Review. The article is devoted to issues of epistemological and socio-cultural foundations of the development of jurisprudence. Conceptual history of the discipline goes beyond an existing tradition of presenting the evolution of political and legal ideas, teachings and doctrines. The study involves analysis of changes in actual legal knowledge systems or the subject, structure and language of the discipline in the context of social cultures of certain historical periods of their formation and development A conceptual perspective in the study of the legal science as a sociocultural phenomenon amounts to a new scientific direction and approach to legal studies. Its theoretical research expands the boundaries of interdisciplinary contacts with other social sciences, ensures transition from dogmatic to cultural-historical jurisprudence or jurisprudence of legal text poetics - its historical vocabulary, semantics and stylistics. Conceptual history of the legal science is supplemented by its institutional history that forms common history of development of both law and science

Review. The article deals with an important political and legal aspect of history -- the formation and origins of such a phenomenon as a political utopia. Its classic example was represented by Plato Politeia that was formed during the fight against ideology and concepts of Greek sophists and political demagogues. The relevance of the subject matter is infinite because the whole subsequent political history of Europe preceded under the sign that Plato 's utopia. As a model it was perceived by both democratic and totalitarian ideologists of the modern world. In a Greek "phantom" State dialectically features of participatory democracy and tyranny dialectically mixed together. A polis simultaneously represented a territorial, extensional institution and spiritual and symbolic unity, a kind of a "matrix" from which later the modern statehood was created. Mythological thinking gave a polis policy elements of transcendent and sacred existence In those circumstances a concept arose that was later called political mythology or political theology. The dialectics of coexistence of two worlds: aggressiveness of the "evil empire," dark chthonian forces - all these will be recovered in an interpreted form in ideological wars of the later time. Plato managed to create an ideal state model that specified the style and fed the spirit of statehood and politics in the Middle Ages, and, in particular, during the Renaissance. It was at this time that a Plato Utopian model got almost modern interpretation. Nomos or a law was an integral part of an imaginary polis State that often was identified with it. The most important categories of the legal and political sciences, such as justice, truth, law, fault, equality, etc are considered in this work in a broader cultural context playing an important role both in the context of real polis formation and in a Plato imaginary state. Such thinkers as F. Nietzsche, A. Schopenhauer, W. Dilthey, Yu. Evola, K. Schmitt, E. Junger and many other philosophers, legal scholars and historians made their contributions into the study and development of the problem. In the article much attention is paid to the analysis of their attitudes and assumptions. The main attention is paid to the analysis of such categories as the law and its role in the formation of the polis-state. To this end, equally important role is assigned to both an actual operation of the law and its ideal significance. The author draws attention to the category of "imaginary" which is characteristic for the mythological and poetic perception for which political and legal consciousness in ancient times was remarkable. At the same time, he stresses the relevance of this category - without the factor of imagination neither active political activity nor productive law making are possible. Greek motifs still sound in modern political life.

Review. The article deals with the concept of a "rule-of-law state" and provides an author's definition of the term "rule-of-law state". A rule-of-law state is referred to as a form of public power organization formed by the society on the basis of the principles of free elections, separation of powers, and independence of the judiciary in order to fulfill and protect the rights and freedoms of every citizen, and controlled by institutions of civil society. The author classifies approaches to the notion of the rule-of-law state existing in the science of constitutional law. The author defines a number of signs of the rule-of-law state: 1) public and local self-government authorities are formed on the basis of free elections; 2) supreme public authorities are formed without participation of the President; 3) implementation of individual rights and freedoms -- political, economic and social - is secured; 4) actual and guaranteed by the state freedom of expression embodied in the form of freedom of speech, freedom to hold public events and freedom of association; 5) entrenching into the law effective mechanisms of indemnification of the damage caused to a citizen by the state; 6) existence of a stable legislation system and not politicized law enforcement; 7) fair and independent court system; 8) ensuring effective rule of the people by means of active and consistent application of various mechanisms of direct democracy The author examines the balance between the rule-of-law state and the state power organization in Russia, the rule-of-law state and the judiciary, the rule-of-law state and civil society The author concludes that the theory of the rule of law in Russia is very controversial. And the constitutional formula applied to recognize Russia as a rule-of-law state now amounts to a kind of a borrowed slogan expressing a kind of a worthless political declaration. The paper's main conclusion is: in order that the concept of the rule-of-law state be firmly rooted in the domestic legal system, and become a benchmark for the actual constitutional and legal relations, it is required to modernize key institutions of the State and society in a radical and qualitative way. In addition, you must change the legal awareness of the majority of Russians: from a patriarchal type based on the mercy of the State that provides certain benefits to an individual-legal type when every citizen must demand implementation of their rights, using judicial remedies and actively monitoring the effectiveness of the work of State institutions

Review. Based on documentary sources (transcripts of the Congress of People's Deputies, the Supreme Council and the Constitutional Commission of Russia) and other materials the author -- Member of the Constitutional Commission and the Chairman of the Legislation Committee of the former SC - examines the features of interrelation between the Constitution and the Federal Treaty (FT), dwells on some aspects of political and legal debates that took place during its incorporation into the former Constitution of 1978 (with amendments and additions) before the activities of the Congress of People's Deputies and the Supreme Soviet of the Russian Federation were terminated. The paper indicates that the focus of the controversy between proponents and opponents of the Federal Treaty was made on the problems of interpretation of the place of the Treaty in the Constitution, its legal nature and implementation. The former thought that the FT needs appropriate mechanisms, procedures, further interpretation of the principles of implementing different norms. Opponents objected to the legislative regulation of the FT implementation, fearing that it would substitute the Constitution and, thus, will make it unnecessary document. They did not accept the idea of creating a new Council of the Federation as an alleged mechanism of the Federal Treaty implementation For the first time the article examines the controversial practice of the 1992-1993 concerning the FT application by legislative and executive authorities. It is noted that a particular problem of correlation between the Constitution and the FT gets a special glow in the context of the Constitutional Reform implementation in the constituent entities of the Russian Federation (Bashkortostan, Yakutia, Tuva, etc.), discussion of the draft Constitution drawn up by the Working Group of the Constitutional Commission, preparation of basic provisions of the Constitution, as well as a draft "Constitutional Treaty" aimed at resolving the political crisis By the end of the summer in parliamentary circles three mutually exclusive opinions emerged: 1) to use the full potential of the Federal Treaty and "not to engage in constitutional race» (V.B. Isakov); 2) to abandon "apologetics of the Federal Treaty" and accelerate the adoption of a Parliamentary draft of a new Constitution (O.G. Rumyantsev); 3) to support the Constitutional Meeting on finalizing the Presidential Draft Constitution (M.A. Mityukov, etc.). In particular, with some degree of criticism, the author highlights some theoretical and juridical and technical studies of the heads and experts of the Constitutional Commission in the field of correlation of the Constitution and the FT: with regard to "the true proportion" of these acts; division of the text of the Treaty into declarative and regulatory content; structural and comprehensive incorporation of the FT into a future new Constitution, etc In conclusion, the paper sums up the results of the study carried out during the first period in the development of the correlation between the Constitution and the Federal Treaty.

Review. A legislative-textual approach to criminal law in contrast to the traditional linguistic approach is based on the understanding that the final result of legislative activity is the text of the criminal law. Legislative textology has two practical applications: construction of criminal-law provisions and interpretation of texts of the criminal law. The first practical application of the legislative texts allows us to identify the textual indications of criminal law, to determine the dynamics of amendments to the articles of the General and Special Part of the RF CC, to analyze the structural organization of the text of the criminal law, to identify the minimum, optimum texts of the articles and articles that excess the scope, to differentiate criminal law regulations in accordance with their compositional and graphics features and provide practical recommendations on improvement of articles of the RF CC, to consider the problem of the criminal law quality in relation to its addressees, to set the textual peculiarities of the titles of the articles of the Special Part of the Criminal Code of the Russian Federation, to develop practical recommendations for the application legislative textology provisions when constructing notes, to reveal new crimes constructions with limiting (restrictive) elements. Legislative and textology interpretation as a the second approach to the practical application of the legislative textology makes it possible to carry out an analysis of the text of the criminal law, including its structural, constructive and conceptual peculiarities, and to develop legislative and textual interpretation algorithm that provides a step-by-step interpretation of the text of the criminal law. Methodological foundations of legislative textology consist of both traditional methods of cognition (method of historical reflection, comparative law, logical, sociological, statistical, the method of expert assessments) and new approaches to the study of the text of the criminal law (discursive, textocentric, communicative methods and the method of structural analysis)

Review. This article deals with the features of an objective element of an offence provided for in Art. 282 1 of the Criminal Code that are the most significant for the qualification. During the study the question of a legal nature of the crime was considered; the author concludes that an extremist community is a special kind of complicity in crimes of extremist nature that constitute a separate crime within the framework of the Special Part of the Criminal Code. The paper presents the main viewpoint of the doctrine with regard to the issue of complicity within the framework of which an extremist community exists. As a result of the analysis of criminal law rules and judicial practice, the author identifies the hallmarks applied by courts to establish the existence of an extremist community The author concludes that he extremist community is referred to such a form of complicity in a crime as criminal association (criminal organization) and provides a definition of an "extremist community. " The author has studied the main forms of a socially dangerous act provided for in Art. 2821 of the RF CC. The paper contains recommendations as to qualification of an offense provided for in P. 1.1 of Art. 2821 of the RF CC and resolution of issues related to this norm (competition with the provisions of Parts 1 and 2 of the Article) The criminal law of the RF CC being supplemented by Art. 2823 "Financing an extremist activity", the issue concerning the balance between the norms set forth in P 2 of Art 2821 and Art 2823of the Criminal Code of the Russian Federation has been resolved, as well as proposals concerning qualification of an offense in cases where a member of an extremist community carries out its funding have been made. The author has developed recommendations for improving clarifications submitted by the Plenum of the Supreme Court of the Russian Federation devoted to the interpretation of the rules concerning liability for organizing an extremist community under Art. 2821of the RF CC.

Review. At the core of improving the functioning of any complex system lies objective information about its processes. It is this information that makes it possible to respond to negative changes, make the right management decisions, and determine the direction of further development One of the most effective ways of obtaining such information is monitoring. That is why much attention is given to its organization and realization both on the part of the leadership and management of the various federal bodies of executive power and other structures Given the cost, the complexity, labor input, monitoring appears necessary and advisable to familiarize yourself with its types and stages of implementation at the beginning of the process The initial phase of receiving data is directly linked to the definition (elaboration) of a specific set of criteria and indicators, which are the "cornerstone" of objectivity, sufficiency and accuracy of the information. The subsequent step is processing the information received. This stage depends largely on training of persons engaged in it. Only the understanding that monitoring is not only a complicated process of obtaining certain aggregate data, but also further adequate processing, analysis, interpretation, translation and interpretation of the quantitative component quality, and formulation of proposals can lead to a positive result The theoretical aspects of organization and monitoring, illustrated with specific examples, provide us with deeper understanding of these processes and make it possible to put the knowledge acquired into further practice The provided examples of criminal enforcement system of the Federal Enforcement Service can be considered, by analogy, in the activities of other ministries and departments of federal executive authorities.

Review. The author addresses the issues of legal regulation of a new investigative activity introduced in 2010 into the new law of criminal procedure, namely obtaining information about the connections between subscribers and/or subscriber devices. Art. 1861 of the Criminal Procedural Code of the Russian Federation lists the kinds of information obtained which unduly restricts the cognitive capabilities of an investigative action. In view of the trend of increasing connection settings, registered by equipment operators, it would be useful to make provision in the specified regulation on obtaining any information about connections between telecommunication tools. The term "Subscriber" used in the Act is inaccurate, because the connections happen not between subscribers, but between the equipment employed The term "subscriber device" can not be applied to computers, functional purpose of which is not limited to transfer of messages. In view of the foregoing, it is proposed to change the name of the investigative action on "receiving information about telecommunication connections", clarify and consolidate the notion "means of telecommunication" directly in the Criminal Procedure Act and include identification modules (SIM-card) in the notion, because in terms of legislation on communication such devices cannot be cannot be referred to such devices. Connections include sessions during which voice and non-voice mail is transmitted or received, as well as ring tones, arrested by the base station even if the called subscriber's interaction with the device failed. Prior to the commencement of the investigative action it is necessary to obtain information about ID number of the telecommunication device. This information is demanded and obtained by sending investigator request without any court holding. There is currently no deadline for executing investigator requests, which complicates the process of designating investigative actions considerably. Therefore, the author proposes to establish the time limits for execution of the investigator request in the Criminal Procedural Code of the Russian Federation, as well as the introduction of administrative liability for the failure or delay of such a request. Currently, it is unclear in the text of the Code whether it is possible in frames of the investigation to obtain information about the connections not only of the specific user's devices, but also of all that are serviced by the base station for a certain period. It is argued that it is possible to obtain such information In addition, the Act does not divide retrospective and prospective orders of obtaining information, which does not clarify whether the implemented 6-month period installed in the Art. 1861 of the Criminal Procedural Code of the Russian Federation can be applied for obtaining information about earlier connections The author substantiates that the specified term can be applied only for obtaining information in a prospective manner The article argues that the results of the investigation activity in terms of the types of evidence are not evidence, but other documents. As a result of research, the author proposes new wording of the rules of criminal procedure governing the investigative action in question

This article was prepared within the framework of the plan of Scientific-Research Institute of Northwestern University (branch) Kutafin Moscow State Law University (MSAL) clause 2.5. Review. During the implementation of the provisions of the International Covenant on Civil and Political Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms by the European Court of Human Rights (ECHR) and the UN Human Rights Committee (UNHRC) developed some international standards of the right to appeal against judgments in criminal cases. In accordance with these standards only the convicted has an unconditional right to appeal against judgments in criminal cases. The content and limits of the right to appeal against judgements in criminal cases, other participants in criminal proceedings, including the victim, shall be determined by national legislation and is not part of the data standards The main differences of the latter are permissible restrictions on the right to appeal, as well as the requirements for the form of appeals procedure. In particular, the ECHR provides extensible possibilities to limit the right of appeal, stating that it could only be restricted by law or a person wishing to apply to the superior court have to obtain permission to appeal. In addition, the right to appeal in the exemptions for minor offences, as well as when the person has already been tried in the first instance by the Supreme Court or convicted on appeal against his acquittal The practice of the UN Human Rights Commission holds a different position on the validity of such restrictions, believing that the review, which was limited to formal or legal aspects of the conviction without any consideration of the facts was insufficient The Committee considers the denial of the right to appeal for minor offences, the decisions rendered by the Supreme Court in the first instance, as well as convictions based on the results of consideration of appeals against acquittal The UN Human Rights Commission does not impose any special requirements for the form of the appeals procedures, including a full rehearing of the case. The practice of the ECHR in this context seems somewhat inconsistent. On the one hand, the ECHR is loyal to various limitations of the right to appeal, and, on the other hand, it has repeatedly recognized violations of the provisions of the Convention, a situation where there was no full review provided for by national legislation

Review. This article discusses the legal aspects of detention of persons illegally staying in Israel in order to deport them from the country Special emphasis is placed on the legislative framework which regulates detention of illegals and the changes that have occurred in this area since the 90-ies of the last century and to the present day. The author outlines interrelationship between deportation of persons who have violated visa regime and their detention immediately prior to the deportation. The article explains the functions of the Inspector General of the border guard service and considers in detail the Israeli Court on Control over the Detention of Persons in Irregular Status in Israel. Some examples from judicial practice, in which the Court considers it possible to release people from detention on bail, are provided. The article concludes that the release of persons by the Court (so they exit the country on their own) is an exception to the rule. It is proposed to amend a number of proposals for improving mechanisms for the protection of the rights of persons detained in Israel detention with a view to their deportation, because, according to the author, the rights of such persons are not sufficiently protected in law of Israel. The main proposals are as follows. First, limit the maximum detention time up to 12 months. Secondly, enshrine in law the provision of free legal assistance to detainees. Last, add alternative measures to detention, such as home arrest, under the supervision of the special means, such as electronic bracelets.

Review. The article summarizes the Eastern European penal system, characterized by the search for a balanced approach to solving the dilemma between ensuring public safety and the observance of human rights, prison management authorities on the jurisdiction of the respective ministries of Justice (except Hungary), quite a high rate of prisoners, usually the minimum number of foreign convicts and a slight excess of the regulatory framework under the population density in correctional facilities. The implementation of public-private partnership projects in the functioning of prisons (Albania, Bulgaria, Hungary and the Czech Republic) and the perspective partial privatization of prisons (Romania and Slovenia) primarily involve public finance problems of penitentiary institutions. It is noted that prisons and controls of this type have many common features, they cooperate in family prison justice projects, and implement national research ethics (NHREs) and "ethics of attitudes and behaviour (EABs) projects. The general trend favors reducing the length of deprivation of liberty, a gradual increase in prison space and the conditions of detention. The author notes the extension of the following practices: applied means of correction in part of general education and vocational training is increasing, the use of individual programs serving the sentence and social reintegration, training psychiatric technology, as well as the characteristics of the treatment of certain categories of prisoners (drug users, women, persons convicted of sexual offences, etc.) The author draws attention to the violations of the rights of convicted persons including violence and abuse, significant shortcomings in the application of means of correction of persons serving sentences or other deficiencies in the Organization of correctional services despite all the active measures of implementing progressive standards covering the treatment of prisoners The author concludes that in the face of ambiguous patriotic reform penal system the analysis of Eastern European penal system causes a natural scientific interest in further comparative-typological study of the entire European penal plan of actions.

Review. The article is devoted to the development and content of the legal position of the estates in Siberia during the second half of XIX-beginning of XX centuries: nobility, clergy, urban and rural inhabitants (Cossacks, merchants, townspeople, peasants, foreigners). The author conducts comparative-legal analysis of the structure of the Russian and Siberian society, legal status of tax-payers and tax-exempt groups of the population of Siberia and Russia, all-Russia and regional legislation of national suburbs. As a result, the author concludes that the formation of the estates and their legal status in Siberia were connected with the colonial policy of the Tsarist Government, aimed at the development of this region and its subordination to the tasks of the Centre. Reforms and changes in legislation in the second half of XIX-beginning of XX centuries were aimed at disrupting a class-patriarchal social system contributed to blurring the difference and reversal of the legal position at the outset of taxed sectors of the population (urban dwellers, peasants, foreigners) The Government sought to eliminate class privileges of aborigines compared to peasants to subdue the effects of all legislation. However, the process of empowering farmers and foreigners personal (civic) and property rights in their entirety passed slowly, as State policy was deliberately aimed at preserving the remnants of the legal position of peasants and foreigners The comparative analysis of the legal status of nobility and Cossacks in Siberia and Russia showed that in the economic and socio-political relations Siberian version of the legal status of these social groups lost to Russia-wide. Siberian nobility was not the dominant class-bar of feudal lords, and was a privileged layer of society, adjacent to the ruling class. Siberian Cossacks advocated specific labour service layer; having lost the opportunity to receive a hereditary nobility, became a grass-roots links police apparatus, as well as at its 30 tenths of the land put on Cossacks could engage in agriculture.

Review. The article is devoted to the history of legal education in the Kazan University. The first teachers of law in Kazan University were German professors who tried not only to teach, but also continued to engage students in scientific research. At the beginning of the 19th century within the walls of Kazan University they implemented the idea of creating a literary and legal society, a prototype of a legal clinic, held public trials for individuals seeking to occupy public office. The trial was organized by the Committee for officials on legal subjects. Gavriil Ilyich Solntsev became the first Russian professor of jurisprudence. The article reveals the procedure of defending the first dissertation on law in the history of the University. For example, Professor Solntsev illustrated the process of law teaching, which connected two methods: practical and comparative-historical. Solntsev was the first to introduce methodical works for those teaching law in which he opposed the mechanical process of delivering lectures. His recommendations has not lost their relevance today and would be useful for modern teachers For example, tests for a degree of the candidate of jurisprudence in Kazan University opened the process of obtaining a teaching position The identity of Professor Solntsev was very multifaceted. He successfully combined scientific, teaching and administrative activities, in different years, he served as Dean and Rector of the Kazan University. Solntsev was a professor in the highest sense of the word. During the period of guardianship of the Kazan University by Magnitsky, Solntsev and Magnitsky disagreed on ways of teaching natural law. As a result, the University held court over Solntsev, in which they discussed the substance of his lectures. Solntsev, in writing or orally, answered 217 questions about natural law and entity law in general. Further, Solntsev was dismissed from the University at his own will and for twenty years he served as County Attorney of Kazan. In the history of legal science Solntsev remains not only as the author of the first textbook on criminal law, but also a talented Professor, combining theory and practice of law

Review. This article is a review of a monographic research by L.A. Shestakova, "Implementation of the Concept of Juvenile Justice in Juvenile Proceedings in the Russian Federation". The relevance of the topic of the reviewed monograph is due to the attention to the treatment of minors in conflict with the criminal law. International commitments of Russia made it necessary to reform the juvenile procedure towards the establishment of special juvenile justice model in the Russian Federation as an effective mechanism available for protection of the rights and interests of minors. Juvenile justice is opposed to punitive justice with its punishments associated with isolation from the society, probation measures, which do not result in revisions, and, on the contrary, contribute to the persistence of high levels of recidivism on the part of minors International instruments recommend that member states form a minor-friendly model of justice, which must include the non-formal procedure for consideration of the case involving minors; a wide arsenal of techniques to influence the offender; an active educational work with minors, pedagogues, psychologists, social workers; the use of alternatives to traditional procedures, compensation, psychological rehabilitation of the victim, educational-corrective work with the offender. International instruments emphasize the need to apply to young offenders such restorative procedures as warnings, transaction, mediation, family conference However, none of the listed means of restorative treatment of the juvenile offender is applied in Russia largely due to doctrinal reasons The objective of the study is to determine the directions of the development of the criminal procedural legislation governing juvenile procedure taking into account the possibility of the introduction of restorative procedures based on a compromise as a means of resolving criminal conflicts The monograph shows that the idea of introducing mediation in preliminary investigations involving minors corresponds to the goal of improving the effectiveness of the implementation of the institutions of the criminal case's termination in respect of conciliation of the parties (Art. 25 of the Criminal Procedural Code of the Russian Federation) and the application of compulsory educational measures (Art. 427 of the Criminal Procedural Code of the Russian Federation)