Archive

Abstract: The theme of this article is political and psychological, institutional (situational) and value (mental, subjective) factors, conditions and mechanisms of reproduction of corruption
in today’s Russia. The negative impact of corruption – the criminalization of the state and society, unfair redistribution of public goods, social polarization and social tensions, etc. – are described.
Sociological studies show that corruption in Russia has become an informal but stable social and political institute. Political psychology allows to combine theoretical and practical approaches of
the individual (e.g., psychoanalytical) and social psychology in the study of corruption as a phenomenon associated with public relations and public administration. The article investigates
the formation of formal and informal social norms in social groups and social stereotypes. The psychological conformity or pressure, of group norms over the individual, and the importance of
socialization in the family in order to distinguish between private and public life of the individual is observed. One of the social causes of corruption is the lack of values and trust agreement, the
fragmentation of the society into groups of “us” and “them” according to different criteria. This result is “double standard” assessment of similar actions based on membership in a particular
group. The conventionalism of mass perceptions of corruption among “owns” as a social norm is a matter of concern. The article provides general anti-corruption approaches.
Keywords: policy, corruption, conformity, social stereotype, social group, social norm, public sphere, privacy, psychoanalysis, political and legal culture.

Abstract: The article considers the bodies of constitutional justice that operate in Russia at the level of the subjects of Federation in terms of their contribution to the implementing the rule of
law. The Constitutional (Charter) Courts of the subjects of the Russian Federation are noted to have significant potential to strengthen the democratic rule-of-law state, especially in such areas as ensuring the supremacy of constitutional rules, the protecting the foundations of constitutional order, and respecting the fundamental human rights and freedoms. Activities of regional bodies of the constitutional (charter) justice allow to ensure the unity of federal and regional standards of the rule of law, provide additional safeguards to protect the constitutional rights and freedoms of citizens and their associations. This section of the unified judicial system of the Russian Federation verifies the constitutionality of regional and municipal regulations, implements the legal positions of the Constitutional Court of Russian Federation and rules of international law in its decisions. Establishing the constitutional (charter) court the region creates a complete system of bodies of state power of the subject of Federation based on the principle of separation of powers and in the framework of those model of checks and balances, which is realized at the federal level of state power. The article concludes the activities of constitutional (charter) courts of the subjects of the Russian Federation objectively contribute to improve the existing legal regulation within the framework of constitutional (charter) rules.
Keywords: rule-of-law state, constitutional justice, constitutional (charter) courts of the subjects of the Russian Federation, rights and freedoms of individuals and citizens, supremacy of law, federalism, separation of powers.

Abstract: The article is devoted to the types of property attributable to immovable one according to the legislation of the Russian Federation, and to factual and recognized by the Russian laws characteristics of real estate. The author distinguishes the criteria of attributing property to the immovable one and features of the real estate. The article examines the nature of the rights to the constructions in the Soviet legislation and determines two independent (horizontal) rights: the right of the landowner and the right to objects on the ground. The existence of structures with limited property rights, which are “adjoined” to the right of property according to the scope of powers, is noted in opposition to the classical principle of private law: “Should be located on the
surface of the earth”, or so-called “vertical” right of the ownership of the land. The author particularly examines the essence of the criteria of attributing property to the immovable one and the legal “content” of the criteria. At the same time, the author uses philosophical categories of form and content in the analysis of the legal nature of state registration of the immovable property right and immovable property transactions, as well as reveals the ratio of the terms “transaction form” and “the state registration of the immovable property rights and the immovable property transactions”. In particular, the author addresses the problem of restrictions of the immovable property rights in Russia according to subjective composition of owners (applicants for the emergence of the right).
Keywords: real estate; immovable property, land, soil, subsoil, continental shelf, object, surface, registration, state registration of the immovable property rights, legal regime, criteria, feature, property rights structure, things, physicality.

Abstract: The article is devoted to the elucidation of the place of the constitutional right to appeal as a subjective human right. First, the article deals with the disclosure of general theoretical issues of the concept and content of subjective rights, as well as with the adaptation of the studied categories to the phenomenon of citizen’s applications. In particular, the existence of two similar but not overlapping subjective rights is revealed: the first one is the constitutional right to appeal, the second – general civil right to appeal (not based on Art. 33 of the Constitution of the Russian Federation). The features of the constitutional right to appeal are specially identified and analyzed. The main part of the article is devoted to the most common classifications of human rights and freedoms and, accordingly, to the place of the constitutional right to appeal. The article analyses seven most common classifications of the place of the constitutional right to appeal. The research allows to assert that the constitutional right to appeal is a) positive right, which implementation depends entirely on the regulatory activities of the established order and the authorities; b) the right of human being regardless of his (her) nationality; c) the individual right because it guarantees the possibility of expression of will to every citizen; d) the right of the first generation of rights; i) the relative right, that is, according to part. 3 Article 56 of the Constitution of the Russian Federation, may be limited (that seems incorrect); f) the procedural right because it ensures the implementation of substantive rights or guarantees the possibility of procedural protection. The analysis of the place of the right to appeal within the classification according to the areas of life (which is traditional in the constitutional right of Russia) proves that it can not be attributed to the pure form of personal, political, socio-economic, or cultural rights, and should be considered as mandatory prerequisite of the realization of most of them.
Keywords: citizen’s appeal; subjective right; system of rights and freedoms; constitutional right, right to appeal, classification of rights and freedoms.

Abstract: The article contains review of the all-Russian scientific conference “Current issues of scientific support for the state anti-corruption policy in the Russian Federation” (Ekaterinburg,
June 25–27, 2014). The author analyzes conceptual statements of the reports presented at the plenary session and the significant propositions appeared during three panel discussions “The
potential of modern state and civil society for combating corruption”, “Political and legal mechanisms of combating corruption” and “The world and Russian experience of combating corruption
in comparative and historical perspective”. The article considers the key conference recommendations including minimization of legal formalization of social relations, reduction of excessive state
functions, improvement of the administrative self-control in the mechanism of state bodies, development of participation democracy. The author emphasizes on the necessity of further improving
the state anti-corruption policy on the base of adequate theoretic and empiric scientific grounds.
Keywords: scientific conference, science, anti-corruption policy, combating corruption, preventing corruption.