Reference:
Vedeneev, Y.A..
Legal worldview: between what
it is and what it should be
// LEX RUSSICA (Russian Law).
2014. № 6.
P. 641-654.
DOI: 10.7256/1729-5920.2014.6.65022 URL: 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:
Polyakov, S.B..
Legal science, practice and politics
// LEX RUSSICA (Russian Law).
2014. № 4.
P. 413-420.
DOI: 10.7256/1729-5920.2014.4.64193 URL: https://en.nbpublish.com/library_read_article.php?id=64193
Abstract:
The article continues the discussion, which was once started by the International Scientific and Practical
Conference “Legal Science and Its Value in the Modern Society” which was held on April 11, 2013 at the Kutafin
Moscow State Law University, since topicality of the issues discussed for the political and legal life in Russia is
ever-growing. The author evaluates the correlation of the legal science and practice, legal science and power.
The contradiction of legal science and power is eternal. The law scholars and the government officials have the
same object of studies, which is the social relations. However, for the ruler the common goal with the scientist,
which is the search for the optimum solutions of the social conflicts, is bound with his personal goal –which is to
keep the power. Implementation of legal ideas in legislation and legal practice is only possible through power. The
power has the last say in the fight with the ignorance and private selfishness in every law and every legal matter.
But each success of science influences the tendency of the legal development. The scientific character of legal
practice limits the power with the law. The main inner challenge for the legal science in the modern Russia is lack
of solutions on legal mechanisms of the guarantees of scientific character of law-making and law-enforcement
activities. The abstraction of legal science from practice is a civilized way of the power struggle between the government
and the scientists. The vulnerable spot of the legal science in the sphere of fighting with the government
for the power is the passion for disputes on the truth of their scientific schools.
Keywords:
Russia, jurisprudence, legal science, legal practice, state power, politics, fighting for law, law-enforcement, legal expertise, legal development.
Reference:
Demchenko, T.I..
On contingent truth
of legal conscience
// LEX RUSSICA (Russian Law).
2013. № 10.
P. 1056-1065.
DOI: 10.7256/1729-5920.2013.10.63253 URL: https://en.nbpublish.com/library_read_article.php?id=63253
Abstract:
The article is devoted to understanding and meaning of contingent truth of legal conscience, laying
the ground for understanding of unconditional truth, which is towering above formal logical knowledge and
defines it. The modern situation in the Russian society, state, conscience and culture, the need to develop
a national idea, state legal ideology, novel geopolitical reality are calling for the further study of legal conscience,
cognition of its theoretical truth, uncovering the practical need within the state and law framework.
According to a materialistic model legal conscience (and conscience in general) is reflection on state,
law and other material matters of the world via the processes in a human mind. At its base one may find the
knowledge, gained with the senses. Establishing the truth is connected with statements, which adequately
reflect upon the material reality. Contingent truth is gained due to sensory perception, logical thinking, rational
knowledge, appearing within a specific historical framework, and it changes in accordance with the
changes of these conditions.
Keywords:
jurisprudence, rational cognition, conception thinking, empirical legal conscience, territorial legal conscience, temporal legal conscience, legal determinism, contingent truth, unconditional truth, objective truth, historic truth.
Reference:
Shishkina, O.E..
State and municipal government
in modern Russia: on the issue
on the differences between
the constitutional, legislative
and de facto model of relations
// LEX RUSSICA (Russian Law).
2013. № 8.
P. 830-839.
DOI: 10.7256/1729-5920.2013.8.62905 URL: https://en.nbpublish.com/library_read_article.php?id=62905
Abstract:
The article concerns the growing tendency of the close ties between state and municipal power in
the modern Russia. While the constitutional model of relations between the state power bodies and the municipal
bodies does not allow recognizing the municipal bodies as a part of state administration, the Russian
legislation provides for great many opportunities for establishing subordination of municipal bodies to the
state bodies. The subordination relations between the state government and the municipal bodies are supported
by the existing territorial structure of the municipal self-government, and the principles of separation
of competences between the state and the municipal bodies, the lack of sufficient financial and economic basis
for the municipal bodies The differences between constitutional, legislative and de factor models of relations
between the state and municipal government became quite outstanding and obvious. And such a situation is
dangerous. Firstly, it leads to violations of the provisions of the Constitution of the Russian Federation. Secondly,
subordinate relations between the state and municipal bodies lead to the municipal dependency by the
«poor» municipal formations, or to the municipal separatism of the power in comparatively «rich» municipal
formations. Subordinate relations should be gradually replaced by the cooperation, coordination and interaction
via the efforts of both regional and local elites. However, these forms of interaction are hard to introduce
into the government relations in Russia.
Keywords:
jurisprudence, municipal government, state government, interaction, subordination, municipal formation, coordination, local budget, municipal property, competence.
Reference:
Djamalova, E.K..
Problems of studying
the legal culture of the peoples
of Dagestan
// LEX RUSSICA (Russian Law).
2013. № 6.
P. 577-586.
DOI: 10.7256/1729-5920.2013.6.62719 URL: 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.
Reference:
Lazarev, V.V..
The search of science on law and state
(scientific and journalistic essay)
// LEX RUSSICA (Russian Law).
2013. № 4.
P. 345-352.
DOI: 10.7256/1729-5920.2013.4.62624 URL: https://en.nbpublish.com/library_read_article.php?id=62624
Abstract:
The article contains some thoughts on scientific approach to the studies of state and law, as well as
some critical evaluations on the current condition of the Russian legal science. The author is searching for scientific
elements in works of some scholars, groups of scholars and institutions, but finds it in the virtual sphere.
And one is to ask again whether those, who consider state and law to be a social construction rather than an
objective reality, are right, and whether one should search in the sphere of virtual reality, where the objective
truths are replaced by objects and symbols of real things, and where evidence ad hominem does not require
correspondence to the strict values of science. Therefore, one may look critically at the scientific criterion of
the research method and the science itself is not divided from myth, religion, etc.
Keywords:
jurisprudence, science, scientist, school, works, evaluation, results, reality, virtuality, modernism.
Reference:
Przhilenskiy, V.I..
Jurisprudence, philosophy
and the search for the objective truth:
problems of institutioonalization
of one philosophic term
// LEX RUSSICA (Russian Law).
2013. № 4.
P. 353-360.
DOI: 10.7256/1729-5920.2013.4.62625 URL: https://en.nbpublish.com/library_read_article.php?id=62625
Abstract:
The article is devoted to the analysis of topical issues, regarding application of the philosophical knowledge
in the current Russian legislation and legal practice. The author studies heuristic value and theoretical topicality of
the methodology of the dialectic materialism within the context of the newest philosophical and methodological
developments. The author shows the problems in the traditional definitions of the basic theoretical and cognitive
definitions, which was uncovered during the linguistic turn in the philosophy. The author then evaluates whether
it is reasonable to introduce into legislation ideas, definitions and concepts, which genetically relate themselves to
one of philosophical traditions, which is neither the newest, nor the most authoritative one. The article provides
comparative analysis of inclusion of definition of truth into the criminal procedural codes of different states and
historical periods, and it also evaluates the problems of correlation of the modern philosophy and the methodology
of legal cognition. The author supports the idea that the concept of truth is present In these texts as a common since
term applied within the regular word usage, rather than a philosophical or scientific term.
Keywords:
jurisprudence, philosophy, dialectics, methodology, truth, objective, hypostasis, institutionalization, conceptualization, legislation.
Reference:
Melnikov, V.Y..
Observance
of human rights within
the mechanism of legal regulation
// LEX RUSSICA (Russian Law).
2013. № 3.
P. 223-230.
DOI: 10.7256/1729-5920.2013.3.62497 URL: https://en.nbpublish.com/library_read_article.php?id=62497
Abstract:
The mechanism of legal regulation includes all of the variety of the legal means, not being limited
to the normative legal acts, but also including acts of their implementation. The mechanism of criminal
procedural regulation is a united system of legal means, which Includes norms of criminal procedural
law, criminal procedural relations, application of criminal procedural norms, criminal procedural law-enforcement
acts, which include legal regulation and influence in the sphere of criminal judicial procedure.
Implementation of rights and obligations is quite important for the criminal judicial procedure. It should
be implemented precisely as prescribed by law. Otherwise, the goals and aims of the criminal judicial procedure
shall not be met. While there is no unilateral approach to the understanding of the legal regulation
mechanism, one should recognize the following elements of this mechanism: norms of law, legal relations,
acts of implementation of law, legal conscience and legal culture. The mechanism of legal regulation in the
sphere of observance of human rights Is a united system of legal means, which guarantees the efficient
legal influence on the social relations in the sphere of human rights and freedoms. It allows one to comprehend
more deeply how the transformation of the requirements of law and legal positions into the behavior
or people is implemented, what stages this process includes, what obstacles arise and how one could avoid
them. The mechanism of legal regulation shows how any specific link in a chain of actions towards achieving
the goals of legal regulation works, and it allows to find the key legal instruments, which have certain
hierarchical standing among all others.
Keywords:
jurisprudence, person, rights and freedoms of a person, mechanism, legal regulation, criminal judicial procedure, legal guarantees, observance of rights, principles of law, the purpose of criminal judicial procedure.
Reference:
Bruevich, A.A..
Correlation of categories “system”
and “systematicity” in theory of law:
philosophical and methodological bases
// LEX RUSSICA (Russian Law).
2013. № 1.
P. 5-15.
DOI: 10.7256/1729-5920.2013.1.62372 URL: https://en.nbpublish.com/library_read_article.php?id=62372
Abstract:
In order to study the financial system of Russia and the system of financial law one needs to use
systemic approach, since one needs not only to study certain objects and events, but also to establish their
relations with other facts. In this article the author uses systemic approach and comes to a conclusion that in
financial law in order to make a decision one needs to consider all of the existing relations and their influence
on the system as a whole and not just some of its parts. In other works, when dealing with this or that issue,
one has to evaluate how this decision may influence the system of financial law as a whole. In this article the
author tries to evaluate from the theoretical standpoint a number of complex multi-aspect reflections of systematicity
of financial law, and at the same time to introduce some interesting practical material, which allows
to note its practical value for the improvement of financial legislation as a whole.
Keywords:
jurisprudence, system, financial law, approach, method, legislation, financial system, systematicity, systemic analysis, system of law.