Ïðàâà ÷åëîâåêà
Reference:
Krasnov, M.A. (2013). The Christian world-view
and human rights. LEX RUSSICA (Russian Law), 5, 465–477. https://en.nbpublish.com/library_read_article.php?id=61416
Abstract:
The article presents arguments in support of the thesis that the idea of human rights not just complies with
the Christian teachings, but rather roots itself in them. The author criticizes the idea of the anti-Christian nature of
human rights. The supporters of this position consider that the «natural law in its Orthodox Christian interpretation
» does not provide for any rights, but only for the obligations towards God. Then they conclude that natural
law does not contain any inalienable rights. However, supporting his statements with the Holy Scriptures and the
works of the Church Fathers, the author proves that the Christian dispensations are not the obligations towards
God, rather, they are the conditions, which allow human beings to become closer to the image and liking of God.
At the same time, the God may not be subject of morals or law. He is omnipotent, therefore human being cannot
prescribe anything to him. The dispensations are necessary for people. Their meaning is that in their totality they
include the formula for the human dignity. And the human dignity forms the basis for human rights. At the same
time the dispensations point our the organic limitations to human freedoms. Ignorance of this aspect is responsible
for much of the immoral overbroad interpretation of human rights in the modern world.
Keywords:
jurisprudence, human rights, responsibilities, human dignity, Christianity, legislation, Moses, values, morals, moral imperatives, the Ten Commandments.
Ïðàâà ÷åëîâåêà
Reference:
Kirdyashova, E.V. (2013). Intellectual rights within
the system of human rights. LEX RUSSICA (Russian Law), 5, 478–487. https://en.nbpublish.com/library_read_article.php?id=61417
Abstract:
It is traditional that the legal regulation of the intellectual property relations are studied within the
framework of the civil law science. However, the value of intellectual property products in the social life cannot
be diminished to their ability to be objects of turnover of goods. The intellectual activity of a person is his
natural characteristic feature, and it is necessary for the formation of personality and guarantees of individuality.
The ability of the society to use the results of intellectual work is the basis for the existence and development
of the civilization. The article includes the brief insight into the history of legal regulation of intellectual
property products. Based on the analysis of international legal acts, the author comes to a conclusion that
the evolution of the institution of basic human rights and freedoms have always been to some degree related
to the social value of intellectual activities of persons and their results, and it is not likely that this connection
shall vanish in the future.
Keywords:
jurisprudence, intellectual rights, intellectual activity, results of intellectual activity, human rights and freedoms, intellectual property, person, society, intellectual products, system of law.
RESEARCHES OF RUSSIAN STATEHOOD
Reference:
Sergeev, D.B. (2013). Substantial elements
of a municipal entity. LEX RUSSICA (Russian Law), 5, 488–494. https://en.nbpublish.com/library_read_article.php?id=61418
Abstract:
The article is devoted to the differences between the scientific definition of the municipal entity and
its definition in legislative acts and judicial practice, as well as to the differences of municipal entity in jurisprudence
and other branches of science. The author comes to a conclusion that the scientific rules of definition
formation require accentuation on the substantial elements of the municipal entity, which differ it from other
types of public law entities. These elements include the greater degree of closeness to the people in comparison
with the other public law formation, organizational legal support to the local community in its municipal
self-government.
Keywords:
jurisprudence, municipal entity, elements of municipal entity, public law entity, municipal selfgovernment, local community, scientific definition, legal term, science of municipal law, elements of public law entity.
INTERNATIONAL PUBLIC LAW
Reference:
Lyutov, N.L. (2013). Jus Cogens norms
and international labor law. LEX RUSSICA (Russian Law), 5, 495–508. https://en.nbpublish.com/library_read_article.php?id=61419
Abstract:
The article includes analysis of the possible existence of the imperative norms of general international
law (Jus Cogens) in the international labor law. The Jus Cogens norms are the highest source of law in the hierarchy
of international law, and no international treaty or other source of international law may contradict Jus
Cogens. However, the Russian and foreign doctrines of labor law present a variety of opinions on which norms
may be recognized as Jus Cogens in the international labor law. One may state, that the representatives of
the labor law science, are much more liberal towards the possible list o Jus Cogens norms in the international
labor law, when compared to the international law scholars. Considering the possibility for the Jus Cogens
norm to appear without the consent of the sovereign state, and the conservative practice of the international
judicial bodies towards this type of legal norms, as well as the danger of use of this concept for the political
purposes, rather than for the protection of human rights, the article calls for a careful approach to the norms
in question. Based upon the decisions of international courts, one may recognize legitimization of the Jus
Cogens norms on prohibition of discrimination and slavery (being an extreme form of forced labor). However,
all other human rights in the sphere of labor may be regarded as only being in the process of their possible
formation as Jus Cogens norms.
Keywords:
jurisprudence, Jus Cogens, labor law, international labor law, the ILO, the ILO Declaration of 1998, the imperative norms, the basic principles.
Discussion forum
Reference:
Matskevich, I.M. (2013). Criminal type of person:
non-mathematical regulation. LEX RUSSICA (Russian Law), 5, 509–520. https://en.nbpublish.com/library_read_article.php?id=61420
Abstract:
The article contains analysis of different approaches towards the personality of a criminal. The author
analyzes anthropological, biological, social and psychological explanations for the criminal behavior of
a person. Then the author provides an original version of the type of personality of a violent criminal. It is
proven that the mechanisms for the unlawful and law-abiding behaviors are the same. It is stated that any
person is able to commit a crime, and the society is the one which may prevent crimes, and it is to blame for
each criminal.
Keywords:
jurisprudence, criminal type, mechanism for the personality formation, the due measure of prohibitions, personality of a criminal, criminal behavior, law-abiding behavior, criminal privatization, mechanism of human behavior, the psychological sub-structure of a person.
Ïðîáëåìû ïðàâîâîé ïîëèòèêè çà ðóáåæîì
Reference:
Sopylko, I.N. (2013). The scientific bases
for the cyber-security policy
of Ukraine. LEX RUSSICA (Russian Law), 5, 521–527. https://en.nbpublish.com/library_read_article.php?id=61421
Abstract:
The main purpose of the cyber-security policy in a society is to protect the identity of nations and
states, to form the real and efficient mechanisms for the guarantees of information rights and freedoms of
persons in the cyberspace, to prevent the manipulation of mass conscience. The specific feature of the scientific
position towards the cyber-security policy is that the ontological concept of cyber-security policy is the
consequence of the paradigm understanding of the multi-vector development of the information society and
the variety of it’s alternatives, it presupposes the inability to define the vectors of its developments in advance
and clearly regulate the broad specter of information relations by law. From the epistemological point of view,
the concept of the cyber-security policy helps to operationalize the interdisciplinary methodology to its formation
and to apply it with the due addition of an adequate methodological instruments in order to develop
an efficient mechanism of the cyber-security policy taking into account the modern tendencies of the new
cyber-threats and the inter-disciplinary character of sciences. From the axiological point of view, the concept
of cyber-security policy should be recognized as a value, which a document of such conceptual level possesses,
in order to be legitimized. The modern world and the formation of the digital universe are not possible outside
the context of the cyber-security policy.
Keywords:
jurisprudence, legislation, cyber-security, cyber-threat, cyberspace, information, legal relations, politics, concept, optimization.
Ïðîáëåìû óãîëîâíîãî ïðàâà è êðèìèíîëîãèè
Reference:
Khilyuta, V.V. (2013). The onthology of economic crime:
from the definition to establishing
the essential elements. LEX RUSSICA (Russian Law), 5, 528–541. https://en.nbpublish.com/library_read_article.php?id=61422
Abstract:
The article is devoted to the issues of methodological understanding of the nature of economic crime,
the author analyzes the causes for the appearance of this term, it dogmas and modern understanding of
the elements of economic crimes. The author views various concepts and provides the ontological approach
towards the essential elements of crimes against economic activity. Much attention is paid to the history of
development of criminal legislation in the economic sphere, the author analyzes object and system of crimes
against the economic activities (in the sphere of economic activities). Based upon the analysis of criminal legislation
of Russia and Belarus, as well as the legal doctrine, the author points out the tendencies of development
of the criminal law norms in the economic sphere, and he points out the tendencies for the development of
criminal law norms in the economic sphere, as well as the conceptual bases for the formation of the object and
system of economic crimes within the framework of new social market relations.
Keywords:
jurisprudence, economic crimes, elements of crimes, crimes in the sphere of economy, property crimes, concepts of economic crimes, definition of crimes in the sphere of economics, crimes against property, object of crimes, system of crimes.
HISTORY OF STATE AND LAW
Reference:
Sidorkin, A.I. (2013). Military punishments
in the Russian Empire
(1725-1855). LEX RUSSICA (Russian Law), 5, 542–559. https://en.nbpublish.com/library_read_article.php?id=61423
Abstract:
The article contains analysis of legal regulation of the military punishments. The author makes a
conclusion that the Russian criminal military law showed «immobility» of forms of punishment throughout its
history. In spite of the codification of the Russian legislation in the first half of the XIX century, the types of punishment
in various acts of the Russian Empire were not unified. Moreover, the competition remained among
the norms of the Penal Code of 845 and the Military Criminal Statute of 1839. By the middle of XIX century the
system of military punishments was not yet formed.
Keywords:
jurisprudence, punishment, crime, military officer, discipline, the Statute, the Code, law, offence, capital punishment.
REVIEWS, NEW BOOKS
Reference:
Koistinen, Jarmo (2013). The review
on the book by Detkov A.P.
«Theoretical and methodological problems
of penitentiary conflict resolution studies:
aspects of criminal and penal law:
the monograph». Ekaterinburg;
the Publishing House
«The Urals State Legal Academy»,
2011 – 256 p. LEX RUSSICA (Russian Law), 5, 560–562. https://en.nbpublish.com/library_read_article.php?id=61424
Abstract:
The article includes a detailed analysis of the book by A.P. Detkov. The author shows its topicality,
scientific novelty of many provisions, theoretical and practical value, he includes comparison with the penitentiary
system of Finland, pays attention to the author’s typology of penitentiary conflicts and methodology
for their resolution with the participation of the personnel of penitentiary institutions and the convicts, which
is based on the globally recognized sociological and psychological theories, therefore, the scientific achievements
of the Russian scientist may be used for the resolution of penitentiary conflicts in the foreign states as
well as in Russia. The author provides positive evaluation of the penitentiary conflict resolution studies as a
branch of scientific knowledge, which is situated on the verge of traditional sciences — legal studies, forensic
studies and psychology, while it still possesses some specific features, which single it out from the general conflict
resolution studies. Much attention is paid to the practical issues, such as the methodology of diagnostics
of the penitentiary conflicts, forensic and organizational methods for the prevention of penitentiary conflicts,
uncovering, prevention and resolution of certain types of conflicts.
Keywords:
jurisprudence, penitentiary, conflict resolution studies, criminal and penal law aspects, typology of penitentiary conflicts, methodology of diagnosis, prevention.