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Publications of Abdulin Robert Semenovich
Legal Studies, 2018-11
Abdulin R.S. - Review of Ekaterina Alekseevskaya's Monograph 'Judicial Service Development Patterns' pp. 44-56

DOI:
10.25136/2409-7136.2018.11.28016

Abstract: The object of this research is the paragraph 'History of the Origin and Development of Russia's Judicial System', chapter 'Russia's Judicial System', monograph 'Judicial Service Development Patterns' (published in Moscow in 2016). In his review Abdulin analyzes research objectives of the monograph's author and how successfully she has achieved them in the process of substantiating the theory of the dialectical development of Russia's judicial system and describing its development patterns. The author of this article comments that the research lacks analysis of substantial researches on the matter and focuses on the weak points in the research as well as wrong facts which plays a crucial role for the development of the theory of the dialectical development of Russia's judicial system. The analysis performed by the author is based on the principle of historicism (historical-genetic method) that allows to relate each stage of the development to the previous or following stages. The scientific novelty of the monograph is caused by the fact that Alekseevksaya analyzes the genesis of the theory and history of functional judicial system and organisation of judicial activity that would promote the substantiation of the theory of the dialectical development of Russia's judicial system and search for its patterns. Based on his analysis of the aforesaid paragraph, the reviewer highlights the drawbacks of the research to be noted by the author of the monograph. 
Legal Studies, 2018-7
Abdulin R.S. - The Establishment of Terminology and Terminological System of Court Administration: Aspects of Correlation pp. 19-27

DOI:
10.25136/2409-7136.2018.7.21040

Abstract: In his article Abdulin analyzes and summarizes the problems of formation of terminology and terminological system of judicial control. The point of view of the author as to the origin of the terms of judicial control, and their status is disclosed, and so are the achievements and shortcomings of the Soviet period terminological research in the field of judicial administration. The author believes that the terminological framework of judicial control formed during the Soviet period is the bearer of collective professional-scientific memory as terminological system of the area of government has a long history and tradition. The theoretical and methodological background to the research is the methods and principles used in both history and law. In his research Abdulin has applied both general and special research methods, individually or combined, such as analysis and synthesis, abstraction, structured systems analysis, historical genetic analysis, comparative law analysis, typological analysis, etc. The scientific novelty of the research is caused by the fact that the article presents the results of a complex interdisciplinary research that demonstrates the development and historical correlation of the terminological framework of judicial control from the point of view of the development of judicial administration in Russia. Based on the analysis of particular historical materials, the author describes the origin of the first terms and definitions of judicial administration as well as formation and development of the terminological framework of judicial administration in pre-revolutionary, Soviet and modern periods. 
Genesis: Historical research, 2017-9
Abdulin R.S. - Evolution and establishment of judicial administration in Soviet Russia (1917-1922) pp. 31-52

DOI:
10.25136/2409-868X.2017.9.22622

Abstract: The subject of this research is the stage of organization of the Soviet courts, formation and evolution of the Soviet judicial administration, which had attracted and continues to attract the attention of many scholars. There has been written fairly large amount of articles, books, monographs, and theses dedicated to the events of this time, which ended with the establishment of both, the new political and new judicial systems. However, the official ideology and practice of the Soviet state construction that initially rejected the idea of separation of powers as alien and bourgeois, due to which the court throughout the entire Soviet period did not receive the true independence, left a mark upon all social phenomena, including science to a certain extent. Therefore, multiple works in the area of examination of the establishment of Soviet judicial system and judicial administration, were ideologically tendentious, referred to the extensive circle of communist and propagandistic literature, as well as accessible to public archive materials that favorably characterized the Soviet structure. The author introduces the original point of view on the complicated process of destruction of the old imperial judicial system and creation of the drastically new judicial apparatus alongside the apparatus of judicial administration until the Judiciary Reform of 1922. The scientific novelty consists in the fact that through the prism of state policy in the context of transformations, realized by the Soviet government in judicial sphere, the article demonstrates the establishment of the judicial administration. Based on the generalization of the existing research and published, but not introduced into the scientific discourse archive sources, the work formulates and substantiates the origins, political legal nature of judicial administration applicable to a particular stage of the political legal development of Russia (1917-1922).
History magazine - researches, 2017-1
Abdulin R.S. - The Resolution of the Plenum of the Supreme Court of the Russian Soviet Federative Socialist Republic (USSR) as a Written Source of Information

DOI:
10.7256/2454-0609.2017.1.21373

Abstract: The article examines the resolutions of the Plenum of the Supreme Court of the Russian Soviet Federative Socialist Republic (USSR) as the least studied written source on the history of government and legislature. In these resolutions, according to the author, apart from ideological factors, there are also interrelated directions of governing, administrative and educational natures, which are specifically directed at judges and executives at all levels of the judicial system. However, the most important aspect in understanding the unique content of this type of source is, in the opinion of the author, that the higher courts did not make the resolution of the Plenum of the Supreme Court of the RSFSR and USSR into merely a source of political influence on the courts, but skillfully used its possibilities in professional ideology and court administration. In the article the author masterfully used general and specific scientific methods of knowledge in an informatively meaningful unity and in complex combination, including: analysis and synthesis, abstraction, system-structural, historical-genetic, comparative-legislative, typological and other methods. In describing the material the author chose the dialectic method of knowledge, acting in the role of the methodological basis for writing the article, the main principles of which (the principle of development and the principle of historicism) were used as the base for the study of the work's topic. The scientific novelty of the article lies in it turning to the questions of understanding the place and role of the resolutions of the Plenum of the Supreme Court of the RSFSR (Soviet Union) as sources of understanding government-legislative phenomena. In the text the author analyzes the characteristics of this specific carrier of historical information in the field of methodology and method of applying and using it in the research work of the historian-jurist.
Law and Politics, 2016-6
Abdulin R.S. - The role of the Communist party in judicial administration (1930-1970)

DOI:
10.7256/2454-0706.2016.6.14126

Abstract: The subject of the research is the role of the Soviet Communist Party in judicial administration and the governing of the courts. The author of the article shows that the party's directives have an impact on courts and judicial power. The leaders of the Soviet Communist Party interfered in all spheres of activity of the judicial power, including procedural aspects, often giving judges guidelines for solving individual cases, and in some cases, even determined the time and location for the trials. The author concludes that in the Soviet Union firmly established the official influence of party on all aspects of the powers functioning, and that the Party's decisions were perceived by the judiciary and judges as binding. This allows the author of the article to perceive this historical period of the USSR as a Communist Party's total dominance and its supreme power in the country. The whole government power of the country, including the judiciary, at this time was consolidated in the hands of the leadership of the Communist Party. The scientific novelty of this work lies in the very posing of the question and the fact the goals and tasks defined in this work have not previously been addressed in Russian legal science.
Law and Politics, 2016-5
Abdulin R.S. - The place and role of the Plenum of the Supreme Court of the Soviet Union (RSFSR) and Russian Federation within judicial administration

DOI:
10.7256/2454-0706.2016.5.14102

Abstract: This article is dedicated to the place and role of the Plenum of the Supreme Court of the Soviet Union (RSFSR) and Russian Federation within judicial administration and internal systemic administration of the modern judicial authority. The author raises the question about the legal nature of the ruling positions of the Plenums of the Supreme Court of the Soviet Union (RSFSR) and Russian Federation, since there is no concurrence on this matter and the issue continues to remain controversial. The author comes to the conclusion that the status of the rulings of the of the Plenums of the Supreme Court of the Soviet Union (RSFSR) and Russian Federation is not correctly formulated within legislative acts. The competency of the Plenum – “de jure” is the interpretation and clarification of the acting legislation, while “de facto” is practically the current authority of judicial administration, which combines various branches of cognition and administration. The scientific novelty is established by the very posing of the question and by the fact that the goals and tasks in this article have not yet been approached from this perspective within Russian juridical science. The author makes an attempt to understand the process of activity of this collegial branch within judicial administration during the Soviet era and the internal systemic administration of the present time.
Genesis: Historical research, 2016-2
Abdulin R.S. - Political-legal nature of judicial administration in Russia (1917-1998) pp. 63-96

DOI:
10.7256/2409-868X.2016.2.17669

Abstract: The subject of this research is the political-legal nature of judicial administration in Russia. The author claims that judicial administration is an original, inimitably specific phenomenon in the history of the Russian state and law, which has its peculiar legal nature. Due to this fact, it is important to understand on the doctrinal level not only the system of legal norms that regulate this legal phenomenon, but also a combination of essential actions on its implementation and realization, as well as its inner foundation and content. Therefore, the author gradually reveals the legal nature of judicial administration, which represents a complex multilevel process of comprehensive research and determination of the specific conceptual aspects. The research of the political legal nature of judicial administration carries a major significance – it establishes its genesis, defines the initial principles of structural organization, which leads to a deeper understanding of the place and role of judicial administration within the system of the government authority bodies. Scientific novelty consists in the fact that this work is a complex interdisciplinary research, which for the first time in history examines the political-legal nature of the Russian judicial administration as a variety of government activity in judicial sphere.
Genesis: Historical research, 2016-1
Abdulin R.S. - General characteristics and models of court administration in the RSFSR (1917-1998). pp. 138-202

DOI:
10.7256/2409-868X.2016.1.17542

Abstract: This article examines the formation and development of judicial administration in Russia from 1917 to 1998 the Main part of the article is devoted to the development of judicial administration in the RSFSR, reviewed the model at various stages of the Soviet state. The author believes that the judiciary of the RSFSR originates in pre-revolutionary Russia, since at the initial stage of its development, the Soviet state created the judicial management -the people's Commissariat of justice of RSFSR and gave it functions similar to the Ministry of justice of the Russian Empire and the Provisional government. The author explores the development of each model trial and shows their dependence on state policy in the field of justice and influence on these processes of the Communist party. Throughout the study, the author carries out the idea that in any transitional historical periods of formation and development of judicial control of substantial importance is given to past experience in judicial management, creative perception of the national traditions of such governance, objectively exist between different historical periods of the development of the state.
Genesis: Historical research, 2015-6
Abdulin R.S. - The origin of the court administration (historical legal analysis) pp. 692-763

DOI:
10.7256/2409-868X.2015.6.17391

Abstract: The subject of this research is the origin of the Russian judicial administration. Within the Russian juridical science since the pre-revolutionary period the tendency to determine what is the “judicial administration” is quite evident. The author believes that the judicial administration takes its roots from the period of Peter the Great's Administrative and Judicial Reforms and represents a complicated socio-political phenomenon that is subjected to a constant action and change. Due to this fact, the author conducts a systemic analysis of genesis and evolution of this phenomenon, defines its elements, which give an understanding of the mechanisms and principles of functioning of the institution of court administration within the specific historical period. In his research, the author examines the establishment and development of judicial administration in the Russian Empire, as well as in the inter-revolutionary and Soviet periods, and its transformation into the modern internal judicial administration carried out by the judicial authority itself.
Genesis: Historical research, 2015-4
Abdulin R.S. - The Legal Basis for the Organization and Activity of the Bodies of Judicial Administration Over the 1928 To 1940 Period (Functions, Powers and Structure) pp. 202-235

DOI:
10.7256/2409-868X.2015.4.14190

Abstract: In the present article the author explores in detail the processes of the formation and development of bodies of judicial administration in the Soviet Republic over the 1928 to 1940 period. The author shows how in the course of large-scale socio-economic changes in the USSR changing state policy in the field of justice, analysed in detail the legal basis for the organization and activity of the bodies of judicial management, discusses the process of gradual transfer of powers of the judicial Department of the people's Commissariat of justice of the USSR and its subordinate bodies. The author of the article analyzing the reform of the judicial control at this point in history, discusses the functions, powers and structure of bodies of judicial control as in the system of judicial bodies and judicial authorities.
Genesis: Historical research, 2015-3
Abdulin R.S. - Features of judicial management in the conditions of the great Patriotic war of 1941-1945. pp. 637-650

DOI:
10.7256/2409-868X.2015.3.15220

Abstract: The research is the peculiarities of judicial management in the conditions of the great Patriotic war of 1941-1945, changes in the structure and competence of bodies of judicial management in the Wake of the announcement in the country under martial law. The object of study is a set of organizational structures of judicial management in war, their staffing, functional parameters, elected means and methods. The author considers in detail the judicial control by the judicial system of the country in wartime, the organization of the administration of justice in areas liberated from occupation and other activities of the organs of justice and superior courts.
Genesis: Historical research, 2015-2
Abdulin R.S. - The main directions of the party-state policy of the USSR in the field of judicial administration (1970-1980) pp. 121-139

DOI:
10.7256/2409-868X.2015.2.14134

Abstract: The subject of the study are the main directions of the party-state policy of the USSR in the field of judicial administration in the period from 1970 to 1980. This period is characterized by Counterreform state legal reforms conducted from mid 1950 to mid-1960. Overall, despite the controversial transformation in the life of Soviet society associated with this historical period, there were significant and represented one of the most important periods in the history of the Soviet Union in terms of modernization. The author shows that subsequent changes in the party and the government led to a partial return of the administrative-command model of judicial control characteristic of the Stalin era.
Genesis: Historical research, 2015-1
Abdulin R.S. - Judicial Department under the Supreme Court of the Russian Federation: Continuity of the Soviet Experience in Organizational Support of Courts Activities and Novelty pp. 162-196

DOI:
10.7256/2409-868X.2015.1.13891

Abstract: The subject of the present research is the prerequisites for creation of the authorities of Judicial Department under the Supreme Court of the Russian Federation and organizational support of court's activities of general jurisdiction. The author of the article also pays attention to the continuity of the Soviet experience in organizational support of the judicial system that had been performed by executive authorites represented by the Ministry of Justice and its local authorities in the Soviet Union and in modern Russia till 1998. The author of the article also shows the novelty of the system caused by the fact that the system of authorities of the Judicial Department is not absolutely independent but perform its functions in close interaction and under the control of the bodies of the community of judges. Development of the Judicial Department under the Supreme Court of the Russian Federation is viewed as a complex many-sided process happening under the influence of socio-economic peculiarities and particular political situation of the 1990s. The author of the article has chosen the methodological approaches that, in his opinion, allow to reveal the matter under study in the best way. All these approaches are used in their combination without giving a priority to a particular approach. These methods include dialectical and dialectical-materialistic approach, systems-structural approach, historical-situational approach and others. The scientific novelty of the article is caused by the problem statement and the fact that the goals and objectives set by the author in this research have not been solved by the Russian legal science yet. In addition to studying historical and legal aspects of the problem, the author also pays much attention to the theoretical concepts and framework relted to organizational support of the court's activities. The author also tries to examine the process of the development of agencies and bodies of the Judicial Department by applying the integrated methodological approah and classify the main directions of their activities. The author focuses on the historical and legal nature of the development of Judicial Department under the Supreme Court of the Russian Federation and arbitration courts as well as the way of their establishment, their structure, functions, competences and activity arrangement. 
Genesis: Historical research, 2014-6
Abdulin R.S. - Theoretical and Legal Grounds for Development of the Intrasystem Judicial Management (1989- 1998) pp. 1-30

DOI:
10.7256/2306-420X.2014.6.13479

Abstract: Article is devoted to teoretiko-legal grounds of formation and development of intrasystem management in modern judicial authority. The author shows a role in it the Law on the status of judges to the USSR (1989), the Concepts of judicial reform in RSFSR (1991) which laid the foundation to formation of modern judicial community and its public bodies. Thereby the author of article emphasizes that bodies of judicial self-government are not that other as a form of self-organization and activity of the third branch of the state activity, one of which tasks is protection of the rights and legitimate interests of judges, a link, the extremely necessary for development of joint decisions on functioning of judicial authority, improvement of the legislation and the statement of the actual equality of judicial authority with other branches of the government by them. The author of article considers formation and development of modern intrasystem management as the difficult many-sided process which was taking place under the influence of social and economic features and a concrete political situation. Thus it selected those methodological approaches which allow, by its assessment, most fully to open the considered subject: dialectic and dialectic and materialistic, system and structural, komparativistsky or comparative, objectivity and historicism in studying of the phenomena, processes, communications and the relations, etc.Scientific novelty is caused by the statement of a problem and that the purposes and tasks defined in article not fully are solved in domestic jurisprudence. Along with research of historical and legal aspects of a problem, the important place is given to theoretical provisions of formation and development of modern intrasystem management, specification of the conceptual framework relating to it. An attempt on the basis of an integrated approach to comprehend process the mechanism of modern intrasystem judicial management with allocation in it and a specification of a place and a role of its public bodies is made.
Genesis: Historical research, 2014-5
Abdulin R.S. - Discussion about Organizational Models of Russian Judicial Management pp. 93-110

DOI:
10.7256/2306-420X.2014.5.13373

Abstract: In article formation of domestic model of judicial management is investigated happens. The author considers institutional registration of this branch of public administration since Petrovsky judicial reform of 1717 - 1723 on which further development of institute of judicial management was based subsequently. Organizational models of judicial management were formed under the influence of ideas and are more whole than the state at various historical stages of development of the state. According to them functions, structure, competence of subjects of judicial management, a form and methods of organizational activity were formed. The author of article comes to a conclusion that in the development the administrative thought in judicial system underwent essential changes that allows to allocate certain stages of such management and models inherent in them. The author of article in research used the following general scientific methodological approaches: historical and situational, historical and retrospective approach, problem and chronological and others which allowed to open sense of the phenomena and value of the past from a certain historical distance. The complete reconstruction of historical process of formation and development of judicial management and achievement of understanding of the present was given help the principle of distinction between the past and the present and the principle of understanding of history as process. The author of article made an attempt on the basis of an integrated approach to comprehend process of formation of models of judicial management and system of its bodies and establishments to which the state delegated powers of authority. Thus special attention is paid on the historical and legal nature of organizational registration of models of judicial management. Historical development of models of domestic judicial management demonstrates that our country moved at the same time in all directions, including from an autocracy to democracy and from democracy to an autocracy. Elements of both of these modes really existed and in ideological and theoretical, regulatory base, in practice of functioning of models of judicial management.
Genesis: Historical research, 2014-4
Abdulin R.S. - Theory of Judicial Management in Soviet Russia pp. 32-55

DOI:
10.7256/2306-420X.2014.4.13359

Abstract: In article the theory of judicial management in the Soviet Russia is investigated. It is shown various directions of the Soviet school of sciences by definition of the most effective receptions and methods of management of judicial system. The author analyzes numerous publications and scientific works of the Soviet period, and own views about development of this branch of public administration are given in the Soviet Russia. according to the author of article, in practice the Soviet judicial management turns into strictly structured hierarchical system in which under the direction of RCP(b), CPSU the highest and local public authorities, and specialized state bodies (judicial authorities and superior courts) which main objective is creation of appropriate conditions for administration of justice, but in the conditions of total control and supervision of representatives of judicial authority participate. Such approach to understanding of essence of the Soviet judicial management made serious impact on theoretical judgment by the Soviet scientists of all process of implementation of public administration in the Soviet Russia. The problem of formation and development of judicial management in the Soviet Russia is considered as the difficult many-sided process which was taking place under the influence of social and economic features and a concrete political situation. For this purpose the author used set of such methodological approaches which allow, by his assessment, most fully to open the considered subject. Among nikh:dialektichesky and dialectic and materialistic, the historian - situational, komparativistsky (comparative), historical and retrospective and other methodological approaches. Along with research of the historical and legal aspects of a problem connected with functioning of system of bodies of judicial management by the author the important place is given to theoretical provisions of specification of the conceptual framework relating to the sphere of judicial management. An attempt on the basis of an integrated approach to comprehend process of formation of system of bodies and establishments of judicial management with allocation in it and a specification of a place and a role of judicial authorities, superior courts and their collegial bodies, and also forms and methods of the party management of bodies of judicial management and courts is made.
Genesis: Historical research, 2014-3
Abdulin R.S. - Court Administration as a Structure-Functional Unit in the Soviet State Administration System pp. 16-36

DOI:
10.7256/2306-420X.2014.3.11044

Abstract: The article is devoted to the court administration forming and development in the Soviet Russia, to the evolution of processes of the court administration development performed by the subjects of the outward administrative court management (the organization’s executives) as well as by the subjects of the court administration inside the court system. The author of the articles also shows the role of the Soviet Party bodies in forming and developing organizational and ideological principles of the court administration and in working out models of the court administration and its gradual transformation into internal administration which serves to make the present-day court system independent and self-sufficient. The methodological basis of the work is the principles of dialectic and historical materialism which lets view the problems under research in their appearance and development in tight connection with the Soviet State building and the necessities of the court administration. In the course of the research the comparative analysis, technical, logical, historical and legal and other methods of learning the state legal processes and phenomena have been used. The scientific novelty is in the distinctiveness of the question posing which supposes to study the whole complex of the administrative influence in the courts from the Party’s bodies, Administration and State Power branches and the higher courts that aimed at providing the optimal work of the people’s courts. The author of the article strongly believes that the court administration as an institution is not dying, but it is transforming into a new state – internal system administration and continues its incessant influence on the processes in the present-day internal court power.
Genesis: Historical research, 2014-2
Abdulin R.S. - The Role of Court Administration Authorities in Human Resourcing of the Judicial Service of the RSFSR (1917 - 1930) pp. 1-21

DOI:
10.7256/2306-420X.2014.2.10966

Abstract: In article the role of bodies of judicial management in staffing of judicial activity of the young Soviet republic is considered. The author shows that during the period with 1917 prior to the beginning of 1930 in the country there is a strengthened search of forms and trial and error methods and placement of personnel on judicial positions. The active role in providing judicial authorities with the corresponding shots was played by judicial authorities and superior courts which the author of article carries to bodies of judicial management. During the studied period selection and placement of personnel of judicial system I was not only under control of the National commissariat of justice of RSFSR and its bodies on places, but also the party and Soviet bodies which the author of article refers to subjects of the management of judicial system. Indications of party bodies were obligatory for bodies of judicial management. Problem and chronological and comparative-historical methods allowed to track dynamics of formation of staffing of judicial activity, at the same time formations and developments of institute of judicial management, to find out features of this process. The reconstruction of an objective historical picture was promoted by the system approach, allowed to find out the intrinsic nature, the principles of functioning and evolution of one of the directions of the Soviet judicial management in the specified chronological framework. Scientific novelty of article is caused by the statement of a problem and that the purposes and the tasks defined in it, of the contents, an object of research, methods weren't solved in domestic jurisprudence in full. Therefore for the first time in a domestic historiography complex research of process of formation of staffing of judicial activity as component of judicial management in the Soviet state in a context of social history during the period from 1917 to 1930 is presented.
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