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Genesis: Historical research
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MAIN PAGE > Journal "Genesis: Historical research" > Contents of Issue № 01/2018
Contents of Issue № 01/2018
History of law and state
Pletnikov V.S., Pletnikova M.S. - Institution of compensation for moral damage caused by a crime in criminal procedure: stages of formation and specificities of normative consolidation pp. 1-9

DOI:
10.25136/2409-868X.2018.1.22611

Abstract:  The object of this research is the social relations established in the process of state legal development of institution of compensation for moral damage. An attempt is made to trace the path made in the process of normative regulation before the legislator systematized the legal material that in one or another way deals with questions of compensation for moral damage, and has emerged as an independent interdisciplinary legal institution. Special attention is given to the normative sources, the analysis of which allows determining the key stages of development of the indicated legal institution. The article also examines the origination of academic polemics within the framework of the claimed vector of research. Particular place is given to the legal modeling, historical-legal method, and various approaches towards interpretation of law. The scientific novelty of consists in the fact that based on the analysis of the publicly available normative sources, were identified the key stages of development of such legal institution as the compensation for moral damage. The key stages of development of the interdisciplinary legal institution of compensation for moral damage include: the emergence of norms that regulate certain aspects of compensation for moral damage, and their accumulation (formation of the principles and requirements to compensation for moral damage due to committing a criminal action); systematization of legal norms that regulate the questions of compensation for moral damage and deviation from the comprehension of compensation for moral damage as the means used in criminal legislation, while its consolidation as the method of protection of civil rights; normative registration of the interdisciplinary legal institution of compensation for moral damage, through rejection and revival within the new state legal realities. 
Diulina O. - Basic social and legal characteristics of customary law of the nations as factors of its integration into the legal system of the Russian Empire (XVII – XIX centuries). pp. 10-19

DOI:
10.25136/2409-868X.2018.1.23997

Abstract: Legal policy of Russia throughout the period of the XVII-XIX centuries was directed particularly towards creation of legal mechanisms of integration of the customary law of peoples of Moldavia and Wallachia, Livonia, Courland, Governorate of Estonia, and Little Russia into the legal system of the Empire. The law of the affiliated people was based on the distinctive legal tradition. Legal policy of the Russian Empire in relation to law of the indicated peoples was formed in accordance with common to their custom peculiarities. As a prerequisite for formation of the vectors of legal policy, the article takes into account the legal regime of customary law that has already existed in Russia prior to integration. The object of this research is the customary law of the affiliated peoples as an integrable part of the general system of law of the Russian Empire. The subject of this study is the fundamental characteristics of customary law (content of norms and origin of sources), which manifested as the factors of influence upon the measures of integration character taken by the government. The author examined the materials on the origin of customary law sources, content of its norms and acting system of customary law, as well as pursued correlation of the acquired conclusions with the integration actions of the Russian legislator. This allowed making a conclusion on the degree of impact of the integrated law upon the political and legal status of the national borderlands. Relevancy of the study consists in the elevated scientific and practical interest towards the integration processes in law, including as a part of legal policy. The scientific novelty lies in the fact that the legal phenomenon of integration of law is relatively unstudied aspect of history and theory of the Russian law. Generalization of the Russian experience in solution of the integration issues over the indicated timeframe can enrich the theory of law and legal practice. The work reveals that the legal nature of customary law, considering the goal of legal policy of the Russian government, became the positive determinant in the course of integration, being favorable for retention of legal force and creation of the special legal regime of the customary law of nations. Thus the peculiarities and differences with the Russian customs in historical origins, content and form of consolidation of customary rules, did not become an obstacle in the integration process, but rather contributed to securing the special law with greater legal  force in comparison with the General law of the Empire, which distinguishes the legal regime of the established local law in the border regions from the customs of the Russian Empire.
Konovalov I.A. - Political legal status of the indigenous population of Siberia in the “Statute on Alien (Inorodsty) Administration” of 1822 pp. 20-27

DOI:
10.25136/2409-868X.2018.1.23772

Abstract: The object of this research is the legal policy with regards to indigenous peoples of Siberia in the XIX century. The subject of this research is the organization of local administration and legal status of the natives in accordance with the “Statute on Alien (Inorodsty) Administration” of 1822”. The scientific novelty consists in the escalated interest towards the history of local administration among the indigenous peoples of Siberia; it is caused not only by the desire of historians to have a more profound look into the past, but specifically practical needs. Referring to the forgotten traditions of administration it is important to consider the extensive historical experience acquired over the centuries. It is also useful to have a new perspective on the known facts and events in order to overcome the old myths and deceptions, as well as prevent the emergence of new. Special attention is given to structure and organizational legal questions of the work of local self-governance of the indigenous peoples of Siberia, its cooperation with the local administrative and police bodies. The author concludes that the administrative bodies of the indigenous peoples of Siberia were formally included into the system of local institutions of state power. They differed from the state authorities only in the form of organization, conditions, and nature of activity. In the course of reform of the administration of native population of Siberia, the crown administration acted very cautiously, considering the Siberian specificity to the fullest. In this regard, the governmental approach can be viewed as a regional component of the Russian imperial administrative policy.
Krasnyakov N.I. - Central Asian vassal-dependent khanates in the vicegerent government of the Imperial Russia pp. 28-45

DOI:
10.25136/2409-868X.2018.1.23762

Abstract: This article analyzes the geopolitical situation of the middle of the XIX century, when the Central Asian question began to hold an independent place in the Eastern direction of Russian geopolitics. It is emphasized that continued importance of this vector is expanding the boundaries of the Empire was determined not as much by the interests of industrial and trade development, but the need for sustainable impact upon the states of the Asian Region. The role of the army is underlined as a military and political guarantor and administrative personnel base of advancing the prestige of the Russian state in relation to polyethnic feudal principalities and khanates of the region. The author argues the position that in the management of Turkestan used the available experience in operation of the administrative systems aimed at organization of compound society in the Caucasus. Attention is focused on the broader competence of the governor-general of the region already at the initial period of integration than among the acting in accordance with the general rule regional governors, as well as in making the more independent decisions directly on the spot and lesser reliance on the center. The author highlights the trends of integration and unification in the administrative-regulatory system with the adoption of the Provisional Statute on Administration in Turkestan Region in 1886, which established the fundamental principles of justice, land tenure and land use systems, taxation, political and administrative structure. The main conclusion consists in the fact at the beginning of the XX century the administration retains its form; the modernization of administrative system in the region on the background of the need for reform of the overall provincial structure of the Russian Empire did not receive the essential resources.
Solomko Z. - “Fair trial” in Russia during the late XIX – early XX centuries, or the myth of the lost lawfulness pp. 46-59

DOI:
10.25136/2409-868X.2018.1.24233

Abstract:  This article is dedicated to the analysis of adherence of the Russian justice of the late XIX – early XX centuries to the requirements of lawfulness as an attribute of the legal state. By reference to number of basic principles/requirements of lawfulness, advanced by the contemporary mainstream theory of lawfulness (inner consistency of positive law and unity of lawfulness, supremacy of law, equality before law and court, fairness of courts, security of the rights of private entities from arbitrariness of administration, inadmissibility of contraposition of lawfulness and purposefulness), the article demonstrates contradictions of the post-reform positive legal regulation of justice and law enforcement practice in this field, which are incompatible with the dominant in the theory of law concepts of legal state. Attention is focused on such problems of prerevolutionary justice, as the contradiction between the general principles of the Court Statute of 1864 and private legal norms; gradual eroding of the progressive norms of Court Statutes; administrative corrosion of judicial power; legal particularism; lack of the institutions of administrative justice; double law enforcement standards. From the perspective of Marxist analysis, the author demonstrates the legitimate character of the aforementioned phenomena. Attention is turned to the ideological nature of the gaps in the interpretation of prerevolutionary justice that are common to the contemporary mainstream historical-legal consciousness. The contained in the work generalizations and conclusions doubt the methodological and theoretical value of comprehension of the prerevolutionary justice as a phenomenon of the establishing legal statehood, and actualize the relevance of the dialectic-materialistic, social-class analysis of the post-reform justice and prerevolutionary Russian legal order overall.
Filonova O.I. - The status of the judge and the personnel policy of the formation of the corps of judges during the new economic policy period pp. 60-66

DOI:
10.25136/2409-868X.2018.1.23773

Abstract: The subject of this study is judicial body of the New Economic Policy period (1921-1929). The author examines such aspects of the topic as the legal and non-legal components of the status of a judge, mechanism of formation of judicial body, and  judges personnel during the New Economic Policy period. Particular attention is paid to the legislative foundations of the status of Soviet judge, principles and peculiarities of human resource policy in formation of judiciary, as well as problem of legal education. Based on the archival data, the author analyzes the dynamics of composition of the judiciary, as well as describes a portrait of a Soviet judge of the 1920’s. Methodological basis consists in the system approach, which allows exploring the judiciary as such alongside within the state mechanism in the context of the political system of Soviet society. The main conclusions lies in determination in the status of a judge of legal components (age, social status, work experience, absense of criminal record, institution of responsibility, guarantee of judicial immunity), and non-legal (membership in the Communist Party, adherence to its policy). Author’s special contribution to the research lies in the analysis of the human resource policy mechanism in formation of the judiciary, as well as its results, reflected in court personnel. The scientific novelty is defined by the comprehensive approach towards the indicated problematic.
Nasibullin R.A. -
“Definitive fight for eliminating all the consequences of counterrevolutionary distortions on the theoretical legal front in the shortest possib
“Definitive fight for eliminating all the consequences of counterrevolutionary distortions on the theoretical legal front in the shortest possible time ... “: 1937 at Sverdlovsk Law Institute
le time ... “: 1937 at Sverdlovsk Law Institute
pp. 67-78

DOI:
10.25136/2409-868X.2018.1.22790

Abstract: This article examines the initial stage of the political campaign aimed at “liquidation of consequences of counterrevolutionary distortions in the theoretical legal front” in the USSR and Sverdlovsk Law Institute In March of 1937. This battle resulted in seizing from the institute library of the works of repressed authors; dismissal of  the lecturer of Soviet State Law P. A. Gordeev “for perversion in teaching”; on March 16-19 of 1937, holding a meeting of the Institute teachers and students, participants of law school and law courses, employees of court and prosecutor’s office for discussing a situation “on the theoretical legal front”; revision of curriculum and learning materials of the institute; increasing control of the departments and educational sector over delivering lecture and classes. The author analyzes a special opinion of the Professor S. F. Kechakian of May 15, 1937, on resolution of the general meeting. The unpublished archival documents and materials of the Ural State Law University and the State Archive of Sverdlovsk Region are introduced into the scientific discourse. Two addendums from previously unpublished documents from the State Archive of the Sverdlovsk Region, prepared for publication by the author of the article, are attached to the research.
Kondrateva A.N. - Institution of consent in matrimonial canon law of the medieval Western Europe pp. 79-84

DOI:
10.25136/2409-868X.2018.1.24418

Abstract: The subject of this research is the norms of the Western European medieval canon law that regulate the questions of marriage and sexual behavior. The author focuses attention on the figure of the Monk of Bologna John Gratian, who in his "Decree" first spoke about the role of consent of intending spouses to enter marriage. Gratian’s position, officially supported by the Roman Catholic Church, caused acute discussions in medieval society, as well as became one of the factors of jurisdictional battles between the secular and canon law. Using the historical method alongside method of research analysis carried out by European and American experts in the field of canon law, the author established that Gratian had a strong impact upon the process of formation the matrimonial canon law; although, his influence was only de jure and did not directly affect the usual practice of contracting marriage. However, due to the innovations of the Catholic theologian Raymond Peñafortsky, Gratian's idea was implemented de facto. As a result of the study, the conclusion is formulated that the question of the consent of parties was of crucial importance not only with regards to matrimonial relations, but also the criminal-legal sphere (for example, in qualification the committed action as abduction, kidnapping, “raptus”, etc.). Thus, the rules of expressing the consent to marriage have developed into the entire set of revolutionary for the medieval European society provisions that found reflection in the principal source of canon law, and subsequently, in the Modern Age, were accepted by the secular legislation of some Western states.
History of regions of Russia
Perviy A.I. - Participation of the labor unions of Volgograd in solution of the housing problem within the framework of the program “Housing-200” during 1985-1991 pp. 85-92

DOI:
10.25136/2409-868X.2018.1.24140

Abstract: The subject of this research is the work of the regional labor unions in solution of the housing problem of Volgograd workers over the period of 1985-1991 within the framework of state program on providing housing to all Soviet citizens. Special attention is given to the contribution of Volgograd labor unions with regards to solution of housing problem of the country. The characteristic is provided to the key methods of implementation of the program “Housing-2000” by the labor unions. The goal of this work consists in giving an idea on the forms and content of the activity of Volgograd labor unions in solution of the regional housing problem during 1985-1991. Thus, the author examines the status of housing problem of the Soviet State and Volgograd Region, analyses the capabilities of the regional labor unions to influence its outcome. In accordance with the principles of historicism used as methodological foundation of this research, the policy of labor unions was viewed in close interrelation with the political and socioeconomic processes that took place in the Soviet State, which allowed demonstrating justification and consistency in activity of the Volgograd labor unions throughout the indicated timeframe. The general scientific method of synthesis helped to acquire the full picture on the Volgograd labor unions as an organization contributing into accommodating the needs of regional population. The relevance of this research is defined by introduction of the new historical sources to the scientific discourse. The conducted analysis will allow assessing the all-union housing situation, considering the solution of housing problem by the labor unions of the Soviet State.
History of political and legal doctrines
Gorbunov M.D., Romanovskaya V.B. - Methodological prerequisites of neopositivist concept of law in the scientific works of Herbert Hart pp. 93-101

DOI:
10.25136/2409-868X.2018.1.23568

Abstract: This article analyses the methodological grounds of neopositivist concept of Herbert Hart that found reflection in early works of the legal philosopher. Hart’s criticism of the doctrine of logical-philosophical analysis of language allowed forming a new method of philosophical definitions of the social terms based on understanding of contextuality and relativity of verbal expressions. Linguophilosophical theory of legal language, formulated in Hart’s works, determined the theoretical-legal views of the scholar being translated into his fundamental work “The Concept Of Law”, which significantly influenced he establishment of the school of analytical jurisprudence. Having analyzed the early works of Herbert Hat, the author was able to formulate a method of philosophical definition of the social terms that comprised the foundation of his philosophical and theoretical-legal methodology. At the same time, the scholar does not create a holistic methodology and meaningful concept of legal language, being limited by the questions of peculiarity of the use of legal language and specificity of the analysis of legal concepts. Hart’s application of knowledge in the area of linguistic philosophy took the form of analytical tradition in jurisprudence. The acquired results are of great importance for the development of legal theory and philosophy of law, because allow more precisely determining the grounds of the neopositivist concept of law of Herbert Hart – one of the leading philosophers of law of the previous century, whose works are relatively unknown in Russia.
Culture and cultures in historical context
Markov N.A. - Experiment in the Soviet cinematography: Experimental Creative Association (1965-1976) pp. 102-111

DOI:
10.25136/2409-868X.2018.1.23742

Abstract: The subject of this research is the history of the Experimental Creative Association of Grigory Chukhray, which purpose lied in the attempt to implement the market principles into the management system of Soviet cinematography. The leading films that became the classics of Soviet cinematography were shot within the framework of this association. At the end of the 1960’s were prepared the projects for distributing this system across the entire Soviet cinematography; thus its principles underlied the new system of cinematography in 1989. The object of this research is the principles of the Experimental Creative Association, circumstances of its organization, its achievements and role in development of the national cinematography. Methodological foundation contains the principles of historicism, systematicity, and objectivity. Following the principle of historicism implies the examination of the history of the association in terms of the specific historical situation of 1960’s – 1970’s. System approach suggests considering the entire complex of factors that affected the establishment, development and dissolution of the Experimental Creative Association. The author’s contribution into the research of this topic lies in the systemic learning of the establishment, development, crisis, and dissolution of the association as one of the most remarkable events in the history of Soviet cinematography. It is concluded that the formation of the Experimental Creative Association was attributed to the overall situation in the country during the period of “thaw” that marked the expansion of the ideological and stylistic frameworks of art, as well as the reforms of A. Kosygin; the crises of film studio of G. Chukhray in 1968 led to the deprivation of independence and rejection of the general reform of cinematography; this crises was due to the common trend towards strengthening of control and spate of the ban on films thought the period of 1966-1971; the abrupt partial implementation of the principles of association in 1989 did not results in the replication of its success.
Social history
Kisteneva O.A., Kistenev V.V., Ukhvatova E.A. - The activity of sanitary inspection of labor at the industrial enterprises in RSFSR over the period of the New Economic Policy (using the materials of Kursk Province) pp. 112-118

DOI:
10.25136/2409-868X.2018.1.23428

Abstract: The subject of this research is the activity of sanitary inspection of labor aimed at improving health of the employees of industrial enterprises of Kursk Province, as well as organizing their recreation over the period of the New Economic Policy. The study is conducted through researching the regional archival materials. It is noted that the sanitary inspections were responsible for improving the working conditions, as well as carried out mass health examinations. The most common diseases among the employees have been identified. It is underlined that the responsibilities of sanitary inspection of the Kursk provincial labor department also included the scientific work on studying the occupational illness and mortality rate, and the counteracting measures. The application of the comparative-historical and problem-chronological methods of the general historical research allowed the authors to identify the specificities of practical work of the trade unions in social-labor sphere. The scientific novelty consists in demonstration of the joint activity of sanitary inspection with trade unions, which has brought positive results. The companies have conducted mass medical examinations; identified the most common diseases among workers in hazardous industries, the causes and preventative measures; organized the state support in form of the sanatorium-resort treatment of workers; conducted educational work through publishing newspaper and journal articles; prosecuted  the company administration for violating Labor code in the field of labor protection, especially the private factories, rather that the state. The aforementioned facts positively affected the acceleration of production processes and increase of labor efficiency.
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