Keywords: obshchestvennoe mnenie gosudarstvo, rossiiskoe obshchestvo, ideologiya, pravosoznanie, pravovaya politika, pravovoi nigilizm, gosudarstvo, pravo

Keywords: filosofiya, , V.S. Nersesyants, pravo, estestvennoe pravo, svoboda, legizm, tsivilizm, sotsializm

Keywords: defekt yuridicheskogo dokumenta, kachestvo, yuridicheskaya tekhnika, pravovoe regulirovanie, iz'yan, yuridicheskaya oshibka, soderzhanie, forma, potrebnosti

Abstract: This article is devoted to classification of functions of law. The author sets the goal to provide a thorough study of various criteria for the classification of functions of law. Legal literature provides various criteria, and it is quite often that the researchers attempt to apply the criteria for the classification of state functions to the theory of functions of law, which in the opinion of the author is not always possible and objectively viable. Classification of functions of law should be independent and it should reflect substantial characteristics of functions of law, and not of the state. After the comparative analysis of the criteria for the classification of the functions of law, the author draws a conclusion that any classification of functions of law is somewhat relative, since all of the functions are interrelated and they interact among themselves. The most substantiated and practically oriented classification in the opinion of the author is the classification, which divides the functions into general legal functions, disciplinary, intuitional and norm-related; into legal and (relatively) social (nonlegal); primary and derivative ones.

Keywords: classification of functions of law, classification criteria, functions of the state, general legal functions, branch functions, institutions, norms, legal functions, non-legal functions, relative social functions.

Abstract: The theory of law contains many unsolved problems, which, while seeming unconnected to the legal hermeneutics, form terminological cocoons, hiding and obscuring legal truth, and forming obstacles to the studies of legal materials, scientific legal rationalization and clarification of its directions, leaving us without due understanding of substantial legal terms. One of the topical problems concerns object in law. The author has a critical evaluation of the existing interpretations, considering it to be necessary to develop a unified understanding of an object in law, which may be related only with the behavior of the subject of law, forming material legal contents of the legal relation. Analyzing the terms “object of law”, “object of influence of objective law”, “object of norm of law”, “object of influence of a legal norm”, “object of regulation of a legal norm”, “subjective right object”, “object of rights and obligations”, “object of legal relation” the author comes to a conclusion that a unified position of legal scholars should be based upon the recognition of solely the object of legal regulation (constitutional legal, administrative legal, civil law, etc.) or an object of a legal relation. The interrelation between the legal form and legal contents logically draws us to a conclusion on the substantive basis for the concept of elements of a legal relation, including legal form, material legal contents, subject of law, object and immediate object o a legal relation.

Keywords: subject of law, object of legal regulation, object of legal relation, legal regulation, theory of legal relation, theory of legal relation, elements of legal relation, law, legal relation, legal form, de facto contents of the legal relation.

Abstract: The article is devoted to the compensation function of law, its definition, contents, implementation, nature, place within the system of functions of law, its correlation with the restorative function of law. The study of the author allows to make a conclusion that the basis for the compensation function of law is the natural purpose of law as an instrument for the restoration of social justice, requiring its permanent character. As a result of the analysis of the means of implementation of compensation function (implemented via compensating protective and regulative legal relations) the author makes a conclusion on the inclusion of the compensation function into the range of secondary naturally legal functions of law The analysis of legal norms guaranteeing the effect of compensation function both in public and private, national and international law. Evaluating the definition, contents, means of implementation and relations between the compensation and restorative functions, the author of the article makes a conclusion on the need to distinguish these functions.

Keywords: compensation function of law, definition, contents, implementation of functions of law, nature of functions of law, system of functions of law, restorative function of law, compensation of damage, compensation, restoration of social justice.

Abstract: Object of studies includes legal positions as a specific legal phenomenon within the Russian legal system. The object of studies includes legal positions of the Supreme Court of the Russian Federation as an independent type of judicial legal position. The studies are based on the attitude towards the judicial legal positions as opinions of legal practitioners, as expressed in the acts of administration of the law. Due to the above, the legal positions of the Supreme Court of the Russian Federation are regarded as opinions of the supreme judicial instance on the issues of application of legal norms, as reflected in the specific judicial rulings specific cases and interpretations of judicial practice. Judicial legal positions are distinguished based on the type of administration of the law. The legal positions of the Supreme Court of the Russian Federation are regarded as one of such types, which serves as a methodological basis for the further studies. Formation of the positions of the Supreme Court of the Russian Federation takes place within the process of individual judicial regulation of disputed relations. Due to the above the legal positions include interpretative provisions, results of overcoming conflicts of laws and gaps in laws, application of principles of law. The positions of the Supreme Court in the Russian Federation in the text of judicial decisions guarantee the transition from the abstract norms to the circumstances of a specific case. By their nature the legal positions of the Supreme Court of the Russian Federation are interpretative, and not normative, which should be taken into consideration when using them in judicial decisions. In comparison with the legal norms the legal positions of the Supreme Court of the Russian Federation serve as additional support for the position of the court, and they cannot substitute for the normative prescriptions.

Keywords: court of general jurisdiction, legal norm, interpretation, individual judicial regulation, legal positions of a court, the Supreme Court of the Russian Federation, judicial legal practice, judicial decision, motivation in judicial decision, position of the Supreme Court of the Russian Federation.

Abstract: The law-making is one of the most important spheres of state activities . Currently a number of branches of law are being actively changed and corrected, so the law-making problems have considerable priority. The article includes analysis and evaluation of the law-making process in the modern Russian state. The author singles out theoretical and practical problems regarding this aspect, and possible consequences of implementation of legal acts. The author follows the speed of legislative amendments, and correlation between the goals of normative legal acts and de facto results. The author also provides comparisons with the law-making in foreign states, studying the statistical data, and providing specific examples to substantiate a position. In the process of studying this issue the author monitored the official sources of publication of normative legal acts and electronic legal system. Special attention is paid to the quality of the laws, and to the principles of law-making. Then the author proposes and substantiates the need to add new principles to the existing ones.

Keywords: law-making, principles, law, implementation, forecasting, gaps in law, modern time, lack of stability, changes, consequences.

Abstract: The article provides the study of reception as a historical form of legal acculturation. The legal acculturation is recognized as a lasting contact among the legal cultures of various societies, using various means and methods of influence depending on the historical conditions. Its necessary result includes changes in the previously existing structures in the contacting cultures and the formation of a unified legal area. Depending on the specific cultural and historical conditions the following forms of legal acculturation are recognized: reception, expansion, assimilation, integration, convergence, etc. The legal reception is most well-studied form of legal acculturation, it is a historic form of legal acculturation recognized as an unilateral voluntary process of transferring the element of legal culture of a donating society and their obligatory acceptance by the receiving society. The ruling elite of the receiving subject initiates reception in order to adopt the legal system of the donating state in whole or in part into the receiving state .The result of reception is partial adoption of the cultural legal traditions, ideas, and values of the donating society by the receiving society, while the receiving society preserves its national specific features. The legal reception as a form of legal acculturation possesses the generic characteristics of the latter, while having a number of significant specific features.

Keywords: jurisprudence, law, culture, acculturation, legal acculturation, reception, inter-cultural contact, legal culture, expansion, society.

Abstract: The article includes analysis of the approaches to sovereignty as an element of state and a principle of law. The author makes a conclusion that a sovereignty as an element of state is a characteristic feature of its supremacy and independence of its government, and as a principle of law it is a collective legal category, expressed outwards in many legal principles and norms, characterizing the bearer of state power, organization of its implementation, principles as well as guarantees of established rule and order within the state and its external independency. The author proposes to distinguish between these approaches to understanding of sovereignty by using logical methods for constructing descriptive and evaluative (normative) sentences. Much attention is paid to the legal guarantees of national sovereignty provided for in the legislative acts of modern European states. The author also points out the topical aspects of their guarantees and the need to find an optimum balance between representative and direct forms of government by the people. Based upon the comparative analysis of the legislation of the Russian Federation and other European states the author draws a conclusion on the need for the further perfection of the national sovereignty institutions in our states, including the direct forms of its implementation.

Keywords: sovereignty, element of state, legal principle, guarantees of sovereignty, government by the people, sovereignty, representative government by the people, and direct government by the people, legislation, and European states.

Abstract: Political representation is a key principle of implementation of public power in the modern states. The concept of public law representation was formed in the modern age as an institutional specification of the republican principle and the principle of the people’s (national) sovereignty, which guaranteed conditional, temporary and limited character and responsibility of political power. The article concerns with such inalienable elements of public law representation as the public law power (competence), representative bodies, and free mandate. The author analyzes the key tendencies of development of the representative rule in the current conditions, she singles out the specific features and types of public power bodies, she also provides the grounds for the statement that due to the specific type of formation and activities the collegiate representative authorities are appropriate institutions for the establishment of the primary, abstract and generally obligatory behavior rules.

Keywords: jurisprudence, power, competence, representation, mandate, sovereignty, collegiate, people’s rule, democracy, law-making.

Abstract: The article presents scientific, theoretical and methodological problems in the sphere of studying regional law. The author includes into the list of such problems the problems of scientific instruments, definition apparatus, terms and definitions, as well as the problems of their application in the process of studying the matters of regional law. As one of the options, the author offers definitions of the terms regional, federal and federative law, which may be applied in the scientific studies in the sphere of history and theory of regional law.

Keywords: Jurisprudence, regional law, federal law, federative law, region of the federal state, objects of competence, federation, constituent subject of the federation, powers, terms.

Abstract: The spread of religious enmity, which is also known as religious extremism, currently poses a specific threat to the national security of Russia and Dagestan. The challenge of religious extremism in the North Caucasian region becomes extremely dangerous, when the religious ideology is used for nationalistic and separatist goals. Religious factor is used in order to provide ideological and organizational support for specific interests of various forces and political subjects. Social and legal danger for Dagestan is due to the total egoism, which is often presented as a positive way for a self-organized society. It is necessary to deal with the political, social, economic, national and cultural problems of the Republic of Dagestan taking into account the mindset and values, as well as legal culture of the peoples of Dagestan. The key directions of the activities of state and municipal government should include strengthening the interactions among the territorial executive bodies, various religious organizations and people; development of the regular legal monitoring system in Dagestan and provision of information for the peoples of Dagestan; involvement of representatives of various social circles and groups, law enforcement bodies, students and working youth into the events, facilitating the state policy against religious extremism. In order to prevent the spread of extremism the following measure may be taken; legal education of the peoples of Dagestan; support for the best traditions of peoples of Dagestan; development of tolerance towards other nationalities, religions, and denominations; introduction of social institutions, which would influence the process of formation of the legal culture of the peoples of Dagestan and activate their positive influence; analysis of mass media and information materials in the Republic of Dagestan with the use of information technologies in order to uncover anti-social materials; formation of the institutions dealing with the public opinion problems on the issues of work of the law enforcement bodies and implementation law.

Keywords: jurisprudence, legal culture, legal conscience, Constitution, Dagestan, multinational, faith, religion, denomination, extremism, terrorism.

Abstract: Judicial power Is not only one of the branches of the state power, or part of the state mechanism, it is also a reliable guarantee of the human rights and freedoms. An independent court is a part of the legal state and civil society. However, the attitude towards judicial power was not always positive. Even the forefathers of the concept of separation of powers (John Locke, Charles Montesquieu) underestimated the role and value of the court. The analysis shows that the powers of an independent court were recognized by the Fathers of the American Constitution. For them an efficient government system was a practical necessity, since a new state was formed based on the new social values. One should mention that the Russian legal system contained various attitudes to court. It was the Judicial Reform of 1864, which finally managed to somewhat change the attitude to the courts. However, in early XX century the well-known historical events got the judicial branch under the control of the party nomenclature. In our opinion the Russian society does not yet recognize the inalienable value of the court.

Keywords: jurisprudence, state, power, judicial power, civil society, legislative branch, separation of power, legal system, rights and freedoms, legal conscience.