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Genesis: Historical research
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Publications of Biyushkina Nadezhda Iosifovna
Legal Studies, 2023-1
Biyushkina N.I. - Ethnic conflicts and separatism as prerequisites for the collapse of the USSR in the context of the crisis of official ideology pp. 13-21

DOI:
10.25136/2409-7136.2023.1.39582

Abstract: The object of the study was the federal relations within the USSR and the RSFSR, developing in the crisis conditions of ethnic conflicts and stagnation of the official Soviet ideology. The subject of the study was ethnic conflicts and separatism as prerequisites for the collapse of the Soviet Union in the context of the crisis of communist ideology. The purpose of this study was to study certain negative trends in the development of federal relations in connection with the growing crisis phenomena in the USSR. To achieve this goal, a set of universal (dialectics), general scientific (analysis, synthesis, deduction, induction, structural-system method), private scientific methods (historical method), special methods (formal-legal) were used. The novelty of the research lies in the fact that on the basis of archival documents, the author substantiates the dualistic nature of the genesis and development of interethnic conflicts, which, on the one hand, have deep historical roots, and on the other hand, were aggravated due to the miscalculations of Soviet federal construction. In addition, the crisis of the ideology of Soviet internationalism, which degenerated into scholastic dogmatism, mechanically exploited by the supreme power, without successful attempts at modernization, is clearly shown. A special contribution of the author to the research of the topic is the introduction into scientific circulation of archival documents from the funds of the State Archive of the Russian Federation and the State Archive of Socio-Political History.
Law and Politics, 2021-10
Biyushkina N.I. - The right of nations to self-determination as the fundamental principle of Soviet federalism pp. 43-57

DOI:
10.7256/2454-0706.2021.10.36767

Abstract: The subject of this research is the process of establishment and development of the right of nations to self-determination as the fundamental principle of Soviet federalism. The author carefully examines the origin and evolution of the idea of the right of nations to self-determination within the environment of the revolutionary social democracy; the concept, characteristics and principles of the right of nations to self-determination; the normative unification of the right of nations to self-determination with the federal principle of government system in the Soviet constitutions; variations of exercising this right within the framework of socialist federal state. Special attention is given to the evolution of the right of nations to self-determination and the transformation of its goals at different stages of the development of Soviet State. The novelty of this research consists in formulation of the original definition of the right of nations to self-determination in the context of phenomenology of the Soviet federalism. The key characteristics of this right are outlined: 1) suggests multivariance of implementation; 2) drags on time depending on the socioeconomic and political-legal development of the nation; 3) implies adequacy of implementation to the level of collective national sociocultural and political self-identity, etc. The principles of the right in question are determined : 1) priority of actual self-determination in relation to legal formalization if the latter is mandatory; 2) definiteness of the right of nations to self-determination via national declaration of will with regards to legitimation by the positivistic attitudes of the state; 3) evolution in chronological perspective from the national legal nature towards international legal level, etc. The author derives the criteria and classifies the right of nations to self-determination based on them. Description is given to the peculiarities of regulation and implementation of the right of nations to self-determination in accordance with the development stages of the Soviet Federation The author's special contribution lies in the establishment of dialectical link between the formational and civilizational approaches towards comprehension of the essence of the right of nations to self-determination through the prism of the European and Russian social democracy.
Law and Politics, 2018-7
Biyushkina N.I. - Sociocultural and economic functions of the state in representations of the foreign and national police scientists pp. 11-17

DOI:
10.7256/2454-0706.2018.7.26548

Abstract: The subject of this research is the representation of the foreign and national police scientists – C. Wolff, L. von Stein, R. von Mohl, N. N. Belyavsky, I. T. Tarasov, A. I. Elistratov on the state impact on public relations through implementation of the sociocultural and economic functions. Most convincingly, the views of the aforementioned authors are reflected in the context of comparative analysis of their political legal positions on the matter with the views of the public and government leaders – the representatives of liberalism. The scientific novelty consists in the conclusion that the state possess not only the right, but also responsibility to hold an active position in socially oriented solution of the immensely complicated issues faced by society. It is noted that the supporters of the police state doctrine advocate the large-scale systemic intervention of the state into the social life through the establishment of the efficient organizational legal and financial mechanism aimed at state support of the disadvantaged social classes, organization of employment at the time of mass unemployment, planning and forecasting of the financial relations, development of the industrial and other economic sectors.
Law and Politics, 2018-7
Biyushkina N.I. - Sociocultural and economic functions of the state in representations of the foreign and national police scientists pp. 11-17

DOI:
10.7256/2454-0706.2018.7.43161

Abstract: The subject of this research is the representation of the foreign and national police scientists – C. Wolff, L. von Stein, R. von Mohl, N. N. Belyavsky, I. T. Tarasov, A. I. Elistratov on the state impact on public relations through implementation of the sociocultural and economic functions. Most convincingly, the views of the aforementioned authors are reflected in the context of comparative analysis of their political legal positions on the matter with the views of the public and government leaders – the representatives of liberalism. The scientific novelty consists in the conclusion that the state possess not only the right, but also responsibility to hold an active position in socially oriented solution of the immensely complicated issues faced by society. It is noted that the supporters of the police state doctrine advocate the large-scale systemic intervention of the state into the social life through the establishment of the efficient organizational legal and financial mechanism aimed at state support of the disadvantaged social classes, organization of employment at the time of mass unemployment, planning and forecasting of the financial relations, development of the industrial and other economic sectors.
Law and Politics, 2017-5
Biyushkina N.I. - Problems of organizational legal regulation of the system of higher education in Russia: history and modernity pp. 50-67

DOI:
10.7256/2454-0706.2017.5.23069

Abstract: The subject of this research is the examination of issues of organizational legal nature associates with the development of system higher education in pre-revolutionary and modern Russia.  The object of this research is the combination of socioeconomic and political-legal elations established in the Russian State in pre-revolutionary and present periods. The goal of this work consists in determination of the key trends in development of the organizational legal grounds of functionality of the system of higher education in Russia over the period of the XIX – the beginning of XXI centuries. The scientific novelty of this work consists in the following conclusions: the general features common to the development of pre-revolutionary and modern higher education include standardization, tendency towards the applied nature of higher education, development and differentiation of the applied and academic education at the level of advanced and higher education, systemic approach towards the reform of higher education, formation of the highly qualified personnel in various disciplines, and patriotic education.
Law and Politics, 2017-5
Biyushkina N.I. - Problems of organizational legal regulation of the system of higher education in Russia: history and modernity pp. 50-67

DOI:
10.7256/2454-0706.2017.5.43072

Abstract: The subject of this research is the examination of issues of organizational legal nature associates with the development of system higher education in pre-revolutionary and modern Russia.  The object of this research is the combination of socioeconomic and political-legal elations established in the Russian State in pre-revolutionary and present periods. The goal of this work consists in determination of the key trends in development of the organizational legal grounds of functionality of the system of higher education in Russia over the period of the XIX – the beginning of XXI centuries. The scientific novelty of this work consists in the following conclusions: the general features common to the development of pre-revolutionary and modern higher education include standardization, tendency towards the applied nature of higher education, development and differentiation of the applied and academic education at the level of advanced and higher education, systemic approach towards the reform of higher education, formation of the highly qualified personnel in various disciplines, and patriotic education.
Genesis: Historical research, 2017-3
Biyushkina N.I. - Customs policy of the Russian Empire of the XIX century in the context of regulation of foreign economic activity pp. 63-71

DOI:
10.7256/2409-868X.2017.3.22017

Abstract: The object of this research is the customs policy of the Russian State in historical legal context. The subject of this research is the acts of domestic legislation and international treaties of the Russian Empire over the reviewed period aimed at regulation of the customs and foreign economic activity, as well as the unpublished scientific works on this topic. Special attention is given to examination of positions and views of the public and government figures, who directly participated in discussion and corresponding decision-making. The author carefully explores the legal regulation within the framework of customs policy on the level of the acts of national legislation alongside the international law. The article conducts a historical legal analysis of the questions of customs regulation as the basic component of foreign economic activity. Based on the research of various sources, the work gives characteristics to the general format of customs policy of this period and its specificity. The scientific novelty lies in the complex analysis of legal regulation of the customs policy in the context of general regulation of the foreign economic activity: on one hand, characteristics of the regulation of the aforementioned questions on the level of national legislation; and on the other – international-legal regulation of separate aspects, as well as main features, content, and specificity.
Genesis: Historical research, 2017-1
Biyushkina N.I. - Problems of development of the Soviet civil law and procedure during the period of codification of the mid 1950’s – mid 1960’s pp. 9-17

DOI:
10.7256/2409-868X.2017.1.20663

Abstract: This article focuses attention of the changes in civil law and procedure, which characterized the process of development and codification of the Soviet legislation over the period of mid 1950’s – mid 1960’s, as well as determines cause-and-effect relationship between the studied transformations and reforms of the Stalinist party-state and political-legal model. Examination of the principles of Soviet civil law and procedure was subjected to creative interpretation; particularly, the author conducted a detailed analysis of provision on the judicial independence in the Soviet State. The work explores the process of formulation and adoption of the fundamentals of civil legislation, as well as fundamentals of civil procedure of the Union of Soviet Socialist Republics and union republics of December 8, 1961. The opinions of the Soviet scholars-civilists related to the development of conceptual apparatus of the branch of the Soviet civil law are being researched and analyzed. The main conclusion of this work consists in the determined by the author multiple and exceptionally important changes in the Soviet civil and civil-procedural law during the studied period reflected in codification of the late 1950-1960’s, which contributed into restoration of the Socialist lawfulness. The author made an original conclusion that the conducted in 1950-1960’s codification of the Soviet civil law was based on the doctrine developed in the works of scholars-civilists in the 1940-1950’s, in other words, within the dominant system of state planning and its frameworks of directive distribution of virtually all material resources. The author’s special contribution lies in the fact that the qualitative political-legal transformations, which took place in USSR over the period of mid 1950’s – mid 1960’s, encouraged the development of the organizational-legal mechanisms of protection and preservation of rights of the Soviet citizens.
Law and Politics, 2016-6
Biyushkina N.I. - Specificity of the development of the Soviet criminal and procedural law throughout the period of codification of 1950’s – 1960’s

DOI:
10.7256/2454-0706.2016.6.19522

Abstract: The author carefully examines the key historical events of the second part of the 1950’s and into the 1960’s, which in time made possible the codification of the criminal and criminal procedural law of that period. The point of origin of codification can be considered the 20th Congress of the Communist Party of the Soviet Union, which took place in February of 1956 with the speech by N. S. Khrushchev “On the cult of personality and its consequences”, in which he raise the questions of rehabilitation of citizens repressed during the period of Stalin’s reign. One of the goals of the CC CPCU in accordance with the decisions of the 20th Congress was complete eradication of crime with replacement of measures of criminal punishments with measures of social rehabilitation. The author detects multiple exclusively significant changes in the Soviet criminal and criminal procedure law in the studied period that were reflected in the codification of the second half of the 1950’s and into the 1960’s, which contributed to the restoration of the Socialist lawfulness. The author’s contribution into this subject is the conclusion that the qualitative political-legal transformations that took place in the USSR from mid-1950’s to 1960’s have prompted the development of the organizational legal mechanisms of protection of the rights of Soviet citizens, shielding them from arbitrary punishment by the branches that carried unconstitutional character and were abolished during said period.
Law and Politics, 2016-6
Biyushkina N.I. - Specificity of the development of the Soviet criminal and procedural law throughout the period of codification of 1950’s – 1960’s

DOI:
10.7256/2454-0706.2016.6.42968

Abstract: The author carefully examines the key historical events of the second part of the 1950’s and into the 1960’s, which in time made possible the codification of the criminal and criminal procedural law of that period. The point of origin of codification can be considered the 20th Congress of the Communist Party of the Soviet Union, which took place in February of 1956 with the speech by N. S. Khrushchev “On the cult of personality and its consequences”, in which he raise the questions of rehabilitation of citizens repressed during the period of Stalin’s reign. One of the goals of the CC CPCU in accordance with the decisions of the 20th Congress was complete eradication of crime with replacement of measures of criminal punishments with measures of social rehabilitation. The author detects multiple exclusively significant changes in the Soviet criminal and criminal procedure law in the studied period that were reflected in the codification of the second half of the 1950’s and into the 1960’s, which contributed to the restoration of the Socialist lawfulness. The author’s contribution into this subject is the conclusion that the qualitative political-legal transformations that took place in the USSR from mid-1950’s to 1960’s have prompted the development of the organizational legal mechanisms of protection of the rights of Soviet citizens, shielding them from arbitrary punishment by the branches that carried unconstitutional character and were abolished during said period.
Law and Politics, 2015-10
Biyushkina N.I. - Comparative legal analysis of the legislation on the state of exception in Russia and other countries in the second half of the XIX century

DOI:
10.7256/2454-0706.2015.10.14992

Abstract: This article is dedicated to the comparative legal analysis of such ambiguous concept within the theory of state and law as state of exception. The author examines the process of development and passing the bill “On Measures to Protect State Security and Public Peace” from August 14, 1881. This was the key legal construct within the framework of domestic political safety course of the Russian state during this period. The article explains the purpose of implementing the state of exception, its concept, main aspects, and presents the comparative legal characteristics with similar legal constructs in foreign legislation. The author gives a detailed analysis to the processes of formation and functionality of the legislation on state of exception, determines the role of noted Russian state and public actors in development and passing of the bill in August of 1881, as well as other normative legal acts that regulated the regime of state of exception.
Law and Politics, 2015-10
Biyushkina N.I. - Comparative legal analysis of the legislation on the state of exception in Russia and other countries in the second half of the XIX century

DOI:
10.7256/2454-0706.2015.10.42739

Abstract: This article is dedicated to the comparative legal analysis of such ambiguous concept within the theory of state and law as state of exception. The author examines the process of development and passing the bill “On Measures to Protect State Security and Public Peace” from August 14, 1881. This was the key legal construct within the framework of domestic political safety course of the Russian state during this period. The article explains the purpose of implementing the state of exception, its concept, main aspects, and presents the comparative legal characteristics with similar legal constructs in foreign legislation. The author gives a detailed analysis to the processes of formation and functionality of the legislation on state of exception, determines the role of noted Russian state and public actors in development and passing of the bill in August of 1881, as well as other normative legal acts that regulated the regime of state of exception.
Genesis: Historical research, 2015-6
Biyushkina N.I. - Conservative view on the political-legal development of the Russian state. Feedback of the official opponent on the dissertation of A. A. Vasiliev “Conservative Legal Ideology in Russia: essence and forms of manifestation” pp. 871-893

DOI:
10.7256/2409-868X.2015.6.16777

Abstract: This article-feedback is dedicated to the analysis of the essence and form of manifestation of the conservative legal ideology. A detailed attention is given to the views of the Russian government and public figures of the conservative direction and their reflection in the main vectors of domestic and foreign policy, as well as legal development of the Russian state during the various historical periods. The author examines the questions associated with the notions of “conservatism” and “conservation”, gives their definitions, and determines general and specific features. The question on the possibility of implementation of the term conservatism towards the Soviet statehood and law is raised in the course of this research. Scientific novelty consists in structuring of the problems pertaining to the detection of the original criteria of periodization. It is noted that the relation of Russian conservators to the country’s socioeconomic and political-legal reforms will be a qualitative sign, which differentiates one conservative direction from another. Due to this fact, emerges the following aspect of periodization associated with the ability to combine the qualitative and quantitative (chronological) periodization for the purpose of determining which of the directions of the conservative political-legal thought in Russia was dominating during the specific chronological period.
Genesis: Historical research, 2015-6
Biyushkina N.I. - The principles of the Soviet law in the context of codification during the period of 1950-1960 pp. 291-310

DOI:
10.7256/2409-868X.2015.6.17096

Abstract: The author thoroughly examines a number of the most important historical events that took place in the Soviet State in the 1950’s, which made possible the XX Congress of the Communist Party of the Soviet Union with the momentous report by N. S. Khrushchev dedicated to the cult of personality and its consequences. During this political forum, was approved a number of actions aimed at realization of the principles of socialistic legality and law order, protection of rights and freedoms of the Soviet citizens, interparty democratism, which later was reflected in the Soviet law of the studied period.  The author examines the importance of the XX Congress of the Communist Party as a pivoting point in the domestic policy of the Soviet State, as well as substantiates the causes of conduction of codification of the Soviet legislation during the period of 1950-1960.  The author is the first to conduct a comprehensive analysis of the principles of Soviet law within the stated period. Based on the developed criteria, the periodization of the establishment of the principles of Soviet socialistic law in accordance with its branches is performed.  Codification of the Soviet legislation was based on the general legal principles: socialistic legality, democratism, social justice, and social freedom. The author’s main contribution consists in the conclusion that the true modernization of Soviet legislation during this time frame encouraged solving the most odious totalitarian tasks while preserving the Communist ideology.  
Genesis: Historical research, 2015-4
Biyushkina N.I., Oleksenko A.S. - Organizational legal influence of Soviet state upon the Russian Orthodox Church (October of 1917-1929) pp. 192-201

DOI:
10.7256/2409-868X.2015.4.15824

Abstract: This article is dedicated to the study of development of confessional policy of the Soviet Union with regards to religion, Church, and other confessions. It presents a broad overview of the Soviet legislation on this issue. Attention is given to various opinions of prominent modern scholars currently studying this issue. The article expounds the position of the Church, spiritual figures, and believers as subjects of law, as well as their rights and obligations. The author reveals the gradation of the legislation from democratic to totalitarian and repressive. The scientific novelty of this research consists in the approach towards the understanding of confessional policy of the state during the first decades after the Revolution. The author is first to conduct periodization of the evolution of legal and organizational influence of the Soviet state upon Russian Orthodox Church and other confessions, represented on the Russian territory during the period from 1917 to 1929.
Law and Politics, 2014-10
Biyushkina N.I., Kiryushina N.Y., Shartynova A.V. -

DOI:
10.7256/2454-0706.2014.10.12878

Abstract:
Law and Politics, 2014-10
Biyushkina N.I., Kiryushina N.Y., Shartynova A.V. -

DOI:
10.7256/2454-0706.2014.10.42512

Abstract:
Administrative and municipal law, 2014-9
Biyushkina N.I. -

DOI:
10.7256/2454-0595.2014.9.12856

Abstract:
Law and Politics, 2014-5
Biyushkina N.I. -

DOI:
10.7256/2454-0706.2014.5.11861

Abstract:
Law and Politics, 2014-5
Biyushkina N.I. -

DOI:
10.7256/2454-0706.2014.5.42451

Abstract:
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