Legal Linguistics <p><img style="width: 190px; float: left; margin-right: 15px;" title="Юрислингвистика" src="/public/site/images/alexander/curve_main1.png"><strong>ISSN (online version) 2587-9332.</strong></p> <p>&nbsp;</p> <p>The electronic open-access journal has been published quarterly since 1999.</p> <p>The journal materials are placed on the platform of the Russian Science Citation Index (RISC) of the Russian Universal Scientific Electronic Library.</p> <p>Journal Publisher - Altai State University.</p> <p>We used double-blind peer review for all the articles.&nbsp;</p> <p>Journal accept the manuscripts in Russian and English.</p> <p>&nbsp;</p> <p>The editorial board also accept manuscripts in&nbsp; those areas of the legal-linguistic field that require special efforts and which can be qualified as prospects for the organizational work of the editorial board. Among them, such as coverage of regional problems of legal science: extensive experience of municipal institutions on legal documents, experience of the media in the prevention and resolution of conflict situations, the work of judicial and investigative bodies related to speech practice - all these aspects of "local legal science" need in generalization and serious discussion. There is a considerable need for theoretical coverage of special issues of legal and linguistic activities, in particular, related to the legal consciousness of ordinary native speakers - law-abiding citizens, participants in the dialogue between the state and the people, which is carried out in the language of this nation. Everyday legal consciousness undoubtedly contains a powerful linguistic component, since the functioning of law in society cannot be carried out outside its linguistic being. Finally, the linguistic aspects of international law, legal translation, and conflictology of multilingual interaction need scientific understanding.</p> en-US <p>The authors, which are published in this journal, agree to the following conditions:</p> <p>1. Authors retain the copyright to the work and transfer to the journal the right of the first publication along with the work, at the same time licensing it under the terms of the Creative Commons Attribution License, which allows others to distribute this work with the obligatory indication of the authorship of this work and a link to the original publication in this journal .</p> <p>2. The authors retain the right to enter into separate, additional contractual agreements for the non-exclusive distribution of the version of the work published by this journal (for example, to place it in the university depository or to publish it in a book), with reference to the original publication in this journal.</p> <p>3. Authors are allowed to post their work on the Internet (for example, in a university repository or on their personal website) before and during the review process of this journal, as this may lead to a productive discussion, as well as more links to this published work (See The Effect of Open Access).</p> (Доронина) (Доронина Cветлана Валерьевна) Mon, 01 Apr 2019 00:00:00 +0700 OJS 60 TOWARDS THE “CRIME OF VIOLENCE” DEFINITION IN THE СRIMINAL СODE OF THE RUSSIAN FEDERATION <p>T</p> <p>The article is devoted to the study of the term «violence», which has no legislative definition, and in the academic literature is defined in different ways. The absence of definition in the dispositions of articles does not allow to unambiguously determine in each case the amount of violence involved, and which requires additional qualification. The article proposes two ways to determine the amount of violence in different cases. One of them is connected with the systemic interpretation of the norm in question, and the comparison of the characteristics of the elements essential and the qualifying characteristics. Another way is to compare the sanction of the interpreted norm with the sanctions of the norms establishing responsibility for the use of violence of the disputed volume in its pure form. The issue of dividing violence into physical and mental and ways of fixing these types in the dispositions of the norms of the Criminal Code of the Russian Federation is touched upon. The author notes that there is no uniformity of terminology when fixing these elements in the norms of the Criminal Code of the Russian Federation. The article ponders on the problem of the relationship between the terms "violence", "coercion" and "forcing." It is noted that legislators themselves in different norms lay a different meaning in these terms. It is proposed to understand “coercion” and “forcing” as synonyms. The lack of an official interpretation of the terms “violence dangerous to life and health” and “violence not dangerous to life and health” is criticized as well as the use of explanations provided for them. The author concludes that it is necessary to develop the concept of violence, which means the existence of a general concept, universal terms, general classifications and the scope of various types and forms of manifestations.</p> Nadezhda Tydykova Copyright (c) 2019 надежда владимировна тыдыкова Mon, 01 Apr 2019 00:00:00 +0700 “DISGUISE” MEANING IN FORENSIC LINGUISTIC EXPERTISE <p>The article deals with the issue of the scope and content of the concept of "disguise" in the context of forensic linguistic expertise from the perspective of terminological correlation with the phenomenon of cryptolalia. When defining the concept of disguise, it is proposed to be guided by a functional and pragmatic approach, that is, to focus primarily on the purpose for which a particular speech tool was used (speech technique, method of information transmission).In the case of masking, the main purpose is to hide information from third parties. Based on the linguistic works of V. P. Moskvin, in accordance with the above stated approach to the definition of the concept of disguise, the concepts of cryptolalia and eupheme as communicative phenomena opposed to each other by purpose and participants are distinguished. When сryptolalia is used participants are: the addressee, the addresser, the counterparty (third person from whom something is hidden); the goal is concealment of speech content from a third party; when eupheme is used participants are: addressee, addresser, sometimes a third party from whom the information is not hidden; the goal is the mitigation of undesirable names of objects and phenomena. When speaking of illegal activities of the participants of communication, a real or alleged representative of the law is seen as the counterparty (a third party from whom the information is hidden). Examples from expert practice demonstrate the use of alternative nominations to hide information about the subject of speech. In conclusion, it is noted that from the point of view of terminology the concept of masking in forensic linguistic expertise is correlated with the phenomenon of cryptology and denotes concealing information from the counterparty (third party) as the objective of communication achieved by various speech techniques and means of indirect communication.</p> Ekaterina Dailof Copyright (c) 2019 Ekaterina Dailof Mon, 01 Apr 2019 00:00:00 +0700 SOME FEATURES OF INTERROGATION IN TRIAL JURY ACCORDING TO LEGAL LINGUISTICS <p>&nbsp;The article discusses the necessity of understanding the provisions of the criminal procedure law from the point of view of legal linguistics, as well as the adaptation of legal terms and actions, including the formulation of questions during interrogation and for the verdict, for ordinary citizens, who may act as jurors.</p> <p>To solve this problem, it is proposed to ensure a combination of discretionary powers of the judge to formulate questions with giving the parties the opportunity to familiarize themselves with the written questions of jurors, as well as the possibility of objection in case of&nbsp; unjustified exclusion of these by the presiding judge. In addition, it is necessary to clarify of the requirements to the content of the instruction given by the presiding judge and addressing the assizers the only question about the guilt or innocence of the defendant.</p> Evgenia Zeidlits Copyright (c) 2019 Evgenia Zeidlits Mon, 01 Apr 2019 00:00:00 +0700 THE TERM “DIGITAL LAW” IN DOCTRINE AND LEGAL TEXTS <p>The legal system of Russia in recent decades has clearly faced the challenges of the global electronic economy. They are connected primarily with the fact that many groups of legal relations, which traditionally existed in the “material” form, are moving into cyberspace. It is not only about the large-scale digitalization of the sphere of sale and purchase, but also about those areas of law in respect of which their transfer to the Internet has never been assumed before (public services, electronic suffrage, etc.). If we add to this the criminal manifestations of the new digital reality, the problem stated will become even more obvious.</p> <p>The absence of any comprehensive legal regulation in this area or a minimal set of basic legal terms makes domestic legislation unprotected against the rapidly developing Internet law. The article proposes the authors’ understanding of the main problematic issues of the modern digital economy, as well as outlines measures for the state’s prompt interference in the most relevant areas of digital law: blockchain, cryptocurrency, smart contract, identification of Internet users and resolution of intranet disputes, cyber security and computer crime prevention. Modern Russia has obviously been among the countries lagging behind underway towards the world economy. The task, however, does not at all imply a simple copying of foreign legal experience or mechanical transference of it onto home grounds. It is necessary to come up with an original model of legal regulation of the problem. The formulation of the concept of “digital law” should be the first step towards creating such a model.</p> Anton Vasiliev, Jamalden Ibragimov, Rafail Nasyrov, Igor Vasev Copyright (c) 2019 Антон Васильев, Жамалден Ибрагимов, Рафаил Насыров, Игорь Васев Mon, 01 Apr 2019 00:00:00 +0700 CONCEPT OF GOOD FAITH IN THE LANGUAGE OF THE RUSSIAN LAW: HISTORY AND PRESENT <p>The article discusses the diachronic study of influence of national social and ethical values on the legal sphere. It allows to track development of moral and legal representations in the Russian culture. The language of the legal communication is learned as the objective reflection of the legal consciousness. The object of the research is the ways of the nomination of the concept of good faith in the language of the Russian law. There has been made a continuous sampling of the corresponding legal nominations from the codes, legislative and other acts. There has been discovered insufficient terminological definition of these nominations both in the legislation, and in special encyclopedic literature. The overlap of social-ethical and legal semantics in the concept of good faith is noted basing on common-language semantics and the contextual analysis, its proximity with the generic concept of legitimacy is shown. The history of development in the Russian legislation of the nominative group with «sovest» nucleus is reconstructed from the 18th century on. The linguo-cognitive analysis is made, the transformation of semantic structure of the nominations and their cognitive contents in the modern Russian legal consciousness is shown: decrease of the importance of the concept «conscience» and increase of the importance of the concept «law» is fixed in the semantics of legitimacy. The linguoculturological analysis is made, the axiological status of the concept of conscientiousness in the history and the present of the Russian right is defined. The signs of the ethnocultural identity of legal language consciousness in history and the present are revealed. The ethnocultural importance of the ethical concept «conscience», its historical link to concepts «soul», «good», «justice», «truth», «honesty» is noted. The ethnocultural image of the conscientious legal entity communicated by the Russian legislative texts throughout several centuries is reconstructed. The employment of this image is considered as the component of the speech strategy of integral impact on logical, emotional and belief spheres of the consciousness of a legal entity. There has been revealed the communicative-pragmatic risk when combining initial social-ethical meaning of good faith&nbsp; and its derivative for the legal sphere (effect of the insufficient accuracy of the legal instructions).</p> Lyudmila Popova Copyright (c) 2019 Людмила Попова Mon, 01 Apr 2019 00:00:00 +0700 THE ANALYSIS OF THE PRECEDENT EXPRESSION WITHIN FORENSIC LINGUISTIC EXPERTISE: RUSSIAN AND INTERNATIONAL EXPERIENCE <p>The discussion on the relevancy of linguistic expertise of precedent expressions looms large in contemporary scholarly discourse. On the one hand, precedent and metaphorical expressions are often cases at legal proceedings. On the other hand, linguistic phenomena of this kind often cause difficulties in for linguistic expertise, because it is more difficult to formalize the lexico-semantic level of the language than the phonetic, morphological or syntactic levels.</p> <p>Both Russian and foreign linguists have experience in performing expertise of such expressions. The article discusses two examples of the analysis of statements containing vocabulary with a figurative meaning, one of which demonstrates the peculiarities of linguistic expertise of precedent expressions in British judicial practice, and the second one reflects the experience of considering similar phrases in Russian linguistic expertise. The peculiarities of linguistic expertise in both countries are caused by differences in the expertise procedure and the tasks that the court sets for the expert.</p> <p>In Britain, the question of whether a metaphorical precedent expression is defamatory or not is determined through a two-step process. At the first stage, the judge decides whether the expression in question may potentially contain libel. The decision is made on the basis of the so-called “ordinary reader test”. At the second stage, the claimant gives his arguments, and then the burden of refutation of the arguments of the claimant passes to the respondent, who must convince the judge and / or jury that the phrase in question contains truthful data. The linguist’s help is involved only at the first stage of the legal process. In Russian practice, however, a linguist must consider a form of expressing negative information and answer the question whether a precedent expression can be part of a factual statement.</p> Eduard Budaev, Maria Voroshilova, Anatoly Chydinov Copyright (c) 2019 Эдуард Будаев Mon, 01 Apr 2019 00:00:00 +0700 LINGUISTIC EXPERTISE IN GERMANY <p>&nbsp;The article deals with linguistic expertise in the legal system of Germany. Despite the fact that this field of linguistic activity has existed in the judicial practice of Germany for a long time, the role of linguistic experts in Germany is limited to only some traditional areas. This situation is primarily due to the special court principles and the highly structured sources of legal information that judges use for making decisions. In many cases this enables them to analyse and evaluate linguistic issues without any help of a linguist. Furthermore, economic factors play an important role in laying out the scope of activity of linguistic experts. This concerns in particular expert licenses and expert fees. The article provides examples from two legal comments to Section 185 of the German Criminal Code (insult), which are tipical sources on which the court may rely when making decisions.</p> Maria Mushchinina Copyright (c) 2019 Мария Мущинина Mon, 01 Apr 2019 00:00:00 +0700 THE INCLUSION OF PENALTIES IN CONTRACTS FOR WORKER TRAINING AT THE EXPENSE OF THE EMPLOYER <p><em>This article analyzes the legal nature and content of the agreements for the training of the worker the employer's expense. It is concluded that the relationship between the employee and the employer, based on the agreements, do not go beyond the subject of labour law. The inclusion in the agreement of training conditions of civil law (including the enforcement of obligations arising from labour relations, civil law) is contrary to the labour legislation. In addition, stresses that in the legal literature and case law there is no convergence of views regarding the composition of the employer's expenses reimbursed in accordance with art. 249 of the LC RF. Code level is proposed to clarify which costs relate to costs associated with the training of the employee (or, on the contrary, indicate what costs the employer cannot be recovered).</em></p> Yulia Mikhailenko Copyright (c) 2019 Юлия Анатольевна Михайленко Thu, 27 Dec 2018 00:00:00 +0700 ON THE PARTICIPATION OF A LINGUIST IN COURT HEARINGS ON CRIMINAL CASES OF INSULTS TO THE REPRESENTATIVES OF AUTHORITIES <p><em>The article deals with discussing the practice of hearing criminal cases on insults to the authorities in the discharge of their duties or in connection with them. The problems faced by a linguist while identifying presence or absence of &nbsp;verbal insult in statements are considered on the material of&nbsp; witness and victim interrogation reports in cases of insulting the authorities. Article 319 of the Criminal Code of the Russian Federation «Insult of a representative of the authorities» considers the concept «insult» indicated in Article 5.61 of the Administrative Code of the Russian Federation, as well as in the void Article 130 of the Criminal Code of the Russian Federation as&nbsp; follows: «Insult is humiliation of the honor and dignity of another person, expressed in indecent form». Linguists and lawyers are unanimous in their opinion that this definition of insult is given in a too general form. Inaccurate interpretation of the concept «insult», and what is most important, the lack of the definition of «indecent form» leads to the ambiguity in referring to statements as offensive. This article discusses some of the words that are more often perceived by representatives of the authorities as offensive and that&nbsp;&nbsp; yielded initiation of proceedings. Article 319 of the Criminal Code of the Russian Federation states that insult as a speech crime implies addressing character of a controversial utterance, the presence of vocabulary related to the category «offensive», indecent form of expression of such vocabulary, as well as publicity. On the example of the analysis of a number of words given in this article, there is a clear contradiction between the everyday understanding of the word «insult» and «insult» as a subject to a legal regulation.</em></p> Galina Napreenko Copyright (c) 2019 Галина Викторовна Напреенко Thu, 27 Dec 2018 00:00:00 +0700 USE OF LINGUISTIC EXPERTISE OF PHARMACEUTICAL NAMES (“ANTIGRIPPIN” CASE STUDY) <p><em>The article is at the junction of two research fields: pharmaceutical naming and forensic linguistics. This is due to the fact that forensic linguistics includes not only legal but also linguistic aspects because the language is a means to express certain phenomena. The object of the research is one of the items on the pharmaceutical market. As this market keeps growing, there is always need in the nomination of a product so that it can be distinguished from all the rest. At the same time, the functioning of a pharmaconym is influenced by dynamic processes in the language, which in its turn may have a significant impact on protection of the name as an object of intellectual property. The article notes that, with various types of drug names defined by the law, the general criteria for all the types are uniqueness and lack of similarity with others in their spelling or pronunciation. However, since pharmaceutical naming and protection of the name as an object of intellectual property are matters of both linguistics and law, the article deals with practical application of linguistic knowledge to analyse the distinctive ability of a product name and to spot its transition to universal use, pointing out such cases as the “aspirin” lexical unit, with the product name no longer protected because of its becoming a generic name. The method of linguistic analysis is illustrated by the example of “antigrippin”, the word which is now undergoing the transition from a proper to a generic name. Using the case of “antigrippin”, we show that it is necessary to conduct a three-step linguistic study consisting of the analysis of lexicographic sources, the word structure, and the contextual use of the controversial naming unit.</em></p> Yulia Donskova Copyright (c) 2018 Юлия Викторовна Донскова Thu, 27 Dec 2018 00:00:00 +0700 SYSTEM-FUNCTIONAL SEMIOTIC APPROACH TO ANALYSIS OF POLICODE TEXT: CURRENT STATE AND FUTURE PERSPECTIVES <p><em>The significance of study of polycode texts is instigated by their employment for the propaganda of extremist and violent ideas in the Internet communication. The merit of studying poliycode texts is explained by the lack of knowledge about polycode texts in academic science and the weakness of methods for their expertise. It is known that semiotics of polycode text is more heterogeneous than monocode due to conjugation of graphic and verbal types of information. Therefore, modern approaches to the analysis of polycode texts refer to semantic, rather than lexical and grammatical units of text. The theoretical foundations are proposed basing on system-functional semiotics by M. Halliday. Following the provisions, all elements of the polycode text have a specific semiotic meaning. In the analysis, the polycode text is split into modalities of information, and then a complex notion of the whole text is synthesized. In addition, a systematic approach to the assessment of polycode text is based on the assumption that the meanings ​​of the verbal components of the text are complemented by the meanings ​​of the graphic component. Development of the system-functional semiotic approach has two promising perspectives. Firstly, it is overcoming the problems of the conflict of semiotics of heterogeneous information in the text, secondly, defining the role of the reader and understanding his contribution to the interpretation of the meaning of the text.</em></p> Kirill Zlokazov Copyright (c) 2018 Кирилл Витальевич Злоказов Thu, 27 Dec 2018 00:00:00 +0700 DISCUSSION ABOUT RIGHTS OF NATIONAL MINORITY AS THE OBJECT OF FORENSIC SCIENCE <p><em>The article expounds forensic practice of texts dedicated to inter-ethnic relations between Tatars and Russians and reactive texts dedicated to state national policy. The authors attention is drawn to the problem of distinguishing between legitimate protection of Tatars' rights from extremist actions. Authors are explaining peculiar origins of inter-ethnic conflict by discribing its stages of development in history. Features of national opposite discourse are described. The article reveals specificity of conflict between national minority and power of Kremlin. The nowadays situation in socio-political sphere in Tatarstan Republic is discribed. Theoretical basis of text research within the intergroup conflict is given. The concepts of "ethnos", "ethnic identity", "relative deprivation", "social setting" are explicated, the methods of providing psychological influence on the addressee are described. The article also adduces the technology for the complex forensic psychological and linguistic study of materials reflecting intergroup conflict interaction. Several groups of materials provided for the forensic examination are identified in accordance with the presence or absence of signs of extremist values as well as the matter of the actual addressee of text (representatives of state authorities, opponents in intergroup conflict or representatives of a "foreign" ethnic group.) When analyzing such materials, it is proposed to distinguish the main subject which the material is devoted to (it could be group of persons, discription of action or some ideology), the attitude of the author to the subject, and the author’s communicative purpose. The authors pay attention to the difficulties that may arise during the forensic studies and, relying the personal experience at this field, suggest ways to overcome them. At the same time, they distinguish linguistic and psychological features of materials containing so-called “extremist meanings”.</em></p> Dilya Khanzafarova, Ildar Abitov Copyright (c) 2018 Диля Ханзафарова, Ильдар Равильевич Абитов Thu, 27 Dec 2018 00:00:00 +0700 ABOUT SOME ASPECTS OF TRANSLATION THE INTERNATIONAL DOCUMENTS IN RUSSIAN LANGUAGE <p><em>The article is dedicated to</em> <em>the problems of the interpretation the international documents translated into Russian. The urgency of the work is confirmed by the tendencies of globalization and, as the consequence, the internationalization of law, which promotes active rulemaking and application the norms of international law. The authors descript the problems of interpreting Russian-language normative texts and, on this background, the doubly serious problem, which is associated with the interpretation of English-language texts translated into Russian. As the object for analysis, the European Convention of Human Rights of 1950 was chosen in the English-language and Russian-language versions. The choice of this document for study is justified by the statistical data, which confirms frequent use of the Convention in Russian judicial practice, as well as its significant influence on the development of the Russian Federation legislation. The study is carried out by comparing two texts of this international contract in English and Russian. The result of the analysis is the discovery of some inaccuracies in the translation of the fundamentally important provisions in the Convention, which may lead to incorrect application of the norms of international law. The authors come to the conclusion that mistakes in translation are the small phenomenon, but nevertheless serving as the indicator of the need to improve the existing technique of translating international documents into Russian. Today most of the recommendations on the technology of translation the documents are purely linguistic. It seems necessary to equip existing recommendations on the translation of international documents by the rules of legal nature. Therefore, it is important to work together with linguists and lawyers to develop rules for the translation of international documents.</em></p> Oksana Avilova, Yulia Pechatnova Copyright (c) 2018 Юлия Вадимовна Печатнова, Оксана Евгеньевна Авилова Thu, 27 Dec 2018 00:00:00 +0700 FOREGROUNDING AS A MEANS OF CREATING EXPRESSIVENESS: ON INTERPRETATION OF THE EXTRIMIST TEXTS (A CASE STUDY OF "WHITE ABC BOOK» PUBLICATION) <p><em>The article deals with the methods of creating foregrounding in the materials of extremist slant. Foregrounding as a means of creating expressiveness is studied. The author analyzes such means of foregrounding as title, extended description, non-traditional for modern Russian spelling of a word, addressing character, associativity. The material under study is the publication posted on the Internet - "White ABC-book". The features of "scientific" and "educational" genres used by the authors of extremist materials are considered. The article reveals the specificity of the ABC-book genre related to extremist materials. The analysis is carried out taking into account the genre of publication, communicative situation, and linguistic means of foregrounding as a way of creating expressiveness of the text.</em></p> Tatiana Berdnikova Copyright (c) 2019 Татьяна Владимировна Бердникова Thu, 27 Dec 2018 00:00:00 +0700 ANTI-CORRUPTION EXPERTISE OF MUNICIPAL REGULATORY LEGAL ACTS: STATUS AND SEARCH OF OPTIMAL SOLUTIONS <p>&nbsp;</p> <p><em>The article is devoted to the analysis of the current state of the institution of anti-corruption expertise of municipal legal acts and their drafts in the Russian Federation. Anti-corruption expertise is one of the strands of the state anti-corruption policy. A legal basis for conducting anti-corruption expertise has been formed in Russia within a relatively short period of time, however there are some shortcomings in the legal regulation of anti-corruption expertise of municipal regulatory legal acts and their drafts, which causes problems in its implementation. Unfortunately, it should be recognized that the legislator does not pay due attention to the issues of combating corruption at the municipal level. The Basic Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of the Organization of Local Government in the Russian Federation” contains only a small number of rules regulating anti-corruption activities and only regarding the issues of local importance in of all types of municipalities. &nbsp;The Federal Law of July 3, 2009 No. 172-ФЗ “On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts” contains legal and organizational bases of anti-corruption expertise of normative legal acts and draft normative legal acts in order to identify corruption-related factors and their subsequent elimination, The implementation &nbsp;of the norms of the given law raises more questions than answers. Thus, for example, a question arises if authorities of the constituent entities of the Russian Federation have legal power to conduct anti-corruption expertise of municipal regulatory legal acts, since the law doesn’t mention them as its subjects.</em></p> <p><em>As a result of the analysis of the existing legal framework and law enforcement practice, the author identifies the shortcomings existing &nbsp;in the institute of anti-corruption expertise, identifies their main causes and suggests ways to solve them.</em></p> Olesya Kazantseva Copyright (c) 2019 Олеся Леонидовна Казанцева Thu, 27 Dec 2018 00:00:00 +0700 THE LEGAL FRAMEWORK OF THE PUBLIC SERVICES PROVIDED BY EXECUTIVE BODIES AND OTHER AUTHORIZED ORGANIZATIONS: GENESIS AND DEVELOPMENT <p>The article presents a General description of the genesis of the legal basis of public services provided by the Executive authorities and other authorized organizations. Special attention is paid to the Constitution of the Russian Federation, the analysis of the provisions of the Budget code of the Russian Federation, the Tax code of the Russian Federation, the Civil code of the Russian Federation, and other regulatory legal acts of the Russian Federation and of constituent entities of the Russian Federation. The conclusion is drawn about insufficiency of fixing the mentioned relations in the Federal law <em>On The Organization Of State And Municipal Services</em> <em>Provision</em> and in other sources of the constitutional legal content.</p> Nadezhda Kandrina Copyright (c) 2019 Надежда Алексеевна Кандрина Thu, 27 Dec 2018 00:00:00 +0700 ON THE ISSUE OF EXPRESSING THE SEMANTICS OF ACTION IN LEGISLATIVE TEXTS <p><em>The article presents the results of the analysis of the texts of laws in regards to the frequency vocabulary, which conveys the semantics of action: nouns, verbs, participles, and gerunds. (The parts of speech are understood by the author basing on the views of Professor V. Beldiyan.) The noun is explored in terms of naming, productive / non-productive word-building, substantivization and homonymy. Attention is given to the names of subjects of legal discourse that convey the semantics of action. Verbs are considered in the aspect of the forms of exercising law (execution, use, observance), polytemporality. With the help of verbal forms, the norms of the law are formulated regardless of time frames. The law is mainly aimed to be in effect in possible future, and for subsequent events. In some cases, the semantics of the action extends to the past (when the past is viewed as real). There are given schemes and examples of word combinations marked according to the degree of necessity to perform an action expressed by the words given. Particular emphasis is placed on particles that differentiate and enhance the modality of the sentence. There are also given examples of set phrases used to convey the semantics of «will expression». Attention is given to nominalization. The participle and the gerund are considered as semi-predictive parts of speech. The frequency of participle usage is considered from the point of view of formal characteristics, manifested by the type of suffix. The gerunds are considered through the types of texts, and &nbsp;the multiplicity of additional actions, which can be expressed by the participial constructions. Attention is drawn to the fact that in a sentence with an &nbsp;adverbial participial phrase the main and additional actions can be expressed irrespective of the subject of volition. Particular attention is paid to specifying &nbsp;the semantics of action with the help of adverbs. The theoretical statements &nbsp;are illustrated by examples from the Russian Constitution, federal and regional codes and laws.</em></p> Marina Batiushkina Copyright (c) 2019 Марина Владимировна Батюшкина Thu, 27 Dec 2018 00:00:00 +0700 ON ANTI-CORRUPTION EXPERTISE, CONDUCTED BY JUSTICE INSTITUTIONS (ON THE EXAMPLE OF ALTAI KRAI): TOPICAL PRACTITIONER ISSUES <p><em>The article discusses topical issues of conducting anti-corruption expertise of normative legal acts and their drafts on the example of the Office of the Ministry of Justice of the Russian Federation for Altai Krai. Since 2009, the Office of the Ministry of Justice of Russia for Altai Krai has been an active subject of anti-corruption expertise in relation to regulatory legal acts (their drafts) of public authorities of the Altai Territory. The anti-corruption expertise carried out by the Department of the Ministry of Justice of Russia for Altai Krai is aimed at identifying and eliminating corruption-instigating factors that occur in regulatory legal acts (their drafts). In accordance with Federal Law No. 172-FZ of July 17, 2009, «On Anti-Corruption Examination of Regulatory Legal Acts and Draft Normative Legal Acts», the federal executive authority in the field of justice refers to entities whose duties include carrying out anti-corruption expertise along with prosecutorial authorities and law-making bodies of state power and local self-government. The results of the anti-corruption expertise carried out by the Department of the Ministry of Justice of Russia for Altai Krai are non-regulatory for the legislative bodies of Altai Krai. The analysis of the activity of the Office for Anti-Corruption Expertise within the period from 2015 to 2017 inclusive allowed us to identify the most common corruption-related factors encountered in normative legal acts of Altai Krai governmental bodies, to update the problems in the work of the Office when identifying corruption-related factors caused by imperfection of federal legislation, first of all, and also to offer ways of their tackling.</em></p> <p><em>&nbsp;</em></p> <p>&nbsp;</p> <p><em>&nbsp;</em></p> Olesya Kazantseva, Denis Trushchelev Copyright (c) 2018 Юрислингвистика Thu, 12 Jul 2018 00:00:00 +0700 GRAMMATICAL AND SYSTEM-BASED APPROACHES TO INTERPRETING THE LAW: THE NATURE OF INTERACTION <p><em>The article covers the nature and significance of the grammatical approach to interpreting the law and points out its primary role in interpreting legal texts. Grammatical interpretation has a complex structure. On closer examination, the verbal layer of the law proves to consist of, at least, several components such as lexical, syntactic, logical and stylistic. The basic, i.e. lexical component is clarified with “the golden rule” of grammatical interpretation: firstly, words and expressions should be assigned the meaning implied by a statutory instrument; secondly, in the absence of a legal definition, we should rely upon common professional (special) practice of the word usage; otherwise, we should apply to explanatory dictionaries of the Russian language (i.e. to a common meaning). Regardless of all significance of the grammatical interpretation, examples from the current legislation of the Russian Federation substantiate its lack of instruments that prevents an interpreter from going beyond the verbal layer of an interpreted law. An interpreter aided with a mere grammatical approach has neither desire nor is ability to go beyond the particular syntactically completed utterance. Such lack of instruments in grammatical interpretation should be tackled by other approaches to interpretation. First of all, it is the system-based approach that enables addressing the over-regulatory level. Unlike grammatical interpretation, the system-based approach is able to interpret not only the initial regulation but also other related regulations. System-based interpretation relies on the presumption of a logical unity of law and its meaning integrity is achieved due to the system saving function of interpretation.</em></p> <p>&nbsp;</p> <p>&nbsp;</p> Igor Vasev Copyright (c) 2018 Юрислингвистика Thu, 12 Jul 2018 00:00:00 +0700 COMMUNICATIVE SITUATION AND CONSITUATIVE MEANING IN CREOLIZED CONFLICT-INSTIGATING TEXT <p>&nbsp;<em>In the process of expertise of certain controversial texts, along with the concept of contextual meaning, there appears a phenomenon which seems appropriate to be called "consituative meaning". This article gives grounds to the methodological necessity of this term introduction into academic circulation. Consituative meaning is the meaning of word expressions (nominal expressions, verbal phrases, utterances) that goes beyond the prototypical signification of words and is implemented in the act of reference based on non-verbal signs in a certain communicative situation. </em></p> <p><em>With regard to the communicative situation, the creolized conflict-instigating text, functioning in social networks, appears in two forms. Firstly, it is a component of the communicative situation of the Internet communication, transmitting certain information; secondly, it is used as a factor to create a kind of artificial communicative situation, acting as a means of suggestive impact on the participant of the Internet communication. The article discusses the canonical and non-canonical situations of communication, which are re-created artificially in conflict-instigating texts to form consituative meaning of verbal means, which is aimed at inducing ethnic hatred. The features of the simulated communicative situations are highlighted from the point of view of the goals set by the initiators. For the canonical situation of communication, two addressees are identified-the addressee 1 in a fictional communicative situation and the addressee 2 in real Internet communication. In a non-canonical situation of communication, two addressees are distinguished-the addresser 1 as a hypothetical character of the simulated communicative situation, the addresser 2 is the author of the creolized text.</em></p> <p><em>In simulated communicative situations all sorts of non-verbal components are widely used -graphic symbols, photo and video images, sound images. They play a major role in generating consituative meaning.</em></p> <p><em>The devised theoretical principles have certain applied significance, which is clearly seen in the analysis of creolized texts selected from the documented practice of forensic examinations carried out by the author of this study.</em></p> <p>&nbsp;</p> Aleksandr Mayorov Copyright (c) 2018 Юрислингвистика Thu, 12 Jul 2018 00:00:00 +0700 DOCUMENTATION OF CRIMES, CAUSED BY SPEECH CONFLICT, IN THE «MILITARY ARTICLES» BY PETER I <p><em>In the era of Peter I there was a complex process of creating and unifying the terminological paradigm associated with crimes caused by verbal conflicts, the units already existing in the legislation were discarded, the new ones acquire a more unambiguous meaning and did not overlap with each other in the semantic plane, as it had used to be in the previous documents. An important distinction was made between the oral and written forms of insult or defamation, establishing the difference between «mockery» and «insult». The concept of the context of utterance appeared bringing different penalties for similar offenses depending on who and where committed the offense. At the same time, the tendency to expand jurisdiction through church litigation, founded by Tsar Aleksei Mikhailovich in the Decree of 1649 still remained, also the concept of personal, family honor and even honor of the military unit was expanded. «Honor» became one of the most important things for a person, along with property and life.</em></p> Aleksey Snigirev Copyright (c) 2018 Юрислингвистика Thu, 12 Jul 2018 00:00:00 +0700 ON INCORRECT USAGE OF MEDICAL TERMS IN THE DEFINITION OF SEXUAL OFFENCES IN THE CRIMINAL CODE OF THE RUSSIAN FEDERATION <p><em>The article is devoted to the issue of the correct usage of medical terms in the definition of sexual offenses. The author analyzes the relevance of describing such offences with the terms: «sexual intercourse», «sodomy», «lesbianism», «other acts of a sexual nature». The definition is given from a medical and legal point of view. The author speaks about the incorrectness of their usage in the text of criminal law because of different understanding of these terms in medicine and in law. The structure «other acts of a sexual nature» is criticized. There is uncertainty in the definition of offences because the list of such actions is open and unlimited. For this reason, the problem of distinguishing the terms «other sexual acts» and «sexual abuse» is difficult to resolve. They are not defined in law, and medical science does not use them. The author draws attention to the fact that the title of Article 134 of the Criminal Code is broader than its content. As a solution to these problems, it is proposed to abandon medical terms atypical for the law in the definition of sexual offenses. As an alternative to the current concept, the terms «acts of a sexual nature associated with penetration into the body cavity of the victim» and «acts of a sexual nature that are not related to penetration into the body cavity of the victim» are suggested. As a result of such changes, there will be no need for terminological separation of «sexual intercourse», «sodomy», «lesbianism» and subsequent clarification of their content. Such an approach, in the author's opinion, will allow to build a logical and consistent system of crimes that encroach on sexual freedom and sexual inviolability.</em></p> <p>&nbsp;</p> <p>&nbsp;</p> Nadezhda Tydykova Copyright (c) 2018 Юрислингвистика Thu, 12 Jul 2018 00:00:00 +0700 LEXICOGRAPHY AND LINGUISTIC EXPERTISE: PROSPECTS OF MUTUAL RELATIONS <p>&nbsp;<em>The article discusses the prospects of the relationship between the two areas of linguistics: lexicography and linguistic expertise. It explores the interaction and mutual influence of these disciplines in the plane of semantic analysis: linguotextology indicates the point of maximum interpretive tension, identifies individual words and typological groups of tokens that require the development of lexicography. Linguistic expertise is a customer of lexicographical product, its user, catalyst of problem situations, explicator of unsolved lexicographical questions, mediator between speech practice and lexicographical description of language. Lexicography is a manufacturer of lexicographical product, information processor, classifier, and qualifier, the mediator between the linguistic system and its user – linguotextology.</em></p> <p><em>There are three demands of linguoexpertology to lexicography: 1)&nbsp;clarification, correction of the meanings of long-known words; 2)&nbsp;definition of semantic volume and differentiation of the meanings of new words; 3)&nbsp;description of the meanings of words as part of stable semantic and grammatical structures.</em></p> <p><em>The article shows how specific expert situations lack descriptions of long-known words of the language. Many descriptions have not changed during the whole history of Russian lexicography, while the language is changing, and dynamic processes in the field of semantic relations require correction of definitions. No less attention is required to lexicography of words that have appeared in the language in recent years and cause a conflict of interpretations in expert practice. Also a unit of interpretation is introduced as a lexical-grammatical construction, the meaning of which has a specific semantics that require description.</em></p> <p><em>This material is aimed not only at identifying the weak points of linguistic expertise, where applied linguistics is looking for support in lexicography, but also to encourage the linguistic community to create a Bank of controversial interpretations, potentially able to become a source of transformation / specification of lexicographical descriptions.</em></p> <p><em>&nbsp;</em></p> <p>&nbsp;</p> <p><em>&nbsp;</em></p> Galina Ivanenko Copyright (c) 2018 Юрислингвистика Thu, 12 Jul 2018 00:00:00 +0700 APPLIED SCIENCE SEMINAR «ACUTE ISSUESS OF FORENSIC EXAMINATION OF EXTREMIST MATERIALS» <p><em>The seminar "Acute Issues of Forensic Expertise of Extremist Materials" was held at Russian Federal Center for Forensic Expertise. According to a fair statement of the hosts of the event, the challenging character of the selected topic, according to a fair statement by the organizers of the event, can not be overemphasized, since this type of expert study is one of the most frequent in the practice of SEP. On the other hand, the crimes for the investigation of which such an examination is conducted are of an increased public danger. The seminar featured reports of expert practitioners from the expert community of the Ministry of Justice, who updated the most complicated instances of applying forensic examination methodology to cases related with counter- extremism and counter- terrorism. Speech extremism as a phenomenon was deeply considered at the seminar: procedural problems were raised, as reflected in the requirements for expert findings dovumenting, the problems of applying expert methodology to texts of various speech genres, the issues arising at each stage of the expert study: identifying the subject of speech, its addressee, establishing the speech goal of the utterance and the distinction between the communicative goal of the author of the utterance and the publisher of the text.</em></p> <p><em>&nbsp;</em></p> <p>&nbsp;</p> <p><em>&nbsp;</em></p> Svetlana Doronina Copyright (c) 2018 Светлана Валерьевна Доронина Thu, 12 Jul 2018 00:00:00 +0700 IMPLEMENTATION AND PROTECTION OF THE CONSTITUTIONS (STATUTES) OF THE RUSSIAN FEDERATION SUBJECTS BY THE POPULATION <p><em>The article offers a general description of mechanism for the implementation and the protection of the constitutions (statutes) of the Russian Federation subjects. Special attention is given to the population as a subject of the constitutional law in this mechanism. Forms of implementation of constitutions (statutes) of the Russian Federation subjects are considered. Particular emphasis is made on the constitutional (statutory) courts of the subjects of the Russian Federation.</em></p> <p><em>&nbsp;</em></p> <p>&nbsp;</p> <p><em>&nbsp;</em></p> Evgeny Anichkin, Darya Sarapulova Copyright (c) 2018 Евгений Сергеевич Аничкин, Дарья Денисовна Сарапулова Thu, 12 Jul 2018 00:00:00 +0700 EVALUATIVE CONCEPTS IN THE CIVIL PROCESS <p><em>The article discusses the use of evaluative concepts in civil proceedings, as fixed both in the texts of normative acts and in doctrine. It has been proved that the absence of normative guidelines or concretization of the notion in acts of higher judicial agencies leads to contradictory judicial decisions, violates the uniformity of judicial practice and reduces guarantees for judicial protection of violated rights and safeguards. The authors classify and give general characteristics of categories that have blurred content. There are three groups of evaluative concepts: evaluative categories that are specified in the norms of the procedural code; evaluative concepts that do not have a normative definition, but are disclosed and specified in judicial acts of the highest judicial bodies of the Russian Federation; evaluation categories that are not disclosed both in procedural norms and judicial practice. The article emphasizes that established uniformity in the application of evaluation categories will minimize legal conflicts, gaps and contradictions, the multitude of which undermines the authority of the judicial power and violates the right for a fair trial.</em></p> <p>&nbsp;</p> <p>&nbsp;</p> Irina Rekhtina, Mikhail Bolovnev Copyright (c) 2018 Ирина Владимировна Рехтина, Михаил Алексеевич Боловнев Thu, 12 Jul 2018 00:00:00 +0700 THE TERM «ARTIFICIAL INTELLIGENCE» IN THE RUSSIAN LAW: DOCTRINAL ANALYSIS <p><em>The article deals with the legal aspects of the use of artificial intelligence technology. The authors note a weak statutory regulation of the use of artificial intelligence in Russia, taking into account the active and widespread introduction of this technology in various spheres of life. Developments in the field of artificial intelligence raise very serious ethic and legal issues. Several legal issues, such as the nature of artificial intelligence, the existence of legal personality, the problem of liability for damage caused by artificial intelligence, the impact on the legal profession, etc., need to be addressed. Particular attention is paid to the need of developing a legal concept of artificial intelligence in order to build an effective model of legal regulation. The article analyzes approaches to the definition of artificial intelligence in special and legal literature. The use of such concepts as neural networks, machine learning, super intelligence, supercomputers is noted. Special attention is given to the attempts of legal definitions in South Korea and the European Union. According to the results of the study, the authors proposed the following features of artificial intelligence: the presence of a technical device or cyberphysical system; ability to receive, process and transfer information; ability to work autonomously; self-learning based on the analysis of information and experience; self-awareness; thinking and the ability to make independent decisions.</em></p> <p>&nbsp;</p> Anton Vasilyev, Dariush Szpoper, Maigul Mataeva Copyright (c) 2018 Антон Александрович Васильев, Дариуш Шпоппер, Майгуль Хафизовна матаева Thu, 12 Jul 2018 00:00:00 +0700 DELETING INFORMATION IN THE INTERNET NETWORK AS A WAY OF PROTECTION OF HONOR, DIGNITY AND BUSINESS REPUTATION OF CITIZENS <p><em>The article examines the peculiarities and problems of implementing such a method of protecting honor, dignity and business reputation as deleting information from the Internet. This method is one of the new special ways of protection, captured in the Civil Code of the Russian Federation in 2013 by the Federal Law «On Amending Subsection 3 of Section I of Part One of the Civil Code of the Russian Federation». We analyzed Constitutional Court Ruling of the Russian Federation from 09.07.2013 № 18-P, which explained how to identify potential defendants when implementing this method of protection, since there is a question of who to prosecute, provided that it is impossible to identify the person who spread defamatory information in the Internet. The liability of individuals incurs regardless of whether the website is registered as a mass media or not. The nature of the above mentioned liability has been examined, as well as the possibility of taking measures to impose injunctive relief, which can curb the dissemination of defamatory information until a final decision is taken on the litigation. The article examines newly adopted normative legal acts that directly regulate the application and the further mechanism for implementing such a method of protection as the removal of information from the Internet. The article presents current court rulings linked to the protection methods investigated, states practical and theoretical problems of their application, proposes changes to the current legislation to eliminate existing deficiencies in the legal regulation of protecting the honor, dignity and business reputation of citizens.</em></p> Anna Selina, Yury Kholodenko Copyright (c) 2018 Юрислингвистика Fri, 08 Dec 2017 00:00:00 +0700 LINGUISTIC EXPERTISE IN ASCERTAINING THE DISTINCTIVENESS OF A TRADE NAME («SMART CREAM» CASE STUDY) <p><em><span lang="EN-US">The article discusses practical aspects of using special linguistic knowledge to analyse trade names. In particular, it shows how various kinds of linguistic knowledge can be employed in debates on ascertaining the distinctiveness of a trade name, with linguistic expertise being a tool of proof, which is due to the extralegal nature of the problem of ascertaining the presence/absence of the distinctiveness of some trade names. The problem is linked to the matters of cross-language interaction (calquing; impact of a foreign language on discursive practice et cetera), as well as to the processes of terminologisation and eponymisation. The case study of the «smart cream» collocation, which is widely used in the modern cosmetics discourse, shows the analysis procedure for names consisting of several elements, one of which has become a vernacular reference to a certain class of products.</span></em></p> Yulia Donskova Copyright (c) 2018 Юрислингвистика Fri, 08 Dec 2017 00:00:00 +0700 REFLECTION OF LAW OFFENSES CAUSED BY SPEECH CONFLICTS IN THE LEGAL DOCUMENTS OF THE DEVELOPMENT OF A UNIFIED MUSCOVITE STATE <p><em>The conceptual and terminological apparatus of the Russian law in the field of law offenses connected with verbal conflicts has passed through numerous stages of formation. The article analyses the legal system of Muscovite State from the beginning of its unification to the epoch of Peter the Great I (XV–XVII с</em><em>enturies).</em></p><p><em>During the period of the Grand Duchy of Muscovy there formed and got legally enshrined the understanding of intangible rights when damage inflicted can be not only physical but also </em><a href=";s1=%EC%EE%F0%E0%EB%FC%ED%FB%E9%20%F3%F9%E5%F0%E1"><em>non-pecuniary </em></a><em> or so called «disgrace».</em><em></em></p><em>New types of damage to the intangible rights of a person arise and get formalized, among them some types of «insults by action» cease to occupy the main place, while the offenses committed through the use of linguistic units become recognized. «Slander» ceases to be the main offense related to verbal conflicts, an important place is occupied by «insult», special attention is paid to «the sovereign’s word and deed» – offenses related to what is interpreted in modern legislation as «calls for the overthrow of the existing constitutional order». The period under discussion sees the complicated development of terminological paradigm binding crimes caused by speech conflicts. Old concepts are replaced with new ones, which yet do not have the full scope of meaning. The role of the context of an utterance becomes important and determines the legal penalty imposed.</em> Aleksey Snigirev Copyright (c) 2018 Юрислингвистика Fri, 08 Dec 2017 00:00:00 +0700 GERMAN COMMENTARIES AS A TEXT TYPE <p><em>The article considers peculiarities of German commentaries to the laws: their history and development of this type of texts, their function in the German legal system, and also their typology. In addition, some parallels with Russian commentaries are drawn. German commentaries are the most important source of information for lawyers in all areas of their activity. They create a connection between legal practice and jurisdiction. Commentaries accompany the lawyers beginning from the studies and during the entire professional life. Commentaries largely affect the legal process, the lawmaking, and the development of the legal system. They are of so much importance in the German legal system that they can form so-called "prevailing opinion" (herrschende Meinung) - an opinion on a particular issue, which most experts adhere to and which, as a rule, judges follow.</em></p> <p><em>Originating in the early 19 th century in the framework of scientific discourse, comments soon received application in the legal practice. The rich traditions of commenting make the highest demands on the structure and content of the commentaries. In the article, using the example of several commentaries for the German Civil Code (BGB), the distinctive features of their main types are considered. In particular, we are talking about the most detailed "large" commentaries (Großkommentare), "short" commentaries (Kurzkommentare), which are characterized by an extremely compressed representation of a large amount of information, "practical" commentaries (Handkommentare), for everyday use, and "educational" commentaries (Studienkommentare), which are made primarily for students of law.</em></p> Maria Mushchinina Copyright (c) 2018 Юрислингвистика Fri, 08 Dec 2017 00:00:00 +0700 PEOPLE OF OUR CZAR (TO THE METHOD OF ANALYSIS OF THE SEMANTIC AND GRAMMATICAL STRUCTURE IN LINGUISTIC EXPERTISE) <p><em>The article is devoted to semantic analysis within the framework of linguistic expertise. There has been developed an approach of interpretative analysis of the semantic and grammatical structures. The latter refers to linguistic units that either 1) exist as a grammatical construction with definite morphological characteristics of the components linked by particular syntactic relation, 2) have certain vocabulary scope of structures: generalized semantics of the model is detailed through a particular lexical implementation, and semantic implementations can be classified.</em></p><p><em>For example, the analysis of specific lexico-grammatical construction «people of somebody» (people of Petrov), which has become the subject of legal and forensic dispute, shows the position on this particular issue and gives grounds to the employment of the approach of semantic analysis of linguistic units in linguistic research for expert purposes.</em></p><p><em>Five stages of semantic analysis of a lexico-grammatical construction have been singled out:</em></p><ul><li>· <em>grammatical analysis of the generalized model (in this case it is a noun in the nominative case + noun in genitive),</em></li><li>· <em>analysis of a specified semantic-grammatical model, in which one syntactic position has a lexical meaning: the people of somebody,</em></li><li>· <em>analysis of the whole lexical structure of the model, taking into account the specific characteristics of the second word (whose people, where the second noun denotes an animate object),</em></li><li>· <em>interpretation of lexicalized model in the context of with its style, and the text meaning,</em></li><li>· <em>analysis of a structure with specific lexical content in the situational context and discourse.</em></li></ul><p><em>The mentioned stages form the approach to the semantic analysis of linguistic units of the type discussed above - the semantic and grammatical constructions. To understand these structures is more than just to interpret words, you should take each stage of filling the model with lexical content, and – most importantly – not to skip the stage of possible interpretations depending on the different characteristics of each component (concrete/ abstract, proper/ common, animate / inanimate), and also the style, the general meaning of micro - and macro-context and discourse.</em></p> Galina Ivanenko Copyright (c) 2018 Юрислингвистика Fri, 08 Dec 2017 00:00:00 +0700 SPEECH INFLUENCE IN FRIENDLIST TEXTS OF THE SOCIAL NETWORK <p><em>Texts of social networks allow studying the informal speech behavior and values of our contemporaries. The analysis of the surface syntactic frame of utterance shows how the addresser can influence the interlocutors, thus, the addressee should be able to analyze texts.</em></p> Elena Tikhomirova Copyright (c) 2018 Юрислингвистика Fri, 08 Dec 2017 00:00:00 +0700 INTERPRETATION AND APPLICATION OF CATEGORY "REASONABLE TIME" IN CIVIL PROCEEDINGS <p><em>The article examines the process of implementing a new institution of reasonable time for Russian civil procedural law, due to the ratification in 1998 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Complexities with definition, interpretation, criteria of application of this category are described. The correlation of this category with other legal concepts and constructions is analyzed. The problems of application and interpretation by Russian courts of reasonable terms in the consideration and resolution of specific civil cases are singled out. Special attention is paid to the issue of the ratio of understanding and interpretation of the category "reasonable term" in the acts of the European Court of Human Rights and acts of Russian courts. A conclusion is drawn on the need for a unified approach by the European Court of Human Rights and the Supreme Court of the Russian Federation in determining the category "reasonable term". Recommendations are proposed to improve the current procedural legislation and law enforcement practice.</em></p> Irina Rekhtina, Elizaveta Ruf Copyright (c) 2018 Юрислингвистика Fri, 08 Dec 2017 00:00:00 +0700 THE CONCEPT OF «JUSTICE» IN CIVIL PROCEEDINGS: LEGAL LINGUISTIC ANALYSIS <em><span lang="EN-US">The article deals with the interpretation of the concept of «justice» as a category of modern civil process from the point of view of philosophy, history, linguistics and law. The interpretation of the category of «fairness» in the judgments of the European Court of Human Rights, as well as the problem of the application of this subjective category by the national courts of the Russian Federation is analyzed. On the basis of the analysis and generalization of law enforcement practice, there have been singled out blocks of theoretical and practical problems of the application of the category «justice» that arise in the legal proceedings in Russian courts. The article suggests ways to address them, as well as provides directions for improving current legislation and judicial practice.</span></em> Mikhail Bolovnev, Elizaveta Ruf Copyright (c) 2018 Юрислингвистика Fri, 08 Dec 2017 00:00:00 +0700 THE ANALYSIS OF HYPONIMIC WORD RELATIONS IN THE LINGUISTIC EXAMINATION OF OFFICIAL TEXTS <em>The paper is devoted to one of the solution methods of a considerably rare problem faced by linguistic examination, which is specification of one concept</em> <em>inclusion within a group of other concepts. Basing on the linguistic examination of the memorandum of a housing saving co-operative and the act of the housing saving co-operative the article considers the issue of including the notion «mortgage» into the group of notions united by the collocation «activity types» of a housing saving co-operative. The analysis is done in several stages. At the first stage the lexical and conceptual analysis of the word «mortgage» is applied, as the result of which the spectrum of meanings of the word both in vernacular, economic and juridical communication is outlined. After that, notions included into the group «activity types» of a housing saving co-operative are defined, with attached dictionary definition of each word. The analysis of these notions and their comparison to the notion «mortgage» allows us to build a hyponymic chain and to spot the place of the word «mortgage» in the chain</em> Elena Abramkina Copyright (c) 2018 Юрислингвистика Fri, 08 Dec 2017 00:00:00 +0700 PRESUMPTIONS AND FICTIONS AS THE ELEMENTS OF THE TEXT OF THE NORMATIVE-LEGAL ACT <p><em>The article deals with the presumptions and fictions in relation to their technical and legal significance and the peculiarities of their capturing in the text of a statutory act. The case studies discussed in the article show that they can be captured both directly and indirectly in which case they can be identified only by interpreting text. At the same time it is noted that indirect presumptions must be transformed into direct ones for their better enforcement, and indirect fictions do not need this since no difficulties in their identification arise and this way of capturing is expedient for them. Fictions must necessarily be separated from negative fictitious phenomena since they as well as presumptions participate in the development of legal terms and due to their unique nature optimize not only legal regulation but also law-making work of a legislator thus contributing to linguistic economy, making the text of the statutory act concise, laconic and unambiguous all of which contributes to the compliance with the rules of legal technique imposed on it. Presumption in the meaning of an assumption with high degree of logical and historical probability is used not only in law but also in other sciences and everyday life where it functions as fiction by means of which the knowingly false is recognized as true in order to overcome the situation uncertainty and in order to propote normal development of social relations. Thus, presumptions and fictions are necessary elements of the text of a statutory act allowing to inform its sense to the addressees. </em></p> Anton Vasiliev, Olesia Zatsepina Copyright (c) 2018 Юрислингвистика Fri, 08 Dec 2017 00:00:00 +0700 LEGAL AND MANAGERIAL PAPER: COMPARATIVE ANALYSIS (on the material of solutions) <p>The work identifies essential features of an official-business text that are shaped by official and business text-forming principles based on comparative analysis functioning in different spheres of official-business written communication - judicial and managerial.</p> О. П. Сологуб Copyright (c) 2017 Юрислингвистика Tue, 11 Jul 2017 12:06:08 +0700 TRADEMARKS: THE SIMILARITY TO THE DEGREE OF CONFUSION <p>In the article on the basis of actual court cases is considered one of the problematic issues of linguistic examination of commercial signs - is the question of confusing similarity / differentiation homonymous commercial names, operating in the field of lingvomarketing.</p> Я. А. Дударева Copyright (c) 2017 Юрислингвистика Thu, 04 May 2017 22:16:21 +0700 ABOUT INTERPRETATION OF THE IDIOM СРАНЬ ГОСПОДНЯ WITHIN THE FRAMEWORK OF FORENSIC LINGUISTIC EXPERTISE <p>lThis article is dedicated to contextual analysis of semantics and connotations of the idiom срань Господня.</p><p> </p> М В Шибаев Copyright (c) 2017 Юрислингвистика Thu, 04 May 2017 19:44:51 +0700 CATEGORIES SIMILARITY, IDENTITY, DIFFERENCE IN THE SPEECH PRACTICE <p>On the basis of the linguistic expertise the author examines such categories as <br />similarity, identity and difference. The author analyses these categories to define more exactly <br />the notion “identity leading to confusion” which is widely used in the juridical linguistic <br />literature</p> О. Ш. Надибаидзе Copyright (c) 2017 Юрислингвистика Thu, 04 May 2017 19:31:05 +0700 IS ITS OWN IMAGE ABOVE THE FEDERAL LAW? <p>The author presents a linguistic examination made in response to the inquiry of the <br />Regional Information Agency «» in connection with the arbitration case concerning <br />the defence of the higher educational institution business reputation.</p> Л. E. Кириллова Copyright (c) 2017 Юрислингвистика Thu, 04 May 2017 19:17:16 +0700 BLACK PLAGUE: NOMINATIONS OF THE ENEMY IN THE EXTREMIST TEXT <p>The article deals with the forms and content of nominations of the enemy in the extremist texts. Against this background the key signs of extremism are revealed and the recommendations for conducting legal linguistic expertise in cases connected with extremist activities are given.</p> М. В. Ворошилова Copyright (c) 2017 Юрислингвистика Thu, 04 May 2017 18:48:28 +0700 PLAYING WITH WORDS: CONTEXTUAL ANALYSIS OF STATEMENTS AND OPINIONS <p>An example of complex analysis of statements and opinions is given. The main principle of analysis is contextual analysis, in other words the phrases were analized in the context of the article; the subsidiary principle is psycholinguistic analysis, which helped to prove the validity of the results.</p> М. Б. Ворошилова, А. П. Чудинов Copyright (c) 2017 Юрислингвистика Thu, 04 May 2017 18:41:57 +0700 ESTABLISHMENT OF THE SUBJECT SITUATION OF A CONVERSATION UPON CONDITION OF ELIMINATION OF THE TOPIC OF SPEECH (IN THE CONTEXT OF FORENSIC EXPERTISE) <p><em>Basing on expert case studies </em><em>the article demonstrates the expert approach to establishing / revealing the features of the subject situation of motivation upon condition of elimination of the topic of speech within the framework of the forensic linguistic expertise in drug and other patent substance trafficking proceedings.</em></p> Ekaterina Dailof Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 FORENSIC LINGUISTIC EXPERTISE IN CASES OF INSULT (AS EXEMPLIFIED BY PERSONAL FORENSIC EXPERTISE PRACTICE) <p><em>Basing on the texts of forensic linguistic expertise in cases of insult the article discusses the problems facing the forensic linguist, as well as the need to take into account the extralinguistic situation and pragmatic factors when analyzing the fact of insult.</em></p> Olga Ivanishcheva Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 PREVENTIVE JUSTICE – LINGUISTIC ASPECT <em>This article represents linguistic analysis of the term «preventive justice» in the sphere of notariat in order to protect the idea that notariat is the institute of preventive justice. Analysis by decomposition this term into parts is not applicable.</em> Elena Tarbagayeva, Yulia Moldovanova Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 TO THE DEFINITION OF THE CONCEPT «TAKEOVER» <p><em>Today in periodicals, journalism and everyday life one can hear a lot of stories about the hostile takeover of a particular enterprise, about the evil raiders tearing up the Russian economy, about the powerlessness of law enforcement agencies, their corruption and much more. But do we always correctly understand the essence of the processes in question? Historically, the function of creating unified competitive business environment and maintaining order in ownership relations is assigned to the state. Failure to comply or poor performance by the state of the function of coordination of competition is the reason for the occurrence of abusive practices of property redistribution. So in Russia as elsewhere in the world these instances are usually called "takeover". What is "hostile takeover", what does this concept contain , how to treat it correctly and in what cases it can be used in academic sphere and business vocabulary. The current legislation of the Russian Federation properly discloses neither the concept of acquisitions of legal entities, nor even its content. The article deals in detail with the problems of the correlation of such concepts as mergers and acquisitions. The authors note that, both in Russia and in foreign countries, there is currently no common understanding of the terms in the legal literature. Based on the analysis of various approaches, it is concluded that, despite some similarity with such a form of reorganization as a "merger", the concept of "takeover" cannot be recognized as a form of reorganization of a legal entity. As a result of the doctrinal and normative study of these terms, the authors propose the definition of the concept of "takeover".</em></p> Tatiana Philippova, Nina Mekhanoshina Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 PROTECTION FROM DEFAMATION UNDER THE US LAW <p><em>The article supports the need for further reforming the institution of protection from defamation. The acuteness of protection from defamation is determined by a number of factors. Firstly, the Supreme Court of the Russian Federation in the judicial review for the first quarter of 2017 indicated that it is necessary to prove the tortuous composition in order to compensate for reputational damages. Secondly, the Russian institution of defamation law has such problems as: defamation laws fail when trying to give sufficient weight to the right to free speech; even if the content of these laws is satisfactory, the practice of their application fails to give due attention to the right to freedom of expression; government officials and other persons abuse these laws; the judicial system does not always follow the case law of the European Court of Human Rights concerning freedom of expression and information; the media are not always liable. The European Court noted in a number of cases that domestic courts generally did not establish boundaries between the right to free speech and business reputation. Protection from defamation is considered to be the most developed in America. Many provisions developed by the American jurisdiction have been accepted by the European Court of Justice. All of the aforesaid, as well as the significance of those constitutional rights in question, confirms the need for a thorough study of foreign experience &nbsp;amendments to existing norms and jurisprudence.</em></p> Yury Kholodenko, Margarita Margolf Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 WAYS OF PROTECTING HONOR, DIGNITY AND BUSINESS REPUTATION, TO PREVENT FURTHER DEFAMATION <p><em>The article discusses ways of protection of honor, dignity and business reputation to prevent further spread of demaging information. This article states the peculiarities and problems of implementation of such methods of protection as the removal of defamatory information, as well as the suppression or prohibition of further dissemination of such information by seizure and destruction without any compensation copies of the tangible media containing the specified data made for the purposes of introduction into civil circulation, if the removal of information is not possible without &nbsp;destruction of such copies. Comparative analysis of these methods of protection &nbsp;with each other as well as with other means of protection has been implemented, for example, the article states the difference between the removal of relevant information (paragraph 4 of article 152 of the civil code) and deleting the same information in a network "the Internet" (paragraph 5 of article 152 of the civil code). The author of the article has compared the discussed ways of protection of honor, dignity and business reputation with general methods of protection provided for in article 12 of the civil code. Tthis paper deals with &nbsp;the newly adopted normative-legal acts that directly regulate the use of these methods of protection. The article presents the position of the supreme courts, as well as relevant judicial practice on the application of the examined ways of protection, reveales the practical and theoretical problems of their application, proposes amendments to the existing legislation to eliminate the existing shortcomings of legal regulation of protection of honor, dignity and business reputation of citizens.</em></p> Yury Kholodenko, Anna Selina Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 TERMS OF FOREIGN ORIGIN IN CONCEPTUAL FRAMEWORK OF CIVIL LAW AND LAW OF ARBITRAL PROCEDURE <p><em>The proposed article is devoted to the analysis of terms of foreign origin, which are actively used in the legal sphere, mostly in the conceptual framework of civil and arbitral procedures, both in scientific circulation and doctrine, by including into articles, monographs, scientific and general-audience publications, and in the official judicial practice when recording various kinds of judicial acts: definitions, decisions, rulings, judicial orders. The authors state common approaches and provisions regarding the rules and requirements of legal writing, upon that paying special attention to legal terminology, its concept, meaning, limits of use and types of legal terms. The article describes two ways of forming these terms in the Russian legal language, their subspecies are indicated, examples of borrowed foreign terms and categories are given. At the end of the article, the authors refer to both positive and negative points when borrowing and adopting legal terms of foreign origin.</em></p> Irina Rekhtina, Mikhail Bolovnev Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 Corrective interpretation of certain provisions of the criminal procedure law as a means of clarifying their exact meaning and correct application <p>The article describes the problem associated with the legislative process in the field of criminal procedural legislation. There are numerous blunders and inconsistencies that the legislator admits in the text of the Code of Criminal Procedure of the Russian Federation due to non-compliance with the requirements of legal techniques. Realizing that the legislator will never be immune from mistakes in accepting, changing and abolishing the norms of the criminal procedural legislation, the science of the criminal procedure has developed and offered the law enforcement agent a means of resolving the emerging problem situation when applying such norms in the form of corrective interpretation. With the help of this kind of interpretation, such subjects of the criminal process as the inquirer, investigator, prosecutor and the court will be able to correctly understand the meaning of the erroneous provisions of the criminal procedure code of the Russian Federation, which the legislator laid in them. The use of corrective interpretation will allow these entities to correct the mistakes made by the legislator in the text of criminal procedural legislation of a technical, semantic and logical nature, which will lead to the correct application of its current provisions.</p> Evgeny Petukhov Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 LEGAL TERMINOLOGY USED IN HEREDITARY LEGISLATION <p><em>This article discusses the usage of inheritance law terminology that does not correspond to the factual background. It is illustrated by sometimes misused names of two important subjects of relations that fall under the regulations of inheritance law: testator and inheritor, and surviving spouse. Legislator believes that one can carry out unlawful actions against the life and health of the deceased, that is the testator, they believe that the deliberate unlawful actions may be carried out against the inheritor that does not exist yet because they only appear in case of potential testator’s death. A person carrying out unlawful actions against life and health of the potential testator and other potential inheritors cannot lose the right to inherit because they technically do not yet have this right. According to the above mentioned, the right of the potential inheritor to inherit cannot be restored by the will of the potential testator. The erroneous terminology enshrined in the law leads to the misinterpretations of some provisions of law by the Judicial Authorities. Thus, the Constitutional Court of the Russian Federation believes that the testator, that is deceased, has the right to devise and bequeath and the right to inherit. The Supreme Court of the Russian Federation also uses the above mentioned erroneous terminology. This shows not only legislator’s misconceptions but also errors in the doctrine. Specialists in civil law ignore terminology in the numerous dissertations, monographs, books, comments and articles. Alike the law they do not distinguish between testator and potential testator, inheritor and potential inheritor, the legal capacity to inherit and the right to inherit. Some of the recent works say that the legal capacity to inherit appears together with the right to inherit. Despite the letter of law there is also an opinion that the inheritor appears after accepting the inheritance not at the opening of the inheritance. Thus, we can conclude that a wrongly expressed legislator’s idea leads to mistakes in law enforcement and doctrine.</em></p> Aleksandra Kazanrseva Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 THREE MYTHS IN MATTERS OF EXPERTISE OF OBJECTIVE AND SUBJECTIVE <p><em>The article considers the definition issues of the subjective and objective nature of the information in linguistic expertise. One linguistic unit can combine both objective and subjective components of the meaning. The task of the expert linguist is to separate them taking into consideration the semantics of the utterance, its grammatical features and context. Differentiation of the objective and the subjective needs to take into account the everyday perception of the statements, based on the concept of reality. </em><em>Two levels are offered to separate the objective and the subjective components of the meaning, one of them is cognitive and semantic, and the other is lexical and grammatical. On the first level concrete meaning is opposed to abstract, as well as clearly marked meanings are contrasted to obscure within concrete meanings. On the second level statement is opposed to supposition. Modality is understood as practical cognitive category which reflects the idea of the text about the link between the reality and the events described in the text.</em></p> Galina Ivanenko Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 TYPES OF COMMUNICATION FAILURES IN ADVERTISING <p><em>The article describes an advertising communicative model and examines the types of communicative failures in modern Russian advertising bas</em><em>ing</em><em> on methods of linguistic description and interpretation. Direct linguistic observation and systemic description of linguistic material is complemented by discourse and medialinguistic analysis. The study is of an interpretative nature.</em></p><p><em>Advertising communication uses many forms of influence on the addressee and </em><em>means of dissemination of information, such as promotional, agonal, and manipulative. Since it is part of not only marketing but also the cultural sphere of public life, it also has a communicative, aesthetic and ethical value along with a commercial one. Communicative failure is interpreted as low recognition and memorability of the advertising work, as well as its unassailability, public disapproval and contradiction with the norms of morality and law. The reasons for failures in advertising can be insufficient account of the nature of the addressee, incorrect use of linguistic and visual means, as well as pragmatic factors.</em></p><p><em>Bas</em><em>ing</em><em> on the analysis of advertising works of different genres, the typology of communicative failures in advertising can be represented as follows:</em></p><p><em>1. Dissonance of the mental worlds of communicants:</em></p><p><em>A) the contradiction of the cultural tradition;</em></p><p><em>B) the use of precedent phenomena, actualizing negative historical memory, causing negative associations or violating norms of ethics;</em></p><p><em>C) non-recognition of precedent phenomena.</em></p><p><em>2. The nature of the communicative text:</em></p><p><em>A) use of constructions with language negation;</em></p><p><em>B) ambiguity;</em></p><p><em>C) non-normality.</em></p><p><em>3. Circumstances of communication:</em></p><p><em>A) unsuccessful choice of the location of advertising;</em></p><p><em>B) violation of the compositional integrity of the advertising work (isolation from the context);</em></p><p><em>C) "imposed" context;</em></p><p><em>D) incorrect design.</em></p><p><em>All three types of communicative failures are subject to legal regulation - articles of the Federal Law. The legalization of advertising communication provides mechanisms for the impact of society on the advertising industry and creates the conditions for translating the communicative communicative model into an interactive one.</em></p> Irina Vysotskaya Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 ON THE STATUS OF WORD "BESTOLOCH" (WALLY) IN THE RUSSIAN LANGUAGE AND ITS INTERPRETATION IN LINGUISTICS AND JURISPRUDENCE <p><em>The article deals with the functioning of the word bestoloch (wally) in the modern speech of native speakers of the Russian language, variants of its analysis by linguists in the course of linguistic expertise and its еvaluation by lawyers in court proceedings.</em></p> Oksana Zuga Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 LAW OFFENSES CAUSED BY QUARRELING AS REFLECTED IN THE LEGAL DOCUMENTS OF KIEVAN RUS IN THE PERIOD OF THE FEUDAL FRAGMENTATION <p>The conceptual and terminological apparatus of Russian law in the field of offenses connected with verbal conflicts has passed through numerous stages of formation and rethinking. At the discussed initial stage in the formation of the legal framework, it is difficult to expect those concepts and terms that we meet in modern legislation, characteristic of civil and legal society. Concepts and terms do not yet have strict definitions; often interpretations of the same concept in a context can not only differ, but also contradict each other in some way. However, the analysis induced the following conclusions:</p> <p>- &nbsp;understanding of the person's intangible rights begins to form and becomes legally recorded, when the damage can be inflicted not only physically, but also morally, which is reflected in the concept of “dishonor”;</p> <p>- the types of damage to the intangible rights of the person appear and become recorded, among which the main place is occupied various types of "assault and battery", with the awareness of the offenses committed through the use of language units already beginning to form;</p> <p>- the main type of violations related to verbal conflicts becomes "slander," that means &nbsp;understanding of the denotative and significative space, of objective and subjective reality and responsibility for statements that do not refer to the &nbsp;situations of reality, but claim to do so.</p> Alexey Snigirev Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 ON THE ISSUE OF INTERLOCUTOR MUTUAL UNDERSTANDING AS APPEAR IN FORENSIC EXPERTISE OF THE TEXTS LINKED TO CORRUPT PRACTICES <p><em>The article is dedicated to one of possible options of methodology of forensic expertise of the texts connected with corruption practices. The expert is challenged to &nbsp;define a topic of conversation, its contents, to trace existence of mutual understanding between interlocutors.&nbsp;&nbsp;</em></p> Yulia Litvinenko Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 VERBAL AGGRESSION: FROM COMMUNICATION ERRORS TO THE OFFENCE <p><em>The article deals with the peculiarities of verbal aggression under modern conditions of communication. It states unconscious and conscious types of verbal aggression. Unconscious verbal aggression provoked by the low level of culture of communicants, inability to control their behavior in an emotionally demanding situation and the inability to foresee the consequences of communication acts as the primary form in the mind of the individual, provoking the existence of further deliberate verbal aggression of different levels of social danger. The study outlines and discusses three types of such aggression: compensatory, ignorant, and occasional. Conscious use of the contentious texts may have a different subjective position: from the communication necessary to ideologically driven. This also determines its division into three types (communicative, social, ideological), the content of which is analyzed from the perspective targets of the sender. It is noted that not all manifestations of verbal aggression can be considered an offence, as part of communication strategies involves the use of elements of aggressive behaviour in the process of communication, not carrying public danger. There are differences between the expression of insults and their identification as offense. Thus special attention should be paid to such communication, which is a public danger and is detrimental both to the society as a whole and its individual members. The article explores the relationship between the form of expression of aggression in the speech of the individual and the degree of public harm from insults to verbal extremism. A special role in the process of interpreting the text of the addressee is actualized, which is not only a passive object of aggression on the part of the author of the text, but also an active interpreter, on whose abilities depend the results of the communication process. </em></p> Natalia Gromova Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 DOCUMENT COMMUNICATION IN THE CONTEXT OF LINGUISTIC EXPERTISE <p><em>The article discusses the problem at the junction of records management, linguistics and jurisprudence - the problem of the quality of texts of official documents, first of all - documents that have legal force</em>. <em>Classifying documents into official and other is based on the property of the document to influence legal relations, or to have legal force. The notion of "legal value of a document" applied in records management is applicable both to official documents and to other documents. According to the authors, the fundamental difference between the indicated properties of documents is the temporal correlation of the processes themselves: the appearance of the document and the occurrence of an event or action with which the document is linked by legal force or legal value: the legal force links the document to events or actions that occur, as a rule, after enaction of the document, and the legal value links the document to the events that occurred / actions committed. The line between the two processes that cause the manifestation of the specified properties of the document is very unstable. At the same time, one document can have both legal force and legal value. Texts of official documents that have legal force most often become subjects of linguistic expertise, since their own legal and social value is higher than that of all other documents. But the very property of legal force in different types of documents is different and depends on the legal status and competence of the author (authors) of the document, and on its functional purpose. In the practice of linguistic expertise of document texts, one distinguishes the expertise carried out at the design stage of the text of the document and the expertise carried out at the stage of its application: in the first case, the preventive function of the linguistic expertise is manifested, in the second case- the detective. Linguistic expertise of document texts, according to the authors' conclusion, should receive a clear institutional status in document communication and in the system of state and municipal management, and at the corporate (local) level.</em></p> Olga Kushnir, Ivan Martyshev Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 WAYS OF REPRESENTATION OF MAIN SUGGESTIVE STRATEGIES AND TACTICS IN LAW DISCOURSE <p><em>This article is devoted to the research of the mechanisms of suggestive influence represented in professional lawyers – prosecutors and attorneys – speech within the English law discourse on the material of a particular witness interrogation part of the court procedure. Some basic suggestive strategies and tactics used in this step and brief characteristics of their intentionality and ways of representation are presented.</em> <em>It is stated that suggestion as a means of persuasion and manipulation on a psyche is possible only due to the existence of a certain mechanism which gives a person an opportunity to perceive the suggested influences and reflect them.&nbsp; The authors suppose that the analysis of an effective manipulation of professional opponents – a plaintiff and a defendant (some basic suggestive-psychological algorithms used at the opening statement as well as suggestive strategies, tactics and methods applied) might considerably enhance the perspectives of studying characteristic features of law discourse thus allowing to get closer to the understanding of how a person’s brain works as well as the nature of consciousness and subconsciousness together with the anthropocentric approach aimed at realization of manipulation/suggestion within the situation of an institutional communication.</em></p> Veronika Katermina, Tatiana Safronova Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 "DEGREE OF SIMILARITY CLOSE TO CONFUSION ": LINGUISTIC ASPECT <p><em>This paper describes a semiotic mechanism for creating trademarks that are similar to each other to the point of confusion. Correlations with legal notion of «confusing similarity " are searched for in the field of Communication. We mainly emphasize the probability of misleading the consumer about the origin of the goods. In combined trademarks, the similarity is advisable to be determined through the various components of the structure and through the functioning of the trademark. A formal-semantic similarity of the trademarks can be considered as paronymy - a motivated substitution of one name for another in the speech functioning. Other trademarks can be considered as paronomasia, because they are similar to each other only graphically and phonetically. The article classifies the methods of creating trademarks that are similar to the degree of confusion. The suggested properties of the presented methods, in our opinion, are not identical, and their measurement requires experimental research.</em></p> Svetlana Doronina Copyright (c) 2017 Юрислингвистика Thu, 15 Dec 2016 00:00:00 +0700 ON THE VERGE OF A VIOLATION OF THE PRESUMPTION OF INNOCENCE (BASED ON MEDIA NOMINATIONS OF PERSONS SUSPECTED OR ACCUSED OF CRIMES <span>The article analyzes the methods of designating persons suspected or accused of crimes in the media. Such designations are considered from the perspective of their compliance with the presumption of innocence as a constitutional principle. Journalists often misunderstand the term "suspect", "accused" and violate the principle of presumption of innocence, calling the "killer" or "robber" citizen "of the suspect in the killing," or, respectively, "the suspect in the robbery." As a result, the study of a particular category of the material highlighted several groups of nominations of persons on the basis of varying degrees of legal risk for journalist.</span> Н. Д. Голев Copyright (c) 2017 Юрислингвистика Mon, 12 Jan 2015 00:00:00 +0700 ABOUT EXTORTION <p>This article examines the linguistic features of extortion threats. Material research were phonograms, during which it was established listening speech content that is evaluated. The analysis of phonograms revealed implicit and explicit means of expression of linguistic signs threat.</p> Н В Обелюнас Copyright (c) Mon, 17 Dec 2012 00:00:00 +0800 SOME ASPECTS OF THE RELATION OF LINGUISTIC THEORY AND LINGUISTIC EXPERTISE IN THE DOCTORAL THESIS M.A. OSADCHY "PUBLIC SPEECH COMMUNICATION IN TERMS OF LEGAL RISK MANAGEMENT" <p>The article identifies some methodological features of the doctoral dissertation of M.A. Osadchy, analyzed the proposed M.A. Osadchiy the concept legitimee, the concept of "base frame", a set of tactics of conducting communication, etc. in the aspect ratio of linguistic theory and linguistic expertise.</p> А Н Баранов Copyright (c) Mon, 17 Dec 2012 00:00:00 +0800 AUTOMATIC AUTHORSHIP IDENTIFICATION ALGORITHM OF WRITTEN MATTER IN THE FORENSIC EXPERTISE <p>The article deals with the search for the most objective method of text attribution for forensic expertise. In the study was made an attempt to integrate interpretation methods of text analysis with the methods of mathematical statistics and probability theory.</p> А Ю Хоменко Copyright (c) Mon, 17 Dec 2012 00:00:00 +0800 EPISTEMOLOGICAL BASES OF DISTINGUISHING BETWEEN FACT AND OPINION WHEN DETERMINING THE DEGREE OF EPISTEMIC RESPONSIBILITY <p>The article deals with epistemological bases of epistemic responsibility of the subject of speech and thought, analyses the dichotomy of factographic and assessment-based judgements and their correlation with the degree of epistemic responsibility.</p> А И Чепурная Copyright (c) Mon, 17 Dec 2012 00:00:00 +0800 ON THE PROBLEM OF LINGUISTIC EXPERTISE IN MULTILINGUAL REGIONS <p>The article is dedicated to the problems language experts face in RF regions with several officially spoken languages. The cases related to the difficulties of polysemantic words translation as well as the translation of certain realities of the modern world having no respective names in the national languages are subjected to the analysis.</p> И М Балова Copyright (c) Mon, 17 Dec 2012 00:00:00 +0800 CONCEPTUALIZATION AND SYNTACTICAL REPRESENTATION OF A SITUATION (AS SEEN IN THE ENGLISH LANGUAGE) <p>The article, analyzing English utterances about a person’s emotional state, considers the main features of conceptualization of а situation and ways of representing the knowledge of the situation in the syntactic structure of the utterance. The author reveals factors determining ways of interpreting a situation and choice of structural patterns for utterances about this situation, examines peculiarities of metaphorical conceptualization and syntactical representation of an abstract situation. Types of propositional models mapped onto concepts of abstract situations (emotion experiences) are described; kinds of regular correspondences between the source-domain and the target-domain in metaphorical mappings are disclosed.</p> C E Кузьмина Copyright (c) Mon, 17 Dec 2012 00:00:00 +0800 LEXICAL INNOVATIONS IN THE GERMAN BLACKMAIL LETTERS <p>The article is devoted to the investigation of occasionalisms and neologisms as innovation lexical units in the German blackmail letters. The main characteristics, role and functions of new formations have been defined; the principles of their differentiation were distinguished.</p> А Л Сармина Copyright (c) Mon, 17 Dec 2012 00:00:00 +0800 ABOUT CROSS INTERROGATION IN RUSSIAN CRIMINAL PROCESS <p>Execution of cross interrogation in the legal meeting is discussion problem of criminal legislation. In this article analysed experience execution of cross interrogation in the foreign countries and in Russia, discerned practice of European Court by laws of persons, showed a necessity entering changes in the criminal legislation about possibilities of cross interrogation in the legal investigation.</p> Н. В. Осодоева Copyright (c) 2017 Юрислингвистика У ИСТОКОВ НАЦИОНАЛЬНОЙ ЮРИСЛИНГВИСТИКИ – ПЕРВАЯ РАБОТА В. Д. КАТКОВА В статье рассматриваются основные философско-правовые идеи первого в мире юриста, который стал систематически исследовать язык права, украинского теоретика права Василия Даниловича Каткова (1867–1919) С. Э. Зархина Copyright (c) 2017 Юрислингвистика ЛЕКСИЧЕСКИЕ СРЕДСТВА РЕАЛИЗАЦИИ АРГУМЕНТИРОВАНИЯ В АДВОКАТСКОМ ДИСКУРСЕ <p>Статья посвящена исследованию языкового воплощения ргументирования в судебном адвокатском дискурсе. Аргументативное воздействие рассматривается с точки зрения использования трех типов апелляций: к эмоциям, ценностям и интеллекту. В статье рассматриваются виды данных апелляций, их функции и лексические средства их реализации.</p> М. А. Гладко Copyright (c) 2017 Юрислингвистика К ДИСКУССИИ О МЕТОДИКЕ ПОСТРОЕНИЯ ЗАЩИТИТЕЛЬНОЙ РЕЧИ: КОММУНИКАТИВНО-ПРАГМАТИЧЕСКИЕ БЛОКИ И ТАКТИКИ (НА МАТЕРИАЛЕ АНГЛИЙСКОГО ЯЗЫКА) В статье автор рассматривает проблему построения защитительной речи и предлагает развить методику коммуникативно-прагматических блоков посредством выделения в составе блоков специфических тактик. Используя современный английский материал, автор показывает значимость данной методики. Т. В. Дубровская Copyright (c) 2017 Юрислингвистика POLITICAL ADVERTISING AND PRE-ELECTION CAMPAIGNING: VIEW OF THE LINGUIST-EXPERT <p>The article deals with the objectives of forensic linguistic examination of electoral <br />information support, difficulties in research of this unhomogenous segment of political discourse, <br />conditioned by interference of pre-election campaigning and political advertising as an <br />unregulated area, not subject to forensic linguistic examination</p> Е. С. Кара-Мурза Copyright (c) 2017 Юрислингвистика LINGVO-LEGAL SPACE OF THE TEXT: FORMULATION OF THE PROBLEM (ON THE MATERIAL OF ANALYSIS OF LINGUISTIC EXPERTISE REGIONAL ORGANIZATION ‘ASSOCIATION LINGUISTS-EXPERTS ON COMMUNICATION DISPUTES’) <p>The article deals with the problem of the text lingvo-legal space components on the <br />basis of analysis of linguistic expertise, this space can be modeled as a level structure of <br />language and discourse means. It is pointed out that the reconstruction of lingvo-legal text <br />space will determine the underlying intention of the author and / or communicative intention <br />of the speaker (if the text is a record of oral language), describe the nuances of meanings of <br />invective words because in certain situations abusive words can change their direction</p> Т. А. Сидорова, Е. Н. Егорова Copyright (c) 2017 Юрислингвистика ABOUT THE CONTENT OF SOME BASIC TERMS IN SPECIAL LANGUAGES (ON THE BASIS OF THE LELAL LANGUAGE) <p>The article describes concepts such as term, concept and terminological denomination<br />which are key concepts for characterizing languages for special purposes (LSP). Furthermore, <br />definitions of these concepts are proposed on the basis of empirical approach to the research <br />of terminology.</p> Maria Mushchinina Copyright (c) 2017 Юрислингвистика LEGAL PERFORMATIVE UTTERANCES IN THE TEXT LINGUISTICS <p>The article deals with the following problems: performatives among other speech acts, <br />legal text as genre, categorial characteristics of utterances, textual and extratextual indications <br />of performativity, predicative modal expressions in normative utterances, indications of <br />modality and directivity, correlation of performativity, modality and directivity</p> А. А. Скорофатова Copyright (c) 2017 Юрислингвистика SECURITIES MARKET FRAUD: SEMANTIC AMBIGUITY OF THE LEGAL CONCEPT <p>The article deals with the concept “fraud committed on securities market” through the <br />representation of criminal law as science, academic discipline, and branch of legislature. The <br />author concludes that their contents are not identical and suggests overcoming this ambiguity.</p> А. Ю. Рябова Copyright (c) 2017 Юрислингвистика MISREPRESENTATION: RECEPTION OF TRICK OR EXPRESSIVENESS? (ON THE BASIS CONFLICT OR POTENTIAL CONFLICT OF MEDIA TEXTS) <p>The article is devoted to the study of "risk areas" of media texts, whether due to <br />conscious or unconscious introduction of misleading the reader with linguistic signs. Special <br />attention is paid to the ratio of factual and attitudinal information. Acceptance of misleading <br />regarded publication as a way to create emotiogenic situation and how the trick based on the <br />analysis of texts and linguistic experiment.</p> Т В Чернышева Copyright (c) 2017 Юрислингвистика ANALYSIS OF THE SYNTACTIC LEVEL OF OFFICIAL DOCUMENTS INVOLVED IN THE FIELD OF LEGAL LINGUISTICS <p>The article deals with the examples of legal norms interpretation taking into account <br />the syntactic aspect of the official style of the Russian language. Syntactic analysis is <br />allocated as a separate independent element of the grammatical interpretation of legal <br />documents, as it is in the syntax laid the foundations of the legal language.</p> Т. И. Матвеева Copyright (c) 2017 Юрислингвистика THE CLASSIFICATION OF LINGUISTIC EXAMINATIONS IN THE LEGAL LINGUISTICS <p>This paper presents linguistic examination classifications which are applicable in legal <br />linguistics. We have considered specific character of complex linguistic religious examination <br />and have designated the problems appearing in the examination process.</p> М. В. Аблин Copyright (c) 2017 Юрислингвистика THE PRACTICE OF USING THE LINGUISTIC EXPERTISE WHILE PROVING DRUGCRIMES COMMITTED BY THE GROUP OF PERSONS <p>The article deals with the peculiarities of verbal behavior of communication <br />participants, involved in the sphere of illegal drug trade. The order of the linguistic analysis of <br />telephone talks is suggested and the peculiarities of the leader’s speech style are pointed out.</p> М. А. Балаш, А. В. Коряковцев Copyright (c) 2017 Юрислингвистика SOME ISSUES OF OBSCENE ETHNONIMS WORD-BUILDING IN THE INTERNET DISCOURSE <p>The article regards some issues of ethnonymics and ethnic slurs, focusing attention on <br />their derivation in Internet discource, where one can find a large number of neologisms that <br />are based on negative ethnic stereotypes or derived from official ethnonyms or other <br />ethnophaulisms. The author also found that using proper nouns, blends as ethnic slurs is <br />typical for the Internet discource.</p> А. С. Поляков Copyright (c) 2017 Юрислингвистика THE NEGATIVE VOCABULARY CHARACTERISING A PERSON: THE ANALYSIS OF LINGUISTIC ARGUMENTATION ON THE MATERIALS OF CASES ON PROTECTION OF HONOR, DIGNITY AND BUSINESS REPUTATION, CASES OF INSULT <p>The article deals with the methods of analyzing words having negative evaluation <br />implicit in the root. The author suggests the method which allows all the participants of the <br />trial to appreciate linguistic argumentation, regardless of their philological skills or special <br />education.</p> Т. С. Шахматова Copyright (c) 2017 Юрислингвистика “THE CASE OF EXTORTION”: USING PRAGMATIC DESCRIPTION OF THE COMMUNICATIVE EVENT FOR THE PURPOSE OF EXAMINATION <p>The article considers the use of pragmatic analysis for the description of the true <br />content of the conversations between the two men, one of whom was suspected of extorting <br />money from the other. The author proves that the identification of strategies and tactics of <br />each speaker in communicative event clarifies the content of their speech parties, gives the <br />opportunity to evaluate their communicative intentions, find out the secret content of the <br />speech.</p> Л О Бутакова Copyright (c) 2017 Юрислингвистика THE CREOLIZED TEXT AS THE OBJECT OF LEGAL LINGUISTICS (STRATEGIES AND TACTICS OF INVESTIGATION) <p>The article covers the problems connected with the study of creolized texts within the <br />framework of legal linguistics: how creolized texts function in the legal discourse, what the <br />main methods of their investigation are and what types of creolized texts dominate in <br />Russian legal sphere.</p> Е. А. Яковлева Copyright (c) 2017 Юрислингвистика LEGAL LINGUISTIC RESEARCH – IMPORTANT PART OF LEGAL PROCEEDINGS <p><span>The article stresses the significance of evidence in legal proceedings, which confirm any of the facts by an expert, otherwise the fact loses its probative force. The study of the definite purchase contract shows the necessity of consulting the experts in the field of legal-linguistic research.</span></p> О. Ю. Прадид Copyright (c) 2017 Юрислингвистика CRITICISM OR DIFFAMATION? <p>This article is a linguistic investigation, claimed in the litigation on the Civil Code<br />article 152. The arisen in the course of the litigation questions showed the need to <br />differentiate the negative information to the criticism and defamation in the light of <br />professional ethics.</p> Г. С. Иваненко Copyright (c) 2017 Юрислингвистика ЮРИДИЧЕСКИЙ АНГЛИЙСКИЙ И ПРОСТОЙ АНГЛИЙСКИЙ: ИЗМЕНЕНИЯ И ДОПОЛНЕНИЯ <p>Прошло семь лет с тех пор, как была опубликована книга «Юридический <br />английский и Простой английский» [Williams, 2004]. С того времени в англоязычных <br />странах в сфере законотворчества произошли некоторые изменения, которые <br />осуществляются в соответствии с предложениями в рамках движения за Простой <br />английский. В этой статье я попытаюсь проследить некоторые из основных изменений, <br />произошедших с 2004 года, и рассмотреть их в контексте других событий.<br />Возможно, самое поразительное изменение за последние несколько лет в <br />англоязычном мире произошло в Великобритании, в частности в Эдинбурге и <br />Вестминстере. В 2004 году вновь созванный Шотландский парламент еще даже не <br />начал обсуждение вопроса о модернизации стиля написания законов, но оставалось <br />ждать недолго. Подобным образом в 2004 году в Вестминстере за исключением <br />проекта закона о налогообложении (the Tax Law Rewrite Project) [Williams, 2007], едва <br />ли что-нибудь еще свидетельствовало о том, что законодательный стиль будет <br />подвергнут тем значительным преобразованиям, которые он претерпел недавно. <br />Некоторые сферы использования юридического языка были также модернизированы за <br />последние годы и в США, хотя влияние движения за Простой английский там было <br />менее выраженным, если сравнивать с Великобританией.<br />Мой основной вывод состоит в том, что, если рассматривать вопрос <br />законотворчества в англоязычном мире в целом, с 2004 года здесь наблюдается <br />значительный сдвиг. Не так давно я упоминал «границу между Севером и Югом»<br />[Williams, 2006, c. 239], указывая на то, что инновации приходят главным образом со <br />стороны Южного полушария (особенно из Австралии и Новой Зеландии), в то время <br />как Северное полушарие, в частности США и Великобритания, противостоят <br />изменениям. На данный момент мое понимание несколько изменилось: я в большей <br />степени склонен говорить о разделении на внутринациональные законотворческие <br />организации, которые можно охарактеризовать как новаторские, и международные <br />законотворческие организации, которые можно охарактеризовать как консервативные. <br />Представляется, что с изменениями в стиле законодательства, которые произошли <br />недавно в Великобритании и в некоторой степени в США, пока нельзя уравнять те <br />изменения, которые касаются международных организаций, где английский является <br />одним из официальных языков. Речь идет прежде всего об Организации Объединенных <br />Наций и Европейском Союзе. Я представлю краткий анализ того, почему эти <br />организации в меньшей степени склонны изменить стиль своего законодательства.193<br />Исследованный корпус текстов составляет 500 тысяч слов и включает <br />национальные законодательные тексты, разработанные в Великобритании между 1970 <br />и 2010 годами. Все тексты были взяты с сайта из категории «Общие <br />законодательные акты Соединенного Королевства» (UK Public General Acts). Они <br />представляли собой оригинальные версии законов, т. е. не включали последующих <br />поправок. Приложения (cписки или перечни, добавленные в конце некоторых законов и <br />не являющиеся как таковые их частью) и акты, имеющие в названии слово «поправка», <br />не рассматривались. Корпус текстов был разделен на 5 частей, каждая из которых <br />состояла из 100 тысяч слов и включала тесты 1970, 1980, 1990, 2000 и 2010 годов.</p> Кристофер Уильямс Copyright (c) 2017 Юрислингвистика ASSOCIATION EXPERIMENT AS THE METHOD OD DEFINING TRADES MARKS SIMILARITY LEADING TO CONFUSION <p>As the modern judicial practice in cases of trade marks similarity leading to confusion<br />shows, linguists-experts in this category of cases perform introspective studies, based on a <br />detailed comparison of trade marks on phonetic, graphic and semantic criteria, which are <br />described in the approved order of Rospatent 31.12.09 № 197 «Guidelines for verifying declared designations for identity and similarity». The above guidelines suggest not only the application of the criteria in particular, but also a comprehensive study and the establishment of similarity of trade marks from the position of ordinary consumer.<span>Therefore, it is proposed to consider the possibility of applying the method of association experiment by linguists-experts. In this article the results of the association experiment with well-known trademarks, such as «Nivea» and «Livia», «Love is» and «Life is», «Аленка» and «Aлина» are described.</span></p> Я. А. Дударева Copyright (c) 2017 Юрислингвистика РАЗРЕШЕНИЕ КОНФЛИКТА В СУДЕ <p>(Перевод с англ. яз. Т. В. Дубровской. Оригинальная версия статьи на английском<br />языке опубликована в журнале «Studies in Communication Sciences», специальный <br />выпуск, 2005. С.193–202.)</p> Эдда - Вайганд Copyright (c) 2017 Юрислингвистика NOTION OF «PATRIMOINE» IN FRENCH PROPERTY LAW <p>In the article, the author analyses the notion of patrimoine in French law. Based on a <br />research of French laws the author reveals the exceptions from the classic theory of patrimoine <br />in property law, which are concerned with the emergence of new legal institutions.</p> К. М. Бычкова Copyright (c) 2017 Юрислингвистика INTERVIEWER’S QUESTIONS AS CONFLICT PROVOKING FACTOR IN SPEECH INTERACTION <p>The paper is devoted to the analysis of the interviewer’s questions when the former is the <br />plenipotentiary conversation’s participant. In this case the unbalance of communicative roles is <br />breached. The interview becomes an arena of values and beliefs’ collision.</p> Н. Н. Кошкарова Copyright (c) 2017 Юрислингвистика ANALYSIS OF THE IMAGES IN THE TEXT THERE IS A METHOD TO IDENTIFY INCRIMINATION INFORMATION <p>The article considers the method of analysis system of images works. It is used to detect<br />incriminating information</p> Е. Н. Бондаренко Copyright (c) 2017 Юрислингвистика NON-VERBAL BEHAVIOR OF A PERSON IN THE ASPECT OF LINGUO-FORENSIC RESEARCH <p>In the article on the base of audiovisuals materials, that have evidential significance, the <br />problem of non-verbal conduct of a person in the investigative and judicial practice interpreting <br />is described.<br /><br /></p> Р. Д. Карымсакова Copyright (c) 2017 Юрислингвистика INDIRECT CALLS IN MODERN IDEOLOGICAL AND RELIGIOUS TEXTS OF VARIOUS GENRES <p>The article discusses the concept of indirect and implicit appeal in relation to the texts of <br>the ideological and religious content, problems are marked which arise during the judicial <br>linguistic examination associated with the procedure of qualification of indirect appeals</p> М. В. Аблин Copyright (c) 2017 Юрислингвистика EPISTEMIC MODALITY IN DOCUMENTS INFORMATION (BASED ON THE REGIONAL LEGISLATION) <p>The article touches upon the status of epistemic texts validity and gradation of the subject's<br />knowledge, who is an author of an official document. Texts of documents of informational genres<br />serve as the material.</p> Е. З. Киреева Copyright (c) 2017 Юрислингвистика EXTREMIST DISCOURSE: FEATURES, ILLOCUTION, PRAGMATICS <span>The description of the general features of speech productions that has extremist contents, their pragmatic potential was the summary of the experience of the study of this kind of speech productions, which is the result of a special kind of communication. This communication forms from the recipient's radical worldview. The research material was printed and audio materials, which is found in social network "VKontakte" or withdrawn in dwellings. A study of the architectonics of the text, cognitive analysis of verbal productions of extremist content, as well as comparative analysis of law and linguistic definitions of extremism and extremist text allows defining extremist discourse, its pragmatic purpose, to bring the classification of speech genres, most often functioning in the structure of extremist discourse.</span> Л. В. Коростелева Copyright (c) 2017 Юрислингвистика THE CONCEPT OF ‘PRECEDENT’ IN TRANSLATION STUDIES AND LAW <p>The article features the concept of ‘precedent’ in translation studies and in law. The concept<br />of precedent in law is characterized by semantically sustainable bundle of properties and longtime<br />usage, while the concept of ‘translation precedent’ cannot be said to have been thoroughly<br />explored. The focus on the translation precedent as a distinct problem area in legal linguistics,<br />which comprises legal translation, has been stipulated by the continuing increase in and<br />professionalization of bilingual and multilingual legal communication. This interlingual<br />communication is believed to generate an array of specialized lexis and technical terms of law that<br />are lacking congruence with patterns of speech, constructions and wording formulas long<br />established in interacting legal languages. Examples suggested are indicative of the need to<br />emphasize the relevance of this issue whose detailed explorations can result in furthering studies in<br />legal cultures in terms of legal-languages interaction and verification of interlingual usage<br />conventions across various fields of law.</p> С. В. Власенко, В. А. Заславская Copyright (c) 2017 Юрислингвистика INDIRECT WAY OF EXPRESSING THE MEANING AS A SIGN OF THE SITUATION OF EXTORTION The article is dedicated to such an indirect way of expressing the meaning, as the regular hint used for the encoding of "dangerous" topics by the participants in the dialogue in situations of extortion. The empirical materials are the calls of people who were plotting and conducting criminal activities that qualify under Art. 163 of the Criminal Code. The fragments of the author's expertise of the materials from the relevant criminal proceedings are used in the article. In connection with this a number of problems stated for the expert linguist can be questioned. These are the issues about the threat expressed in the ambiguous contexts and its peculiarities; about the demand for the payment of money to the extorted and the infliction in case of non-fulfillment of such requirements; about the conspiracy of the extortionists, about the group character of the extortion committed and others. Some of these issues may be impractical because of the regular hint existing in the dialogues in the situations of extortion, the other may go beyond the professional competence of an expert linguist. Л. М. Попкова Copyright (c) 2017 Юрислингвистика COMMUNICATIVE TACTICS OF THE ACCUSED IMAGE CREATION Current researchers’ attention focused on speech behavior in professional communication field<br />presupposes special interest in individual and social aspects of the speaker’s activities. The article<br />deals with such an aspect of linguistic individual’s behavior as communicative influence strategies<br />and tactics in the texts of Russian, Kazakh and American trial discourse. The subject of research is<br />tactics of negative and positive characterization for the creation of the accused image.<br />Practical significance of the work lies in the possibility of the results’ use while working out<br />courses in Trial and General Rhetoric, Discourse Theory, Social Linguistics, Pragmatic Lin-<br />guistics. The data collected may serve theoretical foundation for manuals in mastering trial<br />speaking. In the work the following research methods were implemented: hypothetical inductive,<br />interpretation, contextual functional comparative quantitative and qualitative analysis, continuous<br />sampling.<br />The research is aimed at identifying the correlation between speech behavior of<br />professional participants of trial communication and their social roles, communicative situation<br />features and peculiarities of ethnic mentality.<br />It is revealed that Russian trial discourse is characterized by confrontation, striving at moral<br />evaluation of the accused actions; Kazakh – by striving at compromises, moral evaluation of the<br />accused actions; American – by less distance of communication of professionals and the audience,<br />greater variety of the means used. Л. А. Нефёдова, Э. Ш. Никифорова Copyright (c) 2017 Юрислингвистика LINGUISTIC AND LEGAL ASPECTS OF SPEECH CONDUCT MEDIA IN THE FIELD OF MODERN MEDIA COMMUNICATIONS <p>The article focuses on the features of verbal behavior of native speakers in the field of elec<br />tronic media communication in the aspect of conformity with the law and existing legislation. The<br />relevance of the study is determined by the topical problem of increasing the level of linguistic and<br />legal culture of society members education in each sense of responsibility for their speech behavior<br />under conditions of increased verbal aggression as the trend in interpersonal and social<br />communication in all its spheres, including electronic media. Emphasizes the presence of a social<br />dominant in the characterization of speech acts by network users, resulting in the qualification of<br />speech acts language-specific personalities as illegal. Substantiates the possibility of giving<br />electronic media texts legal status and considering them as pieces of evidence, performing the<br />function of social regulation.</p> А. В. Курьянович Copyright (c) 2017 Юрислингвистика BUSINESS LETTER AND TEXT EDITING (from teaching experience) <table width="540" border="0" cellspacing="0" cellpadding="3"><tbody><tr><td align="left" valign="middle" width="504"><p align="justify">The purpose and problems of an academic subject are established in this article. Basic knowledge, abilities and skills obtained by students at the end of the course are identified. The content of discipline with a small overview of the main themes is revealed.</p></td></tr></tbody></table><img src="" alt="" vspace="4" /> Т. Г. РАБЕНКО Copyright (c) 2017 Юрислингвистика FRENCH INTELLECTUAL PROPERTY RIGHTS WITHIN DISCIPLINE "FRENCH LANGUAGE FOR SPECIALISTS IN DOCUMENTATION" <p>The article gives the analysis the possibility of using documents without breaking laws of the<br />French intellectual property rights, provides examples of recent litigation on this issue, discusses<br />Problems of the legality of the collection and use of documents and works, French in this case,<br />constantly faced the documentalists in their work.</p> И. К. Мельник Copyright (c) 2017 Юрислингвистика THE INTERSECTION OF FUNCTIONAL SEMANTIC AND SEMANTIC FIELDS WITHIN ONE PARAGRAPH AS A CHARACTERISTIC OF AN EXTREMIST TEXT <p>This paper is dedicated to revealing, studying and describing the selected characteristic of<br />extremist texts, which came to the attention of MIA in terms of identification. Such approach to<br />texts is determined by social processes connected with spreading the ideas of national extremism on<br />the Internet. Under the selected characteristic the intersection of functional semantic (in the centre<br />of which lies the category of imperative mood) and lexical semantic (in the centre of which lies the<br />seme “nationality”/“nation”) fields within a paragraph (a super-phrasal unity). This feature is<br />regarded as an intertextual, repeated, specific characteristic of the extremist type of linguistic<br />personality, which is reflected in the text written by such a LP. Statistical analysis of the intersection<br />of the above-mentioned fields in the texts is being conducted, according to the results of which the<br />description in six aspects is being made: statistical, interpretational, stylistic, structural, functional<br />and semantic. Based on the obtained results it is suggested to develop an objective, regular<br />identification method, which will be able to reach the level of automatization/computerization.</p> Д. А. Реттих Copyright (c) 2017 Юрислингвистика WHO IS THE AUTHOR OF A COMPLAINT? <span>In this article we solve the problem identification examination - attribution text-based speech genre appeals to official authority. Linguistic personology method, i.e. reconstruction method linguistic personality type allows you to set a specific authorship of texts. Comparative analysis of the texts reveals common / different linguistic features of their organization, allowing you to identify the correlation of texts by type of linguistic identity, and therefore, as belonging to one author.</span> Л. Г. Ким Copyright (c) 2017 Юрислингвистика LEGAL TERM: PROBLEMS OF STUDYING <p>The article runs about functional and structural-semantic specifications of legal terms. The researcher makes a supposition that it is several problems in study of legal terms.</p> О. В. Барабаш Copyright (c) 2017 Юрислингвистика PROFESSIONAL LEGAL JARGON: DETERMINATION OF THE BOUNDARIES OF THE CONCEPT <span>The article considers the relationship between the concepts "term", "professionalism", "jargon", and analyzes examples of professional jargon in the language of law. The author reveals the basic functions of the legal jargon and professional slang, as well as the scope of their using by lawyers.</span> М. Л. Давыдова, Н. Ю. Филимонова Copyright (c) 2017 Юрислингвистика GENDER LINGUSTICS AND DIAGNOSTICS OF THE SEX AS A PROBLEM OF AUTHORSHIP’S EXPERTISE <span>In article the problem of authorship’s expertise connected with diagnostics of a sex of the author of the document is described. The solution of the problem with the help of the knowledge base, methods and means of gender linguistics is proposed. The essence of a modern gender linguistics and the main directions of its development is considered: research of language as systems and research of speech behavior of men and women. The analytical review of available scientific works in the sphere of the gender linguistics, devoted to research of speech behavior of men and women, oral and written speech, - E.I. Goroshko, T.V. Gomon, E.S. Oshchepkova, A.V. Kirilina, E.A. Zemskaya is provided. The estimation of existing data from the position of requirements of authorship’s expertise is carried out. Possibility of using of the gender type as the factor allowing to solve a problem of diagnostics of a sex of the author of the text more exactly is considered, and also to expand possibilities of authorship’s expertise according to the newest scientific data to definition of gender type as psychosocial and social parameter of the person in the written text.</span> Н. В. Вязигина Copyright (c) 2017 Юрислингвистика LINGVOLEGAL ASPECTS OF PROTECTION OF OLYMPIC SYMBOLS <span>In the article on the basis of actual court cases relating to the protection of Olympic symbols, is considered one of the problematic issues of linguistic examination of commercial signs - is the question of confusing similarity / differentiation homonymous commercial names, operating in the field of lingvomarketing.</span> Я. А. Дударева Copyright (c) 2017 Юрислингвистика PROBLEM OF INFORMING OF THE ADDRESSEE AND IMPACT ON HIM IN THE ARTICLE AS OBJECT OF LINGUISTIC EXPERT RESEARCH ON CLAIMS FOR PROTECTION OF HONOR, DIGNITY AND BUSINESS REPUTATION <span>The paper on material of the media text, became by subject of judicial hearing, deals with the problem of informing of the addressee and impact on him in the article as object of linguistic expert research on claims for protection of honor, dignity and business reputation. Language means used for performance of the main functions of journalism - informing and influencing come to light. It is established that negative information is capable to create a negative image of the addressee, for example, of the deputies in the opinion of the voter, to belittle their honor and dignity, to cause damage of their business reputation and reputation of a deputy corps as a whole.</span> М. Р. Желтухина Copyright (c) 2017 Юрислингвистика ABOUT SOME WAYS TO CONFIRM STATISTICAL RELIABILITY OF RESULTS OF TRADEMARK LINGUISTIC EXPERT EXAMINATION <span>The work is devoted to the problem of trademark linguistic expert examination and the search of ways to improve this process. Here a factor approach to the trademark examination is proposed, the benifit of which is concluded in the provision of authenticity of the obtained results.</span> М. Е. Новичихина Copyright (c) 2017 Юрислингвистика LINGUISTIC EXPERTISE OF THE TEXTS WITH THE LATENT SEMANTICS <span>Conscious fogging the veritable content of the speech by speakers significantly reduces the efficiency of traditional formal and grammar methods. The report is devoted to the principles and methods of detecting latent semantics of texts during linguistic expertise.</span> Е. Е. Хазимуллина Copyright (c) 2017 Юрислингвистика ONCE AGAIN ON «OFFENSIVE FОRMS OF EXPRESSION» <span>The article describes one of the pressing issues of judicial linguistic expertology - humiliation of honor and dignity of the person. The notion insults as indecent expressions. Based on the materials of the case considered the real question of whether the text personal insults official deliberate publicly insulting a representative of authority in the performance of their duties.</span> Г. С. Иваненко Copyright (c) 2017 Юрислингвистика CATEGORY VERBAL OFFENCES IN THE CC OF THE RF <p>On the ground of Criminal Code of the Russian Federation the article focuses on the verbal crimes considered as actions which intrude upon fixed social relations. The classification of verbal crimes is submitted as well.</p> Е. В. Рылова Copyright (c) 2017 Юрислингвистика THE LAW STUDENT LANGUAGE PERSONALITY IN THE ASPECT OF ORDINARY SEMANTIZATION <p>The article deals with the classification of law student language personality types on the materials of the linguistic experiment including the ordinary semantization of unknown compound words. As a result, four types are pointed out: logical, emotional, playing and copying.</p> Л. Х. Сарамотина Copyright (c) 2017 Юрислингвистика CATEGORY RUDENESS AS THE ANTITHESIS COURTESY <p>The author analyzes the linguistic category of rudeness as a manifestation of the influence of society on the language, as rudeness is socially popular phenomenon. The paper identifies and describes in psycholinguistic and sociolinguistic aspects of several varieties of the language rudeness.</p> В. И. Жельвис Copyright (c) 2017 Юрислингвистика