DOI: 10.25136/2409-868X.2017.9.23951

Abstract: The subject of this study is the crisis of the French colonial empire, caused by the global geopolitical changes that occurred after the end of the World War II. The author considers such aspects of the problem, as the clash of interests of the largest actors of international relations on the Indochina Peninsula, as well as policy of the world powers with regards to Vietnam, Laos, and Cambodia. Particular attention is paid to the reasons for the failure of the attempt to implement In Vietnam the doctrine of French neocolonialism, and identification of factors that substantiated the loss of the Fourth Republic in the First Indochina War. In the course of the research, the author used the method of historical reconstruction, which, along with the attraction of new historical sources (materials of the post-war mass media and memoirs) has allowed considering the problem in the context of clashes among mindsets, values structure of French aggressors and Vietnamese patriots. This aspect of the problem has not yet attracted serious attention of the Russian researchers, while it was viewed tendentiously within the French historiography. Conclusion is made that in this war the French individualism, a special relation to individual and values of human life (which in itself is worthy of respect!) was set against a centuries-old tradition of peasant community, in other words, the willingness to sacrifice itself for the common goal.

DOI: 10.25136/2409-868X.2017.9.24090

Abstract: The analysis of the Communism ideology through the prism of the constitutional context is new to the modern historiography. The article views Lenin's state and legal ideology as the basis of legitimizing formula of the Russian Constitution of 1918. The main attention is paid to examination of the influence of political and legal ideas of Marxism-Leninism upon the adoption of the framework law of Soviet Russia alongside the further constitutional consolidation. Leaning on the principles of theory of the ideological morphology, the article  structures the formulation of such concepts in Lenin's teaching as a commune state, dictatorship of the proletariat, proletarian democracy, and state management by workers (the elimination of bureaucracy). From the standpoint of the theory of speech acts, history of terms and concept of the “legal policy”, Marxism-Leninism is analyzed in the context of Russian Constitution of 1918. It is asserted that Bolshevism was a type of social engineering, aimed at the legal and political construction of post-revolutionary reality. Thus, the constitutional commission, established in April 1918, became the de facto instrument for consolidating the basic provisions of the Marxist-Leninist ideology in the first Constitution of the Soviet State. In this context, the realization of Lenin's ideas undergone detailed examination in specific Articles of the Constitution of the Russian Soviet Federative Socialist Republic of 1918.

DOI: 10.25136/2409-868X.2017.9.22622

Abstract: The subject of this research is the stage of organization of the Soviet courts, formation and evolution of the Soviet judicial administration, which had attracted and continues to attract the attention of many scholars. There has been written fairly large amount of articles, books, monographs, and theses dedicated to the events of this time, which ended with the establishment of both, the new political and new judicial systems. However, the official ideology and practice of the Soviet state construction that initially rejected the idea of separation of powers as alien and bourgeois, due to which the court throughout the entire Soviet period did not receive the true independence, left a mark upon all social phenomena, including science to a certain extent. Therefore, multiple works in the area of examination of the establishment of Soviet judicial system and judicial administration, were ideologically tendentious, referred to the extensive circle of communist and propagandistic literature, as well as accessible to public archive materials that favorably characterized the Soviet structure. The author introduces the original point of view on the complicated process of destruction of the old imperial judicial system and creation of the drastically new judicial apparatus alongside the apparatus of judicial administration until the Judiciary Reform of 1922. The scientific novelty consists in the fact that through the prism of state policy in the context of transformations, realized by the Soviet government in judicial sphere, the article demonstrates the establishment of the judicial administration. Based on the generalization of the existing research and published, but not introduced into the scientific discourse archive sources, the work formulates and substantiates the origins, political legal nature of judicial administration applicable to a particular stage of the political legal development of Russia (1917-1922).

DOI: 10.25136/2409-868X.2017.9.22365

Abstract:   This article examines the expressed in Herbert Hart’s concept question of determination of rules in the legal system through the legislative and precedent mechanism. Legal formalism and relativism are viewed as the ultimate forms of explanation of the aforementioned question. The author underlines the need for joint application of these mechanisms due to the fact that the general behavioral rules, on one hand, comprise the essential core of legal system, while on the other – are not capable of producing the equally efficient effect in all private cases of legal regulation. Such limitations are associated with the structure of law, the nature of which is substantiated by the objective flaws in legal language. As a result of the analysis of Herbert Hart’s theoretical views in legal system within the context of schools of legal positivism and realism, it seems possible to make the following conclusions: firstly, the behavioral norms are fixed in the legal system through the mechanism of legislation and precedent; secondly, the implementation of general rules is restricted by the sphere of relatively simple cases that do not require the clarification of legal assignments; thirdly, the need for interpretation of the rules emerges as a result of uncertainty, substantiated by the transparent structureof law; fourthly, the open system of law lies in the limited descriptive ability of legal language, which fixates the rules; fifthly, the fulfillment of restrictions of the rules functions is realized through the mechanism of authoritative precedent decision that eliminates the legal uncertainty; sixthly, precedent does not substitute the rules, because the courts, even having ultimately broad powers, are limited by the norms that constitute the legal system itself. The acquired results presents significantly value from the perspective of development of the fundamental legal science, due to introducing into the scientific discourse the new to the Russian legal doctrine provisions, formulated within the frameworks of neo-positivistic concept of law of Herbert Hart – one of the leading philosophers of law of the previous century, whose works remain little-studied in Russia.  

DOI: 10.25136/2409-868X.2017.9.23835

Abstract: The scientific novelty of this research consists in examination of the incomes of collective farmers of Sverdlovsk Region over the period of 1941-1958 based on the materials of budget inspection. The article provides the data on gross agricultural outputs within the individual households in value terms, dynamics, and structure of the annual average working hours of a family of collective farers, and time expenditure when working in the individual household. The author characterizes the structure of sowing in household plots, indicates the dynamics of agricultural production in the households of collective farmers, as well as defines the role of individual household in income in kind and cash of a peasant family. Methodology of the work suggests structuring the dynamic rows of the key indexes in functionality of peasant household on the basis of calculations of the annual average household budgets in accordance with the five-year circuit. This allowed grading the significant inclination of indexes of the peasant households in different timeframes, caused by the changes in the state agrarian policy alongside the natural climatic factors, as well as determining the trends of their development. The analysis of budget inspections testifies to the fact that throughout the indicated period, individual household in Sverdlovsk Region was the main source of income in kind and cash in a peasant family. Public economy satisfied the needs of the collective farmers only in cereal and fodder grain. Major portion of potato, vegetables, meat, dairy, and eggs came from the household plots. At the same time, most of the working time among the labor force accrued for the public economy. In the second part of 1950’s, due to the changes in Soviet agrarian policy, took place a noticeable growth in the incomes of collective farmers from the work in collective farms alongside the machinery and tractor stations; this resulted in decrease of the role of individual household in the village.

DOI: 10.25136/2409-868X.2017.9.23706

Abstract: The object of this research is the Soviet youth (mostly the citizens of 14-30 years of age residing in the European part of Russia). The subject of this research is the efficiency of state youth policy in the area of labor. The Komsomol is viewed as a distinct “ministry of youth” Chronological framework of the study cover the period from the mid 1950’s until the first part of the 1960’s. This is the period of modification in the technique of administration and control over society, which revealed the forms of social creativity from the latent state. The efficiency of state youth policy in the area of labor is being evaluated with the help reminiscences of the veterans, examination of letters of the youth of 1950’s – 1960’s in newspapers, secondary analysis of the sociological surveys of the Institute of Public Opinion of “Komsomolskaya Pravda”. The author concludes that the labor education during the studied timeframe was aimed at increasing of social optimism, and thus, performed the role of adaptation mechanism that encouraged the molding of personality. Not glossing over the flaws in the state youth policy in the area of labor, the author believes that one of its notable positive results consisted in introducing collective labor to the youth, creative self-expression, development of the feeling of involvement into the large-scale social processes, as well as interest in career growth.

DOI: 10.25136/2409-868X.2017.9.24125

Abstract: The subject of the article is the examination of various manifestations of domestic violence and search of the historical legal argumentation in favor of the purposefulness and potential for correcting the corresponding social relations through legislation. The research is based on the analysis of national legislation – both, the modern, as well as previously existed at various stages of evolution of the Russian State. In order to prove the thesis that violence with regards to family members is inherent to systemocentric and personicentric societies at different stages of historical development. The authors meticulously reviews such aspects of the topic, as the origins and methods of the struggle against domestic violence with regards to women. The use of comparative-historical and historical-country analysis, allowed saturating the research with the facts that confirm the immanency of family violence to the traditional microsocieties, structured in accordance with the principle of autocratic power of master of the house. The main contribution into the study consists in the thesis on the influence upon the formation of tradition of domestic violence of a number of factors, including the legacy of authoritarian social structure, religious and ethical imperatives, economic ill-being of family and society as a whole. The scientific novelty is defined by the facts testifying to the spread of domestic violence in the world, as well as formulation of propositions based on the global preventative experience, particularly through adopting the corresponding programs of social development and laws on prevention of the domestic violence.

DOI: 10.25136/2409-868X.2017.9.24016

Abstract: The object of this research is the establishment of the All-Union Leninist Young Communist League (Komsomol) that celebrates 100th anniversary in 2018. The subject of this research is the peculiarities of organization of leisure activities for children and youth in first half of the 1960’s, when the union practically crossed the “equator” of its historical path. The main sources used in this work as the materials from the Russian State Archive of Socio-Political History, State Archive of Socio-Political History of Tambov Oblast, as well as the highly classified “Codes of Rules” that initially were distributed in small circulation into the republican and regional Komsomol Committees. The author reviews Komsomol as a sociocultural phenomenon of the XX century, as well as illustrates that in the time of “Thaw”, the center of attention in activity of the Komsomol organizations was reoriented towards satisfaction of all increasing requests and interests of the entire Soviet youth. In public consciousness, Komsomol was associated with the interesting and valuable organization of leisure activities, which played a substantial role in prevention of legal violations among young men and women.

DOI: 10.25136/2409-868X.2017.9.21989

Abstract: The subject of this research is the genesis phase of the dialogue between state and civil society in the sphere of public policy of modern Russia. Such dialogue initially took place on the context of social dialogue. The beginning of Perestroika in the Soviet Union created the prerequisites for genesis of the dialogue between state and civil society. Analysis of evolution of the civil society institutions and formation of innovation, and simultaneously contradictory practices of dialogue interactions in the area of public policy are in the author’s center of attention. The main conclusion lies in the empirically substantiated periodization of institutional theory of the dialogue between state and civil society. Its main stages are the following: social dialogue in Russia prior to the emergence of mature civil society; genesis phase of the dialogue between state and civil society that transformed into the stage of institutionalization. These are namely the determined by the author key stages in institutional history of the dialogue between state and civil society in the Russian Federation.

DOI: 10.25136/2409-868X.2017.9.23978

Abstract: The subject of this research is the historical analysis of causes and consequences of the so-called Renovation project manifested after the October Revolution as a result of “release” of the Orthodox Church from state support. In particular, the author examines the development of Renovationism in Ukraine over the period of 1917-1932, when the Orthodox Church faced the short-term prospects for strengthening of their influence upon the society. However, the new atheistic “proletarian” state could not let it happen, due to the ideological opposition to Christianity alongside the reason that it had to “make arrangements” with the new serious public power, which undoubtedly would become the Church over time. The scientific novelty of this work lies in the fact that the examined scientific historical problematic opens the new comprehension of the meaning of autocephalous movement in Ukraine that significantly differed from such in  Russia, Belarus, Georgia, and other countries. Namely, the motive for creating the autocephaly in Ukraine became the idea of separatist nature. In addition, the distinct feature of Ukrainian Renovationism lied in the appeal to the nationalistic ideas. Author’s special contribution is the introduction of the new historical facts base on the previously unknown documents, particularly the correspondence of the Ukrainian supporters of Renovationism with the local churches, especially the Cyprus Church. The aforementioned correspondence testifies to the fact that the leadership of Cyprus Church held off on acknowledging the Ukrainian autocephaly, which can be interpreted as a manifestation of the political and canonic carefulness in the situation of political uncertainty of that period.

DOI: 10.25136/2409-868X.2017.9.21598

Abstract: The World War II determined the crucial importance of industrial economies in conducting warfare. War became a competition of the economies. Efficiency of operation of the companies during the wartime in multiple ways depended on the labor discipline, which indexes in turn, were influenced by the of social life aspects, living and working conditions of the employees. A difficult situation with housing, food, and clothes throughout the period of 1941-1942 significantly affected the low indexes of labor discipline, as well as led to the fact that many staff members of the Soviet industrial companies were wilfully leaving their workplaces. The subject of this article is the correlation between the factors of social life and indexes of labor discipline. The problem is studied using the new archive data, with consideration of the existing research on related issues. The author determined the most prone to the violation of labor discipline categories of Soviet workers, as well as the key types of such violations. The main violators of the regime are the graduates of the job-industrial training and trade and factory schools, who have been conscripted into the plants. The article provides an explanation to this situation, as well as the main causes.

DOI: 10.25136/2409-868X.2017.9.23976

Abstract: The object of this research is the appearance of the phantom enemy flying machines during the World War I, recorded within the significant distance from the area of combat operations. The subject of this research is the activity of Ural police in countering the nonexistent “airplanes”. The author focuses attention on what caused the perception by the authorities, police, and population of “flying machines” as an actual threat to national security, as well as the course of measures aimed at investigating the first-hand accounts and search for “aeronautical stations”. The main conclusion lies in the fact that besides the actual extension of police functions, its resources were sufficiently weakened by fighting the nonexistent airplanes. The scientific novelty is defined by introduction into the scientific discourse of the new sources from the State Archives of Orenburg Region and Perm Region, as well as National Archive of the Republic of Bashkortostan.