No 4 (2018)
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EXPERT OPINION
20-29 268
Abstract
The article deals with the relationship between theory and practice in relation to the main types of legal activity. A comparative analysis of the Soviet system of legal education is carried out with the one that takes place in the Russian Federation at the present time. The content of the terms «jurisprudence» and analytical «jurisprudence» is analyzed. The development of legal education in our country is forecasted.
ИСТОРИЯ УЧЕНИЙ О ПРАВЕ И ГОСУДАРСТВЕ
30-36 236
Abstract
The article shows the relevance of the appeal to the early works of Marx. It is proved that already in these works all the methodological positions of the Marxist doctrine of the state and law are laid, and, accordingly, it is impossible to oppose the young Marx to the mature
37-48 494
Abstract
Present review and analysis of terminology used to designate state from antiquity to the 19th century.
49-56 224
Abstract
The article discusses the views of P. I. Novgorodtsev on the revolution in Russia, the Soviet state and the Russian statehood. It is noted that Novgorod was met with hostility of the socialist revolution and misjudged the essence of the Soviet power. At the same time, Novgorodtsev was a true Russian patriot, he expressed many faithful thoughts about the Russian people and the conditions for its sustainable development. Examines the views of Novgorodtseva Western democracy.
57-64 377
Abstract
The article gives an analysis of the problems of methodology in the Russian philosophy of law of the late 19th - early 20th century on the example of the concept of Novgorodtsev's natural law. The interdependence of law and morality is revealed in the ethical-normative concept of law; the connection between Novgorodtsev’s legal doctrine and neo-Kantian philosophy is shown; some aspects of the polemics of the doctrines of formal dogmatic jurisprudence and the theory of natural law in political and legal thought of Russia are presented.
65-73 220
Abstract
The article deals with the philosophy of P. I. Novgorodtsev’s law, his worldview, value and religious guidelines and political views. Novgorodtsev is a conservative liberal who tried to combine the values of monarchical Russia with the ideas of the rule of law. Novgorod - left liberal, as advocated social security for the wider population. On the one hand, his views reflected the idea of democratization of Russia, on the other - the desire to preserve traditional values.
74-82 190
Abstract
The article is devoted to the views of P. I. Novgorodtsev and the representatives of classical Eurasianism, concerning to the main spiritual constants of the Russian legal tradition. On the author's opinion, anti-rationalism, meta-legal interpretation of law, priority of moral principles over formal legal principles, understanding of the idea of a law-based state in conjunction with social problems, refusal to absolutize Western democracy, other ideas are among such constants. Stating that P.I. Novgorodtsev stands on the liberal, and the Eurasians on «soil-based» and etatist positions, the author analysis of the similarity of their ideological constructions. This analysis allows to conclude that the main approaches of the authors correspond to the orientations of Russian legal thought.
РОССИЙСКОЕ ЗАКОНОДАТЕЛЬСТВО: СОВРЕМЕННОЕ СОСТОЯНИЕ И ТЕНДЕНЦИИ РАЗВИТИЯ
83-91 334
Abstract
The article is devoted to the overdue problems of the new codification of the Russian legislation: unjustifiable quantitative growth of the current legislation; The lack of stability of the laws adopted; The need to develop and adopt a number of new codified normative legal acts; The multisubjective laws; The absence of clear and clear headers; An unjustifiably large volume of a number of articles of laws and other technical and legal problems of the current legislation.
92-101 236
Abstract
In the article modern problems of development of the domestic legislation are considered, the basic tendencies and prospects of reforming of operating system of standard legal acts are allocated. The author analyzes the issues of unification, codification, differentiation of legislation, use of legal techniques, legal definitions.
102-110 512
Abstract
In the article are considered some actual problems of development of the system of Russian legislation, including such as the problem of inflation of legal matter in the development of the system of legislation, the problem of updating the system-forming nuclei of branches of legislation, the problem of the improvement of terminology in the studies of branches of legislation, the problem of confusion of categories of law and legislation, branches of law and branches of legislation, The problem of the scope of the concept of «branch of legislation», the problem of the adoption of the federal law «On regulatory legal acts in the Russian Federation», etc. Also in the article it is emphasized that to solve the indicated problems it is necessary to unite the scientific potential of the theory of state and law and branch legal sciences.
111-117 233
Abstract
The author formulates the conclusion that at the present time, the improvement of Russian legislation is dictated by both internal and external factors of legal development, among which the most important is the globalization processes, in particular the processes of legal globalization - a phenomenon that has not been sufficiently studied by science but known to the legal space of the world. Legal transformations, reflecting the trends of world legal development, cover all spheres of Russian society without exception. It was found that the Russian legislator systematically identifies the most important priorities for the update of regulation, among them the actuality of preserving: in the sphere of information technology, in the sphere of national security, in the banking sector, in the financial market and in some other. The thesis is substantiated that deglobalization, as the forced response of states to negative effects of the globalizing world, is quite vivid in the Russian legislation.
118-124 280
Abstract
Thе article is about the problem of discrepancy (and sometimes contradictions) between the requirements established by the legislation and the needs of society and the results of the formation of law.
125-135 428
Abstract
The article is devoted to the problems of the effectiveness of legislation. It notes that the problem of the effectiveness of legislation is due to the quality of Russian legislation and the low legal culture of law enforcement. The author suggests a «Three Step Strategy» aimed at improving the quality of Russian legislation. The first step is the modern institutionalization of the rule-making process. The second step is the official training of lawmakers on the basis of a training course called «Normography is Theory and Technology of Rulemaking». Today, there is an objective need to include in the programs of law schools and faculties studying this course with the goal of training highly qualified specialists in drafting normative legal acts and normative treaties. The third step in improving the effectiveness of Russian legislation is the creation of a modern legal monitoring system based on scientifically verified and empirically tested special methods of legal monitoring in various fields.
136-143 214
Abstract
The paper deals with the peculiarities of applying regulatory impact assessment procedures for professional risk assessment and improving the quality of Russian legislation. The author argues that the internal content of regulatory impact assessment procedures allows the public authority together with experts to analyze the problem and objectives of legal regulation, to form measurable indicators for achieving regulatory objectives, to analyze the costs for fulfilling the requirements of regulatory legal acts. It is proposed to expand the subject area of regulatory impact assessment and expert judgment through in-depth analysis of economic risks.
144-153 224
Abstract
The article contains analysis of public enforcement measures for violations of law in historical context. The author makes the following conclusions: (1) in the law, one can find that severity of the public enforcement declines as the society develops; (2) repressive sanctions that play the key role on some stages give way to less severe ones (capital punishment - imprisonment - fine); (3) the process goes gradually by testing less repressive sanctions as, for a start, an alternative sanctions; (4) in agrarian society, the capital punishment is a primary measure of the public enforcement; (5) in industrial society the imprisonment takes the key role in the public enforcement; (6) the penitentiary system that deals with application of public enforcement to delinquents directly depends on political regime and is a precise indicator of society development in a particular country.
154-158 185
Abstract
The article presents the results of the sociological research, conducted by the author, of the legal culture of lawyers, their assessments of the condition of the current legislation. Representatives of different legal professions, as a rule, give average assessments to the legislation with which they work in their professional activities.
159-164 273
Abstract
The Russian Federation has not adopted a law on normative legal acts, in a number of CIS countries similar laws have been in force for almost two decades, and the legal regulation of these relations is constantly improving. This experience may well be taken into account in domestic studies, including those aimed at scientific support of law-making activities
МЕТОДОЛОГИЯ НАУКИ О ГОСУДАРСТВЕ И ПРАВЕ
165-179 182
Abstract
The article characterizes the formulation and development of methodological problems of legal science at scientific conferences held in 2017. A review of presentations at the 1st methodological seminar of the Department of theory of state and law Kutafin Moscow State Law University (MSAL) is presented.
180-187 207
Abstract
The dialectical method of cognition of legal fictions is studied in the article. We have considered the levels of legal science methodology. There are contradictions which make it necessary to apply fictions in law revealed.
TRIBUNE FOR YOUNG SCIENTIST
188-193 538
Abstract
A stract. Different approaches to understanding the effectiveness of law and legal norms have been worked out in the legal science. The position, according to which the effectiveness of legal norms represents a correlation between the actual result of their action and those goals for which these norms were adopted, is more accurate. The effectiveness of a normative legal act determines its quality. Taking into account the criteria of quality of normative legal act, researchers can identify the following means of increasing the efficiency of normative legal acts, which are simultaneously means of improving their quality: examination of draft normative legal acts, public discussion of draft normative legal acts on the official site regulation.gov.ru, regulatory impact assessment, enforcement monitoring.
194-201 450
Abstract
Law-making activity is one of the legal forms of realization of the social function of the state. For the law-making of the social state, the principles of justice and science are important. The principle of scientific lawmaking involves the development of conceptual provisions that specify the chosen model of the social state, and their consistent implementation in the legislation. It is necessary to develop legal documents of a strategic nature (doctrines, concepts, strategies) and social standards - norms on the basis of which the levels of basic state social guarantees are determined, for the law-making activity of the social state.
ПАМЯТНИКИ ПРАВА
ЮРИДИЧЕСКОЕ НАСЛЕДИЕ
ИЗ ПЕРИОДИКИ ПРОШЛОГО
ЮРИДИЧЕСКИЕ СОБЫТИЯ В ДАТАХ
ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)
ISSN 2782-6163 (Online)