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Genesis: Historical research
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MAIN PAGE > Journal "Genesis: Historical research" > Contents of Issue № 01/2016
Contents of Issue № 01/2016
History of law and state
Yarusheva L. - Effect of the Slavic, Roman, and German laws on the establishment of the Russian legal sources pp. 1-16

DOI:
10.7256/2409-868X.2016.1.16313

Abstract: The subject of this research is the genesis of the Russian legal sources and their development under the influence of the Roman law and the German pandectic system. This article examines the sources of the Ancient Rus customary and written laws, their significance for the modern Russian legislation. The author conducts research on the effect of the reception of Roman written law upon the Russian legislation during the establishment of the Ancient Rus, as well as the Imperial Russia; the influence of the pandectic system upon the Russian codification is also being analyzed. Among the main conclusions are the following: firstly, the Russian legal sources have Slavic roots, and are based on the legal customs of the Eastern Slavic tribes; secondly, throughout its entire existence, the Russian written law had a “Roman content” due to the fact that in many Russian sources there could be found a number of adopted to the Russian conditions norms of the Roman law; and thirdly, since the early XX century, the Russian legal sources attained the “German shape” after the implementation of the pandectic system in the course of conducting codification of the Russian legislation.
Tsvetkov A.O. - On the question of juridical establishment of the legal status of a foreign prisoner of war within the Russian legislation (1829-1904) pp. 17-30

DOI:
10.7256/2409-868X.2016.1.16568

Abstract: This article is dedicated to the research of development of the legal status of a foreign prisoner of war within the Russian legislation. The author analyses the Regulations on prisoners of war during the early XIX and beginning of the XX centuries, and determines the essence of the social-legal factor in establishment of the legal status of a foreign prisoner of war within the Russian law. The legal status of a prisoner of war in the Russian legislation had its own juridical structure, in which the principal elements were not the rights and responsibilities in the general civil sense, but a list of permissions and prohibitions placed on the individual held captives. As a result of evolving, such legal model was expanded by the additional elements, and within time transformed into the modern legislation on prisoners of war. Today, in the event that a person is captured, the government has to ensure the right to life and humane treatment of the captives. The scientific novelty consists in the examination of the establishment of the prisoner of war legal status on the Russian territory as a complex category that has its own genesis, and not the borrowed and adopted to the conditions of the internal governmental policy on treatment of prisoners of war.
World history: Eras and seasons
Zarubin S.A. - On the question of Russian-Argentinian relations at the end of the XIX and the beginning of the XX century pp. 31-38

DOI:
10.7256/2409-868X.2016.1.16697

Abstract: This article is dedicated to the process of the establishment and the main tendencies in the development of the Russian-Argentinian relationship at the brink of the XIX and the XX centuries. The author reviews the principal causes in the improvement of the relations between Russia and Argentina in the end of the XIX century in the context of changes that took place on the international arena within this historical period. The work of the prominent Russian diplomat A. S. Ionin and his significant contribution into the establishment and consolidation of the diplomatic and economic ties between the two countries is also being analyzed in the course of this research. The author gives characteristics to the main stages of the Russian-Argentinian collaboration, as well as examines the key issues that negatively affected the relations between Russian and Argentina. The conclusion is made that the Russian-Argentinian cooperation met the foreign policy interests of both countries and was closely connected to the events taking place on the global arena. Despite the issues of domestic and foreign nature, the dynamic of the development of the Russian-Argentinian relations is characterized as positive and very promising.
History and Politics
Kodan S.V. - The Council of People’s Commissars and the Central Committee of the All-Union Communist Party of Bolsheviks order…”Joint normative legal acts of the Communist Party and the Soviet State within the system of sources of Soviet law pp. 39-53

DOI:
10.7256/2409-868X.2016.1.17674

Abstract: The established within USSR system of administration and regulation of public relations in the Soviet society represented a conglomerate of the Communist Party and the government. The Soviet state acting as a mechanism in realization of ideological and political decisions of the Russian Communist Party-the Central Committee of the All-Union Communist Party of Bolsheviks-the Central Committee of the Communist Party of the Soviet Union and its legislative activity in its foundation was determined by the Political Bureau of the Central Committee. At the same time, the Communist Party did not possess official constitutional authorities for decreeing the normative obligatory for the entire population acts, thus was initially using a particular form of legalization of its decisions – joint acts of the Party and the state. This article reveals the place and role of the joint orders of the Party’s Central Committee and the Soviet State of normative legal character as the means of broadcasting into society the politico-ideological decisions of the party, as well as the combined efforts of the party and state apparatus towards the determination and solution of the questions of managing the social, political, and economic processes. 
Agapov I.O. - Lobbying in Great Britain: history of development and problems of regulation pp. 54-73

DOI:
10.7256/2409-868X.2016.1.16383

Abstract: The subject of this research is the lobbying in Great Britain. A special attention is given to the close connection between the promotion of private interests by the high rank officials of the British governments and the corruption scandals. The author thoroughly examines the legal frameworks of the collaboration on the Royal servants with the representatives of major corporations, a so-called, actively developing practice of “rotating doors”. The law on transparency of lobbying is being analyzed; the conclusion is made about its inability to improve openness of the relationship between the authorities and the business in the United Kingdom. In addition to that, the author demonstrates a number of examples typical for the unbalanced lobbyism. Among the main conclusions are the following: lobbyism in Great Britain is tightly linked to the manifestations of corruption; British mass media is filled with headlines on the controversial actions of one or another politician; the acting legal frameworks of the collaboration between the lobbyist and the officials cannot provide any notable restrictions on the lawlessness of the reputable economic constituents; the fundamental law regulating lobbying in the United Kingdom requires significant changes.
History and Economics
Yanik A.A. - Arrival of “young reformers” towards administration of the Russian economy: analysis of coincidences and regularities pp. 74-113

DOI:
10.7256/2409-868X.2016.1.16830

Abstract: The subject of this research is the analysis of events which resulted in the ascent of the community of young economists towards the management of the Russian reforms, who were later called the “young reformers”. A special attention is given to the examination of the facts within a broad historical context that helps to avoid falling into a trap of the popular narratives that lead to mythologization of ideas associated with the complicated processed of the Russian history of the late XX century. The goal of this work is to explore by what means the chain of events will gradually transform into a consistent and historically inevitable outcome, when the initial endless pi of the personal trajectories subsequently leads to the only possible way of realization of the collective historical drama. The author comes to a conclusion that under the conditions of crises, drastically increases the demand for the scientific knowledge on the management of public and economic development, and thus the responsibility for the quality of the events belongs to both, the government and the expert community. The history shows that by the end of 1991, only the “young reformers” were ready to operate in emergency conditions, which required increased efficiency and the ability to present scientific ability as the “product” for practical implementation.
History of science and technology
Fat'yanov I.V. - Regularities of genesis and functioning of the experimental activity in Russia pp. 114-137

DOI:
10.7256/2409-868X.2016.1.15317

Abstract: The subject of this research is the regularities of emergence of the experimental activity within law. The author points out on the existence of certain regularities within law which should be paid attention to in lawmaking. During the course of this work, the author simultaneously addresses two problematic areas: firstly, practical question of the functioning of the experimental activity in Russia – the activity of competent constituents, when takes place the approbation of the proposed innovations aimed at testing the theory; and secondly, a specifically scientific problem on the concept of the notion “regularities of the experimental activity” and the determinants which substantiate it. The object of this research is the public relations emerging in experimental activity. The author gives attention to the causes of experimental activity associated with the establishment of the local self-governance, and its improvement after the adoption of the 1993 Constitution of the Russian Federation. The author suggests an original definition to the notion “regularity of genesis and functioning of the experimental activity”, as well as detects certain determinants of the experimental activity within law.
History of public institutions
Abdulin R.S. - General characteristics and models of court administration in the RSFSR (1917-1998). pp. 138-202

DOI:
10.7256/2409-868X.2016.1.17542

Abstract: This article examines the formation and development of judicial administration in Russia from 1917 to 1998 the Main part of the article is devoted to the development of judicial administration in the RSFSR, reviewed the model at various stages of the Soviet state. The author believes that the judiciary of the RSFSR originates in pre-revolutionary Russia, since at the initial stage of its development, the Soviet state created the judicial management -the people's Commissariat of justice of RSFSR and gave it functions similar to the Ministry of justice of the Russian Empire and the Provisional government. The author explores the development of each model trial and shows their dependence on state policy in the field of justice and influence on these processes of the Communist party. Throughout the study, the author carries out the idea that in any transitional historical periods of formation and development of judicial control of substantial importance is given to past experience in judicial management, creative perception of the national traditions of such governance, objectively exist between different historical periods of the development of the state.
Interdisciplinary research
Akishin M.O. - The formation of the legal language in Ancient Rus IX – XII centuries. pp. 203-236

DOI:
10.7256/2409-868X.2016.1.17620

Abstract: The fundamental hypothesis of the article is the theory, formulated in parallel, and V. I. Vinogradov.L. Weisgerber, according to which language is a state – building factor, an essential attribute of the state. The core of the lexico-semantic field of the state language is legal language. The formation of the state language of Ancient Russia was, on the one hand, due to the blurring of the dialects of East Slavic tribes and the formation of a single Russian spoken language; on the other hand, the adoption of Church Slavonic as the language old Russian book-learning. The desire to distance the Prince of statutes for the population of Ancient Russia was determined that Russian spoken language as their basis. However, Church Slavonic language has influenced the texts of the Prince of legitimation, it was carried out translations of Byzantine legislation, including acts of ecclesiastical law, which had legal force in Russia. Therefore, the state language has evolved in the combination of Russian spoken language and Church Slavonic language. A study of the lexico-semantic field of Russian language of the law helped to prove that in Ancient Russia there was a number of terms that are fundamental to modern legal language, including: law, law, customs, Ambassador, Treasury, court, plaintiff, a person, estate, lender, will, murder, witness, etc. Rich lexical composition of the language of the law allowed to borrow from Byzantine law and to formulate abstract rules in the statutes of princes of Ancient Russia.
Beliefs, religions, churches
Babich I.L. - Archimandrite Paisios (Sokolov) as a hegumen of the Ascension Desert of St. David (middle of the XIX century) pp. 237-269

DOI:
10.7256/2409-868X.2016.1.17513

Abstract: This article examines the activity of one of the prominent hegumen of the Russian monastery – Ascension Desert of St. David – Archimandrite Paisios (Sokolov). Being an educated nobleman he decided to dedicate his life to the Orthodox monasticism. He was influenced by the reputable Russian elder Makary Optinsky. Paisios contributed a lot into the prosperity of the monastery (increase the number of monks, improved their living conditions, level of ethics, financial situation of the monastery, as well as construction of the new buildings, particularly the bell tower). The research is based on the historical method, with attraction of the new archive materials extracted from the Moscow archives, and the important written sources such as the letters by Paisios Sokolov. Since his appearance in the Ascension Desert of St. David monastery in 1843, he conducted a number of reforms that allowed the monastery to reach prosperity; it is marked as a long period of modernization of the community, which has started back in the end of the XVII-beginning of the XIX centuries.
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