THEORY OF LAW
Reference:
Lazarev, V.V. (2013). The search of science on law and state
(scientific and journalistic essay). LEX RUSSICA (Russian Law), 4, 345–352. https://en.nbpublish.com/library_read_article.php?id=62624
Abstract:
The article contains some thoughts on scientific approach to the studies of state and law, as well as
some critical evaluations on the current condition of the Russian legal science. The author is searching for scientific
elements in works of some scholars, groups of scholars and institutions, but finds it in the virtual sphere.
And one is to ask again whether those, who consider state and law to be a social construction rather than an
objective reality, are right, and whether one should search in the sphere of virtual reality, where the objective
truths are replaced by objects and symbols of real things, and where evidence ad hominem does not require
correspondence to the strict values of science. Therefore, one may look critically at the scientific criterion of
the research method and the science itself is not divided from myth, religion, etc.
Keywords:
jurisprudence, science, scientist, school, works, evaluation, results, reality, virtuality, modernism.
THEORY OF LAW
Reference:
Przhilenskiy, V.I. (2013). Jurisprudence, philosophy
and the search for the objective truth:
problems of institutioonalization
of one philosophic term. LEX RUSSICA (Russian Law), 4, 353–360. https://en.nbpublish.com/library_read_article.php?id=62625
Abstract:
The article is devoted to the analysis of topical issues, regarding application of the philosophical knowledge
in the current Russian legislation and legal practice. The author studies heuristic value and theoretical topicality of
the methodology of the dialectic materialism within the context of the newest philosophical and methodological
developments. The author shows the problems in the traditional definitions of the basic theoretical and cognitive
definitions, which was uncovered during the linguistic turn in the philosophy. The author then evaluates whether
it is reasonable to introduce into legislation ideas, definitions and concepts, which genetically relate themselves to
one of philosophical traditions, which is neither the newest, nor the most authoritative one. The article provides
comparative analysis of inclusion of definition of truth into the criminal procedural codes of different states and
historical periods, and it also evaluates the problems of correlation of the modern philosophy and the methodology
of legal cognition. The author supports the idea that the concept of truth is present In these texts as a common since
term applied within the regular word usage, rather than a philosophical or scientific term.
Keywords:
jurisprudence, philosophy, dialectics, methodology, truth, objective, hypostasis, institutionalization, conceptualization, legislation.
IMPROVEMENT OF LEGISLATION
Reference:
Svirkov, S.A. (2013). Legal instruments
for the turnover
of electric energy. LEX RUSSICA (Russian Law), 4, 361–366. https://en.nbpublish.com/library_read_article.php?id=62626
Abstract:
The article includes an attempt to reevaluate the existing legal instruments in the sphere of turnover
of electric energy. Since application of the traditional legal instruments for turnover of goods (things) is impossible
in the sphere of turnover of electric energy, there is an acute need for the formation of the legal mechanisms,
which would fully correspond to the specific legal nature of electric energy. Such a mechanism may be
turnover of specific type of rights to electric energy. This conclusion is given detailed basis in this article. At the
same time, the author differentiates these rights; he singles out financial and physical rights to electric energy,
as well as their specific features.
Keywords:
jurisprudence, electric energy, sale, rights, turnover, market, selection, deals, goods, contract.
INTERNATIONAL PUBLIC LAW
Reference:
Moiseev, E.G. (2013). The process of regulation
of the conflict in the Middle East. LEX RUSSICA (Russian Law), 4, 367–378. https://en.nbpublish.com/library_read_article.php?id=62627
Abstract:
The problem of regulation of the conflict in the Middle East is one of the most long standing (since
1948) unresolved international problems. The article is devoted to the process or regulation of this conflict
during the late years, in which Israel, Palestine and the neighboring Arabic states and the UN take part. The
author also shows the policy and actions of the Russian Federation in the sphere of resolution of the conflict
in the Middle East.
Keywords:
jurisprudence, the Middle Eastern, conflict, regulation, complications, process, Palestine, Israel, the UN, Russia
COMPARATIVE LAW
Reference:
Nasonov, S.A. (2013). The models of review
for the court decisions based
on the jury verdict in criminal cases
in Russia and foreign states. LEX RUSSICA (Russian Law), 4, 379–390. https://en.nbpublish.com/library_read_article.php?id=62628
Abstract:
The article is devoted to the study of the historically forms of appeal (review) of the criminal case
judgments, which are based upon the jury verdict, and which did not yet enter into force at the time of appeal.
The first procedural form of review for such judgments is the appeals form, and it includes various models for
such review. The first model of the appeal review of the judgment, which is based on the jury verdict, requires
that the case is heard anew with a different jury. Currently the classic jury trial is included into the appeal only
under Norwegian legislation. This model is the closest to the understanding of appeal as the repeated hearing
of the criminal case. The second model of appeal is applied in the states with an Anglo-Saxon legal system (the
Great Britain, Canada, the USA, etc.), and it does not include the «classic» repeated process, while the appeals
court has a right to review the decision of jury on guilt of the convict, factual and legal elements of the guilty
verdict, which allows one to recognize it as full appeal model. The third model (present in the Criminal Procedural
Code of Spain) is «partial» appeal, when the criminal judgment is reviewed only in part of violations of
procedural and material law.
The second procedural form for the review of such judgments is classic cassation, as present in the continental
type of criminal judicial procedure. The third model for the review of such judgment is provided for in the
Criminal Procedural Code of Austria, which allows for the review alternatively in cassation or appeals form.
The appeals review of the criminal judgments based on jury verdicts in the Russian Federation may be classified
as «partial appeal». The article also includes analysis of the specific features of appeals on criminal judgment
based on jury verdict in the Russian legislation.
Keywords:
jurisprudence, appeals, procedure in court, trial by jury, verdict, cassation, models for the review of criminal judgments, full appeal model, partial appeal model, remission of a sentence, substantial breach of law.
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Reference:
Pang Dongmei (2013). The problems
of juvenile crime
and fighting juvenile crime
in the People’s Republic of China. LEX RUSSICA (Russian Law), 4, 391–400. https://en.nbpublish.com/library_read_article.php?id=62629
Abstract:
The current state of juvenile crime in the People’s Republic of China worries the Chinese society. The
number of juvenile crimes In China is constantly growing. Their characteristic features are violence and lucrative
character. In late years the juvenile crime becomes «younger», and the criminal activities of the younger
children are growing. There is also a considerable growth of the group juvenile crime, and the methods of
juvenile crime are developing. In order to efficiently prevent juvenile crimes, the complex of measures should
be taken, and they should be based upon the provisions of forensic science, social studies, psychology, criminal
law as well as criminal law policy of the state.
Keywords:
jurisprudence, juvenile crime, complex of prevention measures, legislative regulation, condition, share, typological variety, tendency, dynamics, causes of crime.
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Reference:
Toporkov, A.A., Serbin, I.S. (2013). Forensic and organizational specific
features of investigations
of criminal assault
on commercial secret. LEX RUSSICA (Russian Law), 4, 401–409. https://en.nbpublish.com/library_read_article.php?id=62630
Abstract:
The article includes analysis of forensic and organizational specific features of investigation of cases
of unlawfully obtaining commercial secret information. The authors study the primary stage of criminal process,
initiation of criminal case, the preliminary examination and its specific features, typical investigation
situations at the primary stage of investigation, and the due course of actions in such situations. The authors
note the importance of instruments, which allow to improve efficiency of thinking and organization of activities
of an investigator, and they note that the use of information models and typified programs allow to ease
the understanding of the investigated situation, to clarify the goals of investigation and to find, recognize,
systematize and evaluate the necessary information. Additionally, the analysis of the factual data, provision of
versions and planning for specific investigation become much easier
Keywords:
jurisprudence, preliminary examination, recommendation, specific features of investigation, investigation situations, information, programs of actions, methods, information models, goals of inspection.
HISTORY OF STATE AND LAW
Reference:
Georgievskiy, E.V. (2013). Property as an object
of protection in the criminal law
of the ancient Russia. LEX RUSSICA (Russian Law), 4, 410–420. https://en.nbpublish.com/library_read_article.php?id=62631
Abstract:
In the ancient Russian criminal law property was one of the most important object of protection
under criminal law. The encroachment upon property is recognized as criminal in almost all of the ancient
Russian law, including the treaties between Russia and Byzantine Empire, the Russian Truth, the Pskov and
Novgorod Judicial Charters, the treaties of the Russian cities with the Germans. The ancient Russian legislator
gives detailed provisions on characteristic features of victims, objects of criminal encroachments and methods
of crimes against property, which included not only theft and unlawful use of property belonging to other
persons, but also destruction and harming of property. Such attention to characteristic features to object and
objective elements of crime facilitated the formation of the optimal mechanism for the differentiation of the
criminal responsibility of persons found guilty of such crimes. The presence or absence of property defined
many vital issues for the ancient Russian people. These issues included the social stratification and legal self-
Identification of person in the ancient Russian state. That is why encroachments on property were severely
punished in the criminal law of the ancient Russia, and the punishment could be capital. Modern ideas on object and system of the judicial expertology.
Keywords:
jurisprudence, theft, armor, arms, horse, future use, code, bail, arson.
Discussion forum
Reference:
Rossinskaya, E.R. (2013). Modern ideas on object
and system of the judicial
expertology. LEX RUSSICA (Russian Law), 4, 421–428. https://en.nbpublish.com/library_read_article.php?id=62632
Abstract:
The article includes brief analysis of history and objective prerequisites for the formation of the theory
of judicial disciplines as an interdisciplinary theory in 1980s — 1990s. it is noted that the growing value of
special knowledge In the judicial procedure, development of theory and practice of the judicial expertise in
the XXI century requires the reevaluation of the concept of the judicial expertise and raises it to the level of
science. Based on the retrospective analysis of the theoretical scholars of judicial expertise in the last 20 years,
the author offers her own definition of the object of the judicial expertology, which is based upon the key patterns, studied by this science, as well as the four-level system of science, including the general theory of judicial
expertology, legal guarantees of judicial expert activity, organizational guarantees of judicial expert activity,
judicial expert technologies.
Keywords:
jurisprudence, judicial expertise, expert, judicial expert activity, theory of judicial expertise, method of judicial expertise, judicial expertology, expert technologies, judicial expert institutions, competence of expert.
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Reference:
Zaitseva, L.A., Molchanov, N.A. (2013). Information and analytical review
of the dissertations presented
in 1992 in the dissertation councils based
at the Kutafin Moscow State
Law University. LEX RUSSICA (Russian Law), 4, 429–451. https://en.nbpublish.com/library_read_article.php?id=62633
Abstract:
The authors analyze the dissertations, which were presented at the dissertation councils, as formed
on the basis of the Kutafin Moscow State Law University, in order to establish their compliance with the requirements
of the Provisions for the Awarding of the Scientific Degrees, they note the topicality of issues, and
high scientific level of studies. All of the dissertations include the novel scientific results and provisions, which
are presented by their authors for the public presentation, they have inner unity and show the input of their
authors into science.
Keywords:
jurisprudence, dissertation, doctor of sciences, PhD, dissertation council, specialty nomenclature, statistics, research advisor, scientific consultant, department.