Проблемы теории отраслей права
Reference:
Vedeneev, Y.A. (2013). Object and structure of legal theory. LEX RUSSICA (Russian Law), 6, 521–632. https://en.nbpublish.com/library_read_article.php?id=62723
Abstract:
The article is devoted to one of the most fundamental issues in the legal science, which is related
to the doctrinal and institutional practices of its formation and development, and is in some respects a
response to an article by Professor V.V. Lazarev «Legal science: current state, challenges and perspectives
(theoretical thoughts)» (Lex Russica, 2013, 2). The necessity of the studies of this problem is due to the need
to widen the possible scope of the grounds for the epistemological turns in the development of the legal
science as a whole, and theory of state and law in particular. Introduction of the categories «legal text» and
«legal language» renews and changes the epistemological system within the evolution of the legal theory
itself. These general categories include the possible reflections of the legal source in general — its ontology
and axiology.
Keywords:
jurisprudence, legal theory, legal ontology, epistemological turn, legal concept, legal text, legal language, legal communication, self-reflection, conceptual nucleus, linguistic turn, meta-theory.
THEORY OF LAW
Reference:
Djamalova, E.K. (2013). Problems of studying
the legal culture of the peoples
of Dagestan. LEX RUSSICA (Russian Law), 6, 577–586. https://en.nbpublish.com/library_read_article.php?id=62719
Abstract:
The issue of legal culture of the Dagestan peoples as a subject and factor for the social changes
should be re-introduced within the framework of the methodological search. The multi-dimensional research
model should be applied to the analysis of the legal culture of the peoples of Dagestan, and the methodology
of studies should be modern, and it should be based upon the new paradigm of legal cognition as a whole.
In addition to the methodological basis (strictly speaking) one should establish within the structure of methodology
of historical legal studies of the legal culture a number of conceptual approaches, which define its natural
vector, legal positivism, being an obvious, but not an only one conceptual basis for it. Legal culture is not
only a normative legal matter in the social life, it is also an ethical, social and legal phenomenon, therefore,
the sociological school of law should also be regarded as a basis for the historical legal studies of legal culture.
One should single out civilization, synergetic and culturological approaches. It is stressed that the studies of
legal culture shall be fruitful, if one is to use a systemic analysis of evolution and self-organization. The succession
in the legal culture of the peoples of Dagestan implements an immanent ability for self-preservation of
the inner basis, and it guarantees stability and sustainability, and it also gives an inner determining impulse
for the further development of the system. Therefore, the most important aspect of studying the factors,
which influence the formation of the legal culture of the peoples of Dagestan is analysis of real legal and
social-cultural situation in the Republic of Dagestan.
Keywords:
jurisprudence, legal culture, Dagestan, self-organization, custom, succession, methodology, synergy, civilization and culturological approaches.
Методология правовых исследований
Reference:
Kotenko, E.S. (2013). Definition
and characteristic features
of a multi-media product. LEX RUSSICA (Russian Law), 6, 587–600. https://en.nbpublish.com/library_read_article.php?id=62720
Abstract:
The article contains novel results of intellectual activities, which are formed with the use of computer
technologies. Currently it is necessary to establish their legal nature. Based upon the analysis of the
specific features of the legal relations regarding the use of some results of intellectual activity, such as computer
games, Internet sites, virtual museums, etc., the author comes to a conclusion that they are types of
multi-media products. The author offers a definition of multi-media product as an electronic (digital) object
of copyright, which includes several protected results of intellectual activities (computer programs, works
of art, music, etc.), and which interacts with a user via computer machinery. The author also shows the key
specific features of this result of intellectual activity (complicated character, virtual character, interactivity),
and establishes the point of view, under which lack of one of these features means that the product is not a
multi-media product.
Keywords:
jurisprudence, multimedia product, complicated object, intellectual property, Interactive, virtual, computer program, database, Internet website, audio-visual work.
Проблемы теории отраслей права
Reference:
Zinovieva, O.A. (2013). Environmental control and supervision:
problems of their correlation
in theory and legislation. LEX RUSSICA (Russian Law), 6, 601–615. https://en.nbpublish.com/library_read_article.php?id=62721
Abstract:
Having analyzed the legislation and the amendments to it, the author finds solutions to several problems,
including correlation of environmental control and environmental supervision, definitions of environmental
control and control in the sphere of rational use of natural resources, types of environmental control.
The author also attempts to find out why there is no municipal control in the sphere of environmental protection
(environmental control), while there is municipal control in the sphere of use and protection of environmental
resources.
Keywords:
jurisprudence, state, supervision, control, analysis, environmental, natural, resources, protection, environment.
Проблемы теории отраслей права
Reference:
Kalinina, T.M. (2013). The compulsory measures
of medical character:
definition, types and goals. LEX RUSSICA (Russian Law), 6, 616–520. https://en.nbpublish.com/library_read_article.php?id=62722
Abstract:
The article is devoted to the problem of basis, goals and types of the compulsory measures of medical
character. It analyzes their contents, periods and other related issues. The author formulates their definition
as measures, which are applied to the people, who have committed the socially dangerous acts acting under
the conditions of psychological disorder or suffering from a psychological disorder, and which include medication
treatment, physiological or psychological influence, aimed to cure and to improve the psychological
condition of such persons and prevention of new socially dangerous acts by these persons. The author comes
to a conclusion that the basic international legal acts, which touch upon the status of certain categories of
persons, including the persons suffering from psychological disorders, are aimed to protect the latter persons
from discrimination.
Keywords:
jurisprudence, compulsory measures of medical character, psychological disorder, socially dangerous act, judicial psychiatric expertise, legal status, person, discrimination, compulsory medical treatment, punishment.
Проблемы правовой политики за рубежом
Reference:
Yuzikova, N.S. (2013). Key direction of protection
of rights of the juveniles
in implementation of justice
and application of measures
of criminal legal influence in Ukraine. LEX RUSSICA (Russian Law), 6, 633–640. https://en.nbpublish.com/library_read_article.php?id=62724
Abstract:
The article is devoted to the legal status of a juvenile person within the process of Implementation
of justice and application of the measures of criminal legal Influence. Based on the studies of judicial practice, the author discusses the gaps in the guarantees of the rights of juveniles in the process of assigning
a punishment, which in turn violates the principle of fairness, equality and individual character of criminal
responsibility. The author discusses a number of problems, which appear in the practice of assigning
punishment, when the conditions excluding their application for some age groups are present. The author
provides grounds for the need to amend the legislation of Ukraine on criminal responsibility regarding
property-related t punishments, taking into account the normative and judicial practice of the Russian
Federation. The author discusses procedural bases for the protection of the rights of juvenile persons in the
new Criminal Procedural Code of Ukraine, characterizes them based upon certain stages of criminal process
and offers optimum forms of introduction of foreign experience regarding training of personnel working
with juvenile delinquents into the Ukrainian legal practice. The further reform of the judicial system regarding
the underage persons in Ukraine and application of adequate criminal legal and educational measures
to them shall allow to optimize the conditions for the formation of the socially acceptable behavior of the
juvenile persons in the society.
Keywords:
jurisprudence, juvenile, individualization of criminal responsibility, procedural protection, justice towards the juveniles, punishment, humanization of the measures of criminal law influence, justice, juvenology.
Проблемы уголовного права и криминологии
Reference:
Chuchaev, A.I. (2013). Mechanism
of the transportation crime
(definition and general
characteristics). LEX RUSSICA (Russian Law), 6, 641–654. https://en.nbpublish.com/library_read_article.php?id=62725
Abstract:
The article includes analysis of the mechanism of transportation crimes, based upon the poly-ergatic
nature of railway, waterway and air transportation and the mono-ergatic nature of automobile transportation.
The author provides the classification of ergatic system, their correlation, he analyzes the topical issues
regarding the mechanism of crime in general and reckless crime in particular, formulates the term for the
mechanism of transportation crime, singles out its objective (technical system, information system, situation)
and subjective (the person driving (controlling) the vehicle) elements. He shows the differences between the
criminal law and forensic law definitions for the mechanisms of crime, discusses the ways of causing harm to
the social relations on secure transportation functioning.
Keywords:
jurisprudence, transportation, ergatic system, mono-system, poly-system, classification of ergatic system, transportation crime, forensic mechanism, criminal law mechanism, elements of mechanism, operator, technical system, information system, situation.
Discussion forum
Reference:
Kozubenko, Y.V. (2013). Studies of the mechanism
of criminal law regulation
at the interdisciplinary level. LEX RUSSICA (Russian Law), 6, 655–661. https://en.nbpublish.com/library_read_article.php?id=62726
Abstract:
The article includes analysis of the social relations within the sphere of criminal law regulation in
their interdisciplinary aspect. The author expresses an opinion that the structures of objects of regulation
of material and procedural criminal law allow to single out the common element — the social relations
between a person, who has committed the act which is prohibited by criminal law and the victim, whose interests
are represented by the state via its competent bodies. This group of social relations is one of factual
relations. in turn, the «nucleus» of the object of regulation of the criminal law is a material aspect of these
relations, while the «nucleus» of the regulation of the criminal procedural law is its procedural aspect. Each
of the aspects within the same group of factual social relations may and has to be interpreted as criminal
law and criminal procedural relations, that is, as the relations, which serve as means for the legal regulation
of real social relations, and in some sense disciplinary legal constructions. The said correlation presupposes
the presence of some general interdisciplinary construction, which is a mechanism for the criminal law
regulation.
Keywords:
jurisprudence, object of regulation, method of regulation, mechanism of criminal law regulation, correlation of material and procedural criminal law, crime, criminal proceedings, criminal responsibility, criminal law complex, «nucleus» of the object of regulation, interdisciplinary legal construction.
HISTORY OF STATE AND LAW
Reference:
Zakharov, V.V. (2013). The problems of efficiency
of the Russian enforcement proceedings
in XIX — early XX centuries. LEX RUSSICA (Russian Law), 6, 662–672. https://en.nbpublish.com/library_read_article.php?id=62727
Abstract:
The article includes analysis of the efficiency of various models of enforcement proceedings in Russia
in XIX — early XX centuries. It is shown that the model of penal proceedings, for which the legislation of the
first half of the XIX century provided, was a public law model and it guaranteed the enforcement of only half
of the court decisions on civil cases. Due to some organizational and procedural legal reasons the enforcement
process could commonly last for about 5 years. Due to the judicial reform of 1864 there was a transfer to a
mixed judicial model for the enforcement of court decisions on civil cases. It turned out to be more efficient,
and it guaranteed enforcement of about 70% of decisions within a year. The process of enforcement of judicial
decision was generally about 2 years long. This success is directly connected with the institution of court
enforcement officers and the ability for the claimant to have a more active role, while it also made the judicial
enforcement more costly.
Keywords:
jurisprudence, court, execution, claimant, debtor, court enforcement officer, police, process, judicial procedure, justice.
REVIEWS, NEW BOOKS
Reference:
Popov, V.V., Bakaeva, O.Y. (2013). Review of the monograph
«Essays on the modern
budget law science» ed. By E.Y. Gracheva,
N.P. Kucheryavenko. — Moscow,
Kharkiv, Pravo, 2012. — 512 p. LEX RUSSICA (Russian Law), 6, 673–678. https://en.nbpublish.com/library_read_article.php?id=62728
Abstract:
This review is devoted to the collective monograph «Essays on the modern budget law science»,
which was prepared for the publication by a renowned financial law scholars E.Y. Gracheva (Russia) and
N.P. Kucheryavenko (Ukraine). The monograph includes scientific work of many renowned specialists in the
sphere of financial law, which is why the review reflects upon the key topical problems in the science of budget
law, as well as the ideas of the author about resolving these problems, and the brief analysis of works on
general and basic matters of the budget activities regulation, as well as the institutional aspects, as reflected
in the legal regulation of budget relations. The review also touches upon the specific scientific issues, as well
as the value of the conclusions of the authors for the financial law science and the budget law science. The
review allows to see the variety of scientific studies and to single out the topical aspects, which may interest
professional lawyers.
Keywords:
jurisprudence, collective monograph, budget law science, topical scientific researches, topical issues, bases of the budget law, institutional aspects of legal regulation, basic contents, conclusions of the author, scientific value.