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History of state and law
Tribushkova K. - The origins and the development of the real burden institution in Russian civil law pp. 12-19

DOI:
10.7256/2409-7136.2017.5.22623

Abstract: The article considers the development of one of the most controversial proprietary institutions – the real burden right. The author analyzes the formation of this concept in Russian law and considers particular provisions of the Patrimony charter and the Civil Code of the Russian Empire, containing information about this institution. The author pays special attention to the fact that real burden right doesn’t originate from Roman law, it is a result of German civil theory of the 19th – the 20th centuries. The author applies the historical method, the method of system and complex analysis, and the method of comparative jurisprudence. The author reveals and systematizes particular stages of development of real burden right in Russian law. The author formulates the periodization of development of this concept, consisting of five stages, and each of them is characterized by unique peculiarities. 
Zolotova O.I. - Facilitated civil legal proceedings in Russia in the late 19th century pp. 21-28

DOI:
10.7256/2409-7136.2016.7.18334

Abstract: The research object includes social relations emerging in the process of application of facilitated civil legal proceedings in Russia in the late 19th century. The author considers the process of civil legal proceedings optimization, which had been carried out during the mentioned period, and reveals the shortcomings of the reform. The research subject is legal regulation of the facilitated procedure of civil cases consideration in Russia in the late 19th century. Special attention is paid to the judicial practice of application of this procedure, the information about which is contained in the archive materials. The research methodology is based on the system, historical and legal, dialectical, formal-logical methods and the complex approach. The author comes to the following conclusions. Firstly, the attempt to introduce facilitated legal proceedings in Russia in the late 19th century was unsuccessful. Secondly, the legislator had made two key mistakes when establishing the new procedure: the attempt to preserve the general principles of civil proceedings typical for the general order, and to entrust a claimant with the application of facilitated proceedings allowing him a free hand in deciding on the procedure of consideration of the case. Thirdly, the author offers two ways to solve the problem of establishing an effective mechanism of civil legal proceedings optimization: firstly, to establish an imperative list of cases, subject to a facilitated procedure; secondly, to provide for an instrument of economic incentive of facilitated civil proceeding application via establishing a complex system of court costs distribution. 
Nikulin V.V. - Desertion at the time of the Civil War in Russia. General characteristic features, extraordinary circumstances legislation and criminal punishment (1918-1920). pp. 23-50

DOI:
10.7256/2305-9699.2014.9.13064

Abstract: The author studies the main tendencies in the development of military criminal legislation regarding desertion, analyzing the system of criminal responsibility for it.  It is shown that the criminal responsibility for desertion was introduced in the second half of the 1918, when desertion became a mass matter in the second half of 1918, when the mass draft to the Red Army took place. The author singles out the main motives for the unlawful behaviour of the draftees.  The main causes for desertion at the time of the Civil war involved social, economic, moral and psychological factors, and they formed the main motivation for the desertion. The moral and psychological reasons involved a religious factor, namely, refusal to serve in the army due to the moral values.  The Soviet Russia provided a legal opportunity to avoid military service due to the moral issues, and this opportunity was often abused in order to avoid mobilization to the army.  The author also analyzes the main factors and methods for fighting desertion: measures of criminal prosecution, taking hostages, proprietary sanctions, etc.  It is also noted that military criminal legislation of the time of the Civil War concentrated first of all on the development of legal norms against desertion. There was also an obvious tendency for stricter punishments for the desertion and facilitating actions: сoncealment of desertion and instigation to desertion. The criminal legislation also widened the range of aggravating circumstances. The conclusion is made that military criminal legislation regulated fighting desertion and by the end of the Civil War, a developed system of specific criminal sanctions with great differentiation of applied measures depending on the character of an action, degree of its maliciousness, role and character of co-participation and direction of the intents of the co-participants existed. Therefore, the military criminal legislation at the time of the Civil War in Russia has formed the basis for the later Soviet military criminal legislation.
Shchedrina Y.V. - The improvement of judges endowment mechanism in the projects of the N.V. Muravyev's Commission pp. 24-34

DOI:
10.7256/2409-7136.2014.12.1362

Abstract: The research is devoted to judges endowment mechanism normative regulation in the projects of the Commission aimed at the revision of the statutes of the so-called "N.V. Muravyev's Commission". The article considers law enforcement in the sphere of judges endowment legal regulation in Russia in the late 1860s - the early 1890s. The author outlines the key problems in the state justice financing, analyzes the measures proposed by the Muravyev's Commission to improve the mechanism of judges endowment. The author uses chronological method, historical and typological method, comparative and juridical method, comparative and historical method, and others. The scientific originality is based on the formulation of the problem and the lack of study of this problem in the Russian historiography. The author comes to the conclusion that the question of judges endowment was considered one of the most important in the work of the Commission. Realizing the importance of high rates of wages for judges' independence and the problem of current financing of both crown and local courts, the Commission had made some important decisions in the sphere of judges endowment mechanism improvement. Realization of those measures could have raised the level of social and legal safeguards of judjes' independence, but it never happenned due to the government's refusal to formalize the bills. 
Nikulin V.V. - Soviet civil legislation and judicial procedure at the time of the New Economic Policy: correlation among law, economics and politics. pp. 26-64

DOI:
10.7256/2305-9699.2013.8.9098

Abstract: The article concerns conceptual ideas of correlation among politics, law and economics in the civil legislation and judicial procedure at the time of the New Economic Policy. The author analyzes the correlation between the political doctrine of the Bolsheviks with the civil legislation, showing specific manifestations of class policy within the civil legislation system in the Soviet Russia in 1920s. It is proven that politicized law of the Soviet Russia defined class-based approach towards the principles of civil legislation. Due to the class-based approach the motivation by economic stimulae was less efficient, and it influenced the business activities in the private economic sector.  In the absence of any guarantees of private property a stable framework of legal behaviour and attitude to law was formed, and it was mostly a nihilistic one.  The people wished to get by the law, gain profits by unlawful mean, and it lead to conflicts between economic interests of the state and the private capital.  It is stated that throughout the period of the NEP the problem of legislative limitation of private capital was not solved. All of the Decrees of the 1920s included political elements, and it limited the freedom of economic activities. The problem of legal guarantees of proprietary rights as a basis for entrepreneurial activity was also not solved.  It is stated that the institution of civil law liability was mostly class-oriented in the Soviet Russia. That is why, the judicial practice in this sphere was biased towards entrepreneurs, its typical feature was "class-related judicial simplification", which was manifest in decisions and actions of the courts outside the scope of law.  In fact, the law was substituted by political positions, when the courts made politically motivated decisions instead of dealing with the facts of a case. 
Moldovanov M.M. - Historical and legal aspects of the bank deposit contract in Russia. pp. 28-39

DOI:
10.7256/2305-9699.2014.3.10959

Abstract: In this article the author studies historical and legal aspects of the bank deposit contracts and its transformation from the simple storage contract which was known to the lawyers of the ancient Rome to an independent institution of the civil law, as it is now applied.  The author reveals the legal nature of the bank deposit contract at various historical stages of its formation, studying the historical legal models of contract, types and forms of deposit existing in Russia from the times of Tsar Peter the Great to the current time. In his studies the author used general and specific scientific cognition methods. The main method of studies was historical method. In the final part of his article the author offers measures aimed at the improvement of functioning of the credit organizations and guaranteeing protection and preservation of rights and lawful interests of depositors.  In addition, the measures proposed by the author should strengthen credit and financial sector.  The author discusses the need to restructure the credit sphere and to broaden the sector of retail for banking services.
Tsar'kov I.I. - Pubic order in the context of Greek tragedies pp. 28-47

DOI:
10.25136/2409-7136.2017.10.20432

Abstract: The article considers the process of formation of the elements of a new collective (public) experience, which in Ancient Greek traditions was called “policy”, and the reflection of this process in Greek tragedies. Greek tragedies reflected the situation of conflict in a homogenous social group. It resulted from the confrontation of public and private interest. Tragedies documented the limitedness of positive experience. Conflicts originated from the decisions the heroes had made in the context of misleading information. Such socio-political conflicts led to inevitable death of heroes. The research is based on the scientific methods of hermeneutical analysis, the historical method, the method of intellectual experiment and transcendent analysis. The author concludes that tragedies demonstrated the hopelessness of solving problems using traditional means – orders and customs – and the need to define a stable (permanent) sphere of public interest. Tragedies were a prerequisite of political philosophy in Ancient Greece, they are full of political and legal sense. Tragedies defined the political philosophy agenda for Plato and Aristotle. 
Lysenkov S. - Provisions and principles of the Soviet criminal law of the period of New Economic Policy and laying the groundwork of socialism in the USSR pp. 29-36

DOI:
10.7256/2409-7136.2016.7.19507

Abstract: The research subject is the process of development of the provisions and principles of the Soviet criminal law in the first criminal codes of the Russian Federation and their transformation during the period of laying the groundwork of socialism and establishing the authoritarian Stalin regime in the USSR. The main attention is paid to the content of the articles of the criminal law on responsibility for the crimes against the state, public management and military service, many of which demonstrated the punitive and deterrent function of criminal law and didn’t correspond with the general principles of socialist legality, justice and humanism. The research methodology is based on the traditional approaches and methods of dialectical materialism allowing studying all the processes and phenomena in their development, interrelation and interdependence. The author concludes that, despite the fact that none of the Soviet criminal code had contained the notion “principle”, this term was often used in scientific and special literature; in the beginning of its development, the Soviet criminal law admitted law enforcement based on the revolutionary legal consciousness of judges and analogy of the law; the punitive and preventive function of the criminal law transformed into the punitive and deterrent one during the period of establishment of the authoritarian regime. 
Grigor'eva O.G. - Regulation of Civil-Law Relations Burdened with a Foreign Element: Historical and Legal Analysis pp. 31-44

DOI:
10.7256/2409-7136.2016.6.19093

Abstract: The research subject is the historical process of foundation and development of civil legislation regulating social relations burdened with a foreign element. Based on the generalization and analysis of statutory instruments of 1917 – 1991, the author defines the development tendencies of the institution in question. Particularly, the author analyzes the tendencies of legislating of property rights and personal non-property rights of foreign citizens and stateless persons in the Soviet legislation, including the right to possess particular forms of property, the right to succeed and to devise and bequeath. The author applies the dialectical method of cognition and specific scientific methods. The general method is the historical method. The author defines the tendencies of development of the Soviet civil legislation regulating social relations burdened with a foreign element. Particularly, the author studies the legislating of the right of foreigners to purchase and alienate particular forms of property, to succeed, and to devise and bequeath in the context of private property denial in the first post-revolutionary years, its revival in the context of development of the new economic policy and in other periods of development of the Soviet law and state. 
Mordovtsev A.Y., Mordovtseva T.V., Mamychev A.Y. - Comparative Law in the Classical Ancient Philosophy and Law: Sociocultural and Legal Mental Analysis pp. 32-41

DOI:
10.25136/2409-7136.2018.4.24038

Abstract: The subject of this research is the sources of formation of a subject domain as well as conceptual and methodological bases of comparative law in ancient philosophical and legal discourse. The authors address to the heritage of Ancient Greek and Ancient Roman philosophy of law, reveal specifics of antique legal thinking, offer sociocultural and mental assessment of its contents and orientation of development of the latter. They emphasize the importance of the Ancient comparative and legal discourse for the formation and development of legislative, law-enforcement and right interpretative practice of the past and the present. In their research the authors have used historical and legal and comparative and legal methods. As the methodological strategy of the research they have used the discourse approach offered by M. Foucault who insisited that the appeal to the research of various sociocultural phenomena including the state and legal phenomena and processes should be realized in terms of of acting social practices that influence the essence of the latter. For these research objectives, the authors have described a number of social practices that predetermined the development of both public, and hidden comparative and legal discourses which defined formations and development of the classical Ancient philosophy and law. In their research the authors have described particular features of the formation and development of a subject domain and methodlogical grounds of of comparative law in Ancient socio-cultural and political and legal scenarios. They have proved that Greek and Roman concepts of the political and legal relaities, their forms and means of constructing legal terms and practical tools became a substantive beginning and course of an original and unique European (and later EuroAmerican) legal universum.
Belkovets L. - Through "pride and prejudice". the Count von Brockdorff Rantzau and formation of Soviet-German diplomatic relations. pp. 35-94

DOI:
10.7256/2305-9699.2013.12.1001

Abstract: The article based upon the documentary data, diplomatic correspondence and memoirs of German and Soviet diplomats provides the study of revival of the Russian-German diplomatic relations after the 1st World War.  It is centered upon the activities and position of the Head of the German delegation at the Versailles Peace Conference and the first  Ambassador Extraordinary and Plenipotentiary of the new Germany in the Soviet Russia - Count Ulrich von Brockdorff Rantzau. He was the one who formed the friendly course of German diplomacy towards Russia (USSR), as provided in the Consular Convention and the Trade Treaties of 1925 and 1926, the Treaty of Alliance between Russia and Germany. The author offers his somewhat original concept of hte events regarding the formation of the relations between Russia and Germany, the policy of the Bolsheviks, who either sold off to German or saved Russia from falling apart and the pieces of its territory being taken away by the imperialist lands. The author shows the process of overcoming the prejudice against the Soviet Bolshevik Russia by the German diplomats.  It was supported by the procedure of Versailles Peace Treaty developed by the victorious Entente states , which was derogatory for the losing parties.  The relations supported by the 1922 Treaty of Rapallo.
Shchuplenkov N.O. - Forms of Civil Control in Legal Process of Ancient Russia pp. 36-60

DOI:
10.7256/2305-9699.2014.11.1348

Abstract: This article deals with the history of creation of creating the civil control forms in the legal process of ancient Russia, its specific features and peculiarities. It shows the influence of conflict resolution studies and jurisprudence on performing mediation procedures. The importance of this work may be put down to the fact that the number of published works on the subject of mediation in ancient Russia is relatively small. The role of a mediator in conflict resolution in the legal process of ancient Russia has hardly been studied. The objective of this research is to analyses the creation of the institute of mediation in Russia. The author examines the officers of the judicial system in ancient Russia which were responsible for resolving disputes using alternative methods. in order to examine this subject, the following literature was analyzed: known scientific articles on the subject of pre-court proceeding, the texts of Pskovian court documents of the 15th century and Novgorod  birchbark letters. Alternative methods of dispute resolution as institutes of self-regulation in civil society could be used in ancient Russia along with the legal remedies. Such procedures did not replace public justice and did not violate the citizens’ lawful right to legal protection. Thanks to the alternative methods of dispute resolution, the parties could settle their conflict independently on mutually acceptable terms, which strengthened their reputation and preserved their partnerships. The author identifies the persons responsible for alternative dispute resolution methods among the workers of the court system of ancient Russia.
Slezin A.A. - Soviet State Against Religion: the 'Thaw' Period in Mid 1920's pp. 37-73

DOI:
10.7256/2305-9699.2013.2.448

Abstract: To the author's opinion, Soviet State had serious reasons to change its policy towards religion because it had obviously failed to overcome the influence of church in general and youth in particular by force. Analyzing the legislation of Soviet authorities, Communist Party and Komsomol since 1923, the author outlines quite a number of methods of extermism prevention both by religious people and ateists. At the same time, the author underlines that the Soviet government did not consider the enforcement of legality as the main purpose of political control. Quite on the contrary, the political control was used for repressions. 
Kodan S.V., . - Provisions for the legal status of the members of the royal family in the Code of the Fundamental State Laws of the Russian Empire of 1832-1892. pp. 38-68

DOI:
10.7256/2305-9699.2014.5.11587

Abstract: The object of studies concerns the Code of the Fundamental State Laws of the Russian Empire  on the issue of legal provisions regarding the Russian royal family. The authors show place and role of these norms in defining the legal status of the members of the royal family and its value in the relevant institution of the Russian public law.  Special attention is paid to the analysis of the Institution of Imperial Family as an element of the Code of the Fundamental State Laws of the Russian Empire of 1832-1892. The methodology of studies is based upon the historical and formal legal approaches, showing the normative basis and contents of the Code of the Fundamental State Laws of the Russian Empire in part of analysis of the legal position of the royal family. The scientific novelty is due to the analysis of the Code of the Fundamental State Laws of the Russian Empire of 1832-1892 in the sphere of provisions for the legal status of the members of the royal family. Following the European tradition for special "Family Laws" on relations between the monarch and the members of the royal family, and their legal position, the legal status of a royal family was rather clearly defined in the legislation of the Emperor Paul the I (1797). Based upon these provisions the Code of the Fundamental State Laws of the Russian Empire provided for a special division: Institution on Royal Family.  It provided for a special institution of public law for a royal family, regulating such public law relation as the procedure for acquiring the rights of members of the royal family, establishing family relations as the basis for inheriting the throne, obligations of the Emperor to support rule of law and order in the royal family, obligations of the members of the royal family, and the obligation to be faithful to the ruling Emperor.  The specific features of the family and marriage issues, property and inheritance were also regulated in the Code.
Airikh V.A. - Creation of the Science of Police Law: New Touch-ups to the Old Portrait pp. 38-73

DOI:
10.7256/2305-9699.2014.10.1327

Abstract: This article attempts an additional review of the history of creation of police law as a legal science and a branch of jurisprudence which was originally created in Germany at the end of the 18th century. It delineates the police science from the police law. The article reviews certain individual provisions of the police manual of the city of Augsburg as amended in 1683 being the most typical example of legal documents which served as the source of the police law. It cites draft police codes of the Russian Empire and similar legal documents of German states of the 19th century. The article takes a note of the similarity between the problems related to the application of the above documents. The main method of the work performed is the source study and analysis of the police law documents and of the works on the police science and the police law written in the 16th - 19th centuries.Currently, it has become necessary to correct certain well-establish notions of the history of police science and police law due to the expansion of the source base and inclusion in it of the works which were not mentioned earlier in Russian literature or which did not get the attention they deserve from scientists. The analysis of such papers makes it possible to talk about the original division of the police law from the police science.The work of H. U. Ditmar published in 1731 should be viewed as one of the first scientific rationales for the police science, despite the commonly accepted opinion. The work of I. Goiman which came out in 1757 should be considered the first attempt at establishing the scientific foundation for the police law. In Russia, the first work on the subject of police law was the paper written by L. H. Iakob published in 1809 in Kharkov. The first police code of the Russian Empire was drafted by H. E. Globig in 1815.
Krasnyakov N.I. - Regional governor rule in the Caucasian territories of the Russian Empire pp. 40-69

DOI:
10.7256/2305-9699.2014.3.11032

Abstract: The article includes analysis of the legislative bases, directions and contents of development of administrative institution of governors in the Caucasian territories of the Russian Empire in the middle of XIX to early XX centuries.  The Imperial legislation of 1856-1859 pursued a goal of creating a local system, which would be similar to the existing ministry system in the central apparatus, while taking into account the local ethnic and religious specificities of the region.  The Chambers were transformed into the Departments, and they were given powers of the Ministries, while the legislative branch was concentrated in temporary division under the auspices of the chief department of the Governor of Caucasus.  The author singles out territorial, regional, social, political, normative and legal factors in the processes. Attention is paid to the legislative regulation of specific features of the official position of the Imperial Governor in this territory of the Empire. The author makes a conclusion on the fact that the state administration practice of Russia in the Imperial period took into account to the territorial and legislative status of a region prior to its inclusion into the Empire.  At the same time, the supreme power of the governor in the Caucasian territories was supported, and he was the head of the administrative hierarchy of the Caucasus, while the contradictory character of this form of territorial administration is noted.
Antonov-Romanovskii G.V., Chirkov D.K. - Rural Crime Studying Methodology During the First Years of the Soviet Regime pp. 42-49

DOI:
10.25136/2409-7136.2018.4.24375

Abstract: The 1920s faced the ideological pressure on the rural crime studying methodology as the peasant policy tightened. During the period of narrowing economic independence of peasants, all researches were marked as 'Marxist understanding of crime factors'. Collectivisation resulted in recognition of the 'anti-scientific nature' of the factors theory and reduction of rural crime researches. The object of this research is the social relations that relate to the existence of crime in the country-side and measures undertaken to prevent it during the first years of the Soviet regime. The purpose of the research is to discover criminological features of rural crime during the first years of the Soviet regime. The subject of the research includes the criminological features of rural crime; measures of overall social and special legal prevention of rural crime; and results of multi-year researches carried out by the authors. The research methods used by the authors included general research methods and special research methods such as logical, historical, comparative law, structured system and statistical methods. The methodological basis of the research implied the founding categories of the dialectical materialism such as negation of the negation, transition from quantity to quality, and others. The scientific novelty of the research is caused by the fact that for the first time in the academic literature the authors describe criminological features of rural crime and specific measures of prevention of this kind of crime as a result of their analysis of rural crime during the first years of the Soviet regime. The main conclusion of the research is that not only rural living conditions influenced the crime factors but so did repression and prohibition of crime studies in the USSR. 
Babich I.L., Pliev A.A. - History of Bood Vengeance of Chechens and Ingush (1870 - 1960) pp. 42-57

DOI:
10.25136/2409-7136.2018.3.25506

Abstract: The purpose of this article is to analyze the main components of the institution of blood vengeance in Chechen and Ingush communities over the period of time since 1870 till 1960 and compare it to other nations of the North Caucasus in order to discover differences and similarities. According to the author, this approach will allow to define a number of associated legal tendencies. The object of the research is the institution of blood vengeance and how it had been developing over 100 years in the North Caucasus. The subject of the research is the main components of the aforesaid institution such as causes of conflicts, forms of revenge, subjects and objects of revenge, rules of behavior, etc. The research is based on the historical ethnographical research method that allowed the author to carry out a field research and collect ethnographical material about the existence of the institution of blood vengeance since 1870 till 1960. The field research involved interviews of old people (90 - 100 years old) who either witnessed such conflicts themselves or heard stories about them in their family. In addition, the author also used archives of the North Caucasus as the material to compare those stories to. Even though there are researches on blood vengeance in the North Caucasus, so far there have been no researches devoted to the institution of blood vengeance of the Chechens and Ingush and how it had been developing since 1870 till 1960 that would imply ethnographical data and archives of the Supreme Courts of a number of North Caucasian republics. Analysis of that institution of previous times allows to better understand modern legal processes in the North Caucasus. 
Abazaliev I.M. - Procedural Status of the Suspect and Accused in Russian Criminal Proceedings: Historical and Legal Analysis pp. 46-54

DOI:
10.25136/2409-7136.2018.2.25636

Abstract: The subject of the research is the process of establishing and developing the procedural status of the convict and suspect in Russian criminal proceedings. For this purpose, the author of the article focuses on key sources of criminal procedure law. The author describes four historical stages in the process of developing the procedural status of the aforesaid actors, the key stage being the period when The Statute of Criminal Procedure of 1864 and The Criminal Procedure Code of the Russian Soviet Federative Socialist Republic of 1960 were issued which created the grounds for modern procedural position of the suspect and accused. In the course of his research Abazaliev mostly used the method of historical law analysis as well as general and special research methods. The main conclusion of the research is the author's statement that new priorities of the criminal procedure policy and development of the humanities that created the ground for adopting The Russian Federation Code of Criminal Procedure of 2001 extended the list and content of personal rights and responsibilities of the suspect and accused. 
Kodan S.V. - Genesis of source studies of history of state and law in the Russian historical science and legal studies (XVIII - early XIX centuries). pp. 48-65

DOI:
10.7256/2305-9699.2014.7.12062

Abstract: The object of studies concerns analysis of genesis of source  studies in the sphere of cognition of development of state and law in Russia in XVIII - early XIX centuries in historical and legal spheres of knowledge. The author shows growing attention to the legal acts among the historians, how they revealed and published legal materials, how they started recognizing legislation as one of the most important sources for studying the past.  The author discusses growing scope of attention to sources of law in the historical projection in practical legal studies, and in the forming legal education and science.  Within the frameworks of historical and comparative approaches the author shows the process of defining place and role of legal acts in the studies of historical and political legal processes in Russia. As a result it may be stated that  the period from XVIII to early XIX century in the process of genesis of source studies in history of state and law of Russia was characterized by recognition of role and value of the sources of law, their active involvement in the scientific turnover in the historical studies. In this period of time there are prominent historical works showing the role of legislation as a historical source and actively revealing and publishing legislative classics.  Due to the underdevelopment of legal education and science the Russian legal studies mostly involved practical approach towards the studies of sources of law, when the studies of sources of legal information served the needs of law-making activities, searching for the ways to organize the legislation, public administration, legal, and especially judicial, practice.  Nevertheless, it was the time of genesis of the scientific historical and legal source studies, which was also related to the genesis of professional legal education and legal studies.
Panokin A.M. - Review of judicial decisions according to the 1923 Criminal Procedure Code of the RSFSR pp. 48-58

DOI:
10.25136/2409-7136.2017.10.23817

Abstract: The article studies the peculiarities of review of judicial decisions according to the 1923 Criminal Procedure Code of the RSFSR. The author studies the established forms of review of judicial decisions in their interconnection with the peculiarities of organization of the judiciary responsible for effective monitoring of judicial acts. The author notes the similarities and differences between the Soviet cassation, proceedings in the order of supervision and reopening cases in view of newly discovered facts. The author considers the topical questions of review of facts of a criminal case in court of review in the context of direct prohibition against reviewing the essence of a judicial decision. The author notes limited cognitive abilities of a cassation court and the related problems of proving in reviewing judicial decisions, which haven’t yet become effective in law. The article analyzes general reasons for reviewing judicial decisions in the order of cassation or supervision, which allow for repeated review of the facts. The author defines the peculiarities of review of judicial decisions, which have become effective in law, determined by the initiation of such a review and a special position of a prosecutor in reopening cases in view of newly discovered facts. The research subject of the article determines the use of a set of general scientific (system analysis, empirical material description, comparison and generalization) and specific (historical-legal, law enforcement practice generalization and technical-legal) methods. The author concludes about the range of significant institutional contradictions between legislative regulation of the system of review of judicial decisions according to the 1923 Criminal Procedure Code of the RSFSR and law-enforcement practice. The revealed contradictions made the legislator look for their settlement, and criminal procedural law scholars – substantiate the Soviet doctrine of review if judicial decisions. 
Zurnachyan A.S. - Development of the Armenian law in the early modern period (XV-XVIII centuries). pp. 50-115

DOI:
10.7256/2305-9699.2014.6.12090

Abstract: The article concerns the main monuments of Armenian law, which were created in the early modern period in various states, and which predefined to a great extent the development of modern legal, social and political thought.  The merited representatives of the Armenian communities in many countries in the world have created sources (monuments) of law, which reflected the best elements of national legal culture and the achievements of the leading legal systems of the world. Among the most striking and important monuments of Armenian law one may mention the Astrakhan Armenian Judicial Charter, Trap of Ambition (Vorogait Parats) by Shaamir Shaamiryan, which was the draft Constitution of Armeina and acts of the Armenian court in Kamenets-Podolskiy. The author analyzes the contents of these acts, their structure and role in the life of Armenian community.When writing the article the author used special methods, such as historic legal method, comparative historic method, comparative legal method, formal logical method, systemic method. Appliction of the combination of these methods has allowed for a comprehensive solution in order to achieve the goal of research. The said period of XV - XVIII centuries may be characterized with the large-scale migration of the Armenian people.  The colonies in Russia, India, Ukraine, Poland, Italy and other states played important roles in preservation of the national identity of the Armenians, development of their culture and law.It probably may be stated, that being an important input into the history of Armenian legal studies, the Judicial Charter of the Astrakhan Armenians of XVIII century is at the same time the monument of Armenian law, reflecting the centuries of friendship between Armenian and Russian peoples. The Judicial Charter of the Astrakhan Armenians in fact was applied as one of the local law sources in Russia, thus, having a worthy place within the system of Russian law in the issues of regulation of the relations in the Armenian colonies in Astrakhan, Mozdok, Kizlyar and other places. The Judicial Charter of the Astrakhan Armenians of 1765 was published in 1967 in Armenian language, but it was never translated or published in a full volume in Russian language. For the analysis of the norms of this Judicial Charter the author translated its text into Russian language. Currently most of the scientists recognize the Trap of Ambition (Vorogait Parats) of Shaamir Shaamiryan to be the draft Constitution of the independent Armenian state.  However, we came to the conclusion that this document is both aimed into the future, and includes many issues, allowing to characterize it as a legal mechanism for the organization of the Armenian national liberation movement of the relevant time and place. The acts of the court of Kamenets-Podolsk also serve as an important monument of development of the Armenian law. They are the primary sources, as formed in the process of judicial proceedings, and they clearly show the process of application of law in the activities of the judicial body. They reflect the issues of legal regulation of private relations in the Armenian reality of the time. Analysis of these acts allows one to state that Armenian colonies wherever they were organized did not forget their culture and their roots, trying to regulate their life abroad based upon the traditions, law and other principles provided by their ancestors. 
Sinelnikova V.N. - Formation and development of the institution of registration of rights and titles to immovable property in Russia. pp. 51-83

DOI:
10.7256/2305-9699.2014.9.13094

Abstract: The author has made an attempt to study the genesis of the institution of registration of rights and titles to immovable property in Russia. For that purpose the author has studied the historic documents regulating the procedure and conditions for the registration of immovable property, as well as related problems. The author also provides conclusions, which may be taken into account by the developers of the modern system of registration of rights and titles to immovable property. The author presents the viewpoints of renowned civil law scholars of the time, such as D.I. Meyer, I.M. Tyutryumov, G.F. Shershenevich, etc.  Applying the methods of synthesis and comparative analysis the author draws an analogy of problems which were faced by the owners of immovable property in XVIII - XIX centuries and current problems in the same sphere, drawing a conclusion that many issues have not been resolved in several decades, while in other countries the legislators have developed efficient mechanisms for dealing with such problems. Taking into account the current social relations regarding making deals with certain types of items and the perspectives for the market development, the author substantiates the position that official recognition of the division of objects into movable and immovable ones is a progressiveachievement of the Russian civil law studies, which was further regulated in the norms of the Civil Code of the Russian Federation and a number of other Federal Laws.  This consecutive movement of the Russian legislation shall strenghen the protection of rights of owners and other title-holders of immovable property.
Egorov V.V. - Criminal and political persecution of the Jews in the Russian Empire in the late 19th – the early 20th centuries pp. 52-70

DOI:
10.7256/2409-7136.2015.9.15845

Abstract: The aim of the research is to study the influence of the legislation of the Russian Empire on the life of the Jews. The author characterizes criminal and political persecution of the Jewish people in the late 19th – the early 20th centuries and studies the Jews’ struggle against discrimination in this period. The subject of the research is the Russian legislation on the Jews. The object of the research is the range of social political and legal relations in the Russian Empire in the 18th - the early 20th centuries influencing the character and the peculiarities of regulation of condition of the Jewish population in Russia. The author uses the formal-logical, the historical-legal methods, the method of historical and political interpretation of law. The author concludes that the most important motivational components of the policy of the Russian Empire in relation to the Jews were heterogeneous: on the one hand, the government tried to incorporate the Jewish population into the Russian society by means of overcoming the main feature separating the Jews from the majority of the population – Judaism. On the other hand, the fear of a political, confessional, economic and national supremacy of the Jews took place. The author outlines the motivational components of the Jewish population in their struggle for wider rights: 1. The will to overcome the Jewish Pale, which became the most important impetus to their aspiration for a comprehensive development, first of all, for education; 2. The will to become a political actor of the Russian society and to change the legal situation in Russia. 
Simonova S.S. - Normative legal basis for the foodstuffs policy of the land government bodies in Russia in the second half of XIX century. pp. 54-68

DOI:
10.7256/2305-9699.2013.9.9509

Abstract: The article contains evaluation of the foodstuffs policy as one of the most important elements of the social functions of the state. The author provides a definition of a social function of the state as a direction for its legal, organizational and practical activities, regulating the living standard and the processes of implementation of social and economic right of individual in an amount adequate to the specific stage of development of society and state.  The author provides for the topicality of historical and legal studies of the social function of the state at the current conditions of formation of the social state in the Russian Federation.  Based upon the scientific analysis  of the numerous legislative acts, the author singles out specific features of the legislative guarantees of foodstuffs policy.  In the opinion of the author, the social activities of the local government could only succeed only in the conditions of revision of the entire complex of Russian legislation: civil, tax, financial, etc.  However, it did not happen, and the normative legal acts on local self-government became a foreign substance within the Russian legal system.
El'chaninova O.Y. - Letters of grants as the source of Russian town law of the 17th – 18th centuries pp. 55-63

DOI:
10.7256/2409-7136.2016.8.18439

Abstract: The article studies letters of grants of the 17th – 18th centuries and demonstrates their role within the system of sources of Russian law. The author proves that letters of grants gave definite rights and privileges to towns and town population as autonomous subjects of legal relationship. The author finds out that the problem of inclusion of new areas into the jurisdictional space of the Russian state was the dominant in the policy of the supreme power in those regions. To study the nature of letters of grants as the sources of Russian town law, the author applies the method of historiographical and clausal analysis of sources along with the formal-legal method, generalization and abstraction. The author concludes that the legal nature of letters of grants was conditioned by certain peculiarities: their standardized and stereotyped character, adoption of foreign statutory concepts and compulsory approval by the supreme power. The study proves the thesis that, starting from the 18th century, the problem of defining operation limits of letters of grants within a town area has appeared, and it had to be incorporated in Russian legislation. 
Kodan S.V., . - Definition of requirements towards the system, contents and implementation of legislative acts in the Basic State Laws of the Russian Empire of 1832-1892. pp. 59-105

DOI:
10.7256/2305-9699.2014.4.11409

Abstract: The article shows the provisions in the Basic Laws of the State of 1832-1892 for the main parameters of the Russian positive law. The authors analyze the contents of the Basic Laws regarding consolidation of legal provisions on defining system and types of legislative acts, requirements to the publication of laws, procedures for amendment and the scope of application of norms (temporal, territorial, range of persons). At the sam time the authors analyze the legal sources, providing for the requirements to the positive law in the Basic Laws.  Based upon historical and formal legal methods the authors analyze the sources and contents of the Basic Laws regarding the requirements to legislation. The scientific novelty is due to the fact that the article provides analysis of the Basic State Laws of the Russian Empire of 1832-1892 regarding the parameters of positive law. It is shown that for the first time in the history of the Russian law the legal provisions, which were previously spread in various legal acts, were consolidated and provided as a system of paramters and requirements to the current legislation.
Khashchina E.E. - The form of judicial proceedings in the context of evolution of Moscow state pp. 61-69

DOI:
10.7256/2409-7136.2016.2.17804

Abstract: The research subject is the interconnection between the reform of judicial authorities of Moscow state and the limitation of the accusatory form of judicial proceedings in the early 16th century. The author characterizes three judiciary systems which formed in Moscow state in the period of adoption of the code of law of Ivan the Terrible. The author specifies the differences between the concepts “historical type” and “historical form” of judicial proceedings. The author analyzes the reasons for the growth of influence of the grand-ducal court, the development of the prikaz system, and the limitation of powers of local judicial authorities, and points out the interrelation between these phenomena and the limitation of the accusatory form of judicial proceedings. The research methodology is based on the principles of historicism, systematicity, and objectivity. The author applies the dialectical, formal logical, system, historical-legal and comparative-legal methods. The author analyzes the evolution of judicial system of Moscow state in the context of typology of judicial proceedings. The author concludes about the specific peculiarities of the change of the historical type of judicial proceedings in Russia in the 16th century, which had been connected with a long-term existence of accusatory and investigative grounds in the judicial system and the legal procedure. The author concludes that the limitation of the sphere of application of the accusatory form of judicial proceedings was a logical consequence of the social developments, such as the decentralization of the state, the creation of the power vertical, and, finally, the mere convenience of application of investigative forms for the reasonable solution of cases. 
Dusaev R.N., Dusaeva M.R., Larichev A.A. - Development of the Legal Status of Imperial Senate of Finland in the XIXth - Early XXth Centuries pp. 64-70

DOI:
10.25136/2409-7136.2017.12.25073

Abstract: The purpose of this article is to analyse dynamics of the legal status of The Senate as the highest administrative and judicial authority of The Grand Duchy of Finland as part of The Russian Empire. The object of the research is social relations arising during development of the status of The Imperial Senate of Finland in the XIXth - XXth centuries. The subject of the research is histriographical sources including foreign sources as well as legal documents of the XIXth - XXth centuries on the matter. The authors of the research define and analyse the most important stages of the development of The Imperial Senate of Finland status determined by adoption of relevant decisions and instructions of Russian emperors. The authors of the article analyze both organisation and functions of the status of The Senate of Finland and describe the influence of The Senate on the development of administrative and managerial relations in The Grand Duchy of Finland as well as the role of The Senate in the development of administrative and economic laws of Finland. The authors use general research methods (deduction and induction) and special research methods such as periodisation and normative analysis of legal documents during the aforesaid period. The novelty of the research is caused by the fact that the authors describe stages of the development of The Senate legal status as the highest authority of The Grand Duchy of Finland when it was part of The Russian Empire (XIXth - early XXth centuries). The novelty of the research is also caused by the conclusions that are made by the authors based on the description of aforesaid stages. 
El'chaninova O.Y. - Sources of Russian law of the XVII century: problems of definition and classification pp. 66-119

DOI:
10.7256/2409-7136.2015.4.14421

Abstract: The subject of the research is the problem of unification of the concept of "sources of Russian law of the XVII century" and their classification. The author studies the correlation between the concepts "source of law", "form of law", and others. The author attempts to review legal documents in historical perspective, the formulation of the definition of sources of domestic law of the XVII century. In order to identify relationships between classes of sources, understand their subordination, orient in their diversity the author provides the criteria for the classification of sources of Russian law of the XVII century.The study is based on the idea that in a formal understanding the sources of Russian law of the XVII century can be divided into two groups: those set by the state and the state-sanctioned. The first group included the sources of law, which came from the state (the czar's decrees, decisions of the Boyar Duma, acts of Zemsky Sobor, etc.) and contained the power prescriptions. The second group formed a system of sources, which had been originally formed by society for maintenance of public order (legal customs, legal practice and doctrines, and others.), and were subsequently sanctioned by the state. The author uses the general scientific methods (analysis, synthesis), and the special scientific methods: the formal-legal method and the comparative legal method. In the result of the study of different approaches to the essence of this concept the author concludes that as "Russian law sources of the XVII century" one should understand the sources of law developed in a certain order by the competent authorities both individually and collectively, and published in the period from 1601 to 1700 in the form of handwritten or printed legal documents imposing the administrative functions on the persons on the territory of Russian state and establishing a certain order in social relations.
Sychev D. - A Prosecutor: from Peter the Great to the present day. Evolution of functional activity in criminal process pp. 71-101

DOI:
10.7256/2409-7136.2015.3.14386

Abstract: The subject of the research is the evolution of functional content of the prosecutor's activities at pretrial stages of criminal process. The author outlines the functions of  procedural oversight and prosecution in the prosecutors' activities. The author analyzes the normative base of Russian legislation from Peter the Great to the present day, which is a means of these functions implementation. The author examines such aspects of the issue as the origins of the prosecutor's criminal procedural functions, their dependence on the role of the prosecutor in the state mechanism as a whole. The article shows the historical continuity of Russian prosecutors of different epochs in implementation of these two functions. The methodology of the study is based on the provisions of the dialectical method of cognition. Along with it the study uses the comparative legal, the system, the logical-legal and the historical methods of scientific research. The scientific novelty of the research lies in the complex historical and legal study of the implementation of the functions by the prosecutor in the criminal trial in Russia from Peter the Great to the present day. The article shows the historical continuity of the role of the prosecutor's figure in the criminal proceedings in different historical epochs. The research provides the extensive analysis of pre-revolutionary and contemporary authors' views towards the issue. The author comes to the conclusion about the necessity of simultaneous possession by the prosecutor of functions of prosecution and supervision, and the necessity of a further conservation of such a model of the prosecutor's activities.
Kodan S.V., . - Local Law of National Regions of the Russian Empire: Origin, Place in Politics and Ideology, Legal Nature (second half of XVII - beginning of XX centuries) pp. 74-154

DOI:
10.7256/2305-9699.2013.2.464

Abstract: The article is devoted to the local law of national regions of the Russian empire from the point of view of their place and role in politics, ideology and legal practice of the Russian State in the process of formation and development of the Russian empire during the second half of XVII - beginning of XX centuries. The author describes the origins of legal particularism during development of the Russian ancient state institution and law, separation of local sources of law during disunity in Old Russia as well as differentiation between national law and local law during creation of the Moscow State and centralization of the legal regulation. Special attention is paid at the role of local law in politics and ideology of the Russian supreme authority during creation and development of the Russian empire as a complex state and legal unit as well as definitions of models and peculiarities of the legal structure of particular national regions from the point of view of legal autonomy. The author also analyzes legal nature of local law as the phenomenon typical for the empire form of organization of the legal space and provides its definition. 
Zurnachyan A.S. - Legal position of land owners in the Eastern Armeina in XIX century. pp. 78-94

DOI:
10.7256/2305-9699.2014.2.10920

Abstract: The article concerns specific features of legal status of the class of the land owners in the Eastern Armenia, characteristics of their proprietary and non-proprietary rights in the period both before the Eastern Armenia joined the Russian Empire (the first quarter of the XIX century) and after the Armenian lands were included into the Russian Empire. The author analyzes the types of land ownership, such as mulkadar (landed gentry) and tiul, provides their main characteristics, types and legal nature. The changes of the state to which the Armenian lands belonged caused serious changes in its social, economic, political structure and legal system.  The indicator of these changes was the position of the people, including owners of land, land being the main source of production.  The article includes analysis of the legislative acts aimed at defining rights and obligations of landowners within the new government system. The author pays special attention to the legal status of the Armenian church, as one of the largest landowners of the time and an active participant in the political life of Armenia.  The article uses the following general scientific methods: description, analogy, analysis, synthesis, logical and historical modeling.  The author also used a dialectic cognition method in order to analyze various points of view on the development of legal status of the landowners and its elements.  When writing this article the author also used special methods: historical legal method, comparative historical method, comparative legal method, formal logical method, systemic method. The combined application of the said methods allowed to achieve the goals and aims of the study. For the first time the author systematizes all of the legislative acts, archive information and studies on the issue of legal status of landowners in the Eastern Armenia in the XIX century.
Zolotova O.I. - Institution of the Judge Dissenting Opinion in Civil Legal Proceedings in the XVIIIth - XXth Centuries in Russia: From the Point of View of History and Law pp. 78-82

DOI:
10.25136/2409-7136.2018.1.22102

Abstract: The object of the research is social relations arising in the process of implementing the institution of the judge dissenting opinion before The Judiciary Reform of 1864 and until the end of the XIXth century. The subject of the research is the legal regulation of the institution of the judge dissenting opinion in Russia since XVIIIth till XIXth centuries. The author of the article examines how that legal phenomenon evolved during the aforesaid period and analyzes the practice of the Senate in appealing to dissenting opinions to court proceedings, archives, and all cases when court decisions were not ordinary. The methodological basis of the research involved such research methods as systems analysis, historical and legal analysis, dialectical, formal (logical) methods, complex approach, etc. The main contribution of the author to the studies of the institution of the judge dissenting opinion in civil legal proceedings is her attempt to study how the institution evolved from the point of view of causal and competitive models of civil legal proceedings. The author comes to the conclusion that the main features of this phenomenon, although naturally integrated into basic principles of the causal model, were set forth by The Senate in the course of the development of the institution of the judge dissenting opinion. 
Telnov A. - Reputation as an intangible benefit and a legal phenomenon in the Old Russian law pp. 85-93

DOI:
10.7256/2409-7136.2016.10.2045

Abstract: The research subject covers the provisions of such historical legal documents as “Russkaia Pravda” (the Brief and the Extended versions) and the provisions of the Decree of Prince Yaroslav on church courts (12th – 13th centuries). The research object is the social relations in Ancient Rus in the 12th – the 13th centuries, connected with the infringement on reputation as an intangible benefit. The author analyzes the provisions of the Old Russian sources of law and demonstrates that, despite the absence of a direct legal consolidation of punishments for abuse of reputation as an intangible benefit, reputation as a legal phenomenon did exist in social relations of that period of time. The research methodology is based on general scientific and specific research methods: historical, theoretical, comparative-legal, the methods of analysis, synthesis and others. The scientific novelty of the study consists in the conclusion about the existence of such an intangible benefit as reputation on the base of the existing knowledge base in the sphere of Russian law history in its early stage of development (12th – 13th centuries). The author defines the cause-and-effect linkage of infringement on personal integrity as an intangible benefit, with other types of intangible benefits, such as honor and dignity, and a further negative impact on an intangible benefit of the higher level, such as personal reputation. The author reveals the criteria of definition of the degree of infringement on personal reputation, the consequences of such a violation depending on the social level of a person whose reputation has been damaged by unlawful actions. Besides, the author formulates the proposals about the improvement of current civil legislation in order to regulate social relations in the sphere of intangible benefits more effectively. 
Zherebchikov D.P. - Child abandonment and infanticide in the Russian provinces: historical and legal aspects (case study of the provinces of the Central Black Earth Region of the late 19th – the early 20th century) pp. 89-103

DOI:
10.25136/2409-7136.2017.8.22167

Abstract: When considering the sphere of social deviations, one should give attention to gender factors, i.e. the peculiarities of criminal and deviant behavior of men and women. In the period of modernization of the late 19th – the early 20th century, part of Russian population chose deviant model of behavior, and the crime rate increased. Among typical female crimes of that period the author points out child abandonment and infanticide. The subject of crime was a female person, specifically, a mother, and the object of crime was a child, more often, illegitimate. The author studies the Central Black Earth Region – a rural, patriarchal, peasant, weakly urbanized provincial region of European Russia. The study is interdisciplinary. The methods of social history and legal analysis reveal the problem under study from different scientific positions and as a historical and legal phenomenon as a whole. The scientific novelty consists in the variety of the applied approaches. The author introduces previously unpublished scientific data. The problem under study is topical. The phenomenon of infanticide is still present in Russian society in marginalized segments of the population. Gender factors are still important for the study of modern forms of deviant behavior. 
Shirko T.I. - The problems of legislative regulation of local authorities organization in Russia in 1990 – 1992 pp. 95-106

DOI:
10.7256/2409-7136.2016.9.20155

Abstract: The research subject is the system of Russian legislation regulating the organization and work of local authorities in 1990 – 1992. Since the late 1980s, the attempts have been made in the USSR to regulate the issues of legislative guaranteeing of local authorities’ work by means of amending and altering the current legislation. The author considers the dynamics and contradictions of Russian lawmaking in this period and analyzes the legal concepts of local authorities reforming. The generalization and interpretation of the results are carried out on the base of general scientific principles of historicism, objectivity and systematicity. The author applies the comparative-legal, formal-legal, historical-genetic and historical-comparative methods. The research methodology is based on the modernization theory and the concepts of structural-functional analysis, the theories of separation of powers, federalism and the institutional approach. The author concludes that in 1990 – 1992, despite all the legislative efforts, the conceptual legislative base, ensuring the organization and activities of local authorities, hasn’t been created. The author pays particular attention to the contradictions between legal norms and new demands of state development in statutory instruments. The author notes that the main concept of development of the legislation in that period was the integrity violation within the legal system, the attempts at its de-sovietization in the context of preservation of the conceptual framework of the socialist legal system, the breach between the legislation and its practical implementation, the borrowing of legal institutions without understanding of their importance for the state system. 
Alekseeva M.G. - HISTORICAL AND LEGAL ASPECTS OF FINANCIAL CONTROL IN RUSSIA AT THE LOCAL LEVEL (the late XVII century - the October Revolution of 1917) pp. 102-123

DOI:
10.7256/2409-7136.2015.3.14609

Abstract: The article considers the development of financial control in Russia at the local level. The analysis covers the period of XVII-XIX centuries. The author studies the basic reforms of the Russian legislation in the field of financial control. The main local institutions of financial control (voivodes, departments, government boards etc.), as well as the structure and jurisdiction of national audit institutions. The author traces the periodicity of financial control development in pre-revolutionary Russia, where effective financial control was established only in the middle of the XIX century. The author uses the classical methods of juridical science. The author focuses on the historical and legal analysis of normative acts. The author supposes that local financial control in pre-revolutionary Russia could be characterized as centralized, that is typical for any absolute monarchy, but at the same time, as deconcentrated. Such a characteristics is based on the fact that financial control was entrusted to local representatives of the state authority, instead of the local governments or their representatives. 
Popova E. - On the issue of participation of clergy in the formation of social influence institution for the correction of convicts in XIX - early XX centuries. pp. 105-111

DOI:
10.7256/2305-9699.2013.11.1005

Abstract: The author studies the role of clergy in formation of the social influence institution in the procedure of correction of convicts. From the time when the Philantropic Society was formed, the initiative of clergy towards the convicts, which was previously sporadic and unregulated became systemic and ordered. The representatives of the Russian Orthodox Church took active part in pastoral direction of convicts, formaton of rules for religious rites during the transits, which later had legislative value, organization of education and libraries in prisons.  All of the work of the Church was aimed towards moral reeductaion of convicts by support of their religious beliefs and positive spiritual qualities. By forming the policy of social influence as means of correction of convicts in XIX and early XX century the state attempted to use the moral and spiritual potential of the church for the correction of criminals, as well as for the purpose of their  inner rebirth under the influence of moral norms and repention.
Belkovets L., . - Restoration by the Soviet Government of Russian (Soviet Union) citizenship or re-emigrants among the members of the White Movement and the political emigrants. pp. 106-169

DOI:
10.7256/2305-9699.2014.4.11410

Abstract: The article concerns the policy of the Soviet government towards the participants of the White movement and the political emigrants in 1920s-1930s. The author studied the processes of restoration of the Russian citizenship and return of the emigrants to their Motherland. The Soviet government used various means to fight ideological opponents and counterrevolution, but it allowed the amnesty for all the former Russian citizens, who have not committed grievous crimes against it, allowing them to return to their Motherland or to restore their Russian (Soviet) citizenship.  The author showed the process of cooperation between the People's Commissariat for Foreign Affairs and the Supreme Commissioner of the League of Nations Fridtjof  Nansen on the issues of refugees and repatriations of the "Russian refugees". The author expresses an original (for the modern attitudes) point of view on the problem of "philosophical ship" of 1922. Based upon the combination of historical and legal facts with the use of the scientific evaluation method and based upon the achievements of Russian and foreign historiography, the author attempted to form a picture of historic reality, which is very close to the objective truth.  The legislation of the RSFSR (SSSR) on the issue of citizenship of the "former Russian nationals" in 1920s- 1930s was defined by the revolutionary events in Russia, as well as consequences of the World War and the Civil War.  The policy of the Soviet Government was aimed at fighting counter-revolutionary organizations, who continued anti-Soviet activities and wished to return the property, that they have lost.  It was only towards such persons and entities that the government actively used limitation and deprivation of citizenship rights in order to support its position and to protect itself from external and internal enemies.  But the Soviet state took every effort to keep the citizenship for the Russians, who were willing to take part in the formation of a new society and a new state without exploitation and oppression.
El'chaninova O.Y., El'chaninov A.P. - Continuity and novations in law-making activities of Empress Anna Ioannovna pp. 112-126

DOI:
10.7256/2409-7136.2015.8.15681

Abstract: The subject of the research is the legislative system of the 1730th – the 1740th. The authors attempt to objectively assess certain institutions of the system of law of the Russian Empire in the reign of Anna Ioannovna. Special attention is paid to the specificity of the form and the content of legal acts. The authors prove that the legal practice of that period was unstable and imperfect. The authors note a significant influence of German law-making culture on the form and the content of legal documents. At the same time it is shown that a great deal of legal acts had a bulky and unstructured linguistic form without a division into clauses, paragraphs, etc. On the base of the logical and system-structural methods the authors consider the types of the sources of law of this historical period, analyze and structure them. The authors come to the following conclusions: during the reign of Anna Ioannovna there had been made an unsuccessful attempt to separate the court from the administrative bodies; the Senate had again been made the highest appellate judicial institution; the 1714 primogeniture act had been abrogated; the issues of the responsibilities of the authorities had been actively managed; special attention had been paid to the activities of fiscal bodies and to the regulation of the military department; the system of criminal penalties remained unchanged except for the toughening of sanctions for state crimes. 
Abdulin R.S. - Notes on the margins of the monograph "The agencie of special justice in the USSR in the 1930s-1950s" pp. 116-125

DOI:
10.7256/2409-7136.2017.1.21617

Abstract: The author considers the inaccuracies and mistakes made by the authors of the multi-authored monograph in legal terminology. In the author’s opinion, it is necessary for legal terminology to accurately reflect not only the realia of the studied historical period, but also the legislative and other legal instruments of that period. It is necessary to be scientifically correct, evaluating the scientific works, reports and statements of practitioners. And certainly, subjectivism and prejudgment are absolutely unacceptable in a work, aspiring to be a scientific one. The author applies general scientific and special research methods including analysis and synthesis, abstraction, the system-structural, historical and genetic, comparative-legal, topological and other methods of analysis. The author uses the dialectical method of cognition which is the methodological base of the study. The author concludes that it is impossible to study any sphere, including jurisprudence, without a good command of a special vocabulary. Even the rapid development of science and the appearance of new terms doesn’t excuse change and substitution of the existing system of legal terms, causing problems of their interpretation. 
Kodan S.V. - The Estate Legislation in the Policy of the Russian Supreme Government (1800 - 1850's) pp. 117-145
Abstract: Important elements of the Russian government related to state organization and social management, s.s. form of government, state and law structure and state regime, were legally fixed in the first half of XIX century. Legal fixation of the place and role of the subject in estate stratification of the Russian society was used as the main tool of implementation of a political regime and social management in the Russian empire. The author of the article describes the role and meaning of estate stratification of a society in social management of the Russian empire. The author studies the political and legal context of the problem and shows the legal nature of estates as well as systematizatoin of estate legislation as a part of the Code of Laws of the Russian Empire. The author also analyzes the Code of Laws on Conditions of 1832-1857 in terms of the fundamental principles of the legal status of the main groups of estates. 
Kurbanov R.A. - Regional integration in Africa: Central African Customs and Economic Union pp. 120-131

DOI:
10.7256/2409-7136.2015.4.14843

Abstract: Integration processes are now the integral part of global development. Virtually, all modern states are participating in at least one regional association, and often in several at once, depending on the objectives pursued by the organization.The African continent is not an exception, where the history of the integration process accounts for decades. Initially, the regional associations had been created among the countries in the basins of the rivers. Later the associations covered the entire regions of the continent - Central Africa, Southern Africa, West Africa etc. Finally, the currently existing African Union includes virtually all states of the African continent.Many of the previously created associations are not existing now, but their experience and achievements can serve for the efficient development of the existing regional organizations.One of those organizations was the Central African Customs and Economic Union, created in 1964 and existed until 1999.The analysis of UDEAC activity is important for two reasons. Firstly, it is the first successful example of regional association on the African continent. Secondly, it has become the base for the most successful African regional organization - the Economic and Monetary Community of Central Africa (CEMAC).
Kodan S.V., . - Local law of the Baltic provinces within the legal system of the Russian Empire: integration, systematization and unification (XVIII - early XX centuries). pp. 125-147

DOI:
10.7256/2305-9699.2013.7.626

Abstract: Inclusion of the Baltic regions into the Muscovy started in 1700 - 1721 during the war with Sweden, and it brought into the Russian legal system a social and territorial area with a complicated system of particular sources of law, reflecting its former inclusion into the Baltic territories of the Livonian Confederation (XIII - XVI centuries), and then into the Swedish Kingdom (Esthland, Livonia). Inclusion of the Kurland into the Russian Empire after the third separation of the Polish-Lithuanian Commonwealth in 1795 completed the inclusion of the Baltic provinces into the Russian Empire.  The various layers of legal information from the former states of the Baltic provinces did not facilitate integration of the local law into the legal system of the Russian Empire, and it was an obstacle to a normal development of legal practice. The measures taken to clarify the local laws both before and after the territories were included into the Russian Empire in XVIII - first quarter of XIX centuries were not successful.  Systematization of local sources of law in 1930 - mid-1940s was an important stage of formation of local law in the Baltic provinces, and in 1845 the first and second part of the Code of Local Laws of the Baltic provinces became an important stage of it as well.  In 1864 the third part of the Code was adopted, and it included civil law provisions of particular law. In 1840-1860 the criminal and procedural legislation of the Baltic provinces was substituted with the Russian legislation. The said issues became the subject of analysis in this article.
Abaturov A.I. - Formation of the Institution of Post-Penitentiary Control in Russia (1844 - 2009) pp. 134-173
Abstract: The article is devoted to the issues of legislative initiatives of Russian state authorities for the purpose of minimization of recidivism by means of supervision and control over persons released from places of detention during the period of time since 1844 till 2009. Based on archives and research papers, the author analyzes the stages of formation of post-penitentiary control and its initial purposes and transformations along with the development of the country's political system. It all emphasizes the need in constant preventive measures with persons who are released from places of detention and potentially ready to commit a new crime. 
Kodan S.V. - Creation of the Fundamental Laws of the Russian Empire by the Law Making Committee (1800 - 1820) pp. 149-175
Abstract: Throughout XVIII - first quarter of XIX centuries the issue of determination and combination of fundamental laws regarding the position of supreme power in Russia was within the sight of the Russian governerns. The issue was finally solved only in 1832 when the Code of Laws of the Russian Empire was passed out. It was solved within the framework of the Fundamental State Laws provisions. However, certain efforts were already put forth towards solving the issue in XVIII and early XIX, especially by the Law Making Commission when it passed the first draft Core Law of the Russian Empire of Gustav Adolf von Rosenkampf in 1804 and defined the basis of legislative activity in the Grounds of Russian Law in 1815. The author of the article describes the first attempts of defining the contents and preparing the draft Fundamental Laws of the Russian Federation by the Law Making Committee in 1790-1820. 
Krasnyakov N.I. - Modernization of the Empire government institutions in Russia in XVIII - early XIX century. pp. 149-174

DOI:
10.7256/2305-9699.2013.10.9767

Abstract: The article includes analysis of stages, vectors and contents of the development of the Empire administrative institution in the period since XVIII till early XIX century. The author singles out the tendencies: unification, centralization, bureaucratization, autonomous functioning in some regions within territorial and branch-related implementation levels.  The author then makes a conclusion on practical consideration of existing territorial and legislative statuses of the regions prior to their annexing to the Russian Empire. And it is only in the epoch of Catherine the II that the traditional measures - centralization and central concentration of government - are eased, however, the direction towards support of absolutist state remains. The author evaluates Ministry Departments, which became independent central government bodies in early XIX century as being overly centralized and making government overly official and bureaucratic.  As a result, the lack of clarity in competence of government institutions, as well as the right of Governors General and Governors to address the Monarch directly, lead to misalignment in the functioning of the state mechanism.
Bezgin V.B. - Rural Public Administration and its Representatives As They Were Viewed by Russian Peasants (second half of XIX - beginning of XX centuries) pp. 155-192

DOI:
10.7256/2305-9699.2013.2.514

Abstract: Based on the analysis of numerous archives, the author of the article describes the attitude of rural population towards local government and its representatives. The author describes how village community assemblies functioned  and made their decisions and how peasants perceived activities performed by elected representatives of rural public administration. The author also describes the nature of rural administration activities as well as attitude of local population towards it. 
Vasil'ev A.M. - Capital punishment in Russia: the gravest and exclusive punishment, deterrence or policy? pp. 159-195

DOI:
10.7256/2305-9699.2013.4.674

Abstract: The article concerns capital punishment as one of the measures of punishment existing in history of Russian law. The author analyzes the period when legislative provisions for capital punishment has appeared, he studies evolution of this institution as well as the possibilities for abolishment of capital punishment in Russia within the framework of civil society formation.  The author analyzes the situation which developed in the Russian Federation after the moratorium for capital punishment was introduced, and he makes a conclusion that this moratorium does not correspond the mindset of most Russian citizens towards judges and humanity.  The author points out the problems regarding capital punishment, and pays attention to many aspects of this problem. The problem of capital punishment is complicated, it has large scope and many layers, it has political, ethical and legal dimensions, and it is one of important elements of international and domestic law.  The discussions on preservation of this type of punishment are ongoing for many centuries, and they are not likely to stop anytime soon.  It is undoubted that  this punishment is the most radical measure of state revenge upon a person, who has violated legal imperatives, as provided by the state, and it is aimed at preservation of moral and legal norms established by the state power. 
Tomtosov A.A. - Formation and Development of the Law on Lottery in the Russian State: Historical and Legal Aspects pp. 171-195
Abstract: The author of the article describes formation and development of the law on lottery in the Russian State. The author divides the formation of the law on lottery in Russia into the three historical periods, each of them having its special features and patterns: pre-revolutionary period, Soviet period and modern Russian period. The author describes each historical period in detail and analyzes regulations and standards of legal regulation of lottery activities in our country. The author also makes certain conclusions that characterize legal regulation of lottery in Russia at eah period of its development. 
Grigor'eva O.G. - Historical Stages of Development of Inter-Court Assistance for Civil Cases in the Soviet Law pp. 174-187
Abstract: The author of the article describes historical stages of development of the institution of inter-court assistance for civil cases in the Soviet law. The main factors influencing this process include the internatinal law policy of the Soviet State as well international standards in the sphere of protection of the human rights and freedoms. Methodological method is used as the main method of the research. The first stage of the development of this legal instituate falls on 1917-1921, the second stage - on 1922 - 1928, the third stage - on 1929 - 1941, the fourth stage - on 1945 - 1957, and the final stage of development of inter-court assistance in civil cases falls on 1957 - 1991. The author analyzes the Soviet Union internatinal relations at each stage of the development, its international law obligations and interna Soviet legislation including constitutional, civil, procedural and matrimonial laws as well as laws on notariat and civil registration. 
Bezgin V.B. - Infanticide and criminal abortion in the rural Russia: past and present. pp. 196-229

DOI:
10.7256/2305-9699.2013.4.653

Abstract: The author provides a historical legal study on the issue of infanticide and criminal abortions in the rural Russia. Based upon the archive documents and ethnographical sources, he establishes how infanticide was evaluated by the state legislation and customary law ofpeasants, as well as the attitudes towards this type of crime among the Russian villagers.  He establishes the level of spread of child murdering and criminal abortions in the rural areas in late XIX and early XX centuries. He studies methods and motives for infanticides, as well as specific features of criminal cases of this type.  He also analyzes a criminal abortion as a type of "female" crime.  He discusses legislative interpretation of abortion, and reaction of the peasants to such facts, as well as the causes making women abort their pregnancies.  The material includes comparative analysis of the situation in  late XIX and early XX centuries and the current situation.
Kodan S.V., . - Local civil law of Georgia within the framework of legal regulation in the Caucasus (1800s to1850s). pp. 197-219

DOI:
10.7256/2305-9699.2013.6.613

Abstract: When the peoples of Caucasia and Transcaucasia were included into the Russian Empire, the Russian government supported local Georgian law in the sphere of its civil law jurisdiction. The Russian government took measures to translate into Russian and sanction the "Georgian law", such as the Code of Prince Vakhtang, which was officially published by the Directing Senate in 1828. General codification of Russian legislation in 1826-1832 and introduction of the Code of Civil Laws moved the local and central administration towards unification of particular and general Empire law.  On October 20, 1859, Tsak Alexander the II had approved the decision of the Caucasian Committee to substitute the Code of Prince Vakhtang with the general laws of the Empire, and the key provisions of Georgian law, which reflected civil laws specificities of the region, were included into the Code of Laws of the Russian Empire.  From that time on the local Georgian law ceased to exist as an independent source, while it was included into general Russian private law regulation. The article concerns the processes regarding use of Georgian local civil law in the regulation of civil law relations in the Caucasus in 1800s - 1850s.
Belkovets L. - Foreigners in the Soviet Russia (the USSR): regulation of their legal status and stay (1917-1939). Part 2. pp. 220-284

DOI:
10.7256/2305-9699.2013.6.808

Abstract: The article contains analysis of legal status of foreigners in the Soviet Russia in 1920s - 1930s. The author provides analysis of domestic legislation, international treaties and special literature, as well as of Russian and foreign archives.  The author then studies the general legal status of foreign citizens and some specific categories, such as workers and peasants, intellectuals (doctors, teachers, engineers, etc.). The author establishes the fact that in the RSFSR the foreign citizens had a wide scope rights, including political rights, such as electoral rights, civil rights, including proprietary, family and marital, labor relations, right to judicial protection. The author also studied special status of the German citizens in the USSR according to the treaty law, regime of their stay, order for entering and leaving the RSFSR and USSR for the foreign and Soviet citizens, the procedure of acquiry of the Soviet citizenship by the foreign nationals.  The author also studies the novelties in the law on citizenship of 1938. The author then makes a conclusion that there was a national regime for the foreigners in Russia at the said period of time. It is reflect in almost full equality in rights provided to the foreigners residing in its territory "for labor purposes" and the citizens themselves. 
Kodan S.V., . - Formation and development of local law in Bessarabia within the Russian Empire (1812-1917). pp. 230-285

DOI:
10.7256/2305-9699.2013.4.502

Abstract: Bessarabia was a social and territorial entity within the Russian Empire, where the model of local self government with evident autonomy elements was formed in the Russian state. It influenced the processes of integration of hte Bessarabian law into the system of law of the Russian Empire, and it had two stages of development. On the first stage (1812-1828) the local law in Bessarabia was recognized as an autonomous system of legal norms, and on the second stage (starting from 1828) the legislation was unified in the public law sphere, while the local law remained in the system of civil law, and special laws were passed by the Russian government for this region.  The article concerns the above-mentioned issues.
Kodan S.V., . - Local law of the Grand Principality of Finland in the legal system of the Russian Empire: integration, sources, transformation (1808-1917). pp. 258-317

DOI:
10.7256/2305-9699.2013.3.498

Abstract: The Grand Principality of Finland was included into the Russian Empire in 1808, and it became the first social and territorial area in the Russian Empire, which recieved an upheld till early XX century complete localization of state and legal system within the framework of the Russian statehood.  Establishing the boundaries of the Muskovy in XI - XVII century and annexion of part of the Finnish lands of the Swedish Kingdom to Russia in XVIII century posed a problem of legal position of Finns as Russian citizens, and the formation of the Grand Principality of Finland posed a problem of local Finnish law within its system. The article is devoted to integration processes, the authors shows sources and changes in the particular law of this national region within the Russian Empire.
Kodan S.V., . - Situation, development and unification of the local law of the Little Russia and the Western Provinces (second half of XVII - first half of XIX centuries) pp. 268-295

DOI:
10.7256/2305-9699.2013.5.579

Abstract: The "Little Russia" lands (in 1654- Ukraine  and the provinces taken from Poland;  in 1772-1807 - Belarus and Lithuenia (the Western Provinces) formed a national region with the sources of law, which were rather close to the Russian law.  The 1 and 2 Lithuanian Statutes were in force in it with some specificities.  In addition to them the "Little Russia Law"  was based upon the Magdeburg city law, the privileges of the Polish and Lithuanian kings, etc. The law of the Western provinces was not limited to the Lithuanian Statutes.  The Polish and Lithuaninan legislation were in force there. The attemtps to codify the "Little Russia" sources of law and to make the Code were taken since the fourth quarter of XVIII century. In 1743 a draft of codified law was made, and it was entitled "The Judicial Laws of the People of Little Russia", but it was not sanctioned by the government. The second attempt to codify the laws of the Western provinces took place within the framework of the Code of Laws of hte Russian Empire and the attempts to codify legislations of some provinces in special codes.  The official publication of hte Lithuanian Statute had followed.  In 1830-1838 the 2nd Division of the Chancery of Her Magesty brought up a draft of the Code of Local Laws of the Western Provinces, but this project was not approved by the crown due to political reasons and vast variety of its sources.  The process of unification of the legislations of the Little Russia and the Western provinces reflected the will of the Russian governemnt to dissolve the independency elements in the local governments of these regions and to unify the legislation in accordance with the all-Russian laws.  On January 1, 1831 the by an Order to the Senate  Tsar Nicolas the 1st has terminated the application of the Lithuanian Status in Belarus, and by the Order of June 25, 1840 the Tsar terminated its application throughout the Western province, while specific provisions in the Code of Civil Laws  (Vol.10 of hte Laws of the Russian Emprie of 1842 and 1857) were provided for its regulation.  Some specific provisions of the Lithuanian Statute remained only in Poltava and Chernigov Provinces due to the specific of the civil turnover, and the local law in the region practically ceased to exist.  The article concerns the aspects regarding integration of the people and territories of the Little Russia, Belarus and Lithuanian in the Russian state, which formed the basis for singling out the particular law in the Russian legal system.
Kabanov P.A. - Political crime in Russia: criminological analysis of the historical development pp. 285-304

DOI:
10.7256/2305-9699.2013.1.474

Abstract: This article considers the main issues relating to the existence of and the dynamic changes to political crime in Russia in relation to the legal, doctrinal and societal perception of political crime and its various forms, from Kievan Rus' to the end of the twentieth century. Using historical and legal sources, available statistical data, and various academic publications of both Russian and foreign experts, the author distinguishes two types of political crime - violent political crime and non-violent political crime, both of which are extant in modern Russian society. The qualitative and quantitative indicators of these varieties of political crime are constantly changing. At different times, different qualities of both types of political crime appear and disappear, and the situation can change dramatically, driven by various groups of objective social factors. The organization of political power of government is essential in determining the status of political crime in Russia and its perception in society. The widespread use of electoral technologies in the formation of state and local government is increasing and will lead to the growth of a special kind of political crime - electoral crime.
Bezgin V.B. - Theft in Russian villages in second half of XIX and early XX centuries. pp. 285-319

DOI:
10.7256/2305-9699.2013.6.5112

Abstract: The article includes analysis of theft as a type of crimes against property in Russian villages in second half of XIX and early XX centuries.  Based upon a wide range of archive and ethnographical sources the author discusses the elements of customary legal attitudes of the Russian peasants towards encroachments of property of other persons.  The author uncovers the causes of growth of crime among the peasants, including growing number of thefts in the villages at  the said period.  He also provides for attitudes towards theft, theft from churches, horse theft among the village people.  He studies the forms of non-judicial punishments of criminals by the peasants, specific features of justice for peasants and forms of punishments applied to the criminals by the district courts. The article contains analysis of differences between customary law and provisions of official legislation on responsibility for the theft.
Belkovets L. - Foreigners in the Soviet Russia (the USSR): regulation of their legal status and stay (1917-1939). Part 1. pp. 296-350

DOI:
10.7256/2305-9699.2013.5.796

Abstract: The article contains analysis of legal status of foreigners in the Soviet Russia in 1920s - 1930s. The author provides analysis of domestic legislation, international treaties and special literature, as well as of Russian and foreign archives. The author then studies the general legal status of foreign citizens and some specific categories, such as workers and peasants, intellectuals (doctors, teachers, engineers, etc.). The author establishes the fact that in the RSFSR the foreign citizens had a wide scope rights, including political rights, such as electoral rights, civil rights, including proprietary, family and marital, labor relations, right to judicial protection. The author also studied special status of the German citizens in the USSR according to the treaty law, regime of their stay, order for entering and leaving the RSFSR and USSR for the foreign and Soviet citizens, the procedure of acquiry of the Soviet citizenship by the foreign nationals. The author also studies the novelties in the law on citizenship of 1938. The author then makes a conclusion that there was a national regime for the foreigners in Russia at the said period of time. It is reflect in almost full equality in rights provided to the foreigners residing in its territory "for labor purposes" and the citizens themselves. 
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