Abstract: The subject of this research is the  aggregate of philosophical ideas and methodological paradigms that underlie the concepts of the “first” legal (statist) positivism in England of the XIX century. The author traces the impact of certain philosophical trends and legal concepts of the XVIII – early XIX centuries upon the philosophical and methodological foundations of the positivist concepts of J. Bentham and J. Austin. The article describes the influence of social atomism, and exploratory rationality of Modern Age upon the “first” legal positivism of philosophical rationalism of the XVIII century. The impact of such philosophical and legal concepts as nominalism, the historical school of lawyers, and philosophical positivism of A. Comte upon the “first” legal positivism was reconstructed. The scientific novelty consists in reconstruction of the influence of an entire number of philosophical and legal ideas and concepts upon the development of “first” legal positivism. Correlation between the legal doctrine of J. Bentham, philosophical concepts of the XVIII century, and the legal teaching of T. Hobbes is underlined. The author draws the ideological parallels between the philosophical nominalism, logical paradox of D. Hume, and legal doctrines of J. Bentham and J. Austin. The author reveals the key “channels” of the impact of German Historical School upon legal positivism, describes the similarities and differences between the scientific positivism of A. Comte and the concepts of legal positivism of J. Bentham and J. Austin. The philosophical-methodological framework of the concepts of “first” legal positivism were subjected to a significant influence of the methodological paradigm of philosophical rationalism, social atomism, exploratory scientific rationality of Modern Age, and nominalism.

Keywords: Austin, Bentham, scentific positivism, historical school of law, investigative rationality, philosophical rationalism, philosophy of law, legal positivism, legal methodology, history of legal thought

Abstract: This article is dedicated to interdisciplinary, institutional and comparative analysis of the terminological construct of “constitutional politics”. Analysis is conducted on correlation between the legal and political components of constitutional politics. The author indicates the peculiarities of legalistic and macro-sociological approaches towards the essence of the phenomenon in question; determines key peculiarities of the American and European models of constitutional politics; as well as examines the correlation between constitutional politics and state (public) policy. The article presents an original definition and outlines the object field of the Russian constitutional politics as an interdisciplinary term. This work is first to apply the terminological inter-paradigm construct of “constitutional politics” in terms of the analysis of corresponding processes within the history of Russian legal and political science. to apply the terminological inter-paradigm construction "constitutional policy", widely spread in Western thought, to the analysis of relevant processes. A brief overview is presented on the European and American approaches towards constitutional politics is presented. The author draws conclusions on the prospects of the indicated interdisciplinary approach, and proposes the subject of research with regards to the Russian constitutional politics.

Keywords: constitutional reform, state policy, public policy, constitutional politics, constitutional and legal policy, legal policy, constitution, political system, subject of constitutional politics, Russian constitutional politics

Abstract: The object of this research is the definition of the concept of civil responsibility of the board of directors in corporations. The subject of this research is the theoretical positions of different scholars that correlated with the object in question. The author believes that the topic of responsibility of the members of board of directors requires further examination, since case law on this problematic is relatively small, and essence of the topic carries practical, rather than theoretical character. Therefore, special relevance gains definition of the concept of civil responsibility applicable to responsibility of the members of board of directors in corporations. The author offers an original definition of civil responsibility of the members of board of directors in limited liability companies and joint-stock companies; as well as describes financial negative consequences of for violation of responsibilities imposed upon the members of board of directors by corporate legislation and articles of association. A conclusion is made that the definition of responsibility of the members of board of directors is not unique, as in essence similar by content definition can be used with regards to responsibility of any corporate body in the limited liability companies and joint-stock companies respectively.

Keywords: management body, JSC, LLC, supervisory board, corporation, Board of Directors, competence, liability, director, management

Abstract: The subject of this research is the structural characteristics of the Constitution of the Russian Federation from the perspective of cross-disciplinary institutional approach. The author describes the peculiarities of application of institutional and neo-institutional methods of analysis in political science and jurisprudence. Two main vectors in application of methodology of institutional analysis in the constitutional-legal research are proposed: internal constitutional analysis of the branch of Russia’s constitutional law; and external institutional analysis, the object field of which includes interaction of the constitution with external environment of public authority and public policy. The author provides arguments for existence of institutional imbalance in the Constitution of the Russian Federation, which is substantiated by historical conditions and complexity of the state structure. Scientific novelty of the article is defined by application of cross-disciplinary methodology of institutional analysis towards studying structural specificity of the Constitution of the Russian Federation. Peculiarities of implementation of institutional analysis in political scientific and constitutional-legal research are revealed, which opens a new perspective upon correlation between various constitutional norms and institutions contained in the main law of Russia. The examples of institutional imbalance of the Constitution of the Russian Federation are demonstrated: a qualitatively and quantitatively complex model of federative structure; recognition by the Constitution of limited sovereignty of the republics as the constituent entities of the Russian Federation; entrenchment of a broad list of constitutional rights and freedoms without elaboration of the more effective mechanism of their implementation; imbalance between the rights and responsibilities; division of powers between central government and regional governments; absence of sufficient guaranteed of the system of local self-governance, etc. It is noted that to a certain extent, the ongoing constitutional reform eliminates the institutional imbalance of the Constitution of the Russian Federation, and the work in this direction should be continued.  

Keywords: external institutional analysis, internal institutional analysis, actual constitution, legal constitution, neoinstitutional analysis, institutional analysis, constitution, constitutional model, types of constitutional models, institutional imbalance

Abstract: Problems associated with the development of parliamentarism and democracy are fundamental and mostly are of polemical character. In legal science, meticulous attention is given to revelation of the essence and categorical analysis of these institutions. The theoretical-legal substantiation of their organic interrelation is being developed to a far lesser degree. The article analyzes the views of researchers upon the representative nature of legislative power, determines its place within the system of popular representation, and describes the meaning of electoral legal relations as a source of correlation between parliamentarism and democracy. The author proves that consensual declaration of will expressed by the representative legislative authority in its bills, is intended to be the permanent, legal, objectified representation of will and interest of the people. Critical assessment is given to the current state of Russian parliamentarism, which represents a dynamically development state legal institution. A conclusion is substantiated that without efficient functionality of the national mechanism of parliamentarism, the full implementation of the constitutional principle of democracy in Russian is impossible.

Keywords: will of people, democracy, representative bodies, representative authority, representative democracy, public representation, popular representation, parliamentarism, sovereignty of the people, elections

Abstract: This article reviews the positive and negative approaches towards understanding of discretion in law, as well as substantiates the need for comprehensive analysis of the problems of discretion in law not only in law enforcement, but also lawmaking and law-interpreting practice, depending on the nature of legal activity. The author explores the fundamental approaches of the scholars of jurisprudence towards definition of conceptual characteristics of discretion in law; formulates the original definition of discretion in law and its key attributes; underlines the need for comprehensive study of this legal phenomenon. Having analyzed the positive and negative approaches towards understanding the concept of discretion in law, the author conducts an exhaustive study of the problem of discretion, taking into account the regularities in law enforcement, lawmaking and law-interpreting activity. The author concludes that it is imperative to view discretion in various legal branches, and proposes definition of discretion in law.

Keywords: lawmaking, interpretation of law, integrated approach, discretion in law, legal understanding, essence of discretion, problems of legal practice, discretion, law, enforcement

Abstract: This article separates the two types of research. The first type are based on structuring schemes and oriented towards the practice of politics and individual understanding. The second type suggest building models of complex social phenomena, and oriented towards acquiring knowledge that help creating strong forecasts. The author also examines the concepts of scheme and models. Schemes are developed by the scholars, help solving a problematic situation, impart a new vision and reality, and allow performing actions from a new angle. If the scheme specifies its object for the first time, model building is preceded by the determination of a model object. Moreover, the knowledge acquired on the model can be referred to this object. The indicated differences are introduced on the comparative materials of the modern Russian state. The author succeeded in separating the two types of research of the complex social phenomenon; characterized the concepts of scheme and model; demonstrated that the works based on structuring schemes are oriented towards certain tasks, while the works that create the models of social phenomena are aimed at different tasks in the area of using social knowledge.

Keywords: probability, forecasts, efficiency, truth, models, schemes, state, knowledge, research, concepts

Abstract: The subject of this research is the idea of the “open structure” of legal language proposed by the British legal philosopher Herbert Hart. The author carefully examines what Hart implied under the “open structure”, as well as its semantically similar notions as uncertainty and ambiguity. Special attention is given to the linguistic analysis of the legal concepts with “open structure”, their intentional and extensional meaning. The link between the “open” legal concepts and cluster concepts development in the modern linguistic is established. In the course of this work, the author applies the method of conceptual interpretation aimed at solving a set of tasks on explication of the fundamental legal concepts, and methodology of semantic analysis of the legal language. The main conclusion consists in the established link between the legal concepts with “open structures” and cluster concepts. It is demonstrated that in certain cases the concepts with “open structure” manifest as cluster concepts: in order for an object to be included into the scope of such concepts, it should not bear all the elements that comprise this concept.

Keywords: analytical jurisprudence, extension, intension, open texture, cluster concept, legal rule, legal concept, legal language, legal philosophy, Herbert Hart

Abstract: The object of this research is the mainstream discourse on Rechtsstaat – first and foremost, as it established in the post-Soviet academic legal awareness. The subject of this research is the concept of 'Rechtsstaat (rule of law) as an objectively substantiated ideologemes of modern society, characterized by some consistent patterns. The author analyzes the fundamentals of this concepts along with its functionality, criticizing the widespread within the modern academic jurisprudence ideology-driven perception of Rechtsstaat (rule of law) as a universal political-legal ideal of modernity. Methodological foundation is the authentic and early Soviet Marxist theory of law, concepts of the global class society and dependent peripheral capitalism, ideas of the representatives of the contemporary Western critical legal doctrine. The concept of Rechtsstaat is viewed as an objective intellectual form of capitalist society, which misinterprets the essence of the bourgeois state and legal order, as well as an element of the legal form of social relations. In the context of the global class society, such misinterpretation attains a specific ideological functionality. The author believes that the establishes within the post-Soviet academic legal doctrine mainstream field of perception of Rechtsstaat, considering its ideological nature, sidesteps the key problem of the modern Russian legal order: objective impossibility of formation in modern Russia of the Western type regimes of “rule of law”, substantiated by the specific character of post-Soviet capitalism.

Keywords: a priori method, critical legal theory, Marxism, ideology, human rights, law and order, the rule of law, dependent peripheral capitalism, legal form, society

Abstract: The object of this research is the legal communication. The main conclusions and definitions, formulated in this study, are the continuation of the communicative theory of law of A. V. Polyakov and accord with the cultural research of I. L. Chestnov. For examination of the phenomenon of legal communicative competence, the author adapts the definition of legal communication. It is asserted that the legal communicative competence can become one of the key instruments for determining the efficiency of legal system in compliance with I. L. Chestnov’s program of anthropological assessment of the efficiency of law. The formulated within the framework of postclassical methodology definition of the communicative competence represents the advancement of the communicative theory of law with the accent on the actors of legal communications. The analysis of legal communicative competence is aimed at explanation of the legally significant human behavior, which leads to the narrowing the gap between the theory of law and legal practice. The presented material can be valuable for the future theoretical and empirical studies for assessing the level of the efficiency of legislation, linguistic competences of the citizens of the Russian Federation, foreign citizens, and stateless persons; development of the methods of increasing the efficiency of legislation, and programs of improving  legal literacy of the population.

Keywords: microcommunication, legal language, measurement of the effectiveness, effectiveness of the system of law, communicative theory of law, legal communicative competence, postmodernism, legal communication, macrocommunication, sociology of law

Abstract: The subject of this research is the established doctrines of subjective public rights in its development pertaining to Russia, including stares of its formation of the corresponding teaching in the pre-revolution period, its crisis during the Soviet era, and its rebirth at the present stage. The author analyzes vast amount of literature on various branches of law, subjecting views of foreign and Russian lawyers (especially administrative law experts) to critical analysis. The author concludes that the subjective public rights represent one of the central institutions of modern public (administrative) law, which should be oriented towards the interests of private citizens and their protection within a democratic society and socially-oriented state. Further advancement of the doctrine of public subjective rights, as well as its subsequent instrumental and legal-technical level implementation into legislation and law enforcement, is held back by the so-called “administrational” approach, which continues to dominate the study of administrative law and must be overcome.

Keywords: administrative proceedings, administrative justice, administrative law, public administration, subjective right, good government, subjective public right, public law, public services, human rights

Abstract: The subject of this research is the formal logical structure of justification of judicial decisions in the case law. The popular opinion state that the method of such substantiation of is the reasoning by analogy. Ambiguity of such concept compels referring to literature on logics, where analogy as a certain type of reasoning often counterpoises deduction and induction. This creates prerequisites for concluding that justification of court decisions can possess principally non-deductive character. Comprehension of this idea presents great complexity for legal experts. In the course of this research the author comes to the conclusion that analogy cannot be presented as a special form of reasoning that counterpoises deduction and induction. It is demonstrated that such reasoning is an essence syllogism, rationale of which can be the principle of analogy of law or something similar. This allows for new formulation and substantiation of the irregular position, at least for Russian legal theory; analogy cannot be considered the main method, even somewhat characteristic for case law, for justification of court decisions.

Keywords: application of law, law and logic, legal interpretation, judicial reasoning, legal argumentation, induction, deduction, analogy, precedent, stare decisis

Abstract: The subject of this research is the representation of the foreign and national police scientists – C. Wolff, L. von Stein, R. von Mohl, N. N. Belyavsky, I. T. Tarasov, A. I. Elistratov on the state impact on public relations through implementation of the sociocultural and economic functions. Most convincingly, the views of the aforementioned authors are reflected in the context of comparative analysis of their political legal positions on the matter with the views of the public and government leaders – the representatives of liberalism. The scientific novelty consists in the conclusion that the state possess not only the right, but also responsibility to hold an active position in socially oriented solution of the immensely complicated issues faced by society. It is noted that the supporters of the police state doctrine advocate the large-scale systemic intervention of the state into the social life through the establishment of the efficient organizational legal and financial mechanism aimed at state support of the disadvantaged social classes, organization of employment at the time of mass unemployment, planning and forecasting of the financial relations, development of the industrial and other economic sectors.

Keywords: mechanism, theoretical and legal concept, ideology, functions, state, liberalism, scientists-policemen, politics, market relations, power

Abstract: The object of this research is the legal process viewed by the authors as a gradual transition of the national law from one qualitative level onto another that meets the expectations of the majority of population, as well as caters its needs. The subject of this research is the sociocultural nature of legal progress, its organic connection with the various typed of legal consciousness, scientific and ideological doctrines. The main attention is given to reconsideration and clarification of the established within the post-Soviet legal knowledge definitions of legal progress suggested by different scholars. The article formulates the tentative definition of legal progress, its conceptual and sociocultural characteristics; determines the basic principles of its ambiguous and complicated phenomenon; as well as indicated the approaches to its typification. The scientific novelty consists in formulation of an original definition of “legal progress”, reflecting its conceptual aspects and inevitable sociocultural and doctrinal-strategic “reference”. The authors demonstrate that there is not and cannot be a universal discourse of legal progress, because this phenomenon must be understood and assessed exceptionally in the situational-historical and legal-cultural aspect, detecting the compliance of the achieved results in evolution of the branches of law, its institutions and legislation with the established due to multiple factors social expectations, needs and legal values of certain nation or ethnos. Such position of the authors is reinforced by the necessary theoretical, methodological and historical-legal arguments.

Keywords: conservatism, liberalism, legal development, legal system, legal culture, legislation, legal progress, rule of law, ibertarian theory of law, discourse

Abstract: This article examines the various problematic aspects. Special attention is given to consideration of concept of the form of government, which in traditional sense has the tripartite structure: form of governance, political regime, and form of territorial configuration. However, some of the Russian authors arrive at an opinion that the political regime cannot be among of the aforementioned elements. Such factor generates another problem – the correlation between the political regime and form of governance, which allows finding the interdependencies that change the form and content of the government. Moreover, the author concludes that the political regime is capable of transforming the form of governance. The indicated thesis substantiates temporality of the form of governance, as well as the third problematic aspect. Temporality of the form of governance becomes a certain substrate for the refusal of binary classification (monarchy and republic). This generates the need for implementing the new criteria for aspectual determination of the structure of public authority. The conducted analysis demonstrated that the indicated demand can be filled by the approach of dividing into the monocratic and polycratic form of governance.  

Keywords: principle of separation of powers, political regime, monocracy, polycratia, monarchy, republic, form of state, form of government, classification, law

Abstract: The subject of this research is the content of the doctrine of “protection of legal expectations” in the countries of general and continental law, and the principle of support of the trust in the law and state actions in the context of the principle of rule of law, recognition of human rights and liberties, natural justice, analysis of the theory and practice of application of general constitutional and branch principles, as well as the issues of their realization (including the principle of the rule of law) in the Russian law with consideration of normativistic legal understanding. The main conclusions of the conducted research consists in the absence of a somewhat formalized system of official views upon relationship between the branches of public authority with the citizens, impeding the realization of the principle of the rule of law and creation of an efficient state administration (which would include the legislative and executive activity, and justice), the declared by the Constitution of the Russian Federation rule of law, as well as recognition and respect of the human rights and liberties. The content of the principle of support of citizens’ trust in the law and state action, formulated by the Constitution Court of the Russian Federation, in contrast to the Western doctrine, first and foremost, does not cover the entirety of the range of relations emerging in the course of realization of authority by the branches of public authority, and secondly, in light of the absence of formalization of this principle in the specific legal norms, it limits the courts in its application.

Keywords: the immediacy of action, public authorities, normativity of legal thinking, effectiveness in the protection, the doctrine of good governance, General legal principles, Legitimate expectation, state of law, legislative activities, the realization of law

Abstract: This article examines the phenomenon of legal life of the individual and society. Determination is made on the role of legal life in development of public relations and the state legal system in general. Legal life is being examined within a number of other independent phenomena – legal reality, legal mentality, and law. Within the academic discourse, these phenomena correlate as: 1) those that complement each other in the context; 2) those that demonstrate the dynamics of formation and formalization in the society of legal values, which are based on maintaining traditional values and norms; 3) those that comprise the necessary elements for any legal system in any historical period; 4) those that affect formation of one or another legal norm or precept; 5) those that determine the character of relations with various structures of law. Determining the peculiarities of legal life of the individual and society has undisputed value for modern scientific knowledge. It is the legal life that encompasses all spheres of human individual and collective being, and affects traditional values and norms.

Keywords: social knowledge, legal norms, public relations, legal antivalues, legal values, legal reality, legal life, security, The concept of social security, social development

Abstract: This article tackles the challenge of understanding the phenomenon of lawmaking as a dynamic process, associated with number of transitional stages, including the stage of socialization of objective law, which completes the lawmaking cycle. Assessments are made on the supremacy of the social “reading” of law as a scientific theory platform of legal research. The authors expound the conceptual meaning of socialization of law and the role of this process within the structure of lawmaking. It is determined that positive law (established in the texts of legislative bills with normative content) becomes and objective reality when it is implemented into the fabric of the social life and included into the systems of social interaction as an intrinsic element. The social interaction environment of the processes of legal socialization functions as an active social mechanism for practical actualization of normative bills passed by the lawmakers. Law as an active means and the result of the lawmaking processes is “actualized” in reality (becomes an objective fact) only after it passes the stage of socialization and is processed by the participants of the social legal space as a viable resource.

Keywords: Social interaction stage, Socialization of law, Communication, Interaction, Cooperation, Sociology, Society, legal consciousness , Lawmaking, law

Abstract: This article examines the legal status of civil partners and/or their responsibilities in external and internal legal relations. A comparative analysis of such legal phenomena as “plurality of persons” and “plurality of parties”, “group of co-owners”, and “legal entity” is conducted. The author analyzes the question of affiliation of the common law and/or joint responsibility in civil legal relations with plurality of persons, as well as peculiarities of legal status of co-owner at the stage of realization of the common law/execution of joint responsibility, and at the stage of its protection. An original definition is given to the concept of “co-owner of civil rights and/or responsibilities”. The author comes to the conclusion that in legal relations with third parties at the stage of exercising joint right/execution of joint responsibilities, co-owners act as a single subject, group, or collective. The author substantiates the need to single out the group of co-owners as a separate subject of civil rights and responsibilities.

Keywords: exercising joint right, legal capacity, internal legal relations, subject of external legal relations, collective, multiple parties, Legal status of co-owner, stage of protection, draft of a will, independence

Abstract: This article focuses on the issue of determining the place for the institution of property right within the Russian system of limited property rights. The author examines systematizations of limited property rights offered by both Russian and German civil doctrines. The articles presents the analysis of the bases for differentiation of these rights into groups, highlighting the most successful criteria adopted to modern circumstances. The work offers a brief historical aspect of development of the category of “limited property right” in the Russian Civil Code. Special attention is given to the analysis of internal content of the construct of right to property. The author formulates a conclusion that the institution of property rights has a hybrid legal nature, and attempts to offer original classification for limited property.

Keywords: law of responsibility, content of law, right of possession, basis, right of use, right to sell property, systematization, property, limited property right, authority

Abstract: This article is dedicated to the analysis of key signs of civil relations with the plurality of persons, which allow delimitation from the adjacent legal phenomena. The author’s goal consists in formation of an integral and comprehensive perception about the aforementioned type of legal relations that is based on unification of the subject, object, and conceptual approach with primacy of the latter. The work examines the nature of the dependence of connection that emerges between the third party and one co-owner from connection existing between the third party and other co-owner. The author resolves the question of correlation between the categories of “plurality of persons” and “co-ownership of civil rights and/or responsibilities”, as well as reviews the broad and restricted approaches towards the definition of civil legal relations with the plurality of persons. The circle of legal phenomena that pertain to civil legal relations, complicated by the co-ownership of rights and/or responsibilities, has been determined. The scientific novelty lies in the thesis that the civil legal relations complicated by co-ownership is considered as a unified, complex legal relations, which represents a system that is formed by the two interconnected and mutually conditioned types of legal relations – internal and external. It is substantiated that the constitutive sign consists in the plurality of persons, while the presence of internal legal relations is between the co-owners (legal relations on co-ownership). The author is first to provide classification of the legal relations on co-ownership of civil rights and/or responsibilities. The following signs of civil legal relations with the plurality of persons are highlighted: complex character, systematicity, inconsistency of the number of parties and participants, co-ownership of civil rights and/or responsibilities, duplication of the object.  

Keywords: system, complex nature, theory of legal relations, duplication of the object, joint ownership of rights, plurality of persons, Civil legal relations, subsidiary obligation, shared obligation, existence of internal legal relations

Abstract: This work analyzes the existing approaches in civil doctrine towards the definition of legal form taken on by ties between joint parties; studies their legal nature; elucidates the key signs of shared ownership, which distinguish it from other similar legal phenomena. The theoretical importance of the conducted research is justified by the fact that sharing civil rights and/or responsibilities is the key sign of civil legal relations with multiple parties. The legal construct of joint ownership also has great practical significance, including allowing coordination and unification of actions of multiple independent individuals and accumulation of their finances for the purpose achieving single legal result. Based on the conducted research, the author concluded that the legal ties between joint owners represent civil legal relations, which emerges in realization of the shared right and/or responsibilities and has a special legal nature. The author is first to meticulously analyze the structure of joint ownership as civil legal relations.

Keywords: shared responsibilities, structure, legal nature, legal capacity, civil legal relationship, civil legal form, Joint ownership of rights, personification, derivative character, will contract

Abstract: The object of this research is organizational agreements, and its subject is the problems of structuring a system of organizational contracts and their classification. The purpose of this research is to build the system of organizational contracts, a brief description of its structural elements, as well as finding a classification criterion for differentiating organizational contracts. The author paid particular attention to the topical issues of assigning individual civil law treaties to a group of organizational agreements for determining the limits of the organizational contracts system, as well as certain problematic issues of some types of organizational contracts. The methodological basis of the research was formed by both general scientific methods of research (dialectical method, deductive and inductive methods, methods of analysis and synthesis) and special legal methods (system method, comparative legal method, formal legal method). The scope of the organizational contracts system is defined in the work by justifying the fallibility of including in the group of organizational agreements separate service contracts, as well as general contractual structures. The author proposes a detailed system of organizational agreements, analyzing each element. The contracts included in the proposed system of organizational contracts are subdivided into auxiliary and self-sufficient based on the systemic relationship.

Keywords: simple partnership agreement, corporate contract, general contract, preliminary agreement, common contract constructs, organizational relations, organizational contract, constituent contract, self-sufficient contracts, auxiliary contracts

Abstract: This article examines the key positions of anarchic humanism that is a political legal concept of one of the most remarkable representatives of the Russian anarchism of the early XX century – A. A. Borovoy. The author focuses on the questions associated with Borovoy’s political role in the contemporary to him society, as well as society of the future related to establishment of the new forms of social development. Special attention is given to the legal questions in interpretation of the anarchic humanism, forms of political participation common to the mechanisms of representative democracy, and actualization of A. A. Borovoy’s heritage in the context of modern sociopolitical realities. Methodological basis of the article lies in the thinker’s political legal activity in systemic understanding, combined with the scientific objectivity and analysis of historical reality. In theoretical heritage of A. A. Borovoy’s can be detected multiple pressing judgments that pursue although conventional, but rather interesting parallel between the political crises in the Russian Empire between the XIX and XX centuries and the modern state of Russia. The author suggests that examination of the concept of anarchic humanism can contribute info determination of the new ways and trajectories of development of the modern societies, considering on of the most underestimated pages of the Russian sociopolitical thought.

Keywords: authority, individualism, law, politics, sociopolitical thought, state, anarchism, individual, society, revolution

Abstract: The subject of this research is the dynamic of correlation between the law as one of the fundamental normative system and the phenomenon of human rights and freedoms. Such dynamic is subject to the philosophical legal analysis, considering the specificity of philosophical legal knowledge. At the same time, the research is conducted at the intersection of the general philosophy of law and philosophy of human rights. The author carefully examines the possible models of their interaction – conflicts and harmonious. Special attention is given to clarification of the trends in development of law, as well as trends in development of human rights under the existing circumstances as a mandatory requirement for the reasonable and objective analysis of the aforementioned interrelation. As the starting point, the article applies generalizations formulated within the framework of the philosophy of human rights. Systemic analysis of the correlation between the law and human rights suggested to be considered as independent thematic space of the philosophy of law and philosophy of human rights that complements and enriches the list of fundamental questions of the philosophy and theory of law (correlation between law and morality, law and society, etc.). The scientific novelty lies in the fact that this research is the first to propose a multi-aspect approach towards the correlation between law and human rights as a separate philosophical legal issue, which amplifies such traditional questions of the philosophy of human rights, as the source of rights, their normative contents, philosophical substantiation, etc. The author concludes that the condition of the legitimacy of law consists in its compliance with the human rights, which in turn, must adhere not just to the principles of law, but also the principles, ideals, and values of the morality. The analyzed correlation was viewed through the currently relevant dichotomy of “universalism and relativism”.

Keywords: international law, relativism, universalism, globalization, human rights, law, identity, state, conflicts, philosophy

Abstract: The subject of this research is the category of legal mastery, which is views as the legal ideas of mastering humanism by an individual and society. Legal mastery includes the mediated by law human actions of intellectual and willed character regarding the transformation of the fragments of social reality. This implies humanization by the virtue of right of society and individual to establish such legal system, which converge on human, his rights and freedoms. Legal mastering is the mediated by law intellectual and willed actions on reformation and humanization of the system of law, as well as substantiation of importance of a human, his rights and liberties within the system of law. The scientific novelty consists in realization of the humanistic ideas in law, transformation of human being, social, and state in the context of legal ideas of mastering humanism by society and individual. We can notice a gradual change in correlation of the notions “law” and “human” The essence of this idea consists in “humanization” of law, as well as creation of such legal system that will converge on human, his rights and freedoms.

Keywords: Rational critical thinking, Values in law, Law as a value, Law and human, Humanization of legal system, General human values, Human rights, Modern legal system, Legal mastering, Mastering

Abstract: This article examines the problematic of experimental legislation and its importance in the context of specific examples of the use of the model of experimental law for establishment of the legal policy in the conditions of insufficient knowledge about the resolvable socioeconomic and other problems and challenges that. The author analyzed the existing key approaches and research assessments in understanding of the role and importance of experimental legislation in comparison with the examples in foreign legal literature and legislative practice. The subject of the study contains the doctrinal positions of Russian and foreign (Western European) legal literature pertaining to the assessment of the role and importance of experimental law, as well as the normative texts as separately taken examples of implementation of the model of experimental law. The scientific novelty consists in theoretical generalizations of the main academic approaches in Russian legal literature alongside the selected examples of foreign legal literature in pursuing correlation with the relevant original foreign legislative acts. The work suggests an original definition of the experimental legislation as a necessary tool and resource for improving the modern legal policy that is applied under the conditions of insufficiency of scientific knowledge about the existing issues and challenges; as well as the mechanisms and methods of their overcoming, which in terms of minimization of the risks and use of inefficient methods, allow acquiring the sufficient data for elimination of the corresponding legal gaps.    

Keywords: Legal means, Permanent legislation, Minimization of risks, Insufficient scientific data, Legislative technique, Legal policy, Target function, Experimental legislation, Legal experiment, Law

Abstract:     This article gives special attention to examination of the existing approaches towards the category of “constitutionalism”. Absence of the universal definition of this category became the result of such multiplicity. The author expresses an opinion that despite the dominance of natural law in establishment of the concept of constitutionalism, which allowed the legal experts speak of the exclusiveness of constitutionalism as a legal category, the moment of considering the philosophical and political prerequisites of its establishment and development remains necessary. Thus, particular attention is focused on the review of this category from the positions of political science. The author highlights the necessity of development of the category of constitutionalism in politological discourse based on its perception as a sociopolitical phenomenon, the purpose of which consists in existence of the demand of society in the rational development of modern state. Such demand can be satisfied due to the development of the current political mechanism of political power relations based on the theory of constitutionalism.    

Keywords: Political stability, Political ideology, Limitation of authority, Political power, Modern state, Political structure, Law, Politics, State, Constitutionalism

Abstract: The subject of this research is the identification of place of the principle of legal certainty within the system of principles of Russian law. This is a relevant question as it allows revealing the content of the examined principle, understanding the area of its impact, as well as determining its typical affiliation. The article turns attention to the academic discussion regarding the question of appurtenance of the principle of legal certainty to the general legal, cross-sectoral, and sectoral principles of the Russian law. Since the principle of legal certainty has received its justification within the practice of the Constitutional Court of the Russian Federation, the article carefully analyzes the legal precedent of this matter. The scientific novelty consists in the lack of research that are dedicated specifically to determination of the place of the principle of legal certainty within the system of principles of Russian law. The author concludes that the principle of legal certainty is multi-aspectual, pertains to legal regulation in general, as well as relates to the general legal and special legal principles of Russian law.

Keywords: Principle of law, General legal principle of law, Cross-sectoral principle of law, Sectoral principle of law, Certainty of legal norm, Certainty of legal relations, Legal regulation, Constitutional Court of the Russian Federation, Equality principle, Legal certainty