Reference:
Orlov D.V..
Integration process and separate aspects of the impact of neuroscience upon the development and formation of the modern criminal law
// Law and Politics.
2017. № 2.
P. 60-66.
DOI: 10.7256/2454-0706.2017.2.10934 URL: https://en.nbpublish.com/library_read_article.php?id=10934
Abstract:
The subject of this research is the separate results of experiments conducted by the foreign scholars – representatives of neuroscience, which refute the freedom of will of an individual. Within the framework of integration process in law, an attempt is made of the systemic understanding of the impact of separate directions of neuroscience upon the further development of continental criminal law and its key institutions. The author comes to the conclusion that as a result of the use of non-juridical tools by the representative of neuroscience alongside the disregard of fundamental formulizations and traditions of the continental doctrine of criminal law, there are negative attempts of rejecting the free will of an individual, as well as possibility of substitution of the abstract construct of guilt and the element of subjective judgment. However, certain achievement of neuroscience, such as peculiarities of the human neural activity preceding his behavioral acts and gravitation towards popular opinion, fortified by results of the experiments, enrich the general scientific knowledge and have an applied value for the criminal law. The following conclusions are made: 1) the integration process in criminal law, in private cases must at least consider the special scientific (juridical) methods of research; otherwise, by means of using the non-juridical tools, dilutes the very essence of the criminal law, as well as unreasonably diminishes the importance of the developed and tested with time criminal-legal mechanism of its realization; 2) the achievements of neuroscience, dedicated to the new coverage of specificities of the activity of individual and willed factors of a person in basic questions of crime and punishment, must carry a supporting character for the criminal law, rather than substitute its regulatory and defense function.
Keywords:
Economy, Social wellness, Non-juridical tools, Punishment, Crime, Dogma of criminal law, Free will of an individual, Neuroscience, Integration process , Criminal law
Reference:
Karpova E.V..
Formation of the constitutional sense of justice: the impact of objective factors
// Law and Politics.
2016. № 12.
P. 1525-1532.
DOI: 10.7256/2454-0706.2016.12.52746 URL: https://en.nbpublish.com/library_read_article.php?id=52746
Abstract:
The subject of this research is the objective ideal and the real factors affecting the formation of individual, group and mass constitutional sense of justice. The external influence of these factors contributes into the establishment of sustainable legal images, orientations, motivations, values, and notions regarding the foundations of government structure of the Russian Federation, form of ruling, political regime, structure of the higher bodies of state authority, human and citizen’s rights and freedoms. The determination of the aforementioned factors is important for organization of legal upbringing and education, establishment of legal culture of a separate individual and society in spirit of constitutionalism. The scientific novelty is characterized by determination of the complex of objective ideal and real factors, which influence the formation of the constitutional sense of justice. In addition to that, the author defines their assemblage as the constitutional objective legal reality – a specific layer of legal existence. The article also highlights the basic principles of formal inequality and formal equality, which set for the constitutional objective legal activity and constitutional sense of justice certain geometric parameters through the influence of imperative and dispositive methods of legal regulations.
Keywords:
Justice, Legislation, State, Legalism, Supremacy, Equality, Freedom, Constitutionalism, Constitution, Sense of justice
Reference:
Kulikov E.A., Bedenkov V.V..
Negative legal responsibility and ordinary legal consciousness: points of juxtaposition
// Law and Politics.
2016. № 11.
P. 1414-1422.
DOI: 10.7256/2454-0706.2016.11.52732 URL: https://en.nbpublish.com/library_read_article.php?id=52732
Abstract:
The subject of this article is the points of juxtaposition between the legal responsibility (for legal infraction, negative) and ordinary (public) legal consciousness. The object of this research is the social legal phenomenon of “legal responsibility” and ordinary legal consciousness. The aforementioned phenomena are examined from the perspective of their correlation and interaction. The authors also analyze the essence and composition of the legal responsibility; each of these parts is subjected to examination regarding its interconnection with the ordinary legal consciousness or substantiation by the ordinary legal consciousness. In particular, it implies the notion of responsibility; bases of responsibility as the social legal phenomenon; special internal characteristics of responsibility, such as principles, functions, goals, types, and measure. The scientific novelty consists in comparison of the phenomena of the ordinary legal consciousness and legal responsibility. Despite the fact that at first glance the practically do not have any points of intersection, the authors determine several aspects, which demonstrate that the indicated phenomena actively interact and substantiate each other. The distinctness of the ordinary legal consciousness of one or another society defines the character, content and limits of legal responsibility; otherwise, this mechanism of legal regulation will be incompetent. The ordinary legal consciousness contains the social and philosophical grounds of responsibility; the correspondence to the ordinary legal consciousness justifies the efficiency of legal responsibility in application of its functions, as well as achievement of the goals. The measure of responsibility must correlate with the ordinary legal consciousness of society; in other case, the effect of responsibility can turn out to be directly opposite to that planned by the government authority.
Keywords:
Responsibility, Legal infraction, Grounds of responsibility, Measure of responsibility, Legal education, Efficiency of law, Legal nihilism, Legal relation, Ordinary legal consciousness, Legal consciousness
Reference:
Tagaeva S.N..
On the essence of family law liability in the Republic of Tajikistan
// Law and Politics.
2016. № 11.
P. 1406-1413.
DOI: 10.7256/2454-0706.2016.11.52731 URL: https://en.nbpublish.com/library_read_article.php?id=52731
Abstract:
The author substantiates the position on the existence of an independent type of liability – that of family law. This work explores various views on the essence of family law liability. The author determines the distinctive features of family law liability and substantiates its interbranch nature. The author supports the notion of family law liability as protective legal relations, which emerge in cases of violation of the rights of family members within the framework of regulative family legal relations, established by law or an agreement. This work is the first in Tajikistan to present the substantiation of the essence of family legal liability as protective legal relations, emerging as the result of legal agreement or commission of family delict that has a interbranch nature. At the same time, the author believes that the family law liability is a separate type of legal responsibility. Therefore, the author distinguishes the contractual and non-contractual family law liability.
Keywords:
contract, delict, regulative legal relations, family legal relations, object of legal infraction, liability, legal relations, family, protective legal relations, family law liability
Reference:
Kulikov E.A., Biryukov I.I..
“State of justice” and constitutional state: comparative analysis based on the legal doctrine of Eurasianism
// Law and Politics.
2016. № 8.
P. 1068-1074.
DOI: 10.7256/2454-0706.2016.8.52686 URL: https://en.nbpublish.com/library_read_article.php?id=52686
Abstract:
Within the framework of this article the authors examine the phenomena of constitutional state and state of justice as the alternative state legal ideals. Constitutional state is being interpreted as an institution occurred on the background of Romano-Germanic civilization, which is acceptable namely for the legal culture of Western European and North American nations. The characteristic of the state of justice is based on the works legal experts of the Eurasian vector of Russian thought – M. V. Shakhmatova and N. N. Alekseeva. The authors consider the positive and negative aspects of the aforementioned phenomena, as well as their correspondence with the historical circumstances of development of the Russian super-ethnos. A correlation is drawn between the phenomenon of constitutional state and the phenomenon of police state. The authors pose a question on the inapplicability of the ideal of constitutional state towards all nations, as well as claim about its close correlation with the police state. It is substantiate that for Russia more acceptable is the ideal of state of justice based not on the external legal influence of individuals, but on their internal improvement, sense of conscience, and mature level of legal awareness.
Keywords:
Guarantee state, Super-ethnos, Eurasian alternative, Dictatorship of conscience, Supremacy of law, Police state, State ideal, Eurasianism, Constitutional state, State of justice
Reference:
Popov E.A..
Advantages of sociology of law in interdisciplinary research of the legal life of individuals and society
// Law and Politics.
2016. № 6.
P. 774-780.
DOI: 10.7256/2454-0706.2016.6.52650 URL: https://en.nbpublish.com/library_read_article.php?id=52650
Abstract:
The subject of this research is the interdisciplinary connections of sociology and philosophy of law, as well as the anthropology of law. Special attention is given to determination of the specificity of modern sociology of law in study of the legal life of individual and society. The author makes an accent on the theoretical and methodical capabilities of various scientific disciplines that also deal with research of law and legal reality. The advantages of the sociology of law become evident in comparison of sciences and knowledge based on four aspects: object of research, priority of the examination of a relevant issue, problematization of the scientific research field, and determination of the methodological resources. On the example of the correlation of sociology of law and philosophy of law, as well as sociology of law and anthropology of law, the author demonstrates the merits of the sociological knowledge in the study of legal life. The main conclusions of the conducted research are the following positions: 1) sociology of law possesses certain theoretical-methodological and methodical advantages in evaluation of the legal life of an individual and society by comparison, for example, with philosophy of law or legal science; 2) the main value of the sociology of law is its comprehensive orientation in study of various legal phenomena and processes.
Keywords:
social knowledge, legal philosophy, norms, values, sociology, culture, society, methodology, sociology of law, interdisciplinarity
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. № 12.
P. 1736-1741.
DOI: 10.7256/2454-0706.2015.12.52559 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
Reference:
Romanovskaya V.B., Puzhaev V.V..
To the problem of substantiation of the value components within the Russian legal system
// Law and Politics.
2015. № 11.
P. 1601-1607.
DOI: 10.7256/2454-0706.2015.11.52539 URL: https://en.nbpublish.com/library_read_article.php?id=52539
Abstract:
This article presents the theoretical-legal and political-ideological outlooks upon the problem of the value components existing in the current Russian legal system. The authors reveal the interconnection and interrelation of the sphere of positivism of legal values and ideological sphere of the functionality of Russia, analyzed in the context of complex socio-political transformations of the late XX – early XXI centuries. Taking into account the special aspects of the emergence of values in the course of goal-setting human understanding of reality, the authors trace the duality in the development of the legal axiosphere as a component of the legal system, which on one hand manifests in the space-time predeterminateness of a specific value construct, while on the other – in the processes of continuity and universalization of the legal values. The article reveals the theoretical problems of the legal axiology obstructing the holistic and unambiguous cognition of the value elements of the legal system. This work substantiates the presence of the axiological components not only at the stage of the actual establishment of law, but also within the entire mechanism of legal regulation.
Keywords:
legal system, state ideology, religious values, spiritual-moral bases, law comprehension, legal values, legal axiology, continuity, universalization, lawmaking
Reference:
Rusanov V.V..
The inheritance institution in the customary law of the Altai Krai
// Law and Politics.
2015. № 11.
P. 1608-1612.
DOI: 10.7256/2454-0706.2015.11.52540 URL: https://en.nbpublish.com/library_read_article.php?id=52540
Abstract:
This article examines the uniqueness of the customary law of the residents of Altai Krai pertaining to the traditions of inheriting property. The author analyzes participation of the relatives (spouse and children) in inheritance of the property of the father. The research offers some of the peculiarities of the Institution of Zaysanat among Altaians. In addition to that, the research also addresses the land relations between the Seok tribes of the Altai; influence of the sedentism processes upon the process of research; the specificity of property relations, as well as the order of transfer of prospecting and hunting territories. The author compares the common-patrimonial law with the actual law of the Zaysan administration. Based on the character of modern legal knowledge, the author attempted the organic fusion of elements of legal analysis and historical-cultural and anthropological approaches. The author offers unique information based on the collected field material. The data is collected directly from the sources and informants during several expeditions to the summits of the Altai Mountains throughout 2005-2009, which just now has been processed. Each year there are less and less informants remain, and along with them, we are losing a portion of valuable knowledge. Study of the customary law of Russia’s ethnoses is an important step in understanding the former concept of law and preservation of historical heritage.
Keywords:
Institution of Zaysanat, personal property, property, testamentary succession, inheritance, Altaians, customary law, Family law, collective ownership, ancestral property
Reference:
Khlopaeva N.A..
Complex approach in the research of social regulators
// Law and Politics.
2015. № 10.
P. 1443-1448.
DOI: 10.7256/2454-0706.2015.10.52516 URL: https://en.nbpublish.com/library_read_article.php?id=52516
Abstract:
The subject of this research is the social regulators and their role in ensuring a stable development of the socio-political system. The author suggests a complex approach for examining the entirety of the mechanisms of maintaining social order. The general characteristics of the main social regulators such as law, moral, religion, and traditions serve as prerequisites; each of the regulators contains the idea on proper behavior and offers a system of sanctions, thanks to which, in the process of socialization a person develops the very practice of the everyday interaction with the system of norms, and obtains the abilities of self-control and adherence to external prohibitions. Each of the regulators assists in increasing the efficiency of other regulators, complementing the spheres in which they have limitations. Only as a whole do they form both, rational and irrational motivation for socially beneficial, lawful behavior. The article presents some results of the author’s research into the dominating social regulators of youth behavior. The main conclusions are provided based on the results of the polls among youth of 16-24 years of age: the most support is expressed for the moral norms and traditions; vulnerable factors are the duality and uncertainty of the choice in legal and moral spheres, and the main vector of rejection in towards the religion.
Keywords:
Religion, Moral, Law, Social regulators, Social norms, Society, Public order, Traditions, Complex approach, Sociology of law
Reference:
Antonov V.F..
Axiological aspects of lawful behavior
// Law and Politics.
2015. № 10.
P. 1449-1454.
DOI: 10.7256/2454-0706.2015.10.52517 URL: https://en.nbpublish.com/library_read_article.php?id=52517
Abstract:
The presented article is dedicated to the examination of axiological aspects of lawful behavior, as well as to the analysis of scientific approaches formed on that issue. The object of this research is the social relations, which provide the establishment of the mechanisms of lawful behavior in the conditions of free declaration of will. The subject of this work is the axiological aspects of lawful behavior that are manifested in various behavior traits. A special attention is given to the questions of emergence and development of the theoretical ideas on moral principles of the legal liability. The modern approaches towards understanding the nature of modern lawful behavior, as well as the outlook of the renowned scholars exploring this problem, are being analyzed in the course of this work. The scientific novelty of the research consists in determination of factors and prerequisites of lawful behavior, which comply with the system of values and positively affect the parties of the established system of legal relations. In author’s opinion, the lawful behavior is based on the fundamental values, which maintain a necessary level of legal order, moral, and ethic. Despite the multiple approaches towards the understanding of dialectical category of right and wrong, the article presents a proper outlook, which is based on the absolute values and substantiates the existing system of public responsibilities.
Keywords:
legal regulation, public interests, lawful behavior, personality, legislation, moral, ethic, legal regulations, legal obligations, responsibility
Reference:
Karpovich O.G..
Aspects of formation and evolution of the democratic system of government in the United States
// Law and Politics.
2015. № 9.
P. 1308-1313.
DOI: 10.7256/2454-0706.2015.9.52499 URL: https://en.nbpublish.com/library_read_article.php?id=52499
Abstract:
This article examines the history of development of the American statehood, examples of electoral legislation, functionality of the branches of government, as well as other aspects of democratic principles and formation of their own model of government. This work presents the peculiarities of the cultural traditions and legal standards of this North American union. It is noted that namely the advantages of this model of democracy became the cause of a greater global demand for its active export. The American model of democracy has an interesting experience of establishment and development of the institution of democratic rule, as well as modernization of the postulates of pluralism of opinions and electoral law. The United States represents a North Atlantic model of democracy, which is rather different in its nature and specificity from the continental Western European model inherent in majority of the nations of “old” Europe (excluding the United Kingdom). Comparison of the North Atlantic and continental models of democracy allows us to reveal the special aspects of institutional design and functionality of all elements of the American democratic system, including useful experience that can be adopted on the Russian soil.
Keywords:
politics, society, USA, geopolitics, international systems, state, democracy, interests, values, security
Reference:
Kochetkov V.V..
Comparative analysis of the key laws of the Russian Empire of 1906 and the Constitution of the Russian Federation of 1993: on the history of constitutionalization of the Russian government
// Law and Politics.
2015. № 9.
P. 1298-1307.
DOI: 10.7256/2454-0706.2015.9.52498 URL: https://en.nbpublish.com/library_read_article.php?id=52498
Abstract:
This article analyzes the original goals and results of the two attempts of constitutionalization of Russia undertaken in 1906 and 1993. Based on these fundamental laws and legal doctrine of the corresponding period, the author demonstrates that the reception of certain constitutional institutions did not result in implementation of constitutional values and principles into the fabric of the state and public life. In author’s opinion, the cause for this lies in the fact that the architypes of Russian authority – the autocracy of the head of state and distinction between the executive and subordinate administration – do not allow to constitutionalize it, which results in only an ostensible constitutionalism. The scientific novelty of this research is the very statement of the question of architypes of Russian authority on the example of analysis of the constitutional texts from the various periods of Russian history. The author comes to the conclusion that in order for constitutionalization of the Russian authority to become possible, it is necessary (based on the axiological understanding of constitutionalism proposed by the author) to overcome its architypes and sequentially implement constitutional values into the Russian state law.
Keywords:
reception, Constitution of the Russian Federation, Fundamental laws of the Russian Empire, archetype of power, legal consciousness, constitutionalization, human rights, freedom, seperation of powers, constitional values
Reference:
Anichkin E.S..
The extralegal grounds of the uniformity
of the Russian legislation
// Law and Politics.
2015. № 1.
P. 110-115.
DOI: 10.7256/2454-0706.2015.1.52355 URL: https://en.nbpublish.com/library_read_article.php?id=52355
Abstract:
This article is dedicated to the examination of the nature of the uniformity of the Russian legislation ans the
extralegal basis that provide this uniformity. A characterization is given to the two types of extralegal basis of influence
upon the uniformity of the Russian legislation: permanent and temporary. The author highlights specific factors of each
type and reveals their content. The intricacies of this subject consist in its transdisciplinarity: in addition to the actual
juridical doctrine the materials used in this work included political science, ethnology, and geopolitics, which allowed the
author to outline the contours of the future scientific development of the extralegal influence upon the legal system of the
country. Within the Russian law theory the causes and conditions of the uniformity of the legal system as a whole including
the legislative system have not been sufficiently researched. Among the most underdeveloped remained the factors that
lie outside the sphere of the province of law. The author comes to the conclusion that the extralegal bases have a natural
character and are primary with regards to the legal foundation of the uniformity of the Russian legislation.
Keywords:
Legislation, uniformity, factor, legal system, extralegal sphere, federation, geopolitics, ethnos, influence, prerequisites.
Reference:
Hazime, S.M..
Process of institutionalization in the Sunni community
in Lebanon since 1945 to 1990s
// Law and Politics.
2014. № 8.
P. 1249-1259.
DOI: 10.7256/2454-0706.2014.8.52253 URL: https://en.nbpublish.com/library_read_article.php?id=52253
Abstract:
One of specific features of the society in Lebanon is that complicated political and religious situation
is reflected upon its social organization and political life, including functioning of the party system. Parties and
public movements were usually formed within the frameworks of certain religious groups. Often the leadership in
the party organization and community was by the same person, while several parties could be formed based upon
one religious denomination. The scientific literature provides detailed analysis of the institutionalization of the
Shiite political parties (Hezbollah, Amal). The issue of Sunni political association was not sufficiently studied. It
probably has to do with the fact that while the Shiite parties are non-standard, the Sunni parties followed a more
traditional path of development. However, understanding of the political development of the Sunni community is
necessary for evaluating religious problems in Lebanon. The goal of this article is to provide comparative analysis
of formation of development of the three main Sunni parties in Lebanon (Hizb at-Taharror al-Islamy, Al-Jamaa
al-Islamiya, Al-Ahbash). While all of them were formed after the Lebanon became independent, their ways of development
differed. The main methods were theoretical analysis of sources (party documents, programs, official
statements of part members) , inductive analysis, interviewing party representatives by the author. The practical
importance of this study is due to the fact that contradictions among these parties and competition among them allow
one to understand why the Sunni community of Lebanon remained fragmented, and it never became consolidated.
Therefore, the conclusions made as a result of the analysis may be applied in the future studies devoted to the
analysis of confessionalism and internal and inter-confessional contradictions at the level of political institutions.
Keywords:
Sunni community, institutionalization, Lebanon, confessionalism, party lists, traditional Islamic parties, traditional Islamist parties, Salaphite movements, process of state modernization, system of traditional leadership, Lebanese “Zuama”.
Reference:
Litvinova, S.F..
Formation of the legal traditions in the People’s Republic
of China as a result of consecutive legal activity
// Law and Politics.
2014. № 8.
P. 1241-1248.
DOI: 10.7256/2454-0706.2014.8.52252 URL: https://en.nbpublish.com/library_read_article.php?id=52252
Abstract:
Stability of law is one of the main values of the social state. Its formation is impossible, unless legal stereotypes,
traditions and customs are formed. Based upon the experience of the PRC in the sphere of regulation of international
private law relations the author defines the means of formation of legal traditions and specific features of consecutive
legal activities. Chinese legislation was chosen for the analysis since Chinese society is very traditional, which is reflected
in its law. That is why, the experience of China deserves special attention. The study involved general scientific
methods of analysis, synthesis, induction, logic, and special legal methods: formal legal method and interpretation. The
author also used civilization approach towards the object of studies. The interest to the foreign experience is due to
the fact that the issues of formation of legal traditions are not sufficiently studied in the Russian science. It is obvious
that in the period of gaining experience, which may serve as the basis for the legal tradition, the legal activity should
be consecutively aimed at its formation. The legal traditions may be formed via the following means: “ from the legal
practice to the norm of law”, “ from a laconic form of law to a detailed legal practice”. At the same time consecutive
character of legal activity is multi-faceted.
Keywords:
Legal traditions, legal stereotypes, sustainable law, consecutive legal activity, legal experience, formation of legal traditions, legislation of the PRC, traditionalism of the Chinese society, mentality, identity of the society.
Reference:
Popov, E.A..
Society and person facing the state and its constitution
// Law and Politics.
2014. № 3.
P. 350-360.
DOI: 10.7256/2454-0706.2014.3.52167 URL: https://en.nbpublish.com/library_read_article.php?id=52167
Abstract:
The article is devoted to analysis of a constitution as a spiritually consolidating force in a society, as a
social and cultural phenomenon, influencing every person and social world as a whole. The author pays special
attention to the role of modern social studies and social knowledge in revealing culture-centered values of statehood
and constitutionalism. The social-cultural research allows to present the phenomena in question as semantic
values, including them into the system of other value-related and semantic coordinates, such as mentality, culture,
society, historical memory, etc. The use of social legal approach allows to view the phenomena in question at an
interdisciplinary level involving social sciences and jurisprudence. The scientific novelty is due to the fact that the
object of studies is regarded in social and cultural perspectives, an accent is made on the interaction of society,
state and human beings within the system of social and cultural coordinates and codes, when the uniting factor is
the development of cultural values and norms.
Keywords:
society, culture, constitution, constitutionalism, statehood, state, values, will of the people, meta-text, civilization.
Reference:
Kochetkov V.V..
Russian values and the Russian Constitution of 1993
// Law and Politics.
2013. № 13.
P. 1855-1865.
DOI: 10.7256/2454-0706.2013.13.52123 URL: https://en.nbpublish.com/library_read_article.php?id=52123
Abstract:
The article for the first time in the Russian scientific literature analyzes the issue of axiology of the Russian Constitution
and its correspondence with the Russian legal conscience. The author shows that constitutionalism as a type of defined legal
ethics allows to rationalize the fundamental Russian values (freedom and truth) in such a way, that these key values of the legal
conscience of the people become axiological bases for the constitutional ideals of public and private autonomies. Based on the
above-mentioned concept the article provides analysis of the shortcomings of the concepts of the Russian national identity, such
as the “Russian idea” in the past, and of the modern “political” interpretations of the Russian Constitution of 1993. The author
disagrees with those considering the that the ideals of the Constitution contradict the national conscience and that it should
be amended. It is quite on the opposite, the contradictory legal practice in the sphere of application of constitutional norms is
related to the ethos of the modern ruling elite and specific features of its legal conscience, them being the main obstacle in the
way of the implementation of the Russian Constitution, rather than the disparities in the protection of the Fundamentals of the
constitutional order as enshrined in Chapters 1 and 2 of the Constitution of the Russian Federation and its further Chapters.
Keywords:
constitutionalism, the Russian Constitution, freedom, justice, free will, truth, legal conscience, ruling elite, democracy, patriotism.
Reference:
Chironova, I.I..
Cognitive structure of the “power” concept in Russian
and English language political discourses
// Law and Politics.
2013. № 12.
P. 1720-1730.
DOI: 10.7256/2454-0706.2013.12.52108 URL: https://en.nbpublish.com/library_read_article.php?id=52108
Abstract:
The study of the “power” concept in Russian and English languages presupposes a linguistic view of a political
discourse via the analysis of interrelations between language an d politics. The language is used for conceptualizing the
reality, therefore, the legal practice plays an important role in establishing the meanings of political terms. The article
uncovers and describes the differential elements of the “power”/”vlast” concept in the two languages. The etymological
analysis of the terms “vlast”, “power”, and “authority” shows how the historical experience of native speakers is reflected
in them, and how it influences the current understanding of this concept. The comparison between the concepts in English
and Russian political discourses shows considerable differences in their contents. Specific features of the concept of “power”
in the Russian political discourse is due to the fact that in the Russian-speaking culture it reflects the position of having
competence and ability to rule and govern, while in the Anglo-Saxon political culture, it mostly refers to the ability to act
and express dominion. The English language concept has another important semantic element, which is the “lawful ability
to act, competence, right”. The semantic field of the Russian language concept lacks the element of “lawfulness”. The
article also analyzes emotional evaluations of the concepts in two political discourses through the comparative analysis
of associations caused by the stimuli words among the English and Russian speakers. Thanks to the linguistic analysis a
new step towards understanding political phenomena is taken, and understanding of the specific features of the “power”
concept in different political cultures has an input into the critical discourse studies.
Keywords:
power, political discourse, Russian language discourse, Anglo-Saxon political culture, concept, cognitive studies, linguistic analysis, hypothesis of linguistic relativism, comparative analysis, discourse studies.
Reference:
Bezgin, V.B..
Legal customs in the daily consciousness and life
of Russian villagers in the second half of XIX
and early XX centuries
// Law and Politics.
2013. № 10.
P. 1373-1380.
DOI: 10.7256/2454-0706.2013.10.52065 URL: https://en.nbpublish.com/library_read_article.php?id=52065
Abstract:
The aim of the article is to study role and place of legal customs in daily life and legal relationships of Russian
villagers during the modernization era. The research includes the analysis of law and common law ratio in treatment
of crime, its motives and nature of punishment for an offense. The work contains the analysis of peasants’ legal customs
specifics in the field of property crimes. The research is made on the basis of interdisciplinary approach using a wide
range of ethnographic sources. The author reveals the content of peasants’ legal views and the features of common law
application in Russian villagers’ daily life. As a result of the conducted research it is determined that legal customs regulated
villagers’ public relations and acted as the basis for rural district courts’ solutions. Their existing in the rural daily
life was the result of both government sanction and peasants’ mentality features.
Keywords:
customary law, Russian peasants, rural everyday life, law, property crimes, volost court, legal conscience, peasant community, legal customs, punishment.
Reference:
Novikov, O. A..
Religious Grounds of Law and the Idea of Human Rights
// Law and Politics.
2013. № 6.
P. 822-824.
DOI: 10.7256/2454-0706.2013.6.51998 URL: https://en.nbpublish.com/library_read_article.php?id=51998
Abstract:
The article is devoted to the grounds of positive law
from the point of view of religious morals as well as the question
about the relation between the idea of human rights in the
basis of the concept of legal reformation of modern Russian
statehood and traditional values of the Russian civilization.
Christian tradition and experience of Eastern Christian statehood,
historical experience of the Byzantium Empire, Russia
and other countries of the Orthodox East show that the existence
of a state institution proves itself only when it serves
a certain ideal. The author further studies the proof of value
of law in a legal tradition of Christianity. Special attention is
paid at the historical experience of the Byzantium state. The
author analyzes the Byzantium conception of the ‘symphony
of powers’. The article studies modern problems of the ‘multicultural
’ society of the Western Europe. Special attention is
focused on the need to combine the idea of human rights and moral values as well as a need to address to historical experience
of the Russian state again.
Keywords:
tradition, value, idea, religion, Orthodoxy, state, law, conception, world view, ideology.
Reference:
Kabanov, P.A..
Concept of the political criminal personality as a political
and criminological category.
// Law and Politics.
2013. № 3.
P. 371-380.
DOI: 10.7256/2454-0706.2013.3.51941 URL: https://en.nbpublish.com/library_read_article.php?id=51941
Abstract:
The article is devoted to the theoretical bases for the formation
of the basic universal political criminological and political
anthropological definition “personality of a political
criminal”, which may be used for the further studies in the
sphere of criminal political anthropology as an interdisciplinary
scientific direction. The author offers his own definition for the personality of political criminal as a political
and criminological category, which is viewed from the
position of the integration approach to the development of
the criminological definitions. The article includes analysis
of the correlation between the term “political criminal” and
other related definitions including scientific, literary and
popular categories, such as “political prisoner’, “political
emigrant”, “political convict”, “political exiled”, “enemy
of the nation”, “enemy of the people”, “enemy of the state”,
“opponent of the Perestroika”, “enemy of the democracy”.
Keywords:
jurisprudence, criminal, personality of a criminal, political criminal, political motivation, enemy of the people, enemy of the democracy, opponent of the Perestroika”, “political prisoner”, “political convict”.
Reference:
Yuskiv,N.V..
Anthropology of state power. Legal practice.
// Law and Politics.
2013. № 2.
P. 266-273.
DOI: 10.7256/2454-0706.2013.2.51928 URL: https://en.nbpublish.com/library_read_article.php?id=51928
Abstract:
The article includes analysis of the phylosophical and legal
points of view on the phenomenon of state power. Much
attention is paid to the anthropological dimension of state
power relations. The author singles out three spherese of
scientific research in this field, such as defining place and
role of a person through the prism of free will of a person
in a conglomerate of state power processes, analysis of anthropological
qualitites of a leader as a permanent element
in the subject-related mechanism of state power relations,
reflection of the process of overcoming the crisis of trust to
state power through the reneval of the human dimension,
which it previously lost. The author formulates her own
opinion on the changes in the power process at the time of
its modern transformation.
Keywords:
jurisprudence, power, government, civil society, legitimacy, onthology, anthropology, leader, politics, totalitarism.
Reference:
Matuzov, N.I..
Legal nihilism as a way of life.
// Law and Politics.
2012. № 12.
P. 2080-2089.
DOI: 10.7256/2454-0706.2012.12.51890 URL: https://en.nbpublish.com/library_read_article.php?id=51890
Abstract:
The article is devoted to the topical issues of legal nihilism,
such as its social nature, its contents, its genesis, its
definition, its sources, forms and expressions, its spread, its
destructive role in the development of the modern Russian
society. It is shown that legal nihilism stalls the reforms and
modernization. The author then analyzes various points of view and approaches to the interpretation of nihilism in
general and legal nihilism in particular. The goal of this
article is to establish the causes and sources of legal nihilism,
as well as means and methods for overcoming it. It may
be useful for the students and scholars of legal schools and
in the sphere of state government.
Keywords:
jurisprudence, law, tradition, nihilism, legal conscience, offence, culture, education, way of life.
Reference:
Gulyaikhin, V.N..
Legal re-socialization of an individual: from the authoritarian
strategy to the humanistic strategy.
// Law and Politics.
2012. № 12.
P. 2090-2097.
DOI: 10.7256/2454-0706.2012.12.51891 URL: https://en.nbpublish.com/library_read_article.php?id=51891
Abstract:
The article is devoted to the analysis of the two key strategies
for the legal re-socialization of a person. While the
authoritarian strategy is aimed to protect the society via the
total institution from the criminal aggression, the humane
strategy aims to provide a person with a repeated matrix
of lawful behavior, which includes rational and positive
changes in a person, taking into account his existential interests,
and his social environment. The author then comes
to a conclusion that in order to guarantee legal progress
of the Russian society there is need for a transfer from the
traditional authoritarian re-socialization strategy to the
humanitarian repeated socialization.
Keywords:
jurisprudence, legal re-socialization, legal conscience, legal culture, legal values, criminal sub-culture, legal progress, lawful behavior, total institution.
Reference:
Gulyaikhin, V.N..
Agents of legal socialization of a person.
// Law and Politics.
2012. № 1.
P. 143-149.
DOI: 10.7256/2454-0706.2012.1.51675 URL: https://en.nbpublish.com/library_read_article.php?id=51675
Abstract:
The article is devoted to the analysis of infl uence of agents of legal socialization onto the evolution of an individual as a
subject of law within the framework of the modern social and cultural situation. The author comes to a conclusion that there
are fi ve key agents: family, in which due to global transformations there is a negative tendency of a lower traditional role
of a father, who embodies order, discipline and law for a child, school, which implements the orders of the state regarding
education of the youth, peers, who are the psycho-social opposition to the parents, school and state legal policy, and the
mass media as an institution of legal enlightenment, social organizations, which have considerable infl uence on the formation
of the system of axes of the legal culture of the citizens.
Keywords:
jurisprudence, legal socialization, legal conscience, legal culture, legal values, agents of socialization, family, school, mass media, social organizations.
Reference:
Gulyaikhin, V.N..
Secondary legal socialization of a person.
// Law and Politics.
2011. № 9.
P. 1583-1590.
DOI: 10.7256/2454-0706.2011.9.51597 URL: https://en.nbpublish.com/library_read_article.php?id=51597
Abstract:
The article is devoted to the secondary legal socialization. It is devoted to the psychosocial problems of evolution of a grown-up person as a subject of law. The author comes to a conclusion that humanism should be the key principle of socialization of a person, which would establish his or her absolute value and priority of human rights to express creative abilities, freedom and happiness.
Keywords:
jurisprudence, legal socialization, secondary socialization, legal conscience, legal culture, values, legal order, psychosocial, crisis, humanism, individual.
Reference:
Petruchak, L.A..
Legal socialization of students of law schools.
// Law and Politics.
2011. № 9.
P. 1591-1597.
DOI: 10.7256/2454-0706.2011.9.51598 URL: https://en.nbpublish.com/library_read_article.php?id=51598
Abstract:
The article is devoted to the analysis of the peculiarities of legal socialization of the law school students, as well as to the value of legal education of future lawyers at the current stage of development of the society. Topicality of this study is supported by the newly adopted Bases of State Policy of the Russian Federation in the sphere of legal literacy and legal conscience of the citizens and by the transfer of professional legal education to the new Federal State Education Standards, which support the formation of the legal personality.
Keywords:
jurisprudence, legal socialization, legal culture, legal conscience, legal education, professional legal education, legal personality, general cultural competences, legal self-education.
Reference:
Popov, E.A..
Image of lawyer in the social and cultural reality.
// Law and Politics.
2011. № 8.
P. 1359-1365.
DOI: 10.7256/2454-0706.2011.8.51573 URL: https://en.nbpublish.com/library_read_article.php?id=51573
Abstract:
The article includes a reconstruction of an image of a lawyer, as formed by social and cultural reality, including norms, values,
traditions, traditional culture. The various “ faces” of this image are brought up by various circumstances. They include
education of the people, their motivation to enter this profession, interests of the state, attitude of the society, development
of the legal science, etc. The goal of this study is to analyze the specifi c features of formation of an image of a lawyer, who
implements his professional activity. This goal may be achieved by mostly hermeneutic and socio-cultural methods, as well
as a wide scope of methods, such as analysis, synthesis, reconstruction, comparison, etc. The results of this study may be
used in practice for education of the future lawyers. The key conclusions include the ideas that the image of a lawyer is
formed by a certain system of values and meanings, including the specifi c conceptualization of the legal science, and also
that it is dependent on social opinion as well as on the role of the state, which involves the lawyers for state service.
Keywords:
jurisprudence, image, lawyer, profession, judge, norm, society, state, reality, culture.
Reference:
Gulyaikhin, V.N..
Early legal socialization of the Russian citizens.
// Law and Politics.
2011. № 5.
DOI: 10.7256/2454-0706.2011.5.51516 URL: https://en.nbpublish.com/library_read_article.php?id=51516
Abstract:
The article is devoted to the problem of early legal socialization of Russian citizens. Using the methodology of psychoanalysis
the author analyzes the basic psychosocial problems of formation of a person as subject of law, establishes the key goals
of the agents of socialization. Much attention is paid to age factors, which considerably infl uence the process of formation
of legal conscience of a child in the Russian social and cultural area.
Keywords:
jurisprudence, legal socialization, legal conscience, legal culture, legal values, legal order, crisis, individual, child, person, Russian citizen.
Reference:
Usmanova, R.M..
Custom within the system of public
regulation of social relations.
// Law and Politics.
2011. № 4.
DOI: 10.7256/2454-0706.2011.4.51475 URL: https://en.nbpublish.com/library_read_article.php?id=51475
Abstract:
The article is devoted to the issues of application of custom
in order to regulate social relations. The author analyzes the
nature of custom as a source of law, and as an independent
social regulator in the legal science. The author thinks that
legally there’s no legal custom, since it’s a legal norm, while
custom is a type of social norm. In the author’s point of view,
as soon as customs are supported by the state, they lose the
quality of non-legal social norms, and they become norms of
law with all the due consequence of formation of law.
Keywords:
jurisprudence, public, regulation, custom, law, relation, power, social, norm, ethnical.
Reference:
Galiev, F.Kh..
Legal culture as a system of legal selforganized
order.
// Law and Politics.
2011. № 4.
DOI: 10.7256/2454-0706.2011.4.51476 URL: https://en.nbpublish.com/library_read_article.php?id=51476
Abstract:
Each historical stage in political and legal development of
the state was accompanied by the formation and functioning
of a certain legal culture in the society, and it serves as a
reference mark or a specifi c trampoline for the further social,
political and spiritual growth of the society.
Keywords:
jurisprudence, culture, self-organization, jural state, norms, principles, Russia, legal regulators, federalism, legal institutions.
Reference:
Mitin, A.N..
Why in Russia no one is afraid of breaking
the law?
// Law and Politics.
2011. № 4.
DOI: 10.7256/2454-0706.2011.4.51477 URL: https://en.nbpublish.com/library_read_article.php?id=51477
Abstract:
The article includes systemic analysis of the reasons for
the derogatory attitude to law in Russia. The author shows
the key social and psychological peculiarities, which cause
mass legal nihilism.
Keywords:
jurisprudence, law, law-enforcement bodies, corruption, citizen, world view, capital, legal conscience, fear as a motive, legal nihilism.
Reference:
Lyubarsky, E.S..
Value oriented ideologies of terrorism.
// Law and Politics.
2011. № 3.
DOI: 10.7256/2454-0706.2011.3.51465 URL: https://en.nbpublish.com/library_read_article.php?id=51465
Abstract:
This article is devoted to the axiological bases for the ideology. The author analyzes the consequences of lack of unity among the values of an individual and of a state, or a social group, to which an individual belongs. He points out that it may lead to various forms of behavior from passive non-acceptance to ruthless fight with the existing regime. The author analyzes the bases for the acceptance or non-acceptance of other value-related systems, which in their extreme form become ethnocentrism, extremism, fanaticism, and fundamentalism, which in turn form the parts of the terrorism
ideology. The author then studies peculiar features of religious terrorism, points out the specific features of classic Islam and Islamic fundamentalism, which in turn is reflected in Wahabiism. Then he analyzes its role and important in activation of international terrorism.
Keywords:
political science, terrorism, ideology, ethnocentrism, extremism, fanaticism, fundamentalism, Islamism, Wahabiism, separatism
Reference:
Levina, S.V..
Educational function of law and legal education: on the issue of correlation of terms.
// Law and Politics.
2011. № 2.
DOI: 10.7256/2454-0706.2011.2.51445 URL: https://en.nbpublish.com/library_read_article.php?id=51445
Abstract:
Based on the characteristics of the educative function of law and
legal education the author of this article analyses the correlation
of these terms, reflecting their place and role in the development
of the modern society. Much attention is paid to the importance
of their implementation in order to successfully form civil society
and jural state.
Keywords:
jurisprudence, law, function, education, legal conscience, morals, society, state, law, person
Reference:
Popov, E.A..
Civil society and post-modernism.
// Law and Politics.
2011. № 2.
DOI: 10.7256/2454-0706.2011.2.51444 URL: https://en.nbpublish.com/library_read_article.php?id=51444
Abstract:
The article is devoted to various aspects of correlation of postmodernism
and law. The influence of postmodernism on the legal
system reflects the vector of world view searches in the society. The
law then become more than an isolated independent phenomenon,
rather it becomes an intellectual system, which reflects most topical
social and cultural searches, as well as values and meanings.
The contradictions of postmodernism influence the civil society,
its development.
Keywords:
jurisprudence, postmodernism, society, legal conscience, values, norms, transformation, ontology, law, state
Reference:
Grafsky, V.G..
Legal communication in the past and in the present.
// Law and Politics.
2011. № 1.
DOI: 10.7256/2454-0706.2011.1.51423 URL: https://en.nbpublish.com/library_read_article.php?id=51423
Abstract:
This article is devoted to the analysis of succession and novelties in the history of legal communication as a complex social and legal phenomenon, practical cognition of which has an important general cultural and survival guarantee in human society.
Keywords:
jurisprudence, law, legality, justice, succession and novelty, legal communication, primeval law, legal culture, civilization, history and modern time
Reference:
Popov E.A..
Contradictions and destructions of law in
the post-modern age.
// Law and Politics.
2010. № 10.
DOI: 10.7256/2454-0706.2010.10.51358 URL: https://en.nbpublish.com/library_read_article.php?id=51358
Abstract:
The article includes analysis of the contradicting processes
of the infl uence of the post-modern age on the system of law
in Russia. Much attention is paid to the social and cultural
ties of law and its norm and institutions with spiritual and
social life of people. The author generalizes the experience of
evaluation of such interaction in various spheres of modern
social and humanitarian knowledge.
Keywords:
jurisprudence, law, post-modern, destruction, norms, epoch, legal cognition, world view, legal relations, spirituality.
Reference:
Avdeev, D.A..
Monarchic legal cognition and Republican form of government in Russia
// Law and Politics.
2010. № 8.
DOI: 10.7256/2454-0706.2010.8.51314 URL: https://en.nbpublish.com/library_read_article.php?id=51314
Abstract:
Unique character of legal cognition and mentality of the Russian people greatly influence the form of government of the Russian state. Legal culture of the modern Russian society is a quality characteristic of existing political, social and economic changes. The author points out, that there’s a correlation between the form of government and legal cognition of the people, and the legal cognition predefines the form of government, which is an object of this article
Keywords:
jurisprudence, legal cognition, mentality, form of government, Russia, democracy, Republic, legal culture, unique character, state power
Reference:
Pyuryuna, R.V..
Regional political culture and mechanism of legitimization of political power in the regions of Russia (on an example of the Republic of Tyva)
// Law and Politics.
2010. № 8.
DOI: 10.7256/2454-0706.2010.8.51315 URL: https://en.nbpublish.com/library_read_article.php?id=51315
Abstract:
Political sphere of life of the region is based on the mindset of a particular society, and much depends on its political culture. The differences among the cultures of the regions and their world views could be regarded as regional differences and images of Russian regions. This, in turn, allows to study regional political culture in more detail, as well as its mechanisms of legimitization of political culture
Keywords:
political science, legitimacy, legitimation, delegitimation, political culture, social and cultural factor, region, Tyva, clans, passivity
Reference:
Gulyaikhin, V.N..
Normal and altered human legal sense
// Law and Politics.
2010. № 5.
DOI: 10.7256/2454-0706.2010.5.51249 URL: https://en.nbpublish.com/library_read_article.php?id=51249
Abstract:
The article is devoted to the key states of legal sense, which are necessary for its social and legal development. Normal legal sense is an open, complete and unified form of sense, which determines active and adequate reactions of the subject to the challenges of legal situation. Social and psychological deformation of in altered stages of legal sense may be negative for an individual, but it may also serve his ego, by providing him with a possibility to realize his existential needs in a socially constructive legal form.
Keywords:
jurisprudence, legal sense, individual, person, norm, value, education, changes, destructive, progress
Reference:
Gulyaikhin, V.N..
Functional meaning of legal supra-consciousness
// Law and Politics.
2010. № 4.
DOI: 10.7256/2454-0706.2010.4.51230 URL: https://en.nbpublish.com/library_read_article.php?id=51230
Abstract:
The article is devoted to the legal supra-consciousness, which performs an important function in the mechanism of legal creativity of a person. Being the highest instance in the legal understanding, the supra-consciousness is a composition of intra-psychic processes outside the boundaries of the rational legal thinking of a subject. Thanks to these processes, which sublimate psychic energy a person gets new information, which allows him to deal with the challenges of social and legal situation, which he is in. The nature of legal supra-conscious is determination of generation of legal ideas.
Keywords:
jurisprudence, legal cognition, individual, supra-consciousness, subconsciousness, creativity, value, intuition, activity, insight
Reference:
Popov, E.A..
Ontology of terrorism
// Law and Politics.
2010. № 4.
DOI: 10.7256/2454-0706.2010.4.51231 URL: https://en.nbpublish.com/library_read_article.php?id=51231
Abstract:
The article is devoted to the specific features of terrorism through its ontology, with much attention paid to the ties among the state, society, culture and individual, violations of which may lead to the acceptability of terrorism, or inability to adequately retaliate it.
Keywords:
jurisprudence, terrorism, ontology, fighting, legal conscience, culture, individual, lack of harmony, inability to accept, alienation
Reference:
Deryugina, T.V..
An interest, as a prerequisite and limit to a subjective civil right.
// Law and Politics.
2009. № 1.
DOI: 10.7256/2454-0706.2009.1.50841 URL: https://en.nbpublish.com/library_read_article.php?id=50841
Abstract:
Since legal behaviour of the individual falls within the limits established by the norms of objective law, there’s a close connection between interest and right. That is why one of the most important issues regarding subjective civil law is the problem of correlation of subjective right and interest.
Keyword: legal behavior, individual, objective law, law, right, interest, correlation
Reference:
Batanova, O.N..
Russian world as a reality and civilization project.
// Law and Politics.
2008. № 12.
P. 3017-3021.
DOI: 10.7256/2454-0706.2008.12.50809 URL: https://en.nbpublish.com/library_read_article.php?id=50809
Abstract:
In the modern world the fight among the states and forming civilizations becomes more and more harsh, and it touches upon not only political and social spheres, but also the values and images of future. Today the Russian world is a global net-like structure, which includes the organizations of foreign compatriots, the Russian studies centers, business and social centers, all of which find its center of attraction in Russia.
Reference:
Khasanov, Z.M..
Law and power in the conflicts related to implementation of the rights of citizens to association.
// Law and Politics.
2008. № 11.
DOI: 10.7256/2454-0706.2008.11.50774 URL: https://en.nbpublish.com/library_read_article.php?id=50774
Abstract:
The events in the large cities of Russia in early 2007 clearly showed the value of the implementation of rights of citizens to peacefully gather, as provided by Art. 31 of the Constitution of the Russian Federation. This problem has more to it than just the political dimension.
Reference:
Yarmonova, E.A..
Encroachment on women’s rights: historical aspect.
// Law and Politics.
2008. № 11.
DOI: 10.7256/2454-0706.2008.11.50775 URL: https://en.nbpublish.com/library_read_article.php?id=50775
Abstract:
Analyzing the history of Russian law one should pay attention to the rights of women, who suffered from crime. The ancient Russian law provides for many cases of responsibility for harm to life, health, virtue, sexual and property-related immunity of women. Generally, at the ancient Russian period the responsibility for the crimes towards women depend on their social status.
Reference:
Khodakovsky, E.A..
Law, ritual and truth within the context of modern integration procedures.
// Law and Politics.
2008. № 9.
DOI: 10.7256/2454-0706.2008.9.50683 URL: https://en.nbpublish.com/library_read_article.php?id=50683
Abstract:
The processes of economical, political and informational mutual dependence in the world clearly show the correlation between the successful development of states and peoples and their ability to provide and establish global and regional initiatives. It is reasonable to imagine that in the near future several macro-regional systems shall fight for leadership, which would also include the ideological sphere. What does it mean for us?
Reference:
Kornev, V.N..
Some aspects of political and legal doctrine of the Slavophilia.
// Law and Politics.
2008. № 9.
DOI: 10.7256/2454-0706.2008.9.50684 URL: https://en.nbpublish.com/library_read_article.php?id=50684
Abstract:
As the author of this article points out, in the works of the ideologists of the Slavophilia we find some answers to the questions on nature of law, state and society, as well as on the issue of nature of state power. The Slavophiles managed to form a unified political and legal ideology, and it’s an object of study in this article. It’s relevance is due to the current efforts of forming ideology in our state.
Reference:
Rubanik, S.A..
The Western political and legal thought and formation of the views of P.I. Pestel and N.M. Muraviev on the state law.
// Law and Politics.
2008. № 6.
DOI: 10.7256/2454-0706.2008.6.50577 URL: https://en.nbpublish.com/library_read_article.php?id=50577
Abstract:
The studies the phenomenon of decemberists in both Russian and foreign literature alike for a long time seemed to ignore the political and social processes in the West at the same time, and the sources, from which the liberal ideas, as well as ideas of secret societies, were brought to Russia… This article b S.A. Rubanik includes a different point of view on this problem…
Reference:
Bakhlaev, A.E..
On the issue of legal status of illegal migrants in the Russian Federation.
// Law and Politics.
2008. № 5.
DOI: 10.7256/2454-0706.2008.5.50540 URL: https://en.nbpublish.com/library_read_article.php?id=50540
Abstract:
Currently in Russia one may find rather large and closed ethnical enclaves with their own subcultures, both legal and semi-legal. Many immigrants tend to live separately from the locals and attempt to keep the way of life that they used to have in a new state. In order to adequately solve the problem of legalization of migrations, one needs to provide for their resettlement in order to provide for their socialization, and to avoid formation of closed ethnical enclaves. There’s also need to prohibit the labor of illegal immigrants, to define their status and the means of changing it.
Reference:
Tsaliev, A.M., Slanov, O.T..
A right to bodily and physical freedom of the human being within the context of theory of the somatic rights
// Law and Politics.
2008. № 2.
DOI: 10.7256/2454-0706.2008.2.50421 URL: https://en.nbpublish.com/library_read_article.php?id=50421
Abstract:
The reference to somatic rights in itself means the physical, mental and spiritual freedoms of a person in the legal sphere in respect to his own body.
Reference:
Napso, M.B..
A right to originality as a legal institution of protection of particular ethnic communities
// Law and Politics.
2008. № 2.
DOI: 10.7256/2454-0706.2008.2.50420 URL: https://en.nbpublish.com/library_read_article.php?id=50420
Abstract:
The right of an individual to originality protects not only originality as such, but an individual. Similarly, the collective right to individuality protects the ethnical community as such, its right to existence.
Reference:
Marchenko, V.Y..
Protection of the person’s dignity within the Constitutions and the Ustavs of the constituents of the Russian Federation.
// Law and Politics.
2008. № 1.
DOI: 10.7256/2454-0706.2008.1.50390 URL: https://en.nbpublish.com/library_read_article.php?id=50390
Abstract:
The question of the place of national/ethnic identity in the globalizing world, which ultimately boils down to whether the historical identity of the country, its cultural, social, ethno-national identity can "participate" in modern modernization processes (stimulate renewal or hinder it), is extremely complex. The author of this article presents his own version of the answer to this question…
Reference:
Kozhevnikova,O.A..
The “defective” law-making of the state bodies as the first step towards the violation of citizens’ rights.
// Law and Politics.
2007. № 12.
P. 107-112.
DOI: 10.7256/2454-0706.2007.12.50356 URL: https://en.nbpublish.com/library_read_article.php?id=50356
Abstract:
Recognition and protection of the basic rights and freedoms of individual and citizen form an obligation of any state. The legal acts passed by the government bodies should be aimed to provide for the successful fulfillment of this obligation. However, the practice shows the opposite, and there’s much confusion…
Reference:
Pashentseva, S.V..
Stages of development of gender equality in Russia.
// Law and Politics.
2007. № 12.
P. 99-106.
DOI: 10.7256/2454-0706.2007.12.50355 URL: https://en.nbpublish.com/library_read_article.php?id=50355
Abstract:
The gender studies are becoming especially topical nowadays. And the principles of gender equality should be based on the experience from the past. This article is devoted to the gender problems in the Russian Federation.
Reference:
Minenkov, S.A..
Legal and philosophical bases of social injustice in the Ancient India: form and contents.
// Law and Politics.
2007. № 8.
P. 101-105.
DOI: 10.7256/2454-0706.2007.8.50254 URL: https://en.nbpublish.com/library_read_article.php?id=50254
Abstract:
The study of any traditional system of law has its own methodological features. Consideration of legal phenomena in ancient Indian society is impossible without careful study of spiritual culture and its values. The analysis of the legal components of spiritual culture, changes in the consequences and ideas generated by it in new historical conditions presented in this article helps to correctly determine the place of each of these components in the context of a concrete historical epoch and thereby avoid the modernization so often observed, that is, the interpretation of philosophical and scientific theories, as well as religious ideas of the distant past in in the spirit and from the standpoint of modern views and doctrines.
Reference:
Kazarin, I..
Return of deposit accounts: chronology and mechanism of changes in the judicial practice. Legal and “political” aspects to claims of depositors to the Savings Bank of the Russian Federation.
// Law and Politics.
2007. № 7.
P. 129-132.
DOI: 10.7256/2454-0706.2007.7.50230 URL: https://en.nbpublish.com/library_read_article.php?id=50230
Abstract:
In 1993 the Savings Bank of the Russian Federation launched and active ad campaign for the savings bank accounts for 10 years period “For the Children” on a very high interest percentage. However, when in 2003 and 2004 people came to banks to receive their money, it turned tout that starting from the 1994 the Bank lowered the interest rate without notifying the people, which ended up with people getting not the 15 119, 40 USD they expected, but a mere 13, 29 USD. When the people went to the courts they won their cases at first, but then there was an abrupt change in practice, engineered by the High Courts of the Russian Federation. This article contains a critical analysis of the judicial practice.
Reference:
Peter Ackroyd..
London. Biography. (Translated from English by Vladimir Babkov and Leonid Motylev). Gallows and gallows-birds.
// Law and Politics.
2005. № 9.
P. 122-129.
DOI: 10.7256/2454-0706.2005.9.49844 URL: https://en.nbpublish.com/library_read_article.php?id=49844
Abstract:
Peter Ackroyd gives us a special chance to take a look at the medieval London, and to try to understand who were its inhabitants. This part of his book is devoted to gallows, gallow-birds and to the famous hangmen of London. Starting from the XIV century, there may be found much written evidence of public punishments, and the hanging became a type of entertainment for the folk of London. However, there is also a belief in London, that if one sees the gallows in his dreams, such a dream means great riches in the future.
Reference:
Stephanchuk, R.A..
More on the issue of euthanasia in the NIS states: pro et contra.
// Law and Politics.
2005. № 7.
P. 95-106.
DOI: 10.7256/2454-0706.2005.7.49806 URL: https://en.nbpublish.com/library_read_article.php?id=49806
Abstract:
The term "euthanasia" comes from two Greek words: "eu" meaning "good" and "thanatos" meaning "death". This article by Ukrainian professor R.A Stephanchuk is devoted to the study of the right to life, which is more commonly viewed in relation to capital punishment, from an alltogether different angle - legalization and application of euthanasia. Author studies various classifications of euthansia, arguments "pro et contra", provides comparative analysis of legislation of the Western states and the NIC states on this issue.
Reference:
Kurakin, A.V., Astakhov, D.V., Salnikov, M.G., Kurakina, A.N..
Classifications of participants of the procedure in administrative delict cases.
// Law and Politics.
2005. № 6.
P. 107-120.
DOI: 10.7256/2454-0706.2005.6.49788 URL: https://en.nbpublish.com/library_read_article.php?id=49788
Abstract:
This article contains analysis of the study of the problem of re-classifying the participants of the procedure in administrative delict cases, which became necessary due to amendments, introduced to legislation. Authors study pre-existing classifications or Russian legal scholars, and offer their own characteristics of a new classification classifying the participants of the procedure in administrative delict cases.
Reference:
Samkharadze, D.G..
Custom as a source of international law.
// Law and Politics.
2005. № 4.
P. 101-111.
DOI: 10.7256/2454-0706.2005.4.49756 URL: https://en.nbpublish.com/library_read_article.php?id=49756
Abstract:
Scope of customary law is one of the most complicated issues in the sphere of international law. Its importance is due to the fact that it binds even non-parties to the conventions, as well as due to the fact that many spheres and institutions of international law contain customary law norms, and that new customary law norms appear in various spheres of international law, where due to various reasons it is impossible to apply regulation by conventions. In D.G. Samkharadze’s article one can find analysis of nature and characteristics of customary law norms, study of positions of leading Russian and foreign legal scholars, and of international practice.
Reference:
V. N. Dodonov, O. S. Kapinus.
Necessary defense (comparative analysis of modern criminal legislations).
// Law and Politics.
2005. № 3.
DOI: 10.7256/2454-0706.2005.3.49738 URL: https://en.nbpublish.com/library_read_article.php?id=49738
Abstract:
Necessary defense has a long and complicated history. Truly it is one of the oldest criminal legal institutions, and it is known already to the ancient Indian law (1200-200 B.C.), which clearly formulated the rule about forgiveness of murder, committed to protect someone’s life. Currently the institution of necessary defense is a very important form of participation of people in law-enforcement activity, both as a subjective right of any person, and as a power of law-enforcement bodies and their officers to use legal violence in their law-enforcement activity. Not surprisingly, necessary defense is recognized in criminal law of virtually all the countries in the world. This article contains analysis of necessary defense in ancient and modern law of various states. The authors review similarities and differences in the title of institution, character of attack, acceptable objects of defense, proportionality and exceeding necessary defense.
Reference:
Chinnova, M.V..
Historical overview of use of legal definition in Russia.
// Law and Politics.
2004. № 12.
P. 109-118.
DOI: 10.7256/2454-0706.2004.12.49689 URL: https://en.nbpublish.com/library_read_article.php?id=49689
Abstract:
Today it is impossible to imagine, say, the Civil Code of the Russian Federation, where one would not find a definition of legal person, or the Criminal Code of the Russian Federation without the definition of theft. And the tendency in the modern Russian legislation is for more and more definitions, since the legislator strives to provide exact meanings for as many legal terms as possible. In this article M.V. Chinnova discusses the history of definitions in the Russian legislation from the times of Peter the Great to our days.
Reference:
Martynov, L., Yanbukhtin, N.R., Stafiychuk, I.D..
Peasants’ land share: law, economics, politics.
// Law and Politics.
2004. № 12.
P. 119-132.
DOI: 10.7256/2454-0706.2004.12.49690 URL: https://en.nbpublish.com/library_read_article.php?id=49690
Abstract:
As the authors of this article note, the fortune rarely smiled at Russian peasants. Perhaps, the quantity of land reforms was one sphere, where the peasants could see a lot of changes. During a period of a bit more than 100 years there were 4 land reforms, all of which aimed in different directions. In the light of current land reform in Russia, which had been going on for more than 15 years, our land reform history becomes more and more topical. Authors of this article allow us to take a look at the “land issue” through the prism of the past, to see both historical and legal aspects of the reforms.
Reference:
Trunov, I.L..
Compensation of harm to the rehabilitated persons within the criminal procedure.
// Law and Politics.
2004. № 8.
P. 93-102.
DOI: 10.7256/2454-0706.2004.8.49600 URL: https://en.nbpublish.com/library_read_article.php?id=49600
Abstract:
Compensation of harm and rehabilitation of the persons, who were unlawfully harmed by criminal investigation and prosecution is the mechanism of control of use of criminal prosecution as means to solve financial, political and economical conflicts. In this article Professor Trunov evaluates the issue of compensation of harm, which is caused to both people and legal persons (companies), comes to the conclusion that it is necessary to amend Russian legislation on this issue to bring it into accordance with the Constitution of the Russian Federation, the Civil code of the Russian Federation and with the international law, keeping in mind current economical situation and its tendencies.
Reference:
V.V. Eremyan.
The state system of ancient Russia as a combination of polis democracy and princely power.
// Law and Politics.
2004. № 2.
P. 85-126.
DOI: 10.7256/2454-0706.2004.2.49483 URL: https://en.nbpublish.com/library_read_article.php?id=49483
Reference:
A.V. Zaritskiy.
Types of protopolitan societies in Modern Ethnography and the sociological theory of State and law by L. Gumplovich: a new look at the "old" theory.
// Law and Politics.
2003. № 12.
P. 90-97.
DOI: 10.7256/2454-0706.2003.12.49451 URL: https://en.nbpublish.com/library_read_article.php?id=49451
Reference:
V.M. Rozin.
The formation of law in the culture of the Middle Ages.
// Law and Politics.
2003. № 9.
P. 126-136.
DOI: 10.7256/2454-0706.2003.9.49403 URL: https://en.nbpublish.com/library_read_article.php?id=49403
Reference:
I.I. Tsar'kov.
Rulemaking: from order-command to law, from law to law.
// Law and Politics.
2003. № 7.
P. 98-130.
DOI: 10.7256/2454-0706.2003.7.49370 URL: https://en.nbpublish.com/library_read_article.php?id=49370
Reference:
R.S. Bayniyazov.
Abstract legal awareness and legal mentality.
// Law and Politics.
2003. № 4.
P. 104-108.
DOI: 10.7256/2454-0706.2003.4.49317 URL: https://en.nbpublish.com/library_read_article.php?id=49317
Reference:
I. Ch. Aksenov, L. G. Svechnikova.
The theory of customary law in ethnological, theoretical-legal and historical-legal studies.
// Law and Politics.
2002. № 12.
P. 105-115.
DOI: 10.7256/2454-0706.2002.12.49249 URL: https://en.nbpublish.com/library_read_article.php?id=49249
Reference:
T. S. Zhumaganbetov.
Separate problems of the legal system of the ancient Turkic khaganates.
// Law and Politics.
2002. № 11.
P. 116-123.
DOI: 10.7256/2454-0706.2002.11.49233 URL: https://en.nbpublish.com/library_read_article.php?id=49233
Reference:
V. V. Eremyan.
Municipal historiography of Ancient Russia (to the formulation of the problem).
// Law and Politics.
2002. № 10.
P. 110-136.
DOI: 10.7256/2454-0706.2002.10.49219 URL: https://en.nbpublish.com/library_read_article.php?id=49219
Reference:
I. I. Tsar'kov.
Humanistic foundations of the legal consciousness of the Renaissance and Modern times.
// Law and Politics.
2002. № 10.
P. 137-151.
DOI: 10.7256/2454-0706.2002.10.49220 URL: https://en.nbpublish.com/library_read_article.php?id=49220
Reference:
V. V. Eremyan.
Municipal historiography of Ancient Russia (on the formulation of the problem, part I).
// Law and Politics.
2002. № 9.
P. 110-124.
DOI: 10.7256/2454-0706.2002.9.49199 URL: https://en.nbpublish.com/library_read_article.php?id=49199
Reference:
P. S. Gurevich.
Law and man as a whole.
// Law and Politics.
2002. № 8.
P. 109-115.
DOI: 10.7256/2454-0706.2002.8.49173 URL: https://en.nbpublish.com/library_read_article.php?id=49173
Reference:
V. V. Eremyan.
Some features of the emergence of the Old Russian statehood: from the ancestral community to the territorial community. Part II.
// Law and Politics.
2002. № 8.
P. 116-127.
DOI: 10.7256/2454-0706.2002.8.49174 URL: https://en.nbpublish.com/library_read_article.php?id=49174
Reference:
V. V. Eremyan.
Some features of the emergence of the Old Russian statehood: from the ancestral community to the territorial community. Part I.
// Law and Politics.
2002. № 7.
P. 91-108.
DOI: 10.7256/2454-0706.2002.7.49146 URL: https://en.nbpublish.com/library_read_article.php?id=49146
Reference:
L. T. Chekhladze.
Surviving forms of communal self-government in Georgia in the nineteenth century .
// Law and Politics.
2002. № 7.
P. 108-118.
DOI: 10.7256/2454-0706.2002.7.49147 URL: https://en.nbpublish.com/library_read_article.php?id=49147
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