Reference:
Riekkinen, M.A..
Constructive protest in constitutional
law: an idealized myth or a potential
reality?
// LEX RUSSICA (Russian Law).
2014. № 5.
P. 587-593.
DOI: 10.7256/1729-5920.2014.5.64917 URL: https://en.nbpublish.com/library_read_article.php?id=64917
Abstract:
This article contains an attempt to provide definition and contents of the category “constructive protest”
as a mechanism for the implementation of the right to participate in the affairs of the state, as guaranteed
by Art. 32 of the Constitution of the Russian Federation. According to her concept the protest should be
aimed at achievement of the final result: provision of a specific request to the public government bodies or a
possible solution of a specific public law problem. The author recognizes only peaceful actions as legitimate
protest, considering any violations of public and legal order in the process of expressing disagreement to be
unlawful and to be punished by the law. She makes a conclusion that the sanctions for the violation of the
procedure for the protest expression cannot serve as the only stimulating means for the citizens to express constructive protest. The goal to improve legal culture of the citizens is one of the most important issues in the
path of optimizing the dialog between the state and civil society.
Keywords:
constructive protest, political rights, participation in government, gatherings of persons, legal culture, abuse of right, petitions, expressing disagreement, the Constitution of the Russian Federation, democratic state.
Reference:
Dobrobaba, M.B..
Conceptual fundamentals of the
service delict law
// LEX RUSSICA (Russian Law).
2014. № 2.
P. 199-210.
DOI: 10.7256/1729-5920.2014.2.63843 URL: https://en.nbpublish.com/library_read_article.php?id=63843
Abstract:
The article concerns conceptual bases of the service delict law, and the author connects its analysis
with the characteristics of the latter as a scientific category, which presupposed the need to study the history
of its formation, to formulate its definition, to uncover its substantial qualities and its place within the system
of law. Revealing its nature includes the study of the contents of the basic term “service delict”, establishing
the institutional element within this legal institution, and the author also singles out the sub-institutions of
service disciplinary and service material responsibility. Defining its place within the legal system is performed
in its correlation with the administrative law as an independent branch of law, administrative delict law, and
service law, as sub-branches of administrative law, as well as with the labor law as an independent branch of
law. Additionally, the author substantiates the complex character of service delict law as a legal institution of
administrative law, analyzing specific factors in support of this statement.
Keywords:
service delict law, legal institution, administrative law, administrative delict law, service law, state (public) servants, municipal servants, service disciplinary delict, service disciplinary responsibility, service material responsibility.
Reference:
Dyachenko, A.P., Tsymbal, E.I..
Social causation of the prohibition
of homosexual propaganda
// LEX RUSSICA (Russian Law).
2013. № 11.
P. 1216-1223.
DOI: 10.7256/1729-5920.2013.11.63448 URL: https://en.nbpublish.com/library_read_article.php?id=63448
Abstract:
Liberalization of sexual morals and legitimating of homosexual marriage and raising children in
the same-sex families were natural results of the general social and psychological changes in Europe. The
authors of the article offer a complex of measures, which is aimed to protect psychosexual development
of children, traditional marital and family values. The author offer to use administrative legal measures on
prohibition of sexual deviation propaganda. The authors also provide formulae for the amendments to the
Family Code of the Russian Federation and the Civil Code of the Russian Federation on prohibition of adoption
of children by the citizens of the states, which currently permit same-sex marriages, as well as prohibition
of pedagogical activities for the persons with deviant sexual behavior. The authors offer to amend
the provisions of Art. 134-135 of the Criminal Code of the Russian Federation on compulsory correctional
measures towards pedophiles.
Keywords:
jurisprudence, social control, deviant sexual behavior, homosexual, propaganda, administrative responsibility, criminal responsibility, family legislation, administrative supervision, recidivist prophylactics.
Reference:
Prudnikov, A.S., Akimova, S.A..
Illegal migration
and administrative
legal responsibility
for some migration offences
// LEX RUSSICA (Russian Law).
2013. № 9.
P. 961-969.
DOI: 10.7256/1729-5920.2013.9.63079 URL: https://en.nbpublish.com/library_read_article.php?id=63079
Abstract:
In order to fight migration offences in the territory of Russian Federation, it is important to improve
and Implement migration legislation in the sphere of migration processes regulation: immigration, emigration,
forced migration, voluntary movement to the Russian Federation by the compatriots from abroad,
labor migration and resettlement. Absence of permanent sources of income of illegal migrants serves as a
key criminogenic factor, which influences the number of crimes by illegal migrants and supports the influx
of illegal migrants into the ethnic criminal groups and mixed criminal groups, as comprised of persons from
different states. In order to prevent social migration-related conflicts it is extremely important to curtail the
number of illegal migrants outside of scope of government social policy, since illegal migration serves as
breeding grounds for organized crime and international terrorist and extremist organizations. Based on the
statistical data for 2012, the article includes analysis of theoretical legal characteristic features of modern
illegal migration within the framework of administrative legal responsibility for the most typical offences
in this sphere.
Keywords:
jurisprudence, illegal migration, administrative offences, migration, legal responsibility, migration sphere, migrant workers, fighting, Federal Migration Service of Russia, security, migration legislation.
Reference:
Shekhovtsov, V.A..
Genesis of the Russian Parliament:
the first steps
// LEX RUSSICA (Russian Law).
2013. № 8.
P. 884-897.
DOI: 10.7256/1729-5920.2013.8.62911 URL: https://en.nbpublish.com/library_read_article.php?id=62911
Abstract:
The article is devoted to the analysis of two directions within the process of genesis of the Russian
parliament: the pre-Parliamentary bodies of state government, their structure and forms of activities and the
project of formation of Parliament in the Tsarist Russia. The multi-stage, contradictory process of formation
of the Russian parliament includes formation, organization of work the pre-Parliamentary bodies of state
government, as well as formation and development of the ideas of parliamentarism. At the time of its formation in IX century, the Russian (Kyiv) state, represented a type of an early feudal monarchy, and the popular
assembly (veche) was one of the state government bodies. Veche was a gathering of the fully legitimate male
city dwellers, which was regarded as a legally superior government body in Novgorod. It performed legislative,
executive and judicial functions. The Novgorod veche gave power and competence to other bearers of public
power (the prince, the eminence, posadnik (mayor) and tysyatskiy (captain of the thousand). the Council of
Boyars is also of much interest to those studying the first elements of formation of the representative (legislative)
government bodies in Russia. From the middle of XVI century to the middle of XVII century the activities
of the Council of Boyars were complemented by the Assemblies of the Land (Zemskoy Sobor). From the start of
the era of «enlightened absolutism» of the Empress Catherine the Great the liberal ideas, the theory of separation
of powers, natural law, social pact, etc. start entering Russia from the West. The state government bodies,
the pre-Parliamentary forms, the ideas of formation of a Parliament in Russia were the streams and sources,
which after many centuries of evolution lead to the formation of the Parliament of the Russian Federation and
the formation of the Russian parliamentarism.
Keywords:
jurisprudence, legislative process, state, Duma, Zemskoy Sobor, Council Code, the Prince, parliament, draft Constitution, state government, bodies.
Reference:
Prizhennikova, A.N..
Administrative judicial procedure
in the arbitration courts:
arbitration process?
// LEX RUSSICA (Russian Law).
2013. № 7.
P. 742-749.
DOI: 10.7256/1729-5920.2013.7.62887 URL: https://en.nbpublish.com/library_read_article.php?id=62887
Abstract:
The article includes analysis of the topical issues regarding the correlation of the terms administrative
process and arbitration process The categories of cases, which are dealt with by the arbitration courts,
fall within either administrative or arbitration procedural orders of adjudication. Such a division causes certain
problems with the competence over the cases. The specific features for the adjudication of cases under
Art. 24 of the Arbitration Procedural Code is that these disputes have public legal character, which is in turn
based upon the inequality of parties to the dispute. The Arbitration Procedural Code of the Russian Federation
defines the adjudication in the arbitration courts on the disputes arising from administrative relations as
administrative procedure. Taking into account the specific features of such cases, it seems necessary to include
special procedural provisions for it, namely the Administrative Judicial Procedural Code, which shall serve as a
basis for the specific administrative procedural form of resolution of administrative legal disputes. The author
expresses her opinion on the development of administrative judicial procedure.
Keywords:
jurisprudence, administrative judicial procedure, arbitration court, judicial power, cases, arising from administrative and other public relations, economic dispute, specialized courts, administrative dispute, economic court, the draft Code for the Administrative Judicial Procedure, public law.
Reference:
Kozubenko, Y.V..
Studies of the mechanism
of criminal law regulation
at the interdisciplinary level
// LEX RUSSICA (Russian Law).
2013. № 6.
P. 655-661.
DOI: 10.7256/1729-5920.2013.6.62726 URL: https://en.nbpublish.com/library_read_article.php?id=62726
Abstract:
The article includes analysis of the social relations within the sphere of criminal law regulation in
their interdisciplinary aspect. The author expresses an opinion that the structures of objects of regulation
of material and procedural criminal law allow to single out the common element — the social relations
between a person, who has committed the act which is prohibited by criminal law and the victim, whose interests
are represented by the state via its competent bodies. This group of social relations is one of factual
relations. in turn, the «nucleus» of the object of regulation of the criminal law is a material aspect of these
relations, while the «nucleus» of the regulation of the criminal procedural law is its procedural aspect. Each
of the aspects within the same group of factual social relations may and has to be interpreted as criminal
law and criminal procedural relations, that is, as the relations, which serve as means for the legal regulation
of real social relations, and in some sense disciplinary legal constructions. The said correlation presupposes
the presence of some general interdisciplinary construction, which is a mechanism for the criminal law
regulation.
Keywords:
jurisprudence, object of regulation, method of regulation, mechanism of criminal law regulation, correlation of material and procedural criminal law, crime, criminal proceedings, criminal responsibility, criminal law complex, «nucleus» of the object of regulation, interdisciplinary legal construction.
Reference:
Matskevich, I.M..
Criminal type of person:
non-mathematical regulation
// LEX RUSSICA (Russian Law).
2013. № 5.
P. 509-520.
DOI: 10.7256/1729-5920.2013.5.61420 URL: https://en.nbpublish.com/library_read_article.php?id=61420
Abstract:
The article contains analysis of different approaches towards the personality of a criminal. The author
analyzes anthropological, biological, social and psychological explanations for the criminal behavior of
a person. Then the author provides an original version of the type of personality of a violent criminal. It is
proven that the mechanisms for the unlawful and law-abiding behaviors are the same. It is stated that any
person is able to commit a crime, and the society is the one which may prevent crimes, and it is to blame for
each criminal.
Keywords:
jurisprudence, criminal type, mechanism for the personality formation, the due measure of prohibitions, personality of a criminal, criminal behavior, law-abiding behavior, criminal privatization, mechanism of human behavior, the psychological sub-structure of a person.
Reference:
Rossinskaya, E.R..
Modern ideas on object
and system of the judicial
expertology
// LEX RUSSICA (Russian Law).
2013. № 4.
P. 421-428.
DOI: 10.7256/1729-5920.2013.4.62632 URL: https://en.nbpublish.com/library_read_article.php?id=62632
Abstract:
The article includes brief analysis of history and objective prerequisites for the formation of the theory
of judicial disciplines as an interdisciplinary theory in 1980s — 1990s. it is noted that the growing value of
special knowledge In the judicial procedure, development of theory and practice of the judicial expertise in
the XXI century requires the reevaluation of the concept of the judicial expertise and raises it to the level of
science. Based on the retrospective analysis of the theoretical scholars of judicial expertise in the last 20 years,
the author offers her own definition of the object of the judicial expertology, which is based upon the key patterns, studied by this science, as well as the four-level system of science, including the general theory of judicial
expertology, legal guarantees of judicial expert activity, organizational guarantees of judicial expert activity,
judicial expert technologies.
Keywords:
jurisprudence, judicial expertise, expert, judicial expert activity, theory of judicial expertise, method of judicial expertise, judicial expertology, expert technologies, judicial expert institutions, competence of expert.
Reference:
Ischenko, E.P..
Euthanasia:
pro et contra
// LEX RUSSICA (Russian Law).
2013. № 3.
P. 320-330.
DOI: 10.7256/1729-5920.2013.3.62506 URL: https://en.nbpublish.com/library_read_article.php?id=62506
Abstract:
For the several decades the global community has been actively discussing the possibility for the legalizing
euthanasia. As for the Russian legal doctrine, the problem of euthanasia is being concealed. Only the
people who face the horror of incurable illness and the suffering that it brings try to find the way out from such
a situation on their own, and usually nothing good comes out of it. Taking the above-mentioned issues into
account, the author analyzes the legal issues regarding euthanasia. The author provides the brief analysis of
the history of the problem, as it was regarded by Thomas Moore and Francis Bacon. The author then analyzes
the points of view on active and passive euthanasia by Russian and foreign authors, and he provides the arguments
«pro et contra» its decriminalization and legalization in Russia. The author provides detailed analysis
of the solutions of the euthanasia problem, which were found in the USA, in the Great Britain, the Federal
Republic of Germany, Italy, Holland, Belgium, and other foreign states. He provides detailed analysis of the
Nancy Cruzan case, when she was for a long time in coma, being connected to the life-sustaining machinery,
as a judicial precedent in the USA. He also pays attention to the conditions of death of Sigmund Freud. He provides
examples of illegal euthanasia and arguments against its legalization in Russia, regarding imperfections
of medical diagnosis, lack of studies of the bordering conditions between life and death, development and
progress of medicine and pharmacology, the impossibility of making «death angels» out of doctors, as well as
negative consequences of commercialization of medical services. The author comes to a conclusion that legalization
of euthanasia in Russia shall lead to the irreversible criminalization of the medical system, lowering the
dignity of medics, perversion of their professional duty and the greater social, spiritual and moral degradation
of person and society. To permit euthanasia is to finally destroy feelings and connections among the relatives.
Keywords:
jurisprudence, euthanasia, «kind death», types of euthanasia, legislative regulation, problem, definition, experience of the foreign states, cases of euthanasia.
Reference:
Lazarev V.V..
Legal science: current state,
challenges and perspectives
(theoretical thoughts)
// LEX RUSSICA (Russian Law).
2013. № 2.
P. 181-191.
DOI: 10.7256/1729-5920.2013.2.62405 URL: https://en.nbpublish.com/library_read_article.php?id=62405
Abstract:
The cognition of legal science can be achieved with various methodologies, from the abstract metaphysics
to the all-permeating empiric studies. The most acceptable general systemic approach allows to integrate
the strengths of the all known methods of theoretical and practical analysis. This approach allows to
single out the historic periods of development of science. The author attempts to view inner and outer factors
of development of the Russian legal science, which allow to characterize its ontology and gnoseology through
the prism of its challenges.
Keywords:
jurisprudence, science, condition of science, reflection, methodology, challenges, scientists, lawyers, perspectives of science, branches of sciences, scientific institutions.