Review: The subject of this research is one of the rapidly developing in the last two decades vectors in the Western (especially American) legal thought, which is dubbed the “new legal realism” and positions itself simultaneously as a special version of “organizational paradigm of interdisciplinary research”, as well as progressive empirical teaching on law that transcends the flaws of the “traditional approaches towards law”. This program is based on the idea of the possibility of efficient solution of the problems of classical American legal realism by primarily renewing the methodologies of legal research. The author critically analyzes not only the question of the content of the key ideas of “new legal realist”, but also the attempt to articulate the well-known works of the predecessors (particularly European) as the “new” vector in the legal science. The methodology leans on such techniques of work with the ideas of foreign authors as studying the original texts; materials from conferences, symposiums and speeches; tracing the connection between the old and modern doctrines; as well as analysis of introducing into discussion of the traditional questions and topic of legal problematic. The following conclusions are made on the essence of critical analysis of the content of ideas of “new legal realism”: field-specific behavioristic analysis of the judicial practice with sheer scale of the solved tasks creates a paradox of absence of the problem of law (even in the sense of classical realists) within the “new” legal doctrine; the methodology of “new realists” in form of interdisciplinary practices and orientation towards “large data” analysis is not something new, and remains within the framework of sociological approaches to law; manipulation of traditional legal problematic leads to reproduction and distortion of ideas of the predecessors.

Keywords: empirical legal studies, concept of law, judicial decision, legal behaviourism, Holmes, Llewellyn, new legal realism, legal realism, multidimensional approach, American legal thought

Review: This article explores the wide spectrum of scientific approaches towards the problem of classification and modernization of the system of white-collar crime in accordance with the law of the Russian Federation, formulated by modern doctrine of criminal law. The problem consists in the absence of sufficient depth of scientific analysis of the criterion for systematization and practical implementation of the norms on white-collar crimes as a whole and in their variety. The author studied the research pointing to the gaps in the legislative regulation in this area. Attention is paid to the lack of theoretical work in this field, with separate attention devoted to the law enforcement work. It is demonstrated that the current legislation does not fully cover all areas of life of the society and the state, which are the objects of the criminal infringement, and needs improvements. The author is convinced that study of the classification of white-collar crime is absolutely necessary, as the doctrinal context it allows systematizing their characteristics and legal ramifications of their committal. The scientific novelty of this research consists in author’s proposal of an original model for optimization of the system of criminal legal norms on white-collar crimes, as well as formulation and substantiation of the changes needed in the current criminal legislation.

Keywords: alternative official structures, special structures, general structures, design features of the composition, special subject, official, official crimes, classification of official crimes, optimization, modernization

Review: This article is devoted to the issue of delineation of illegal export and crimes in the area of intellectual property, in cases where the object of illegal export is the scientific-technical information. The problem consists in the fact that scientific-technical information can be the result of intellectual activity, particularly when it can greatly impact development of weapons of mass destruction, means of their delivery, other types of munitions and military technology, as well as products that can be used in preparation and/or commissions of terrorist acts. The positions of this article are substantiated by the analysis of case law. Based on the conducted research the author concludes that there is absence of collisions between the norms on crimes in the sphere of intellectual property and illegal export. In the cases where the culprit simultaneously violates the rules of export control and intellectual rights, the act should be classified as multiple counts of crime as established in the Article 189 of the Criminal Code of the Russian Federation, as well as one of the Articles on crimes in the area of intellectual property. This work is prepares within the framework of requirements for the university grant competition of the Ilya Ulyanov State Pedagogical University.

Keywords: scientific and technical information, intellectual rights, intellectual property protection, export control, criminal law, illegal export, intellectual property, intellectual property infringement, intellectual piracy, national security

Review: Openness in the work of state and municipal authorities and organizations is one of the basic principles in corruption prevention. The subject of this research is the normative acts and local normative acts that regulate the transition from paid to free education. Special attention is devoted to the analysis of the extent and accessibility of corresponding information on the official websites of federal universities. In the aspect of determination of anticorruption reserves, the research examines the state of the information, procedural and participative openness of this transition (on the example of federal universities). The conducted research allows concluding that federal universities generally ensure openness in the procedure of transitioning from paid to free education. At the same time, some colleges initiatively strive to provide full range of information needed for the students to transition to the free education. The level of procedural and participative openness differs from university to university.

Keywords: pocedural openness, information openness, openess, prevention, free education, paid education, education, corruption, participation openness, anti-corruption transparency

Review: This article examines the symbolic practices of formation of Soviet identity in film footages and documentary photographs. The concept of Soviet identity is analyzed from the perspective of emergence of the new type of legal culture, which leans primarily on the doctrinal sources underlying the Marxist teaching on the socialist type of society, as well as in relation to the concept of Soviet constitutionalism. It is underlined that visual practices and representations allowed the Bolsheviks restructure the existing type of relationships between the former nationals of the Russian Empire and state authority based on establishment of the efficient horizontal model of participation in the political affairs, grounded on the mass agitation and propaganda of Soviet values comprising the Constitution of the working class. The research methodology contains the qualitative sociological analysis of visual materials and documentary sources, therewith the concept of Soviet identity is interpreted through the lens of cultural-anthropological concept of symbolic policy and the notion of metanarrative G. Gill).The main conclusions of the conducted research consist in the presence in the official state visual policy of identity of the early Soviet period of key concepts represented in the form of the mass collective actions: proletarian dictatorship, Soviet Constitution, commune, and others. The discourses on the formation of Soviet identity include the opposition to global imperialism, enemies of the revolution, and praise of labor as a community-building force of the proletarian state. The scientific novelty lies in the use of methodology of visual analysis of video footages as a source of interpretation of the Soviet symbolic policy and ideological activity.  

Keywords: dictatorship of the proletariat, Sovietism, metanarrative, public holidays, visual propaganda, Soviet identity, commune, symbolic politics, film documents, October Revolution

Review: This article dedicates special attention to the analysis of possibilities and directions of implementation of the most successful legal techniques pertinent to regulation of the terms of serving sentences in form of corrective labor without of isolation from society for the purpose of improving the system of national legislation in this regard. The subject of this research is the norms of the Russian criminal and penal law, as well as the criminal law provisions of Austria, Israel, China, Lithuania, Latvia, Belarus, Bulgaria, Kazakhstan, Serbia, Federative Republic of Germany, France, Switzerland, Sweden, South Korea, and Japan. The scientific novelty of the conducted research consists in the fact that in searching the new vectors of modernization of carrying out sentences in form of corrective labor in Russia, the author assesses the possibilities of reception of certain provisions of foreign legislation on the terms of serving various types of sentences in form of corrective labor without isolation from society. The main conclusion related to the suggestions on reception of the provisions of foreign criminal laws contributing to the following aspects: detailed consideration of personality traits of the convicts; establishment of additional criteria in making decisions on substitution of correctional works in cases of willful evasion of the convict from their fulfilment with other types of sentences; resolution of the questions of organization of the work of local self-government in the process of determining the place of corrective labor for the convicts.

Keywords: resocialization, humanization, imprisonment, foreign legislation, convicted defendant, labour, fine, community service, corrective works, probation department

Review: In the processes of common globalization, the right to national self-determination gains high importance, and is one of the main principles within the legal systems of majority of states. The object of this research is the accumulation of constitutional law solutions, emerging in the area of constitutional law regulation, practice of implementation and protection of the right to national self-determination in Israel. The subject of this research is the Israel’s constitutional norms pertaining to this protection, in unity with the legal positions of the Supreme Court of Israel. The aim of this work is to study the peculiarities of establishment and development of the right to national self-determination within the legal system of Israel. The scientific novelty of this research consists in the fact that for the first time analysis is conducted on the content and reasons for adopting the Basic Law: Israel as the Nation-State of the Jewish People on July 19, 2018. The author determines the mismatch between the positions of the basic law “Israel as the Nation-State of the Jewish People” and the international documents ratified by Israel, Declaration of Independence of Israel, as well as presence of contradictions with the content of a number of other basic laws of Israel.

Keywords: ethnos, Israeli legal system, national minorities, democracy, the ideology of Zionism, the right to self-determination, Constitution, Herzl, religious parties, contradictions in parliament

Review: The subject of this research consists in certain aspects of legal procedure regarding individuals with criminal procedural immunity: circle of subjects receiving immunity, justification of inclusion therein of certain categories of citizens, as well as circumstances that are subject to assessment by the chambers of Federal Council, Constitutional Court of the Russian Federation towards qualifying panel of judges in agreement to start criminal proceedings regarding members of the Federation Council, deputies of State Duma, judges of Constitutional Court of the Russian Federation and other courts. The author devises criteria for endowment of categories of citizens with the criminal process immunity: affiliation of individual with the deputy or judicial body, i.e. branches of legislative or judicial government body. The author proposes a theoretical model of control over the execution of criminal prosecution of individuals with immunity. Control divides into two segments. First segment forms the criminal procedural control, carried out by the administration of investigative branches, prosecutor’s office and courts of general jurisdiction, and consists in verification of grounds for initiation of criminal investigation and adherence to the procedural rules of initiation of criminal procedure regarding the subject. Second segment form the public legal control, carried out by the branches belonging to the government branch of the subject (chambers of Federal Council, Constitutional Court, branches of judicial community).

Keywords: participants of criminal proceedings, immunity, preliminary investigation, initiation of criminal proceedings, criminal prosecution, criminal procedure, immunity of the deputy, inviolability of the judge, judicial control, prosecutorial supervision

Review: The subject of this research is the specificity of the case law on criminal cases on involvement in terrorist activity, public calls to action of terrorist activity and propaganda of terrorism. The choice for the subject is justified by the unfolding discussion in the scientific community regarding the reasonableness of introduction of these norms. Analysis of the rulings allows establishing the following parameters, characterizing the current case law on crimes in accordance with Article 205.1 and 205.2 of the Criminal Code of the Russian Federation (CCRF): socio-demographic characteristics of the convict, prior charges, nature of crime, multiple counts, and sentence. Establishing these parameters can in turn be used to determine the existing problems of qualification of the studied crimes and development of solutions. The main conclusions of the conducted research consists in confirmation of the reasonableness of introduction into the Special Part of the CCRF of norms established by the Article 205.1 and 205.2 of the CCRF, since this legislative solution filled the previously existing gap in the part of arraignment for fruitless involvement and commission of crimes of terrorist nature, as well as material support of terrorist organizations.

Keywords: terrorism financing, terrorism propaganda, justification of terrorism, public appeals, implication, public instigation, terrorist activity, judicial practice, sentencing, prevention

Review: The object of this research is the ordinary legal consciousness. The subject of this research is the factors that define the statics and dynamics of ordinary legal consciousness during the first post-revolution decades. Special attention is given to the substantiation of the possibility of using historical sources of private origin for reconstruction of the peculiarities inherent in the ordinary legal consciousness. The work demonstrates that from the position of communicative approach, birth of new Soviet law is seen as a process that combines different strategies of interaction between the subjects depending on historical stage, as well as a dialogue between authorities and the people. The novelty of this research consists in proposal to expand the historiographical base by application of methods such as discourse analysis and semiotic analysis. On several examples from written sources of private origin, the author demonstrates some typological characteristics of legal consciousness, representing basic archetypes. Results of this research substantiate the possibility of reconstruction of the genesis of “living law” using semiotic discourse analysis of historical text and confirm the prospects of their application from the position of communicative approach towards legal understanding. A conclusion is made that post-classical methods of research warrant an opportunity and necessity to expand the source base of study of such type of legal consciousness as ordinary.

Keywords: communicative theory, archetype, ordinary legal consciousness, historical sources of personal origin, transition period, identification, discourse-analysis, everyday life, self-presentation, semiotic of law