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Publications of Nikulin Viktor Vasil'evich
Sociodynamics, 2017-2
Nikulin V.V. - Class structure of the Soviet society and socio-legal status of a person in Soviet Russia over the period of 1920s pp. 9-21

DOI:
10.7256/2409-7144.2017.2.20696

Abstract:  This article discusses the process of establishment of a new social-class structure of society that is based on the idea of strict organization of society according to the class affiliation and confrontation between the classes. The author identifies the mechanism of social selection, as well as the main criteria for determination of a social class. Considerable attention is devoted to the socio-legal implications for the status of the individual division of society into antagonistic classes. In particular, the article analyzes the legal and political grounds for the deprivation of electoral rights of the citizens. Legal precedent alongside the legal consequences of deprivation of rights for different social groups is demonstrated. The author examines the practice of implementation of class principles within the Soviet criminal policy during the period of 1920's, as well as proves that the Soviet penal system was built mainly on the idea of strict differentiation of society according to social status. As a result, the punishment was based not on the combination of person's wrongdoing or type of crime, but rather the nature of the group to which he belonged to; and this can be defined as legal discrimination on the basis of class differentiation. The conclusion is made that the hierarchically structured system of social-class communities determined the unequal social status of different social groups, which significantly reduces the possibility of the person's participation in political and public life, influenced their financial situation, and to determines the unequal legal status. 
Genesis: Historical research, 2017-1
Nikulin V.V. - Political doctrine and composition of the ruling party (regulation of social composition of the Russian Communist Party (Bolsheviks) All-Union Communist Party of Bolsheviks in 1920s: goals, specificity, results) pp. 78-97

DOI:
10.7256/2409-868X.2017.1.20695

Abstract: Based on the primary sources this article analyzed the complex of measures conducted by the Soviet leadership regarding the changes in social structure of the Communist Party over the period of 1920’s. The author examines the crisis phenomena in the party, which became evident in the early 1920’s, as well as determines their causes and consequences. The article explores the process of formulation of decisions by the supreme leadership of the Russian Communist Party (Bolsheviks) – All-Union Communist Party of Bolsheviks aimed at overcoming of the crisis phenomena in the party. It is defined that the key task of the actions taken in this direction consisted in strengthening of the social foundation of authority as the basis of domestic political stability. The author reveals the conceptual content of the process and forms of its manifestation along with the content and goals of particular measures of regulatory character pertaining to transformation of the social composition of the Communist Party, including purges of the party, “Lenin’s summon” into the party, as well as development of coarse criteria of formation of party’s composition, etc. The conclusion is made that the crucial consequence of the complex of measures taken in 1920’s on changing the social composition of the party, became the intensively developing process of division of the party members according to social estates – bureaucratic principle, creation of workforce potential of the government.
Genesis: Historical research, 2016-6
Nikulin V.V. - Legal and social aspects of matrimonial relationship in Soviet Russia (1917-1920s) pp. 108-122

DOI:
10.7256/2409-868X.2016.6.19612

Abstract: This article analyzes the process of changing the legislation in matrimonial field, as well as the practice of state regulation of matrimonial relationship in post-revolutionary period from the proclaimed at the beginning revolution of “freedom of love” to the tightening of the policy in the second half of the 1920’s. The author traces the process of synchronization of changes in ideology of the matrimonial relationship and the corresponding legislation. The article examines the legal and social regulators of the behavioral model of population in matrimonial relationship, formulation of the corresponding legislation, as well as separate aspects of the behavioral norms of certain social groups, particularly introduction of the behavioral norms in matrimonial relationship in form of the so-called “party ethics” for the ruling party. The author claims the the transition towards the more strict behavioral model of matrimonial relationship in the second half of the 1920’s was caused by the clear negative consequences of the free model of behavior in the initial period of revolution. It is proven that in the 1920’s, the practice of development and implementation of the norms of matrimonial relationship based on the revolutionary-innovation ideas did not stand the test of the practice of social life. The traditional family confirmed its importance as the core social institution. The revolutionary experience only led to devaluation of the behavioral norms and loss of multiple norms that control the human behavior.
Legal Studies, 2014-9
Nikulin V.V. - Desertion at the time of the Civil War in Russia. General characteristic features, extraordinary circumstances legislation and criminal punishment (1918-1920). pp. 23-50

DOI:
10.7256/2305-9699.2014.9.13064

Abstract: The author studies the main tendencies in the development of military criminal legislation regarding desertion, analyzing the system of criminal responsibility for it.  It is shown that the criminal responsibility for desertion was introduced in the second half of the 1918, when desertion became a mass matter in the second half of 1918, when the mass draft to the Red Army took place. The author singles out the main motives for the unlawful behaviour of the draftees.  The main causes for desertion at the time of the Civil war involved social, economic, moral and psychological factors, and they formed the main motivation for the desertion. The moral and psychological reasons involved a religious factor, namely, refusal to serve in the army due to the moral values.  The Soviet Russia provided a legal opportunity to avoid military service due to the moral issues, and this opportunity was often abused in order to avoid mobilization to the army.  The author also analyzes the main factors and methods for fighting desertion: measures of criminal prosecution, taking hostages, proprietary sanctions, etc.  It is also noted that military criminal legislation of the time of the Civil War concentrated first of all on the development of legal norms against desertion. There was also an obvious tendency for stricter punishments for the desertion and facilitating actions: oncealment of desertion and instigation to desertion. The criminal legislation also widened the range of aggravating circumstances. The conclusion is made that military criminal legislation regulated fighting desertion and by the end of the Civil War, a developed system of specific criminal sanctions with great differentiation of applied measures depending on the character of an action, degree of its maliciousness, role and character of co-participation and direction of the intents of the co-participants existed. Therefore, the military criminal legislation at the time of the Civil War in Russia has formed the basis for the later Soviet military criminal legislation.
Sociodynamics, 2014-8
Nikulin V.V. - Bolsheviks and Party Ethics: Standards of Behavior, Social Control and Inter-Party Everyday LIfe (the 1920th) pp. 26-82

DOI:
10.7256/2306-0158.2014.8.13062

Abstract: Object of research is the problem of a moral condition of Bolshevik party in the 1920th years and attempt of the guide of Bolsheviks to develop behavioural norms of party members in various life and political situations united in a peculiar party behavioural doctrine under the general name "party ethics".It is claimed that the necessity of development of behavioural norms was caused by active moral degradation of party which began during civil war. In the years of war at party members, especially in a key element, the feeling of exclusiveness and indispensability and as a result - permissiveness arose and became stronger, and the bulk of the population which was exposed to violence from all directions, in turn has a complex of subordination, indifference, fear of party functionaries. In such social and psychological situation, the authority of party promptly fell. Already in the early twenties in the management came to a conclusion that it is necessary to stop "liberties" of the first postrevolutionary years development and deployment in life of the laws of behavior including set of a ban for party members in their introduction on party Wednesday and a strict requirement of performance.In 1924 the morals are finally approved as party category and become a form of social control over party members of Bolsheviks, and subsequently and over all society. Process of development and deployment of behavioural norms in everyday life, the attitudes towards them of rank-and-file members of party and citizens is analyzed. It is proved that practice of development and application in the 20th years of standards of party ethics showed all their artificiality and remoteness from real life. Former moral values were replaced with the tough materialistic theory, narrow and materialistic political realism, Bolsheviks a little that offered new that would be perceived by the people at once and unconditionally. The neglect to heritage of ancestors, culture of the past was available. Rigid confrontational stereotypes took root. There was a devaluation of the ethical standards, because of loss controlling behavior of the person of many norms. On the practical level introduction of standards of party ethics in everyday life wasn't led to essential change of behavioural stereotypes in everyday life. Growth of corruption, lawlessness, household hooliganism observed for 1920 years among party members were the certificate to that.
Sociodynamics, 2014-8
Nikulin V.V. - Creation and Implementation of State Policy in the Sphere of Alcohol Production and Distribution in Soviet Russia: Peculiarities and the System of State Legal Regulation (1917 - 1930) pp. 83-111

DOI:
10.7256/2306-0158.2014.8.13063

Abstract: Process of formation and realization of a state policy in the sphere of production and a turn of alcohol in the Soviet Russia, its feature and system of state and legal regulation during 1917 - 1930 is considered. The main attention is paid to the analysis of social and legal aspects of a state policy of the Soviet Russia in this sphere. The social reasons of consumption of alcohol by the population are analyzed, attempts of the authorities to limit to measures of administrative and legislative character illicit manufacturing of alcoholic beverages and to minimize negative economic and public consequences of abuse of alcohol. It is claimed that the right and administrative measures undertaken by the power for establishment of the state control over the sphere of production and a turn of alcohol in the 1920th years in areas in general were ineffective. The illegal turn of alcohol remained high and competitive to public sector. The authorities didn't manage to cope with an alcoholic problem in the social plan. In the late twenties, also as well as at their beginning, alcoholism, wastes on this soil, moonshining remained on one of the first places in criminal statistics and "the painful phenomena" of society. Considerably it was promoted by inconsistency of the authorities in carrying out alcoholic policy, survivability in the society of drinkable traditions.
Sociodynamics, 2014-4
Nikulin V.V. - Political and Legal Aspects of Arrangements and Activity of the Constitutional Assembly of the Russian Federation: Background of the Problem pp. 89-119

DOI:
10.7256/2306-0158.2014.4.11183

Abstract: The subject of research is the political-legal and historical-legal aspects of the organization and activity of the Constitutional Assembly of the Russian Federation. Its legal status as institute of adoption of the constitutional amendments and revision of the basic law is fixed in provisions of the 9th chapter of the Constitution of the Russian Federation. It is noted that the order of election of the Constitutional Assembly, its numerical structure, term of activity, a basis of an operating procedure and many other features in the Constitution aren't opened. The federal constitutional law which is still not adopted is urged to define all these provisions. Theoretical bases of the constituent power, historical aspects of realization of idea of the Constituent, including in Russia are analyzed. The main attention is paid to consideration of history of the discussions about the Constitutional Assembly of the Russian Federation occurring in the last twenty years in the Russian society, to the analysis of the relation of various political forces to convocation of the Constitutional Assembly of the Russian Federation, consideration various versions of the offered laws on the Constitutional Assembly. The considerable attention is paid to the analysis of discussion about expediency of adoption of law on the Constitutional Assembly of the Russian Federation. The conclusion that the institute of the Constitutional Assembly  in Russia isn't designed even at the standard level is drawn. The ambiguity and inaccuracy of the constitutional provisions relating to the Constitutional Assembly demand their additional interpretation by the Constitutional Court before they become standards of the federal constitutional law. There is no the developed idea of structure of the Constitutional Assembly, conditions and initiators of its convocation, volumes and terms of office of the Assemby. The author counts on introduction of a certain contribution to scientific illumination of a problem of the relation of various political forces of Russia to improvement of the Constitution of the Russian Federation and prospects of its change.
Genesis: Historical research, 2014-1
Nikulin V.V. - Social and Legal Aspects of Anti-Corruption Enforcement in the Soviet Russia (the 1920th) pp. 24-61

DOI:
10.7256/2306-420X.2014.1.749

Abstract: The author of the article investigates the experience of fight against corruption in the Soviet Russia in the 1920th years against the developed new economic relations (New Economic Policy) and the analysis of legislative and law-enforcement actions of the power counteracting. The main attention is paid to counteraction to bribery, as to the most characteristic manifestation of corruption. Various aspects of manifestations of bribery and specific actions of the authorities on its minimization are considered. It is claimed that experience of fight against corruption in the 1920th years testifies that, despite drastic legislative measures, corruption in the form of bribery appeared the unbeaten phenomenon of the Soviet-Russian reality, remaining the most essential component of nomenclature crime. Is shown that corruption changed and continued to exist. The bribe during strengthening of fight against it becomes latent, sophisticated, with attraction of the whole chain of intermediaries and use of the hidden methods of receiving. The conclusion that corruption was in many respects generated by the system is drawn and "military and bureaucratic dictatorship" generated them. Dictatorship promoted development of psychology of impunity of the nomenclature, aggravated with system of its withdrawal from punishment, destruction morally - moral principles of society that led to elimination of constraining motives of behavior. The situation was aggravated with low cultural level in the mass of the Soviet officials, the mutual responsibility reigning in the nomenclature environment, negative attitude to the law and confidence that received material benefits from a held post – deserved remuneration of the winner. Without having before revolution in what Russia - or especially recognized high situation, Bolsheviks, having come to the power, reached the highest position in the Russian society. Is shown as the consciousness of own exclusiveness easily turned into permissiveness. Situation was aggravated with lack of independent judicial system that generated low efficiency of national vessels, corruption of judges didn't allow to use the most important principle of punishment – its inevitability, to use all legal potential of the prevention and bribery eradication. The author comes to a conclusion about need for fight against corruption of application of a package of measures of legal, economic, moral character is constant and precautionary influencing potential corrupt officials.
Genesis: Historical research, 2013-6
Nikulin V.V. - The Need for Safety. Legal Status of the All-Russian Emergency Commission, State Political Directorate and Joint State Political Directorate in the Structure of the Soviet State pp. 25-84

DOI:
10.7256/2306-420X.2013.6.751

Abstract: The author of the article views the problem of creation and legal structuring of the All-Russian Emergency Commission in the system of the Soviet state. The author analyzes the relations between the Commission and other repressive authorities and describes serious organizational and legal contradictions between those. The author also studies the process of differentiation between competences and legal authorities of the Commission and other repressive authorities, in particular, Revolutionary Tribunals. The author also studies attempts to assign a more concrete legal status fo the Commission. By studying historical archives, the author analyzes the process of reinforcement of the structure of the Commission and establishment of the Commission subdivisions in the provinces. Noteworthy that that process was quite slow and difficult because creation of the Commission subdivisions had to 'compete' with numerious local commissions and other local emergency agencies. The author also traces back the process of strengthening of the role of the Commission in the entire state structure against the background of developing military and political environment. The author also views the process of re-organization of the Commission subdivisions during the New Economic Policy including restriction of competences, limitation of investigation periods and so on. 
Politics and Society, 2013-6
Nikulin V.V. -

DOI:
10.7256/2454-0684.2013.6.6393

Abstract:
Genesis: Historical research, 2013-5
Nikulin V.V. - Justice and Politics: the Balance Between Politics and Law in the Soviet System of Punishment pp. 1-59

DOI:
10.7256/2306-420X.2013.5.747

Abstract: In this article conceptual views of theorists of Marxism-Leninism of a policy and right ratio are considered. The author of the article analyzes interrelation of the political doctrine of the Bolshevism with system of punishments, concrete manifestations of class policy in the system of punishments existing in the Soviet Russia in the 1920th years are shown. It is proved that in the Soviet Russia the politized right defined also class approach to definition of the principles of system of punishments. At class approach motivational action of punishment significantly decreased that inevitably influenced crime increase among "the classes". Steady templates of legal behavior, the relation to the law, generally nigilistic character were formed. The impunity and permissiveness atmosphere that conducted to the conflict of social behavior and a class association was created. It is claimed that the criminal and legal reform which is given out as revolutionary change of all criminal orientation of the Soviet right and law-enforcement system, embodied in UK RSFSR of 1926, didn't change essence of legal policy, having kept in it lines of the repressive character which has amplified to signs of legitimate terror in the late twenties. And emergency criminal measures of punishment came true various socially – the political significant reasons for a justification of ill treatment of own citizens.It is noted that the institute of legal responsibility in the Soviet Russia had unambiguously class character. It was considered to be the basis of legal responsibility not only an offense, but also socially dangerous condition of the personality. The nature of punishment in many respects was defined not by the principle of justice, and political purposefulness. 
Genesis: Historical research, 2013-4
Nikulin V.V. - Specifics of State Policy During the Period of Civil War in Soviet Russia (1918 - 1920) pp. 88-133

DOI:
10.7256/2306-420X.2013.4.324

Abstract: The article is devoted to the specific features of state policy implemented by Bolsheviks during the Civil War. The author defines the followin specific features of the policy: political intimidation in the form of terror, collective punishments, legal extremism. Are analyzed practice of their application, conditions of emergence and long-term consequences for formation of the Soviet it is state - legal policy as complete concept.Influence of civil war on formation of "the military and Soviet legal culture" which found reflection in made legal decisions and methods, as a whole in legal policy is traced. The thesis that the role is right in the conditions of the solution of the main task - "protection of revolution" locates, became minor and in the organizational plan completely included in the party and state system. The author comes to a conclusion that the main feature is state – legal policy there was an intimidation in the form of terror. Terror became defining method of preservation of the power when the law is replaced with fear and violence, the main components of policy of intimidation.Work is written generally on regulations and archival documents a material therefore it can be used when developing scientific subjects, when writing articles and monographs, and also in the course of studying of training courses "History of state and law of Russia", "History of political and legal doctrines" and other training courses
Genesis: Historical research, 2013-3
Nikulin V.V. - Party and Government Nomenclature and Law in Soviet Russia: Dual Liability or Special Legal Conditions (the 1920's) pp. 1-43

DOI:
10.7256/2306-420X.2013.3.750

Abstract: The article is devoted to the theoretical and practical aspects of the process of formation of the party and government nomenclature during the civil war and New Economic Policy. The author of the article makes a very important conclusion that it was the war that created a special type of a Soviet leader. The author also underlines the constant aspiration of the Soviet nomenclature towards better life and comfort including by the means of simple corruption. That led to the growth of crime among officials and increased criminal prosecution of officials. Taking into account the deficiency of loyal staff, the government decided to create the system of special legal privileges for Soviet official. Those legal privileges allowed to avoid responsibility for the crime committed. The author of the article in detail analyzes archive sources and other documents and describes the process of creation of the system of special legal conditions for representatives of the Soviet nomenclature who committed crime. The author also analyzes the legal and social consequences of that double standard policy. The author makes an assumption that in the 1920's Russia followed the double legal standard policy. There were standards especially for the Soviet nomenclature and other standards applied to regular citizens. The double legal standards were based on the unoficial law and existed in the form of secret regulatory acts. Those acts were addressed to judicial authorities and regulated the legal policy towards party members. 
Law and Politics, 2010-5
Nikulin V.V. -
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Politics and Society, 2010-5
Nikulin V.V. -
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Law and Politics, 2009-8
Nikulin V.V. -
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Politics and Society, 2009-8
Nikulin V.V. -
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