Theory
Reference:
Dias Martins R.
Copyright law: a path to a genuine reform
// Law and Politics.
2015. ¹ 12.
P. 1652-1656.
URL: https://en.nbpublish.com/library_read_article.php?id=52546
Abstract:
The object of this research is the theoretical substantiation of the copyright law starting from the times of Johannes Gutenberg and first normative acts, which are associated with the designated branch of law. The author pursues the correlation between the prerequisites of the emergence of copyright law and its practical implementation in the modern world, in order to examine if its prerequisites correspond with the demands of modern society. For better understanding of the certain problems of copyright law, it was necessary to study contractual legal relations, which serve as a transfer instrument for exclusive usage rights. The author attempts to determine the important directions of this reform of the copyright law. The author’s main contribution into the research of this topic is the description of the essential aspects of copyright law in the light of criticizing the foundations of this branch of law. The conclusion is made that the broad expansion of the most flexible methods of managing copyrights such as Creative Common, suggests that the authors do not always desire to have an all-encompassing protection of their rights and receive revenue, but rather want to make their contribution into the development of the scientific and cultural potential of the society.
Keywords:
justice, contractual relations, social nature of knowledge, «Creative Commons», prerequisites for reforms, functions of Copyright Law, Copyright Law, branches of law, new models of regulation, collaborative works
Theory
Reference:
Zheldybina T.A.
On the key issues of lawmaking at the current stage of development of legal science
// Law and Politics.
2015. ¹ 12.
P. 1657-1666.
URL: https://en.nbpublish.com/library_read_article.php?id=52547
Abstract:
This article is dedicated to the research of the fundamental problems of lawmaking at the current stage of development with consideration of the advancements in the Russia’s political-legal thought. The subject of this research is the analysis of the nature of modern legislation through the study of its primary and most important issues. The goal of this work is to assess the current state of Russian legislation with consideration of the characteristics of its key issues, and evaluate the state of modern scientific developments in this area in the context of globalization of modern Russian law. As a result, the author determines the following problems: the problem of legislative fixation of the conceptual-categorical apparatus in the area of lawmaking; problem of legal language; problem of lawmaking techniques (technical methods of lawmaking); problem of harmonization of the federal and regional legislations; problem of gaps in the laws and juridical collisions; problem of improving the vectors of legal policy in the area of lawmaking; problem in preparation of specialists in the sphere of lawmaking and responsibility in this area. The author concludes that at this time juridical science clearly manifests the trend of unification of law and lawmaking.
Keywords:
Jurisprudence, Law, Lawmaking, Legal science, Legislation, Regulation, Gaps, Collisions, Decisions, Policy
State institutions and legal systems
Reference:
Andreev S.V.
The legal bases of interaction of bodies of state power of subjects of the Russian Federation and local authorities in the sphere of transport services
// Law and Politics.
2015. ¹ 12.
P. 1667-1672.
URL: https://en.nbpublish.com/library_read_article.php?id=52548
Abstract:
The subject of this article is the legislation governing the transport service of the population and the need for establishing cooperation between state authorities of the RF subjects and local authorities in the field of socially useful activity. With a focus on their joint activities in the sphere of transport of passengers by bus is the most accessible to the public form of public transport. In the process of the study were used widely tested scientific methods of dialectical materialist knowledge, as well as the system-structural method, the analysis of the laws and other legal acts, formal-logical method. Collectively called the method was the methodology of this study.Problems article is among undeveloped in the legal literature. In this connection, the elements of novelty have definitions of "the interaction of state power of subjects of the Russian Federation and local self-government" and "the organization of transport services", as well as the characterization of the essence of the interaction of bodies of state power of subjects of the Russian Federation and local self-government for the organization of public transport services. The novelty is contained in the proposals on improvement of legal regulation of their activities in this socially important sector.
Keywords:
Public authority, Constitution of the Russian Federation, Federal law, Transit strategy, Regional legislation, Mass transit, Government branches, Constituents of the Russian Federation, local self-governance, Cooperation
State institutions and legal systems
Reference:
Musalova Z.M., Gabieva S.M., Gadzhieva Kh.V.
Interaction of the head of a subject of the Russian Federation with the President of the Russian Federation
// Law and Politics.
2015. ¹ 12.
P. 1673-1676.
URL: https://en.nbpublish.com/library_read_article.php?id=52549
Abstract:
The object of this research is the public relations emerging in the process of interaction between the head of a subject of the Russian federation with the President of the Russian Federation, as well as the place of the senior official of a subject of Russian federation within the mechanism of government authority. The authors analyze this position as a head of the subject of Russian Federation who is called to ensure the interests of his people on one hand, and as an element of a the system of executive authority according to part 2 of Article 77 of the Constitution of the Russian Federation. Based on the research of the interaction of a subject of the Russian Federation with the President of the Russian Federation, we can conclude that among federal branches of government authority it is the head of state that has the highest authority with regards to the highest official of the subject of the federation, which results from his authority to ensure coordinated functionality and cooperation between the branches of government power.
Keywords:
authority, mechanism of separation of powers, interaction, head of the subject, president, constitution, law, federation, system, state power
State institutions and legal systems
Reference:
Platonova N.I.
Direct government financing of the current activity of political parties in Russia
// Law and Politics.
2015. ¹ 12.
P. 1677-1681.
URL: https://en.nbpublish.com/library_read_article.php?id=52550
Abstract:
This article is dedicated to the examination of development of legal regulation of the government financing of political parties by means of granting state subsidies. A special attention is given to the analysis of the efficiency of federal spending aimed at support of the established party system. The currently existing order of government support of the political parties corresponds neither with the principles of reasonableness nor objectiveness. The severity of this issue has increased due to the fact that Russia is undergoing an economic crisis, thus there is an urgent need for optimization of state revenues. Based on the conducted research, the author concludes that there is a need for reform of the system of state party funding, and suggest the ways of improving the existing legislation. First and foremost, it is recommended to set the order of determining the volume of allocated funds from the federal budget in form of a certain percentage of its total size for the corresponding year, as well as establishing a dual-level system of disbursement of state investments among the parties. Such measures contributed into optimization of the federal spending, as well as encouraged the development of political parties that gain most support among the population of the country.
Keywords:
direct government funding, financing of political parties, current activity of political parties, government funding, political parties, optimization of federal spending, state subsidy, party system, principle of reseonableness, federal budget
Law and order
Reference:
Borozenets N.N.
The essence, means, and limits of the prosecutor’s work in criminal proceedings
// Law and Politics.
2015. ¹ 12.
P. 1682-1687.
URL: https://en.nbpublish.com/library_read_article.php?id=52551
Abstract:
The subject of this research is the work of prosecutors, particularly in ensuring rights and legal interests of sides of criminal proceedings during the pre-trial stages. Problems in this field of prosecutorial work consist in the theoretic uncertainty and practical difficulties of realizing the authority that is aimed at protecting, defending, and in if necessary, restoring the violated rights of the sides of criminal proceedings. At the same time, the key characteristics of prosecutorial work (essence, means, and limits) remain debatable. The author makes a conclusion on the fulfilment of the legal enforcement by several empowered subjects of the criminal procedural relations. At the same time, law enforcement in prosecutorial work differs in a unique combination of traits and attributes. Law enforcement by a prosecutor represents practical realization of initiative, independent actions in determining violations of rights of the parties in criminal proceedings and application of authority in their resolution (means of law enforcement).
Keywords:
defense, protection, rights, participants, law enforcement, prosecutor, criminal proceedings, restoration, compensation
Law and order
Reference:
Popov V.A.
Establishment of criminal enterprise or participation therein: separate questions of qualification
// Law and Politics.
2015. ¹ 12.
P. 1688-1692.
URL: https://en.nbpublish.com/library_read_article.php?id=52552
Abstract:
This article examines certain questions of qualification of the action of organizers and members of a criminal enterprise in the process of application of Article 210 of the Criminal Code of the Russian Federation. Such questions include: 1) questions pertaining to qualification by the rules of actual accumulation of crimes; 2) questions pertaining to possession of weapons by the members of the criminal enterprise; 3) questions that pertain to forceful participation in the criminal organization. The object of this research is the norms of criminal law and legal literature on this topic. The author formulates the corresponding rules of qualification for each of the aforementioned situations, which can be used as a certain methodological base in the work of the law enforcement agencies and courts, as well as for future research in the science of criminal law. The author also makes recommendations on possible changes to the current criminal legislation of the Russian Federation.
Keywords:
compulsion, objective imputation, incitement, organized crime, questions of qualification, criminal enterprise, criminal association, weapon possession, qualifying sign, criminal law
Authority and management
Reference:
Oseychuk V.I.
On the question of establishment of the a model of government administration in Russia
// Law and Politics.
2015. ¹ 12.
P. 1693-1700.
URL: https://en.nbpublish.com/library_read_article.php?id=52553
Abstract:
The subject of this research is the public relations associated with the establishment in modern Russia of a new model of government administration. The object is the fundamental elements of the system of government administration, including its constituents, basic principles, legislation, as well as socio-economic and personnel policy, etc. A special attention is given to the political legal aspects of the formation of a new model of government administration. The author believes that the principal elements of a new system of government administration should be set by the Constitution of the Russian Federation; thus, the question is raised on the new stage of the constitutional reform. The main conclusion of the conducted research consists in the fact that in modern Russia it is reasonable to launch a conceptually new model of government administration; it should include the achievements of the global management though, and taking into account the peculiarities of the government administration in Russia that are formed based on the specificity of the Russian mentality and culture. The scientific novelty lies in the substantiation of the complex of political legal norms, which are essential for establishment of the new model of government administration.
Keywords:
People, People, Government administration, Constitution, Principles, Mechanism, Crisis, Reform, System, Effectiveness
Authority and management
Reference:
Samsonov A.I.
Main direction of municipal investment activity: legal aspect
// Law and Politics.
2015. ¹ 12.
P. 1701-1705.
URL: https://en.nbpublish.com/library_read_article.php?id=52554
Abstract:
The subject of this article is the normative legal acts that regulate municipal investment activity and determine the power of local self-governance authority, which establish the guarantees for the investors; as well as the norms of fiscal and urban development legislation, which determine the peculiarities of realization of investment activity on the municipal level. The author presents the research on municipal law as a comprehensive branch of the law, including the regulation of economic relations within the investment sphere, and also reviews investments and investment activity as the phenomena of law. This work is firs to analyze the capabilities of the local self-governance authority in attracting investors towards the solutions of the matters of local significance. The author gives definition to the notion of “municipal investment activity”, and characterizes the forms of investment activity n the municipal level, while the actual investment relations within the system of local self-governance are viewed as a derivative from the necessity and ability to appropriate the attracted capital (investments).
Keywords:
Local self-governance authority, Municipal investment activity, Municipal property, Public-Private partnership, Legal protection of investments, Federal law, Investor, Concession agreement, Legal guarantees, Investments
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Reznik R.S.
Choice of law protection of consumer rights in the European Union and the Russian Federation
// Law and Politics.
2015. ¹ 12.
P. 1706-1713.
URL: https://en.nbpublish.com/library_read_article.php?id=52555
Abstract:
This article examines the models of choice of law regulation of contracts involving consumers, while separately studying the model chosen by Russian and European legislators. The work explains the notions of passive and active consumers, and reflects the specificity of contract regulation with participation of both of these types of consumers. Based on the analysis of the norms and doctrines, the author determines a number of practical and theoretical problems, thus raising the issue of possibility of the cumulative application of protective imperative norms of several legal orders. It is yet unclear who initiates the application of imperative norms of the country of residence of the consumer – the consumer or the ex officio court. In addition to that, the author raises the question of exactly which imperative norms are subject to application – only those that directly pertain to consumer protection, or any imperative norms of the consumer’s country of residence. Another practical issue is the need for the professional side to consider and know the legislation on consumer protection of all countries in which they conduct business, which carries additional expenses for small and medium business, forcing it out of the international retail market.
Keywords:
passive consumers, active consumers, international trade, consumer protection, mandatory norms, party autonomy, European Union, choice of law, consumer agreement, targeted activity
JUDICIAL POWER
Reference:
Gulemin A.N.
Towards e-government: foreign and international experience in e-justice
// Law and Politics.
2015. ¹ 12.
P. 1714-1718.
URL: https://en.nbpublish.com/library_read_article.php?id=52556
Abstract:
This article presents the generalized analysis of the e-justice systems implemented and operating in the foreign countries, which characterize main trends of development of this process in the world. The author examines the most successful projects of e-justice systems on Singapore, Turkey, Croatia, and Belgium. The key principles of functioning of this systems, as well as characteristic features of each system are being determined. It is ascertained that the development of e-justice systems in foreign countries is taking place within the framework of such large projects as e-management, and complies with the general goal of simplification of cooperation between the citizens and government authorities. In the course of this research, the author indicates the positive, as well as the negative aspects of implementation of the e-justice system. In terms of using the e-justice, professional lawyers become practically the necessary intermediaries between the citizens and the judicial authority, which can hinder the access to justice and increase the court costs of both sides. The implementation of such systems in impossible not only without introduction of changes into the current procedural codes, but also without a thorough analysis on all levels of threats to an individual, society, and the state from spread of such conduct of court proceedings.
Keywords:
civil proceedings, arbitration proceedings, information society, e-management, information systems, court proceedings, e-government, e-justice, information law, justice
JUDICIAL POWER
Reference:
Karasev R.E.
Decisions of the Constitutional Court of the Russian Federation: problems of execution
// Law and Politics.
2015. ¹ 12.
P. 1719-1727.
URL: https://en.nbpublish.com/library_read_article.php?id=52557
Abstract:
The subject of this research is the public relations pertaining to executions of the decisions of the Constitutional Court of the Russian Federation. The article examines the questions of juridical power of the decisions of the Constitutions Court of the Russian Federation, their direct effect, the legal mechanism of the execution of the decisions of the branches of constitutional review, including the duties of the competent branches on amendments to the legislation in accord with the legal positions of the Constitutional Court, as well as the questions of responsibility for failure to carry out the decisions of the Constitutional Court of the Russian Federation. The author concludes that the current legislation does not provide the order of implementation of the decisions of the Constitutional Court of the Russian Federation, but does hold responsible the government branches and officials for execution of the normative legal acts in accordance with the Constitution and the legal position of the Constitutional Court that are ruled by the court as unconstitutional. Due to this fact, there is a need for correction of the current legislation that regulates the questions of execution of the decisions of the Constitutional Court.
Keywords:
Rights, Responsibility, Constitution, Constitutional Court, Judicial system, Constitutional review, Judicial authority, Efficiency, Execution, Liberties
Human and state
Reference:
Riekkinen M.A.
Participation of senior citizens in the sociocultural life: legal analysis in the context of retirement homes in Finland
// Law and Politics.
2015. ¹ 12.
P. 1728-1735.
URL: https://en.nbpublish.com/library_read_article.php?id=52558
Abstract:
This article analyzes the problems associated with provision of rights on participation in the social and cultural life, related to the senior citizens, who reside in retirement homes. The author examines positions of the European Social Charter (revised), and demonstrates its implementation in the area of access to the social and cultural life inside the retirement homes by the legislation of Finland in the sphere of protection of senior citizens rights. A special attention is given to the analysis of the legislative and institutional measures accepted by Finland, for the purpose of carrying out of corresponding obligations within the European Social Charter (revised). The author comes to the conclusion that the legislative norms of the Europeans Social Charter (revised) on the need for participation of the senior citizens in the sociocultural life do not affect the individuals residing in the retirement homes. Nevertheless, the conducted research demonstrates that Finland take the necessary measures towards execution of corresponding positions of the Charter, as well as the recommendations of the United Nations on involvement of the senior citizens into the sociocultural life of the society.
Keywords:
retirement homes, senior citizens, sociocultural rights, European Social Charter, sociocultural events, legislation of Finland, senior citizens rights, Nordic countries, Finland, aging population
Anthropology of law
Reference:
Trubitsyn D.A.
Criminological characterization of female criminality among the indigenous ethnic groups of the Far North (on the example of the Yamalo-Nenets Autonomous Okrug)
// Law and Politics.
2015. ¹ 12.
P. 1736-1741.
URL: https://en.nbpublish.com/library_read_article.php?id=52559
Abstract:
The subject of this research is the criminological aspects of the female criminality among the indigenous people of the Far North. The object of this research is the volume, level, and structure of this type of criminality within the overall volume of criminality in the Yamalo-Nenets Autonomous Okrug. A special attention is giving to the determinants of female criminality among the indigenous people of the Far North. As one of the general conclusions, the author states that solution to the question of prevention of female criminality among the indigenous people of the Far North is possible through increasing the level of education, lowering the rate of unemployment, overcoming social pessimism, and orientation of women towards setting positive priorities and goals for the future. The main conclusions of the conducted research consist in the highlighting of the criminological peculiarities of the female criminality among the indigenous people of the Far North: correlation between the female criminal activity and level of education and unemployment; in contrast to the nationwide female criminality, within the structure of female criminality among indigenous women of the Far North we can observe prevalence of crimes with elements of physical violence, usually involving family members or friends.
Keywords:
alcoholization, employment, education level, tundra, crime determinants, structure of crime, crime rate, female crime, family and household relations, identity of female criminal
Practical law manual
Reference:
Kozina E.A.
On the question of cause of the legal issues associated with inheriting shares of a limited liability corporation (OOO in Russia)
// Law and Politics.
2015. ¹ 12.
P. 1742-1749.
URL: https://en.nbpublish.com/library_read_article.php?id=52560
Abstract:
The subject of this research is the court practice in regulating the transfer of shares of a limited liability corporation in case of inheritance. The author gives a thorough examination to the problems of inheritance of a portion of the shares in order to identify the cause that he sees not only in the fact that these legal relations are at the borderline of regulation of two (corporate and inheritance) legal branches, but also in the legal nature of shares in a limited liability corporation. Based on a detailed analysis of the normative base, court decisions, and theoretical research, the author questions the validity of the formed understanding of the essence of this object of civil legal relations, which does not take into account its complex nature. Based on the presumption of invisibility of rights that form the portion in the authorizes capital, the author makes a conclusion that the civil legal regime of this object should not allow transferring of portion of the rights to the inheritor or other third parties. The author also proposes to exclude the norms from the legislation that allow inheritance of a portion of the stake, since they deform the complex nature of the share and create prerequisites for acquisition of property right by the inheritor separate from corporate rights that the heir may not have due to presence of various conditions.
Keywords:
inheritance, society, stake, authorized capital, participant, inheritor, common property, heirship, corporate rights, complex of rights
Legal and political thought
Reference:
Fal'chenko M.G.
The ideas of Christian socialism in Russia in the XIX-XXI centuries. Legal Aspect
// Law and Politics.
2015. ¹ 12.
P. 1750-1758.
URL: https://en.nbpublish.com/library_read_article.php?id=52561
Abstract:
This article presents the analysis of the ideas of Christian socialism in Russia, spanning over 125 years, beginning with the positions in this phenomenon in the works of Dostoevsky, up until the modern doctrinal formulations by the Russian Christian philosophers. The subject of this research is the philosophical concepts of Christian Socialist orientation in Russia. The object is the evolutionary process of the idea of Christian socialism throughout the last 125 years. The author comprehensively examines such aspects of the work as interconfessional correlations within the framework of Christianity in Russia on the questions of understanding of Christian socialism. A special attention is given to the evolution of the Christian socialist ideology in the XXI century. The author uses systemic scientific retrospective analysis with consideration of the fundamental principles formulated in Holy Scripture, as well as socialist concepts. The author’s special contribution into this work is the examination of interconfessional cooperation within the development of a unified opinion towards understanding the concept of Christian socialism in Russia. The scientific novelty consists in the establishment of a new image of the Christian socialism in Russian through the prism of its evolution throughout the period of 125 years.
Keywords:
Pope Leo XIII, Protestantism, Catholicism, Berdyaev, Dostoevsky, Socialism, Christianity, Pope Francis, Florensky, Solovyov
Legal and political thought
Reference:
Puzhaev V.V., Romanovskaya V.B.
Emmanuel Levy and Critical Legal Studies: historical parallels in the political and legal thought of the XX century
// Law and Politics.
2015. ¹ 12.
P. 1759-1764.
URL: https://en.nbpublish.com/library_read_article.php?id=52562
Abstract:
This article is the first within the Russian legal science to research the question on the similarities of the sociological and psychological theory of the French lawyer Emmanuel Lévy and the social and legal ideas proclaimed within the framework of the Critical Legal Studies movement. The authors thoroughly examine the general peculiarities of legal understanding by Emmanuel Lévy and the supporters of the critical legal studiess of the “first wave” (Dunkan Kennedy, Roberto Unger, and others); also the ideological and theoretical foundations (philosophical, political, and legal) of their scientific views are being determined. The authors come to the conclusion that since the beginning of the XX century, prior to the emergence within the British-American law of the school of Critical Legal Studies, the similar in its essence ideas were expressed by the lawyer and sociologist Emmanuel Lévy. These ideas include: criticism of the liberal legal tradition from the left political positions; idea on the continuity of law and politics in form of the corresponding practices; examination of the legal argument itself as a certain form of manifestation of political activity; criticism of the neutral legal principles and strict anti-formalism; as well as the perception of law as the combination of beliefs (ideologies), etc.
Keywords:
legal formation, law and politics, critical legal studies, Emmanuel Lévy, legal socialism, sociological school of law, faith and law, policy of law, law and ideology, legal realism
Legal and political thought
Reference:
Kraevskiy A.A.
Reflection of international law in the Soviet theory of state and law of the late 1930's-1980's
// Law and Politics.
2015. ¹ 12.
P. 1765-1772.
URL: https://en.nbpublish.com/library_read_article.php?id=52563
Abstract:
The paper presents analysis of legal-theoretical reflection of the issues of international law in Soviet legal science of 1930-1980. The conference on the issues of the science of Soviet state and law of 1938 under the guidance of A.Y. Vyshinsky opened a new period of the development of Soviet jurisprudence. Legal science became more practically oriented, abandoned legal-economical conceptions of Y. B. Pashukanis and several more authors and combined Marxism with classical legal etatism. General theoretical innovations affected the problems of the theory of international law. Methodological basis of paper consists of general and special scientific methods, especially descriptional and comparative methods, methods of analysis and synthesis. Positivistic approach of Soviet jurisprudence appeared in the critic of the project of Declaration of Human Rights, influenced by the natural law philosophy. Soviet reception of the G. Jellinek’s conception of state sovereignty was connected with international political situation of 1930’s, when USSR had to shift from the idea of world revolution to the conception of peaceful coexistence. The role of international law in later Soviet legal-theoretical investigations was less important, except L. S. Yavich’s conception of the essence of law.
Keywords:
sovereignty, L. S. Yavich, A. Y. Vyshinsky, legal positivism, Soviet theory of law, general theory of law, international law, system of law, S. S. Alekseev, human rights
Jurisprudence
Reference:
Shishkin V.V.
New methodological approaches towards the constitutional legal researches
// Law and Politics.
2015. ¹ 12.
P. 1773-1781.
URL: https://en.nbpublish.com/library_read_article.php?id=52564
Abstract:
This article examines the new approaches towards researches in the sphere of constitutional law, including need to consider development of the international principles of legal regulation. The modern jurisprudence cannot be limited by the formal-juridical approach towards the researches, because such position does not allow taking into account the effect of sociocultural relations upon the development of law. Normativism within jurisprudence devalues the importance of the legal norm as a result of social development, and demarcates the influence of society upon the establishment of law from the activity of government on creation generally required precepts aimed at social management and independent from the society itself. The use of the concept of natural law becomes ever more relevant. In the foundation of the new approach towards the constitutional legal researches lies the integration of results of researches on sociology and philosophy of law. The new approach reviews the constitutional law not only as the foundation of national legal system, as well as the base for formation of the new social system. A peculiarity of the constitutional law that distinguishes it from other national branches is indeed the fact that is establishes the foundations for the constructs of all socially significant elements comprising the social system.
Keywords:
Legal positivism, Unified social system, Highest value, Consolidated categories, Axiological approach, Integrative jurisprudence, Constitutional law, Sociocultural values, Eidetic legal values, Value in law
Jurisprudence
Reference:
Uzdimaeva N.I.
Pro se legal representation: modern approaches
// Law and Politics.
2015. ¹ 12.
P. 1782-1791.
URL: https://en.nbpublish.com/library_read_article.php?id=52565
Abstract:
This article conducts the complex analysis of pro se legal representation and various aspects of its manifestation. Characterizing pro se legal representation as an additional resource, which can be used by an individual in the event that the government is unable to fully represent the human rights and interests of the defendant, the author notes that by using pro se legal representation, the individual “themselves” defends against the infringement upon their interests or prevents a realistic threat of such infringement, as well as determines the reaction needed to counteract unlawful behavior of the other side and implement measures of legal defense. The author believes that pro se representation as a subjective right is the natural, fundamental personal right that is guaranteed and protected by the state, but is not directly controlled by it. The scientific novelty consists in the comprehensive analysis of pro se legal representation as a separate theoretical-legal category, as well as various aspects of its instances; typical characteristics and definition of the structural organization of right to self-representation; research of parameters of attribution of pro se representation to provocative; study of the means and methods of defense, which in the end form a comprehensive institution of legal defense; formulation of proposals for legal regulation of pro se representation in Russia.
Keywords:
legal means, non-jurisdictional protection, protection of rights, measures of legal defense, right to self-representation, pro se representation, legal defense, active pro se defense, comprehensive institution of pro se defense, pro se representation law
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