Table Of ContentCopyright ООО «ЦКБ «БИБКОМ» & ООО «Aгентство Kнига-Cервис»
The Ministry of Science and Higher Education of the Russian Federation
Kazan National Research Technological University
S. Galieva, G.Galieva, N. Kraysman
J U R I SPRU DE NC E
Тutorial
Kazan
KNRTU Press
2019
Copyright ООО «ЦКБ «БИБКОМ» & ООО «Aгентство Kнига-Cервис»
UDC 34(07)
LBC 67Англ я7
G15
Published by the decision of the Editorial Review Board
of the Kazan National Research Technological University
Reviewers:
Candidate of Jurisprudence, Associate Professor K. Arslanov
Candidate of Pedagogic sciences, Associate Professor E. Molostova
Galieva S.
G15 Jurisprudence : tutorial / S. Galieva, G. Galieva, N. Kraysman;
The Ministry of Education and Science of the Russian Federation, Kazan
National Research Technological University. – Kazan : KNRTU Press,
2019. – 224 p.
ISBN 978-5-7882-2717-7
The tutorial contains an analysis of the basic concepts and categories
of law. The special attention is paid to such issues as the general theory of
law, the foundations of the constitutional system of the Russian Federation,
the foundations of civil, family, labor, administrative law. The materials for
independent work of students are offered.
The tutorial is designed for practical training of Bachelors in the following
areas: 02.03.03 Mathematical Support and Administration of Information Systems,
14.03.01 Nuclear Engineering and Thermophysics, 15.03.02 Technological
Machines and Equipment, 16.03.03 Refrigeration, Cryogenic Equipment and Life
Support Systems, 18.03.01 Chemical Technology, 21.03.01 Oil and Gas Business,
27.03.05 Innovation, 29.03.03 Printing and Packaging Production Technology,
35.03.02 Technology of Logging and Wood Processing Industries, as well as
students studying Jurisprudence.
Prepared by the department of jurisprudence.
UDC 34(07)
LBC 67Англ я7
ISBN 978-5-7882-2717-7 © Galieva S., Galieva G.,
Kraysman N., 2019
© Kazan National Research
Technological University, 2019
Copyright ООО «ЦКБ «БИБКОМ» & ООО «Aгентство Kнига-Cервис»
Introduction
Discipline objective:
1)providing the basic concepts of the key branches of law;
2)building the students’ legal literacy;
3 forming in students legal literacy in property and related personal
non-property relations, consisting in profound knowledge of the civil
rights and duties, the ability to be quickly guided in the huge number of
civil-legal regulations, to correctly make civil documents, to use lawful
ways to protect the broken civil rights;
4) forming in students modern legal thinking and language,
allowing them to competently defend their rights
In accordance with the State Higher Education Standard,
Jurisprudence is included in the list of compulsory general humanitarian
and socio-economic disciplines.
Studying objectives.
In the course of studying, the following shall be developed in
students:
• the ability to correctly interpret the state legal phenomena, to
evaluate them from the standpoint of both universal and specific
historical values;
• value orientations in life and practice, based on the priority of
human rights and freedoms while recognizing the fundamental
importance of state and legal institutions;
• the ability to make their own conclusions and justify their
judgments on the problems arising in the process of exercising
their rights and duties in everyday life.
• the ability to search, critique, and make fusion of information, to
employ a systematic approach to solving problems;
• the ability to identify the scope of tasks within the goal set and
to choose the best ways to solve them based on the existing legal
norms, available resources, and restrictions;
• the ability to carry out social interaction and to realize one’s role
in team in solving legal situations.
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Copyright ООО «ЦКБ «БИБКОМ» & ООО «Aгентство Kнига-Cервис»
In accordance with these objectives, the mandatory minimum
content of knowledge in law includes two sections:
1)General Theory of State and Law;
2)Characteristics of the Main Branches of Russian Law.
The discipline of Jurisprudence solves problems in close cooperation
and interrelation with such sciences as Philosophy, Sociology, Digital
Economy, Management Theory, Social Psychology, etc.
The students are to know:
• what rights and freedoms are given to person and citizen in order
to consciously and competently exercise them in various spheres
of life;
• to know the basics of the legal system and legislation;
• to understand the organization of activities of judicial and other
law enforcement agencies.
The students are to be able to:
• use statutory instruments in practice
• draw up legal documents relating to future professional activities.
General learning tips
Before studying each topic, the students must read the relevant
sections of the training program and guidelines, highlight the issues
to be mastered. It is advisable to read the relevant chapters/paragraphs/
textbooks on Law. This will allow you to better assimilate the lecture
material. The students should highlight the unclear questions that can be
addressed to the lecturer, the teacher.
Copyright ООО «ЦКБ «БИБКОМ» & ООО «Aгентство Kнига-Cервис»
A SHORT COURSE ON SELECTED
TOPICS OF THE DISCIPLINE
Topic 1. General Theory of Law
1.1. Characteristic of law origin theories.
1.2. Concept, features, functions of law and state.
1.3. Form of state: form of government, form of government structure,
political regime.
1.4. Concept, types, structure of legal rules.
1.5. Concept, types, structure of legal relations. Legal facts as
the basis of creation of the relationship.
1.6. Legal frameworks of today. Sources (forms) of law.
1.7. Concept, elements, structure, types of offenses. Legal
responsibility.
1.1. Characteristic of law origin theories
The topic should be started with studying the main provisions
of various theories of the origin of state and law: theological, patriarchal,
contractual, organic, psychological, violence, etc. It should be kept
in mind that each of them has faults (the most essential of them being that
the material conditions which are the prerequisites for the origin of state
and law are not taken into consideration) and advantages (each has made
a certain contribution to the development of the theory, revealed some
mechanisms of the said processes).
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Copyright ООО «ЦКБ «БИБКОМ» & ООО «Aгентство Kнига-Cервис»
The historical and materialistic concept of the origin of state and
law is of paramount importance. Its study should begin with F. Engels’s
The Origin of the Family, Private Property and the State, which on
the basis of extensive historical and ethnographic material and the works
of many researchers considered the western way of the state and law origin.
Attention should be paid to the characteristics of the tribal organization
of the society, the social power that existed there and the accepted code of
conduct. To the three major social divisions of labour and the elements of
state and law revealed at that time. But we must also understand that along
with the root cause of the state and law origin (the emergence of private
property, the split of the society into antagonistic classes), there was
a variety of factors and conditions (territorial, climatic, and demographic)
which one way or another influenced the formation of the state and law,
their original type and form. F. Engels noted the peculiarities of the origin
of law and state in Ancient Greece, Ancient Rome, and the ancient
Germans. Undoubtedly, the process of the state and law formation in other
peoples, for example, the Slavs, also had certain specificity. The position
of the early Russian state between Europe and Asia, its relatively rapid
transition from a communal system to feudalism are of great interest.
There is a wealth of scientific literature and fiction on this subject.
Accumulation of new factual material, further development
of science and methodological toolkit, on the one hand, and the complexity
in study and definition of these processes due to their great originality in
comparison with the already studied European models, on the other hand,
have stimulated the attention of scientists to the processes of formation of
state and law, given rise to various points of view that should be known.
The ways of law origin and its ancient sources (forms) are
of considerable interest. These include the Code of Hammurabi in
Babylon, the Manusmriti in India, the Law of the Twelve Tables in Rome,
etc. Equally interesting are the sources of law of ancient and medieval
Russia. But in general, the history of emergence and formation of the state
and law in different countries will be taught (and studied) in more detail
in the relevant history courses.
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1.2. Concept, features, functions of law and state
First of all, we should ensure understanding of the concept of
the political system of the society, its essential features and structure.
It is important to understand the causes and stages of development of
the political system, and highlight the general and the special features
in formation and development of political systems in different societies,
paying special attention to the characteristics of the political system
of Russian society.
The pride of place in the political system of the society goes to
state as the only organization with political power, interconnected and
interacting with other elements of the political system -parties, mass public
organizations, various associations, the church, territorial and labour
collectives, non-governmental, and mixed commercial structures. It is
also important to understand in what ways other elements of the political
system affect the exercise of political power (the influence on defining
the political line, participation in formation of state bodies, in performance
of state functions, etc.), for which organizations these or other ways are
specific. Special attention should be paid to the relations between the state
and political parties (associations) with commercial organizations. We
need to characterize and generalize the comparison of various political
systems of our time, including their regulatory framework, including
the legal aspect. It is customary to distinguish the following types of
political systems: democratic, autocratic, theocratic, transitional. It is
necessary to dwell upon the characteristics of modern states in relation to
their varieties such as totalitarian, authoritarian, liberal, and democratic,
paying special attention to the specifics of the modern, reforming state.
The reform of the political system of Russian society is the most
important means and the guarantee of ensuring transition to a democratic,
social, state of law and a civil society. Students need to know the main
content of this reform. Its main areas, including those related to law.
Copyright ООО «ЦКБ «БИБКОМ» & ООО «Aгентство Kнига-Cервис»
1.3. Form of state: form of government, form of government
structure, political regime
It is necessary to gain insight into the concepts of the form of
the state, which includes the following elements: form of government,
form of state framework, and political regime. The students need to
know the types of forms of government, state framework and political
regime, to be able to characterize each of them, making relevant examples.
For Russia, the problem of choosing between presidential, parliamentary
or mixed form of republican government, as well as the form of federal
framework, is relevant now.
The state, inter-state entities and various international institutions
are clearly determined by law in their manifestations. They are often very
much influenced by international law and are subject to international
legality, which imposes certain prohibitions and restrictions for the sake
of establishing international legal order. The UN, continental and other
unions of states, public organizations and social movements operate in
the international arena. The regulatory function of international law is
becoming increasingly effective. It is recommended to be well-versed in
mechanisms of legal support in relation to the most vital global problems.
It is important to know the role of international law enforcement agencies
and the place of the modern Russian state in them.
1.4. Concept, types, structure of legal rules
In this topic, it is necessary to understand, first of all, the concept of
the legal norm and its features.
Legal rules reflect social reality. They result from realization of
the need for its legal mediation, and the necessity to regulate social
relations by law. Legal norm has a certain essence, content and form,
occupying an independent position in the legal system. In legal norm, we
should distinguish logical, socio-legal, and volitional content.
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Copyright ООО «ЦКБ «БИБКОМ» & ООО «Aгентство Kнига-Cервис»
The essence of legal norm as the most profound, basic property
coincides with the essence of law as a whole, but the essence of legal norm
is not so obvious as the essence of law, since its essential manifestations
are limited to a certain type of social relations, the direct content of legal
norm is expressed in the information contained therein.
Signs of legal norm include: universality; general effect; formal
clarity; determination or authorization by competent state authorities;
ability to regulate social relations through the legal information contained
therein, the specific structure and, very importantly, state guarantee;
the provision of the coercive force of the state and the consciousness of
members of society; repetitiveness of operation.
The social purpose of legal rules and, consequently, their value
are determined by their regulatory role: they are to consolidate relations
that are necessary and desirable for the society and the state, they give
these relations stability and contribute to their development, protecting
them from violations and affecting undesirable for the society and
the government relations in order to limit, oust, and eliminate these
violations.
The structure of the legal norm is understood as the internal
structure of the norm, its constituent parts (structural elements), their
mutual disposition and relationship.
Legal rules, as well as any social norm, are constructed on the model
of conditional assumption: “if..., that..., otherwise...”.
It is necessary to learn to distinguish such structural elements of
legal norm as hypothesis, disposition and sanction in the rules of different
branches of law: administrative, civil, criminal, criminal procedural, and
others.
Legal rules go hand-in-hand, providing a total positive result, some
rules (regulatory) govern the positive actions of people, others (guarding)
protects against offenses. In each legal norm, directly or referentially,
but necessarily there are three elements—hypothesis, disposition and
sanction. The absence of sanction in regulatory norms does not mean
that they are not enforced by the state and its coercive power. The will
of the state is in all cases implemented through the rules containing
sanctions—the protective rules.
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Copyright ООО «ЦКБ «БИБКОМ» & ООО «Aгентство Kнига-Cервис»
The structural elements of legal rules in their composition
(structure) can be simple, complex, and alternative.
We need to pay attention to the ways and features of the presentation
of legal rules in the articles of a regulatory legal act, to the ratio of legal
rules and articles (parts, clauses, paragraphs) of regulatory acts. There are
simple, reference and blanket ways of presentation.
Depending on the degree of generalization of the factual
circumstances referred to in legal rules and the actions prescribed by them,
there are casual and abstract presentation of hypotheses and dispositions.
All these provisions need to be confirmed by examples of regulatory
legal acts (laws and by-laws).
For legal theory and practice of legal rules application, their
classification is important, especially their sectoral classification by
the subject of legal regulation, which is represented by a certain type
of social relations.
The classification of legal rules by the limits of their application is
connected with the legal force of regulatory legal acts containing elements
of rules, and with the competence of the state bodies issuing these acts.
It is necessary to know the characteristical features of substantive
and procedural law.
Legal rules need to be differentiated by their role in regulation
of social relations into regulatory (legislative), protective and specialized
ones. The latter are devided into the following types: general (constitutional),
definitive (containing definitions of terms and concepts), declarative
(program, goal-setting), operational, and conflicts-of-law rules.
According to the degree of binding, regulatory norms are divided
into mandatory and dispositive.
According to the scope of regulatory effect, legal rules are divided
into general, special, and exclusive.
According to the nature of the prescription contained in disposition,
they are divided into authorizing, binding, and prohibiting. There are also
incentive rules.
Classification of legal rules on this basis determines their wording
in regulatory acts.
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