Reference:
Slavgorodskaya, O.A..
Komissarov: life vector
// LEX RUSSICA (Russian Law).
2014. № 5.
P. 618-621.
DOI: 10.7256/1729-5920.2014.5.64920 URL: https://en.nbpublish.com/library_read_article.php?id=64920
Abstract:
On March 14, 2014 Vladimir Ivanovich Komissarov celebrated his 75th anniversary. V.I. Komissarov is
Doctor of Law, Professor, Merited Lawyer of the Russian Federation, Merited Worker of Higher Education of
Russia. The article contains the story of his youth in the hard post-War years, his studies at the Law School of
the Moscow State University named after M.V. Lomonosov, his work in the prosecution bodies of the Saratov region. The main landmark of his professional life was his work in the Saratov Law Institute named after D. I.
Kursky (Saratov State Academy of Law, Saratov State Law Academy). He was a lecturer, an Associate Professor,
a Professor of the Department of Forensic Studies, Vice-Rector on Teaching Issues, for over a decade he was
the chairman of the Department of Methodology of Forensic Studies. He is the author of several monographs,
manuals and numerous articles on topical problems of forensic studies. For a long time he was the head of the
Dissertation Council of the Saratov State Law Academy, and he was a member of the Dissertation Councils of
the Voronezh, Krasnodar and Samara State Universities. He has been the scientific advisor for 3 Doctors of Law
and 20 PhDs in Law.
Keywords:
V.I. Komissarov, forensic studies, lecturer, professor, forensic tactic, lawfulness, ethics of preliminary investigation, scientific works, path in science, professionalism, charisma.
Reference:
Lushnikov, A.M., Lushnikova, M.V..
Karasev Y.A. and Danilova E.N.
as merited scientists in the sphere
of labor law
// LEX RUSSICA (Russian Law).
2014. № 4.
P. 502-509.
DOI: 10.7256/1729-5920.2014.4.64202 URL: https://en.nbpublish.com/library_read_article.php?id=64202
Abstract:
The article provides a brief overview of teaching labor law at the Kutafin Moscow State University
(earlier, the MSAL, MLI, CEISL, CECLE, AUELU etc.). The author mention the heads of the Department of Labor
Law and Social Guarantees Law (earlier Labor and Collective Farm Law) and leading lecturers. Based upon
this the author establish the range of persons, to whom they shall devote the cycle of essays on outstanding
scientists in the sphere of labor. They provide biographical information and characterize the scientific heritage
of the first labor law lecturers of the All-Union Extramural Law University (AUELU), namely Yakov Afanasievich
Karasev (on whose initiative the Department of Labor and Collective Farm Law of the AUELU was formed) and
Elizaveta Nikolaevna Danilova. The authors make the conclusion on their significant input into the development
of the Russian science of labor law, and E.N. Danilova was also a leader among the staff of the Law Department
of the People’s Commissariat of Labor of the RSFSR (SSSR), the author of the best commentary to the labor
legislation in the second half of the XX century.
Keywords:
science of the labor law, MSAL, MLI, CEISL, CECLE, professors and lecturers, Y.A. Karasev, E.N. Danilova, scientific heritage, biography, the AUELU.
Reference:
Butnev, V.V., Lastochkina, R.N..
The founders of the modern Yaroslavl
school of procedural scholars
// LEX RUSSICA (Russian Law).
2014. № 3.
P. 351-365.
DOI: 10.7256/1729-5920.2014.3.63972 URL: https://en.nbpublish.com/library_read_article.php?id=63972
Abstract:
The article contains brief characteristics of the scientific ideas of the Professors V.M. Gorshenev, P.F.
Eliseikin, Y.O. Motovilovker on the nature of legal process and specific features of its application within specific
branches of law. Professor V.M. Gorshenev is one of the founders of the theory of “broad” legal process, who
considered that the procedural law is not limited to its traditional branches. He regarded procedural relations
as a type of organizational service relations. Unlike the organizational relations within the subject of regulation
of material branches of law, the procedural relations are based on subordination with the participation of the
body having a positions superior to the parties of an “organized” relationship. He distinguished various types
of legal process: founding, law-making, law-enforcement, controlling. Professor P.F. Eliseikin studied the fundamental
problems of civil process based upon the general theory of law. He considered the object of judicial
activities to be the central link within the judicial protection mechanism. He regarded the right to protection
to be an independent subjective right, which is not equal to a violated material right or a procedural right to
bring a claim in court. The object of legal protection (violated regulative relationship) in his opinion was different
from subject of judicial activities (protective relationship). While partially agreeing with the theory of V.M.
Gorshenev, P.F. Eliseikin considered that the legal process is law-protecting activities of jurisdictional bodies, he
was a supporter of the theory of “broad” civil procedural law and the formation of the administrative process.
Professor Y.O. Motovilovker was a representative of a liberal direction within the theory of criminal process,
developing philosophical and procedural aspects of objective truth as a goal of the process. He formed his own
concept of the subject of criminal procedural activity and prerequisites for the criminal judicial proceedings. In
the opinion of Professor Y.O. Motovilovker the paradigm of the criminal judicial proceeding was an understanding
of criminal process, which was competitive and based upon the presumption of innocence as the guarantee
of finding out the truth and means of protection of innocent persons from unlawful and unfounded criminal
prosecution. The results of studies of V.M. Gorshenev, P.F. Eliseikin, Y.O. Motovilovker to a substantial extent
have formed the basis for the modern procedural law.
Keywords:
Gorshenev, Eliseikin, Motovilovker, scientific heritage, process theory, procedural law, right to protection, problem of objective truth, civil process, criminal process.
Reference:
Fadeev, V.I..
In memory
of Boris Sergeevich Krylov
// LEX RUSSICA (Russian Law).
2014. № 1.
P. 123-128.
DOI: 10.7256/1729-5920.2014.1.63794 URL: https://en.nbpublish.com/library_read_article.php?id=63794
Abstract:
The article is devoted to Professor B.S. Krylov, his life and scientific achievements. It discusses the
main points of his life as a scientist, teacher, citizen, patriot, participant of the 2nd World War. The author
shows the input of B.S. Krylov into the analysis of many topical problems of constitutional law, such as parliamentarism,
federalism, and sovereignty, constitutionalism, human rights, etc. It is noted in the article that
B.S. Krylov was a thoughtful and authentic scientist, and he also was a very good teacher and lecturer, he put
a lot of effort into the improvement of the level of education of students in the sphere of humanities, and to
their patriotic education. The people were attracted to him due to his intelligence and the wide range of scientific
and common knowledge. He was loved by the students, appreciated by his postgraduate students and
deeply respected by his colleagues, who recognized his knowledge, expertise and fine personal qualities. He
made an important input into the development of science of constitutional law of foreign states. One may
say that in many of his works the problems were addressed for the first time in science. His doctoral thesis
was a first fundamental work on parliament and parliamentarism of foreign states in the Soviet science, and
it was written based on numerous foreign sources, many of which were for the first time brought into the
scientific turnover by him. Secondly, during the Soviet period B.S. Krylov often published the article, where
he characterized the constitutional law of foreign states, and the newest scientific works of foreign authors.
In his opinion the future of the state required strengthening of the central power and widening the scope of
democratic elements in all of the elements of government. In his opinion this combination was capable of
guaranteeing the further development of basic human rights and freedoms. At the same time, he pointed out
that the legislators should take into account the fact that the Russian federalism was by no means consecutive,
since it grew out of the unitary state, which the USSR de facto was. He noted that in every federation the competences of central and local government is established based upon historical traditions and local conditions,
as well as the level of political development of the population. In his opinion, it was important that the
federal relations should not be constantly and abruptly changed, rather they should be based on sustainable
constitutional norms and principles. Referring to the problem of equality and equal rights in constitutional
law, he noted that this problem has specific value in a federal state. He was considering that all of the constituent
subjects join the Russian Federation on equal terms an lack of equality among such subjects and
their bodies would also mean that the residents of such constituent subjects are also not equal in their rights.
Keywords:
jurisprudence, B.S. Krylov, constitutional law, parliamentarism, federalism, sovereignty, military law academy, Kutafin Law School, constitutionalism, Constitution.
Reference:
Luneev, V.V..
Kudryavtsev:
a person, a scientist, a citizen
// LEX RUSSICA (Russian Law).
2013. № 10.
P. 1146-1151.
DOI: 10.7256/1729-5920.2013.10.63262 URL: https://en.nbpublish.com/library_read_article.php?id=63262
Abstract:
On October 5, 2007 a renowned scientist Vladimir Nikolaevich Kudryavtsev died. Legal and social sciences
lost a renowned lawyer, forensic scientist, social scientist, political scientist, Doctor of Law, Professor,
Merited Scientist of the Russian Federation, talented organizer and an acting member of the Academy of Sciences
of the USSR, and later of the Russian Academy of Science, its former Vice-President, and curator of social
sciences at the difficult times of Perestroika and market reforms. Throughout his life he served state and law,
legal and social sciences, formation of a rule-of-law state, and fighting crime. The lawyers responded to the
death of Kudryavtsev with many articles and memoirs by his colleagues and students, including the author of
this article. Vladimir Nikolaevich Kudryavtsev was born in Moscow on April 10, 1923.
Keywords:
jurisprudence, Vladimir Nikolaevich Kudryavtsev, Doctor of Law, Professor, Academician, Vice-President of the Academy of Sciences of the USSR, the Russian Academy of Sciences, forensic scientist.
Reference:
Naumov, A.V..
Criminal law views
of Academician Kudryavtsev
// LEX RUSSICA (Russian Law).
2013. № 10.
P. 1152-1155.
DOI: 10.7256/1729-5920.2013.10.63263 URL: https://en.nbpublish.com/library_read_article.php?id=63263
Reference:
Gaivoronskaya, Y.V..
System of legal acts
of the Russian Federation
// LEX RUSSICA (Russian Law).
2013. № 8.
P. 820-829.
DOI: 10.7256/1729-5920.2013.8.62904 URL: https://en.nbpublish.com/library_read_article.php?id=62904
Abstract:
The article gives grounds for the system of legal acts of the Russian Federation as a complex classification.
The author provides critical analysis of various classifications of legal acts due to their incomplete nature,
and she provides her own version for the systematization of legal acts. The key criterion for the classification
is the legal nature of an act. The author characterizes specific features of the legal nature of the legal acts of
various types. A large number of acts of ambiguous or mixed legal nature leads conflicts of laws and complicates
the practice of legal implementation. Many of these problems may only be resolved by legislative means.
The legislator should resolve two key problems: firstly, it is necessary to clarify the competence of certain
subjects to issue certain types of legal acts, as well as the requirements to the legal techniques for the various
types of legal documents; and, secondly, to introduce limitations to those subjects regarding issuing the acts
of ambiguous legal nature, for which it may be complicated to establish both their legal consequences and the
degree of their obligatory character.
Keywords:
jurisprudence, legal acts, interpretation acts, general acts, document, legal nature, acts of mixed nature, implementation of law, application of law, implementation of obligations, act.
Reference:
Fadeev V.I..
In memoriam
of Ekaterina Ivanovna Kozlova
// LEX RUSSICA (Russian Law).
2013. № 2.
P. 208-210.
DOI: 10.7256/1729-5920.2013.2.62408 URL: https://en.nbpublish.com/library_read_article.php?id=62408
Abstract:
The article is devoted to the memory of the eldest professor of the Moscow State Legal University
named after O.E. Kutafin — E.I. Kozlova, her life and scientific work.
Keywords:
jurisprudence, Kozlova, E.I., Kutafin, O.E., Kravchuk, S.S., constitutional law, Soviet construction, Moscow Legal Academy, Moscow State University, the All-Union Legal External Degree Institute, the Award of the President of the Russian Federation in the sphere of education.