Annotations №1 / 2011


Kosarev A. I. (Moscow) Ideology of life in juridical science systemacy

Different ideological approaches towards state, law and their institutes perception are disclosed. The notion and detailed characteristics of ideology of life as a basis of systematic perception of society, state and law is given.

Key words: ideology, world outlook, liberalism, Marxism, juridical science

Malinova I. P. (Yekaterinburg) Interpretation activity in law (methodological basics and systematization)

Cognitive (mental) aspects of interpretation activity in law are examined in the article. The idea of methodological self-legitimation of interpretational versions on different stages of judicial proceedings is presented. The author examines philosophical methodological grounds, cognitive techniques of interpretation in law. Definitions and commentaries of basic notions of juridical hermeneutics are given.

Key words: juridical hermeneutics, interpretation, legitimation of interpretational versions, cognitive techniques

Popondopulo V. F. (Saint-Petersburg) Problems of unity and differentiation of the Russian law and legislation

In the article debatable questions on public and private bases in law are considered. Conclusions about necessity of unification of the legislation are made.

Key words: system of law, public law, private law, legislation

Ignatenko G. V. (Yekaterinburg) International law: subject of regulation as a complex construction within framework of system research

In the article from the viewpoint of system research corrections towards traditional characteristics of international law subject are made. They concern broad interpretation of inter-state relations, implementation individuals into international legal personality, and also international legal mechanism in the sphere of inner-state relations. In this aspect the role of independent actions of individuals is mentioned.

Key words: international legal relations structures, status of individual, international law, inner-state relations

Sazonnikova Е. V. (Voronezh) Cognitive model of diversity: the concept, application of the right and relation to the cognitive model of the system

The article is devoted to the cognitive model of diversity in legal science. The author examines the existing theoretical concepts of this model, shows the ratio of the system of the cognitive model, presents the possibility of using on the example of the constitutional right, concludes productive use in legal research developments in the field of diversity and the convergence on the basis of its methodology for the natural and social sciences.

Key words: science, cognitive model, diversity, right, culture

Berg L. N. (Yekaterinburg) Law enforcement activity in systematic research aspect

Research of law enforcement activity in systematic aspect allows to detect relation between different elements of this activity. The system, separate elements, methods and ways of law enforcement activity, characteristics of law enforcement acts are described.

Key words: law enforcement activity, process, law enforcement acts, system

Tolstykh V. L. (Novosibirsk) Formation of the system of international justice and its basic characteristics

In the article author considers the formation of the system of international justice and its main characteristics. Author proves the existence of references between different elements of this system, describes its influence on mechanism of international law regulation, notes some defaults of actual international forums. In conclusion he speaks about vagueness of the future of the system of international justice and formulates questions to be answered.

Key words: international law, international court, international judicial decision, proliferation of international courts, system of international justice

Osintsev D. V. (Yekaterinburg) About some problems of branch subject detection (on example of administrative law)

Different approaches towards law perception and its branches division are evaluated. A conclusion on branch division of law according subject and method criteria through relations and juridical means of influence is drawn. The problem of administrative legal regulation perception as standardization of activity is posted.

Key words: branch of law, administrative law, metaconstructions, management, activity

Belov S. A. (Saint-Petersburg) Systematic legal regulation of electoral system

The author deals with some particular problems of legislative regulation of some elements of electoral system (mainly the form of voting ballot at elections of Legislative Assembly of St.Petersburg in 2007), suggesting their solution from the systematic approach to regulating of electoral system

Key words: electoral system, systematic approach, voting ballot, elections in subjects of the Russian Federation

Gribanov D. V. (Yekaterinburg) Interaction of economics and jurisprudence in investigation of problems of innovation activity

The article is devoted to methodological aspects of interaction of economics and jurisprudence in investigation of problems of innovation activity. The author notes the necessity for a comprehensive investigation of innovation development of society. The article describes the system of branch institutes that govern innovative relations in economics and law. The article reveals the problem of finding of methodologically correct ways of «translation» from the language of economic intercourse in the sphere of innovation into the language of legal provisions.

Key words: jurisprudence, economics, methodology, innovation activity, innovation development.

Rusinov R. K. (Yekaterinburg) Some questions of system approach towards juridical education improvement

Process of lawyers training in our country will be modern and successful if the questions of juridical education will be solved systematically. Some propositions on system approach towards juridical education improvement are made in the article.

Key words: juridical education, system approach, baccalaureate, magistracy, competence forming


Minnikes I. A. (Irkutsk) About precedent regulation

The problem of precedent regulation is discussed in aspect of judicial rulemaking, the arguments of supporters and opponents of this phenomenon in the Russian and foreign science are evaluated. The idea of recognition of precedent as a source of the Russian law is supported.

Key words: legal regulation; precedent; individual legal regulation; judicial rulemaking; sources of law.


Kondrashev A. A. (Krasnoyarsk) Constitutional legal amenability of the legislature deputy (the representative body of the local authority) in the RF: the basics of the classification and the problems of practical realization

In the article the author discloses the types of sanctions subjected to the deputies, gives the classification on the base of different scientists` views. The author suggests the introduction of some law-making novels to improve the regulation process in order to raise amenability of deputy’s actions.

Key words: constitutional legal amenability, sanctions, deprivation of powers


Alekseeva O. G. (Yekaterinburg) Legal status of family members of housing premises title owner

Thorough analysis of the category housing premises renter’s or owner’s family member is given on the basis of legislation and judicial practice. The rights of ex family members of housing premises title owner are described.

Key words: family, family member, owner, renter, housing premises

Kurochkin S. A. (Yekaterinburg) Litigation or alternative forms of dispute resolution: choice as a result of their economic efficiency analysis

The article is a brief review of economic and legal factors which have an action upon parties’ choice between litigation and alternative dispute resolution. Dispute resolution methods comparison methodology is offered for different conditions.

Key words: litigation, alternative dispute resolution, efficiency analysis


Kuznetsov K. B. (Yekaterinburg) Order of gas supply price formation

Detailed overview of the Russian legislation on gas supply price formation is presented. The author gives commentaries on tariffs and methods of counting use.

Key words: natural gas, supply, tariffs, price formation

Kalyatin V. O., Naumov V. B., Nikiforov T. S. (Saint-Petersburg) Experience of Europe, the USA and India in the field of innovations state support

The article focuses on the experience of a number of foreign countries in the field of innovations stimulation. The analysis begins with a review of European Union experience and four European countries (Great Britain, Germany, France, Sweden). Further in the article there are described solutions existing in the US and India. Measures taken in different countries for the purpose of stimulating innovations activity are summarized in a table in the end of the article.

Key words: innovations, stimulation of development, foreign experience


Gavlo V. K., Khorosheva A. Ye. (Barnaul) Judicial situations on murder criminal cases and their solution in the jury trial

Some elements of criminalistics methodology of judicial situations on murder cases in the jury trial from the viewpoint of situational method are described. Typical situations in the course of judicial proceedings and factors affecting them as for defender or prosecutor are analyzed.

Key words: murder, jury trial, judicial situation, defender, prosecutor

Kozubenko Yu. V. (Yekaterinburg) Mechanism of criminal legal regulation: its elemental structure

Elemental structure of criminal legal regulation suggested by professor Alekseev S. S. and used in teaching process is overviewed n the article.

Key words: mechanism of criminal legal regulation, crime, punishment, criminal responsibility and prosecution

Kozinchenko T. N. (Penza) Arson prevention (on the example of Penza oblast)

The author studies two constituents of arson prevention: precaution measures and prevention. The article stresses the urgency of this subject in connection with the growth of this kind of infringement and its injurious to the public character. The author analyses the works of the local mass media and government bodies dedicated to arson precaution and prevention. The author pays special attention to the work with young people. The article offers various measures and types of enactments on prevention of any kind of fire, including arson.

Key words: criminal law, arson, deed, crime, responsibility, punishment, law act, injurious to the public, property, legislation


Drapkin L. Ya., Shuklin A. Ye. (Yekaterinburg) Investigator: professional characteristics and basic methods of activity

Evaluation of investigator’s intellectual and will qualities and their realization in different situations including conflicts is presented. Characteristics of the main methods and ways of counteraction of conflicting person overcoming are disclosed.

Key words: investigator, activity, investigation situation, investigator’s qualities


On measures for further improvement of selection and securing of personnel of state and municipal service: about «extremes and simplifications» in anticorruption legislation

The gaps in federal and regional legislation concerning competitive selection of candidates for civil service and uncoordinated provisions concerning information on incomes of state and municipal servants.

Key words: state and municipal service, corruption counteraction, competitive selection


Gritsaenko P. P. (Yekaterinburg) On the question of categorical and version forms of expert in forensic medicine conclusions

The author examines the possibility of probabilistic conclusions use by a expert in forensic medicine

Key words: forensic medicine expertise, probabilistic, imperative


Drapkin L. Ya. (Yekaterinburg) Pages from investigators diary

This is the seventh part of autobiographical essay of one the prominent criminalist of modern Russia – professor L. Ya. Drapkin.

Key words: criminalist, investigator, criminalistics, versions, prominent


Bazhenova T. M., Zipunnikova N. N. (Yekaterinburg) «The laws must flaw from the historical life of the people…» (about the role of historical legal courses in juridical education)

The role of historical legal courses in juridical institutes of higher education is evaluated. On the basis of historical analysis of juridical education including «historical» disciplines the amendments on historical legal courses teaching improvement are made.

Key words: juridical education, state educational standards, educational plan, history of state and law teaching