DOI: 10.7256/2409-868X.2015.6.16206

Abstract: In this article materials about chronology of reigns of empress Okinaga-tarashi-hime (Jingu) and emperor Homuda-wake (Ojin) are analyzed. At the end of the XIX century researchers realized that time of reigns of the first sovereigns of Yamato are excessively extended. The reasons of it were found out by the Japanese scientist of Naka Michiyo. After that attempts of revision of chronology began. The most significant results are analysed in this article. Histori-ans, having compared materials of Japanese chronicles with the Korean and Chinese sources, found out that the second half of the Jingu’s regency and the most part of Ojin’s reign fell on the second half of IV – the beginning of the V centuries. Unresolved was a problem of time of the beginning of Jingu’s regency and a problem of the end of Ojin’s reign. In article results of the solution of these problems on the basis of comparison of materials of Japanese, Korean and Chinese sources are yielded. It is found out that reign of emperor Chuai came to the end in a year of the Korean campaign of empress Jingu which in the Korean sources is dated 346 AD. The period of the regency of empress Jingu falls on 347-389 AD, and reign of Ojin – on 390 – the end of 414 / beginning 415 AD.

DOI: 10.7256/2409-868X.2015.6.17355

Abstract: This article examines the question of genesis of the legislative structure of the Digest of Laws of the Russian Empire of 1832. The author analyzes the theoretical ides, basic principles and rules of drafting of the Digest of civil procedural laws. A special attention is given to the construction projects of the system of civil procedural legislation. During the course of examining the legislation structure of the Digest of laws, the author determines the correlation between the elements and the peculiarities of public relations. The author reviews civil procedural law, evolution of the Russian civil procedural law, modern historical legal science, as well as history of the Russian procedural law. It is noted that in the courts of this time period were known for bribery ; it was considered as bureaucracy – corrupted, ignorant, unaccountable, but at the same time was silent before the highest authorities.

DOI: 10.7256/2409-868X.2015.6.16694

Abstract: Public charity in the Russian Empire, as a social activity, was a complex of legal and organizational measures aimed at social support and protection of vulnerable groups, creating conditions for the realization of their labor ability, and also measures of law enforcement, medical, religious and educational nature. The police involved in the field of public welfare was manifested in the efforts of state bodies in the sphere of public charity, primarily the Ministry of internal Affairs of the Russian Empire, which was responsible for its organization at Central and peripheral levels.Methodological basis of research is the dialectical-materialistic method of cognition of socio-legal phenomena, as well as historical and legal, system-structural, comparative legal, logical-theoretical and private scientific methods of study normative documents in combination with a systematic approach and analysis. The main conclusion of the conducted research was the provision that the police took an active part in the organization of public charity in the Russian Empire of the XIX century. The Ministry of internal Affairs practically since its formation in 1802, was entrusted to manage not only the orders of public charity, but most importantly the facility of all Affairs of the charity. It was an expression of the desire of the authorities to implement law enforcement and social functions by one Department. Performing a law enforcement function, the Ministry of internal Affairs have solved the problems of police surveillance and control the activities of charity societies and private persons, undertook measures for the prevention and suppression of vagrancy and begging.

DOI: 10.7256/2409-868X.2015.6.15341

Abstract: This article is dedicated to the history of manifestation of collaborationism in the Soviet Union during the Great Patriotic War, as well as the problem of its differentiation from the other forms of cooperation of the Soviet citizens with the German occupants. The author analyzes the normative legal acts, socio-political processes and phenomena of the researched period in order to determine the juridical understanding of the manifestation of collaborationism, as well as the causes and conditions of political, legal, and social character, which contributed into collaboration and establishment of the repressive practice and prosecution of the Soviet citizens who was cooperating with the enemy. Based on the analysis of the historiography of collaborationism in USSR during the period of the Great Patriotic War and its demarcation from the other forms of cooperation of the Soviet citizens with the German occupants, the author determines a number of characteristic features and conditions that promote the formation and realization of the manifestation of collaborationism, as well as substantiates the need for their juridical and moral-ethic differentiation by taking into account the proposed criteria.

DOI: 10.7256/2409-868X.2015.6.17096

Abstract: The author thoroughly examines a number of the most important historical events that took place in the Soviet State in the 1950’s, which made possible the XX Congress of the Communist Party of the Soviet Union with the momentous report by N. S. Khrushchev dedicated to the cult of personality and its consequences. During this political forum, was approved a number of actions aimed at realization of the principles of socialistic legality and law order, protection of rights and freedoms of the Soviet citizens, interparty democratism, which later was reflected in the Soviet law of the studied period.  The author examines the importance of the XX Congress of the Communist Party as a pivoting point in the domestic policy of the Soviet State, as well as substantiates the causes of conduction of codification of the Soviet legislation during the period of 1950-1960.  The author is the first to conduct a comprehensive analysis of the principles of Soviet law within the stated period. Based on the developed criteria, the periodization of the establishment of the principles of Soviet socialistic law in accordance with its branches is performed.  Codification of the Soviet legislation was based on the general legal principles: socialistic legality, democratism, social justice, and social freedom. The author’s main contribution consists in the conclusion that the true modernization of Soviet legislation during this time frame encouraged solving the most odious totalitarian tasks while preserving the Communist ideology.  

DOI: 10.7256/2409-868X.2015.6.16346

Abstract: The modern classical legal education in Germany is a legacy of the Prussian model of judicial training, which in its development has repeatedly transformed, reflecting the political changes and the mood of German society according to the chronology of the historical development of the state. The importance of the study of the German legal education is predetermined by high achievements of the German legal culture, long-standing university traditions and huge intellectual potential of the German historical schools of law, it is impossible to ignore the reformatting of policy of Russia towards the European educational standards.However, for foreign publications, regarding the history of the German legal education, the certain deficiencies and fragmentariness are characterized, and the works of historians of law and comparativists of our country touch on this aspect only in very small degree. The author offers the reader the historical reliability representation about the system of judicial training in Germany in dynamics of its development, built on the basis of use of special historical methods (historical-comparative, historical-systematic, retrospective, synchronic and diachronic analysis and others).The results of the study can be estimated with a number of positions: historical-legal, political, academic and scientific-methodical.

DOI: 10.7256/2409-868X.2015.6.16182

Abstract: The author examines the reformation of the voivode-mandatory administration of Siberia and focuses his attention on the combination of the defining factors, first and foremost the colonizational character   of the territory, traditionally more expanded competency of the local government officials, conduction of the diplomatic relations with the bordering states, absence of noble landownership, developed self-governance among the migrants, etc. Namely the peculiarities of the region created such regional institutions and centers of power that could put the local society and administration above the supreme authority. The author underlines that the reforms of the early XVIII century in Siberia were conducted considering the specificity of the region, and that resulted in the deviation from the unified governorate administration in the empire.  An example of such deviation from the rational principles of the empire-building became the restoration in the late 1720’s of the Siberian order, but this measure did not pan out, because besides the order, the All-Siberian affairs were under the competency of the Senate, collegiums, Siberian governor, and the specialized financial and departmental metallurgical administration. With regards to Siberia, during the period of 1710-1782, there were “Special orders” for the governors, developed by taking into account the geographical, economic, and socio-political specificity of the region.  

DOI: 10.7256/2409-868X.2015.6.16055

Abstract: The subject of this article is the examination of the economic activity of self-governance in the Kalmyk Steppe. Based on the archive materials, various “budget” sources that contain data on profits and losses of the branches of public administration were subjected to studying. That allowed figuring out complicated issues of economic development. Based on the results of their analysis, it was determined that budgets of uluses were especially poor. The critical analysis of the sources showed that the forms of financial and primary accounting records for the uluses administrations were standard. The author concludes that despite the limited financial resources, the financial relations provided a relative economic autonomy of the branches of local self-governance in the XIX century Kalmyk Steppe, because namely the local finances best match the needs of the specific territory and contribute into the establishment of the conditions of its functioning.

DOI: 10.7256/2409-868X.2015.6.15632

Abstract: Based on the example of functioning of Tambov Oblast processing branches of industry, the author gives evaluation to the efficiency of the planned-centralized economy in the conditions of the wartime. The object of this research is the combination of branches of light and food industries that belong to the industry group B, the strategic importance of which during the wartime consisted in the food and clothes supply of the army and fabric-factory population of the base. A special attention is given to the questions of local subordination as the only source of supply of the local population throughout the war. The authors examines the industrial base potential, difficulties of economic restructuring of the real sector and the ways to overcome them, as well as the results of carrying out the government projected tasks. This article is first to analyze on the example of the materials of Tambov Oblast the effect of the government industrial policy during the period of “socialistic reconstruction of economy” upon the work of the Soviet processing industry under the conditions of the Great Patriotic War. The author makes a conclusion on the complete retargeting of the processing branches towards the supply of the battle needs; their objective incapability to carry out government projected tasks and meet the needs of the local population with the living essentials due to human resources, material-technical, as well as mineral and fuel issues; negative influence upon the industrial indexes in the light and food sectors of the prewar industrial policy of the government aimed at stimulating the heavy industry branches.

DOI: 10.7256/2409-868X.2015.6.16407

Abstract: Abstract: This paper examines the key mnemonic images of the Apollonian cult with which formed the political and legal aspects of the Greco-Roman world view, including the idea of human nature, society, and the ancient polis as a reflection of the universal cosmic Logos. Reconstruction of the semantic meaning of a number of religious practices is based on the hermeneutical analysis of the ancient narrative and mytho-poetic tradition to identify memorial of codes by which the visualization of the dualistic concepts of the Greek-Roman ontology underlying the concepts of ancient intellectuals about ordering universal beginning and its coordinating role in the civil life of the polis community.Particular attention is paid to the problem of modeling strategies for text natural landscape gardens and other temples dedicated to Apollo, the ancient shrines in their visual representative context that existed as an integral part of the political and legal culture of the ancient citizen. Physical environment associated with the sacred representations of Greco-Roman intellectuals of the interdependence of solar, life-affirming incarnation of "radiant" of God and his usual dark chthonic forces, discussed in terms of its potential as a mnemonic materialized image of the eternal Logos. The author concludes that with the strengthening of monarchical principle Greco-Roman state polysemantic beginning Apollonian worship gives way to solar symbolism, which has played a crucial role in the creation of visual representative "scenarios" legitimation of the sovereignty of the supreme power in the European monarchies of early modern times.

DOI: 10.7256/2409-868X.2015.6.16211

Abstract: The subject of this research is the problem of correlation between the society and government within the history of political legal thought. The author thoroughly examines the outlooks of the thinkers of Classical Antiquity, Medieval Times, Renaissance Era, and New Times upon the place of society and state within the public-political system, as well as the correlation between them. A special attention is given to the search of systemic connections between these points of view. At the same time, the author underlines the current relevance of the researched problem and determines its fundamental positions, which characterize the correspondence of the modern society with the constitutional state. Among the main conclusions are the following positions: 1) with the emergence of state, begins the civilizational stage of development of the society, therefore we should talk about the correlation between society and government since the establishment of the first states; 2) civic society represents the foundation of the constitutional state; the unity of civic society and constitutional state is a “social whole”, in the foundation of which lie their common goals; despite the solidarity in goals, contradictions and conflicts are inevitable in both cases, inside the civic society, and between civic society and constitutional state; 3) civic society and constitutional state are so-called constraint factors for each other; the developed civic society established as a result of the natural development (and not artificially created by the government) that is able to organize public relations and provide their effective realization, by its nature has to carry more importance for the society as a whole, rather than government.

DOI: 10.7256/2409-868X.2015.6.16042

Abstract: The subject of the conducted research is the political legal doctrine of the prominent Russian thinker of the XX century Nikolay Yakovlevich Danilevsky. The author analyzes the civilizational approach towards the typology of societies and states, which for the first time in the history of global thought was developed by this scholar in his fundamental work “Russian and Europe: Look Upon the Cultural  and Political Relations of Slavic Word with Romano-Germanic”. The attention is given namely to the political legal component of the aforementioned approach. The author examines the essence of N. Y. Danilevsky’s outlook and pursues a certain correlation between his approach and the approach of K. N. Leontyev and Eurasians. The author gives a detailed characteristic to the scientific approach of N. Y. Danilevsky towards the typology of states. Often, within the Russian juridical literature, it is forgotten that namely this thinker was the first to develop such approach 50-60 years ahead of his colleagues. In addition to that, the author compares N. Y. Danilevsky approach with K. N. Leontyev approach and reveals the distinctive and general features.

DOI: 10.7256/2409-868X.2015.6.15772

Abstract: The improvement of the criminal legislation including the system of criminal punishments throughout several years is carried out without the sufficient scientific substantiation. Currently, the improvement of the system of criminal punishments is impossible without a comprehensive examination of the historical experience. Thus, the presented article reviews the questions associated with the criminal punishment within the researches of the Russian jurists of the stated time frame. The author attempts to analyze and compare the notions of punishment and system of punishments, presented in the works of the Russian jurists of the late XIX and early XX centuries; the importance and effectiveness of the certain systems of punishments provided in the Russian Criminal Code of this period. The foundation for the research of the systems of criminal punishments became the principal positions of the materialistic dialectics, within the framework of which the system of criminal punishments is examined in a state of constant changes and gradual development. The jurists in their criminal legal researches of the late XIX and early XX centuries connected the punishment with the committed crime, i.e. the punishment was considered as a consequence of the committed crime. The concept of punishment, its essence and legal nature was determined mostly as a measure of state coercion. There is no doubt that the criminal legal researches of the jurists made a significant contribution into the development of criminal law science in the area of the doctrine on punishment.  

DOI: 10.7256/2409-868X.2015.6.16638

Abstract: This article is devoted to research of the actual juridical questions of the nature of the principles of law and the differentiation of branches of law. Genesis of the concept “principle of law” in domestic jurisprudence is described in the article – beginning with views of pre-revolutionary theorists, including notions of soviet lawyers, ending with points of view of modern researchers. More over principles of law are justified in this article as one of the subsidiary criteria of differentiation of branches of law. The author characterizes the nature of the principles of law in terms of objective and subjective in law, their location in the system of law and main functions. By the way in the article the opportunity of using of the principles of law in process of differentiation as subsidiary criterion are described, and some examples are provided. Also the author of the article provides, analyzes and comments soviet and modern theorists’ points of view about the principles of law, and the role of principles in organization of rules of law. The article will be interesting for wide range of readers: for researchers of the system of law and criteria of differentiation of branches of law, researchers of separate branches of law and practitioners.

DOI: 10.7256/2409-868X.2015.6.17019

Abstract: The subject of this research is the political views of the XX century British scholar A. J. P. Taylor, who made a significant contribution into the development of historical science during the period of 1930-1960, as well as provoked an extensive discussion in professional historical science and public circles with regard to the problem of origins of the World War II. Throughout his life, Taylor was an active member of the British Labor Party and supported the ideas of socialism, which significantly affected his professional and social activity. The author examines such aspects as the process of formation of political views of the scholar, as well as the reflection of socialistic views in his works. The foundation for this article became the typology of biographies proposed by Donald Walker that includes the biography of personality, professional biography, and biography of the environment. The personality and professional activity of A. J. P. Taylor is little-studied in the Russian historiography, while his contribution into the development of historical science of the XX is quite significant. During the course of this research, the author underlines that the political views played a key role in Taylor’s professional growth as a historian and public figure, as well as determined the problematics of a whole number of his historical works.

DOI: 10.7256/2409-868X.2015.6.17476

Abstract: The subject of this research is the process of establishment of the Soviet State economic policy during the period of 1920-1930. The author thoroughly examines the legislation on commercial enterprises as the protectors of economic interests of Russia abroad, as well as the consolidation of their status in the international treaties. The author gives characteristic to the new economic policy and concessions as means of attracting the foreign capital into the country. A special attention is given to the fight of the Soviet State for implementation of foreign trade monopolies as one of the ways to preserve the Soviet regime. An objective analysis of the legal acts, international agreements, as well as other diplomatic documents, allowed the author to propose his own unique conception of events associated with the development by the Soviet government of the economic line on the international arena. It became the embodiment of the “socialistic” reforms program in Russia with all characteristic to it positive and negative aspects.  This article creates a close to the objective truth image of historical reality.

DOI: 10.7256/2409-868X.2015.6.17391

Abstract: The subject of this research is the origin of the Russian judicial administration. Within the Russian juridical science since the pre-revolutionary period the tendency to determine what is the “judicial administration” is quite evident. The author believes that the judicial administration takes its roots from the period of Peter the Great's Administrative and Judicial Reforms and represents a complicated socio-political phenomenon that is subjected to a constant action and change. Due to this fact, the author conducts a systemic analysis of genesis and evolution of this phenomenon, defines its elements, which give an understanding of the mechanisms and principles of functioning of the institution of court administration within the specific historical period. In his research, the author examines the establishment and development of judicial administration in the Russian Empire, as well as in the inter-revolutionary and Soviet periods, and its transformation into the modern internal judicial administration carried out by the judicial authority itself.

DOI: 10.7256/2409-868X.2015.6.16493

Abstract: The subject of this research is the main stages of establishment and development of the Russian police science. Taking into account the fact that theoretical heritage of the Russian police scientists until present times preserves the ability to enrich the legal science and encourage the search for optimal solutions of the modern problems, the complex analysis of the Russian police science will allow using its scientific potential to a full extent. The author gives characteristics to the three stages of the establishment and development of the police-legal theory in Russia during the period of XVII-early XX centuries. Names of the prominent Russian police scientists and their major work are being analyzed. The author conducts a historiographical review of this topic. The desire to determine the dynamics and historical prospect of development of the ideas of the Russian police scientists on state and law, requires structuring this research based on the principle of historicism. The author characterizes the concept of the police state, legal state, social state, as well as the concept of public-legal relations in the area of government administration developed by the Russian police scientist in the late XIX and the early XX centuries.

DOI: 10.7256/2409-868X.2015.6.16412

Abstract: The subject of this research is the relevant part of the theoretical-legal heritage of the renowned Russian jurist Vitkor Viktorovich Ivankovsky (1854-1926); the establishment and evolution of his state-legal views; the scholar’s contribution into the development of the questions on the role and place of the government in the public life of Russia, on the place of the system of administrative-police institutions within the government, on the place of self-governance in the organization of life of the Russian society. The author makes an attempt of the problematic-theoretical reconstruction and interpretation of the theoretical-legal heritage of V. V. Ivankovsky, focusing on the scholar’s examination of the problems of political science and the questions pertaining to the role of the administrative law in regulation of public relations. V. V. Ivankovsky appeared in the Russia’s historical-legal though as a prominent representative of Russian legal and sociological science of the late XIX and the early XX centuries; his theories and methodologies did not lose their relevance till the present times.

DOI: 10.7256/2409-868X.2015.6.16396

Abstract: The subject of this research is the relevant part of the theoretical-legal heritage of the renowned Russian jurist Ivan Trofimovich Tarasov (1849-1929); establishment and evolution of his state legal views; Tarasov’s concepts in the area of domestic administration of the Russian Empire. The article gives characteristics to the scholar’s contribution into the development of the theory of police and administrative law, as well as I. T. Tarasov’s outlook upon the problems of law enforcement activity, the essence of administrative enforcement, as well as the prospects of establishment of the institution of administrative justice in Russia. Scientific novelty consists first and foremost in the fact that complex problematic-theoretical reconstruction and interpretation of the theoretica-legal heritage of I. T. Tarasov has not been executed within the historical legal science until today. I. T. Tarasov not only determines the problems of the domestic government administration, which found reflection in his works, but also proposed ways and means for their solution. Scholar’s works significantly affected the development of the Russian jurisprudence of the late XIX-early XX centuries and remain relevant under the modern circumstances.  

DOI: 10.7256/2409-868X.2015.6.16395

Abstract: The subject of this research is the relevant part of the theoretical-legal heritage of the renowned Russian jurist Vladimir Fedorovich Deryuzhinsky (1861-1920); establishment and evolution of his state legal views; realization of the developed by him concepts in the area of improving the regulation of public relations in the early XX century. This article characterizes the scholar’s contribution into the development of the theory of police (administrative) law, his outlook upon the problems of realization of the social function of the government, as well as on the questions of care about poor and prevention of the behavior deviation. The author attempts the problematic-theoretical reconstruction and interpretation of the theoretical-legal heritage of V. F. Deryuzhinsky, which did not have a place within the historical-legal science until today. The study of Deryuzhinsky’s experience and public activity can encourage the search for the effective solutions to the problems of social control over the deviations within the public life, as well as the development of optimal models of prevention of such problem of society in the modern world.

DOI: 10.7256/2409-868X.2015.6.16389

Abstract: The subject of this research is the relevant part of the theoretical-legal heritage of the renowned Russian jurist Eduard Nikolaevich Berendts (1860-1830). This article gives characteristics to the contribution of the scholar into the development of theory of the police (administrative) law and reviews his outlook upon the regularities of transition from police law to administrative law, upon the problem of determination of methodological foundations of the science of administrative law and its systematization. The author examines E. D. Berendts’ ideas on the regularities of evolution of the system of government authorities, as well as efficiency of the work of the central and local administration and peculiarities of functioning of the government apparatus of Finland as a constituent of the Russian Empire. The author attempts a promplematic-theoretical reconstruction and interpretation of the theroretical-legal heritage of the Russian police scientist E. N. Berendts, which until the current times was not subjected to the comprehensive analysis.

DOI: 10.7256/2409-868X.2015.6.16394

Abstract: The subject of this research is the relevant part of the theoretical-legal heritage of the renowned Russian jurist Arkadiy Ivanovich Elistratov (1872-1955); the establishment and evolution of his state legal outlooks; his vews upon the essence of the government administration; realization of the developed by A. I. Elistratov projects of government reformations in the Russian state in the early XX century; assessment of the A. I. Elistratov views by the contemporaries and the scholars of the XXI century. For the first time within the historical legal science, the problematic-theoretical reconstruction and interpretation of the theoretical-legal heritage of A. I. Elistratov is carried out. There is no possible way to form the new approaches towards the fundamental problems of the legal theory without taking into account the creative heritage of the prominent Russian jurists, among which is A. I. Elistratov. His works represent such scientific potential that can contribute into determination of the vectors of the state legal development of Russia, as well as the development of the modern juridical science towards the consolidation of the priority of human rights, and recognition of their leading role in modernization of the legal system of the nation.

DOI: 10.7256/2409-868X.2015.6.17142

Abstract: The subject of this research is the Code of Law and its content of David, the son of Alavik, devised approximately in 1130.  The article is focused on the questions of legal regulation of the secular relations due to the fact that this Code of Law became Armenian first secular legal act, and was not a result of the legislative work of the church. The Code of Law was unsanctioned by the present authorities of the conquerors (Turks and Arabs), but at the same time was put into practice, thus it is of a great interest for studying. David’s Code of Law is one of the most little-studied sources of Armenian law till the present times. Among the main conclusions is the fact that David developed the first secular Code of Law, in which he attempted to reflect the existed in reality norms of common law, and based on them create a normative foundation for regulating the civil, family, labor, criminal-legal relations for the purpose of ensuring the rights and liberties of Armenian people. Thus, the principle of mandatory pay for work and the purpose for marriage (birth of children) were enacted for the first time. Some of the rules established by the Code of Law later became the origins for the more famous and studied Armenian Codes of Law – Mkhitar Gosh’s legal code(XII-XIII centuries), and Sempad the Constable legal code (1265).

DOI: 10.7256/2409-868X.2015.6.16777

Abstract: This article-feedback is dedicated to the analysis of the essence and form of manifestation of the conservative legal ideology. A detailed attention is given to the views of the Russian government and public figures of the conservative direction and their reflection in the main vectors of domestic and foreign policy, as well as legal development of the Russian state during the various historical periods. The author examines the questions associated with the notions of “conservatism” and “conservation”, gives their definitions, and determines general and specific features. The question on the possibility of implementation of the term conservatism towards the Soviet statehood and law is raised in the course of this research. Scientific novelty consists in structuring of the problems pertaining to the detection of the original criteria of periodization. It is noted that the relation of Russian conservators to the country’s socioeconomic and political-legal reforms will be a qualitative sign, which differentiates one conservative direction from another. Due to this fact, emerges the following aspect of periodization associated with the ability to combine the qualitative and quantitative (chronological) periodization for the purpose of determining which of the directions of the conservative political-legal thought in Russia was dominating during the specific chronological period.