№4 (34) 2013

ISSN 2500-0217 / Включен в Перечень ВАК

 

№4 (34) 2013

№4 (34) 2013
В номере

  • Rule of law and the way of its formation
  • transparency of justice
  • The concept of the future state
  • judicial law-making

Тема номера

Legal state in the system of social

Editor's Note

Legal state in the vocabulary of social science Sciences

ARTICLE

 
in AN, LE Kotkovsky The concept of the rule of law: problems and contradictions, trends and solutions

AA Tarasov Transparency of justice - an important feature of the rule of law

Gabitov AD Dualism of law and the interaction of private and publicly launched

Beams OA, Kabiri AR Development of the theory of state and law at the present stage: Problems and Prospects

Nasybullin FS The invisible hand of the market (smitivizm) and Keynesianism is not a system, and anti-system, and the person inside out - the essence of economic policy

Kasimov TS Vision for the future of the state of modern Russian nationalists ... ..

Epifanov AE Abramov PV From the experience of building a social state in foreign countries

Safina SB Federal constitutional laws and constitutional laws of the republics within the Russian Federation: general and special

Minniakhmetov RA On the influence of the ancient Iranian ancient Arabic and Islamic law on legal doctrine

Galiev FH About syncretism legal culture

Bulychev EN On the accuracy of fixing the legal facts in time (for example, registration of the birth of the person)

Daukaev IM, Zhuravlenko NI New in restricting the rights of citizens to work and its interpretation

Bosova EN Prospects for the systematization of the electoral legislation of the Russian Federation

Enikeev OA Individual spaces of civil regulation of plagiarism in the Russian Federation

Garmonnikov SN The main conceptual differences in the directions of the customs services of the Russian Federation and the Republic of Kazakhstan

INTERNATIONAL RUBRIC

"Bangladesh: from Islamic law to the concept of the rule of law"

SCIENTIFIC REPORTS

Gataullina GI Providing access to information about the activities of the courts as a way to protect against abuse of civil proceedings

Zelencov AA, EV Kolomiychenko Measures against the corruption crimes

Karimov RR, Karimova GY Legal provision of protection in the European Union

Ivlev TV State Administration of non-governmental sector in the Russian Federation

Latypova NS Analysis of the causes of the Civil War in the United States 1861-1865g.g

Vinnichenko EO Improving the system of prevention of juvenile delinquency

Maganova MV On the question of the significance of judicial law-making in the development of the rule of law

Zainullina ER The social function of the state and its execution

 
Burdov SN SUMMARY features and confidential information

Ibatullina NS The main text units of the British legal discourse

Silanteva IR Zaochnosti in principle positive legal procedures

Ahtjamova KM Security officials

Goloborodkina EV Legal nature of voidable transactions, the new trends of the civil legislation of the Russian Federation

ANNIVERSARY

ABOUT THE AUTHORS

By the author

CONTENTS

COLUMN OF THE EDITOR-IN-CHIEF

The rule-of-law state in the system of social sciences

ARTICLES

Sokolov AN, Kotkovsky LE. The definition of the rule-of-law state: problems, discrepancies, trends and ways to resolve them

Tarasov A.A. Transparency of justice - essential feature of the rule-of-law state ............ .....

 
Pouchkov O.A., Kabirov A.R. The theory of state and law current development: problems and prospects

Nasyboullin F.Sh. Invisible hand of the market (smithivism) and Keynesian theory not a system and anti-system, but a face inside out - the essence of the economic policy

Kasimov T.S. Contemporary Russian nationalist conceptions if the future state

Yepifanov A.Ye., Abramov P.V. From the experience of social welfare state formation in the foreign countries

Safina S.B. Federal constitutional laws and constitutional laws of republics within the Russian Federation: common and specific

 
the issue of the influence of the ancient Iranian and old Arabic law on the Islamic legal doctrine

Galiev F.Kh. On syncretism of legal culture

Boulychev Ye. N. On the accuracy of legal facts registration in time (on the example of person's time of birth registration)

Daukaev I.M., Zhouravlenko N.I. The novelty in the restriction of citizen's right to labour and its interpretation

Bosova Ye. N. Prospects of electoral legislation of the Russian federation systematisation ....

Yenikeyev O.A. Separate gaps of civil regulation of plagiarism in the Russian Federation ... ..

Garmonnikov S.N. Main conceptual Differences in the development of customs services of the Russian Federation and the Republic of Kazakhstan

INTERNATIONAL COLUMN

Bangladesh: from the Muslim law to the rule-of-law state conception

SCIENTIFIC REPORTS ...

Gataullina G.I. Provision of access to the information on the courts' activities as one of the means of protection from civil procedure abuse

Zelentsov A.A., Kolomiychenko Ye. V. Measures for corruption crimes counteraction

Karimov R.R., Karimova G. Yu. Legal groundwork of nature protection within the European Union ...

Ivleva T.V. State regulation of non-public area in the RF ...

Latypova N.S. Analysis of causes of the US Civil War of 1861-1865 ...

Vinnichenko Ye. O. Improvement of juvenile delinquency prevention system

Maganova M.V. To the question of significance of judicial lawmaking in the rule-of-law state formation

Zaynoullina E.R. Social Function of the state and its execution

Vereshchagina D.V. Land plot as an object of confiscation process

Bourdov S.N. The essence and distinctive features of confidential information

Ibatoullina N.S. The main textual units of the British legal discourse

Silantyeva I.R. The principle of correspondence in the positive legal procedures

Akhtyamova K.M. Ensuring security for the officers participating in criminal procedure: the theoretical and legal aspect

Goloborodkina Ye. V. Legal nature of voidable transactions. New trends in the civil legislation of the Russian Federation

JUBILEE

INFORMATION ABOUT THE AUTHORS

TO THE AUTHORS

A.NSokolov., L.EKotkovsky
THE DEFINITION OF THE RULE-OF-LAW STATE: PROBLEMS, DESCREPANIES, TRENDS AND WAYS TO RESOLVE THEM
The paper analyzes the issues related to the problems and discrepancies in the domestic jurisprudence on the concept of the rule-of-law state. Recommendations to overcome these negative phenomena are given.
Key words: rule-of-law state, law, rule of law, invilobality of rights and freedoms of man and citizen, civil society, democratic regime, legal system, freedom, equality, justice, typological essence.
A.A. Tarasov
TRANSPARENCY OF JUSTICE – ESSENTIAL FEATURE OF
THE RULE-OF-LAW STATE
The article formulates the definition of the notion of “transparency of justice” with regard to the criminal procedure, it is proved that openness, fundamental subjection to the public control are the necessary features of court and law-enforcement activities within the rule-of-law state. In relation to the present-day Russian justice it is stressed that its transparency means availability to the public control of not just the court procedure, but the pre-trial procedure of criminal cases also.
Key words: transparency, justice, publicity, open court hearing, constitutional rights and freedoms, rule-of-law state, pre-trial procedure, criminal procedure.
R.Kh. Gabitov
DUALISM OF LAW AND INTERACTION OF PUBLIC
AND PRIVATE LAW BASES
Thisarticle is dedicated to the separation of the legal sphere on the public and private areas. The authors note that despite of the contradiction these spheres constantly interact. The importance of the study of law in the context of its dualism with taking into account the mutual influence of private and public principles of law is also emphasized.
Key words: private law, public law, dualism of law
O.A. Pouchkov., A.R. Kabirov
THE THEORY OF STATE AND LAW CURRENT DEVELOPMENT: PROBLEMS AND PROSPECTS
This article analyzes the current state of the theory of state and law, its features and problems of development are noted.
Key words: Legal Science, Theory of State and Law, problems of law, the subject of science, anthropology law.
F.Sh. Nasyboullin
INVISIBLE HAND OF THE MARKET (SMITHIVISM) AND KEYNESIAN THEORY NOT A SYSTEM AND ANTI-SYSTEM, BUT A FACE INSIDE OUT – THE ESSENSE OF THE ECONOMIC POLICY
The article deals with the relationship between economics, politics and the state. The thesis that the state and the economy of society, and the economy is the basis of society and the state, and the latter, in turn, having a relative independence and enormously powerful (including legal) authority, simultaneously influences and on the economy, and society, requires the integration of the method of study and approach is taken as the main subject of the study and the starting point. As for the state, it is, by occupying an intermediate position between the economy and society, the organising principle, which possesses many techniques and methods of settlement of public relations, including in the economic sphere. Among the most important of these tools is the policy of the state in a particular area.
Key words: economic policy, rule-of-law state, market, state.
T.S. Kasimov
CONTEMPORARY RUSSIAN NATIONALIST CONCEPTIONS OF THE FUTURE STATE
The models of the future of the Russian State written in the works of modern Russian nationalists are reviewed. Their conceptions of the main elements of the theory of state and law: the form of rule, the form of state structure, political regime, functions and mechanism of state are analysed.
Key words: russian, nationalism, nationalists, the form of the rule, monarchy, unitary state, empire, functions of state, mechanism of state, Orthodox.
A.Ye. Yepifanov., P.V. Abramov
FROM THE EXPERIENCE OF SOCIAL WELFARE STATE FORMATION IN THE FOREIGN COUNTRIES
The article examines the legal regime of the social welfare state, its main characteristic features, taking into account how they are reflected in the legislation of a number of foreign countries. The work analyses the facts of the implementation of these features in practice. The provisions of the law of foreign countries and securing the two principles of the welfare state - a decent life and free development of the individual are analysed. The author investigates the possibility of solving the problem of the traditional approach to the definition of the social welfare state through the specific content of its features.
Key words: social welfare state, legal regime, social policy, legislation of foreign countries, regional legislation, authority, competence, legal framework, the model of the social welfare state and the principles of the welfare state.
S.B. Safina
FEDERAL CONSTITUTIONAL LAWS AND CONSTITUTIONAL LAW OF REPUBLICS WITHIN THE RUSSIAN FEDERATION:
COMMON AND SPECIFIC
In the article federal constitutional laws, constitutional laws of republics within the Russian Federation are researched. Their concepts, features, legal confirmation in a federal legislation and republican legislation are reviewed. Common and specific features of federal constitutional laws and constitutional laws of republics are revealed.
Keywords: federal constitutional laws, constitutional laws of republics within the Russian Federation, constitution, law on constitutional amendments, regular law.
R.A. Minniakhmetov
TO THE ISSUE OF THE INFLUENCE
OF THE ANCIENT IRANIAN AND OLD ARABIC LAW
ON THE ISLAMIC LEGAL DOCTRINE
The article considers the issues of communication between certain norms of the Muslim law with the provisions of the ancient Iranian and old Arabic legal systems. The author examines the fundamental differences between the forms of interaction of these legal systems and describes the reasons for these differences. Also the author focuses reader's attention on the importance of comprehensive studies of the mechanisms of interaction between social regulators in the framework of the legal system of the society.
Keywords: ancient Iranian law, legal law, old Arabic law, customary law, social regulators, the law system of the society, the Shi system, the Sunni system.
F.Kh. Galiev
ON SYNCRETISM OF LEGAL CULTURE
On the one hand, legal culture as one of the constituent elements of general culture of people is directly associated with law. On the other hand, there is a huge impact on legal culture from other social norms functioning in society: morality, religion, ethics, traditions, etc. Their overall effects on behavior and consciousness of legal subjects can be defined as syncretism of legal culture.
Keywords: law, legal consciousness, legal culture, social norms, morality, religion, ethics, traditions, syncretism of legal culture.
Ye.N. Boulychev
ON THE ACCURACY OF LEGAL FACTS REGISATRATION IN TIME(ON THE EXAMPLE OF PERSON’S
TIME OF BIRTH REGISTRATION)
In this article the author proves necessity of more accurate registration of such legal facts as  person's birth, and argues in favor of the necessity of use in the identification documents in the time of the birth of such time units as hours and minutes, it is proposed to record the fact of the birth of universal coordinated time (UTC (formerly GMT).
Key words: legal fact, human being, children’s rights.
I.M. Daukaev., N.I. Zhouravlenko
THE NOVELTY IN THE RESTRICTION OF CITIZENS’ RIGHT TO LABOUR AND ITS INTERPRETATION
The article analyses the FZ №387 dated 23.12.2012 which introduces changes to the Labour code of the RF. The changes are the introduction of employment restriction for citizens suffering (suffered) a conviction. Particularly these changes affect the people whose job is related with children and youngsters.
Key words: changes in the labour legislation, work with children and youngsters, employment restrictions, persons suffering conviction.
Ye.N. Bosova
PROSPECTS OF ELECTORAL LEGISLATION OF THE RUSSIAN FEDERATION SYSTEMATISATION
In the article the author reviews the current state of electoral legislation systematisation in the  Russian Federation. Reasons which have negative effect on conducting codification of elective legislation are singled out and prospects of systematisation of federal and regional levels in the form of a unified electronic legal act are disclosed.
Key words: legislation systematisation, electoral code, electoral legislation.
O.A. Yenikeyev
SEPARATE GAPS OF CIVIL REGULATION OF PLAGIARISM IN THE RUSSIAN FEDERATION
Plagiarism is a universal problem for scientific and educational practice likewise for commercial writing of books. Nevertheless, only civil responsibility may take place in case of noncommercial plagiarism. Only compensation of moral harm as pecuniary recompense for plagiarism is provided by the civil legal procedure. It is offered to legally implement criteria of noncommercial plagiarism. Also recommendations are designed for implementation of students’ civil responsibility for course and graduation papers plagiarism.
Key words: plagiarism, civil responsibility, plagiarism criteria.
S.N. Garmonnikov
MAIN CONCEPTUAL DIFFERENCES IN THE DEVELOPMENT OF CUSTOMS SERVICES OF THE RUSSIAN FEDERATION AND THE REBUBLIC OF KAZAKHSTAN
The article deals with topical issues of customs services of Russian Federation and the Republic of Kazakhstan development under the circumstances of the Customs Union functioning. This is aimed at creating a unified long-term development strategy of the Customs Union member states customs services.
Keywords: Customs Union; customs service; the concept of development; customs regulation; fiscal functions; social development; a unified strategy.
G.I. Gataullina
PROVISION OF ACCESS TO THE INFORMATION ON THE COURTS’ ACTIVITIES AS ONE OF THE MEANS OF PROTECTION FROM CIVIL PROCEDURE ABUSE
In the article there have been regarded and critically analyzed legally provided ways of ensuring access to the information about the regular court activities and their realisation with regard to combating  probable abuse in civil procedure in the recent years. There have also been offered some directions for improvement of the legislation which regulates the considered relationships.
Key words: access to the information on court activities, publicity of trials, prevention of participants’ abuse.
A.A. Zelentsov., Ye.V. Kolomiychenko
MEASURES FOR CORRUPTION
CRIMES COUNTERACTION
In this article the authors consider the questions related to the prevention of corruption and ways to combat it, as well as analyse applied a complex of measures for anti-corruption activities. In this work an attempt to improve a complex of measures on counteraction of corruption is made.
Key words: corruption, corruption-related crimes, criminality, counteraction to corruption.
R.R. Karimov, G.Yu. Karimova
LEGAL GROUNDWORK OF NATURE PROTECTION WITHIN THE EUROPEAN UNION
The article brings to the light the issues of legal basis formation of nature protection within the European Union. The main sources of law on environment protection in the territory of European countries are reviewed.
Key words: ecology, European Union, nature protection, environment.
T.V. Ivleva
STATE REGULATION OF NON-PUBLIC AREA IN THE RF
The situation in the sphere of state regulation of non-public area in the RF is described in the article. Emphasis is laid upon the analysis of amendments made by the country’s leadership to the legislation on the NCO in July 2012, their causes and consequences. Also the analysis of the non-public area activities in Russia and the involvement of the Russian citizens in it is presented. With accordance to the working legislation definitions of “foreign agent” and “political activity of a NCO” are given. Examples of re-registration of rights protection organization to comply with the new regulations are given and an attempt to predict situation development in the future is made.
Key words: state regulation, non-public area, NCO, right protection activity, foreign agent.
N.S. Latypova
ANALYSIS OF CAUSES OF THE US CIVIL WAR OF 1861-1865
The article is devoted to the study of causes of the conflict between the Northern and the southern States of the USA, which led to the Civil war. The paper describes the five major causes of the war, as well as views on the problems of contemporaries of the events, foreign and Russian historians.
Key words: civil War, Revolution, the United States of America, slavery, capitalism, agriculture, secession.
Ye.O. Vinnichenko
IMPROVEMENT OF JUVENILE
DELINQUENCY PREVENTION SYSTEM
The article reviews the problematic of detection and prevention of juvenile delinquency at earlier stages. The contents of each level of the proposed prevention system are revealed, the propositions for its practical implementation are given. The issues of cooperation between educational institutions, students organization and interior affairs bodies are raised.
Keywords. the system of prevention, juvenile delinquency, accounting.
M.V. Maganova
TO THE QUESTION OF SIGNIFICANCE OF JUDICIAL LAWMAKING IN THE RULE-OF-LAW STATE FORMATION.
The article considers the importance of judicial lawmaking in the development of rule-of-law state in the Russian Federation and implementation of its principle of division of powers, and an analysis of the positive and negative aspects of recognition of a court precedent as a source of law is given.
Key words: judicial lawmaking, the judiciary, rule-of-law state, division of powers, court precedent.
E.R. Zaynoullina
SOCIAL FUNCTIONS OF THE STATE AND ITS EXECUTION
The paper describes the implementation of the social function in modern society, a brief excursion into the public spheres of life, as well as ways realizing social function of the state is given. The article touches upon the realisation of the social function of state policy in the field of education, science, culture and health.
Key words: government, social function, society, state support.
D.V. Wereschagina
LAND PLOT AS AN OBJECT OF LAND CONFISCATION PROCESS
The article is devoted to revelation and research of the features of land plot as an object of confiscation. A number of issues which are related to the object of  the confiscation process were reviewed. A number of recommendations which can be applied either in practice or during the improvement of legislation was given.
Key words: an individualisation of land plot, public element in the legal regime of the land plot, the concept of a common destiny of the land and real estate, the concept of an indivisible object, the value of the land as a place of human habitation.
S.N. Bourdov
THE ESSENCE AND DISTINCTIVE FEATURES OF CONFIDENTIAL INFORMATION
The article analyses the main normative legal acts containing the definition of «confidential information», the essence and distinctive features of this concept, as well as the peculiarities of the legal regulation relating to the use of information of a confidential nature are reviewed.
Keywords: information, confidentiality, secrecy.
I.R. Silantyeva
THE PRINCIPLE OF CORRESPONDENCE IN THE POSITIVE LEGAL PROCEDURES
The article deals with correspondence manifestations in positive legal procedures in the implementation of law, examines the legislation in this area. On a separate example problems with the implementation of the procedures in absentia registration of real estate rights and transactions are revealed.
Key words: correspondence procedures, positive procedures, informational and communication technologies, legislation, law realization process.
K.M. Akhtyamova
ENSURING SECURITY FOR THE OFFICERS PARTICIPATING IN CRIMINAL PROCEDURE: THEORETICAL AND LEGAL ASPECT
The article pays special attention to the perspectives of the legislation perfecting in the area of ensuring security for the officers participating in the criminal procedure. It defines the concept of “security”. On the basis of the analysis of various normative acts and opinions of leading scientists, the author offers the practical solution to the existing problems connected with taking security measures in relation to the participants of the criminal procedure.
Keywordssecurity, security measures, ensuring security, officers, participants of  the criminal procedure.
Ye.V. Goloborodkina
LEGAL NATURE VOIDABLE TRANSACTIONS, NEW TRENDS IN THE CIVIL LEGISLATION OF THE RUSSIAN FEDERATION
The article deals with the latest novelties in the modern civil legislation of the Russian Federation in the field of voidable transactions, which had underwent two stages of its reformation. Initial reforms of the civil legislation, in this field, took place in the years when the State Duma had been adopting the first part of the
Civil Code of the Russian Federation. The latest changes were realised by the Federal Law of the Russian Federation №100-FZ on 7th May 2013, which has not come in force yet, but has already aimed at the positive trend in the development of the civil legislation.
Key words: voidable transactions, void transactions, invalidity of transactions, civil legal relation, the Federal Law of the Russian Federation №100-FZ on 7th May 2013.

 

ISSN 2500-0217 / Включен в Перечень ВАК