HISTORY OF STATE AND LAW
Reference:
Demchenko, T.I. (2014). On the lawful grounds
of legal conscience. LEX RUSSICA (Russian Law), 5, 523–534. https://en.nbpublish.com/library_read_article.php?id=64834
Abstract:
The article is devoted to the characteristics of the lawful grounds of legal conscience, which concern
understanding the truth of legal conscience, its comprehensive image. According to the discoveries, made by
the representatives of Russian and foreign natural and humanitarian sciences regarding quantum mechanics,
holographic status of the Universe, informational and microleptonic fields the following conclusions are
made: these laws serve as fundamental basis for the conscience in general and legal conscience in particular,
specifically, in its interaction with the public law matters, them being a part of the material world and being
recognized as an element of the least fundamental part of being under these laws. Being at the lower level they
are secondary in comparison to legal conscience. There is need for the legal science and practice to recognize
legal conscience as superfine energy, information as a field structure. It should facilitate more comprehensive
understanding and improvement of legal conscience and its active use for achieving the goals of state and law.
Keywords:
relative legal conscience, lawful bases of legal conscience, universal legal conscience, comprehensive understanding of legal conscience, legal conscience as an energy, information.
ARCHIVE
Reference:
Mishina, E.A. (2014). Chronicles of the Georgian reforms. LEX RUSSICA (Russian Law), 5, 535–542. https://en.nbpublish.com/library_read_article.php?id=64912
Abstract:
The article is devoted to the key milestones of the development of Georgia after it left the USSR. The
author consecutively analyzes the periods of rule of Z. Gamsakhurdia, E. Shevarnadze, and M. Saakashvili. The
author provides an overview of constitutional formation of the independent state of Georgia. Most attention is
paid to the Georgian reform after M. Saakashvili became the President. The author provides detailed evaluation
of the stages of reform of the current Constitution, analyzing the tendencies in the changes of the balance
among the branches of government. The author recognizes success of the police reform (Soviet type militia was
transformed into the police force, which was oriented on the service to the people), the road police reform (currently
road patrol functions instead), anti-corruption changes in the system of the Ministry of Internal Affairs,
as well solving the problem of criminal bosses, when the solution actively involved international experience.
The results of the reform included the abrupt lowering of the corruption level, greater trust of people to the
police, democratization of the political regime.
Keywords:
Gamsakhurdia, Shevarnadze, Saakashvili, Georgia, political regime, elections, independency, rule, the Constitution, constitutional reform, separation of powers.
Ïðîáëåìû òåîðèè îòðàñëåé ïðàâà
Reference:
Krasnova, I.O. (2014). Environmental security as
a legal category. LEX RUSSICA (Russian Law), 5, 543–555. https://en.nbpublish.com/library_read_article.php?id=64913
Abstract:
The author discusses historical roots of the legal matter of environmental security, defining the problems
of legal regulation, providing characteristics of the international legal policy in this sphere and its influence
upon the development of environmental law of Russia regarding environmental security regulation. The
article includes evaluation of the terms such as industrial, radiation, chemical and biological security, environmental
security in emergency situations. The article also contains detailed analysis of normative legal acts regulating
the environmental security relations, revealing the defects of legal regulation. The article also includes
analysis of the issue of correlation between the terms “protecting the environment” and “environmental security”
in environmental legislation. Finally, the author substantiates her own approach towards understanding
“environmental security” as the title of an institution of environmental law, defining its contents and possible
perspectives of its development.
Keywords:
jurisprudence, dangerous industrial objects, radiation security, environmental security, environmental emergency situations, protection of the environment, industrial security, the science of environmental law, institution of environmental security, genetically modified organisms.
Ïðîáëåìû òåîðèè îòðàñëåé ïðàâà
Reference:
Shigurov, A.V. (2014). Closed form of preliminary hearings on
criminal cases: a critical evaluation. LEX RUSSICA (Russian Law), 5, 556–563. https://en.nbpublish.com/library_read_article.php?id=64914
Abstract:
The article is devoted to the studies of the norm on preliminary hearings at the stage of preparation
of a criminal case for the judicial hearing in a form of a closed judicial hearing. In the opinion of the author
prohibition for the persons not being parties to the case to be present in the judicial hearing cannot be substantiated
with the secrecy of issues being discussed. Analysis of the requirements of the European Convention
on publicity of judicial hearings and the category of “justice” in the Russian legislation allowed the author to
draw a conclusion that the justice is being implemented in a preliminary hearing when the decision is made
that the criminal case or criminal prosecution are terminated, or the evidence is excluded. Such as position is
substantiated with the following. First of all, in the opinion of the author termination of the criminal case or
criminal prosecution involves legal evaluation regarding guilt (lack of guilt) of a criminal defendant. Secondly,
evaluation of admissibility of evidence and lack of guilt of a criminal defendant are elements of judicial activity
on implementation of justice. The position of the court on admissibility of evidence is expressed in a separate
decision, made in writing at the preliminary hearing, and it also should be included in the judicial sentence.
Accordingly, resolution of a petition of a party on exclusion of an inadmissible evidence by the court at the
preliminary hearing is also one of the stages of implementing justice. The author draws a conclusion that the
legislator should use the same approach for both preliminary hearings and other types of hearings: they should
generally be open for the public, but may be closed based upon the conditions provided by law.
Keywords:
criminal judicial proceedings, preliminary hearing, court, justice, openness, publicity, termination of a criminal case, exclusion of evidence, judicial proceedings, presumption of innocence.
INTERNATIONAL PUBLIC LAW
Reference:
Chernyadieva, N.A. (2014). The Westphalian Peace Treaty:
the problems of fighting the
emerging terrorism. LEX RUSSICA (Russian Law), 5, 564–574. https://en.nbpublish.com/library_read_article.php?id=64915
Abstract:
Research is done with the financial support of the Russian Humanitarian Sciences Foundation within the framework
of the scientific research project (“Stages of the Formation of Universal Standards and Approaches in
Fighting International Terrorism”), project N. 14-03-00128.
The Westphalian Peace Treaty laid the
foundation for the formation of the modern international sphere. It formed the fundamentals (principles) of the
international law. The article is devoted to establishing the historical factors involved in the Westphalian Treaty,
which facilitated formation of the international terrorism. The object of studies was the process of formation
and development of the international public law for the purpose of defining the legal norms and principles,
that allowed for the terrorism to enter the international level. The study is based upon the primary sources: the texts of two treaties, which are united by the title of the Westphalian Peace Treaty. The article contains comprehensive
interdisciplinary studies, that is why, the author applied comparative legal and comparative historical
methods. Taking into account the specific features of scientific research, which is aimed at revealing similarities
in differences in social and political matter of predecessors and companions of terrorism. The applied principle
of historicism allowed to follow the starting stage, when the conditions for the terrorism have formed in the
international sphere. The author also used diachronic comparison in order to find prerequisites for the terrorism
in the international reality, and the synchronic comparison in order to find out general, specific and singular
features in the evaluation of terrorism in various states, viewing them as an embodiment of heritage of the
Westphalian Treaty. For the first time the Westphalian Treaty is analyzed as a primary basis for the global legal
order and a historical prerequisite for the current international security crisis. It is shown that the Westphalian
Treaties (Munster and Osnabruck Treaties) provide for the principles of sovereignty and equality of states,
double standards in foreign policy, legalization of wars as means of foreign policy, the Treaties define the range
of subjects of international law, providing for the monopoly of states for legalized violence.
Keywords:
international terrorism, principles of international law, Westphalian Treaty, conditions and prerequisites, sovereignty, principles of equality, subjects of international law, violence, history of international law, international security.
LAW ENFORCEMENT ISSUES
Reference:
Nasonov, S.A. (2014). Specific features for the limits to the
judicial proceedings in criminal cases
involving trial by jury. LEX RUSSICA (Russian Law), 5, 575–586. https://en.nbpublish.com/library_read_article.php?id=64916
Abstract:
The article is prepared in the process of scientific research work within the framework of the Federal Targeted
Program “Scientific and Scientific – Pedagogical Cadres of the Innovative Russia” for 2009-2013.
The article is devoted to the specific features of the judicial proceedings when the criminal case is
tried by a jury. First specific features concerns “separation” of the position of the prosecution into elements,
which have to be evaluated by the jury and which are examined by the court only after the verdict. The second
specific feature involves a special procedural document – a questionnaire, which presents the factual basis
for the accusation (and often for the defense as well). The second range of problems regards provisions in the
Criminal Procedural Code of the Russian Federation allowing the parties to provide specialized and alternative
questions for the jury, which may alter the contents of the accusation. The article is completed by the analysis
of the problems regarding correspondence between the formulation and legal qualification of the crime in the
court decisions based upon the factual circumstances established by the jury verdict.
Keywords:
jurisprudence, limitations to the judicial proceedings, trial by jury, verdict, court decision, altering the accusation, questionnaire, accused, accusation, jury.
Discussion forum
Reference:
Riekkinen, M.A. (2014). Constructive protest in constitutional
law: an idealized myth or a potential
reality?. LEX RUSSICA (Russian Law), 5, 587–593. https://en.nbpublish.com/library_read_article.php?id=64917
Abstract:
This article contains an attempt to provide definition and contents of the category “constructive protest”
as a mechanism for the implementation of the right to participate in the affairs of the state, as guaranteed
by Art. 32 of the Constitution of the Russian Federation. According to her concept the protest should be
aimed at achievement of the final result: provision of a specific request to the public government bodies or a
possible solution of a specific public law problem. The author recognizes only peaceful actions as legitimate
protest, considering any violations of public and legal order in the process of expressing disagreement to be
unlawful and to be punished by the law. She makes a conclusion that the sanctions for the violation of the
procedure for the protest expression cannot serve as the only stimulating means for the citizens to express constructive protest. The goal to improve legal culture of the citizens is one of the most important issues in the
path of optimizing the dialog between the state and civil society.
Keywords:
constructive protest, political rights, participation in government, gatherings of persons, legal culture, abuse of right, petitions, expressing disagreement, the Constitution of the Russian Federation, democratic state.
CRIME CONTROL
Reference:
Gotchina, L.V. (2014). International legislation in the sphere
of prevention of drug crimes committed
by juveniles or against juveniles. LEX RUSSICA (Russian Law), 5, 594–606. https://en.nbpublish.com/library_read_article.php?id=64918
Abstract:
International legislation in the sphere of prevention of drug crime defines national anti-narcotic policy
of the states. It is aimed at bringing the national legislations into accordance with the model laws of the UN
and the CIS on fighting unlawful turnover of controlled substances and abuse of such substances. Ratified international
conventions serve as a limiting factor against termination of national control over narcotic drugs, and
they protect children, teenagers and the youth from abuse of narcotic substances and drug crime. However, in
some states legalization of marijuana is being lobbied by introduction of the state regime of controlled tolerance
towards it.
Keywords:
youth drug crime, international cooperation, institutional interaction, conventional interaction, illegal turnover of drugs, transnational crime, marijuana legalization, fighting organized crime, aiding the youth, prophylactic activity.
HISTORY OF STATE AND LAW
Reference:
Popova, E.E. (2014). The sources for the formation of public
influence as the main force for the
correction of the sentenced persons. LEX RUSSICA (Russian Law), 5, 607–617. https://en.nbpublish.com/library_read_article.php?id=64919
Abstract:
The development of the public influence as means for the correction of the sentenced persons is closely
connected to the development of the institution of the criminal punishment and it is most clearly reflected in
the history of formation of prisons. In various periods of development of the Russian state the character of
participation of the society in the fate of the sentenced persons changed. It was procedural and material at the
time of the rule of Tsar Ivan the Terrible; it was material and spiritual at the time of Tsar Alexis Mikhailovich,
the innovative approaches to corrections of criminals and involvement of the public were typical for the rule of
Catherine the II (the institutions of parole and charitable activities were developing at the time, and so were
the law-making and the institution of public opinion.
Keywords:
society, criminal punishment, charity, correction of the sentenced persons, implementation of criminal punishment, public influence, correctional means, correctional influence, criminal penal law, prisons.
NAME IN SCIENCE
Reference:
Slavgorodskaya, O.A. (2014). Komissarov: life vector. LEX RUSSICA (Russian Law), 5, 618–621. https://en.nbpublish.com/library_read_article.php?id=64920
Abstract:
On March 14, 2014 Vladimir Ivanovich Komissarov celebrated his 75th anniversary. V.I. Komissarov is
Doctor of Law, Professor, Merited Lawyer of the Russian Federation, Merited Worker of Higher Education of
Russia. The article contains the story of his youth in the hard post-War years, his studies at the Law School of
the Moscow State University named after M.V. Lomonosov, his work in the prosecution bodies of the Saratov region. The main landmark of his professional life was his work in the Saratov Law Institute named after D. I.
Kursky (Saratov State Academy of Law, Saratov State Law Academy). He was a lecturer, an Associate Professor,
a Professor of the Department of Forensic Studies, Vice-Rector on Teaching Issues, for over a decade he was
the chairman of the Department of Methodology of Forensic Studies. He is the author of several monographs,
manuals and numerous articles on topical problems of forensic studies. For a long time he was the head of the
Dissertation Council of the Saratov State Law Academy, and he was a member of the Dissertation Councils of
the Voronezh, Krasnodar and Samara State Universities. He has been the scientific advisor for 3 Doctors of Law
and 20 PhDs in Law.
Keywords:
V.I. Komissarov, forensic studies, lecturer, professor, forensic tactic, lawfulness, ethics of preliminary investigation, scientific works, path in science, professionalism, charisma.
REVIEWS, NEW BOOKS
Reference:
Kashanina, T.V. (2014). Civil society: a comprehensive view. LEX RUSSICA (Russian Law), 5, 622–626. https://en.nbpublish.com/library_read_article.php?id=64921
Abstract:
(Review on the monograph: Interaction between the civil society and state in Russia: the legal dimension/
group of authors, ed. by O.I. Tsibulevskaya. – Saratov; Povolzhsky Institute of Administration, 2013- 404 p.).
(Review on the monograph: Interaction between the civil society and state in Russia: the legal dimension/
group of authors, ed. by O.I. Tsibulevskaya. – Saratov; Povolzhsky Institute of Administration, 2013- 404 p.).
Keywords:
integration of legal families, typology criteria, typology of legal families, structure of the legal system, legal system, constitution, structure of civil society, definition of civil society, the Slavic legal system, global legal area.