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Genesis: Historical research
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MAIN PAGE > Journal "Genesis: Historical research" > Contents of Issue № 06/2014
Contents of Issue № 06/2014
Academic schools and paradigms
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.
Romanovskaya L.R. - Russian Legal Studise at the Age of Enlightenment pp. 31-43

DOI:
10.7256/2306-420X.2014.6.13702

Abstract: It goes without doubts that fact that the legal community always actively influenced development of the state and statehood in Russia therefore problems of quality, systemacities, an ideological orientation of legal education and a level of development of jurisprudence have not only theoretical, but also especially practical value. In this regard the author addresses to sources of the Russian law – by the period of the "Russian" Education when traditions of domestic legal science arose, the western legal ideas were exposed to reconsideration, the foundation of the Russian legal education was laid. On the basis of application dialectic, logical, system, historical and other methods of scientific knowledge, the author comes to a conclusion about need of promoting of legal knowledge and achievements of jurisprudence, and also to increase of the importance of the general legal disciplines (legal philosophy, political and legal doctrines, the theory of the state and the right, etc.) in the course of training of law students.
Interdisciplinary research
Buchatskii I.V. - Questions of Using Modern Digitical Technologies for Preservation and Processing of 'Big Historical Data' pp. 44-74

DOI:
10.7256/2306-420X.2014.6.13610

Abstract: Development of "the digital humanities" led (Digital Humanities) to understanding of limitation of traditional information technologies for storage and processing of historical data (in particular, mechanisms of relational DBMS). Plurality and a variety of historical sources, explosive growth of volumes of new data, including in a cluster of the social humanities, put in the forefront a problem of increase of efficiency of processing of scientific information in the distributed digital environment. These questions were investigated in relation to the tasks which arose in the course of implementation of the project on creation on the Internet of the interdisciplinary information and analytical platform "History of Modern Russia". The theory of information systems, the theory of databases were applied to the solution of research tasks, system, comparative, formal and logical and other scientific methods. The assessment of prospects of use of concrete technologies of modern programming at creation of information platforms in the field of the digital humanities is given. Key characteristics of the most effective technological decisions allowing to provide expansion of scales and increase in productivity of the operating History of Modern Russia platform for work with "big data" are formulated. The conclusion is drawn on expediency of application of NoSQL – decisions, language of the scenarios Pig Latin and a platform of the distributed calculations of Apache Hadoop MapReduce.
Buyanov S.S. - Prospects of Using 3D-Technology for Developing Information Analytical Platform 'History of Modern Russia' pp. 75-97

DOI:
10.7256/2306-420X.2014.6.13674

Abstract: Active application 3D - technologies in historical and culturological researches began more than a quarter of the century back. However, despite constant increase in number large-scale 3D - projects in Russia and abroad, the question of efficiency of use of methods of three-dimensional visualization and "virtual reality" from the point of view of achievement of the set scientific and educational objects is a subject for further reflections and discussions. As one of the main tasks of further development of the information and analytical platform "History of Modern Russia" created with assistance of RGNF (project No. 13-31-11003) is increase of popularity of this resource, in work are investigated various 3D - technologies and projects from the point of view of an assessment of prospects of realization of similar approaches for attraction of interest of audience to questions of national history of the end of XX-of the beginning of the XXI centuries. Methods of induction, deduction, abstraction, formalization, systematization, comparison, other analytical methods were applied to the solution of research tasks. Advantages and shortcomings of various 3D technologies - scannings, and also opportunities, achievements and the main problems connected with use of methods of three-dimensional visualization for the solution of problems of preservation, research, restoration and reconstruction of objects of historical and cultural heritage are analysed. The assessment of prospects of use 3D - solutions for further development of the information and analytical platform "History of Modern Russia" is given.
Evolution, reform, revolution
Dunaeva N.V. - Reformative Draft Law as a Tool for Developing the Russian Legal Culture of the XIXth Century pp. 98-121

DOI:
10.7256/2306-420X.2014.6.13782

Abstract: Subject of the present article are the legal ideas and bills directed on reforming of the public relations upon transition from agrarian to industrial society in Russia in the second half of the XIX century.The author in detail considers such aspects of a subject as the theoretical bases of lawmaking in a transition period, including in aspect of interaction of tradition and an innovation; a role of legislative impact of the state on rates and quality of reforming of the social relations upon transition from evolution, agrarian to an industrial stage; reformatory potential of unrealized bills on the example of the bill "About Application of Provisions on February 19, 1861 to Peasants Monarchic, Specific, Palace" of October 27, 1861. Methods are used: general scientific methods (dialectic, system, ascensions from abstract to concrete, unities of historical and logical research and others) and chastnonauchny methods, including, in the field of jurisprudence (concrete historical, the sociocultural analysis, social and legal modeling, legallistic, comparative and legal and others). The historical and legal analysis of the specified bill in the context of legal culture of transitional society allows to carry it to the significant phenomena of the Russian legal culture of the XIX century and to highly appreciate both the reformatory potential of this little-known bill, and level of sense of justice and professional legal culture of his developers.
Personality in history
Kharlan A.A. - Eastern European Policy of the Chancellor of Germany Angela Merkel in Terms of Personal Perception of Russia and Ukraine pp. 122-137

DOI:
10.7256/2306-420X.2014.6.13665

Abstract: Merger of two German states and change of the status of Germany on the international scene became a consequence of radical geopolitical changes of the end of the 1980th – the beginnings of the 1990th. Germany had an urgent need to modernize the foreign policy in the East European direction as with end of an era of "Cold war" its eastern frontier automatically became eastern frontier of the European Union. Modern Germany as the political and economic leader among the European states is one of the most desirable partners for Russia and Ukraine. The German chancellor Angela Merkel, holding this post since November, 2005, has every chance to continue to influence formation of the East European policy of Germany and the European Union, at least, till fall of 2017. This fact defines scientific and practical interest in its political installations influencing perception of Russia and Ukraine. The German-Russian interaction during Angela Merkel's chancellorship, despite her former reusable criticism of "the special relations" of G. Schröder and V. Putin, didn't undergo essential changes. The position of the chancellor Merkel concerning Russia and Ukraine can be defined as pragmatical and careful. Germany, as before, doesn't wish to finance the Ukrainian European aspirations along with business, more important for Germany, – rescue from bankruptcy of the eurozone. At the same time Germany has no need and transformation of Ukraine into the anti-Russian base, a possible source of intensity in Europe. In too time of Merkel doesn't want that the Russian policy of Germany differed from the Russian policy of the European Union. The politician Merkel concerning Russia and Ukraine Russia and Ukraine in close prospect recognizes that are ready to accept "modernization partnership". Therefore, there is no need to refuse the project "Great Europe" with participation of Russia and Ukraine.
History of law and state
Galuzo V.N. - On the Legislatino and Guarantees of its Uniform Execution by Representatives of the 'Prosecution Position' During the Reign of Anna Ioannovna pp. 138-161

DOI:
10.7256/2306-420X.2014.6.13416

Abstract: Article in general is devoted to providing with representatives "the prosecutor's position" uniform performance of the legislation in board of "Monarchess Imperatritsy" of Anna Ioannovna. An object of research are the regularities connected with change of boards in the Russian Empire; definition of a place of board of "Monarchess Imperatritsy" of Anna Ioannovna in system of boards in the Russian Empire; ensuring uniform performance of the legislation; the list of offices and positions, in them consisting; a role of separate offices and positions, in them consisting in ensuring uniform performance of the legislation in the Russian Empire; a priority of a position of the prosecutor in ensuring uniform performance of the legislation; a ratio of a position of the prosecutor with other positions (the sneak's position, a position of a reketmeyster, etc.) . Method of research I became historical and legal, allowed to define system of legalizations of the Russian Empire on the basis of which conclusions were formulated. The author in the course of research drew the following conclusions: The "Supreme" power in board of "Monarchess Imperatritsy" of Anna Ioannovna appeared less effective in comparison with board of "Sovereign Imperator" of Pyotr Alekseevich ("Peter I"). In board of "Monarchess Imperatritsy" of Anna Ioannovna gained development one of negative forms of collective ("substitute") "Supreme" board — "favoritism". When reforming system of offices what carried out the activity secretly took advantage ("Office of Secret search affairs"). The position of the prosecutor was reanimated. And, it wasn't allowed identifications of this "position" with corresponding "office". The duty of ensuring uniform performance of the legislation was assigned to representatives of "the prosecutor's position".
Beznosova Y.V. - Questions of Legal Proceedings in Yajnavalkya's Dharma-Shastra pp. 162-170

DOI:
10.7256/2306-420X.2014.6.13685

Abstract: As one of the most important categories of all traditional Indian culture the concept of a Dharma as the certain moral installation ordered to each individual depending on his belonging to this or that social group (Varna) and which to it should adhere during all life acts. To help the individual with following to the Dharma special treatises – the dkharmashastra containing religious, ethical and legal instructions were formed. From the point of view of a number of scientists, on extent of illumination of legal material, and also quality of his statement from all reached us Old Indian Dharma-Shastra of Yajnavalkya which drawing up is referred to the II century AD is allocated. The considerable volume of legal material of the specified Dharma-Shastra is devoted to questions of administration of justice. Application of a general scientific system method, the analysis, synthesis, comparison, and also private-law method of interpretation of the right allowed to draw a conclusion on existence of enough developed standards of procedural character in Ancient India during the studied period. So, the most thorough image the questions concerning evidentiary base were regulated. In particular, requirements to written documents, the status of witnesses registered, the principle of a spontaneity in research of proofs was established. Requirements to judges were fixed an order of submission of the statement of claim in court, possibility of revision of the judgment, etc. was provided.
Shchedrina Y.V. - Issues of Legal Support of Irremovability of Judges in Activity Performed by the Highest Established Commission for Reviewing Court System Regulations pp. 171-186

DOI:
10.7256/2306-420X.2014.6.13697

Abstract: As object of research the standards of the project of new edition of the Establishment of judicial establishments developed within functioning of Most highly founded commission for revision of statutes by judicial part (N. V. Muravyyov's Commissions) regulating the principle of an irremovability of judges act. In article specifics of legal regulation and practice of realization of the principle of an irremovability of judges at the beginning of the 1890th are considered, the course of discussions within work of the Commission on a question of standard fixing of the principle of an irremovability is lit, short stories of the project regarding legal regulation of the specified principle are analyzed. During research by the author the following methods of research were applied: chronological, historical and typological, comparative and legal, comparative-historical and others. In article the conclusion which settled in science that activity most high was directed to the founded commission for revision of statutes by judicial part on elimination of the principle of an irremovability is challenged; it is proved that updating of provisions of Judicial charters for elimination from the legislation of the mechanism of a nemenyaemost absolute, negatively affecting structure of the judicial case became a task of the Commission. The conclusion is drawn that the objective was solved only partially by reorganization of system of the bodies considering questions of the early termination of powers of judges without their soglasiyaa, and insignificant expansion of the bases for the early termination of powers.
Question at hand
Romanovskaya V.B., Romanovskaya L.R. - Law, Religion, Morals and the Absolute Good in Soloviev's Creative Work pp. 187-198

DOI:
10.7256/2306-420X.2014.6.13686

Abstract: As subject of the real research the creative heritage of the great Russian philosopher Vladimir Sergeyevich Solovyov acts. During an era of individualism, a priority of human rights, ideologies of society of consumers, expansion of the western values with special sharpness in Russia rise problems of moral improvement of the personality, preservation of traditional moral and legal way, providing a personal freedom not through permissiveness, and through the spiritual growth and development of ability to self-restriction. Answers to all these questions given at the end of the XIX century in works of Vl. Solovyov, don't lose the relevance and to this day. Now, more than ever, the world needs Good "justification". Authors of article analyze the main ideas of the philosophical and legal concept of the final period of creativity of Vl. Solovyov. On the basis of application of methods of the comparative analysis, a hermeneutics, the contextual analysis, historical and legal and others authors come to a conclusion that the highest purpose of the right consists in serving the purposes of moral progress of society, and this idea is the cornerstone of legal philosophy of V. S. Solovyov.
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