No 3 (2017)

The authors of the article give conceptual and essential analysis of social reality and scientific category which is “governmental living of the society”. Being included in the legal life, the state becomes in varying degrees, legal, legitimate, legal, democratic, that is, legally, real. Outside the legal life, it becomes divorced from society a formality. Public life cannot be reduced only to the state and its structures. This is a comprehensive category, reflecting the quality status of the state-organized society, with its national-spiritual nature and specifics of the national-cultural orientation; the phenomenon of the specific historical. Public life can be presented as a functional part of a security mechanism of socio-legal life. In turn, the legal life is designed a certain way to get the state life.

As the factor having the most effective influence on the public life of modern Russia is considered administrative reform. How efficiently organized public administration, as law-abiding and efficient working of its institutions depends on the quality of public life. In other words, law as a tool of regulation has deliberately and consistently aligns with their needs all aspects of the state apparatus, especially the vital and the most active part of the Executive branch. All items, stages and all the important content is held in Russia administrative reform should lead to the strengthening of the legal state, or to further establish attributes of a legal state in the law that may occur as a result of planned administrative reforms.

This article stresses the importance of legal regulation of the pricing process in the market of medical services. Given the fact that the price and payment are essential terms for an agreement for provision of medical services, due to its specific weight in the decision-making process on the contract, further development of regulatory mechanisms is a significant step towards increasing the availability of services for the population and efficiency of the health system as a whole.

The article proves the expediency of studying within master programs for the direction of preparation “Jurisprudence” of the state legal mechanism of ensuring national security of the Russian Federation. Special attention is paid to the research of the structure and content of the training course “Legal bases of national security of the Russian Federation” (level of magistracy).

The argumentative properties of public documentation have been considered. It has been defined as an activity on collection and recording of information about the facts that constitute an event of social significance, as well as its attending circumstances. The significant signs of such documentation are the subject – an independent public organization, as well as the use of special knowledge. It consists of individuals with a high level of moral authority. The special knowledge is used in the process of documentation for processing and systematization of information sources. Thanks to such qualities, the result of documentation can be used to justify decisions in the sphere of state administration, as well as in judicial proceedings. In the article the approach from the perspective of science of communicative pragmatics has been implemented. It has been shown that the materials of such documentation should be oriented towards perception by the public and judicial bodies, and the public. The representees of documentation have been divided into 1) state and judicial bodies; 2) a wide range of the public. It has been shown that representees of the first type can verify the objectivity and credibility of the submitted materials by scientific methods. The representees of the second type perceive the results of documentation and their emotional features. Therefore, the subject of documentation should orient the result of its activity towards a logical way of perception, but should not exclude the emotional criteria that the public representee has. The aspect of the representee is connected with the evaluation category in the materials of documentation. Both materials and representee whom the results are presented are exposed to be assessed. Their argumentativeness is reduced to substantiate the credibility and objectivity of the obtained results. The pragmatic approach ensures the availability of special knowledge used during the documentation. The form of the legal document for universalization of perception of materials by the various representees has been suggested. The forensic experts can provide professional assistance in the preparation of documentation materials.

In the article, the attention is given to the court practice event that unpredictably contradicts the legislation. An example of the court’s decision in relation with a specific case is given, which demonstrates the application of the legal norms in direct contradiction to the clear legal provisions not allowing for a different interpretation or for the legislator’s discretion. This application of law gains a insuperable legal approval when the Judge of the RF Supreme Court makes a decision to refuse to transfer the cassation appeal to the cassational court (and the supervisory appeal – to the arbitration court) with no examining the merits of the cassation appeal arguments and not giving the reasons for the dismissal of the appeal. The typical character of such breaches of the procedural law is proved (Item 5 of Article 401.10 of the RF Criminal procedural Code, Item 5 of Article 383 of the RF Civil Procedural Code, Item 5 of Part 2 of Article 324 of the RF Administrative Procedure Code).

The RF Constitutional Court regularly makes decisions on the compliance of Item 5 of Article 401.10 of the RF Criminal Procedural Code and Item 5 of Article 383 of the RF Civil Procedural Code with the RF Constitution, equating the obligation and the liability, and this complies with the positive juridical liability notion. The never ceasing stream of complaints about the unconstitutionality of these law provisions is an evidence of the problem growing worse. The article justifies the supposition that the solution for this legacy problem is found exceptionally in the concretizing the “old” notions of the legal liability, but not in the new definitions of the legal liability which within their boundaries give a chance to the actual lawlessness to turn to a reasonable phenomenon based on some suitable understanding of law. The variants have been proposed for solving the problem based on the understanding of the juridical liability as the realization of the sanction and the necessity to make a conclusion about the absence of the juridical liability (irresponsibility) when revealing the absence of sanctions and/ or the mechanism of their realization for the failure to follow the obligations and non-observance of prohibitions.

One of the main tendencies of modern Russian criminal policy is expansion of institute of an administrative preyudition. Testifies that fact to it that for the last six years the Special part of the Criminal code of the Russian Federation included qualitatively new structures of crimes which established responsibility for socially dangerous acts in the presence of an administrative preyudition or separate types of crimes which already found reflection in the Russian criminal legislation are altered. Due to it we can observe increase in number of scientific publications in which various aspects of institute of an administrative preyudition are investigated, including the questions connected with expediency of introduction of this institute in the criminal legislation are analyzed. Certain authors consider an administrative preyudition as a sign revival of the institute of not momentariness existing in domestic criminal law till 2003. Other scientists pay considerable attention to interpretation of the concrete criminal precepts of law containing signs of an administrative preyudition as these signs by the legislator in a number of structures of crimes differently are formulated. 

The present article is devoted to research of the questions connected with features of criminal liability for crimes against the personality with signs of an administrative preyudition and not momentariness. The main emphasis is placed on the analysis of substantial elements of four criminal precepts of law of the section VII of the criminal code of Russian Federation. The institute of crimes against the personality kept one structure of crimes (Art. 154 of the criminal code of Russian Federation) in which the sign of not momentariness was formulated till 2003. Here the structure of crimes of “a new formation” in which signs of an administrative preyudition (Art. 151.1 of the criminal code of Russian Federation) found reflection appeared one of the first (in 2011).

The relationship between the citizens and organizations that arise from family, housing, labor, social, and often ends with conflict of interest, which may allow only a special way – by filing a claim in court. Getting into a specific environment, some citizens are lost in the intricacies and subtleties of the procedural basics, which leads to a negative outcome – the loss of business. To help the party to implement fully their procedural rights only by a qualified representative who knows the law, versed in the procedural peculiarities and versed in law enforcement.

The aim of the study was to study the question on necessity of participation of a representative of each civil case, in order to improve the quality, effectiveness and availability of judicial protection in the Russian Federation. Research is carried out through the prism of one of the fundamental principles of civil proceedings – the adversarial principle, the implementation of which depends overall on the sides. The implementation of this principle, impossible to fully, if at hand, which could accessible language to inform to citizen what action (file a petition for examination, to call witnesses, to clarify the claims, etc.) must be made to protect and justify their case.

This paper studied the views of scholars, practitioners, and ordinary citizens on the issue of the introduction of mandatory requirements for representatives of civil cases – legal education. Some believe that only a person with such education may be representative of, others on the contrary believe that it does not guarantee a proper protection in court. Following the analysis of judicial practice, the necessity of participation of a representative in civil cases. The conclusion is made about the mandatory presence of the person acting as a representative in civil cases, legal education.

The article reveals the place of law in the cognition of legal phenomena. The peculiarities of Marxist legal understanding are explored. The main content of the sociological approach to law, within the framework of Marxist legal understanding, one of the outstanding Soviet scientists of the 20s–30s of the XX century, A.G. Goykhbarg, is revealed. The cornerstone of the Marxist theory of the future communist society was the idea of the withering away in it of such institutions of class society as state and law. With the disappearance of the division of society into classes, the need for a state that also disappears will disappear. And since each type of state corresponds to its own right, then with the withering away of the state, law as a historically transitory phenomenon in which society is interested only at a certain stage of development will also wither away. Consequently, Marxism did not leave room for the right in the future communist society.

It is concluded that A. Goikhbarg, the law is understood only as a set of certain rules established by the state for the achievement of certain goals, as a set of certain social functions that are binding for citizens of the Soviet state.