Russian Journal of Legal Studies最新文献

{"title":"Legitimacy of Law in the Context of Competition of Identities and Multiculturalism","authors":"N. Isaeva, В ИсаеваН","doi":"10.17816/rjls18409","DOIUrl":"https://doi.org/10.17816/rjls18409","url":null,"abstract":"The article analyses the factors and preconditions that complicate the law legitimation processesin the context of global migration and the modern states’ multiculturalism policies based on the statist- paternalistic approach, which gives rise to social parasitism and conf licts, as well as to the identities competition, particularly the one of the religious-ethnical and legal identities. The legal identity differs from the religious one in the fact that the former is oriented to the legal system and society as a whole, and the latter - to a part of the society, which may give rise to a social conf lict and confrontation of different communities and the whole society. In order to overcome this kind of competition, the author substantiates the necessity of methodology and practices based on the recognition of a person’s ability to develop and assimilate the values and senses inherent to the law, to use them for self-understanding, personal fulf illment and achieving his o her legal identity - that is, the legal characteristic which excludes the criminal misbehavior as a factor infringing upon a person’s integrity and self hood, and, at the same time, a factor which provides the legal order stability and legitimacy of the law.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116554278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legitimacy of the Judiciary in the History of the Russian Court (on the examples of Evolutionary and Revolutionary Transformations of the 18th and early 20th centuries)","authors":"N. N. Efremova, Н ЕфремоваН","doi":"10.17816/rjls18397","DOIUrl":"https://doi.org/10.17816/rjls18397","url":null,"abstract":"In the article the author considers the stages of modernization most significant for the national justice: during the reforms of the 18th century, the 19th century, and the October Revolution of 1917. As history shows, revolutions and evolutionary reforms are the two main forms of development of nature and society, including state and legal institutions. Important in these cases is the legitimation, which can provide previously acquired or newly created stability and social utility.The court is an important element in the political and legal systems. As the author demonstrates, the change in the latter invariably entails a change in the former, primarily because he performs law enforcement, human rights and law enforcement functions in the legal model of statehood and, accordingly, law enforcement, law enforcement and law enforcement functions in non-legal, totalitarian, for example, statehood models various historical eras. The development of a court like any other socio-political institution can take place either in an evolutionary or revolutionary way: as a general rule, the former presupposes reforming or improving the old one, while preserving the traditional traits, while the second involves breaking the old one and creating a new one radically different from the former, but at the same time not necessarily progressive.Comparing the two versions of the revolutionary in essence and the results of the transformation of the court in the domestic history, the author concludes: in the first case, the reforms of Peter I corresponded to the task of its modernization and were sufficiently conditioned by the tendencies of not only political, but also economic, social and cultural development of Russia, although and a few ahead of them. In the second example of the post- October revolutionary breakdown of the progressive, in fact, court, the new court did not correspond to the features and qualities of the proper organization of justice, but was conditioned and substantiated by the interests of the new ruling class and the Soviet socialist state, whose task is precisely their expression and protection.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126897596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legitimation of Law by Aesthetic Means","authors":"L. I. Glukhareva, И ГлухареваЛ","doi":"10.17816/rjls18391","DOIUrl":"https://doi.org/10.17816/rjls18391","url":null,"abstract":"The article deals with procedure of law legitimation made by esthetic means, including such field of art as painting. Law legitimation is deemed as justification, substantiation and approval of law. It is argued that esthetic legitimation of law is conceivable as the law being deemed as behavior regulator bears the external form. Esthetic valuations from the point of view of manifestation beauty or moral turpitude is applicable to any objects endued with physical form. Art can legitimate the law due to mechanisms of forming of «approving consciousness», as well as clearance (cathartic) function. It is affirmed in the article that the main mean of esthetic legitimation of law is word picture having some special qualities which are significant in the context of the problem under study. Some characteristics and qualities of word picture are listed in the article; such characteristics and qualities are illustrated by references to pictures and lithography of the best-known pointers. Psychologic process of law legitimation is provided by scheme accenting following steps of word picture inf luence on human unconscious mind, preconsciousness and consciousness: impression - affection of imagination - emotional experience - formation of emotion response. Such mechanism of delivery of artists’ views, ideas, attitudes, senses towards legal reality to viewers thanks to L. N. Tolstoy’s ability is termed «contagion». Some problems of esthetic legitimation of law are further indicated. In conclusion it is resolved that procedure of law legitimation by esthetic means counts mainly on emotion and sense component of human consciousness whilst other forms of legitimation ( for example, legal legitimation) primary activate cognitive and intellectual mechanisms.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125726515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legitimation of Law in Traditional Societies:the Institutional Aspect","authors":"I. Lomakina, Б ЛомакинаИ","doi":"10.17816/rjls18389","DOIUrl":"https://doi.org/10.17816/rjls18389","url":null,"abstract":"The author of the article shows the features of legitimation of right in traditional societies. Binds legitima tionto the institutional process on the whole and by legal communication in particular. The special value acquires asociocultural context that coms forward in unity objective and subjective moments of existence of man (societies).","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133525222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Mechanism of Revealing Social Claims as a Condition for the Legitimacy of Legislation","authors":"M. Smirnova, Г СмирноваМ","doi":"10.17816/rjls18395","DOIUrl":"https://doi.org/10.17816/rjls18395","url":null,"abstract":"The article investigates a mechanism to identify social demands in the law. It is concluded that the creation of a comprehensive mechanism to identify social claims is one of the conditions for the legitimacy of the legislation. The social claims enshrined in the law must be consistent with the historical traditions, culture, socio-economic and political situation, as well as the expectations of the population. An effective mechanism for identifying and further consolidation of social claims in law is a criterion of the ability of the right to act, to be embodied in a specific relationship, helping to overcome the path from design to result.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114551178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legitimacy of Power: the View of French Liberalism in the second half of the XIX century","authors":"S. Bochkarev, В БочкаревС","doi":"10.17816/rjls18407","DOIUrl":"https://doi.org/10.17816/rjls18407","url":null,"abstract":"The problem of the legitimacy of power is of great interest, both in domestic and in French legal science. In France over the past two centuries, there have been five republics, two empires, and various transitional regimes and forms of government. The end of the XVIII - first half of the XIX centuries in France is characterized by the most frequent changes in the state and legal sphere, which caused increased attention of researchers to the legitimacy or legitimacy of power. The contribution of representatives of the French liberal school of the second half of the XIX century is noted in the article in the development of the concept of legitimacy of power. The main approaches to this problem of the most prominent representatives of the French liberal school have been analyzed, whose work was significantly inf luenced by the conceptual formation of the concepts of legitimacy, in particular, and the legitimacy of power in general. It is noted that representatives of French liberalism of the second half of the nineteenth century considered the legitimacy of power in the discourse of the idea of justice, emphasizing the three elements that should be embodied in the state, which in turn should ensure the legitimization of power.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128501230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Information and Analytical Activities of the Russian Prosecutor’s Office: Genesis and Evolution","authors":"E. Khatov","doi":"10.17816/rjls18421","DOIUrl":"https://doi.org/10.17816/rjls18421","url":null,"abstract":"Generalizing the practice of the organization and implementation Russian Prosecutor’s activities since its inception to the present day, the author examines the information and analytical support as a factor in ensuring the unity of the prosecutorial system. It’s accentuated the role of information technology in this field.Proposed changes to the Federal Law «On Prosecutor’s Office of the Russian Federation» which can oblige the prosecutor to carry out information and analytical activities.A study of the genesis of the information-analytical activity and its organization to certain extents possible to look at from a new angle on the problematic issues of data collection, processing, analysis and uses of information by prosecutors.It is stated that the development of the prosecution affects the evolution of information-analytical component of prosecutorial activity.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128921880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Freedom of Assemblies as the Guarantee of Civil Activity","authors":"M. Kuryachaya, М КурячаяМ","doi":"10.17816/rjls18419","DOIUrl":"https://doi.org/10.17816/rjls18419","url":null,"abstract":"Based on the analysis of the current legislation, the article examines the opportunities of citizens associated with the implementation of civil activity as organizers and participants of public events. New forms of mass public activity are considered and proposals on their legal institutionalization are made.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126668009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Formation of Real Legal Regulationin the Practice of Criminal Procedure Law","authors":"V. Shadrin, С ШадринВ","doi":"10.17816/rjls18412","DOIUrl":"https://doi.org/10.17816/rjls18412","url":null,"abstract":"The article explains the recognition of the criminal procedure law as the only source of criminal procedural law, examines the content of legal regulation in criminal cases as part of legal norms, legal relations and individual requirements, demonstrates how the model of criminal proceedings, fixed in the criminal procedure law, turns into a real criminal -process law.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"96 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133720918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Unfounded Accusations against Russia with «High Probability» in the Skripal Case as a Gross Violation of the Supremacy of Law","authors":"V. Jilkin","doi":"10.17816/rjls18417","DOIUrl":"https://doi.org/10.17816/rjls18417","url":null,"abstract":"The British accusing Russia of the use of the binary-type neuro-paralytic agent in «Skripal case» has resulted in publication by the British media of declassified materials and documents about the experiments on people in Porton Down secret laboratory from 1945, about the experiments in the 1960s on dispersal of bacteria in London Tube and in tunnels under Whitehall government buildings, as well as diffusion of military-destruction viruses and bacteria on the UK territory with the population of over one million people. The article analyzes the ethical and legal consequences of the British programme of biological and chemical warfare in the period between 1945 and 1989, on the basis of the declassified archives containing research materials on the biochemical weapons used over humans in Porton Down laboratory. The author refers to the materials of the hearings held at the British Parliament in 2005 and to the documented evidence of the victims of the secret military laboratory, as well as to the materials of experts in the sphere of medical ethics, British military experts and historians. The world faced the impunity on the part of the system of neglect of the international law, the international rules of conduct and the fundamentals of diplomacy. Accusing Russia of poisoning Russian citizens on the territory of the UK is considered as a violation of the principle of supremacy of law, of the right to fair trial, the presumption of innocence, which includes the right to collect evidence, access to primary and relevant evidence in accusation and inadmissibility of using unacceptable evidence.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134351466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}