Vol 1, No 3-4 (2018)

The ideal of church-state relations in the conservative legal ideology in Russia is analyzed. The study is focused on of the idea of the symphony in the work of Russian conservatives. Based on the works of Russian conservatives, sources of Russian law and practice materials the Constitutional Court of the Russian Federation, the essence of the symphony of church and state authorities are shown. It is concluded that the symphony of power is not simply the separation of church and state, but also their mutual support and cooperation, defined whenever the concrete historical circumstances. So the symphony of church and state cannot be determined in a formal logical form as a kind of formula of relations between the two authorities. The importance of independent and autonomous of the church as the guarantor of the state from slipping into totalitarianism is argued. As one of the theses the proposition that the conservative intentions still have an impact on the relationship between church and state in Russia through the archetypes of national consciousness and political traditions is proved.

Two phenomena of social life are considered: legal nihilism, expressed in various forms, including unlawful behavior, and civil-law activity, which is a legitimate, socially useful behavior. The purpose is to examine these phenomena in a relationship. In legal science, three aspects of the formation of civil-law activity are distinguished: information (knowledge of law), evaluative (attitude to law) and regulatory (setting for lawful behavior). The special importance of measures to combat legal nihilism at the last stage of the formation of civil-law activity is underlined. There is a discussion of the concept of legal nihilism, an attempt is made to formulate its own definition, reflecting its characteristic features. Legal nihilism is multifaceted and can manifest itself in various meanings, including as a relation to law, it is emphasized that this component is present in the formation of civil-law activity, but has a different direction. It is substantiated that the crucial role belongs to legal education, which also acts as a means to reduce the level of legal nihilism, and as one of the factors of the formation of civil-law activity. The conclusion is made that legal nihilism is a kind of indicator of civil-law activity, as increasing its level leads to a decrease in civil-law activity and vice versa.

The role of fairness in law at realization of reformation of Ministry of Internal Affairs of Russia is considered and the analysis of theoretical and practical application of justice is carried out. The reformation of Ministry of Internal Affairs of Russia, specifically Federal Law “On the police” are analyzed. At the present moment it is relevant to reconsider the activity of Ministry of Internal Affairs of Russian Federation and it is connected with the changes in Russia and in the whole world. The reformation of Ministry of Internal Affairs system is a regular process. Considering this issue it is necessary to pay attention to another experience and the further development of Ministry of Internal Affairs of Russian Federation must be defined by the relevant necessities of Russian society. The effective mechanisms for self-discipline and external control and also the control of officials must be created. Every public order maintenance organ must represent the publicity and be responsible. Social order of the society for the police is the decrease of commitment of crimes and breach of law. A number of amendments to the Federal Law “On the police” will serve to further reform of the Ministry of Internal Affairs of Russia.

The relevance of the chosen topic is determined by the growing demands of the state in modern conditions for increasing the investment attractiveness of the subjects of the Russian Federation and municipal corporations. In this regard, a greater theoretical and practical interest is the consideration and analysis of financial legislation, in the norms of which the position of the state regarding the investment attractiveness of the regions is perceived. This problem acquires special importance in the aspect of budget and legal regulation of relations arising between public entities and small and medium-sized businesses. The special importance of financial and legal regulation in general and of budget and legal regulation in particular lies in the fact that it is in the field of financial law and, as a rule, its sub-sector of budget law, that most of the tasks that the state sets itself are solved. Conflicts of application of budget-legal norms in the sphere of subsidizing business entities and budgetary institutions and norms of antimonopoly legislation in the field of competition protection are revealed. Both normative-legal and judicial acts, as well as scientific views on the factors of investment attractiveness in regions and municipal corporations, as well as issues of financial support in them, are analyzed. Conclusions are made on the need to improve federal legislation in the sphere of providing funds from the budgets of the state and municipal entities to business entities.

The provisions of the Code of Administrative Court Proceedings of the Russian Federation, which provide the principles of independence and the administration of justice only by the court, guaranteeing the legality in administrative proceedings are examined. The court in administrative proceedings assigns the role of not a passive observer, only creating the necessary conditions for the parties to fulfill their procedural duties and exercising their rights, it is the subject authorized to collect evidence. It is pointed that if the truth is not established as final aim of the administrative legal proceedings, then legal proceeding will have probabilistic nature and court judgment will be relatively legal, founded and fair. It is noted that non-interference in the activities of the judicial system is the most important guarantee of the independence of judges in administrative court proceedings. A carried out analysis of the notion of justice and its characteristics allows us to conclude that the principle of the administration of justice by the court alone can rightfully be considered the primary principle of justice. At the same time, it should be born in mind that it seems necessary to fix the principle of the administration of justice in the Code of Administrative Court Proceedings of the Russian Federation only by the court as one of the judicial principles of administrative court proceedings.

The legal analysis of information-psychological influences of information is presented. The influence of information has many different characters which are subject to be controlled by the society, the state and entity authorities. So, there are various information conflicts, explicit or implicit provision by subjects of information about the destructive circumstances that affect the psychological state of society. We can see growing of the new sources of information influence with their own goals and interests, which generates informational conflicts. The three levels of information exposure are considered. A person’s ability to perceive the surrounding reality, to develop certain attitudes and beliefs, and make decisions in accordance with them is treated as the object of ensuring information and psychological impact on the individual level. At the group level of information and psychological impact we must distinguish from the effects of illegal influence, both from the state and from other groups. At the mass level it is necessary to ensure the protection of the interests of society, its traditions and practices and the protection of security in general. The threat of mass consciousness can be expressed in a forcible imposition of other interests, values, and could lead to moral destruction of society and its health.

The description of organization is given and carrying out rights of refugees and stateless citizens school “New approaches: theory and practice issues”, which was on December 7–8, 2017 in students’ health camp “Molodezhnyy”. The school was carried out within the framework of realization of event 1.2 “Students’ Legal Games” (2 category). The program of students’ unions development of Tambov State University named after G.R. Derzhavin, supported by the Ministry of Education and Science of Russian Federation. The school included some events aimed at inclusion of students and teachers in the sphere of public relations, connected with defence of rights and legal interests of refugees and stateless citizens: speech of the leading specialist of legal protection department of representative of The Office of the United Nations High Commissioner for Refugees in the Russian Federation Tatyana Yurevna Bershachevskaya, the “round table” “Legal position of the fugitives and stateless citizens in the Russian Federation: problems and prospects”, scientific works competition on the topic of school, discussion platform “Fugitives, stateless citizens, immigrants: new views and challenges”.

Problems of the theory and practice of humanization of criminal sentence execution, for example, forced labour are considered. It is noted that the most intractable problem in the implementation of forced labour is the employment of convicted persons and ensuring respect for their labour rights. Another significant problem is the need of isolation of the persons sentenced to punishment not connected with deprivation of liberty from convicted persons serving sentences in correctional institutions. It is believed that the problems give rise to the need to ensure closer cooperation of the departments of the federal penitentiary service responsible for the execution of different types of criminal sanctions that in turn requires strengthening of public prosecutor’s supervision in this area.

Aspects of migration processes consideration in administrative court proceeding are discussed. It is revealed that such cases include cases referred to in paragraph 2 of part 2 of article 1 (administrative cases on protection of violated or disputed rights, freedoms and legitimate interests of citizens, rights and legitimate interests of organizations, arising from administrative and other public legal relations), and cases cited in paragraph 4 of part 3 of article 1 of the Code of Administrative Court Proceeding of the Russian Federation (administrative affairs associated with the implementation of compulsory judicial control over observance of the rights and freedoms of man and citizen, rights organizations during the implementation of separate administrative power requirements for individuals and organizations). Features of consideration of cases of the first group are reflected in chapter 21 and chapter 22 of the Code of Administrative Court Proceeding of the Russian Federation. Features of consideration of administrative cases on temporary accommodation of a foreign citizen subjected to deportation or readmission, in a special institution or for the extension of the time spent in this institution, established in chapter 28 of the Code of Administrative Court Proceeding of the Russian Federation. Differences between groups of these cases are analyzed. An indicative list of issues in the field of migration, which can be challenged by citizens and organizations, are presented. Problematic aspects of cases about the temporary accommodation of a foreign citizen subjected to deportation or readmission, in a special institution or to extend the period of stay in the institution are mentioned.

It is devoted to the jubilee of Candidate of Jurisprudence, Associate Professor, Head of Theory and History of the State and Law Department of Tambov State University named after G.R. Derzhavin, Head of the Federal Service for State Registration, Cadastre and Cartography in Tambov Region Nikolay Sergeevich Eltsov. The contribution of N.S. Eltsov to the formation and development of Tambov Regional Branch of All-Russian Public Organization “Lawyers Association of Russia”, and also to the formation of legal community in Tambov Region is considered.