Ïðîáëåìû òåîðèè îòðàñëåé ïðàâà
Reference:
Barzilova, I.S. (2013). Definition and legal nature
of legal regimes. LEX RUSSICA (Russian Law), 11, 1169–1175. https://en.nbpublish.com/library_read_article.php?id=63442
Abstract:
The article includes analysis of legal nature of legal regimes, their types and structure. The legal
regimes are defined as certain degree of order of legal means in accordance with the goals and aims
within the legal regulating process. Legal regimes make highly dynamic modern social relations more
sustainable, provide for the integrity of legal system, its development and functioning under the influence
of objective and subjective reality factors. It is noted that legal regimes are implemented via a system
of state government bodies of various levels, and in the course of their activities these bodies provide
procedural guarantees of legal policy in the modern Russia. By the means of regime regulation, the state
has considerable influence upon the social processes, changing their vectors and intensity. The article
includes detailed analysis of legal regimes. The author studies structural elements of legal regimes and
their main types.
Keywords:
jurisprudence, legal regimes, legal means, legal regulation mechanism, means of legal regulation, legal technique, legal definitions, legal regulation, legal nature of legal regime, legal constructions.
Ìåòîäîëîãèÿ ïðàâîâûõ èññëåäîâàíèé
Reference:
Gavrilova, Y.A. (2013). Methodological problems
of the semantic field of law. LEX RUSSICA (Russian Law), 11, 1176–1183. https://en.nbpublish.com/library_read_article.php?id=63443
Abstract:
The studies of the meaning of law within the integrative theoretical cognition model with the
nuclear — peripheral structural organization, which is recognized as the semantic field of law, include authentic
convergence of a number of methods, such as dialectics, synergy, hermeneutic and conceptologic
methods for the purpose of achieving cognition of the meaning of law. The problem of meaning of law and
the model for its resolution via the semantic field require mitigation of the possible contradictions between
the competing legal research methods, as well as including them into the common methodological field of
legal science as relevant and historically adequate instruments. The above-mentioned methods in their correlation
within the model of semantic field of law are not the only suitable methods for such a study. They
have their specific and typical positions within each specific zone of the semantic field of law, which is based
upon recognition of the general thesis under which subjective and objective legal realities do not contradict
each other, rather the meaning of law may be found in their unity. All of the above methodologies in their
totality appear and function within the framework of general problem of meaning and they are related to
the semantic field of law. Solution of methodological problems in the sphere of meaning of law within the
model of its semantic field shall facilitate intensive adaptation of the objectively existing various types of
legal understanding in the Russian legal studies.
Keywords:
methodology, dialectics, hermeneutics, synergy, conceptology, meaning of law, concept, legal understanding, semantic field of law, value.
RESEARCHES OF RUSSIAN STATEHOOD
Reference:
Zabolotskikh, E.M. (2013). Responsibility
of legislative (representative)
government bodies
of the constituent subjects
of the Russian Federation. LEX RUSSICA (Russian Law), 11, 1184–1190. https://en.nbpublish.com/library_read_article.php?id=63444
Abstract:
In order to achieve efficient organization and legal interaction between federal and regional administrative
bodies, it is necessary on one hand to provide for legislative guarantees of independency of
government bodies of the constituent subjects of the Russian Federation, and on the other hand, to establish
precise forms of control and legal responsibility in the interests of preserving integrity of the state. The
article is devoted to the bases, specific features and procedure of application of dissolution of legislative
(representative) bodies of the constituent subjects of the Russian Federation as means of constitutional
legal responsibility. Much attention is paid to the problems of implementation of the responsibility of legislative
(representative) bodies of constituent subjects of the Russian Federation as viewed through the prism
of the practice of the Constitutional Court of the Russian Federation and the Constitutional (Ustav) Courts
of the constituent subjects of the Russian Federation. The author takes into account the new evolutionary
tendencies of legal regulation of such dissolution in Russia and abroad. The author also analyzes the elements
of constitutional offence from the standpoint of legal responsibility theory, with due attention paid
to object of offence.
Keywords:
jurisprudence, elements of crime, President, dissolution, constitutional legal responsibility, constituent subject of the Russian Federation, legislative body, constitution, lawfulness, constitutional court, preliminary termination of powers.
COMPARATIVE LAW
Reference:
Polyanskiy, E.Y. (2013). Theory of component elements
of a crime in the criminal law
of the USA: the key positions
and negative features. LEX RUSSICA (Russian Law), 11, 1191–1204. https://en.nbpublish.com/library_read_article.php?id=63445
Abstract:
The author considers that the theory of component elements of crime in the criminal law of the
USA is going through a hard time. Throughout the period of its historical development, this theory did not
manage to achieve the level allowing to establish due application of criminal law in classification of crimes.
Therefore, there are no common standards in legal practice, leading to rather loose interpretation of legislation
by the courts. American legal scholars spend too much time and effort on meaningless discussion
on the contents of criminal act, immoral nature of psychological attitude to the acts, freedom of will in the
issues of responsibility for the failure to act, etc. At the same time, they fail to pay attention to a number of
practical problems. As a result, the significant shortcomings of the American theory of component elements
of crime do not facilitate achievement of objective truth in criminal cases and application of just punishment
to guilty persons. Such a situation calls for the active study of the theory of component elements of crime
in the US law, and such as study should be held in order to avoid the further mistakes in the development
of national law. Moreover, the «outsider» view on the said problems may prove valuable for the American
legal science, since it presupposes an altogether different view on the possible improvements in the concept
of component elements of crime.
Keywords:
jurisprudence, component elements of crime, actus reus, mens rea, failure to act, qualification, common law, forms of guilt, convergence of law, the Model Criminal Code.
Ïðàâî çà ðóáåæîì
Reference:
Gruber, Joachim (2013). Provisions on cross default
of loan obligations. LEX RUSSICA (Russian Law), 11, 1204–1211. https://en.nbpublish.com/library_read_article.php?id=63446
Abstract:
The so-called «cross default» of debt obligations is a standard provision on the preliminary termination
of an obligation, which is used in international loan agreements. Such provisions may be applied when
the debtor fails to perform his obligations to pay to the other party to the contract, thus causing doubts in his
reputation as a person capable of performing obligations towards other persons. The article includes analysis
of various types of provisions on cross default of loan obligations.
Keywords:
jurisprudence, provisions on cross default of debt obligations, financial agreements, international credit agreements, international loan agreements, standard provisions for termination of contact, banking secret.
Ïðàâî çà ðóáåæîì
Reference:
Korchak, N.N. (2013). Doctrine of «behavior approach»
to guilt when establishing subjective
conditions for the responsibility
in the sphere of competition. LEX RUSSICA (Russian Law), 11, 1212–1215. https://en.nbpublish.com/library_read_article.php?id=63447
Abstract:
Application of responsibility measures for the violations of competition legislation is closely connected
with establishing the guilt of the offender. The civilist doctrine provides for both psychological (subjective)
and behavior-related (objective) understanding of guilt. Taking into account the objective circumstances
provided for by the competition law, presumption of guilty behavior applies in this sphere. The
doctrine of behavior approach to understanding of law in the competition legislation may be described as
an algorithm (act — causality — result). The economic judicial practice proves the practical expediency of
application of the behavior approach to establishing the subjective elements for the application of responsibility
in cases of competition offences. Appearance or possibility of appearance of negative consequences
for the competition may show the negligent form of guilt, when a person could and should have taken
into account and prevented the negative consequences. Unlike the subjective understanding of guilt, the
doctrine of «behavior approach» establishes that guilt is a form of violation of the principles of good faith,
reasonability and justice in the sphere of competition by its participants, as well as violations of fair business
practices in economic sphere.
Keywords:
jurisprudence, guilt, doctrine, offence, competition, legislation, violation, risk, causing, consequence, condition.
Discussion forum
Reference:
Dyachenko, A.P., Tsymbal, E.I. (2013). Social causation of the prohibition
of homosexual propaganda. LEX RUSSICA (Russian Law), 11, 1216–1223. https://en.nbpublish.com/library_read_article.php?id=63448
Abstract:
Liberalization of sexual morals and legitimating of homosexual marriage and raising children in
the same-sex families were natural results of the general social and psychological changes in Europe. The
authors of the article offer a complex of measures, which is aimed to protect psychosexual development
of children, traditional marital and family values. The author offer to use administrative legal measures on
prohibition of sexual deviation propaganda. The authors also provide formulae for the amendments to the
Family Code of the Russian Federation and the Civil Code of the Russian Federation on prohibition of adoption
of children by the citizens of the states, which currently permit same-sex marriages, as well as prohibition
of pedagogical activities for the persons with deviant sexual behavior. The authors offer to amend
the provisions of Art. 134-135 of the Criminal Code of the Russian Federation on compulsory correctional
measures towards pedophiles.
Keywords:
jurisprudence, social control, deviant sexual behavior, homosexual, propaganda, administrative responsibility, criminal responsibility, family legislation, administrative supervision, recidivist prophylactics.
Þðèäè÷åñêîå îáðàçîâàíèå
Reference:
Kalinichenko, P.A. (2013). Europeanization
of the Russian judicial practice
(taking an example of the influence
of the European Union law
on the Russian court decisions). LEX RUSSICA (Russian Law), 11, 1224–1234. https://en.nbpublish.com/library_read_article.php?id=63449
Abstract:
The article includes analysis of the phenomenon of Europeanisation of the Russian judicial practice.
Based on the comparative analysis the author provides detailed evaluation on the issue of constitutional
legal foundations for the Europeanisation of the Russian legislation and judicial practice based upon the norms of the European Union. The author studies legal instruments, allowing to use and apply the European
law within the Russian legal order. There is over a hundred of cases in the Russian judicial practice, where
the courts of various instances and levels used and applied the European Union law. The article provides
analysis of the practice of application of the Partnership Cooperation Agreement between Russia and the
European Union of 1994, as well as other cases regarding use of the European norms and standards. Special
attention is paid to the practice of the Russian arbitration courts on trade, tax and customs cases. The
continuing Europeanisation of the Russian legislation required comparison of the Russian legal norms with
the EU rules and the judicial practice of the Court of Justice of the European Union, when may be found in
the practice of Russian courts.
Keywords:
jurisprudence, Europeanisation, judicial procedure, the European Union, constitutional and legal foundations, practice of the Russian courts, Partnership Cooperation Agreement.
Þðèäè÷åñêîå îáðàçîâàíèå
Reference:
Tumanov D.A. (2013). The problems of correlation
of grounds for the refusal to recognize
and enforce the foreign
judicial decisions under
the Civil Procedural Code
of the Russian Federation
and the international treaties
to which the Russian Federation
is a party. LEX RUSSICA (Russian Law), 11, 1235–1238. https://en.nbpublish.com/library_read_article.php?id=63450
Abstract:
The article concerns an issue on how a Russian court should act, if the grounds for the refusal to
recognize and enforce a foreign judicial decisions under the Civil Procedural Code of the Russian Federation
do not correspond to the provisions of an international treaty, to which the Russian Federation is a party.
The positions of Russian legal scholars are divided. The practical approaches are also ambiguous. The article
contains a conclusion that the list provided for in the Civil Procedural Code of the Russian Federation should
be applied in all such cases, since departure from this position may lead to the situations, when the decisions,
which should not be viable, shall be enforced. It would lead to violations of the Constitution of the Russian
Federation, having supreme legal force (international treaties of the Russian Federation should not contradict
it) and direct application.
Keywords:
jurisprudence, foreign judicial decision, grounds for refusal, refusal to recognize, conditions for recognition of a decision, enforcement of a foreign decision, recognition of a foreign decision, the Civil Procedural Code, the Constitution of the Russian Federation, international treaty, force.
Þðèäè÷åñêîå îáðàçîâàíèå
Reference:
(2013). On the 20th Anniversary
of the Constitution
of the Russian Federation
(the All-Russian Conference
"Topical Issues
of Teaching Constitutional Law"). LEX RUSSICA (Russian Law), 11, 1239–1269. https://en.nbpublish.com/library_read_article.php?id=63451
Abstract:
This publication reflects the materials of the all-Russian conference for the lecturers, teaching constitutional
law, which was devoted to the topical issues of teaching constitutional law and held at the Kutafin
Moscow State Law University. In the year of 20th anniversary of the Constitution of the Russian Federation,
the participants had serious discussion of the topical issues regarding teaching constitutional law within the
context of modern problems in the sphere of constitutional development of the state.
Keywords:
the Constitution of the Russian Federation, constitutional law, state law of the foreign states, constitutional judicial process, municipal law, reform of legal education, Master’s Degree, Bachelors, modern textbook, teaching, educational technologies, competency approach, constitutional model of a lawyer.
Þðèäè÷åñêîå îáðàçîâàíèå
Reference:
Chuchaev, A.I. (2013). Winner and laureates
of the best scientific
book competition. LEX RUSSICA (Russian Law), 11, 1270–1277. https://en.nbpublish.com/library_read_article.php?id=63452
Abstract:
The competition for the best scientific book has been held by the Fund for National Education Development
eleven times by now. There are no similar competitions in Russia, and in fact it is an international
competition. In 2012 scientists from Russia, the Great Britain, Germany, France, Italy, Korea, Armenia, Belarus,
Kazakhstan, and Ukraine took part in the competition. The competition received applications from 4983
scientists from 1267 higher education institutions and scientific research institutions. The Commission chose
winners and laureates in four nominations, including leading scholars in the spheres of fundamental and applied
sciences.
The results of the competition clearly show scientific developments in the higher education institutions.
The presentation of the best scientific works within the framework of an international scientific forum «The Week of Higher Education Institution Science 2013» shall allow people to find out about the new achievements
of the scientists from many regions of Russia and of foreign scientists. Addressing the winners and
laureates of the competition, the President of the Fund for the National Education Development, Vice-Chairman
of the Education Committee of the State Duma of the Russian Federation, the Laureate of the State
Award of the Government of the Russian Federation in the sphere of education and science, Academician
of the State Academy of Sciences «Russian Education Academy», Doctor of Pedagogical Sciences, Professor
M.N. Berulava pointed out that «by your interested participation in this competition, you have proven
that you are ready to use your knowledge and talent for the implementation in the most important spheres
of scientific progress…. Your interest to science, your wish to move it forwards have common respect and
recognition. Your active position, initiative, aim for positive result facilitate the improvement of the general
level of higher education and growth of the scientific potential of Russia, as well as support of the authority
of the Russian education and improvement of its competitive ability». The review provides brief descriptions
of the works of the lecturers of the Kutafin Moscow State Law University, recognized as winners and laureates
of the competition.
Keywords:
jurisprudence, the Fund for National Education Development, competition for the best book 2012, winner, laureates in the «jurisprudence» nomination