DOI: 10.7256/2306-420X.2014.4.13161

Abstract: Article is devoted to studying of background and early stages of ethnogenesis of an ancient mordva. The author analyzes the traditional points of view on process of formation of the Mordovian ethnos. Verification of the autochthonic concept of an origin of a mordva is carried out. Possible specific weight of various groups of the ancient population which took part in its ethnogenesis becomes clear: carriers of gorodetsky, penalty-abyzsky and pyanoborsky cultures, vostochnobaltskikh of tribes and Sarmatians. The question of the possible reason of their migrations on the territory of Sursko-Oksky Entre Rios is brought up. The main stages and chronology of ethnogenesis of a mordva are considered. The methodology of research is based on the analysis of archaeological sources: burial grounds, settlements and ancient settlements. At interpretation of data of archeology data on linguistics and written sources are used. In article the conclusion that the population of gorodetsky culture, contrary to the traditional point of view didn't play a noticeable role formation of the Mordovian ethnos is drawn. Addition of an ancient mordva results from population shift of pyanoborsky and penalty-abyzsky cultures from the territory of the left-bank basin of the river. Béla. It is possible that vostochnobaltsky tribes also took part in ethnogenesis of Mordivians.

DOI: 10.7256/2306-420X.2014.4.13050

Abstract: For the last quarter of century the average of prostitutes lowered to 14-15 years old. But serious talks about child and teenager prostitutions began in the end of XIX century. The article reviews historical experience of fighting this phenomenon, which is also important for a present-day situation. The author compares the expansion and fight against child prostitution in the Russian Empire and the USSR, showing drawbacks and mistakes of the State power bodies and public organizations.  The researcher reviews this difficult and long time concealed topic in the basis of statistical data, publications and contemporary researches. Child prostitution spreads in the conditions of family values crisis, the absence of a working lawful basis of punishments of pimps and the consumers of such services. A big increase of this social deviation appeared during the First World War because of bad economic conditions and an increasing number of refugees from Western regions.  During the period of NEP many street children were involved in prostitution. The Soviet state changed the situation not only with the help of repressive measures, but also with strong attention to motherhood and childhood.

DOI: 10.7256/2306-420X.2014.4.13355

Abstract: Regulation of the relations with participation of consumers is of great importance for any democratic state as this sphere carries not only economic, but also national social character. Even in the most ancient time legislators sought to provide interests of buyers, mainly, controlling correctness of conducting trade activity. At the same time, during the pre-revolutionary period there were no the special norms providing responsibility of the seller just before the buyer. Laws of the Russian Empire didn't create consumer protection as independent institute of civil law, and only created its some elements. But these elements, mainly, formation of the right for quality, served a basis for further development of the norms protecting the rights of buyers. In the course of research by the author analytical, problem and chronological, comparative-historical methods which application to studying of the historical past provides the analysis of the occurring events in their interrelation and the corresponding concrete historical context were used. Scientific novelty of research is shown that the author shows influence of the theory and practice of pre-revolutionary protection of the rights of buyers for need of understanding of a harmonious combination (ratio) of public and private-law means, ways and forms of impact on the violator of the legislation on consumer protection in their modern value. The author comes to conclusions that the domestic pre-revolutionary legislation and the scientific doctrine didn't provide special norms on protection of the rights of the consumer; for the pre-revolutionary legislation governing the relations with participation of consumers the public nature is characteristic; prerequisites of understanding of consumer protection as the complex legal phenomenon connected with active state and legal regulation were created.

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.

DOI: 10.7256/2306-420X.2014.4.13478

Abstract: In article the problem connected with prospects of development of the Russian culture rises. The emphasis is placed on the importance of a postmodernism which in the categories tries to comprehend the process of transformation of state and educational ideology of an era of a modernist style which began at the end the XX beginning of the XXI centuries. Events of the last years in Russia show that the begun process of reconsideration of cultural policy of an era of a modernist style which was based on the totalitarian principles of the management of culture, can be suspended. The author raises a question of possibility of further continuation of this process. The analysis of development of the Russian culture, starting with Petrovsky is carried out and, finishing with the Soviet era which allows to reveal its educational orientation which is closely connected with the state ideology directed on introduction in mass consciousness of a cult of the strong personality, creation of bureaucratic machinery, the monitoring system and a regulation of all spheres of activity. In the conditions of transformation of educational values of an era of a modernist style, the postmodernism becomes one of the most adequate directions reflecting a condition of modern culture. The author focuses attention that for modern Russia manifestation in cultural policy of lines of state and educational ideology of an era of a modernist style, establishment of rigid control of creative activity, becomes rather actual problem.

DOI: 10.7256/2306-420X.2014.4.12056

Abstract: In article features of legal status of peasants in East Armenia, the characteristic of their property and non-property rights, as during the period before accession of East Armenia to the Russian Empire (the first quarter of the XIX century), and after entry of the Armenian lands into structure of the Russian Empire are considered. Foundations of division of peasants on various groups on which depended not only a set of the rights and duties, but also a procedure for payment of taxes and other obligatory payments are analyzed.Change of the state accessory of the Armenian lands entailed serious changes in its social, economic, politichny order and legal system. The indicator of these changes, undoubtedly, position of the population and, first of all, the most numerous estate – the peasantry which left about 90 percent of the Armenian population is. The state (state) peasants made the vast majority of them about 80 percent. The others lived on landowners' estates and were called as landowner peasants. In article the adopted acts directed on definition of the rights and duties of peasants in system of the new power are analyzed. In work the following general methods of research - the description, analogy, the analysis and synthesis, logical and historical modeling are used. For the analysis of various points of view on development of legal status of peasants and its separate elements the dialectic method of knowledge was used. When writing article such special methods, as historical and legal, comparative-historical, comparative and legal, formal and logical, system were used. Application in total of the specified methods allowed to solve in a complex set the purpose and the tasks. The author of article for the first time systematized all acts, archival data, and also the main researches of the pre-revolutionary, Soviet and modern periods concerning legal status of peasants in East Armenia in the XIX century. Entry of East Armenia into structure of the Russian Empire and acceptance of a number of legal acts led to a certain systematization of legal status of the peasantry. Though, it should be noted that the adopted acts often contained the measures which had "vague" character in this sphere. It is connected with that the state policy of the considered period, in the most part, was directed on support of estate of land owners as they were a support of the government on places. Some attempts to carry out a full-fledged peasant reform weren't finished. However, despite all shortcomings, the carried-out transformations allowed to include Armenia and to its population in the process of creation of the capitalist, commodity-money relations which captured almost all empire.

DOI: 10.7256/2306-420X.2014.4.11951

Abstract: The article researches the Islamic clergy of the Middle Volga Region (Tatar ASSR, Penzenskaya, Ulyanovskaya and Kujbyshevskaya Regions) in the 1940s: the age, level of education, nationality, social position of the Islamic religious workers, forms and methods of their confessional practice (organization, religious practice, elements of the religious modernization), relations with the Soviet power representatives (with the representatives of the Religion Affairs Council). The mosques of the Middle Volga region are reviewed as a material basis of the social consolidations of the Muslims, spiritual centers for the Muslim population. The following principles were takes as a theoretic and methodological basis: a) objectiveness; b)historism; c) systematicity; d) objective measurement of the social and personal in the subject of the research and the most possible counteraction of the subjective attitude of a researcher when estimating and interpreting the facts.     The following special historical principles have been used in the research together with the methodological ones: historical comparative, actualization, problematic chronological, diachronic. Also, general scientific principles have been used: structural systematic, statistical, classification. All of the principles let analyze the evolution of the relation between the State and the Islam, view the Soviet/Russian Muslims in the set of their constituents, analyze and compare different data to find out the main peculiarities and existential characteristics.   During 1940s the number of mosques in the Middle Volga region remained more or less constant. Most mosques were situated in the countryside, in Penzenskaya and Kujbyshevskaya Regions in the regional capitals mosques did not function. The number of the Muslim religious workers remained on the same level (corresponding to the number of mosques) after an increase during the period after the war. The Islamic religious workers in the Middle Volga region were mullahs and muezzins. In some villages there were no imams and muezzins because of a very small number of Islamic religious workers. Sometimes there duties were performed by other people or old men – babajs.    The Muslim religious workers were quite active in working with the local people. The most important element of Islamic religious practice was a preach.  The Muslim religious workers of the Middle Volga region were characterized by high age limit and low level of education, both general and religious. The imams were rather old and some of them did not often preached, especially in Penzenskaya region. In the middle of 1940s the Soviet government allowed the Soviet Muslims to go on journeys to Mecca. A mullah, especially in the countryside had great authority. The main Muslim ceremonies in the Middle Volga region were janazah, nikah, isim, sunnet.

DOI: 10.7256/2306-420X.2014.4.11968

Abstract: The subject of the research is a source study of history of the Russian state and law. The study of history is based on positive and legal sources: legislation, law enforcement practice, documentary materials.  Law historians underestimate the role of sources of personal nature, such as memoirs, diaries, epistolary heritage. Among these sources of historic and juridical information a special place is take by documentary-artistic works that reflect personal impressions of a writer who is a direct participant or an observer of the events described. Regarding this, “The Notes from a Dead House” by F.M. Dostoyevskij is a unique historic evidence which can be viewed as a historical source and a medium of information about the past for a law historian. The subject of the research is to define the basic characteristics of a certain literary work under research as a historic and juridical source for finding out the qualitative characteristics and peculiarities of this information source and also to use the scheme and method of research of a certain literary work for creating a matrix of research work with such kind of sources. The methodology of the research is based on using the methods and techniques of different sciences and consists of relying on their approaches. The methodology of historical source study lets us rely on modern approaches to study the historic information sources of personal nature (within the article limits) (informative, communicative and biographical) in the context of the author’s live and peculiarities of a certain literary work. The scientific novelty of the article consists in the analysis of a certain literary work and to study it as a historic and juridical source of knowledge of the State and law in retrospective projection, attracting the law historians’ attention to the information sources that are out of normative and official documentary acts. Using documentary artistic works for studying politics and law, studying the real functioning of governmental and law institutions reflected in these works, aspiration to understand the difficulty and depth of the processes in the epoch under research and the influence they had on the writer’s personality let widen the limits of History of the State and Law, involve this juridical science in the discussion on the topic of “Literature and Law”.  Methodological approaches and methods of work with documentary artistic works as with historic information media are shown on the example of the certain work of literature.