the German history. LEX RUSSICA (Russian Law), 10, 1066–1080. https://en.nbpublish.com/library_read_article.php?id=63254
Abstract:
The article includes analysis of attempts to renew the Western Roman Empire «with the force of
German arms», which were taken by the kings of Roman-German states and later by the Emperors of the
Holy Roman Empire. It is shown how the ambitious project of «Sacrum Imperium Romanorum» became the
«Reich of German Nation». The lasting conflict between the power of Emperors and Popes has shown that
both parties were not ready to control their personal motives in order to fulfill a historic mission. The Popes
and the Emperors failed to fulfill the testament of Charlemagne on the returning to the unity of the Christian
world, or at least the Western Europe, and their policies led to the opposing results. This conflict has
became one of the reasons for the failure of the Crusades of 1096 to 1270, which were aimed at retrieving
the Middle Eastern provinces of the former Roman Empire from the Islam. However, most of the leaders of
the Crusaders were not able to interact constructively. The loss of control over Italy by the Hohenstaufens
lead to the changes in the character of the Empire. The Roman-German «Sacrum Imperium Romanorum»
lost its universal character, becoming «Heiliges Römisches Reich Deutcher Nation», and de facto the First
Reich of the German Nation. The formula «The Holy Roman Empire of the German Nation» appeared in the
2nd half of the XV century at the time of the Emperor Friedrich the III, however, de facto the situation was
formed earlier. However, the idea of «translatio imperii» was not exhausted, and its novel modification and
new figures have appeared.
Keywords:
jurisprudence, history, Empire, Germany, Reich, nation, force, arms, Rome, the Pope.
Правовые проблемы миграции
Reference:
Bessarabov, V.G. (2013). Guarantees of lawfulness
in the sphere of migration
by the prosecution bodies. LEX RUSSICA (Russian Law), 10, 1081–1093. https://en.nbpublish.com/library_read_article.php?id=63255
Abstract:
The article is devoted to the activities of the Prosecution of the Russian Federation in the sphere of
guarantees of lawfulness in respect to migration. It concerns the issues of lawful labor migration, illegal migration,
internal migration in Russia. The author characterizes the activities of the controlling and supervising
bodies working in this legal sphere. Much attention is paid to the guarantees of lawfulness in the sphere of
migration by the prosecution bodies in the Russian Federation.
Keywords:
jurisprudence, prosecutor supervision, migration, human rights, International Organization for Migration, the states of the Commonwealth of Independent States, lawful labor migration, illegal migration, internal migration.
Правовые проблемы миграции
Reference:
Kashkin, S.Y. (2013). The concept for the examination
on the legislation
of the Russian Federation
for the migrant workers. LEX RUSSICA (Russian Law), 10, 1094–1097. https://en.nbpublish.com/library_read_article.php?id=63256
Abstract:
The article is devoted to the concept discussion for the organization, holding and legal regulation of
the exam on the fundamentals of the legislation of the Russian Federation for migrant workers. It formulates
goals and principles, as well as significant elements of the said exam, showing its relation to the exams on Russian
language and Russian history. The author offers the options for interaction of the relevant ministries and
institutions, as well as optimum forms and methods for holding such exams. The author analyzes the measures
for the efficient implementation of the relevant components of the Strategy for the State National Policy of the
Russian Federation till 2025.
Keywords:
jurisprudence, migrant workers, fundamental of the legislation of the Russian Federation, the Constitution of the Russian Federation, adaptation, integration, guarantees of rights, national security, strategy, exam.
Правовые проблемы миграции
Reference:
Pang Dongmei (2013). Composition of crimes committed
by foreign citizens
in the Far Eastern Region
of Russia. LEX RUSSICA (Russian Law), 10, 1098–1106. https://en.nbpublish.com/library_read_article.php?id=63257
Abstract:
The problem of crimes committed by the foreign citizens during their stay abroad is topical for most
states in the world, Russia included. Fighting crime by foreign citizens and apatrides became an important vector
in a criminal law policy of many states. In early XXI century in Russia over 90 per cent of crimes committed
by foreign citizens and apatrides are referring to the citizens of the CIS Member States. A number of crimes
by Chinese persons is no more than 1 per cent of the total amount of crimes committed by foreign citizens.
Criminal situation, its dynamics and structure in the Far Eastern region of Russia are somewhat different in
comparison with the statistics for the state in general.
Keywords:
jurisprudence, migration, illegal migration, the Far Eastern region of Russia, crime by foreign citizens, condition, structure, dynamics.
INTERNATIONAL PUBLIC LAW
Reference:
Dremlyuga, R.I. (2013). International legal regime
of the Black Sea straits. LEX RUSSICA (Russian Law), 10, 1107–1114. https://en.nbpublish.com/library_read_article.php?id=63258
Abstract:
The article is devoted to the analysis of the modern situation regarding international legal regulation
of the navigation in the Black Sea straits. The author tries to find an answer to the question of how one should
interpret the unilateral changes in the navigation regime in the Black Sea straits by Turkey from the standpoint
of international maritime law. Special attention is paid to the application of the UN Convention on the Law
of the Sea of 1982 in order to establish the legal regime of the Black Sea straits. The author attempts to find
out whether the norms of the Convention are binding for the Turkey. The article also concerns the latest acts
adopted by Turkey. The analysis has shown that all of these acts are in violation of international law in some
respects. The author made a conclusion that in spite of provisions of the international maritime law on the
possibility for the coastal state to introduce new security and environmental protection rules for the straits, it
should be implemented with due regard to the international commercial navigation.
Keywords:
jurisprudence, commercial navigation, security guarantees, international law, maritime law, the Montreux Convention, the Black Sea straits, the coastal states, legal regime, the UN Conventions, navigation.
Проблемы охраны культурного наследия
Reference:
Akopdzhanova, M.O. (2013). Protection of cultural rights
of citizens. LEX RUSSICA (Russian Law), 10, 1115–1123. https://en.nbpublish.com/library_read_article.php?id=63259
Abstract:
The article is devoted to the issues of fighting encroachments on the cultural rights of citizens, the
problems of blanket disposition norms in the Russian criminal legislation on responsibility for the crimes
against cultural rights of citizens, analysis of the elements of such crimes. As a result of the study of criminal
legislation and the legal practice, the author proposes to amend a number of norms regulating security of cultural
values. The blanket character of criminal law norms require taking into account the legislation on culture
both in the law-making and in the legal practice.
Keywords:
jurisprudence, law, disposition, norm, culture, right, improvement, legal practice, protection, valuables.
CRIME CONTROL
Reference:
Volkonskaya, E.K. (2013). Poverty in determination
of the repeated violent crimes. LEX RUSSICA (Russian Law), 10, 1124–1132. https://en.nbpublish.com/library_read_article.php?id=63260
Abstract:
Based upon the analysis of social and psychological specific features of the poor and statistical data
on the crimes of its representatives, the author uncovers the correlations between poverty and repeated violent crimes Poverty, in which a person may live throughout his life forms persistent personal traits, and they
remain after criminal legal measures applied to such a person after previously committed crimes, therefore,
combined with other factors it continues to determinate his further violent crimes. The author analyzes various
mechanisms for the interaction between the environment of poverty and personality, causing repeated
violent crimes.
Keywords:
jurisprudence, poverty, repeated crime, violence, crime, criminal, inequality, determination, economic, pauper.
Противодействие преступности за рубежом
Reference:
Suleymanova, S.T. (2013). Imposition of punishment
in the criminal law of Canada. LEX RUSSICA (Russian Law), 10, 1133–1145. https://en.nbpublish.com/library_read_article.php?id=63261
Abstract:
The article includes analysis of the modern situation in the criminal legislation of Canada regulating imposition
of punishment. The analysis of the norms of the Criminal Code of Canada allows to divide the principles for the
imposition of punishment into two groups: 1) basic (fundamental) principle, which is the principle of proportionality
of punishment and 2) additional principles. As a results of analysis, the author finds similarities in the sphere of
imposition of punishment in Russia and in Canada, as well as some differences. It is established that unlike in the
Criminal Code of the Russian Federation, the Criminal Code of Canada does not provide for a limited list of aggravating
circumstances. The article includes analysis of imposition of punishment to legal entities and specific features
of criminal record in the Canadian criminal law. The author offers to use this experience in order to achieve fairness
in imposition of punishments.
Keywords:
jurisprudence, crime, punishment, assigning punishment, Canada, criminal code, sentence, principles, proportionality principle, alleviating circumstances, aggravating circumstances.
NAME IN SCIENCE
Reference:
Luneev, V.V. (2013). Kudryavtsev:
a person, a scientist, a citizen. LEX RUSSICA (Russian Law), 10, 1146–1151. https://en.nbpublish.com/library_read_article.php?id=63262
Abstract:
On October 5, 2007 a renowned scientist Vladimir Nikolaevich Kudryavtsev died. Legal and social sciences
lost a renowned lawyer, forensic scientist, social scientist, political scientist, Doctor of Law, Professor,
Merited Scientist of the Russian Federation, talented organizer and an acting member of the Academy of Sciences
of the USSR, and later of the Russian Academy of Science, its former Vice-President, and curator of social
sciences at the difficult times of Perestroika and market reforms. Throughout his life he served state and law,
legal and social sciences, formation of a rule-of-law state, and fighting crime. The lawyers responded to the
death of Kudryavtsev with many articles and memoirs by his colleagues and students, including the author of
this article. Vladimir Nikolaevich Kudryavtsev was born in Moscow on April 10, 1923.
Keywords:
jurisprudence, Vladimir Nikolaevich Kudryavtsev, Doctor of Law, Professor, Academician, Vice-President of the Academy of Sciences of the USSR, the Russian Academy of Sciences, forensic scientist.
NAME IN SCIENCE
Reference:
Naumov, A.V. (2013). Criminal law views
of Academician Kudryavtsev. LEX RUSSICA (Russian Law), 10, 1152–1155. https://en.nbpublish.com/library_read_article.php?id=63263