DOI: 10.7256/2454-0706.2017.12.25079

Abstract: The subject of this research is the processes and genesis of the evolution of realistic approach towards the methodology of judicial interpretation in comparison to formalistic style of judicial interpretation. Based on the references of the works of the representatives of the school of free will, American and Scandinavian legal realism, as well as modern neorealism, the author determines the key characteristics of the genesis and evolution of realism as a style of judicial interpretation, expounds the trends of its development, answers the question of causes for the leading position of this approach in the modern legal doctrine, primarily in other countries, as well as the policy of judicial interpretation. The novelty of the conducted research consists in determining the trends of evolution of the realistic approach, which evolved (1) from recognition of ambiguity of the meaning of the legal text as the object of interpretation – to the thesis on excessiveness of text for execution of the act of interpretation; (2) from recognition of allowability of textual substitution of interpretation – to establishing the exclusivity of creative interpretation as a specific function of the court; (3) from recognition of limitation of the cognitive function of interpretation – to establishing voluntaristic nature of the act of interpretation; (4) from recognition of institutional limitations, placed on the courts by the principle of delegation of power – to establishment of judicial authority as a new subject of sovereignty.

DOI: 10.7256/2454-0706.2017.12.25104

Abstract: The subject of this research is the norms of anticorruption legislation of the Russian Federation, bylaws and departmental normative legislative bills, local normative acts of organizations, as well as positions of the codes of ethics of universities, setting anticorruption standards of conduct for the educators. The article carefully examines the current trends in formation of the anticorruption standards of conduct in the education sphere. Special attention is given to the establishment of anticorruption responsibilities, prohibitions, limitations and recommendations placed on the individuals carrying out the executive functions in educational institutions. The research allowed concluding that there are currently no unified anticorruption standards of conduct for members of educational institutions. With regards to a small circle of individuals carrying out the executive functions in educational institutions, the anticorruption standards of conduct are set by the orders of the Government of Russia, as well as departmental orders of the Ministry of Education and Science of the Russian Federation.

DOI: 10.7256/2454-0706.2017.12.25074

Abstract: This article tackles the challenge of understanding the phenomenon of lawmaking as a dynamic process, associated with number of transitional stages, including the stage of socialization of objective law, which completes the lawmaking cycle. Assessments are made on the supremacy of the social “reading” of law as a scientific theory platform of legal research. The authors expound the conceptual meaning of socialization of law and the role of this process within the structure of lawmaking. It is determined that positive law (established in the texts of legislative bills with normative content) becomes and objective reality when it is implemented into the fabric of the social life and included into the systems of social interaction as an intrinsic element. The social interaction environment of the processes of legal socialization functions as an active social mechanism for practical actualization of normative bills passed by the lawmakers. Law as an active means and the result of the lawmaking processes is “actualized” in reality (becomes an objective fact) only after it passes the stage of socialization and is processed by the participants of the social legal space as a viable resource.

DOI: 10.7256/2454-0706.2017.12.19165

Abstract: The object of this research is the political processes in Russia. The subject of this research is the current key problems of the political process in Russia and administrational techniques for the purposes of its institutionalization. The subject is examined from not only politological and sociological perspectives, but separate attention is also given to the philosophical component of the issue. The author determines the key issues of the modern Russian political process and its trends. The research includes results from the latest academic research in the area and presents various positions of experts. The research allowed determining the key trends in current political processes in Russia, define groups of problems impeding its institutionalization and primary strategies for achieving it, as well as substantiate the choice for necessary administrational techniques.

DOI: 10.7256/2454-0706.2017.12.24419

Abstract: The object of this research is the process of establishing and developing “electronic governance”, which carries an important political and socioeconomic significance for modern states. The subject of this research is the peculiarities of realization of the “e-governance” in Russia examined on the analysis of the regulatory policy of the state in this area and assessment of its results. Study of the content characteristics of the “e-governance” allowed determining the level of correspondence between the realistic indexes and goals declared by the government, as well as determining the problems and prospects of state policy in this regard. The main conclusions consist in the fact that the process of establishing “electronic governance” in Russia reflects both, global trends, as well as national specificity set by the institutional environment and priorities in national and foreign policy of the Russian Federation. This process requires centralized coordination of the normative and financial support, as well as fusion of these measures with transformations within the framework of administrational reform.

DOI: 10.7256/2454-0706.2017.12.19360

Abstract: This article explores the relations between the regional trade agreements (RTAs) signed within the framework of the WTO or by WTO. To examine the object of relationship between RTAs and WTO, the subjects of the research are the regime of most favoured nation (MFN), regional trade agreements, as well as the legal nature of the WTO and responsibilities it sets. The author creates a visual example to demonstrate how countries violate the regime of MFN using RTAs. The work explores the practice of the Dispute Settlement Body of the WTO on this issue, as well as provides theoretical substantiation on why signing RTAs does not mean violating the law of WTO de lege lata. Theoretical conclusions of some of the research leads the author to conclude that regional trade agreements represent lex posterior or lex specialis with regards to responsibility of the states before WTO.

DOI: 10.7256/2454-0706.2017.12.24223

Abstract: The subject of this research is the sector of non-profit organizations in the Republic of Turkey at its present stage. The article thoroughly explores the legal nature of the non-profit organizations (NPOs) in Turkey, historical peculiarities of the developments of NPOs, as well as their role in formation of the political course of the country and resolution of social issues. The work provides typology for the existing NPOs in Turkey. Special attention is given to the analysis of the spectrum of functionality of the NPO sector on the example of the largest and most influential Turkish NPOs at the present stage. Author’s contribution into advancement of this topic consists in simultaneous legal and political analysis of the functionality of the NPOs. The main conclusions allowed determining the vectors for structuring possible cooperation between Turkey and Russia, as well as predict the role they will play in the political of the Republic of Turkey in the near future.

DOI: 10.7256/2454-0706.2017.12.25025

Abstract: The object of this research is the public criminal procedure legal relations pertaining to the right to appeal procedural actions (or lack thereof) and decisions of officials carrying out the criminal process, representing the means of protection of rights and liberties of citizens at the pre-trial stage. The article explores such topics as concept, meaning, parties and subject of this type of appeal. The subject of this research is the laws regulating the right to appeal the procedural actions and decisions as means of protection of civil rights in pre-trial process, legal practice of implementation of these norms, statistical data and academic views on this topic. The main conclusions of this research are expressed in the need for a complex assessment of the entirety of questions of appeal of actions (or inaction) and decisions of officials carrying out the criminal procedure, as well as determination of the weak links that still require legal resolutions, namely: establishing the limits of function of the right to appeal through legislation of limited term for filing an appeal, identifying the stage of the process of appeal, etc.