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Moscow Juridical Journal

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No 4 (2018)
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THEORY AND HISTORY OF LAW AND STATE; HISTORY OF TEACHINGS ON LAW AND STATE

9-24 84
Abstract
The main goal of the research is to study the present state of law illustrated with an example of labor law. The author sets the following tasks: to show current trends in the formation of new legal standards which are affected by such multidirectional factors as state and society. The main research methods were the methods of analysis, synthesis and comparative studies. The author reveals that at present the significance of the Europeanization of the German legal system is not yet realized by the majority of the society. The German legal tradition follows mainly a static interpretation, while in dealing with the law of the European Union a dynamic interpretation is required. The author makes some practical recommendations for legislators and law enforcers. Based on the experience of Germany and judicial professional activity, the existence of an interconnected “chain” is proved: globalization of economy - globalization of social structures - globalization of law. The author argues that the roots of globalization of law are in a continuous process of evaluating economics and law. The paper concludes that even in the world of tough competition and digital economy the law has an important megatrend - the trend of spirituality, which should be reflected in the leading codified standards.
25-36 116
Abstract
The article attempts to identify the aspects of unity and difference inherent in the nature of law and morality. It also clarifies the categorical apparatus which forms the content of law and morality in the context of comparison and generalization of their similar features. The idea of justice in the interpretation of law and morality is analyzed. The study draws on the Western tradition of the theory and philosophy of law. The article may be of interest not only to the experts in criminal law and procedure, but also to all who are interested in the history of mutual influence of law and morality in the Western philosophical tradition. The author concludes that morality and law cannot exist in isolation in the society; modern legislation should be based on moral principles and do not contradict them. The collisions revealed in moral attitudes can influence legal norms generating conflicts that can give rise to legal offences.
37-48 118
Abstract
The article analyses the conflicts and gaps of space legislation arising in the implementation of space activities. The author shows the importance of improvement and further development of the theory of space law, taking into account the practical results and experience gained in the implementation of modern space programs. Based on the nature and characteristics of legal relations in outer space, specific examples are provided to reveal the problems and contradictions that currently arise in space exploration, with the issues requiring additional research and legal study being highlighted. The necessity of improvement of the modern legislation in the sphere of space law is noted. Investigating the problem, the author used the methods of historical, logical and comparative legal analysis, as well as structural and functional method. The empirical base of this study was the Russian Federal laws, international treaties and agreements of the Russian Federation. The study concluded that there is a need for further improvement of the legislation in the field of space law, since at the present stage space law lags behind practical activities.
49-56 78
Abstract
The purpose of the article is to identify the problem of ignoring the law in the struggle for power after the death of Stalin and during the “thaw period”. The authors analyzed some significant features of party and state management without appeal to the current legislation. The transformations of the party control of industry and agriculture during N.S. Khrushchev’s time in office were studied. The features of legal support of transformations industry and agriculture management by the party in 1962-1963 are revealed. A conclusion was made on the non-legal control over the state and economy exercised by the leaders of the Soviet Union and the Communist party in 1953-1963. The authors suggest their own interpretation of the features of non-legal control of the party in a totalitarian state.
57-69 68
Abstract
The article discusses the current problems of the penitentiary policy of Uzbekistan from a philosophical, political and legal perspectives. The author carried out a comprehensive analysis of the activity of the penitentiary system as a whole, to identify the shortcomings and problems that impede the effective implementation of the tasks entrusted to these institutions. The following problems were identified and analyzed: low effectiveness of measures taken to ensure the employment of convicts; low involvement of economic entities in the use of convict labor, the need for further improvement and work on providing convicts with secondary education, including specialized secondary and vocational education, staffing penitentiary institutions with highly qualified specialists in such areas as criminal pedagogy and psychology, criminology, victimology; certain problems of introduction of ICT in penitentiary institutions to ensure openness and publicity of their activities.

CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW

70-90 157
Abstract
The purpose of the article is to identify the characteristic problems arising at financing the political parties in the CIS countries. On the basis of general scientific methods of cognition, as well as comparative legal, formal legal and other problems of financing of political parties are revealed. These problems are connected with the fact that: the legislation of the CIS member states is characterized by the lack of a single concept of financing of political parties; direct state financing of political parties in the CIS countries is built primarily in the interests of pro-presidential parties; the legislator pays insufficient attention to indirect state financing; private financing of political parties in most CIS countries gives priority to commercial organizations. The obtained results will serve for further development of the Institute of political parties financing and its place in the system of the Russian law, as well as for the improvement of the Russian legislation on parties.
91-113 95
Abstract
The article is devoted to the analysis of the formation of social state in the Russian Federation. The features of fixing and implementing of this group of rights in the constitutional legislation of the Republic of Belarus, Ukraine, the countries of Western democracy - the USA and Germany are considered. The method of materialistic dialectics in modern interpretation is used, formal-legal, comparative-legal, sociological, historical, statistical methods of cognition are applied. The author comes to the conclusion that the interrelation of these typological groups of individual powers with the task of building a social state in modern Russia makes it possible to identify an important aspect of the development of post-Soviet state and to reveal the nature of social and economic rights. Recommendations on improvement of the legislation are offered.
114-125 141
Abstract
The purpose of this article is to analyze the representation of the welfare state issues in academic literature; to provide a definition of the concept of welfare state and its features; to reveal the prospects for state-society relationship. The procedure and methods of the research correlate with the comparison of the concept of a welfare state adjoining to the concept and nature of government. The results of the conducted research are the following: welfare state means not only social security from the state, but also structural reforming of the society; welfare state is being transformed from a theoretical concept into practices of political management through the realization of state social policy. The relevance of the article is due to the fact that the concept of social justice is one of the key concepts of welfare state, however the nature and definition of this concept have not been sufficiently developed either in science, or in practice. The materials of the article can be used in further research and lecturing.
126-133 91
Abstract
Aim: This article examines some new changes of electoral laws and electoral process in the United States of America. The latest legislative changes made in the fall of 2018 are reviewed: registration of voters, introduction of the voter photo ID, inclusion of Russian in the list of official languages of electoral process of the State of New York.

CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW

134-143 83
Abstract
The purpose of this article is to identify legislative problems related to the criminalization of socially dangerous acts in the field of entrepreneurial activity and to propose solutions to them. The peculiarities of the construction of the formulations with administrative prejudice in the norms of the crimes in question were studied, and conclusions were made about the prospects for introducing a criminal offense into Russian legislation. The approaches to the criminalization of crimes in the sphere of entrepreneurial activity committed in complicity are analyzed. Examples are given of the unsuccessful use of the conceptual apparatus in describing these acts. Attention is drawn to the issues of criminal liability in connection with the development of new technologies and the liability of legal entities. In general, it is concluded that the way to overcome the accumulated systemic contradictions and errors in the text of the criminal law is the development and adoption of a new codified legislative act.

CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW

144-152 105
Abstract
Along with continuous improvement of information relations in various spheres of society there are tendencies to the growth of illegal access to computer information. In this regard, there is a need for serious reform on the part of the legislator and the strengthening of state regulation of the information base in order to ensure information security and integrity of national interests. To attain this goal the authors of the article suggest some measures to prevent cybercrimes.
153-160 110
Abstract
Aim: the article analyzes the state of counteraction to the extremist trend and causes of extremist manifestations, suggests measures to increase the effectiveness of counteraction.
161-172 263
Abstract
The article touches upon the problems of modernization of the criminal legislation of Russia arising in connection with the policy of humanization. The author analyzes the criminal policy actively pursued by the state, aimed at humanization and prospects for further development. On the basis of the analysis it can be concluded that the legislator makes changes to the Criminal Сode aimed at improving the legislation in accordance with the emerging needs of the society. However, due to the current pace of social processes, there is a lack of legislative regulation of certain issues. The study identified the main problems arising in the process of law enforcement of legislative novels, as well as the existing opportunities to solve them. In order to achieve the objectives of humanization of criminal law, first of all, it’s necessary to maintain a balance of humane approach to each person without exception. In modern Russia there is an urgent need to create conditions for the productive implementation of the principle of humanism in order to influence the increase in the effectiveness of the internal policy.
173-182 90
Abstract
The purpose of the article is to examine the problem of juvenile delinquency by taking as an example modern Russia and Germany. The research tasks are: to study legal problems related to the development of Russian and German legislations regulating criminality of the underage, the national characteristics of juvenile delinquency and factors affecting it internationally. The author uses the methods of analysis, synthesis, legal comparative studies, historical and logical methods. The article has a scientific novelty: it presents the results of a representative study of latent juvenile delinquency in Russia, East and West Germany. The author has concluded that parental control is higher in Germany than in Russia. The level of parental control of minors who have not committed crimes (or committed one or at most two different crimes in 12 months) is higher than those who have committed three and more different crimes. At the same time sassy teenagers in all three countries do not differ as far as parental control is concerned. However Russian teenagers are less emotionally attached to their parents than the Germans. The fact that communication with parents is stronger among non-sassy teenagers is just for all countries.


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ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)