DOI: 10.7256/2409-868X.2015.3.14795

Abstract: The subject of this research is the historical-analytical commentary to the thesis on the specificity of political philosophy as a theoretical knowledge of a particular type. Christian civilization emerged in the Middle Ages is characterized by certain conceptual codes that express the attitude of Christians (and pro-Christians) towards the world of politics. Since the early medieval times, the quintessence of such attitude consisted in the notion of political society, which has been significantly reformed throughout time. On the stage of late Modernism the concept of “political society lost its relevance, thus in in this article the author correlates it with the notion of “political realm”. Theoretical novelty of the conducted research lies in clarification of the essence of a number of conceptual innovations within modern political science, such as the notion of “political” and why it is so important to distinguish in the “intellectual broth” of a specific era the ideas, concepts, and moods that directly affected the situation and historical path, as well as the political results they produced.  

DOI: 10.7256/2409-868X.2015.3.14405

Abstract: The author analyzes the logic of the state and ethnic groups' interaction process in the context of empire state administration during the period of the XVIIIth - the beginning of the XXth century, emphasizes his own approach to the understanding of the category empire and empire state special properties and singles out their following.

DOI: 10.7256/2409-868X.2015.3.14402

Abstract: This article is devoted to one is the most disputing questions, connected with the Judicial reform of 1864, its realization and the following fate. Historiographic discussion on question whether the judicial counterreform was implemented has been leading near century and half already. The author anylises its contence. Joining to opinion about essence of the judicial counterreform, the author characterizes its aims and the main directions, to which he takes the changing of mechanism of political justice , the limitation of the principles of fair trial, attacks to the court of the jury and liquidation of the institute of justices of the peace, and changing it by the institute of zemskie nachalniki.

DOI: 10.7256/2409-868X.2015.3.14752

Abstract: In this article, data of Japanese sources on East campaign the sovereign Jimmu and the establishing of a Yamato dynasty and state in the Central Japan in comparison to results of archaeological researches of the ancient Japanese monuments of material culture of the late yayoi period and the early kofun period for the purpose of definition of chronology of the establishing of Yamato are analyzed. Also materials of the Korean chronicles for the purpose of detection of the indirect evidences allowing to date the time of foundation of Yamato state of are analyzed. Besides materials of Chinese dynastic histories about the establishing of the state in the Central Japan are provided.Results of archaeological researches allow to correct chronology of ancient Japan, and, on the basis of cyclic designations of a 60-year cycle from the ancient Japanese written sources, give the chance to offer the corrected datings of time of East campaign to Jimmu and his reigns as the first sovereign of Yamato.The main result of this research is the conclusion that, on the basis of results of archaeological researches and indirect evidences of the Korean sources, East campaign of Jimmu was carried out at the end of the III century AD (294-300), and foundation of Yamato dynasty and state occurred at the beginning of the IV century (in 301 AD). Sovereign Jimmu ruled during 16 years (301-316 AD).

DOI: 10.7256/2409-868X.2015.3.15000

Abstract: This article is dedicated to the systematic re-creation of the events of biography of a prominent figure of the judicial branch of the Russian Empire and the originator of the Soviet criminalistics V. I. Gromov. His life path is examined in the context of the era: based on the establishment of the investigative body of the imperial Russia, post-revolution paths of imperial investigators, policy of the Soviet authority with regards to “former people”, conception and initial development of the government apparatus of the Soviet Russia. The author poses questions on the mysterious moments in the biography of V. I. Gromov. During the course of this research lot of new details about his life and work such as the precise date of birth, the circumstances of his service in the judicial branch of the Russian Empire, his pedagogical activity at the Moscow State University are being revealed. The author makes the conclusion, that V. I. Gromov realized his professional potential in both, practical and scientific-pedagogical areas; he was able to responsibly and faithfully serve Russia during the imperial, and later, the Soviet time.

DOI: 10.7256/2409-868X.2015.3.14840

Abstract: The object of the research of the given article is a political activity of a well-known leader of the Russian culture and science, one of the leaders of the Bashkir nationalists Ahmet Zeki Velidi from the kin of Togan in 1917-1923 on the territory of the Soviet State. Validi’s memories about his own activity, opinions of his contemporaries who knew the turcologist, texts by contemporary researchers providing the point of view of the heads of Bashkortostan Republic and its scientific institutions are the subject of the research.  Special attention is paid to the influence of Velidi’s ideas and activity on forming the modern Russian federalism. The methodological basis of the research consists of historical method, historical comparative method in its kinds, diachronic and synchronic comparison foremost.  The main conclusion of the research is a scientifically proved author’s opinion that Ahmet Zeki Velidi of the kin of Togan is undoubtedly an outstanding turcologist, a well-known man of Russian science and culture. But it is an obvious exaggeration to announce him a creator of the Russian federalism and a father of the modern Bashkir nationhood. 

DOI: 10.7256/2409-868X.2015.3.14807

Abstract: The given research is devoted to a rather-legal analysis of the basis of political rights of a person according to the Medieval Law of the cities of Ancient Russia (Novgorod and Pskov) and Western Europe in XI-XIV centuries. The problem of correlation of democratic institutions typical for the Russian and Western European societies is timely nowadays. The authors of the article perform a comparative analysis of the contents of the prototypes of political rights of the citizens that were fixed in the legal acts of the Russian and Western European cities in XI-XIV centuries. On the ground of using the methods of comparative analysis, context analysis, historical and legal, systematic and historical, technical and other methods of scientific research, the authors make a conclusion that the development of legal rights in Novgorod, Pskov and the cities of Western Europe led to different sorts of political consequences and to different contents of these rights.  Democratic institutions in the city’s administration and other municipal bodies in modern Western European countries and in Russia take their origin in Medieval history. 

DOI: 10.7256/2409-868X.2015.3.15172

Abstract: The German social legislation of the second half of the XIX century or the so-called «social laws» were an attempt of responding of the first Reichschancellor of the German Empire Otto von Bismarck on disastrous situation of the working class during the industrialization in the past century. Scientific novelty of research consists in its issues, in the historical context of the times, in presenting topical issues of history of formation and development of social legislation in Germany based on the German legal and theoretical sources as research subjects. For assessment and analysis of the evolution of social legislation in Germany in the second half of the XIX century the author used general scientific and specific scientific methods of knowledge: a systematic analysis of the studied phenomena, synthesis of research results, historical-legal, comparative legal, formal logic and other methods. The application of these methods allows you to form a thesis that Bismarck made a political decision of explosive force aimed to overcome the extreme social contradictions and, most importantly, on the deprivation ofnutrient solutionfor unrest of social democracy. The founder of the German Reich failed to prove the young German nation, that the state can offer much more than just the representation of the working class in politics. With the use of new approaches Germany became world-renowned pioneer in the construction of the state system of social protection of working citizens on the principles of joint participation of workers and employers in the financing of social insurance. Bismarck created a model that was soon adopted by many other countries, and to this day forms the foundations of the modern social state. Arose mainly from the cold calculations the «social laws», along with the German unification, are the greatest political achievement of Bismarck and a unique example of European history of that time. Just so a modern historiography evaluates the services of the «Iron Chancellor».

DOI: 10.7256/2409-868X.2015.3.14534

Abstract: Object of research of this article are the coat of arms and a flag of Georgia, history of these symbols and their interpretation. The earth on which there is modern Georgia, remembers a set of the ancient states. On it there were Colchis and Iberian kingdoms. These lands were a part of Great Armenia and the Roman Empire, waged wars with Mongols, Byzantium, Iran, the Ottoman Empire, knew a great number of talented tsars and commanders, saw not one imperial dynasty on the throne. It is obvious that the heraldry of the Georgian lands is sated with heroic and sacral symbols, symbols which can't be forgotten, deleted or distorted. They as "charms" of this earth have to be present at the coat of arms and a flag of the state. Article shows, what symbols were considered in the coat of arms of modern Georgia and what are unfairly buried in oblivion. The history of creation of the modern coat of arms of the state that allows to understand the main errors of hasty "coat of arms made" is also described. In research the historical approach showing the geopolitical phenomena and prerequisites at creation of the coat of arms of the state was used. The historical and comparative method along with a historical and genetic method showed possibility of continuity of old symbols in the modern state. On the basis of methods of the analysis and classification, symbols of Georgia are compared with a political system of the state. All above methods allowed to define the main points of research.The main conclusion of article is that it is impossible to call the coat of arms of Georgia complete. He demands completion - participation in its creation not only artists and politicians, but also historians. Those symbols, those fundamental coats of arms about which Georgia forgot are shown, and after all it is centuries-old history of its lands and ruling dynasties. Deleting these symbols, the country risks to lose not only self-identity, but also own territories. And as the history shows, this process doesn't stop in the state since 1991. Series of color revolutions and senseless wars already separated Abkhazia and South Ossetia from Georgia. Many will tell that it is result of dull policy of Mikhail Saakashvili. Yes it is, but after all at it the real coat of arms of Georgia was accepted. Perhaps, time came is critical to look at the main symbols of the state.

DOI: 10.7256/2409-868X.2015.3.15050

Abstract: In the course of this article the author makes an attempt to combine the research theses associated with conceptualization of the forming in the Russian Empire law education and teaching of state law, primarily in the imperial universities. Significant efforts of the Russian state on the establishment of education and scientific system during the XVIII-XIX centuries (creation of infrastructure, attraction and nurturing of scientific personnel, financial support, etc.) played a positive role in the development of various sectors of scientific legal studies and their affect upon the legal personnel training. The topic of law remained principal among legal scientists, being affected by different factors, including the supremacy of corresponding legal doctrine or their pluralism, politico-ideological context, systematization of legislation, and others. This topic was being studied within the framework of history, philosophy, theory of law, as well as by the representatives of sectoral legal sciences, mainly the science of state law that is included to the education standards of legal personnel training.

DOI: 10.7256/2409-868X.2015.3.15151

Abstract: The article is devoted to the problem of identifying the basic concepts of legal strategy Peter I in the field of rule of law. Peter's model of legitimacy for a long time was estimated in historiography as the uncritical borrowing of educational traditions of German Protestantism excluding old legislative realities that took place in lawmaking the first Romanovs. Shows the relationship between the legislative ideas of Peter's time with government initiatives of the preceding period, aimed at strengthening the socio-political image of autocratic power. Contrary to the opinion of the mediated mode of legality in the first quarter of XVIII century Northern war legislative policy of Peter I is seen as a means of filling institutional voids", which created an obstacle to the effective implementation of autocratic paradigm of Supreme power. Special attention is paid to the question of the degree of influence of the old traditionalism to regulate the relations of nationality in Petrovsky variant "legitimate monarchy". On the basis of a comparison of a number of inscribed decrees of the turn of the XVII – XVIII centuries, followed by the legislative strategy of Peter the great, providing an overall obligation to it's personal orders, the conclusion about the presence of pronounced imbalances between the ideologeme of "state interests", "particular" needs of estates and formal test of the rule of law in favor of the personal will of the Emperor-autocrat.

DOI: 10.7256/2409-868X.2015.3.14690

Abstract: One form of security is the state control of population movement. The features of this control depends on many factors: the level of social production, social culture, legal culture of the population. All these phenomena develop over time, exerting a decisive influence on the characteristics of the state, including the oversight function. The subject of study is the history of the development of the police legislation in the control mechanism of migration of the population and ensure the passport regime in the Russian Empire in the XIX - early XX centuries Methodological basis of the research is dialectic-materialistic method of knowledge socio-legal phenomena, as well as legal, historical, systematic and structural, comparative, logical-theoretical and chastnonauchny methods of research of normative documents in combination with a systematic approach and analysis. The main conclusion of the conducted research was the provision that in the Russian Empire in the XIX - early XX centuries passport regime provided by the police and local authorities. During this period, for the first time in the history of the Russian police legislation was created a single legal act, consolidating the rule of law, which regulate immigration and passport control in the Russian Empire - the Code of regulations about passports and runaway, amounting to 3 part 7-the first book of the code of laws of the Russian Empire, included in volume XIV. Have removed most of the contradictions and gaps in the passport law. This was a significant step forward in the development of the police legislation in the sphere of security and facilitated the implementation of legal norms and the police.

DOI: 10.7256/2409-868X.2015.3.14851

Abstract: The problems of mining industry reformation in the Russian Empire were connected with the economy and the practice of State construction works and were of great importance for the country because this industry was not only a foundation of the country’s defense capacity but also provided the budget with a lot of items of income, including customs duty. In the conditions of reformation during the period of Ekaterina the Great’s reigning the elements of decline of the mining manufacture in Russian can be seen. They demand to work out a new administrative, organizational and legal basis of the mining industry. Methods of research are a method of historical sources analysis, comparative and historical, rather-legal, logical, lexical, systematic methods and a method of hermeneutics. This attempt was made during the first decade of Alexander I rule, but the main ideas and approaches were formed during his father Pavel I reign. In connection with this, a special place is taken by the A.A.Musin-Pushkin’s project which has not been properly investigated till now.

DOI: 10.7256/2409-868X.2015.3.15120

Abstract: This article is dedicated to the study of the process of establishment of judicial and administrative governance within the framework of the Principality of Suzdal-Nizhny Novgorod. The author gives special attention to the factors that contributed to the formation of Principality of Suzdal-Nizhny Novgorod, and therefore, the establishment of its branches of government and administration. The author reviews historical, military, and political conditions that affected the establishment of Principality of Suzdal-Nizhny Novgorod as a strategic military and economic center, as well as the citadel of Orthodoxy. The principles of establishment of judicial and administrative authority within the Principality are being researched. The author examines the process of formation of the Principality of Suzdal-Nizhny Novgorod from the perspective of combination of factors that are of subjective and objective character. On one hand, it is the active policy of the Rurik dynasty aimed at ensuring the interests of the Russian land and the future unity of Rus’; and on the other – foreign policy associated with the threat of conquest that contributed to this process.

DOI: 10.7256/2409-868X.2015.3.14610

Abstract: The article covers the problems of Russian juridical science as social institute. The author exposes and analyses factors, which influenced the genesis of the Russian juridical science using the institutional approach as the main mean of research. The author underlines the necessity the only criterion of periodization of the Russian juridical science. In the article, the period of XVIII century reforms was considered as time of formed preconditions for the genesis of Russian juridical professional and scientific communities and for the development of Russian law education.

DOI: 10.7256/2409-868X.2015.3.15163

Abstract: In 2014-2015 the strategy of an import phase-out became one of the main directions of the Russian government’s activity. There are several industries where the import phase-out  is not just desirable but strategically necessary. But is it just a question of Economy? The author of the article believes that the scientific community should think of the import phase-out in other spheres: ideology, education, political and legal framework. On the state level it is necessary to re-focus from the Western models and paradigms to the national-oriented ones. To solve the researcher’s tasks the following methods have been used: dialectic general philosophy method, general scientific methods of system-oriented analysis, a method of synthesis, induction and deduction and such particular legal methods as rather-legal, historical and legal, technical and others. The author makes a conclusion that Russia needs a new national idea to keep its real sovereignty, for further development, for a chance to keep Russia as a world leader, to build a multipolar world, to deepen the integrative processes in Eurasian community and beyond in the conditions of globalization.

DOI: 10.7256/2409-868X.2015.3.15117

Abstract: This article raises a question on the character and causes of crisis phenomena within the modern legal science. The authors point out at the direct correlation between the stated phenomena with the global cultural processes, first and foremost, with the collapse of previous modern worldview paradigm and the establishment of new system of values. The article presents a brief review of the key milestones in the development of philosophy of the XIX century, which testify about the emerging revision of the main elements of New European outlook and characteristic to it worldview. In addition to that, the article analyzes a number of legal concepts created by the Russian authors in the beginning of the XX century, which are connected by the interest towards the problem of legal consciousness under the conditions of the axiological crisis. Determination of the causes of the crisis of the modern paradigm within jurisprudence is being accomplished through the analysis of the process of changes in the structures of reasoning (episteme in the terminology of the M. Foucault), within the framework of which the legal concepts attain certain meaning, and outside of which they inevitably lose their vitality. As one of the conclusions, we can note the tight interconnection of the signified cultural processes with the crisis phenomena in the area of legal consciousness during the reviewed period of time, which therefore represent one of the manifestations of the bigger crisis of the very foundations of the New European outlook.

DOI: 10.7256/2409-868X.2015.3.14980

Abstract: The article analyzes the works by an outstanding medieval European thinker that became a foundation for the further conception of natural rights. Hugo Grotius pointed them as his predecessors and called them the creators of a new science of Law. Beside the late scholastic school of such commentators as Bartolo, Baldo and their successor Gentili, Gortius actively used his contemporary and early protestant legal literature, the works by such protestant legal experts as Gemming, Winkler, Oldendorp who claimed to have worked out a new blessed by the true religion law. Based on the methods of comparative analysis, context analysis, historical and legal, system and historical, legal and other methods of scientific research, the authors make a conclusion that Gortius created a new scheme: a man (individual rights) – justice (social, natural) – law (issued by the government on the basis of natural principles). By this Gortius made a certain innovation: anthropological principle as a basis of natural law from which a the State Legislation will arise.

DOI: 10.7256/2409-868X.2015.3.14515

Abstract: The subject of the study is the cognitive and axiological foundation of the conservative legal ideology in Russia. The object of the work is a conservative legal ideology as a special doctrine of the law and the state. The study addresses such epistemological foundation of conservative legal ideology as intuitionism, the idea of holistic consciousness, historicism, organicism. On the basis of heuristic settings explained antirationalism conservatism, denial of the right of reception, the problem of collective entities. Particular attention is paid to the conservative interpretation of values, in which the right system plays the role of instrumental value as a means of stabilizing the society and maintain it in order. The author notes the ambivalence of value orientations conservatives.

DOI: 10.7256/2409-868X.2015.3.15199

Abstract: The article is devoted to the short review of theoretical views of system of the right of the outstanding domestic scientist-jurist – S. S. Alekseev. The author lit and analysed the key moments of work of S. S. Alekseev "Structure of the Soviet right" concerning questions of a structural structure of system of the right, a ratio of the concepts "the system is right" and "structure is right", values of the codified acts for system of the right. The main attention in article is paid to the analysis of the factors having the defining impact on structure of branch of the right both its character, and given and described by S. S. Alekseev in comparison with the theoretical criteria of differentiation of branches of the right offered by modern researchers of the right. When writing the present article by the author traditional general scientific methods and approaches and special and legal methods are used. The author of article gave criticism concerning each of the designated points of view about criteria of an otrasleobrazovaniye, opportunities and prospects of use of such criteria in the course of differentiation of branches of the right are described. Also the author of article characterized the theoretical conclusions concerning structure of system of the right made by S. S. Alekseev in the light of modern public and legal realities, their indisputable scientific value as basic basis for new researches of system of the right and its structure is emphasized.

DOI: 10.7256/2409-868X.2015.3.15189

Abstract: The subject of the research is the process of creation and functioning of the military administration bodies during the time of the war. The author believes that the problem of creation and work of the emergency bodies of the USSR and their subordinate structural elements during the Great Patriotic War is timely because of two reasons. First, the mentioned problem is not studied enough by the history and legal science. Second, on the eve of the 70th anniversary of the Great Victory many attempts have been made to disavow the bravery of the Soviet People during the war. The main method of research is dialectical materialism which lets analyze facts, events, phenomena on the topic of the article in their logic consequences, interconnection and interdependence. The novelty of the article that archive materials are used in the scientific research that prove employment and legal status of the military administration bodies during the Great Patriotic War. The author draws the conclusions about the powers of the State Defense Committee, the General Headquarters, military councils of the fronts in the conditions of war.

DOI: 10.7256/2409-868X.2015.3.15198

Abstract: The creation and activity of the State Defense Committee (SDC) reflected the peculiarities of the state administration in the conditions of the Great Patriotic War in 1941-1945 during which the concentration of all the resources were needed to gain the victory. Before the war the country’s system of administration were fully formed, and the Political Bureau of the Central Committee of the All-Union Communist Party of the Bolsheviks defined the state politics and headed the state administration.  The creation of the SDC in June, 30, 1941 fully reflected this tendency and in the conditions of the war took all the state power as an emergency Party and State authorities. Unclassified archive documents about the SDC activity give new opportunities for studying its activity. The article tells about the characteristic features of creation, structure, directions of activity and a review of materials about the official paperwork of the State Defense Committee. The article characterizes the State Defense Committee, shows the documents about the activity of scientific research, defines the possibilities to use new materials. The latter comes out of the fact that all the documents are unclassified and gives many opportunities for the further studying of the SDC history.

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.

DOI: 10.7256/2409-868X.2015.3.14460

Abstract: The subject of the research is the set of normative legal acts regulating the formation of judges of courts of general jurisdiction in the Russian Federation. The author explores not only regulations, but also archival sources. The paper makes an interesting conclusions, allowing the show features of the procedure of formation of the judiciary in the study period. The above circumstances actualize the theme chosen for the study because of historical and legal analysis of the experience of becoming the organizational and legal mechanism of formation of the judiciary in the RSFSR can make positive adjustments to the process of reforming the modern judicial system in order to avoid the mistakes made in the past. Methodological basis of this work are the general principles and methods of scientific knowledge related to the research unit of the humanities. This includes, in particular, the principles of dialectics: Development and historicism, general scientific approaches - methods of analysis and synthesis, systematic approach, induction and deduction, etc. In addition, were used special methods: formal-legal, concrete historical, comparative legal, chronological, sociological, etc. due to the fact that the presented thesis is the first in the domestic legal science work that attempts to conduct a comprehensive analysis of the organizational and legal mechanism of formation of the judiciary courts of general jurisdiction in the Russian Federation. In the course of the study to obtain new results and conclusions, supplemented, clarified, specifying either refute prevailing in the domestic legal science views on the issues of formation of the judiciary in Soviet Russia.

DOI: 10.7256/2409-868X.2015.3.14484

Abstract: The article explores the process of formation of the Ministry of foreign Affairs as one of the most important bodies of state power in the XIX - early XX century. Considered normative acts of the Russian state, determined the structure and powers of the Ministry of foreign Affairs on the stage of active international cooperation of the Russian state. The main stages in the formation of patterns and issues, analyses the relevant transformations that took place in the course of the reform. Attention is paid to individual personnel policy within the Ministry. The study of historical and legal analysis of the claimed processes based on primary sources (acts of domestic legislation adopted in the specified period of time). Conducted historical and legal analysis of the formation of the Ministry of foreign Affairs in the XIX - early XX centuries, the tendencies associated with the process of forming the structure of the public authority, carrying out the foreign policy activities in the specified period, based on the analysis of normative legal acts of the structural elements of the foreign Ministry, their legal status, functions.