THEORY OF LAW
Reference:
Vedeneev, Y.A. (2014). Legal worldview: between what
it is and what it should be. LEX RUSSICA (Russian Law), 6, 641–654. https://en.nbpublish.com/library_read_article.php?id=65022
Abstract:
The article is devoted to the fundamental topic in the sphere of theoretical jurisprudence regarding
ontological and axiological bases for the formation and functioning of law. The general format of the article,
its structure and contents correspond to the provisions of the monograph by G. Gadzhiev “Ontology of law”
(Critical Studies of the Legal Concept of Reality), Moscow, 2013. In the opinion of the author introduction of
the category of “legal worldview” into the scientific turnover provides new possibilities and perspectives for
conceptualizing of the key object of theoretical legal studies – social, cultural, mental and cognitive conditions
and factors for the legal evolution. The change of certain existence modes depends both on the universal archetypes
of legal perception and understanding of the legal reality (metatext) and the current historical forms
of the legal worldview (context).
Keywords:
social and legal, political and legal transformations, archetypes and practices, ontological bases for social, political and legal communication, archaic, mythological, religious, rational logical legal worldviews, social-cultural and normative matrixes, cognitive jurisprudence and meta-law, postjurisprudence.
Reference:
Artemov, V.M. (2014). Mutual assistance as a priority value
in the ethics of P.A. Kropotkin: the
experience of actual reconstruction. LEX RUSSICA (Russian Law), 6, 655–665. https://en.nbpublish.com/library_read_article.php?id=65023
Abstract:
From the standpoint of needs and requests of the modern society facing deep moral crisis, the
author evaluates the scientific and humanistic concept of P.A. Kropotkin. The 170th anniversary from
the date of his birth was celebrated by the progressive society quite recently. The global fame of Kropotkin
mostly has to do with the selfless devotion and theoretical and practical efforts for the development
of positive understanding of human being and his capabilities for development and improvement of the
social whole. Great theoretical and prognostic force of his ideas is much due to the substantiated and
convincing proof of the value of mutual assistance as a priority value. It was supported and expressed
in the life of the great Russian thinker and public figure. Harmony of freedom and morality seems to be
an indicator of consistency of his personal being. The basis for the position of the author is that mature
freedom presupposes a moral dimension. That is why we regard responsibility as the reverse side of
freedom. This approach allows for the deeper understanding and solution of the problem of correlation
among freedom, morality and law. The well-known critical attitude of the representative of the Russian
classical anarchism towards the state does not exclude recognition of achievements and capabilities of
law, which is really based upon the moral fundament and facilitates the development of the freedom
potential in the justly established society. The creative input of the philosopher has its perspectives for
the spiritual revival of the modern human being, improvement of society as a whole and some of its
institutions, including law.
Keywords:
Russia, Russia, Kropotkin, Kropotkin, modern society, moral crisis, ethics, spiritual values, priority problem, mutual assistance, correlation problems, morality and law.
RESEARCHES OF RUSSIAN STATEHOOD
Reference:
Kabyshev, S.V. (2014). Implementation of the Constitution
as the factor for sustainable and
progressive development of the state. LEX RUSSICA (Russian Law), 6, 666–673. https://en.nbpublish.com/library_read_article.php?id=65024
Abstract:
The article is devoted to the problems of implementation of the Constitution of the Russian
Federation. The new challenge in the current agenda is the threat to the constitutional order. At the
same time, the society is threatened by the legal constitution of the government, while the government
is threatened with the de facto constitution of the society. The author considers that society should
have a special mechanism for the distribution of the social benefits, which are being produced. Politics
may not be such a mechanism. It is only law, which objectively possesses the function of distribution
of social benefits into individual ownership. The law implements the social function of distribution
of benefits. The goal of science within this process is to develop the novel constructions and to offer
new instruments for the most comprehensive and consecutive implementation of the constitutional
values into the everyday life of the society. It is offered: 1) to form the principally different culture of
development of legal acts, based upon the constitutional tradition; 2) to form the mechanism for the
constitutional monitoring, offering relevant evaluation criteria; 3) to develop theory and practice for
the constitutional regime of the new legal construction, covering the entire range of instruments in the
sphere of implementation of the Constitution.
Keywords:
jurisprudence, Constitution of the Russian Federation, forms of implementation of the Constitution, constitutional monitoring, constitutional regime, constitutional standards, constitutional values, constitutional traditions, legal constructions, legal values.
Ïðîáëåìû òåîðèè îòðàñëåé ïðàâà
Reference:
Laptev, V.A. (2014). The system of sources
of entrepreneurial law. LEX RUSSICA (Russian Law), 6, 674–682. https://en.nbpublish.com/library_read_article.php?id=65025
Abstract:
The studies of the system of sources of entrepreneurial law allows to define the place of the
branch of law within the system of law, as well as to analyze the norms regulating entrepreneurial activities
and economics as a whole. The author offers to single out three historical periods: pre-Soviet,
Soviet, and modern (post-Soviet), providing their brief characteristics. He offers to understand the system
of sources of entrepreneurial law as the combination of forms of entrepreneurial law (elements of the
system), which are coordinated and connected among themselves with the unity of the object of legal
regulation – economic activity. The author singles out the characteristic features of the system: structural
character, co-subordination, coordination, relevance, interconnection and unity. The system of sources
of entrepreneurial law may be divided into international and domestic parts of national law. The author
notes the tendency for the harmonization of the Russian entrepreneurial law with the international law,
which is among other matter is influenced by the participation of Russia in the WTO, the EurAsEC and the
Customs Union. The author offers to distinguish the sources of entrepreneurial law on the territorial basis
into international, federal, regional, municipal and local territorial levels. He notes the dependency of the
modern law and economics.
Keywords:
entrepreneurial law, branch of entrepreneurial law, system of entrepreneurial law, sources of entrepreneurial law, forms of entrepreneurial law, system of sources of law, classification of sources of law, form of law, systematization of the entrepreneurial law, codification.
Ïðîáëåìû îáðàçîâàíèÿ
Reference:
Uksusova, E.E. (2014). Civil judicial proceedings on bankruptcy
cases: problems of legislative
regulation and legal practice. LEX RUSSICA (Russian Law), 6, 683–703. https://en.nbpublish.com/library_read_article.php?id=65026
Abstract:
Legislation, mostly, civil (arbitration) procedural legislation in the process of its historic development;,
regulation the relations appearing due to insolvency (bankruptcy), civil judicial proceedings as an inalienable
element of these relations; modern situation in the sphere of procedural regulation of judicial proceedings
on insolvency cases; contents and special character of civil procedural regulation of judicial proceedings on
insolvency cases; its procedural differentiation based on categories of debtors and bankruptcy procedures;
judicial acts of the supreme courts (the Constitutional Court of the Russian Federation, the Supreme Court of
the Russian Federation, the Supreme Arbitration Court of the Russian Federation); provisions of the civil and
procedural doctrines, including those regarding the sphere of insolvency (bankruptcy). The general scientific
methods (analysis, synthesis, generalization, analogy), private law cognition methods (formal logic, historical
legal, formal legal, systemic, comparative legal methods).
Part 2. Specific features of the procedural sphere of insolvency (bankruptcy): modern approaches in legislation
and legal practice. The author evaluates the modern formation of the procedural regulation in
the sphere of judicial proceedings on bankruptcy cases according to the procedural codes and laws on
bankruptcy; singles out and discusses procedural specificities of the judicial proceedings on bankruptcy
cases, which is defined by the categories of debtors and insolvency procedures, influence of other material
legal factors on the procedural form of protection in bankruptcy cases; special attention is paid to the
characteristics of the practice of the supreme courts (the Constitutional Court of the Russian Federation,
the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation),
and its influence upon the civil proceedings; procedural sphere of legal regulation as a reflection of a general
tendency. The author singles out and studies the general legal fundamentals for the strengthening of
the regulating influence of the judicial acts of the highest courts in order to broaden the scope of judicial
law-making, change its forms and contents, including the analysis of procedural novel features according
to the Civil Procedural Code of the Russian Federation and the Arbitration Procedural Code of the Russian
Federation, regarding the examination proceedings, being the general grounds for application in the procedural
sphere of insolvency (bankruptcy).
Keywords:
civil judicial proceedings, civil procedural law, insolvency (bankruptcy), procedural norms, bankruptcy cases, legal position, judicial law-making, supreme court, procedural specialization, special procedural regulation.
Ïðîáëåìû îáðàçîâàíèÿ
Reference:
Chernyh, I.I. (2014). Judicial decision in the cases
on the disputes concerning
raising of children. LEX RUSSICA (Russian Law), 6, 704–711. https://en.nbpublish.com/library_read_article.php?id=65027
Abstract:
The article may be used for the education in the Master’s Program “Judicial examination on family
cases”. Using examples of family disputes regarding raising children, the author shows how judicial decisions should be analyzed. The article includes analysis of general provisions of the norms providing for the requirements
to every part of judicial decision. Attention is paid to the specific features of the judicial act for the
above-mentioned category of cases, the examples from the judicial practice are provided, some theoretical and
practical problems are dealt with, such as the problems regarding the participants of the family disputes. The
opinion is expressed on the need to regard a child as an independent participant in a civil process, attention is
paid to the specific features of formation of the object of proof in these cases, pointing out the special role of
the court for achieving this goal. Lawfulness and substantiation of the judicial decision are to the great extent
established by the correct definition of the significant facts for the case. Much attention is paid to the specific
features of the resolution part (findings) in the judicial decision in cases regarding disputes concerning children.
Keywords:
raising children, place of residence of a child, participation of guardianship bodies, judicial decision, injunctive remedies, requirements to a decision, family disputes, procedural position of a child, parts of a judicial decision, participants to a family dispute.
CRIME CONTROL
Reference:
Volkonskaya, E.K. (2014). Repeated relapse into violent crimes. LEX RUSSICA (Russian Law), 6, 712–720. https://en.nbpublish.com/library_read_article.php?id=65028
Abstract:
The author has analyzed the correlations in primary and repeated crime in Russia in the last decade.
The author singles out and evaluates the tendencies for the greater relative weight of repeated crimes
within the structure of crimes, and lowering relative weight of previously convicted persons within the structure
of persons, who have committed crimes earlier. The author substantiates the position on the growing
number of latent violent crimes. The author also characterizes the correlation of the repeated violent crimes
and marginal, professional, organized (including ethnic organized) crime, economic crimes, juvenile crimes,
“street” and penitentiary crimes. The article includes analysis of other negative social processes, which serve
as the background for the spread of repeated violent crimes, such as infiltration of the elements of criminal
sub-culture into the social relations of law-abiding citizens, detachment of the general public from the process
of fighting crime, corruption in the government bodies, illegal turnover of weapons, military conflicts,
illegal migration, national and religious intolerance, criminal violence (including latent violence) in the penitentiary
and towards the convicts.
Keywords:
repeated relapse into violent crimes, repeated crimes, previously convicted persons, penitentiary crimes, criminalization of the society, latency, criminal sub-culture, violent crime, criminal processes, murder.
HISTORY OF STATE AND LAW
Reference:
Zholobova, G.A. (2014). Legal regulation of the activities
of the warehouses and elevators
in Russia in late XIX –
early XX centuries. LEX RUSSICA (Russian Law), 6, 721–735. https://en.nbpublish.com/library_read_article.php?id=65029
Abstract:
The article concerns topical problems of organization of the bread trade. The studies of the archive
documents and analysis of normative legal acts of the Russian Empire of 1881- 1913, many of which have
been introduced into the scientific turnover for the first time, have allowed the author to reveal the historical
specificities of the first experience in formation of the mechanism for the legal regulation of the warehouse
activities. The article has shown the process of formation of the system of norms regulating the relations in
the sphere of goods, storage and elevators, the author also shows motives and goals of the relevant normative
acts, specific features and difficulties in their implementation. The inefficiency of the solution of existing
problems via the market mechanisms required searching for the mechanisms, which strengthened the state
interference in the organization of the bread trade.
Keywords:
trade, bread, grain, legal export, classification, sorting, quality, supervision, elevator, warehouse, grain depot, loan, warrant, the State Bank.
Reference:
Salenko, A.V., Glotova, Z.V. (2014). Legal regulation of the use of
languages: the experience
of the European Union. LEX RUSSICA (Russian Law), 6, 736–740. https://en.nbpublish.com/library_read_article.php?id=65030
Abstract:
The article presents analysis of the experience of the European Union regarding the legal regulation
for the procedure for the use of official and working languages, as well as the linguistic (language) policy of the
EU regarding all other languages, such as regional languages, minority languages, and the foreign languages
of the migrants residing in the territory of the European Union. Based upon the study the authors draw conclusions
and propositions on the improvement of the cooperation between Russia and the EU, specifically, within
the frameworks of the projects for the cooperation of bordering regions in the Kaliningrad region. The author
of the article offers to introduce the experience of the European Union on supporting the studies of foreign
languages. Such a practice is possible in the provincial school education institutions of the Kaliningrad region,
where within the experimental framework the Lithuanian and the Polish languages may be offered to the
students. Knowledge of these languages shall be in demand, and it may be applied by the students and their
teachers in their everyday life in the bordering territories of the Kaliningrad region.
Keywords:
Kaliningrad region, globalization, teaching language, trans-border cooperation, multilingualism, bilingualism, the European Union, Russia, language policy, legal regulation.
Reference:
Prizhennikova, A.N., Baranov, V.A. (2014). Administrative judicial procedure
within the judicial power system. LEX RUSSICA (Russian Law), 6, 741–747. https://en.nbpublish.com/library_read_article.php?id=65031
Abstract:
The Russian Federation is the Member State of the UNO and the Member of the Council of Europe, it
has recognized the jurisdiction of the European Court of Human Rights. That is why, formation of administrative
justice in Russia is closely connected with the implementation of the basic principles and international standards
of administrative judicial procedure. Correlation of national and international law in the sphere of protection of
rights, freedoms and lawful interests of people, harmonization of national norms and international standards of
administrative justice are the foremost important issues, requiring serious evaluation. The Federal Constitutional
Law of December 31, 1996 “On the Judicial System of the Russian Federation” provides for the formation of the
specialized federal courts competent to deal with administrative cases within the system of federal courts of
general jurisdiction (Art. 26). Administrative judicial procedure is provided for by the Art. 118 of the Constitution
of the Russian Federation as an independent form of administering justice. Currently, there is a new draft of the
Federal Law “Code of Administrative Judicial Proceedings of the Russian Federation”, it was introduced into the
State Duma on March 28, 2013, and it should come into force in 2014. The provisions of the new code shall not
apply to the proceedings on administrative offences cases, and they shall also not apply to the arbitration courts.
Administrative judicial proceedings are regulated with the three codes. One may get easily confused among various
branches of law by the vast variety of procedural norms and specific features regarding proceedings on administrative
cases, and the situation remains the same, since administrative judicial procedure shall be regulated
by several codes. It does not facilitate uniformity and conceptual finish, formation of a rational legal regulation
mechanism for this type of procedure, it shall not make the judicial practice on administrative cases uniform, violating
the requirement of the Constitution of the Russian Federation on equality of all under the law and in court.
Keywords:
civil judicial proceedings, constitutional judicial proceedings, justice, judicial system, judicial power, administrative judicial proceedings, administrative court, specialized courts, criminal judicial proceedings.