Genesis: Historical research
Journal Menu
> Issues > Rubrics > About journal > Authors > Requirements for publication > Editorial collegium > The editors and editorial board > List of peer reviewers > Review procedure > Policy of publication. Aims & Scope. > Ethics > Legal information
Journals in science databases
About the Journal

MAIN PAGE > Journal "Genesis: Historical research" > Rubric "History of law and state"
History of law and state
Logvinova I.V. - Peculiarities of administrative control of the Northeast of RSFSR during the 1930-1950Тs pp. 1-8

DOI:
10.7256/2409-868X.2016.3.19065

Abstract: In this article the author examines the peculiarities of the established in the 1930-1950’s special system of administrative control in the Northeast territory of RSFSR. The specificity of the state construction was substantiated by the fact that in this region had to solve sizeable issues on commercial development under the condition of complete absence of infrastructure, workforce potential, and geographical remoteness from the central government. In the conditions of totalitarian regime this task was imposed upon organization with a special status, which first was under control, and then became a direct subordinate of the People's Commissariat for Internal Affairs (NKVD). The history of Dalstroy (Far North Construction Trust) gives an idea about the scale of the political repressive machine, formed in USSR during Stalin’s regime. Scientific novelty consists in the fact that based on the archive data, the author was able to reveal the mechanism of administration in the production area of Dalstroy in the 1930-1950’s, which proves its special status. The example of Dalstroy demonstrates that in separate regions of the country has been introduced even a stricter and more centralized system of administrative control, directly regulated by NKVD. The principle of reasonableness in the context of totalitarian regime has been used even against the main principles of organization of the Soviet system of administration. Dalstroy was a state –owned institution that carried out complex tasks within jurisdictional region, based on camp system and using the entire potential of the punishment system of NKVD.  
Yarusheva L.V. - 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.
Tret'yakova E.S. - Administrative unions of the XIX century as legal form of cooperation of the states pp. 1-8

DOI:
10.7256/2409-868X.2017.1.17619

Abstract: The article investigates the administrative unions of the XIX century, which provided frameworks for the countries for cooperation on permanent basis. Crucial characteristics of international administrative unions, their specific features and some of reasons for these institutes formation are determined and described in this paper. Referring to the relevant international legal foundations, the most substantial, according to the author, examples of administrative unions, which have played essential role in correspondent directions of intergovernmental cooperation developing, are indicated here. More than that, main results of their activity are also illustrated in the article.Historical and legal analysis of international administrative unions system, based on scientific studies, the primary sources (international legal acts) and data on the results of administrative union activity are carried out in the frameworks of research.The scientific novelty of the research displayed in historical and legal analysis of international administrative unions as a stage of formation of international intergovernmental organizations.The main conclusions of the study are: The main prerequisites for the formation of the administrative unions system was an intensification of relations in various fields, including international law. Administrative Unions had a number of features: a contractual interstate general administrative and organizing characteristics. The Russian government took essential part in the formation and functioning of most unions. Administrative Unions became one of the first organizational forms of intergovernmental association integration. They made a base of international cooperation on permanent basics and became a foundation for developing international intergovernmental organizations.
Krichevtsev M.V. - Legal regime of detention of foreign prisoners of war in France under Napoleon I (on dispositions of the Empire and the acts of the prefecture of Eure department in 1813 Ц 1814) pp. 1-13

DOI:
10.7256/2409-868X.2017.5.20877

Abstract: The subject of this research is the changes in legal regime of detention of the foreign prisoners of war in France during the ruling period of Napoleon I. The work examines the normative positions pertaining to places of dislocation, organization of work and daily life of the prisoners of war, their financial support administration and police supervision over them, as well as punishments for violation of order and discipline. Legal regulation was exercised on general imperial level alongside separate departments, which causes a question about the interaction of the imperial law with the local law. The article compares the imperial regulations with the acts of prefect of M. de Miramont existing in the Eure department in 1813 – 1814. The relevance of this topic is substantiate by the insufficient study in science of the relation of administrations of various departments towards the dislocated within them prisoners of war and peculiarities of legal regulation of their detention. The conclusion is made that that legal regime of detention of the foreign prisoners of war in France during the late Napoleonic era, to a significant extent is defined not by the general imperial regulations but the local stipulations. Acts of the prefecture issued in the Eure department, testify to the extensive freedom of lawmaking of a prefect in this field. Particularly, the acts of 1814 significantly expanded the authority of the local civil administration pertaining to the depot of prisoners of war within the department’s territory and enhanced its impact upon the military structure in the late ruling period of Napoleon I.
Akishin M.O. - Language situation and law in Ancient Rus during the period of feudal fragmentation and foreign yoke pp. 9-21

DOI:
10.7256/2409-868X.2016.2.17870

Abstract: This article examines the language situation in the Russian lands under the conditions of feudal disunity, Tatar-Mongol invasion, Golden Horde; the language situation in the southwest of Rus as a part of the Polish-Lithuanian Commonwealth is also being reviewed. The subject of this research is the legal regime of Russian and foreign languages, as well as the development of legal language in the Russian lands of the XIII – XV centuries and its lexical-semantic field. Within the historical legal science these questions have never been discussed, nor raised. Thus the author makes an attempt to fill this gap based on the interdisciplinary research. It is determined that the feudal fragmentation not only destroyed the state unity of Ancient Rus, but also led to the formation of different dialects of the Russian language as the official languages of the appanage principialities and veche republics. Under the conditions of the yoke, the Turkic-Tatar language became the state language of the Russian lands that were included into the Golden Horde; but at the same time, various dialects of the Russian language, as well as the Church Slavonic language were de facto recognized as official in the Russian lands by the conquerors. Restoration of statehood in the Ancient Rus lands was taking place under the different circumstances, which reflected on the language situation. Cultural identity of the Southwestern Rus, which in the XIV – XV centuries became a part of the Grand Duchy of Lithuania and the Polish–Lithuanian Commonwealth, has suffered to the most extent. The official language of this region became an artificially created “simple Russian speech”. In Novgorod and Pskov the language significantly differed by its local specificity.  Most success in restoration of statehood was reached in the Grand Duchy of Moscow, which led to the establishment of the legal language.
Biyushkina N.I. - Problems of development of the Soviet civil law and procedure during the period of codification of the mid 1950Тs Ц mid 1960Тs pp. 9-17

DOI:
10.7256/2409-868X.2017.1.20663

Abstract: This article focuses attention of the changes in civil law and procedure, which characterized the process of development and codification of the Soviet legislation over the period of mid 1950’s – mid 1960’s, as well as determines cause-and-effect relationship between the studied transformations and reforms of the Stalinist party-state and political-legal model. Examination of the principles of Soviet civil law and procedure was subjected to creative interpretation; particularly, the author conducted a detailed analysis of provision on the judicial independence in the Soviet State. The work explores the process of formulation and adoption of the fundamentals of civil legislation, as well as fundamentals of civil procedure of the Union of Soviet Socialist Republics and union republics of December 8, 1961. The opinions of the Soviet scholars-civilists related to the development of conceptual apparatus of the branch of the Soviet civil law are being researched and analyzed. The main conclusion of this work consists in the determined by the author multiple and exceptionally important changes in the Soviet civil and civil-procedural law during the studied period reflected in codification of the late 1950-1960’s, which contributed into restoration of the Socialist lawfulness. The author made an original conclusion that the conducted in 1950-1960’s codification of the Soviet civil law was based on the doctrine developed in the works of scholars-civilists in the 1940-1950’s, in other words, within the dominant system of state planning and its frameworks of directive distribution of virtually all material resources. The author’s special contribution lies in the fact that the qualitative political-legal transformations, which took place in USSR over the period of mid 1950’s – mid 1960’s, encouraged the development of the organizational-legal mechanisms of protection and preservation of rights of the Soviet citizens.
Popov F.A. - Imposing state of emergency by the Provisional Priamur Government in October of 1921 pp. 14-22

DOI:
10.7256/2409-868X.2017.5.19648

Abstract: This article analyzes the mechanism of imposing state of emergency by the “White” Provisional Priamur Government in October of 1921. Having come to power as a result of the upheaval on May 26, 1921, the Provisional Government faced opposition from the side of the left-wing public forces of the region, particularly Bolsheviks and SR’s. At the same time, the “white” regime in Primorye was not trying to establish the dictatorship on the example of such formed over the 1918-1919 in Siberia under Admiral Kolchak. The Priamur Popular Assembly had been convoked; it had the legislative initiative, and the government held responsibility before it. The declaration of state of emergency in October of 1921 was substantiated by the threat of Bolshevist uprising in Primorye. State of emergency was imposed without notifying the Popular Assembly, which caused the robust discussions among the parliamentarians. During the course of debates, the opposition appealed to the acting legislation, while the government explained its decision by the necessity of urgent measures pertaining to ensuring the security on the subordinated territory. Thus, the Provisional Priamur Government contravened the law and demonstrated its capability to violate the legal norms in favor of the own interests. The scientific novelty consists in introduction to the scientific discourse of the materials associates with the discussions in Priamur Popular Assembly and the reaction of the Primorye society upon it. The conclusion is mate that the decision of the Provisional Priamur Government had the contradictory consequences for the Far Eastern “white” statehood. The easiness of the government in imposing the emergency measures showed the immaturity of parliamentarism of Primorye, as well as its inability to confront the governmental iniquity using the legitimate methods.
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.
Bogdan V.V. - Development of the Pre-Revolutionary Russian Legislation on the Protection of the Consumer Rights pp. 22-31

DOI:
10.7256/2306-420X.2014.4.13355

Abstract: Regulation of the relations with participation of consumers is of great importance for any democratic state as this sphere carries not only economic, but also national social character. Even in the most ancient time legislators sought to provide interests of buyers, mainly, controlling correctness of conducting trade activity. At the same time, during the pre-revolutionary period there were no the special norms providing responsibility of the seller just before the buyer. Laws of the Russian Empire didn't create consumer protection as independent institute of civil law, and only created its some elements. But these elements, mainly, formation of the right for quality, served a basis for further development of the norms protecting the rights of buyers. In the course of research by the author analytical, problem and chronological, comparative-historical methods which application to studying of the historical past provides the analysis of the occurring events in their interrelation and the corresponding concrete historical context were used. Scientific novelty of research is shown that the author shows influence of the theory and practice of pre-revolutionary protection of the rights of buyers for need of understanding of a harmonious combination (ratio) of public and private-law means, ways and forms of impact on the violator of the legislation on consumer protection in their modern value. The author comes to conclusions that the domestic pre-revolutionary legislation and the scientific doctrine didn't provide special norms on protection of the rights of the consumer; for the pre-revolutionary legislation governing the relations with participation of consumers the public nature is characteristic; prerequisites of understanding of consumer protection as the complex legal phenomenon connected with active state and legal regulation were created.
Sosnin A.V. - Legal regulation of administrative order on the civil cases according to the Digest of Laws of the Russian Empire of 1832-1857 pp. 22-38

DOI:
10.7256/2409-868X.2016.2.17367

Abstract: This article presents the historiographical analysis of the published over the last two decades monographs and textbooks, scientific articles, and doctoral dissertations, which capture the different aspects of the history of Russian state and law, including the in-depth examination of the government activity in the area of legislation, as well as the evolution of the Russian civil legislation of the XVII-XIX centuries. The author reviews the question of genesis of the legislative structure of the Digest of Laws of the Russian Empire of 1832. Special attention is given to the projects of establishment of the system of civil procedural legislation. The conclusion is made that within the modern historical legal science, the integral pattern of the development of the Russian law throughout the period of the XVIII-XIX centuries is being restored; the objective and subjective factors that predetermined the character of reformation of the legal relations are being determined. Scientific novelty consists in the fact that in the course of examining the legislation structure of the Digest of Laws of the Russian Empire, the author reveals the interconnection between the elements and the peculiarities of the public relations.  
Zharov S.N. - Ivan Petrovich Liprandi on corruption and the struggle against it pp. 22-29

DOI:
10.7256/2409-868X.2017.2.21856

Abstract: The object of this research is the ideas on the struggle against corruption, expressed by the active state counsellor of the late XIX century I. P. Liprandi. The subject of this research is the scientific report published in the Imperial Society for History and Russian Antiquities under the Moscow University. The author carefully examines the dynamics in relation of the ration legislator towards bribery, as well as emergence of the ideas about the criminal character of such action. Special attention is given to the pointed by Liprandi difficulties in the struggle against this vice alongside the measures of this fight. The article applied the method of interpretation of the legal ides. The diachronic comparison allowed revealing the genesis of bribe in the Russian law from the virtually lawful to the understanding of a bribe as a dangerous state crime. The scientific novelty is defined by the fact that for the first time, the unrenowned publication on the topic relevant in modern juridical science, is subjected to academic analysis. The conclusion is made about the high relevance of the expressed by I. P. Liprandi ideas and propositions. The work also demonstrates certain steps of the Russian legislator towards the fight against corruption.
Fomin A.A. - The evolution legal approach towards assessment of collaborationistsТ activity during the Great Patriotic War pp. 23-40

DOI:
10.7256/2409-868X.2017.5.20220

Abstract: The object of this research is the public relations emerged in the process of establishment and implementation of the legal institution of responsibility of the collaborationists in USSR during the Great Patriotic War. The subject is the system of the normative legal acts that regulate the responsibility of Soviet citizens cooperated with the German Fascist occupants during the war. The author reveals the essence and characteristic peculiarities of the legal regulation of the examined type of responsibility. Based on the analysis of protective legal norms contained in the legislative and institutional acts, the author reviews the specificity of establishment and transformation of the legal approach of Soviet State towards the assessment of collaborationists’ activity and demarcation of the various manifestations of collaborationism. As a result of this research, the author highlights a number of peculiarities common to the lawmaking and law enforcement in the area of counteracting collaborationism, which under the conditions of the urgently elevated during the wartime political and ideological orientations, conduced the formation of the practice of unreasonable and unjust repressions with regards to the Soviet citizens, who were involved in collaboration with the German occupants. The author makes a conclusion on the appropriateness of assessment of the institution of collaborationists’ responsibility as an exceptionally repressive and deprived of any fairness. At the same time, he believes that the enhancement of responsibility for the unlawful activity of collaborationist nature under the extreme circumstances of the Great Patriotic War was necessary and justifiable. Separate examples in the article demonstrate the trends of the gradual transformation of the protective norms towards differentiation and individualization of responsibility of the persons that in one or another way are involved into cooperation with the enemy.
Tret'yakova E.S. - The role and importance of international non-governmental organization the Institute of international law in the nineteenth century pp. 30-38

DOI:
10.7256/2409-868X.2017.2.17824

Abstract: The article is devoted to the study of the role and value of Institute of international law (international non-governmental organizations) in the development of international legal regulation in the nineteenth century. The author identifies and describes some of the prerequisites for the formation of these institutions, as well as characterizes the mission of the organization, lists the range of issues discussed at the meetings of its sessions. Special attention, as demonstration of theoretical and practical importance, is given to the issues of extradition of criminals, which were developed by the Institute of international law, are part of the decision on the issue. The role and importance of the Institute of international law in the development of international legal regulation is being formulated. The study analyzes the work of the Institute of international law, which is based primarily on the data that testifies to the results of activity of the examined structure of private law published in the pre-revolutionary publications. The scientific novelty of this research consists in the historical analysis of the international non-governmental organizations, particularly the Institute of International Law that remains insignificantly studies in modern research. The main conclusion of the study consists in the following: in the second half of the XIX century there has been established an extensive system of international non-governmental organizations that contributed to the development of international law. The Institute of International Law was of special importance for the development of international law due to the fact that it united the leading experts in this area. During the course of its work, the aforementioned institutions executed various issues, most relevant from the perspective of international legal regulation, which carries theoretical and practical character, as well as undoubtedly affected the content of the international law within the examined period.  Of particular importance to the development of international law was international law Institute, bringing together leading experts in this field. In the course of its work, the studied structure was engaged in a variety of issues, most relevant from the point of view of international legal regulation that had not only theoretical but also practical in nature, and have undoubtedly affected the content of international law in the period under review.
Abdulin R.S. - Theory of Judicial Management in Soviet Russia pp. 32-55

DOI:
10.7256/2306-420X.2014.4.13359

Abstract: In article the theory of judicial management in the Soviet Russia is investigated. It is shown various directions of the Soviet school of sciences by definition of the most effective receptions and methods of management of judicial system. The author analyzes numerous publications and scientific works of the Soviet period, and own views about development of this branch of public administration are given in the Soviet Russia. according to the author of article, in practice the Soviet judicial management turns into strictly structured hierarchical system in which under the direction of RCP(b), CPSU the highest and local public authorities, and specialized state bodies (judicial authorities and superior courts) which main objective is creation of appropriate conditions for administration of justice, but in the conditions of total control and supervision of representatives of judicial authority participate. Such approach to understanding of essence of the Soviet judicial management made serious impact on theoretical judgment by the Soviet scientists of all process of implementation of public administration in the Soviet Russia. The problem of formation and development of judicial management in the Soviet Russia is considered as the difficult many-sided process which was taking place under the influence of social and economic features and a concrete political situation. For this purpose the author used set of such methodological approaches which allow, by his assessment, most fully to open the considered subject. Among nikh:dialektichesky and dialectic and materialistic, the historian - situational, komparativistsky (comparative), historical and retrospective and other methodological approaches. Along with research of the historical and legal aspects of a problem connected with functioning of system of bodies of judicial management by the author the important place is given to theoretical provisions of specification of the conceptual framework relating to the sphere of judicial management. An attempt on the basis of an integrated approach to comprehend process of formation of system of bodies and establishments of judicial management with allocation in it and a specification of a place and a role of judicial authorities, superior courts and their collegial bodies, and also forms and methods of the party management of bodies of judicial management and courts is made.
Sokolova E.S. - On the role of ceremonial legitimation strategies in Russian autocracy (XVII Ц the first quarter of XVIII century) pp. 36-83

DOI:
10.7256/2409-868X.2015.4.15331

Abstract: The article is devoted to the problem of identifying the historical and legal capacity of historical anthropology and some of the mnemonic structures of the modern Humanities research methodology. Examines theoretical, historical and institutional Foundation of legal and historical reconstruction representational strategies ceremonial text, which was carried out modeling the semantic codes of the ideology of autocracy in the Russian state of the seventeenth and the first quarter of XVIII century. The author analyzes the cultural, historical and political-legal framework of the coronation ceremony and other forms of visual mnemonic of self-representation of the Supreme power. Ceremonial text is treated as an integral part of the legal discourse aimed at the legitimation of the dynasty of the Romanovs and the formation of legal consciousness of Russian subjects, the Imperial paradigm of thinking. Along with the recreation of the mythological component of the representational strategies specified period provides an overview of major forms of broadcast mnemonic codes of the Supreme power to a mass audience. Analyzes the representational function of normative legal acts was developed as the legislative support of the ceremonial aspects of the legal policy of the Russian autocracy. On the basis of a wide range of official legal texts, reflecting the continuity of a number of myths-oriented modeling autocratic ideal, the author makes a conclusion about the active role of the Russian government elite in the adoption of collective images of "historical memory" as at the legislative level and in part mediated by the legislation of the political space of autocratic Russia.
Van'kov A.V. - The experience of creating the first digests of laws in the United States: the role of private companies in systematization of legislation pp. 39-45

DOI:
10.7256/2409-868X.2017.2.17819

Abstract: The article is aimed at analyzing the American experience related to the emergence of systematization and codification of federal statutory law in the United States. The article explores the reasons that caused the necessity of putting the statutory law in order, the events and decisions that took place during that process. The article proves that by trial and error the American lawmakers were able to elaborate an appropriate mechanism for assembling vast compilations (codes) of law: this job involved in commercial organizations who eventually ensured the success. In this connection, the article contains more general recommendations connected to the methods of using commercial organizations in the codification of legislation. In the modern conditions, the conclusions are made applicable to the organizations dealing with systematization of legislation on noncommercial basis – the developers of the reference legal systems.
Mamontov V.M. - The impact of the foreign policy factors upon the development of customs legislation in Moscow State of the XVI-XVII centuries pp. 46-50

DOI:
10.7256/2409-868X.2016.4.19069

Abstract: The subject of this research is the legal regulation of the customs of Moscow centralized state of the XVI-XVII centuries. The object is the combination of the socioeconomic and foreign policy relations established in the Moscow centralized state in the XVI-XVII centuries, which affected the development of the Russian customs law during the examined period. The goal of this work is to analyze the influence of the foreign policy factors on the customs policy of Moscow State, as well as its reflection in the normative legal acts of the aforementioned period. Special attention is given to the study of the Russian experience of syncretizing the elements of foreign policy and the customs legal regulation based on the example of formation of the customs legislation in the Moscow State of the XVI-XVII centuries. The examination of the experience of establishment of the Moscow State customs legislation allows claiming that the development of the customs law is performed taking into account the influence of the foreign policy factors that are in turn substantiated by the possibility of implementation of the instruments of customs policy for the purpose of solution of the foreign policy tasks, as well as by the necessity of consideration of the foreign policy conjuncture during the introduction of certain legal norms regulating the relations in the customs sphere.
Gromova G.A. - Historical and legal study of administrative law for the Council Code 1649 pp. 51-62

DOI:
10.7256/2409-868X.2015.5.15370

Abstract: Administrative law has been and continues to be one of the most important public-law sectors of the Russian legal system, governing a vast range of relations and containing a substantial part of the law. There is therefore a need to streamline the existing instruments and provisions that contain legal and administrative regulations. On the background of the analogy between the formation of the rule of law in the XVII century. and the development of legislation in the present, including -administrativnogo, seems quite topical treatment to the first attempts to systematize legislation and division lines and branches of the law, the formation of administrative law, such rules of ordering. In this context, a retrospective analysis of the political and legal experience allows us to trace the Russian state: the development of the internal practices of governance, formation of management bodies, development of administrative and legal thought in Russia, political and historical specifics of Russia, which ultimately affected the appearance of the existing at present time administrative law - a unique industry domestic legal system, containing a list of the most regulated relations and extensive conglomeration of normative legal acts.In the historical and legal literature very little work on the subject of a comprehensive study of administrative law in the ancient monuments law. Everything that has been said about the absolute relevance of the theme of this article.In connection with the above, the author draws attention to the Cathedral Ulozhenie 1649g., In which the first attempt to systematize the law and are decorated in the modern sense, legal and administrative regulations, scattered on the individual chapters.To achieve the objectives the author used structuralchastnonauchnogo functional and formal-legal special methods of investigation.Scientific novelty of the article is characterized by reference to the issues of understanding of the place and role of administrative law in the Cathedral Ulozhenie 1649g., A place dedicated to the issues of state structure in this code of laws, the issues of formation and development of administrative law and basic legal categories and concepts that exist in contemporary legal science . The author concludes that the Council Code and the structure and its contents had an impact on the further development of the legal and public relations. The work is written on the basis of archival material, so it can be used in the development of research in the study of those courses.
Akishin M.O. - State reforms and legal language of the Russian Empire of the XVIII century pp. 51-72

DOI:
10.7256/2409-868X.2016.4.20072

Abstract: This article examines the impact of state-legal reformations upon the development of the legal language of the Russian Empire of the XVIII century. The author performs an analysis of the Romano-Germanic doctrines of the Renaissance era with regards to the development of the state and law of Russia through the prism of the language borrowings. The article reviews the state-legal policy in the area of language relations, changes in the language of legislation, establishment of the conceptual apparatus of law, language of the official clerical correspondence and judicial procedures, as well as the influence of legal science upon the development of the theory of legal language in the Russian Empire. It is determined that the establishment of the enlightened absolutism and the state of the early New Times had impact upon the development of Russian language. The law in the modern essence becomes the essential source of law. Certain requirements to the language are being formulated in the lawmaking process. The author highlights the establishment of terminology and terminological system of legal language; the legal notions attain the legal definitions. The formation of legal science led to the development of the theory of legal language; the dictionaries of the XVIII century were comprised by the renowned Russian scholars and public figures. It is noted that Russia has formed the tradition of the doctrinal definitions of legal concepts, which were endowed with substantial authority.
Akishin M.O. - State and legal languages of the Russian Empire of the XIX century pp. 56-73

DOI:
10.7256/2409-868X.2016.5.20707

Abstract: The relevance of this topic is substantiated by the following aspects: firstly, by the polemic on “Russification” policy of the XIX – beginning of the XX centuries, which negatively affects the international relations of the adjoining states alongside interpersonal communication of their citizens; and secondly, by the need to continue the examination of the changes that take place within the legal language of the Russian Empire of the XIX century. The subject of this research is the legislative regulation of the status of legal language and its development in the Russian Empire of the XIX – beginning of the XX centuries. The goal of the article consists in the study of the history of law policy in the area of language relations of the Russian Empire, as well as the impact of legal writing upon the language of law. The author determines that the law policy of the Russian Empire in the field of language relations was aimed at strengthening of state positions of the Russian language, which corresponded to the teachings of the Romanticism era about the meaning of language in consolidation of the nation. At the same time, the native languages of indigenous people were also respected in Russia. Legal language as the core of state language in the Russian Empire of the XIX century, represented an entire law institution with the scientifically developed language base. The requirements for the language comprised one of the sections of juridical knowledge – legal writing. The judicial reform of 1864, which strengthened the principles of adversary, publicity and oratory of court proceedings, led to the establishment of judicial public speaking.
Kodan S.V. - Sources of Personal Origin: Definition, Place and Role in Studying the History of State and Legal Phenomena pp. 60-93

DOI:
10.7256/2306-420X.2014.3.11431

Abstract: The main theme of the present research article is the place and role of sources of personal origin in historical studies and legal studies. This is one of the least investigated questions in historical and legal studies. Reflection of one's personality and epoch, events and relations between participants of these events complete historical studies of state and legal phenomena which other carriers of historical information can't do. The author of the present research article focuses on current researches of source studies in different spheres of social studies and appeals to the theory and practice of using sources of personal origin in studying the legal development of the society. Research methodology is based on the analysis of traditional approaches to using personal perception in creating the image of the past. The scientific importance and novelty of the article is that the author discusses the role and place of personal experience as the historical sources in studying state and legal phenomena. The author of the article also analyzes special features of this carrier of historical information from the point of view of using this method in research work conducted by a historian and a lawer. 
Shatilov S.P. - Unlawful forms of realization of the law enforcement activity during the Great Patriotic War pp. 61-68

DOI:
10.7256/2409-868X.2016.6.17549

Abstract: The subject of this research is the unlawful forms of realization of the law enforcement activity by the Soviet law enforcement agencies during the Great Patriotic War. The author analyzes the organizational forms of the law enforcement activity, such as study, generalization, and distribution of the positive experience of ensuring the legal order, selection and training of the law enforcement officials, etc.; as well as material-technical, such planning, analysis, preparation of the reports, execution of documents, clerical correspondence, registration of facts of the legal violations, and others. The scientific novelty consists in the fact that the author is first in the Russian jurisprudence who attempted comprehensive analysis of the normative consolidation and mechanism of realization of the unlawful forms by the Soviet law enforcement agencies during the Great Patriotic War. The conclusion is made that the unlawful forms can be subdivided into organizational and material-technical. The unlawful forms of realization in both, peace and war time, preceded the legal, encouraged the collection, processing, and analysis of the information; and as a result, the efficiency of their realization directly affected the efficiency of realization of the law enforcement activity during the Great Patriotic War.
Shayakhmetova T.E. - Medical police in the Russian Empire of the XIX Ц beginning of XX centuries pp. 63-78

DOI:
10.7256/2409-868X.2015.5.15908

Abstract: The material welfare of the people depends on the implementation of government measures aimed at protecting the health of the population. The preservation of life and health it is necessary for the purpose of man, and to the safety and welfare of the state. These measures are the subject of the medical activities of the police. Under medical police should understand the system provided for by the legislation of the measures undertaken by the government and aimed at ensuring healthy living conditions, prevention of illnesses by removing the causes that contribute to their occurrence, and termination of diseases encountered.Methodological basis of research is the dialectical-materialist method of cognition of socio-legal phenomena, and the legal history, systemic-structural, comparative legal, logical-theoretical and specific scientific methods of study regulatory documents in conjunction with a systematic approach and analysis. The main conclusion of the conducted research was the provision that the police took an active part in activities aimed at protecting the health of the population of the Russian Empire in the XIX – early XX centuries, which was one of the ways to ensure the safety and welfare of the state. Measures of medical police were concentrated in the Arch of institutions and statutes on medical civil part, which was included in T. XIII of the code of laws of the Russian Empire of 1832, published in the edition of 1857 as Charter medical has become the fundamental legal act regulating medical-sanitary activities in Russia until 1917.
Biyushkina N.I. - Customs policy of the Russian Empire of the XIX century in the context of regulation of foreign economic activity pp. 63-71

DOI:
10.7256/2409-868X.2017.3.22017

Abstract: The object of this research is the customs policy of the Russian State in historical legal context. The subject of this research is the acts of domestic legislation and international treaties of the Russian Empire over the reviewed period aimed at regulation of the customs and foreign economic activity, as well as the unpublished scientific works on this topic. Special attention is given to examination of positions and views of the public and government figures, who directly participated in discussion and corresponding decision-making. The author carefully explores the legal regulation within the framework of customs policy on the level of the acts of national legislation alongside the international law. The article conducts a historical legal analysis of the questions of customs regulation as the basic component of foreign economic activity. Based on the research of various sources, the work gives characteristics to the general format of customs policy of this period and its specificity. The scientific novelty lies in the complex analysis of legal regulation of the customs policy in the context of general regulation of the foreign economic activity: on one hand, characteristics of the regulation of the aforementioned questions on the level of national legislation; and on the other – international-legal regulation of separate aspects, as well as main features, content, and specificity.
Raschetov V.A. - Conception, establishment, and development of the Russian investigative authorities: periodization of the historical process pp. 68-82

DOI:
10.7256/2409-868X.2017.4.18553

Abstract: The subject of this research is the genesis of the Russian investigative agencies, periodization of their development alongside dynamic of evolution. The conducted research of evolution of the investigative authorities, since their initial form as judicial agents until their modern state through the examination of the normative legal acts of corresponding periods in the Russian history, can conduce the adjustment of views of the legal scholars and practical workers upon the concept of single investigative apparatus, as the service of prosecutorial or judicial jurisdiction. The author concludes that the Russian pretrial investigation has deep traditions, which take its roots in Ancient Rus’, Muscovite Tsardom, Russian Empire, and Soviet Russia. Concern of the state regarding the increase in efficiency of the pretrial investigation and court procedure is caused by the urgency of the situation within social environment, which results in autocratic activity on its stabilization, including through formation of the new subjects, authorized to execute the criminal indictment. The scientific novelty lies in the applied during the course of historical-legal research foundation, which encouraged the determination of general periodization of the development of investigative agencies consisting of two stages and eight periods that reflect the most significant milestones in their historical path.
Lyadashcheva-Il'icheva M.N. - Forms of systematization of civil legislation in Russian during the period of 1649-1825: historical-legal aspect pp. 72-85

DOI:
10.7256/2409-868X.2017.3.18289

Abstract: The subject of this research is the formation and development of the formal utterance of civil legal policy in Russia over the period of 1649-1825, which manifested and undergone changes during the prolonged process of legislative regulation of social relations alongside the attempts of systematization of legislation in accordance with the sectoral principle. Legislative acts that regulated the order of changes in formal aspect of the civil legislation were used as the main sources of the research. The goal of the work consists in the comprehensive historical-legal examination of regularities of the establishment and development of legislator’s perception regarding the forms of civil legislation systematization. The author’s principal conclusions concern the civil legal policy in Russia during the period of 1649-1925, which has been establishing and progressing within the process of legislative regulation of the arising social relation through adoption of the new legislative acts that claim to fill the gaps and eliminate contradictions in the acting code of laws, and creation of projects of codes of acting laws and new  regulation. Thus, in the course of systematization of the Russian civil legislation, the officials along with the legal experts have formed the perception about the compilation of laws, codes of civil laws and new civil regulation. Russian legislator attempted to ensure the equal and fair trial across the entire nation, therefore, traditionally attracted the government authorities towards the resolution of the problem of systematization of legislation, who applied the acting laws and realized justice.
Melyukhanova E.E. - The development of the criminal justice system during the Soviet period pp. 73-88

DOI:
10.7256/2409-868X.2016.4.17203

Abstract: This article examines the historical aspect of the evolutionary development of the criminal justice system during the Soviet period, which was characterized by the rejection of the established idea about the criminal justice system. During the first years of Soviet authorities, the government attempted to create something new instead of the rejected bourgeois. The thorough development of the criminal justice system took place during the first codification of the Soviet criminal law based on the Guiding Principles of Criminal Law of 1919; however, the list of punishments was rather approximate, which testified about the lack of the principle of certainty in legislative codification of the penal system. Only in the RSFSR Criminal Code of 1922 the penal system contained an exhaustive list of separate types of punishments. The further development of the criminal justice system was based on the scientific research of the legal experts. The author underlines the establishment of the single terminology within the framework of the doctrine on punishment. The term “penal system” has strongly established in the legal research substituting the previously term “ladder of punishments”. The conducted analysis demonstrates the dialectical unity of the two contrary processes: the criminal justice system, preserving essential properties, was in the constant development through the changes in the inner content. The attempts were made to distinguish the punishment from other measures of state compulsion by means of determination of the essential signs of criminal justice.
Trofimov E.V. - Political-legal aspects of establishment of the Soviet one-party state (1917-1922) pp. 74-98

DOI:
10.7256/2409-868X.2016.5.20002

Abstract: The object of this research is the relations of the Russian Social Democratic Labor Party and the Russian Communist Party with other political parties after the[WU1]  February Revolution of 1917, which ended with a complete monopolization of authority by the Bolsheviks and elimination of other parties. The political processes are examined simultaneously with the legal limitation of multiparty system and political pluralism. The author reviews the following important milestones: establishment of the Soviet one-party state, October Revolution, All-Russian Congress of Soviets of Workers 'and Soldiers' Deputies, formation of the All-Russian Central Executive Committee and Council of People's Commissars, negotiations in the All-Russian Executive Committee of the Union of Railwaymen, and political defeat of the “Right Bolsheviks”, All-Russian Congress of Soviets of Peasants' Deputies, etc. The causes and circumstances of elimination of political pluralism during the first five years of Soviet government are analyzed using the official documents, materials of the activity of representative institutions, as well a works of V. I. Lenin. The author explores the changes in the Soviet legislation concerning the freedom of activity of the political parties, as well as the process of elimination of political parties and their integration with the Russian Communist Party of Bolsheviks. In the context of Bolsheviks’ struggle for power against other parties, the article gives a political-legal evaluation to the activity of a number of representative institutions, and mutual positions of Bolsheviks and other political parties during the civil war. The role of coincidences and objective processes in strengthening of Bolsheviks’ dictatorship is demonstrated.   [WU1]
Parsukov V.A. - Role of the Separate body of border patrol of the Russian Empire in counteraction against terrorism and contraband pp. 79-90

DOI:
10.7256/2409-868X.2015.5.15931

Abstract: This article examines the experience of the Separate body of the border patrol in counteraction against terrorism and contraband during the period of XIX-XX centuries. Special attention is given the analysis of the legal acts regulating the activity of border patrols throughout the various parts of the Russian border. Based on the conducted analysis of the normative legal acts, the author concludes that the Separate body of border patrol plays a significant role in increasing the efficiency in the fight against terrorism and contraband in the Russian Empire. Scientific novelty of this work consists in the examination of the questions related to the legal regulation of organization of the service of border patrol, in the interest of protection the population from terrorism and political contraband. The author is the first to conduct such analysis within the Russian historical legal science. The legal aspects of protection of national borders of the Russian Empire are being researched.
Shayakhmetova T.E. - Legal regulation of execution of punishment in form of deprivation of freedom in the Russian Empire in XIX century pp. 83-90

DOI:
10.7256/2409-868X.2017.4.18370

Abstract:  Deprivation of freedom, as the preventative punishment and criminal sanction, has a lengthy history in the Russian legislation. Execution of punishment in form of the deprivation of freedom has not been determined as an independent branch, and manifested as the institution of police law. The subject of this research is the direction of legal regulation of police activity in the Russian empire of XIX century, associated with the implementation of provisions on the preliminary detention and realization of the correctional and criminal punishments. The main conclusion of the conducted research consists in the position that systematization of the police legislation that regulated restriction of freedom as the measure of suppression and deprivation of freedom as punishment, has been realized in the process of activity of the II department of His Imperial Majesty clerical office on systematization of the Russian legislation. It resulting in establishment of the first legislative act regarding the deprivation of freedom – “Digest of decrees about those detained in custody and exiled”, which became a part pf the XIV volume of the Code of Laws of the Russian Empire, as well as completed the institutionalization of police law in this sphere.  
Lyadashcheva-Il'icheva M.N. - Creation of the Civil Law System in Russia Over the 1649 - 1675 Period pp. 84-94

DOI:
10.7256/2409-868X.2015.4.16090

Abstract: The subject of the research is the process and dynamics of creation of the civil law system in Russia over 1649 - 1675. The Sobornoye Ulozheniye of 1649 and following legal acts regulating civil law relations till 1675 have been selected by the researcher as the main sources to be studied in this historical legal research. The purpose of the research is to carry out a comprehensive historical legal research of the patterns according to which the civil law system had been creating in Russia over 1649 - 1675 as the part of the process of systematization of the effective legislation in general and civil law in particular. The methodological grounds for the research involve the dialectical, logical, systems, historical, comparative and technical (legalistic) research methods. The novelty of the research is caused by the fact that pre-revolutionary, Soviet and contemporary academic literature on legislative history have never before focused on the changes in statutory and substantive aspects of the Russian civil law during 1649 - 1675. Isolated legislative enactments contained legal rules and regulations contributed to the legal institutions of Ius in re (real right), inheritance rights and contractual rights that had been previously fixed in the Sobornoye Ulozheniye of 1649. 
Krasnozhon O.V. - The journal УVestnik PoliciiФ Ц determinant of professional legal consciousness of police personnel of the Russian Empire in early XX century pp. 86-104

DOI:
10.7256/2409-868X.2017.3.21980

Abstract: The subject of this research is the journal “Vestnik Policii”, which was being published in Saint Petersburg between the years of 1907-1917 under the authority of the Ministry of Internal Affairs of the Russian Empire. “Vestnik Policii” represented monthly illustrated and multispectral periodicals, the materials of which give characteristics to the main directions of the work of Russian police in the early XX century, define the features of professional legal consciousness of police officers of this period, as well as reveal the role of journal in upbringing and professional training of police personnel of the Russian Empire. The goal of this work lies in analysis of the causes of emergence of the journal, its structure and materials for determining the role of the journal in formation of ideological and psychological components of the professional legal consciousness of police officers of the Russian Empire, as well as public opinion about the work of police. The scientific novelty is defined by the fact that the journal “Vestnik Policii” for the first time is being viewed as a determinant of professional legal consciousness of police personnel of the Russian Empire. Until present time, in the Russian historical or historical legal science there was no record of carrying out a comprehensive analysis of the key stages of development and activity of the journal. The conclusion is made that the journal was the important means of professional training of the police officers alongside the formation of public opinion that pertains to the police work in the Russian Empire. It also contributed in to the growth of state political, general cultural and professional development of the Russian Empire police officers, as well as establishment of ideological and psychological components of their professional legal consciousness.
Nikulin V.V. - Specifics of State Policy During the Period of Civil War in Soviet Russia (1918 - 1920) pp. 88-133

DOI:
10.7256/2306-420X.2013.4.324

Abstract: The article is devoted to the specific features of state policy implemented by Bolsheviks during the Civil War. The author defines the followin specific features of the policy: political intimidation in the form of terror, collective punishments, legal extremism. Are analyzed practice of their application, conditions of emergence and long-term consequences for formation of the Soviet it is state - legal policy as complete concept.Influence of civil war on formation of "the military and Soviet legal culture" which found reflection in made legal decisions and methods, as a whole in legal policy is traced. The thesis that the role is right in the conditions of the solution of the main task - "protection of revolution" locates, became minor and in the organizational plan completely included in the party and state system. The author comes to a conclusion that the main feature is state – legal policy there was an intimidation in the form of terror. Terror became defining method of preservation of the power when the law is replaced with fear and violence, the main components of policy of intimidation.Work is written generally on regulations and archival documents a material therefore it can be used when developing scientific subjects, when writing articles and monographs, and also in the course of studying of training courses "History of state and law of Russia", "History of political and legal doctrines" and other training courses
Odegov A.E. - Influence of the revolutionary terrorism of the late XIX century upon the transformation of the judiciary of the Russian Empire pp. 91-102

DOI:
10.7256/2409-868X.2015.5.15932

Abstract: The object of this research is the complex topic, in which two key aspects can be highlighted. The first aspect is the phenomenon of the revolutionary terrorism in the Russian Empire of the late XIX century, precisely specific terrorist acts aimed against the emperor, imperial government, and government officials. The second aspect consists in changes in the judiciary of the Russian state and associated with them transformations of the administrative, criminal and penal legislation of the Russian Empire during the aforementioned period. The interconditionality between the state phenomena compile the subject of this research, while the goal of this work is the determination of these connections and regularities. The scientific novelty lies in the fact, that currently the question on the direct effect of the revolutionary terror as a whole, including the separate terroristic acts upon the precise changes in the judiciary of the Russian Empire is still understudied. In the conclusion, the author reveals the direct cause-effect connections between the terrorist acts of the revolutionaries and the changes in the judicial system of the Russian Empire, which were not spontaneous, but rather systemic and gradual, at the same time carrying an evident reactional character.
Abdulin R.S. - Discussion about Organizational Models of Russian Judicial Management pp. 93-110

DOI:
10.7256/2306-420X.2014.5.13373

Abstract: In article formation of domestic model of judicial management is investigated happens. The author considers institutional registration of this branch of public administration since Petrovsky judicial reform of 1717 - 1723 on which further development of institute of judicial management was based subsequently. Organizational models of judicial management were formed under the influence of ideas and are more whole than the state at various historical stages of development of the state. According to them functions, structure, competence of subjects of judicial management, a form and methods of organizational activity were formed. The author of article comes to a conclusion that in the development the administrative thought in judicial system underwent essential changes that allows to allocate certain stages of such management and models inherent in them. The author of article in research used the following general scientific methodological approaches: historical and situational, historical and retrospective approach, problem and chronological and others which allowed to open sense of the phenomena and value of the past from a certain historical distance. The complete reconstruction of historical process of formation and development of judicial management and achievement of understanding of the present was given help the principle of distinction between the past and the present and the principle of understanding of history as process. The author of article made an attempt on the basis of an integrated approach to comprehend process of formation of models of judicial management and system of its bodies and establishments to which the state delegated powers of authority. Thus special attention is paid on the historical and legal nature of organizational registration of models of judicial management. Historical development of models of domestic judicial management demonstrates that our country moved at the same time in all directions, including from an autocracy to democracy and from democracy to an autocracy. Elements of both of these modes really existed and in ideological and theoretical, regulatory base, in practice of functioning of models of judicial management.
Voropanov V.A. - On the work of the members of municipal estates in the sphere of justice at the end of XVIII Ц beginning of XIX centuries (from the materials of the Povolzhye, Ural, and Western Siberia governorates) pp. 95-119

DOI:
10.7256/2409-868X.2015.4.15629

Abstract: The object of this research is the judicial system of the Russian Empire; the subject is the realization of the institution of the judiciary body of the municipal estates of the 1775-1867. The article presents the analysis of the practice of replacement of the post of a “judge” in the courts of the governorates and districts – in 1775-1797 within the governorates and municipal magistrates and town halls, and in 1802-1867 in the chambers of criminal and civil courts, municipal magistrates and town halls, as well as the attitude of the city residents towards the branches of “official” justice, and efficiency of the judicial-legal policy of the Russian executive authority. The scientific novelty of this research consists in the introduction of the previously unused materials of the procedural documentation of local state branches of the end of XVIII – beginning of the XIX centuries, which shed light on the peculiarities of not only the realization of electoral legislation, but also the work of the courts, created during the reform of the local government of 1775-1785 and their role in the regulation of public relations on the territories of Oblasts with mixed urban population. The conclusions made by the author allow us to assess the methods, means, and results of the efforts of the executive authority in strengthening the balance of public relations – both, inter-class and inter-ethnic.
Shchedrina Yu.V. - The judgesТ affiliation with political parties and question of ensuring judicial independence in Russia: historical-legal aspect pp. 99-111

DOI:
10.7256/2409-868X.2016.5.20718

Abstract: The subject of this research is the normative regulation of judges’ affiliation with political parties due to ensuring the judicial independence. Throughout the three period of development of the Russian state (pre-revolutionary, Soviet, and post-Soviet), the article examines the relation of government to membership of the judges in political parties, as well as provides statistical data on this matter. The author attempted to conduct a comprehensive research, which allows tracing the position of a legislator regarding the party status of the judges across the entire period of development of the Soviet state. The conclusion is made that during these periods of development of the Soviet state, when the government strived to establish an actually independent court, it strictly prohibited the membership of judges in political parties. Violation of such prohibition resulted in preliminary cancellation of the judiciary powers or even resignation.
Belkovets L.P. - A fight of the Soviet Russia for an exit from the World War. pp. 103-192

DOI:
10.7256/2409-868X.2015.5.16988

Abstract: The article investigates the first steps of the Soviet government in the solution of one of the main problem for Russia - an exit from imperialistic First World War. Fight for a withdrawal from a war was the beginning of the fight for recognition of the Soviet state of the world community.
Voropanov V.A. - On the Activity of Judicial Representatives of Rural Groups in Uyezds of the Russian North at the End of the XVIIIth Century pp. 104-120

DOI:
10.7256/2409-868X.2015.2.13938

Abstract: The object of the present research is the judicial system of the Russian Empire at the end of the XVIIIth century, the subejct of the research is the peculiarities of the implementation of the institution of judicial representatives that was established in 1775 in the territory of the Russian North (the case studies of Vologda and Arkhangelsk Governorates). In his article Voropanov analyzes the practice of substituting for the position of the 'judge' in governorate and uyezd courts (upper and lower institutions of justice as well as uyezd police administration, i.e. lower zemstvo courts), experience of law-enforcing activities of people elected by peasant communities as well as the attitude of the population towards reformed bodies of 'official justice' and, as a consequence, effectiveness of the judicial and legal reformations undertaken by Yekaterina the Second. In order to solve the set goals, Voropanov has used both general and specific research methods that are usually used in philosophy, law, history and social studies. The novelty of the research is caused by the fact that the author analyzes documents of management and record keeping of the local state authorities of the late XVIIIth century that have never been studied before but provide a great insight into both implementation of electoral legislation and court activities created as a result of local government reforms in 1775 - 1785. The author also examines the role of these documents in the regulation of public relations in the territory of the Russian North and effectiveness of judicial and legal tranformations performed by Yekaterina the Second. The conclusions made by the author do not only disprove the opinion that the judicial reform of 1775 - 1785 was unefficient but also allow to assess methods, means and results of the government's efforts on strengthening the balance of public relations, both between different social classes and ethnic groups and both in the Russian North and Russian Empire in general. 
Fedorova I.A. - Initiation of a criminal case - history of emergence of the degree in criminal procedure pp. 105-112

DOI:
10.7256/2409-868X.2017.3.18202

Abstract: The subject of this research is genesis of the sources of the Russian criminal procedural law that regulate the degree of criminal case initiation and its development since the imperial times until present day. The article examines the sources of written law of the Russian Empire, Union of Soviet Socialist Republics, and their impact upon the formation of criminal procedure in modern Russia. The author also analyzes the influence of social changes upon the criminal procedural law as a whole, and the institute of initiation of a criminal case in particular. The main conclusions of this work consist in the following positions: firstly, the degree of criminal case initiation has consolidated within the Russian criminal procedure as an independent full-fledged stage that has its own tasks, grounds, specific circle of participants, procedural implementation, and final decisions; secondly, the examined institution of criminal procedural law requires thorough research, as well as formulation of proposals on improving the legislation and law enforcement.
Nikulin V.V. - Legal and social aspects of matrimonial relationship in Soviet Russia (1917-1920Тs) pp. 108-122

DOI:
10.7256/2409-868X.2016.6.19612

Abstract: This article analyzes the process of changing the legislation in matrimonial field, as well as the practice of state regulation of matrimonial relationship in post-revolutionary period from the proclaimed at the beginning revolution of “freedom of love” to the tightening of the policy in the second half of the 1920’s. The author traces the process of synchronization of changes in ideology of the matrimonial relationship and the corresponding legislation. The article examines the legal and social regulators of the behavioral model of population in matrimonial relationship, formulation of the corresponding legislation, as well as separate aspects of the behavioral norms of certain social groups, particularly introduction of the behavioral norms in matrimonial relationship in form of the so-called “party ethics” for the ruling party. The author claims the the transition towards the more strict behavioral model of matrimonial relationship in the second half of the 1920’s was caused by the clear negative consequences of the free model of behavior in the initial period of revolution. It is proven that in the 1920’s, the practice of development and implementation of the norms of matrimonial relationship based on the revolutionary-innovation ideas did not stand the test of the practice of social life. The traditional family confirmed its importance as the core social institution. The revolutionary experience only led to devaluation of the behavioral norms and loss of multiple norms that control the human behavior.
Kodan S.V. - УNotes from a Dead HouseФ by F.M. Dostoyevskij as a Documentary-Artistic Source of Learning the History of State and Law pp. 120-140

DOI:
10.7256/2306-420X.2014.4.11968

Abstract: The subject of the research is a source study of history of the Russian state and law. The study of history is based on positive and legal sources: legislation, law enforcement practice, documentary materials.  Law historians underestimate the role of sources of personal nature, such as memoirs, diaries, epistolary heritage. Among these sources of historic and juridical information a special place is take by documentary-artistic works that reflect personal impressions of a writer who is a direct participant or an observer of the events described. Regarding this, “The Notes from a Dead House” by F.M. Dostoyevskij is a unique historic evidence which can be viewed as a historical source and a medium of information about the past for a law historian. The subject of the research is to define the basic characteristics of a certain literary work under research as a historic and juridical source for finding out the qualitative characteristics and peculiarities of this information source and also to use the scheme and method of research of a certain literary work for creating a matrix of research work with such kind of sources. The methodology of the research is based on using the methods and techniques of different sciences and consists of relying on their approaches. The methodology of historical source study lets us rely on modern approaches to study the historic information sources of personal nature (within the article limits) (informative, communicative and biographical) in the context of the author’s live and peculiarities of a certain literary work. The scientific novelty of the article consists in the analysis of a certain literary work and to study it as a historic and juridical source of knowledge of the State and law in retrospective projection, attracting the law historians’ attention to the information sources that are out of normative and official documentary acts. Using documentary artistic works for studying politics and law, studying the real functioning of governmental and law institutions reflected in these works, aspiration to understand the difficulty and depth of the processes in the epoch under research and the influence they had on the writer’s personality let widen the limits of History of the State and Law, involve this juridical science in the discussion on the topic of “Literature and Law”.  Methodological approaches and methods of work with documentary artistic works as with historic information media are shown on the example of the certain work of literature. 
Shayakhmetova T.E. - Police legislation as an instrument of security of the Russian state (the XIX Ц beginning of XX centuries) pp. 120-139

DOI:
10.7256/2409-868X.2015.4.15412

Abstract: The determining factor in the success of the state in the sphere of security is its due legal support. Historical experience shows that the creation of legislative base in the sphere of internal security and policing, it is necessary not only to consider the current state of legal framework governing the functioning of law enforcement, but also to fully use the existing experience of formation and development of the police legislation in the pre-revolutionary period of Russia's development. The research subject is a police law: its formation, registration and development in the Russian Empire in the second quarter of the XIX – early XX centuries.Methodological basis of research is the dialectical-materialist method of cognition of socio-legal phenomena, and the legal history, systemic-structural, comparative legal, logical-theoretical and specific scientific methods of study regulatory documents in conjunction with a systematic approach and analysis. The main conclusion of the conducted research was the provision that the formation and development of the police legislation of the Russian state took place as the process of obtaining the basic institutions of the police legislation. Internal policy of the Russian state is reflected in this branch of law as a tool to ensure security in broad terms – from public to personal.
Abdulin R.S. - The main directions of the party-state policy of the USSR in the field of judicial administration (1970-1980) pp. 121-139

DOI:
10.7256/2409-868X.2015.2.14134

Abstract: The subject of the study are the main directions of the party-state policy of the USSR in the field of judicial administration in the period from 1970 to 1980. This period is characterized by Counterreform state legal reforms conducted from mid 1950 to mid-1960. Overall, despite the controversial transformation in the life of Soviet society associated with this historical period, there were significant and represented one of the most important periods in the history of the Soviet Union in terms of modernization. The author shows that subsequent changes in the party and the government led to a partial return of the administrative-command model of judicial control characteristic of the Stalin era.
Kodan S.V., Vladimirova G.E. - Political Ideological and Procedural and Institutional Grounds for Creating the Fundamental Laws of the Russian Empire (the XVIIIth - the first quarter of the XIXth century) pp. 134-171

DOI:
10.7256/2306-420X.2013.4.745

Abstract: The question of establishment of "radical laws" as the legalizations which defining bases of a political system in Russia and have received the late name "basic laws", was connected with ideology and practice of the state construction and had important political and ideological value in strengthening of the legal bases of the organization of the government in Russia and its legitimation in society. In the conditions of autocracy strengthening in reign of Peter the I in the first quarter of the XVIII century of a basis of a political system there are actually "radical" laws establishing common features of the form of government and the territorial organization of the government, and the current legalizations defining an order of activity of the head of state in the main spheres of realization of the Supreme government. . In the conditions of palace revolutions, lack of accurate legislative mechanisms of ascent on the Russian throne and strengthenings of political influence of favourites of empresses on a course of public affairs the problem of protection of the noble aristocracy from an arbitrariness of the head of state and his immediate environment that raised a question of accurate definition of a legal framework of activity of the monarch became aggravated and found reflection in a number of projects of transformation of political and legal system of Russia (Catherine II, P. I. Shuvalov, N. I. Panin, A. A. Bezborodko). In definition of approaches to creation of radical laws of the Russian Empire the end of XVIII – the first quarter of the XIX century when during works on streamlining of the legislation of the Commission of drawing up laws the problem of allocation of fundamental legalizations was expressed in creation of "The draft of Radical laws of the Russian Empire" G. A. Rozenkampfa (1804) is most important and then in attempt of synthesis of some fundamental legalizations in the section "About Laws in General" within "The systematic set of existing laws of the Russian Empire" (1815) and editions "The bases of Russian law taken from existing laws of the Russian Empire" (1821).In article the specified questions are considered.
Galuzo V.N. - On the Legislatino and Guarantees of its Uniform Execution by Representatives of the 'Prosecution Position' During the Reign of Anna Ioannovna pp. 138-161

DOI:
10.7256/2306-420X.2014.6.13416

Abstract: Article in general is devoted to providing with representatives "the prosecutor's position" uniform performance of the legislation in board of "Monarchess Imperatritsy" of Anna Ioannovna. An object of research are the regularities connected with change of boards in the Russian Empire; definition of a place of board of "Monarchess Imperatritsy" of Anna Ioannovna in system of boards in the Russian Empire; ensuring uniform performance of the legislation; the list of offices and positions, in them consisting; a role of separate offices and positions, in them consisting in ensuring uniform performance of the legislation in the Russian Empire; a priority of a position of the prosecutor in ensuring uniform performance of the legislation; a ratio of a position of the prosecutor with other positions (the sneak's position, a position of a reketmeyster, etc.) . Method of research I became historical and legal, allowed to define system of legalizations of the Russian Empire on the basis of which conclusions were formulated. The author in the course of research drew the following conclusions: The "Supreme" power in board of "Monarchess Imperatritsy" of Anna Ioannovna appeared less effective in comparison with board of "Sovereign Imperator" of Pyotr Alekseevich ("Peter I"). In board of "Monarchess Imperatritsy" of Anna Ioannovna gained development one of negative forms of collective ("substitute") "Supreme" board — "favoritism". When reforming system of offices what carried out the activity secretly took advantage ("Office of Secret search affairs"). The position of the prosecutor was reanimated. And, it wasn't allowed identifications of this "position" with corresponding "office". The duty of ensuring uniform performance of the legislation was assigned to representatives of "the prosecutor's position".
Galuzo V.N. - On Legislation and Guarantees of Consistent Execution of Law in the 'Governorate of the Former Duke of Courland' and the 'Governorate of the Princess Anna of Brunswick-Lüneburg' pp. 138-148

DOI:
10.7256/2409-868X.2015.1.13787

Abstract: The article is generally devoted to the guarantees of consistent execution of law by the representatives of the 'prosecutor's position' in the Governorate of the former Duke of Courland and the Governorate of the Princess Anna of Brunswick-Lüneburg. The subject of the research is the regular patterns of changing the government in the Russian Empire, determination of the places of the  'Governorate of the Former Duke of Courland' and the 'Governorate of the Princess Anna of Brunswick-Lüneburg' in the system of government of the Russian Empire, guarantees of consistent execution of legislation in the Russian Empire, the priority of prosecutor's position in guaranteeing consistent execution of law, the list of public offices and official positions there, the role of particular public offices and officials in guaranteeing consistent execution of law in the Russian Empire, prosecutor's relations to other officials (fiscals, master of requests, etc.). The historical-legal and comparative-legal methods of research used have allowed the author to descibe the legalization system of the Russian Empire and make conclusions based on this analysis. Taking into account that the 'Governorate of the Former Duke of Courland' and the 'Governorate of the Princess Anna of Brunswick-Lüneburg' were the elements of the system of governmet of the Russian Empire, it is possible to make an assumption that monarchy is the best form of government for Russia, i.e. the form of government when the government is controlled by one single person having so called 'supreme' power. If the governor has got the charisma and perfect moral standards, he or she can actually make Russia a powerful state. 
Zherebchikov D.P. - Thefts in the Russian province in the late XIX Ц early XX century (on the example of Voronezh governorate) pp. 139-148

DOI:
10.7256/2409-868X.2016.6.20616

Abstract: The subject of this article is the most widespread type of crime against property in cities and counties of the Russian province of the stated period – theft. Based on the extensive circle of sources, the author reveals the following questions: legal assessment of thievery in the official criminal legislation of the Russian Empire; criminal statistics of thefts in Voronezh governorate; criminalistics characteristics of thefts conducted by the persons of lower urban classes. Special attention is given to thefts, which took place in the provincial cities. The main conclusion consists in the fact that the status of the agricultural Voronezh governorate along with the neighboring Black Earth governorates, on the “periphery” of Russian modernization, decrease the number of grand thefts. The incidence of thievery in urban society exceeded the incidence of thievery in rural society. During the period economic instability, which accompanies modernization in the Russian province, small thefts prevailed over the large thefts in the overall crimes. The lower urban classes, primarily peasants and male commoners, were the main actors of similar criminal acts.
Gotsulenko A.V., Fomin A.A. - To the question of the development of the institution liable for treason pp. 140-151

DOI:
10.7256/2409-868X.2015.2.14197

Abstract: The subjects of research are the legal rules governing liability for treason in Soviet legislation pre-war and war period. The authors consider the totality of social relations associated with the adoption, the further development and implementation of the enforcement provisions of the criminal legislation in the sphere of protection of security of the USSR. This article discusses the causes and conditions of formation of the Institute responsible for treason, criminal and legal description of the offences with treasonous activities, and are characterized by norms of emergency legislation wartime on the subject. Methodological basis of the study was the principles of historicism and objectivity, which helped the authors to conduct an in-depth study of the documentary sources and historical facts, to establish a causal connection between them. Scientific novelty of the research is determined not only by the comparative-legal analysis of the normative legal acts, regulating the Foundation of the prosecution for treason, but the fact that the authors identified a number of features of the legal Institute in its historical development, and outlined the main directions of law-making and enforcement in this area.
Serov D.O. - Criminal investigators of the Yekaterinburg Local Court: organization and personnel (1874-1917) pp. 140-191

DOI:
10.7256/2409-868X.2015.4.14817

Abstract: This article is dedicated to the characterization of the organization and personnel of the investigative branch of the Yekaterinburg Local Court throughout the period of its existence (1874-1917) in the context of development of investigative body of the Russian Empire of the reformation period. The article addresses the issues of evolution of the organizational structure of the investigative body of this period, differentiation of investigative posts, emergence and development of the system of investigative sectors, establishment of investigative sectors on the territory of Central Ural, as well as number and personal characteristics of the of the investigators of the Yekaterinburg Local Court during 1894-1916. The work presents the generalizing information on the social and ethnic origin, family ties, age, education, professional experience and social status of the investigators of the Yekaterinburg Local Court during 1894-1916. The author concluded that unlike during the Soviet era, there were no structured special divisions that united the investigators (investigative departments) in the branches of reformed Russia. There was also no position of a head of the investigators that was part of the court’s personnel. Similarly, there was no division of administration of the investigative branches (investigative division or department) throughout the period of 1864-1917 even in the central apparatus of the Ministry of Justice.
Kenya I.A. - Charity in Terms of Socio-Economic Development of Russia: Legal and Regional Aspects pp. 149-164

DOI:
10.7256/2306-420X.2013.3.789

Abstract: The article is devoted to the history of Russian charity in terms of its legal regulation by means of the following sources of law: decrees, charters, transitory provisions, circular orders. The author of the article describes stages of development of charity activity in Russian history before the Revolution as well as different forms of charity activity including private, social, local, church charity and donations of the Tsar family. The author also views the process of state regulation of charity activity performed by charity associations in the XIX - early XX centuries. The author analyzes the reasons of such a wide spread of charity in Russia at the end of the XIX - beginning of the XX centuries as well. Regional aspects are presented by famous charity providers of the Bryansk district in Orlovsky province such as S. Maltsev, P. Gubonin, the Mogiltsevs and the Tenishevs. The author also describes their contribution not only to the socio-cultural development of the Bryansk region but Russian charity in general. The author also discusses how to revive charity traditions in modern Russia. 
Gotsulenko A.V. - On the Legal Basis of Activity of the USSR State Security Bodies in the 1930s On Protection and Promotion of Socialist Property in the Country Side pp. 149-161

DOI:
10.7256/2409-868X.2015.1.13879

Abstract: This article is devoted to the activity of law enforcing authorities of the USSR before the war and their measures aimed at protection and promotion of socialist property. The author of the article analyzes the legal acts and rules of that period as well as archive materials (including the materials that have been first introduced by the author) in order to describe the main legal provisions forming the legal basis for the activity of NKVD of the USSR, Prosecution Office and the court. In this research the author raises questions whether particular methods of political repressions actually answered the realities of that period and whether the law enforcement activity grew more efficient in the 1930s. The methodological basis of the research involves the main principles of research, i.e. historicism and objectivity. The author tries to analyze as many historical and legal sources as possible and make particular conclusions based on that analysis as well as to stay away from his own ideological preferences and beliefs when analyzing the phenomena and processes under study. The scientific novelty of the research is caused by the fact that the author reveals a number of archive materials that have never been studied before and conducts a comparative legal analysis of legal acts and standards regulating one of the main directions of the activity of state security bodies, NKVD of the USSR, in the 1930s. 
Shayakhmetova T.E. - Clearance and development of the police legislation in the area of pp. 152-169

DOI:
10.7256/2409-868X.2015.2.14294

Abstract: The subject of the research is the design and development of the police legislation in the area of "well-being" in the Russian Empire in the XIX. Police legislation in the Russian state was documented in two directions: to provide "security" and providing "well-being". This conclusion can be drawn by examining the Russian legalization of XVII-XIX centuries. Legislation providing "security" included the rules governing the system of control of population movements, the activities of public associations, press censorship, the system and the organization of criminal investigation, prevention and suppression of crime, the enforcement of sentences. Standards that provide "welfare", regulate the supervision of a physician and construction business, protection of natural resources, public charity the elderly and the poor, education and others. The methodological basis of the study is the dialectical materialist method of knowledge of the social and legal phenomena, as well as historical and legal, system -lattice, comparative legal, logical and theoretical research methods and chastnonauchnogo regulations, combined with a systematic approach and analysis. The main conclusion of the study was the position that in the course of the systematization of the Russian legislation, to complete the creation of laws and Complete Collection of the Laws of the Russian Empire was formed system of legal acts regulating the issues of ensuring national food, public charity and medical-care activities that in turn, creates a legal basis for the consolidation of the rule of law activities of the state apparatus as a whole and the government.
Beznosova Ya.V. - Questions of Legal Proceedings in Yajnavalkya's Dharma-Shastra pp. 162-170

DOI:
10.7256/2306-420X.2014.6.13685

Abstract: As one of the most important categories of all traditional Indian culture the concept of a Dharma as the certain moral installation ordered to each individual depending on his belonging to this or that social group (Varna) and which to it should adhere during all life acts. To help the individual with following to the Dharma special treatises – the dkharmashastra containing religious, ethical and legal instructions were formed. From the point of view of a number of scientists, on extent of illumination of legal material, and also quality of his statement from all reached us Old Indian Dharma-Shastra of Yajnavalkya which drawing up is referred to the II century AD is allocated. The considerable volume of legal material of the specified Dharma-Shastra is devoted to questions of administration of justice. Application of a general scientific system method, the analysis, synthesis, comparison, and also private-law method of interpretation of the right allowed to draw a conclusion on existence of enough developed standards of procedural character in Ancient India during the studied period. So, the most thorough image the questions concerning evidentiary base were regulated. In particular, requirements to written documents, the status of witnesses registered, the principle of a spontaneity in research of proofs was established. Requirements to judges were fixed an order of submission of the statement of claim in court, possibility of revision of the judgment, etc. was provided.
Abdulin R.S. - Judicial Department under the Supreme Court of the Russian Federation: Continuity of the Soviet Experience in Organizational Support of Courts Activities and Novelty pp. 162-196

DOI:
10.7256/2409-868X.2015.1.13891

Abstract: The subject of the present research is the prerequisites for creation of the authorities of Judicial Department under the Supreme Court of the Russian Federation and organizational support of court's activities of general jurisdiction. The author of the article also pays attention to the continuity of the Soviet experience in organizational support of the judicial system that had been performed by executive authorites represented by the Ministry of Justice and its local authorities in the Soviet Union and in modern Russia till 1998. The author of the article also shows the novelty of the system caused by the fact that the system of authorities of the Judicial Department is not absolutely independent but perform its functions in close interaction and under the control of the bodies of the community of judges. Development of the Judicial Department under the Supreme Court of the Russian Federation is viewed as a complex many-sided process happening under the influence of socio-economic peculiarities and particular political situation of the 1990s. The author of the article has chosen the methodological approaches that, in his opinion, allow to reveal the matter under study in the best way. All these approaches are used in their combination without giving a priority to a particular approach. These methods include dialectical and dialectical-materialistic approach, systems-structural approach, historical-situational approach and others. The scientific novelty of the article is caused by the problem statement and the fact that the goals and objectives set by the author in this research have not been solved by the Russian legal science yet. In addition to studying historical and legal aspects of the problem, the author also pays much attention to the theoretical concepts and framework relted to organizational support of the court's activities. The author also tries to examine the process of the development of agencies and bodies of the Judicial Department by applying the integrated methodological approah and classify the main directions of their activities. The author focuses on the historical and legal nature of the development of Judicial Department under the Supreme Court of the Russian Federation and arbitration courts as well as the way of their establishment, their structure, functions, competences and activity arrangement. 
Motrevich V.P. - Camps of the Main Administration for Affairs of Prisoners of War and Internees of NKVD (MVS) of the USSR in Chelyabinsk Oblast during the period of 1942-1950 (numbers and dislocation) pp. 162-169

DOI:
10.7256/2409-868X.2016.6.21086

Abstract: The object of this research is the Camps of the Main Administration for Affairs of Prisoners of War and Internees of NKVD (MVS) of the USSR located in Chelyabinsk Oblast over the period of 1942-1950, theor numbers, dislocation, and time they were active. The author bases himself upon the results of the conducted in the 1990’s search by Association “War Memorials” of the Ministry of Defense of the Russian Federation for the purpose of detection of the location of camps for foreign war prisoner, separate labor battalions and specialized hospitals, as well as recently published in Russia and abroad documental materials. The article reveals the dislocation of all of the facilities for housing and treating of the foreign war prisoners and German internees during the World War II and first postwar years, as well as determines the stages of existence of the camp system of the Main Administration of NKVD of the USSR regarding the war prisoners and internees in Chelyabinsk Oblast.
Zipunnikova N.N. - "...We've Turned out Universities to the Advantage of Science and Public Education': On the 180th Anniversary of the General Statute on the Russian Imperial Universities of 1835 pp. 170-204

DOI:
10.7256/2409-868X.2015.2.14305

Abstract: The article focuses on major legalization, regulate the activities of Russian Imperial University in the second third of the XIX century. University charter in 1835 for a long time had a very negative evaluation, as well as the entire period of the reign of Nicholas I. The prospects of substantial rethinking of the value of the law in 1835, undertaken in recent years. Characterized prerequisites for university reform, the political and ideological context of the birth of the statute, it noted the influence of the ideology of "true enlightenment" and the triune formula Count SS Uvarov, and systematization of the Russian legislation. Special attention is drawn to the developers of the university law. Analyzed separate legal structure of the Charter, based on a comparison with the university legislation early XIX century concludes that significant development of legal technique. Discusses the importance of the educational standard in 1835 for legal education and science of jurisprudence. Systematization of the Russian legislation under the guidance MMSperanskii, dissemination of ideas of the historical school of law and a new standard of training of lawyers in the imperial universities described in conjunction. Moral-political department of the universities were transformed into law schools, increased public interest in scientific jurisprudence.
Shchedrina Yu.V. - Issues of Legal Support of Irremovability of Judges in Activity Performed by the Highest Established Commission for Reviewing Court System Regulations pp. 171-186

DOI:
10.7256/2306-420X.2014.6.13697

Abstract: As object of research the standards of the project of new edition of the Establishment of judicial establishments developed within functioning of Most highly founded commission for revision of statutes by judicial part (N. V. Muravyyov's Commissions) regulating the principle of an irremovability of judges act. In article specifics of legal regulation and practice of realization of the principle of an irremovability of judges at the beginning of the 1890th are considered, the course of discussions within work of the Commission on a question of standard fixing of the principle of an irremovability is lit, short stories of the project regarding legal regulation of the specified principle are analyzed. During research by the author the following methods of research were applied: chronological, historical and typological, comparative and legal, comparative-historical and others. In article the conclusion which settled in science that activity most high was directed to the founded commission for revision of statutes by judicial part on elimination of the principle of an irremovability is challenged; it is proved that updating of provisions of Judicial charters for elimination from the legislation of the mechanism of a nemenyaemost absolute, negatively affecting structure of the judicial case became a task of the Commission. The conclusion is drawn that the objective was solved only partially by reorganization of system of the bodies considering questions of the early termination of powers of judges without their soglasiyaa, and insignificant expansion of the bases for the early termination of powers.
Biyushkina N.I., Oleksenko A.S. - Organizational legal influence of Soviet state upon the Russian Orthodox Church (October of 1917-1929) pp. 192-201

DOI:
10.7256/2409-868X.2015.4.15824

Abstract: This article is dedicated to the study of development of confessional policy of the Soviet Union with regards to religion, Church, and other confessions. It presents a broad overview of the Soviet legislation on this issue. Attention is given to various opinions of prominent modern scholars currently studying this issue. The article expounds the position of the Church, spiritual figures, and believers as subjects of law, as well as their rights and obligations. The author reveals the gradation of the legislation from democratic to totalitarian and repressive. The scientific novelty of this research consists in the approach towards the understanding of confessional policy of the state during the first decades after the Revolution. The author is first to conduct periodization of the evolution of legal and organizational influence of the Soviet state upon Russian Orthodox Church and other confessions, represented on the Russian territory during the period from 1917 to 1929.
Sosenkov F.S. - About the constitutional legal mechanism of counteraction to separatism in the Socialist Federal Republic of Yugoslavia pp. 193-211

DOI:
10.7256/2409-868X.2015.5.15031

Abstract: The subjects of research are constitutional and legal mechanisms for counteraction to separatism in the Socialist Federal Republic of Yugoslavia. To some extent, also addressed political and legal views of a separate Serbian and Croatian political leaders about the unity of Yugoslavia, as well as the ideas expressed by the Communist party of Yugoslavia, subsequently given legal expression. The aim of the work is to analyze legal (especially constitutional) mechanisms to counter the centrifugal political forces as provided for in the Yugoslav legislation. Special attention is paid to the measures enshrined in the Constitution of the Socialist Federal Republic of Yugoslavia of 1974. During the work used a chronological and historical approaches, the method of system analysis and partly modeling. The scientific novelty of the study lies in the formulation of the problem and the involvement of the materials previously underutilized for the needs of history of state and law of foreign countries within the affected perspective. The work performed allows us to conclude that the Yugoslav Federal authorities , despite the constant desire to improve the national-state system, was not developed effective measures to combat separatism and the preservation of the common state. However, the author comes to the conclusion that the experience of the Socialist Federal Republic of Yugoslavia (primarily bad) for the prevention of centrifugal forces and open to counter separatism is very useful for modern Federal States, built to national or mixed (national and territorial) principle.
Abdulin R.S. - The Legal Basis for the Organization and Activity of the Bodies of Judicial Administration Over the 1928 To 1940 Period (Functions, Powers and Structure) pp. 202-235

DOI:
10.7256/2409-868X.2015.4.14190

Abstract: In the present article the author explores in detail the processes of the formation and development of bodies of judicial administration in the Soviet Republic over the 1928 to 1940 period. The author shows how in the course of large-scale socio-economic changes in the USSR changing state policy in the field of justice, analysed in detail the legal basis for the organization and activity of the bodies of judicial management, discusses the process of gradual transfer of powers of the judicial Department of the people's Commissariat of justice of the USSR and its subordinate bodies. The author of the article analyzing the reform of the judicial control at this point in history, discusses the functions, powers and structure of bodies of judicial control as in the system of judicial bodies and judicial authorities.
Akishin M.O. - Legal language of the Soviet government pp. 221-242

DOI:
10.7256/2409-868X.2016.6.21362

Abstract: Similar to the other European countries, the establishment of republic, elimination of class rights and privileges, consolidation of the principle of equality before the law, in Russia took the revolutionary path. However, the Russian October Revolution was a reaction to not only the outlived feudal society, but also negative phenomena of the era of “wild capitalism” of the XIX century. The October Revolution led to the state regulation of the economy and its planning, which allowed realizing the position of the Marxist-Leninist teaching: elimination of exploitation of man by man, recognition of the socioeconomic and cultural human rights. Study of the positive experience, contributed by the Soviet authorities into the development of Russia and the entire world, remains relevant. The goal of this article is the examination of the legal language of Soviet authorities. The article substantiates that the core of the lexical-semantic system of legal language consisted of such political terms as “socialism”, “Communism”, “dictatorship of the proletariat”, “state of the whole people”, and others. The crucial achievement of the legislative technique of the Soviet government became the principle of the use of the Russian literary language in the national legislation. At the same time, there were no significant renewals in grammar and lexical composition of the legal language during this period. In other words, the legal language reflected not only the practice of Soviet construction, but also preserved the succession with the preceding stages of its history.
Sosnin A.V. - Civil procedural law according to the Digest of Laws of the Russian Empire in 1832-1857 pp. 227-255

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.
Kvachadze O.B., Romanovskaya V.B. - Criminal law and procedural norms within the town law of Western Europe during XI-XV centuries pp. 236-250

DOI:
10.7256/2409-868X.2015.4.15896

Abstract: Studying the sources of town law of Western Europe of the XI-XV centuries, the authors come to the conclusion that the town law of Western Europe during the era of High Middle Ages had a fairly progressive content during this historical period. This was explained by the specific goal of criminal legislation, driven by demand of town community – protection of the allocated to the town dwellers personal, political, and economic rights and liberties. The criminal legal town norms highlighted various categories of crimes, distinguished types of accomplices of a crime, forms of guilt, defined conditions for implementation of the institution of necessary defense, demanded adherence to the principle of guilt during trial, and consideration of mitigating circumstances. The medieval town law of Western Europe of the XI-XV centuries has abolished a number of feudal in their nature procedural institutions, and devised positions on judicial guarantees of rights of the defendant. It also codified the requirements for objectiveness of evidence, juridical ability to use the services of a representative equal to the other side of the legal dispute, right to acquittal in case of an alibi that would exclude the possibility of commission of the crime with which the defendant is being charged, due to their presence at another location.  
Antropov R.V. - The History of the development of legal education in Germany: the essence, models and stages of evolution pp. 251-264

DOI:
10.7256/2409-868X.2015.4.14496

Abstract: The subject of this research is the genesis of legal education in Germany, changes in the structure and content of university training of legal personnel at various stages of community development of German, taking into account the concrete historical situation. A review of the problem starts with the XIX century, notably since the rule of Prussia in the internal and external political processes of the German Empire, which had an impact on legal education. The closing date of the study is 2003, marked a new chapter in the history of legal education of modern Germany in connection with the adoption of the Law on the reform of legal education in 2002. Methodological basis of research is represented by a set of approaches and methods developed modern historiography, which is based the principles of historicism and science, as well as the historical-comparative method and structural-functional analysis. The study relies heavily on the German-language materials, both published and unpublished (electronic) to allow a full picture of the changes taking place in the field of legal education in Germany and giving the key to understanding the sources and essence of the modern model of judicial training in the Federal Republic, as well as as to why Germany rejected the introduction of tools of the so-called «Bologna process» in the classical legal education.
Shayakhmetova T.E. - The police involved in the organization of public charity in the Russian Empire of the XIX century pp. 256-267

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.
Ukolov D.S. - The history of formation and development of rent relations in Europe and Russia pp. 265-274

DOI:
10.7256/2409-868X.2015.4.14440

Abstract: In this article the author examines the historical and legal background of the formation and development of rent relations in Europe and Russia. It is noted that the Genesis of rent relations in General and the annuity contract in particular has its own salient features associated mainly with the beginning of their development. Historical background of the formation of rent relations have a significant impact on modern legislation in this area, allow to determine the positive and negative aspects of this process, provide an opportunity to avoid possible errors in the process of creating and applying the relevant law. In the process of research by the author was used analyti-cal, specific historical, comparative legal methods, allowing to formulate conclusions on the study. Scientific novelty of the conducted research is that the author tries to trace the processes of the historical peculiarities of the formation of the Institute of rent relations in modern civil law. The main conclusion of the conducted research is to substantiate the fact that the state, using publicly-legal instruments of private law relations, should affect the formation of the development strategy of rent relations in order to prevent the violation of a legal balance of participants in their contracts me-diating.
Fomin A.A. - On the question of distinction between the notions of УcollaborationismФ and УcollaborationФ with regards to the practice of cooperation of the Soviet citizens with the German occupants during the Great Patriotic War pp. 268-290

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.
Biyushkina N.I. - The principles of the Soviet law in the context of codification during the period of 1950-1960 pp. 291-310

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.  
Antropov R.V. - The German legal education in historical aspect pp. 311-321

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.
Zipunnikova N.N. - Development of the law education and teaching of state law (thesis on the characteristic of education and scientific system of Russian in the XVIII-XIX centuries) pp. 326-344

DOI:
10.7256/2409-868X.2015.3.15050

Abstract: In the course of this article the author makes an attempt to combine the research theses associated with conceptualization of the forming in the Russian Empire law education and teaching of state law, primarily in the imperial universities. Significant efforts of the Russian state on the establishment of education and scientific system during the XVIII-XIX centuries (creation of infrastructure, attraction and nurturing of scientific personnel, financial support, etc.) played a positive role in the development of various sectors of scientific legal studies and their affect upon the legal personnel training. The topic of law remained principal among legal scientists, being affected by different factors, including the supremacy of corresponding legal doctrine or their pluralism, politico-ideological context, systematization of legislation, and others. This topic was being studied within the framework of history, philosophy, theory of law, as well as by the representatives of sectoral legal sciences, mainly the science of state law that is included to the education standards of legal personnel training.
Sokolova E.S. - The law as it is fortecia truth": on the theoretical and practical foundations of the legislative policy of Peter the Great pp. 345-366

DOI:
10.7256/2409-868X.2015.3.15151

Abstract: The article is devoted to the problem of identifying the basic concepts of legal strategy Peter I in the field of rule of law. Peter's model of legitimacy for a long time was estimated in historiography as the uncritical borrowing of educational traditions of German Protestantism excluding old legislative realities that took place in lawmaking the first Romanovs. Shows the relationship between the legislative ideas of Peter's time with government initiatives of the preceding period, aimed at strengthening the socio-political image of autocratic power. Contrary to the opinion of the mediated mode of legality in the first quarter of XVIII century Northern war legislative policy of Peter I is seen as a means of filling institutional voids", which created an obstacle to the effective implementation of autocratic paradigm of Supreme power. Special attention is paid to the question of the degree of influence of the old traditionalism to regulate the relations of nationality in Petrovsky variant "legitimate monarchy". On the basis of a comparison of a number of inscribed decrees of the turn of the XVII – XVIII centuries, followed by the legislative strategy of Peter the great, providing an overall obligation to it's personal orders, the conclusion about the presence of pronounced imbalances between the ideologeme of "state interests", "particular" needs of estates and formal test of the rule of law in favor of the personal will of the Emperor-autocrat.
Shayakhmetova T.E. - Police legislation in the control mechanism of migration of the population and ensure the passport regime in the Russian Empire in the XIX - early XX centuries pp. 367-391

DOI:
10.7256/2409-868X.2015.3.14690

Abstract: One form of security is the state control of population movement. The features of this control depends on many factors: the level of social production, social culture, legal culture of the population. All these phenomena develop over time, exerting a decisive influence on the characteristics of the state, including the oversight function. The subject of study is the history of the development of the police legislation in the control mechanism of migration of the population and ensure the passport regime in the Russian Empire in the XIX - early XX centuries Methodological basis of the research is dialectic-materialistic method of knowledge socio-legal phenomena, as well as legal, historical, systematic and structural, comparative, logical-theoretical and chastnonauchny methods of research of normative documents in combination with a systematic approach and analysis. The main conclusion of the conducted research was the provision that in the Russian Empire in the XIX - early XX centuries passport regime provided by the police and local authorities. During this period, for the first time in the history of the Russian police legislation was created a single legal act, consolidating the rule of law, which regulate immigration and passport control in the Russian Empire - the Code of regulations about passports and runaway, amounting to 3 part 7-the first book of the code of laws of the Russian Empire, included in volume XIV. Have removed most of the contradictions and gaps in the passport law. This was a significant step forward in the development of the police legislation in the sphere of security and facilitated the implementation of legal norms and the police.
Manin V.A. - Problems of Reformation of Mining Manufacture in the Russian Empire in the Last Quarter of XVIII Century and the Project of its Transformation by A.A.Musin-Pushkin pp. 392-423

DOI:
10.7256/2409-868X.2015.3.14851

Abstract: The problems of mining industry reformation in the Russian Empire were connected with the economy and the practice of State construction works and were of great importance for the country because this industry was not only a foundation of the country’s defense capacity but also provided the budget with a lot of items of income, including customs duty. In the conditions of reformation during the period of Ekaterina the Great’s reigning the elements of decline of the mining manufacture in Russian can be seen. They demand to work out a new administrative, organizational and legal basis of the mining industry. Methods of research are a method of historical sources analysis, comparative and historical, rather-legal, logical, lexical, systematic methods and a method of hermeneutics. This attempt was made during the first decade of Alexander I rule, but the main ideas and approaches were formed during his father Pavel I reign. In connection with this, a special place is taken by the A.A.Musin-Pushkin’s project which has not been properly investigated till now.
Biyushkina N.I. - Aspects of formation of the Principality of Suzdal-Nizhny Novgorod: conception of judicial administrative authority (XIII-XV centuries) pp. 424-429

DOI:
10.7256/2409-868X.2015.3.15120

Abstract: This article is dedicated to the study of the process of establishment of judicial and administrative governance within the framework of the Principality of Suzdal-Nizhny Novgorod. The author gives special attention to the factors that contributed to the formation of Principality of Suzdal-Nizhny Novgorod, and therefore, the establishment of its branches of government and administration. The author reviews historical, military, and political conditions that affected the establishment of Principality of Suzdal-Nizhny Novgorod as a strategic military and economic center, as well as the citadel of Orthodoxy. The principles of establishment of judicial and administrative authority within the Principality are being researched. The author examines the process of formation of the Principality of Suzdal-Nizhny Novgorod from the perspective of combination of factors that are of subjective and objective character. On one hand, it is the active policy of the Rurik dynasty aimed at ensuring the interests of the Russian land and the future unity of Rus’; and on the other – foreign policy associated with the threat of conquest that contributed to this process.
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.
"History Illustrated" Website