DOI: 10.7256/2454-0706.2023.12.69278

Abstract: The subject of the study is the process of changing the legal status of Mongolian lands, which before the beginning of the twentieth century were united into the polities of Outer Mongolia, Inner Mongolia, Barga (Hulun-Buir), which had the status of autonomous states within the Qing Empire. Having guarantees of immunity from the penetration of the Chinese population into their borders, these lands preserved the ancient tribal way of life, the division of the principality (khoshuns) led by the Dzasaks – the descendants of Genghis Khan or his brother Khasar. However, Chinese colonization, which began in the 1880s, the political weakness of the emperors and the objective need to expand the living space of the Han population of the huge empire, forced the central authorities in Beijing to violate ancient agreements, begin to alienate the lands of the khoshuns and create on them the Chinese system of administrative-territorial devices. The research methodology was based on an interdisciplinary approach based on tools from a number of humanities: ideographic, or descriptive-narrative method, the principle of historicism, retrospective method, periodization method, comparative legal method, reconstruction method, structural method and narrative approach, and also, taking into account the legal component of the phenomenon under study – the dogmatic method and the method of legal hermeneutics. The scientific novelty of the work lies in the fact that for the first time in modern domestic science, the process of transition from the clan organization of the Mongolian and Manchu lands to its modern state has been reconstructed, while considering it in the context of the continuity of key territorial structures, a significant part of which is currently functioning in the Chinese People's Republic Republic (provinces and districts).

DOI: 10.25136/2409-7136.2021.3.35144

Abstract: The subject of this research is the social relations arising in the context of performing tax function in the People’s Republic of China in the late 1920s – mid 1930s and their impact upon similar relations formed in the Chinese territories controlled by Japan in the 1930s: Manchukuo and Mengjiang. The object of this research is the tax system of the People’s Republic of China during the so-called “Nanjing decade” (1927-1937), when the Kuomintang Party headed by Chiang Kai-shek in a short time establishes control over a great part of modern China and begins the centralized policy, including in the area of tax legislation. Special attention is given to the key normative legal acts and government branches, which on the national and provincial levels perform tax function of the state. The article is the sequence of research dedicated to tax system and tax law of East Asian countries. The provisions of tax legislation of both the People’s Republic of China and Manchukuo, are introduced into the scientific discourse of legal science for the first time. The scientific novelty also consists in the comparison of legal systems of China and the Japanese satellites with regards to tax legislation and regulation of tax relations. The author comes to the conclusion that with active implementation of the Japanese model, the regulatory framework of Manchukuo and Mengjiang retained the key features of the Chinese law; but unlike the Chinese model, it was more effective.

DOI: 10.7256/2454-0706.2021.3.35235

Abstract: The object of this article is legal regulation of the economic policy of Japan in the occupied territories of Northeast China. The subject of this research is the legal mechanism for regulating price formation in Inner Mongolia during the existence of Mengjiang State. Based on the fact that the Japanese side sought to ensure that the new political unit, i.e. the State of Mengjiang would formally comply with the attributes of an independent state, the author infers the substantive part from the economic function of the state. The goal of the article consists in carrying out a historical-legal analysis of the legal regulation of price formation in Mengjiang. The author sets the task to give characteristics to the normative legal acts of Mengjiang that pertain to price formation; reveal their meaning, content, as well as the legal and social consequences of their application. The author concludes on the effectiveness of legal instruments of economic policy implemented for controlling price formation, with reservation that the military and economic efficiency should not be confused with social and humanitarian efficiency, as it was practiced by the Mengjiang government. The author’s special contribution consists in reconstruction of the legal instruments for economic management of a large region in East Asia, as well as in updating the existing information with new facts. The scientific novelty lies in introduction into the scientific discourse of new data that was previously unknown to a broad array of researchers.

DOI: 10.7256/2454-0641.2019.4.31465

Abstract: This article presents the attempt to analyze the legal status of the borders of foreign settlements in China of the late XIX – early XX centuries through the prism of the status of the corresponding territories. Through the period of the end of First Opium War (1842) and suppression of the Boxer Rebellion, the Qing Empire opens access to their ports for foreign states, which expand their influence in the region through practical division of the country into zones of habitation. The main instrument here is the foreign settlements, which have different legal status and various tasks, but serve as certain indicator of power and influence. The settlements often bordered each other, and their inhabitants commuted across the empire as well as in these territories, which prompted the need for regulation of the emerging legal issues, conflicts and their consequences. For the first time the legal nature of foreign settlements is being researched, as well as the status of their borders, since it defined and protected the interests of the state from infringement by the Qing Empire and the other states. While there were mostly no legal or border issues associated with the rental territories, which predominantly served as places of military presence, similar to current international military bases, position of diplomatic quarters produced rather contradictory opinions, analysis of which is carried out by the author.

DOI: 10.7256/2454-0609.2017.6.24596

Abstract: The subject of this study is the treaties and agreements that served as the normative basis for the construction of the Chinese Eastern Railway, one of the most successful foreign policy enterprises of the Russian Empire at the turn of the 19th – 20th centuries. The object of this study is the Russian national interests in the Far East. The railway project presented in the form of a concession solved several important geopolitical and strategic problems, among which the provision of the security of the Far Eastern borders of the empire, transport accessibility and access to the non-freezing ports of the Eastern seas were of primary importance. The methodology of this study involved an analysis of the treaties and agreements concluded between Russia and the Chinese side, as a result of which the Chinese Eastern Railway was built and successfully functioned for 40 years. For the first time, an attempt has been made to implement a systematic analysis of Russia's participation in the international relations in the Far East through the mechanism of concluding international treaties and agreements. Acting as the normative basis of Russian policy in the region, the author presents them for the first time as part of a comprehensive mechanism for ensuring national interests and also comes to the conclusion that the railway line was tied to the power of Russia, the presence of her own interests on the territory of Northeastern China and the ability to defend them.

DOI: 10.25136/2409-7810.2017.4.24422

Abstract: Hereafter, the authors attempt to determine the place of law enforcement agencies in the general system of authorities of quasi-states established in the territory of the northeastern provinces of the Republic of China in the 1930s-1940s. The state system of Manchukuo as the first among similar political formations and the experiment intended to become a visual demonstration of the correctness of the course chosen by the occupation authorities is the object of the study. The subject of the study is the law enforcement system of the kvazi-states of Northeast China on the example of Manchukuo as a "pattern state." The authors of the article give a general description of the state system, determine the authorities that carried out law enforcement activities, analyze their status, the order of formation, functions, and relationships with other state structures. The peculiarity of the law enforcement system was that the administrative division of the quasi-states of Northeast China was not homogeneous: provinces (aimaks, etc.), provinces and cities with special status were taken as independent units. In summary of the article, the authors come to conclusion about the effectiveness of the created system, which ensured the presence of occupation forces on the continent and the smooth functioning of the state apparatus.

DOI: 10.7256/2454-0641.2017.4.24575

Abstract: The subject of the research is the agreements and treaties between Russia and China as well as other states (France, Manchukuo, etc.) that have ensured the strategic presence of our country in East Asia. The object of the research is Russian interests in this region. The author of the article pays special attention to the contents of aforesaid treaties regarding Russian interests both in security and construction of The Russian World which was mostly expressed in parts devoted to Russia's jurisdiction. The methodology of the research implies contextual analysis of treaties and agreements on Russian concessions, Kwantung Province and Sino-East Railway in which one of the parties was Russia. For the first time in the academic literature the author of the article attempts to systematise international treaties and agreements that involven the Russian Empire/Soviet Union as well as to carry out their contextual analysis in order to define the mechanisms that ensured Russia's presence in one of the strategically important regions, Far East. The author of the article concludes that unlike other participants of such relations, Russia has been ensuring its presence only peacefully and taking into account interests of all other parties concerned. 

DOI: 10.7256/2454-0609.2017.1.20876

Abstract: The subject of this study is the legal status and political fate of the teachers at the Faculty of Law in the city of Harbin who after 1935 arrived in the Soviet Union. Following the Japanese occupation, a number of teachers was forced to switch to Soviet citizenship and to return to the USSR, while the Faculty itself ceased to exist in 1937. The faculty staff subjected to repressions can be roughly divided into 3 groups: 1. Those sentenced to capital punishment; 2. Those serving their sentences in camps; 3. Those subjected to repressions but with unknown fates. All of them were prominent scholars in the field of Chinese government, law, history and economy. The article’s research is carried out through a study of archival data, report material from the Faculty of Law, information on sentences with regard to repressed citizens, memoirs and recollections. The study’s novelty lies, above all, in presenting for the first time a complete list of victims of political repressions among the teachers at the Faculty of Law in the city of Harbin; secondly, the article publishes for the first time the biographical data of the most important scholars-Sinologists of that time: N. E. Esperov, A. A. Kamkov, M. L. Shapiro and others.

DOI: 10.7256/2454-0684.2016.11.20969

Abstract: The subject of research is the system of public authorities, as well as the constitutional development of the three political formations of Inner Asia, that were included in the so-called Soviet zone of influence in 1920-1930's: Mongolia (which later became the Mongolian People's Republic), Tannu-Tuva People's Republic and Buryatia (which later became the Buryat-Mongol Autonomous Soviet Socialist Republic). In the period of 1921-1936, all of them were legally a part of the Soviet Russia and the USSR (BMASSR 1923, TTNR - since 1944), or the Republic of China (Mongolia / MPR - in 1911-1945). The object of the study is the system of higher and local authorities, their constitutional and legal consolidation, conditions of the statehood process, and circumstances that influenced its change. The study was conducted using the analysis of the Constitutions and other legal acts (decisions of public authorities), examination of the status, order of formation and powers of the public authorities, as well as identification of their common and distinct features. The author is the first to comprehensively explore the nature of all of the three sate-like formations of Mongolian language peoples of Inner Asia that were under Soviet control and influence. The study subjects to the detailed analysis the Basic Laws of Mongolia, Tuva and Buryatia, as well as compares the bodies of state authority in their historical retrospective. This demonstrates the degree of influence of the Soviet Russia upon the polities comprising the zone of its interests.

DOI: 10.7256/2454-065X.2016.8.20325

Abstract: The subject of the study is the social relations regulated by the legislation on taxes in Inner Mongolia, after Mengjiang state was established in 1937. The author examines the tax instruments, mechanisms of replenishment of the state budget and the measures taken by the relevant public authorities for this purpose in detail, including tax reform and the improvement of the legislative base. The study reveals the types and amounts of taxes, the structure of the tax authorities, shows the features of the tax policy in Mengjiang’s neighboring political formations - Chang'an and Jinbei. The objective is achieved through the analysis of normative legal material, as well as previously unpublished data from the statistical compilations and economic journals. The main conclusions of the study are the significant progress and effectiveness of the chosen methods of the occupying forces, which led to the desired result and ensured the completion of the military budget. The contribution of the author is the structuring of the tax system and the introduction of the new scientific data relating to one of the economically and strategically important regions of China - Inner Mongolia.

DOI: 10.7256/2454-0765.2016.3.19661

Abstract: The subject of the present research article is the organizational bases of quasi-states of Northeast Asia's financial systems created in 1930 during the occupation of the region by the Japanese armed forces. Much attention is paid to the financial system of Manchukuo as a political phenomenon which was one of the first to be created on the continent and served as a model for similar state political organizations. The system of public financial institutions is studied and the functions and responsibilities of key government bodies are characterized. Based on rich archival material and data not published earlier in Russian academic journals, the author examines the stages of the development of the financial system, its ideological basis, levels (national, provincial, district) as well as highlights the specifics of financial management bodies construction in the administrative-territorial units with a special status. A significant part of the research is devoted to the issues of legal regulation of financial relations: normative legal acts regulating the state apparatus financing activities. At the end of the article the author provide a comparative analysis of the state system of Manchukuo with other political organizations and conclude about the identity of their financial systems as well as the effective policy of the occupying forces. The article is funded by the President of the Russian Federation Grants Council support of young Russian scientists and PhDs "Quasi-States of Inner Asia: The issue of statehood in the context of the struggle for self-determination of nations" (MK-6398.2016.6).