DOI: 10.7256/2409-868X.2015.4.14882

Abstract: The subject of this research is the analysis of the yet another stage of realization of the project of formation of national idea by the Russian political thought. The author affirms that the start of the search for national idea coincided with the establishment of the concept of identity within the sociopolitical discourse of the nation; a link is identified between these two processes. The author formulated a thesis on the nature of the connection between the search for Russian identity and a number of trends and movements within the sociopolitical life of the country. Thus, during the 1990’s this search has spontaneously became a chain reaction of “sovereignization” of the many constituents of the Russian Federation. Later, at the brink of the centuries, the search for the new Russian identity became one of the main factors of the formation of interest towards the topic of revolution. The critical analysis of the content of most representative, in author’s opinion, works on revolution, emerging in the country during 2008-2012, allowed us to demonstrate the intrinsic to the Russian discourse on revolution internal tendency to fade, which formed prior to the unfolding of the events in Ukraine of 2014-2015. This conclusion allowed the author to forecast the emerging public demand for a conservative alternative to the aforementioned forms of search for modern Russian identity.  

DOI: 10.7256/2409-868X.2015.4.14548

Abstract: Value factor plays a huge role in the consolidation of society. Cultural "hegemony" of the ruling class forms the balance of attitudes of the entire social body. In the XIX century, Indian intellectuals began to create a new ideology. Faced with a number of obstacles in its path, the idea of national liberation could not equally quickly take root among the masses. The subject of our study - the formation of an all-India pre-image system of values, which was a significant step towards the liberation of the country from the British rule.The basis for research on the role of political and cultural superstructure taken the concept of cultural "hegemony" of Antonio Gramsci.The author offers a look at the core of culture, system of values, both factors will affect the appearance of the broad masses of ideas of national liberation. The complexity of education in colonial India unified system of values associated with internal religious, ethnic, economic and geographic diversity of the region. Bearer of values of liberation from British rule, which at first appeared only intellectuals, it was necessary to enlist the support of the masses. The inverse images of uniform for the whole of India socio-cultural values we can find in the pre-colonial period. However, the pursuit of economic, ethical and political solidarity against the power of foreigners has not yet occurred. The origin of the balance of values in the social environment has led to the beginning of the liberation of India from British rule, and evaluative factor began to gain an increasing share in social development.

DOI: 10.7256/2409-868X.2015.4.15331

Abstract: The article is devoted to the problem of identifying the historical and legal capacity of historical anthropology and some of the mnemonic structures of the modern Humanities research methodology. Examines theoretical, historical and institutional Foundation of legal and historical reconstruction representational strategies ceremonial text, which was carried out modeling the semantic codes of the ideology of autocracy in the Russian state of the seventeenth and the first quarter of XVIII century. The author analyzes the cultural, historical and political-legal framework of the coronation ceremony and other forms of visual mnemonic of self-representation of the Supreme power. Ceremonial text is treated as an integral part of the legal discourse aimed at the legitimation of the dynasty of the Romanovs and the formation of legal consciousness of Russian subjects, the Imperial paradigm of thinking. Along with the recreation of the mythological component of the representational strategies specified period provides an overview of major forms of broadcast mnemonic codes of the Supreme power to a mass audience. Analyzes the representational function of normative legal acts was developed as the legislative support of the ceremonial aspects of the legal policy of the Russian autocracy. On the basis of a wide range of official legal texts, reflecting the continuity of a number of myths-oriented modeling autocratic ideal, the author makes a conclusion about the active role of the Russian government elite in the adoption of collective images of "historical memory" as at the legislative level and in part mediated by the legislation of the political space of autocratic Russia.

DOI: 10.7256/2409-868X.2015.4.16090

Abstract: The subject of the research is the process and dynamics of creation of the civil law system in Russia over 1649 - 1675. The Sobornoye Ulozheniye of 1649 and following legal acts regulating civil law relations till 1675 have been selected by the researcher as the main sources to be studied in this historical legal research. The purpose of the research is to carry out a comprehensive historical legal research of the patterns according to which the civil law system had been creating in Russia over 1649 - 1675 as the part of the process of systematization of the effective legislation in general and civil law in particular. The methodological grounds for the research involve the dialectical, logical, systems, historical, comparative and technical (legalistic) research methods. The novelty of the research is caused by the fact that pre-revolutionary, Soviet and contemporary academic literature on legislative history have never before focused on the changes in statutory and substantive aspects of the Russian civil law during 1649 - 1675. Isolated legislative enactments contained legal rules and regulations contributed to the legal institutions of Ius in re (real right), inheritance rights and contractual rights that had been previously fixed in the Sobornoye Ulozheniye of 1649. 

DOI: 10.7256/2409-868X.2015.4.15629

Abstract: The object of this research is the judicial system of the Russian Empire; the subject is the realization of the institution of the judiciary body of the municipal estates of the 1775-1867. The article presents the analysis of the practice of replacement of the post of a “judge” in the courts of the governorates and districts – in 1775-1797 within the governorates and municipal magistrates and town halls, and in 1802-1867 in the chambers of criminal and civil courts, municipal magistrates and town halls, as well as the attitude of the city residents towards the branches of “official” justice, and efficiency of the judicial-legal policy of the Russian executive authority. The scientific novelty of this research consists in the introduction of the previously unused materials of the procedural documentation of local state branches of the end of XVIII – beginning of the XIX centuries, which shed light on the peculiarities of not only the realization of electoral legislation, but also the work of the courts, created during the reform of the local government of 1775-1785 and their role in the regulation of public relations on the territories of Oblasts with mixed urban population. The conclusions made by the author allow us to assess the methods, means, and results of the efforts of the executive authority in strengthening the balance of public relations – both, inter-class and inter-ethnic.

DOI: 10.7256/2409-868X.2015.4.15412

Abstract: The determining factor in the success of the state in the sphere of security is its due legal support. Historical experience shows that the creation of legislative base in the sphere of internal security and policing, it is necessary not only to consider the current state of legal framework governing the functioning of law enforcement, but also to fully use the existing experience of formation and development of the police legislation in the pre-revolutionary period of Russia's development. The research subject is a police law: its formation, registration and development in the Russian Empire in the second quarter of the XIX – early XX centuries.Methodological basis of research is the dialectical-materialist method of cognition of socio-legal phenomena, and the legal history, systemic-structural, comparative legal, logical-theoretical and specific scientific methods of study regulatory documents in conjunction with a systematic approach and analysis. The main conclusion of the conducted research was the provision that the formation and development of the police legislation of the Russian state took place as the process of obtaining the basic institutions of the police legislation. Internal policy of the Russian state is reflected in this branch of law as a tool to ensure security in broad terms – from public to personal.

DOI: 10.7256/2409-868X.2015.4.14817

Abstract: This article is dedicated to the characterization of the organization and personnel of the investigative branch of the Yekaterinburg Local Court throughout the period of its existence (1874-1917) in the context of development of investigative body of the Russian Empire of the reformation period. The article addresses the issues of evolution of the organizational structure of the investigative body of this period, differentiation of investigative posts, emergence and development of the system of investigative sectors, establishment of investigative sectors on the territory of Central Ural, as well as number and personal characteristics of the of the investigators of the Yekaterinburg Local Court during 1894-1916. The work presents the generalizing information on the social and ethnic origin, family ties, age, education, professional experience and social status of the investigators of the Yekaterinburg Local Court during 1894-1916. The author concluded that unlike during the Soviet era, there were no structured special divisions that united the investigators (investigative departments) in the branches of reformed Russia. There was also no position of a head of the investigators that was part of the court’s personnel. Similarly, there was no division of administration of the investigative branches (investigative division or department) throughout the period of 1864-1917 even in the central apparatus of the Ministry of Justice.

DOI: 10.7256/2409-868X.2015.4.15824

Abstract: This article is dedicated to the study of development of confessional policy of the Soviet Union with regards to religion, Church, and other confessions. It presents a broad overview of the Soviet legislation on this issue. Attention is given to various opinions of prominent modern scholars currently studying this issue. The article expounds the position of the Church, spiritual figures, and believers as subjects of law, as well as their rights and obligations. The author reveals the gradation of the legislation from democratic to totalitarian and repressive. The scientific novelty of this research consists in the approach towards the understanding of confessional policy of the state during the first decades after the Revolution. The author is first to conduct periodization of the evolution of legal and organizational influence of the Soviet state upon Russian Orthodox Church and other confessions, represented on the Russian territory during the period from 1917 to 1929.

DOI: 10.7256/2409-868X.2015.4.14190

Abstract: In the present article the author explores in detail the processes of the formation and development of bodies of judicial administration in the Soviet Republic over the 1928 to 1940 period. The author shows how in the course of large-scale socio-economic changes in the USSR changing state policy in the field of justice, analysed in detail the legal basis for the organization and activity of the bodies of judicial management, discusses the process of gradual transfer of powers of the judicial Department of the people's Commissariat of justice of the USSR and its subordinate bodies. The author of the article analyzing the reform of the judicial control at this point in history, discusses the functions, powers and structure of bodies of judicial control as in the system of judicial bodies and judicial authorities.

DOI: 10.7256/2409-868X.2015.4.15896

Abstract: Studying the sources of town law of Western Europe of the XI-XV centuries, the authors come to the conclusion that the town law of Western Europe during the era of High Middle Ages had a fairly progressive content during this historical period. This was explained by the specific goal of criminal legislation, driven by demand of town community – protection of the allocated to the town dwellers personal, political, and economic rights and liberties. The criminal legal town norms highlighted various categories of crimes, distinguished types of accomplices of a crime, forms of guilt, defined conditions for implementation of the institution of necessary defense, demanded adherence to the principle of guilt during trial, and consideration of mitigating circumstances. The medieval town law of Western Europe of the XI-XV centuries has abolished a number of feudal in their nature procedural institutions, and devised positions on judicial guarantees of rights of the defendant. It also codified the requirements for objectiveness of evidence, juridical ability to use the services of a representative equal to the other side of the legal dispute, right to acquittal in case of an alibi that would exclude the possibility of commission of the crime with which the defendant is being charged, due to their presence at another location.  

DOI: 10.7256/2409-868X.2015.4.14496

Abstract: The subject of this research is the genesis of legal education in Germany, changes in the structure and content of university training of legal personnel at various stages of community development of German, taking into account the concrete historical situation. A review of the problem starts with the XIX century, notably since the rule of Prussia in the internal and external political processes of the German Empire, which had an impact on legal education. The closing date of the study is 2003, marked a new chapter in the history of legal education of modern Germany in connection with the adoption of the Law on the reform of legal education in 2002. Methodological basis of research is represented by a set of approaches and methods developed modern historiography, which is based the principles of historicism and science, as well as the historical-comparative method and structural-functional analysis. The study relies heavily on the German-language materials, both published and unpublished (electronic) to allow a full picture of the changes taking place in the field of legal education in Germany and giving the key to understanding the sources and essence of the modern model of judicial training in the Federal Republic, as well as as to why Germany rejected the introduction of tools of the so-called «Bologna process» in the classical legal education.

DOI: 10.7256/2409-868X.2015.4.14440

Abstract: In this article the author examines the historical and legal background of the formation and development of rent relations in Europe and Russia. It is noted that the Genesis of rent relations in General and the annuity contract in particular has its own salient features associated mainly with the beginning of their development. Historical background of the formation of rent relations have a significant impact on modern legislation in this area, allow to determine the positive and negative aspects of this process, provide an opportunity to avoid possible errors in the process of creating and applying the relevant law. In the process of research by the author was used analyti-cal, specific historical, comparative legal methods, allowing to formulate conclusions on the study. Scientific novelty of the conducted research is that the author tries to trace the processes of the historical peculiarities of the formation of the Institute of rent relations in modern civil law. The main conclusion of the conducted research is to substantiate the fact that the state, using publicly-legal instruments of private law relations, should affect the formation of the development strategy of rent relations in order to prevent the violation of a legal balance of participants in their contracts me-diating.

DOI: 10.7256/2409-868X.2015.4.15281

Abstract: This article focuses on the subject of statehood in the theoretical and historical key. The category of statehood is being examined trough highlighting the main characteristics of this phenomenon. Statehood is being viewed as a quality aspect of society, which is dialectically linked with the conception of statehood and support of its functionality. The author attempts to examine separate types of statehood. The subject of this research also includes studying of the key characteristics of statehood of modern countries, as well as the distinct traits of Russian statehood. Based on historical materials and study of the main legal political ideas, the author highlights the typology of statehood: depending on economic conditions, sociocultural identity of the society, and the level of social development. The author concludes that statehood, at the present stage of development of state and society of majority of the nations, is characterized by the legal organization of its vital activity, relative stability, multiculturalism, economic and territorial stability, involvement into cross-cultural processes, and number of other aspects.

DOI: 10.7256/2409-868X.2015.4.15333

Abstract: The subject of this research is the scientific perceptions on state functions. The article follows the evolution of these perceptions from philosophical ideas on essence, tasks and goals of state to the theory of state functions to the concept of “state function” devised in the Soviet juridical science. The author gives a detailed review to modern perceptions of scientists on functions of statehood, and substantiates a close link between the notion of “state function” and concepts of “essence of state”, “state goals”, “state tasks”, and “state designation”. A special attention is given to the substantiation of the need to conduct systemic research on state functions. The scientific novelty of this research consists in advancement of a hypothesis on the evolution of these perceptions from philosophical ideas on essence, tasks and goals of state to the theory of state functions to the concept of “state function” devised in the Soviet juridical science.

DOI: 10.7256/2409-868X.2015.4.14660

Abstract: The subject of research is the idea of the national unity, expressed in the works of one of the founders of the Slavophile direction of public opinion, K. S. Aksakov. The objectives of the work include the analysis of journalistic and artistic works of K. S. Aksakov to determine the position of the writer in relation to issues of state unity and counteract the centrifugal tendencies of the state-legal development of Russia. Special attention is paid to such sources as scientific and historical work " Brief sketch of County Councils" and the poem "the Liberation of Moscow in 1612". In the course of work used historical and comparative research methods, system analysis, and context-based analysis of the text. Scientific novelty of the conducted research is defining the problem and the involvement of previously underutilized for the history of the doctrines of the law and the state. The work allows us to conclude that K. S. Aksakov in different genre and purpose works consistently took quite a clear position on the need for political unity of Russia.

DOI: 10.7256/2409-868X.2015.4.14446

Abstract: The article is devoted to characteristic of domestic lawyers’ and historians’ of the second part of the XIX – beginning of the XX centuries theoretical views about internal structure of Russian law, its analysis and description in connection with development of the conception of branch structure of domestic law in Russian jurisprudence in 1930-1950th. The author defines the concept “branch of law” which is using in modern conception of brunch structure of the system of law in contrast with some similar concepts of domestic jurisprudence of the second part of the XIX – beginning of the XX centuries. Besides criteria of the distribution of legal rules between different elements of structure of law in accordance with views of domestic lawyers and historians in the second part of the XIX – beginning of the XX centuries are described in this article too. The author was using general and specifically law methods and scientific approaches in writing of the article such as: methods of analysis and synthesis, method of abstraction, comparative jurisprudence method, historical and systematic approaches. The author describes the genesis of concept “branch of law” in domestic jurisprudence from beginning of the second part of the XIX century and characterizes criteria of the emergence of branches of law which were used by Russian theorists of this period of time, and the connection of these criteria with modern theoretical views about the system and structure of law. Besides the role of codification of legislation as one of the most important factors of development and organize of internal content of the system of law is described in the article too.

DOI: 10.7256/2409-868X.2015.4.15695

Abstract: This article examines the little-studied historical-legal issue of ideologemes within the education and scientific sphere of Russia during XVIII – XX centuries, as well as their reflection in legislation. The saturation with ideologemes of various layers of legislation, which regulated education and science, is characterized as one of its essential features. Ideologemes and ideological formulas are being viewed as concepts that bind and form the policy and ideology in the area of science and education, as well as the channels of their realization. The article sets the task to determine the ideologemes, ideological formulas, and clichés within the Russian legislation on science and education, and systematize and understand them creatively. It proposes classification of the “science and education” ideologemes. A special attention is given to the formulation by the legislator of tasks for preparation of professional juridical personnel during both, the Imperial era, as well as through the Soviet decades. The author provides a complex demonstration of widely known ideologemes such as Uvarov’s triad or the model of Soviet jurist, as well as the formulas that did not get as much attention from the researchers.

DOI: 10.7256/2409-868X.2015.4.14970

Abstract: The subject of this research is the cooperation of the non-proletarian layers of city population with the government during the electoral campaigns of the 1920’s. A retrospective analysis of the mechanism of cooperation between the government and the population during the electoral campaigns of the 1920’s promotes understanding of the modern electoral issues in the post-Soviet space, and thus, in addition to the scientific significance, there is also an important political one. The 1920’s represent a unique period within the electoral history of Russia, which marked the formation of behavioral stereotypes of the population at the election, and the mechanisms of cooperation between the people and the government. Based on the archive materials, the article analyzes the number of the electoral body of the non-proletarian portion of the city population, dynamics of the activeness of participation of citizens in the elections, peculiarities of the formation of electoral behavior, as well as the problems of cooperation between city dwellers and the government. The research demonstrates that the non-proletarian layers of the city population comprised a significant portion within the electoral body of the cities of 1920’s, numerically exceeding in the smaller provincial cities.

DOI: 10.7256/2409-868X.2015.4.15042

Abstract: In article activity of provincial Komsomol in area organizationally – economic strengthening of collective farms in the first half of the 1930th is analyzed. The following activities of members of the union are considered: elimination of an obezlichka, piecework introduction, strengthening of a brigade form of the organization of work. For studying of historical and Komsomol problems the theory of nationalization of Komsomol according to which the Komsomol is considered as peculiar Soviet "the ministry of youth", a link between the state and youth became basic. The basis of istochnikovy base of article was made by unpublished archival materials of funds of the State Archive of Socio-political History of the Tambov Region. Objectivity of approach of the author was shown in aspiration to overcome ideological stereotypes as in studying of a social and economic situation, and Komsomol, in search of the methods of source study criticism allowing to overcome biased submission of information in official documents. Scientific novelty of article consists in reconsideration of a role of provincial Komsomol in an organizational and economic ukrpeleniye of collective farms at the beginning of 1930 – x years. As a result of research the author comes to a conclusion that Komsomol members played the major role in strengthening of a collective-farm system. As a result of collectivization the provincial Komsomol became the organization collective-farm. Nevertheless, use of All-Union Leninist Young Communist League in various economic campaigns contradicted the main functions of the organization.

DOI: 10.7256/2409-868X.2015.4.14967

Abstract: The object of research is made by relationship of the Komsomol organizations with government bodies of national education, initial and average educational institutions, and also various categories of the population involved in processes of realization of reforms of school education, and also problems of general education in the early sixties. On materials of the Tambov region are shown as the huge efforts made by the state and the Komsomol organizations in development of evening education, and failure, a contradiction in activity of evening and correspondence schools of the region. For studying of historical and Komsomol problems the theory of nationalization of Komsomol became basic: the Komsomol is considered as peculiar Soviet "the ministry of youth", a link between the state and youth. Experience of activity of Komsomol is estimated from universal and state positions. Recognition of bases of the concept of education of viable generations of I.M. Ilyinsky also was of great importance for an objective assessment of a contribution of Komsomol in development of national education Considering that in general practice of national education didn't meet the ripened requirements, the author, nevertheless, notes high achievements in development of "schools for adults" and a major role of Komsomol in performance of the major economic task.

DOI: 10.7256/2409-868X.2015.4.15534

Abstract: The subject of this research is the Sudebnik (Code of Laws) of Sempad the Constable, devised in the second half of the XIII century and used throughout the territory of Armenian Kingdom of Cilicia, its norms in the spheres of criminal and civil law, as well as the issues of government administration and state structure. A special attention is given to the positions that distinguish the norms of this document from the text of the Sudebnik written by Mkhitar Gosh, which was used earlier in Cilicia and was considered to be the main source for Sudebnik of Sempad the Constable. The main conclusions of the work consist in the thesis that the Sudebnik (Code of Laws) of Sempad the Constable is an independent legal act, preparation and enactment of which were substantiated by the demand and conditions of development of the Cilician society. The Sudebnik represents a unique legal document and a substantial contribution to the medieval Armenian culture.

DOI: 10.7256/2409-868X.2015.4.14409

Abstract: Renovationism is one of the most complex and contradictory phenomena in the Russian Orthodoxy of the 1st half of the XX century which still remains not entirely comprehended and understood. Its organizational and ideological formation and development took place under various cultural and historical conditions and under the influence of various religious and philosophical ideas and concepts that naturally affected versatility of this phenomenon and diversity of its appraisal. A visible role here is also played by the fact that, being the intra-church opposition, the Renovationism in the 1920th was involved in the resolution of sharp ideological and intra-church conflicts, having been influenced by challenges and drawbacks of ideologization and mythologization. Their overcoming is substantially contributed to the contextual analysis. The image of the Renovationism and its leaders as it was depicted in the Russian literature of the 1920th allows to create their objective portrait. Addressing to the works of Ilya Ilf, Evgeny Petrov, Olga Forsh and Sergey Yesenin helps to understand the flavor of the historical era when the Renovationist movement of the 1920th developed as well as the Movement’s internal heterogeneity and inconsistency and the way the society perceived the Renovationism and the Renovationist Church.

DOI: 10.7256/2409-868X.2015.4.15646

Abstract: The article is devoted to the study of issues related to national security in the context of their legal registration at the level of international law in the nineteenth century. The article investigates the category of national security, sovereignty, state territory, state border, customs and migration regime, the system of international security secure them in international law, it is determined the level of their formation within the specified period of time. The author has studied the international legal acts and relevant regulations of the Russian national legislation of the nineteenth century to regulate the relevant issues.In the study historical and legal analysis of the legal processing of issues directly related to national security, based on primary sources (international legal instruments and acts of domestic legislation adopted within the specified time period) and scientific papers on relevant issues are conducted.The novelty of the study lies in the historical-legal analysis of international legal regulation of issues related to national security in its relationship with national law.The main conclusions of the research are the following: national security began to take shape long before the advent of respective category, registration related issues occurred both at the level of national and international law; in the nineteenth century category sovereignty began to take shape legally , issues related to the state territory and state borders were regulated , customs and immigration regimes were expanded , forming system of international security started.

DOI: 10.7256/2409-868X.2015.4.15935

Abstract: Activity of the state security agencies in premilitary years repeatedly became a subject of scientific researches. However it is necessary to notice that the main attention some authors, especially the last two decades, turned on the distortions of the principle of legality taking place in the sphere of ensuring state security. The reviewed work, mentioning regrettable incidents, an object of research has process of legal regulation of providing external and internal security. The Ural region in this regard is special as it is rather removed from the center and at the same time is quite subject to control from the central bodies. As a methodological basis of the reviewed research the set of methods, general scientific and special is attracted. First of all it is necessary to call the principles of historicism and objectivity, methods of historical and legal comparison, especially norms of the central and local bodies, the analysis and synthesis, deduction and induction, statistical and so forth. Scientific novelty is caused by three complementary factors. First, the historical and legal analysis of the regulations of People's Commissariat for Internal Affairs and its local bodies concerning an object of research published so far is carried out by the author for the first time. Secondly, in a scientific turn the array of the archival documents still not known to scientific community is introduced for the first time. The author of the article undertook the main thing, research of history of legal regulation of activity of the state security agencies, at the high scientific level, the employee of these bodies with very extensive practice of similar activity

DOI: 10.7256/2409-868X.2015.4.15659

Abstract: In this article the author reviews the textbook by T. F. Yaschuk “Juridical education in the highest school”, in which the author examines historical, theoretical, comparative, and applied aspects of preparing juridical personnel. An assessment is given to the phenomenon of European university with law faculty, traditions of Russian juridical education, as well the difficulties of realization of the positions of Bologna process. The author notes the positive aspects of studying foreign experience in the area of highest juridical education, and demonstrates the special significance of state regulation of preparation of jurists and social-state partnership in this sphere. Accent is made on the importance of theoretical analysis of didactical problems within the highest juridical school, as well as new requirements set before the scientific-pedagogical staff. The broadness of the spectrum of problems presented by T. F. Yaschuk contributes to the more objective, panoramic vision of the state and benefits of development of the highest juridical education. Such approach prompts reasoning on the trends of development of the system of education of professional juridical personnel in the conditions of globalization, making this work useful not only for master’s degree seekers, post-graduate students, and educators of juridical disciplines, but also to specialists in the theory and history of juridical education.