Politics and Society - rubric Legal history

Abstract: It’s been over sixty years since the defeat of German nazism by the united forces of East and West, the relationship between Russia and Germany has changed since then and they are now economical and political partners. However, a variety of neo-nazi and racist groups, parties and movements keep functioning in Europe and their popularity among the youth, as well as among the part of the population, which is hostile toward foreigners, is immense. These tendencies are obvious in the “old Europe” (such as Germany, Austria, Denmark, Norway, Holland), as well as in a number of post-Soviet European countries (such as Latvia). As a result, the “enlightened Europe” has become not only the center of liberal and tolerant ideas, but a world export center of nazi ideology. The author of this article reviews the issue of historical roots of nazism in political and cultural life of a society.

Abstract: The well-known Russian writer and historian N.M. Karamzin, when asked to define the situation in Russia in 1810 in short, said: “Everyone steals”. The famous Russian poet A.S. Pushkin characterized the Russian bureaucracy of 1822 by saying that “Starting with the Councellor to the smallest of the protocol keepers, everyone was stealing and everything was for sale”. It does not seem that the time mended the problem. Currently (and not for the first time either), there are more and more people speaking in favor for more cruel sanctions applied to the officials, who are involved in bribery”. However, once the powers of the law-enforcement bodies are broadened beyond the certain extent, there is another evil – the tyranny of the law-enforcement bodies. This article by I.L. Trunov is devoted to the historical analysis of the issue, and it also includes practics.

Abstract: It is well known, that the key categories of comparative legal studies are those of “legal system” and “legal family”. Their existence is not subject to much scientific discussion, however, it is at times hard to draw a line betweeen them, especially taking into account existing “filial” and “hybrid” legal orders…In this article the review of “filial” legal orders is based upon the example of the common law legal family.

Abstract: The Plenipotentiary Representatives of the President of the Russian Federation at the Federal Districts of the Russian Federation form an imporant part of the federal system in the Russian Federation. This article by K.N. Cherkasov is devoted to the key stages of development of the legal institution of the Plenipotentiaries. In his mind, one should find the first provisions for this legal institution in the 1990s…

Abstract: Throughout the election process there are numerous violations of the legislation, among which one of the worst is misleading the voters. In order to achieve their victory in the elections the candidate and the parties promise various benefits to the voters, however, once they win, most of these promises are soon forgotten. This article by V.I. Erygina is devoted to the study of responsibility of the political parties for the violations of law, as well as to analysis of the relationship between the political parties and the voters as a kind of a social contract…

Abstract: In Russia the history of land as private property have always had its specific features, and they influenced the development of the immovable property mortgage relation, when it comes to the mortgage of land. This article by M.S. Scherbinin contains analysis of the history of mortgage of the plots of land in Russia.

Abstract: This article is devoted to the process of transformation of the ancestral land law of the Bashkirs within the context of the General land-surveying of the Orenburg province – both its contents and its legal basis. As the authors of this article point out, the analysis of this institution allows to show the degree of integration of the land relations of the Bashkirs into the legal system of the Russian state in the early XIX century.

Abstract: The history of the land law in Russia is long, and, as the author of this article points out, the modern changes in land legislation and practice should be regarded, while taking into consideration the historical experience, which, in turn, calls for the further study of the history of right to land in Russia.

Abstract: The early Feudal law in Europe and in Russia paid much attention to responsibility for murder. As some scientists point out, in decisions on murder cases one can see the history of the crimes in general, since the history of the crimes against human life is quite similar to the history of crimes as a whole. This is true for the history of law of all nation states, including Russia. This article includes analysis of definition and types of murder under the provisions of the Russian Truth.

Abstract: As the author of this article points out, the Komsomol in the USSR controlled an important sphere of the Party’s work: the Communist influence on the young. In case, when in some towns or villages the Party organizations were small, many of their functions were given to the Komsomol. The Party provided for the principles of relations between the Komsomol and other government bodies, and thus have made it a kind of a Quasi – Ministry of Youth of the USSR…

Abstract: As the author points out, the Roman public law did not cast as much an influence on development of the jurisprudence in the European states, ad the Roman private law did. It lacked the perfection in expression of legal norms, and their originality. At the same time, it gave the world the separation of powers, and it’s value can’t be denied nowadays. The specific features of the Roman public law in the Archaic period is analyzed in this article.

Abstract: The article includes analysis of the Soviet legislation and speeches of its leaders, which defined the nature of policy towards church and religion at the time of transfer to forced construction of Socialism. The author characterizes the law-enforcement practice and results of its influence on social legal conscience and on formation of a new model of political behavior. Keywords: jurisprudence, church, religion, state, legal conscience, Komsomol, youth, Stalin, control, atheists

Abstract: The article contains the analysis of the Soviet legislation and speeches of the Soviet leaders which determined the policy regarding church and religion in the period of the forced construction of socialism. The author described the law enforcement practice of those times and the results of its influence on legal conscience and formation of a new model of political behavior.
Key words: studies of law, church, religion, government, legal conscience, Comsomol, youth, Stalin, control, atheists.

Abstract: The article is devoted to Slavophiles’ ideal of the government, — the absolute supremacy. The author described historical, spiritual and moral roots of the absolute supremacy as a Russian form of government in Slavophiles’ interpretation. The author criticized a tendentious point of view on the absolute supremacy viewing it as a destructive institute of empiric Russia and supported the ideal of the people’s monarchy, — committed and responsible service of the power for the people. Key words: studies of law, slavophiles, government, state traditions, absolute supremacy, land, land matter, power, empire

Abstract: Review: The author viewed conceptual views of Marxism and Leninism theorists on policy-and-justice relations. The author analyzed how Bolshevic political doctrine was connected with the theory and practice of law. Key words: studies of law, policy, justice, Marxism, Leninism, doctrine, dictatorship, nihilism, appropriateness, theory

Abstract: The authors viewed prerequisites of formation and evolution of Slavophiles’ teaching in the context of opposition of Western and Russian Churches. The author described grounds for traditional character and conservatism of Slavophiles’ views on philosophy and politics. The author also evidently criticized the thought of quintessence of Slavophiles’ teaching (the union of liberal, conservative and social ideas).

Keywords: studies of law, Slavophiles, conservatism, traditions, Orthodoxy, conciliarity, civilization, liberalism, love of wisdom, ideology

Abstract: The article describes the views of the American leader of anarchic individualism, Benjamin Tucker, on a state and government. The article contains the criticism of the theories of the social convention and natural law. The author also viewed the questions of connection between contractual and compulsory bases at a modern state.

Keywords: studies of law, Tucker, anarchism, individualism, USA, essence, confinement, legitimacy, state, revolution

Abstract: The author analyzed the formation of labor law and labor legislation. The article considers the issues of a personal employment in the history of law and analyzes formation of Russian factory law regulating relations between employers and workers. The author also paid attention at the meaning and role of a labor contract in labor relations.

Keywords: studies of law, labor law, Russia, personal employment, factory law, labor contract, politics, society, labor, labor relations

Abstract: The author studied the problem of interactions between the Cheka and revolution tribunals from the point of view of serious contradictions in their organizational and legal natures. The author also analyzed the process of differentiation of competence and powers between these two repressive authorities and certain attempts to give a more concrete legal status and minimize these contradictions between them.

Keywords: studies of law, revolution tribunals, Cheka (All-Russian Extraordinary Commission for Combating Counter-Revolution), interactions, competence, powers, legal status, conflict, differentiation, reform

Abstract: In the period of the Revolution and formation of the Republic idea, American political and law conceptions managed to combine numerous and very often contradictory sources. One of the intellectual tendencies of those times was Locke’s liberalism. Complicated synthesis of political conceptions of those times is also viewed based on the example of John Adams, major American ideologist of government and law. Special attention is given to the conception of freedom and slavery which later became the basis of the American revolutionary paradigm

Keywords: studies of law, Adams, Locke, liberalism, freedom, slavery, truth, human, thought, constitution

Abstract: The article reveals the signifi cant features of the concept ‘childhood’ related to this or that period of development of Russian state from ancientry to modern times. The author analyzes the changes in legal status of under age children throughout the historical path of development of our country. Special attention is paid at the evolution of the institution of protection of children’s rights, freedoms and legal interests. Based on her analysis, the author describes the positive tendencies typical for every period of in our history as well as the main problems of the institution of protection of children’s rights, freedoms and legal interests. As a result, the author concludes that there is a certain need in further improvement of that institution in the Russian Federation.

Keywords: studies of law, child, under age, children, childhood, period, up-bringing, protection, rights, interests.

Abstract: The article is dedicated to questions of theory and historical evolution of brunches of the corporation from the point of view of the Russian civil law

Keywords: firm, corporation, subdivision of the corporation, brunch of the corporation, firm representatives

Abstract: The article considers the basic legal conceptions of interrelation and correlation between state and district administrations developed in the Russian Empire during the times of district councils. The author makes an attempt to analyze the connection between those conceptions, the scientific views in the European states and the Land Reform and other reforms in modern Russia

Keywords: studies of law, law, state, power, self-government, district council, interrelation, conception, Russia, empire

Abstract: The article is devoted to the process of formation of institutions of political supremacy in the history of Russia. This process is described as realization of a certain model of relations between the three political elements of the society: sovereign, executors and subjects.

Keywords: studies of law, history, politics, law, unity, morals, power, sovereign, security, executor

Abstract: Development of the modern tax system of Russia is characterized by a constant growth of a number of crimes connected with violation of the Russian law on taxes and levies. As the analysis of the court and arbitration practice shows, the most widely spread tax crime is a tax evasion (based on the Ministry of Internal Affairs of the Russian Federation). Tax evasion is usually committed through performing false civil transactions. This is the issue this article deals with.

Keywords: studies of law, taxpayers, state institution, treaties, control, legislation, crime, participants, taxes, levies

Abstract: The article considers the issues of the theory and history of labor law from the point of view of motivation and stimulation of labor at factors and plants. The author studied the basic positions of the manufacturing law on labor. Certain role is given to labor discipline, labor schedule and punitive sanctions related to violation of the labor discipline. The article also contains a comparative analysis of the foreign and Russian legislation in the sphere of labor motivation at the end of the 19th century.

Keywords: studies of law, labor, professional unions, labor law, labor class, labor relations, stimulation, manufacturing law, motivation, labor discipline

Abstract: Plurality institution is one of the most important qualities of the civil society and democracy in modern Russia and political parties are the key factors to reinforcement of the democratic nature of the country. Due to the fact that establishment of plurality in Russia developed in many directions and underwent a number of serious stages, the author of the article makes an attempt to describe how the country transferred from the system of one party to the system of multiple parties. The author also analyzed the basic variants or ways of establishment of political parties in modern Russia and described the main problems related to improvement of legislation on political parties. The author also considered the latest legislative initiatives of the President of the RF declared at the meeting of the State Council on development of the political system of Russia held in January 2010.

Keywords: studies of law, pluralism, parties, constitutions, president, improvement, body of electors, council, Medvedev

Abstract: The article analyzes alternative positions of followers and opponents of the idea of the unified economic law. The authors described the most important achievements of scientific disputes on these topics which had formed the potentials and borders of the economic law doctrine and economy legislation. The authors also defined peculiarities of the planning system which had been the key approach during the period of the ‘commandand- control’ methods of regulating economy up until the 1980th.

Keywords: studies of law, economic law, commodity relations, economy legislation, property, commercial law, concepts, dualism of law, branch of law

Abstract: The article is devoted to the analysis of the origin of the Russian legal conscience as one of the forms of the public conscience. Based on the example of the Middle Volga Region, the authors reveal peculiarities of the legal conscience of the rural population in 1950- 1960. The authors focus on emotions and ideas of the rural society representing their attitude to law and legal phenomena from the point of view of the relationship between the peasantry and state institution.

Keywords: studies of law, legal conscience, legal standing, power, peasantry, law, legal order, violation of law, archetype, Volga Region.

Abstract: The article is devoted to historical and legal analysis of the issues of rehabilitation of the repressed peoples who have been deported in the middle of the 20 century in the USSR. In the article is given of modern historical and legal interpretation of the process of restoration of historical justice in respect of repressed peoples. Studied issues of relevance of the legal analysis of the problem. Considered the question of rehabilitation from the point of view of the construction of a legal state in the Russian Federation.

Keywords: Repressed people, deportation, rehabilitation, The USSR, North Caucasus, normative acts, state power, repression, right.

Abstract: The article considers the questions of the Soviet labor law and legal regulation of labor during the war. Mobilization of a great number of Soviet citizens in the Red Army and Navy, the fi rst hard months of the war due to evacuation of a number of plants into the eastern regions of the USSR required the entire system of labor relations to be reconstructed. It created new grounds for labor relations based not on the parties’ agreement but on mobilization of labor resources.

Keywords: law, labor, labor law, Great Patriotic War, mobilization of labor, labor resources, labor relations, USSR, regulatory acts, legal regulation.

DOI: 10.7256/2454-0684.2017.7.23717

Abstract: This article reveals the issues of influence of the climatic conditions upon the social development, including law and state. Analysis of the indicated questions regarding the possibility of similar climatic effect leads us to works of the famous French, English, and German scholars, who originated the concept of geographical (climatic) determinism. Charles-Louis Montesquieu is justifiable considered the founder of the aforementioned theory. Namely his work “The Spirit of the Laws” introduces the provisions that explain physiological, psychological, ethical, and social differences of the nations depending on the climatic conditions. Furthermore, the English school represented by Henry Thomas Buckle choses the more careful approach in the concept of climatic determinism, which as a result, forms the new movement of climatic possibilism – the system of views that presents natural environment as a prerequisite for social development. In works of the foreign and Russian successors, key attention is turned to the state legal aspect of the issue. The provided in the article positions and their analysis currently do not give reasons to the theoretical legal science for neglecting the climatic conditions as the objective circumstances accompanying the evolution of humanity and forms of state legal institutions.

Keywords: Jurisprudence, Climate, State, Social development, Law, Form of government, Passionarity theory of ethnogenesis, Montesquieu, Climatic possibilism, Climatic determinism

DOI: 10.7256/2454-0684.2013.6.6393

DOI: 10.7256/2454-0684.2017.10.24035

Abstract: The subject of this research is the interpretation by the renowned German social philosopher, legal expert, prominent representative of legal Neo-Kantianism R. Stammler (1856-1938) of the problem of “philosophy of law”, its disciplinary role and meaning in comprehension of law. The work accents attention on the problem of “philosophy of law” in Stammler’s legal consciousness due to the fact that through understanding and resolving namely this problematic have developed the most common features of its legal and socio-philosophical views. In reality, Stammler, having indicated the problem of “philosophy of law, on one hand encouraged the revival of interest towards the philosophy of law as such alongside the attempts to overcome the methodological monism in Kantianism manner; while on the other hand – using specific approaches towards substantiation of the personal legal understanding, Stammler rather contributed into the devaluation of the problem of “natural law” and strengthening of the positions of positivistic philosophy of law. The main conclusion lies in the statement that R. Stammler’s attitude to the problem of “natural law” and philosophy of law highlighted as central in the overall combination of his legal and socio-philosophical views, in terms of content of his major works did not encouraged the “revival of natural law” and overcoming of the methodological monism in comprehension and interpretation of the political-legal problematic, but instead, created the philosophical explanation for consolidating the position of positivistic philosophy of law and subsequent devaluation of the natural-legal type of legal consciousness, as a result requiring the occurrence of the “pure legal doctrine”.

Keywords: Pure forms of legal knowledge, Principle of historicism, Social philosophy, Positivism, Natural law, Valid law, Philosophy of law, Critical theory of law, Legal doctrine, Stammler

DOI: 10.7256/2454-0684.2017.3.22193

Abstract: The subject of this research is the problem of comparison, correlation, and interpretation of the link between the sociologically oriented teaching of Jhering on law and the social theory of Marx. Both thinkers, being contemporaries, have developed and formulated the original social theories, in which they referred to the discussion of similar sociopolitical problematic, theoretically substantiating social development and social changes by the use of analogous categories and notions: struggle, interests, and active participation of the contemporaries. However, they remained antagonistic in the initial positions, as well as the answers to the raised questions, thus interpreted the factors of social development very differently. The article analyzes the commonness of the ideological origins of both thinkers in Hegel’s philosophy and their desire to make sense of things. The scientific novelty of this research consists in determination and substantiation of the general and peculiar aspects of social theories of Jhering and Marx. The author demonstrates the complete opposition of the aimed at constant radical reformation of reality socio-revolutionary theory of the Socialist Marx and the liberal -evolutionary, based on the recognition of law as the key factor of development and suggesting the liberal program, of socially active processes of contemporaries, social theory of Jhering. The author concludes that the views of both thinker developed in parallel from the general ideological origins, and did not produce a significant impact upon each other.

Keywords: Social structure, Interests of classes, Interests, Progress of law, Class warfare, Living conditions of society, Struggle for law, Social development, Marx, Jhering

DOI: 10.7256/2454-0684.2020.1.32705

Abstract: The U.S. lawyers played the leading role in organization and arrangement of the International Military Tribunal for the Far East (IMTFE) intended for trial of the main Japanese war criminals. Tribunal was established by a charter issued by the U.S. Army General Douglas MacArthur, who was appointed as a Supreme Commander for the Allied Powers in Japan. Therefore, prevalence of Anglo-Saxon legal family is evident in the practice of tribunal. One of them is the use of affidavit in the Tokyo International Military Tribunal. The article applies the method of comparative legal studies; conducts analysis of the legal norms stipulated in decrees of the tribunals. Dogmatic method is employed for interpretation of legal norms presented in the decrees. The author examines the practice of presenting and usage of affidavit in the course of judicial procedure in the International Military Tribunal for the Far East. Affidavits were provided into the tribunal by prosecution witnesses, as well as by defendants themselves. The article also demonstrated the use of affidavits by the U.S. administration for political purposes.

Keywords: history of international law, war criminals, international military tribunal, international criminal justice, Affidavit, Inernational law, MacArthur, IMTFE, World War II, Tokyo Tribunal

DOI: 10.7256/2454-0684.2022.4.33030

Abstract: The article discusses some aspects of the legal defense of the defendants of the International Military Tribunal for the Trial and Punishment of the Main War Criminals of the European Axis Countries and the International Military Tribunal for the Far East. A comparative analysis of the provisions of the Statutes of international Tribunals concerning the rights of the accused to defense is given. The rights of the defendants are considered in detail, including the right to defend themselves personally, the right to choose a lawyer, and the right to provide evidence. The article is carried out within the framework of the study of the history of international criminal justice and the history of the formation of international criminal law. The analysis of some modern problems in the field of ensuring the rights of defendants to defense in the activities of the International Tribunal for the Former Yugoslavia (ICTY), as well as their origins found in the activities of the ICTY, is carried out. Using the methods of comparative jurisprudence, the analysis of the norms of law established in the statutes of the Tribunals was carried out. The dogmatic method is applied in the interpretation of the norms of law set forth in the statutes. The dogmatic method is applied in the interpretation of the norms of law set forth in the statutes. The author concludes that some modern problems of international criminal justice originate in post-war tribunals. Thus, violations of the rights of the accused by the ICTY had their historical roots in the form of norms laid down in the Statute of the Tokyo Tribunal. A proposal was made on the need to develop basic rules for granting the right of protection to defendants, based on the experience of international criminal trials. It is also concluded that it is necessary to exclude the possibility of pressure from international courts, judges and prosecutors themselves on defenders. For this purpose, it is proposed to provide for the impossibility for judges to arbitrarily ban unwanted lawyers from participating in the process. It is also proposed to introduce a direct ban on the appointment of a lawyer to the defendant against his will and to provide for the possibility of recusal of a lawyer only in the case of a proven crime against the administration of international justice.

Keywords: Inernational law, international criminal justice, international military tribunal, war criminals, history of international law, World War II, Tokyo Tribunal, Nuremberg Tribunal, right to defense, attorney

Abstract: This article of T.M. Svinina is devoted to the study of the topical issues of self-identification of a human being throughout his life, and influence of catastrophes and upheavals on this process. In particular, in this article there is a detailed study of the consequences of the Hiroshima bombing for the survivors (“the nuclear decease”).

Abstract: The attitude towards the Russian land as a generally stable agrarian community of the Slavic and the indigenous peoples, the so-called “Land of Cities” (Gardariki) differentiates the city from the usual settlement… This article by Professor Yeremyan is devoted to the complications of the social structure of the Russian city as a mirror of the entire Russian society of that time.

Abstract: From the early XIX century the legal culture of the peoples of the Kabardino – Balkaria had quite a pluralistic character, and its judicial practice combined Shariat law and traditional customs. In spite of the great changes, which took place in XX century the legal conscience of the Kabardins and the Balkarians still included traditional features. Considering the influence of the Islam in the modern social processes, the study of Shariat courts in the polyjuridical legal system seems topical.

Abstract: The paper argues that the legal framework concerning the situation of the person in the Roman law (caput, status, commercium, connubium, iniuria) was assimilated of Romano-Germanic law, and determined the development of the following principles which served as the basis for exemption from liability - good faith (bona fide), case (casus) and force majeure (vis maior).

Keywords: Roman and civil law, exemption from liability, good faith (bona fide), case (casus) and force majeure (vis maior).

DOI: 10.7256/2454-0684.2018.2.25620

Abstract: Within the social structure of Russian society of the XIX century was allocated the population group of foreigners, who in accordance with the Brockhaus and Efron Encyclopedic Dictionary, contained the non-Slavic nationals, primarily Mongolian, Turkic, and Finnish were given a special status. The goal of this article is the determination of peculiarities of management system of the indicated social group. The subject of research is the main segment of foreigner public administration in the Russian Empire that includes the government structure, judiciary, and taxation in the XIX – early XX centuries. Method of comparative jurisprudence and historical-political research allowed examining the normative content of the indicated legal acts, as well as define the specificities of foreigner management system in the XIX – early XX century in the context of the existed socio-historical and political factors in chronological sequence. The main conclusion lies in the fact that the government authorities through integrating the outskirt territories into the national government power structure, aimed to standardize their management, but at the same time, introduce the polyvariant management models, taking into account the local peculiarities. The scientific novelty lies in comprehensive analysis of the imperial normative legal acts that regulate the life of foreigners in Russia.

Keywords: government taxes, selfgovernment, management system, taxation, judicial system, Russian empire, integration, foreigner, yasak, customary law

Abstract: Boris Nikolaevich Chicherin (1828—1904) left a remarkable trace in Russian history of law and politics. His concept of development of the Russian state institution was not left unnoticed in Russian academic society. Famous Russian historians and lawyers such as Kluchevsky, Soloviev, Belyaev and Korkunov discussed Chicherin’s doctrine from different points of view. Many ideas presented by the Russian researchers play a significant role in today’s science and are often used by modern historians.

Keywords: history, state institution, freedom, liberalism, school (of law), reforms, reaction, theory (organic theory), Slavophiles, Westerners.

Abstract: Dear Reader! You’ve just read the article by the late Academician V.S. Nersesyants, which did not have to do with his main field of interest and work – the phylosophy of law. Moreover, this article was never ever published before now….

Abstract: In the present work, a comparative analysis of political and legal views of the two polar doctrines of late Antiquity and the Early Middle Ages: Christianity and Gnosticism is conducted. The aim of the author is to show the causes of this confl ict and to consider the possible consequences of this struggle in the genesis of European law. There is a task set before author to analyze a situation in which the Gnostic doctrines laid the foundation of the new states (such for example as a Manichean Sasanian empire) in early medieval Europe, and to draw conclusions about the social and legal implications of such political legal entities.

Keywords: Gnosticism, Christianity, theology, philosophy of law

Abstract: The article is devoted to the role and place of class stratification of the society in social government of the Russian empire. The author of the article studies the political and legal context of the problem, describes the legal nature of classes and systematizes the relevant laws as a part of the Code of Laws of the Russian Empire. The author also analyzes the Code of Laws on the Status published in 1832-1857 for the grounds of legal status of the main classes.

Keywords: history of Russian state institution and law, structure of society, organization of government, state regime, classes, status, class legislation, Code of Laws of the Russian Empire, Code of Laws on the Status.

Abstract: The article defi nes the role of the religion and law in formation of the most powerful early medieval state institution - the Arab caliphate. The author of the article emphasizes features of origin of the Arab religion (Islam) and the state institution (caliphate). The main aspects of formation of the law and the legislation are also analyzed. Mohammed’s fi gure as a prophet and political leader is considered. Respectively, a number of conclusions about infl uence of religion and the right to caliphate formation are made.

Keywords: caliphate, Islam, Sharia, Koran, Sunna, Idzhma.

DOI: 10.7256/2454-0684.2017.2.18560

Abstract: The object of this research is the public relations that emerge in the process of the work of law enforcement agencies regarding the evacuation of population and material values during the period of Great Patriotic War. The subject of this work is the normative legal acts that regulate the activity of the law enforcement agencies on this matter. The author carefully examines the key directions of the work of law enforcement agencies, namely: resolution of the questions of displacement, employment, and living assistance of the evacuated citizens and refugees; realization of protection of the socialist property; preservation of social order; struggle against work evasion; realization of the preventative measures on avoidance of the spy covert actions of the German special services; realization of control over execution of sanitary rules in crowded places; placement of evacuated children from the near-front zones. The scientific novelty consists in the act that the author is first in the Russian jurisprudence to conduct a complex analysis of the organizational-legal foundations of the work of law enforcement agencies on ensuring evacuation of population and material values during the period of Great Patriotic War. The efficient organization of work, regulated by the normative-legal acts of the war time, allowed the law enforcement agencies carrying out the set tasks on evacuation, reception and placement of population and material values under the severe conditions.

Keywords: Material values, Enterprises, Economic functions, Industry, Great Patriotic War, Order, Decree, Charter, Law enforcement agencies, Evacuation

Abstract: The article is devoted to peculiarities of formation of legal culture in the North of Mesopotamia in the period since XX till XIII BC (before an empire was created in the considered territory). The author of the article describes peculiarities of legal culture in the mentioned region on the basis of a detailed research of public law documents: Middle Assyrian laws and private law sources discovered in Assur and trade centers of the Asia Minor – Kanesh and Alishar. The leading role of such trade unions was played by Assur’s descendants who did not only keep close ties with metropolis but also governed trade colonies by the means of legal institutions very similar to the institutions in their native land. The main legal instrument of trade was the social court that was the copy of the existing judicial system in Assur. Decisions made at such courts became precedents that could be used as a source of public laws and law enforcement acts in the future.

Keywords: history, legal culture, judicial authorities, exemption law, sources of the public law, private law document, law-enforcement acts, advocate, legal cases, court procedure.

DOI: 10.7256/2454-0684.2017.5.20290

Abstract: This article examines the question of preparation of specialists for juridical services in Prussia in the late XIX – early XX centuries. Based on the comprehension of texts of the separate legal sources, including those published using the Gothic script, the authors are firsts in the Russian literature to introduce into the scientific circulation the results of fundamental studies of the German legal scholars directly concerning the historical legal development and reorganization of the system of juridical education in Germany. The scientific novelty of this work consists in determination of the substantial impact of Prussian tradition of preparation of legal personnel upon the formation of the German nationwide system of juridical education, the modern structure of which is characterized as “dual-phase”, consisting of the “university education” and “legal Referendariat” (i.e. preliminary service). Such conclusion will be valuable or the Russian specialists in the field of educational law, who pay due attention to the modern comparative studies, as well as others interested in trends and issues of modernization of the Russian and foreign juridical education.

Keywords: content of training, sources of educational law, evolution of preparation of lawyers, system of juridical education, Prussia, Germany, Auskultatur, Referendariat, state exams, career advancement

Abstract: The article describes the process of implementation of administrative activity by public control and administrative authorities of the 18th century based on archives kept by the funds of the Russian Record Offi ce of Ancient Acts. Taking into account the collegial form of administrative decision-making process in the 18th century, special attention is paid at the procedure of transformation of the collegial will into a concrete administrative order. This procedure involved documents recording the process of making the collegial decision as well as order documents bringing these decisions to executors. The former included protocols and journals and the latter included orders. The article gives examples of these documents and describes the procedure of their publication. The author also marks out another important tendency in documentation of administrative activity during that period which involved brining orders by supreme authorities to lower layers through a number of orders of the Senate and collegiums repeating the contents of initiative documents. It is currently a traditional function of state authorities which refl ects the process of administrative activity ‘in pursuance’. The article shows that this procedure was fi rst formed in the 18th century.

Keywords: political science, history, order, decree, protocol, journal, document, decision, collegiums, activity.

DOI: 10.7256/2454-0684.2013.1.54013

Abstract: The article is devoted to the bodies of compulsory execution of judgments as one of the most important links of state mechanism, passed a long way of formation and development. One of the significant moments of the Russian history, in particular, on institute of judicial execution, judicial reform of 1922 by which the uniform system of bodies of judicial execution with essentially new organizational beginnings of their activity was actually founded was cardinally affected. It was reflected and in process of formation of personnel structure of judicial performers, and on development to a state policy concerning the last. However this moment didn’t receive due recognition in domestic jurisprudence in this connection, there was a need of carrying out the corresponding research for the purpose of creation of the fullest and authentic historical and legal picture of those years regarding the organization and activity of domestic judicial executive bodies.

Keywords: judicial performer, provincial court, national court, representative of provincial court, district bureau of justice, district executive committee.

Abstract: The article is devoted to the issues of using political and legal methodological approaches to the general theory of state institution in researches o history of state-legal development of Russia during XIX – early XX centuries. Based on general theoretical provisions concerning legal policy as a trend of managing infl uence of a state institution on the legal environment of social life, the author makes an emphasis on possibilities and importance of their use as methodological approaches to studying historical and legal processes and institutions. Special attention is paid at trends of future political and legal researches as a refl ection of political managing infl uence on the legal environment of the Russian society’s life and institutionalization. The article also shows opportunities of using political and legal methods in studying the process of modernization of the state-legal system in Russia during XIX – early XX centuries.

Keywords: studies of law, history of state and law, methods o history of state and law, legal development of the society, interactions between politics and legal system of the society, legal policy, legal system of the society, trends of legal policy, legality, legal order.

DOI: 10.7256/2454-0684.2013.1.54014

Abstract: The article is devoted to the role and place of local sources of Baltic laws in legal policy and development of legal regulation in this particular region. The author describes the process of defining principles of relations between Russian supreme power and legalization of particular legal orders in Baltic region. The author also analyzes the attempts of codification committees to systematize the sources of particular Baltic law in 1720-1820. Special attention is paid at the course of creation of the Code of Local Laws of Baltic Provinces – the first and the only act of systematization of particular legal grounds in national regions of the Russian empire. The first two parts of the Code were passed in 1845 and the third part came into force in 1864. The author also describes the sources, principles and rules of their creation, legal nature, procedures for these laws being viewed and approved by the emperor as well as final implementation of the Code of Local Laws of Baltic Provinces.

Keywords: legal studies, history of state and Russian law, Russian empire, Russian legal state, sources of law, system of law, legislation system, local laws, Code of Local Laws of Baltic Provinces.

DOI: 10.7256/2454-0684.2016.1.17631

Abstract: The authors consider the fire case as an independent economic sector, urban and rural improvement in Kursk province in the second half of the XIX century Notes that despite the relatively good material and technical provision of fire protection, the number of fires did not decrease compared with the first half of the nineteenth century, and the damage from the largest of them grew. It is revealed that the main reason for this was the widespread violation of the requirements of the Construction Charter in a continuous urban sprawl. The emphasis is on the need to establish binding rules on the prevention of all types of fires and struggle with them, the implementation of which should be the prerogative of local governments. Methodological basis of work was the principles of historicism and scientific objectivity. Specific research methods were used: historical andcomparative, problem-chronological and analytical. The paper shows that in the second half of the nineteenth century in Kursk province, despite the difficulties, has been paid close attention to the development and modernization of the firefighting business as important factor of socio-economic development of the region. The study of this experience deserves great attention in the current environment and implementation of effective fire prevention measures and the development of appropriate financial mechanisms for their implementation.

DOI: 10.7256/2454-0684.2016.1.54511

Keywords: Kursk Zemstvo, fire fighting, fire protection, historical experience, Kursk province, ocal govermnent, fire officials, fire brigades, voluntary fire brigades, Construction Charter

Abstract: Great Russian philosopher Boris Nikolaevich Chicherin (1828—1904) paid much attention at the concept of state institution. He suggested the concept of state power based in ideology of liberal conservatism and his concept raised controversial responses from Russian scientists most of whom followed liberal or socio-democratic ideas. Their opinions were later used by the Soviet and modern Russian historians.

Keywords: history, state institution, freedom, liberalism, conservatism, reforms, reaction, power, doctrine, school (law school).

Abstract: In this paper we fi rst study the remnants of the institute “customary law” in the modern Tajik society, both in terms of legal science (Roman law, the modern fi eld of law) as well as historical and ethnographic sciences. During a comprehensive study of this interesting subject the author noted the following specifi c points: fi rst, the rules of customary law in the mountain Tajiks have very deep historical roots, and secondly, a strong ideological struggle of the state in Soviet times to oust them from a life not been successful; in Third, some rules of “Sharia” transformed under the infl uence of customary law, rather than on turnover, in the fourth, in Soviet times, mostly eradicated norm “Sharia” in the everyday life of mountain Tajiks.

Keywords: legal system, “Odate, ” customary law, Roman law, liability law, family law, real law, Muslim law, etc.

Abstract: Many issues related to the forms of statehood, which still retain their topicality and cause much discussion among the scholars, legal practitioners and state officials, were the subject of studies of the Russian legal scholars before the Russian Revolution. This article is aimed at analysis of the views of such prominent legal scholars, as N.M. Korkunov, S.A. Kotlyarevsky, F.F. Kokoshkin, N.I. Lazarevsky, N.I. Palienko, on this issue.

Abstract: The article is focused on legal regulation of guarantees of independence of judges at Russia’s spiritual courts during the Þ rst decades after the reform. The author studies the process of developing the Draft Main Provisions of Transformation of Spiritual Courts enforcing the main guarantees of independence of judges at spiritual courts. It is concluded that conservatism of Russian Orthodox Church caused certain obstacles for far-reaching reforms of a spiritual court. This is why the principle of independence of spiritual judges was not enforced until the Revolution of 1917 despite all minor reforms ongoing back in those times.

Keywords: judicial reform, independency of judges, irremovability of judges, judicial statutes, archiereus, consistory, Synodus.

Abstract: This is a review of a book by Professor of Sociology J.P. Eigen, which is devoted to a number of judicial proceedings, which took place in London in the middle of XIX century, and which concerned the crimes committed by the persons in the state of aberration. Their psychic condition did not fall into the criteria of diminished responsibility, as recognized by the English legal system of that time, and that is why such accused persons posed quite a problem for the courts, for example, if their acts were committed at the time of sleep-walking or a convulsive fit. The key sources for the author’s study were the judicial reports, known as Old Bailey Sessions Papers (OBSP), starting from the 1674, which have been published till the early XX century.

Abstract: Intellectual legacy left by a famous Russian political philosopher, Borish Chicherin, still attracts attention of almost all humanitarian researchers such as philosophers, sociologists, lawyers and political experts. Researchers study paternalistic vies of the philosopher from different points of view. Comprehensive study of modern historiography of the problem allows to describe objective tendencies of Boris Chicherin’s teaching and provides the general picture of his conceptins.

Keywords: history, evolution of opinions, conservative liberailsm, Liberal conservatism, Social concept, state school, constitutional monarchy.

Abstract: The article investigates the policy of the Russian Soviet Federal Socialist Republic (RSFSR) in the relation of Latvian state in the Þ rst half of the 1920th. Contracts which regulated the process of recognition process of independence of Latvia, background and conditions of the Latvian-Russian relations, the main thing from which was Russian-German opposition, were studied. Conclusions about the policy answering to the general principles of international law, to geopolitical interests of the Russian state and to the interests of the Latvian people and state on the threshold of the future new world war have been made.

Keywords: Latvia, Russia, Germany, Soviet power, background, agreement, conditions, recognition, independence, relation.

Abstract: The article analyzes the main approaches to understanding crime as a social phenomenon. The article describes the causes of crime and ways of prevention of crime described in works by Russian great minds of the 18th century.

Keywords: studies of law, crime, Enlightenment, 18th century, Russian minds, Ivan Pososhkov, Akim Volynsky, Ekaterina P, Fedor Ushakov, Alexander Radishchev.

Abstract: The article is devoted to the historical and legal issues of establishment and development of human rights in Russia. The author describes stages of development of human rights in Russia and studies the problems and particular features of establishment and development of human rights in USSR.

Keywords: studies of law, human rights, history, Russia, USSR, civil rights, voting rights, personal rights, rights and freedoms, human rights.

Abstract: The article is devoted to the relationship between the Russian supreme power and local legal systems of peoples and territories composing the Russian Empire at the second half of the 17th – beginning of the 20th centuries. The author analyzes the problem of preservation of legal peculiarities of national regions as a part of enforcement of state and legal environment of Russia. Special attention is paid at the analysis of the basic tendencies in forming attitudes towards preservation and usage of particular legalizations in management of social processes in national regions with different levels of autonomy in the Russian Empire.

Keywords: studies of law, supreme power, internal policy, ethno-policy, Russian country, Russian empire, sources of the law, local law, local legal systems, local legalization code.

Abstract: The article studies the issues of labor legislation in Russia at the end of the 19th – beginning of the 20th century. It is the fi rst study of insurance legislation at the national level. Special attention is paid at the Russian experience of ‘police socialism’ based on which the fi rst attempt to establish the interaction between labor and capital was made. The author of the article also studies the Insurance Law of 1912 which formed the basis of insurance legislation in Russia.

Keywords: studies of law, Insurance Law of 1912, insurance, labor issue, legislation, voluntary insurance, police socialism, labor, capital, labor law.

DOI: 10.7256/2454-0684.2014.2.8490

DOI: 10.7256/2454-0684.2014.2.54190

Abstract: The author of the article analyzes the grounds for creation and development of neo-liberal political and legal doctrine as a synthesized ‘integral’ form of legal consciousness that is base on different ideological movements and schools being popular in Russia at the turn of XIXth – XXth centuries. The research article justifi es the author’s statement about co-existence of the three main branches of neo-liberalism: idealistic neo-liberalism, positivistic neo-liberalism and liberal socialism.

Keywords: legal studies, legal consciousness, integrated legal studies, neo-liberal political and legal doctrine, liberalism, school of restored natural law, religious metaphysics, legal positivism, social and psychological schools of law, social liberalism.

Abstract: The article analyzes the views of the representatives of the liberal thought – I. P. Pnin and K. F. German – on ways of reformation of the Russian state institution at the end of XVIII – beginning of XIX. Unfortunately, not so many scientists actually studied Pnin’s and German’s views although they did lay the theoretical basis for many future liberal ideas.

Keywords: studies of law, liberalism, XVIII, XIX centuries, Alexander the First, reforms, I. P. Pnin, K.F. German, statehood, transformation.

DOI: 10.7256/2454-0684.2014.3.11407

DOI: 10.7256/2454-0684.2014.3.54207

Abstract: The article contains provisions that are related to using personal sources in studying the history of state legal development of Russia. While the written sources are widely used in historical and literary researches, legal sciences use them quite rarely. Historians of the XVIIIth – early XXIth centuries developed rich historiographic data based on personal sources. Starting from the second half of the XIXth century, historians of law actively used personal sources in their researches of legal phenomena. At the same time, in recent researches on history of law and branches of law personal sources are used quite rarely and often as an illustration. Methodology of the present research article is based on established approaches to studying personal sources for the purpose of their adaptation to legal researches. The scientific importance and novelty of the article is that the author of the article summarizes different methodological and technical approaches to studying personal sources of information that are usually used in the humanities (history, literary studies and etc.) and analyzes their capacities for carrying out historical and regional law researches.

Keywords: law studies, history of law, sources of law studies, written sources, personal sources, historical law sources, diaries, correspondence, memoirs, stories told by foreigners.

DOI: 10.7256/2454-0684.2016.3.18175

Abstract: This article is dedicated to the examination of the fundamental positions of the Criminal Code of RSFSR of 1922 that establishes responsibility for actions, which in accordance with the current legislation, fell into the notion of extremism (extremist activity). Actions that qualify for the legal definition of extremism are included into various chapters and sections of the Criminal Code of the Russian Federation. In addition to that, the majority of them is referred to as crimes against the foundations of the constitutional structure and state security, as well as against public safety and order. The author conducts a complex analysis of legal norms of the Criminal Code of RSFSR of 1922 that regulate the responsibility for state crimes. The conclusion is made that the first codified source of criminal law of RFSR In defining the criteria of criminal-legal security was guided by the priority of securing the government authority and its interests. At the same time, in the 1922 Criminal Code, state crimes did not attain the parameters of thoroughly developed and constructed with consideration of the object of a crime system of the corresponding infringements. The notion of “counterrevolutionary crime” was formulated in the Criminal Code of 1922; based on this notion, the legislators also constructed separate components of such crimes. A complex analysis of these crimes allows concluding that they contained signs of extremist activity in its modern perception.

Keywords: Extremism, Counterrevolutionary crime , Incitement of animosity, Soviet government, Criminal Code, Agitation, Propagation, State crimes, Criminal liability, Punishment

DOI: 10.7256/2454-0684.2016.3.54539

Keywords: Extremism, Counterrevolutionary crime, Incitement of animosity, Soviet government, Criminal Code, Agitation, Propagation, State crimes, Criminal liability, Punishment

DOI: 10.7256/2454-0684.2014.5.10754

DOI: 10.7256/2454-0684.2014.5.54229

Abstract: The subject under review is the historical process of the genesis of criminal law in Ancient German tribes prior to the formation of the fi rst Barbarian kingdoms of the Merovingian epoch. The grounds for that genesis of law were the combination of socio-political and cultural-religious features of the seminomadic style of life and everyday life of Ancient Germans, their hostility, love for freedom and ‘the rule of force’. Peculiarities of community-based organizations and poetical mythopoetic refl ection of the surrounding world, combined as one whole, led to the formation of a completely different legal perception of Germans of the times of Caesar and Tacitus. The researcher uses the particular historical research method which is based on the analysis and scientifi c interpretation of historical and legal materials. Appearance of Ancient German tribes on the historical scene was caused by their migration and change of the territory which, in its turn, inevitably led to military collusions with the native population of conquered lands. This is where the rule of force comes from. The rule of force creates a special image of a warrior who underwent the initiation procedure and became a free legal entity. A captured enemy is an alien and not only an enemy but also a criminal who deserves the most severe punishment for showing resistance. The 'rule of force' and the 'right of war' are sanctioned by the supreme anthropomorphic gods who are close and understandable and therefore worthy of respect or blame. However, a heroic enemy sometimes can be worthy of respect too. The freedom of a legal entity is expressed in his right to fully participate in public life and decision making process regarding war and peace and justice. Even though the legal side of public life was not viewed as an individual sphere, it was invariant and at the same time simple and easy to understand for everyone. Legal customs were mostly formed by the social and political structure of the Ancient German society and at the same time they were inextricably entwined with religion which was susceptible to transformation, too. In many ways, the nature of the law genesis of Ancient Germans had a criminal law aspect because it was inseparably related to the solution of the most important issues (death, life, honor and blood feud) which had been initially referred to that sphere of legal regulation all over the world.

Keywords: law genesis, Ancient Germany, war, captive (prisoner), victim, Gauls, religion, mythology, opposition, Christianity.

DOI: 10.7256/2454-0684.2013.5.54077

Abstract: The publication is prepared within the Russian Humanitarian Science Fund science project №13-03-00383 «Source evaluation in history of state and Law in Russia (IX-early XX centuries) ». The issue of informational base of study of Law and state in its historical projection was, and is one of the key issues in legal history.The choice of sources for research is defined by the object of research, reflects the particular traits of this research and ensures its results. Thestudy of history of law and state sources originated in XVIII century in the works of Russian historians. During this century, sources of Law were being studied for the purpose of systematization of Law. During the first quarter of XIX century, general history research contributed substantially towards the discovery and development of the base for source studies for Law and state. At the same time, as the legal education and science developed, historical source study emerges in Russian jurisprudence. Theoretical and methodological basis for source studies, which were laid into research of Russian legists, present significant interest for modern research in this area. The article demonstrates the process of emergence and forming of source studies within the history of Law and state discipline in Russia in XVIII-early XIX centuries.

Keywords: Jurisprudence, history of Law and state, source studies of history of Law and state, legal science, legal history, methodology of source studies, sources of Law, legal monument, sources of legal science, published Law.

DOI: 10.7256/2454-0684.2013.5.54078

Abstract: The House of Lords of the British Parliament has been combining both, Legislative and Judicial authority for a very long time, which does not agree with the conventional views on democracy, and contradicts the principle of separation of powers, and the article focuses on the legal and historical preconditions for this development. Analyzing the main stages of historical growth of judicial prerogative of the Lords, the author also explores the factors which dictated the necessity of legal consolidation of such prerogative. The Constitutional Reform Act of 2005 deserves close attention, because its enactment resulted in factual reformation of Lords of Appeal into a new structural element of the British judicial system – the Supreme Court.

Keywords: History, Great Britain, Peers, precedent, Law, appeals, reforms, Conservative party, Labour party, modernization

DOI: 10.7256/2454-0684.2013.6.54087

Abstract: This article examines the theory and practice of using the theory of intimidation by the Bolsheviks as a method of public of administration in the civil war period. The author analyzes the preconditions of emergence of revolutionary terror, the practice and consequences of its use.

Keywords: Jurisprudence, intimidation, terror, Law, punishment, legitimacy, repressive organs, legal practice, state policy, security

DOI: 10.7256/2454-0684.2013.7.8941

DOI: 10.7256/2454-0684.2013.7.54101

Abstract: The article analyzes the procedure for electing a lawspeaker, the first person in early mediaeval Iceland. The author of the article describes the main ethical requirements for a lawspeaker as well as his main powers and responsibilities. A position of a lawspeaker (lögsogumaðr) in mediaeval Iceland was a bright phenomenon compared to the other social and political development of Scandinavian countries. Formation of state institutions in Denmark, Norway and Sweden was accompanied with the growing power of sea kings and appearing insignia. Iceland was an exception even though it had close relations with the countries of the Western Scandinavian group. At the end of the article the author concludes that dualism was typical for a position of a lawspeaker just like for the state management system of Iceland in general. On one hand, law speakear’s position had certain limitations because was available to all social groups and a lawspeaker was elected only for three years. On the other hand, there was a tendency towards succession of this position within one genus. Secondly, law speakers did not have any legal privileges or preferences. Lawspeakers had to observe the country’s laws and were criminally prosecuted. Adam Bremensky described that combination of rights and responsibilities by saying that “they had no other king except the law”.

Keywords: Iceland, lawspeaker, Middle Ages, Scandinavia, procedure, election, position, ethics, requirements, powers.

DOI: 10.7256/2454-0684.2013.7.8395

DOI: 10.7256/2454-0684.2013.7.54102

Abstract: Most of Russian modern legal provisions about tax crime were formed during the Soviet period. Their further developed was conditioned by changing social and economic living conditions. This is the topic the present article is devoted to.

Keywords: law studies, legislation, formation, development, taxes, levies, responsibility, production, taxpayer, taxation.

DOI: 10.7256/2454-0684.2015.7.15800

Abstract: The object of the research are the state transformations conducted in the Russian Empire in the beginning of XX century. In this respect the influence of the Western concept of the rule-of-law state has been evaluated. The author thoroughly examines internal essential characteristics of the rule-of-law state as the unity of four criterial complexes: ideological criterial complex (key significance of the rule of law principle in the state ideology), formal criterial complex (advanced legislation that consolidates a wide range of human rights and freedoms), practical criterial complex (real legislative execution and provision of rights and freedoms by effective guarantees of practical implementation), psychological criterial complex (high level of legal consciousness in the society, broad support of the rule of law principle among the population). Methodologically the research is based on the dialectic ontological method, complex of general (logical, historical, ascension from abstract to concrete thinking, etc.) and particular scientific methods (comparative legal studies, system structural analysis, explanation of laws, etc.). Scientific novelty of the study lies in the elaboration of a system of criterial complexes: ideological criterial complex, formal criterial complex, practical criterial complex, and psychological criterial complex for the evaluation of essential characteristics of a rule of law state. The article evaluates pre-revolutionary Russia with regard to its correspondence to the idea of the rule of law state using the elaborated system of criterial complexes.

Keywords: rule-of-law state, pre-revolutionary Russia, constitutionalism, rule of Nicholas II, Manifesto, improvement of state order, criterial complexes, ideology, formalism, characteristics

DOI: 10.7256/2454-0684.2015.7.54418

Keywords: rule-of-law state, pre-revolutionary Russia, constitutionalism, rule of Nicholas II, Manifesto, improvement of state order, criterial complexes, ideology, formalism, characteristics

DOI: 10.7256/2454-0684.2014.9.13057

DOI: 10.7256/2454-0684.2014.9.54280

Abstract: The article is devoted to the theoretical grounds and historical aspects of the Russian bicameralism at the beginning of the 20th century. The author describes the role of the State Duma and State Council in a two-chamber system of government and evaluation of bicameralism by Russian constitutionalists. In his research the author studies the principles of organization and interaction of the State Duma and State Council as the two chambers of the legislative system. The author takes into account historical and political conditions of reformation of the state structure in Russia that infl uenced the creation of the fi rst two-chamber system of the Russian government. The author also discusses opinions of state reformers expressed at the meeting in the Tsarskoye Selo held on February 14 and 16 in 1906 regarding the principle of equal rights of the chambers and the role and importance of bicameralism for the Russian state and institution of monarchy. Based on the comparative legal and particular historical methods of analysis the author describes the main methods of forming the parliament chambers (especially the upper chambers) in the constitutional states t the beginning of the 20th century and specifi cs of the Russian monarchic bicameralism. The author comes to the conclusions that the Russian monarchic bicameralism was infl uenced by the negative attitude of liberals and progressive community towards establishing the State Council as the upper chamber. Political views of Kadets on the upper chamber created the negative public opinion on the State Council in Russia. This is the reason why the representatives of the liberal and socialist parties saw the State Duma as the body of the representation of people and therefore refused to recognize the representative nature of the State Council. Political destiny of the monarchic bicameralism s the fi rst bicameralism in Russia was important both as the constitutional experience of interaction between legislative chambers at the overall national level but nevertheless failed to be demanded for improvement of the state structure.

Keywords: Parliament, bicameralism, political responsibility, State Duma, State Council, equal rights of chambers, constitutional monarchy, monarchic bicameralism, reformation of the state structure, law-making process.

DOI: 10.7256/2454-0684.2013.10.7706

DOI: 10.7256/2454-0684.2013.10.54142

Abstract: The author of the article raises very important issues of Russian legal regulation of drugstores and their profit activities. Based on the analysis of archive documents and regulatory acts that had been created since 1881 till 1912 in the Russian Empire, the author of the article describes the formation of legal regulation in this sphere. The purpose of such legal regulation, on one hand, was the provision of timely pharmaceutical aid to population, and on the other hand, protection of private drugstore business from wasting competition. The author of the article defi nes particular problems that arose between private drugstores and social drugstores and cover all stages of legal regulation of drugstore business back in those times. The author explains why such regulatory acts were needed and what provisions they contained.

Keywords: legal studies, pharmaceutics, drugstore, legislation, Doctor’s Charter, pills, sale, production, zemstvo (district council), pharmacist.

DOI: 10.7256/2454-0684.2015.9.14222

Abstract: The subject of the present article is the debate between Boris Chicherin and Vladimir Solovyov on the essence of law that took place in the second half of the XIX century. While the former was a classical liberal, who linked the essence of law solely with the values of freedom, the latter defended the understanding of law as some minimum of justice. Examining their views, the author shows that the arguments of these scholars are widespread among modern Russian jurists. Unfortunately, modern domestic legal science has not yet found a consensus on this fundamental issue. In the present paper the method of the unity of the historical and logical, together with the historical critical method are used, which allows to update the theoretical heritage of Boris Chicherin and Vladimir Solovyov. The content of the legislation and legal enforcement in the modern state directly depend on how we understand the nature of law. In order to remove the opposition of freedom and justice, the author proposes axiological understanding of constitutionalism as a theoretical form of legal consciousness, linking these values in a creative synthesis. On this basis it is possible to implement the norms and principles of the 1993 Constitution into the fabric of the Russian society.

Keywords: justice, freedom, legal consciousness, Vladimir Solovyov, Boris Chicherin, constitutionalism, law, moral, value, axiology

DOI: 10.7256/2454-0684.2015.9.54453

Keywords: justice, freedom, legal consciousness, Vladimir Solovyov, Boris Chicherin, constitutionalism, law, moral, value, axiology

DOI: 10.7256/2454-0684.2013.10.7661

DOI: 10.7256/2454-0684.2013.10.54143

Abstract: The article is devoted to one of the problems raised in neo-liberal political-legal doctrine of Russia at late XIX – early XX centuries. The structure of Russian neo-liberalism traditionally has an idealistic and positivistic trends, each of them has their own opinion of legal consciousness and future mechanism of government. The author of the present article analyzes views expressed by the followers of Russian neo-liberalism at the turn of XIX – XX centuries on identifi cation of Russia as a civilization. It has been conclude that Russia was regarded as a special form of civilization that was based on the combination of Western European and Eastern features.

Keywords: legal studies, type of civilization, neo-liberalism, slavophiles, Westerners, developmental place, theory of borrowing, political-legal thought, Eurasia, liberalism.

DOI: 10.7256/2454-0684.2015.9.16237

Abstract: The subject of the research in the present article is the history of establishment and development of the institution of coordination of international and foreign economic relations of the federal subjects of Russia. The aim of the paper is to determine how the new political and legal phenomenon was established during the crisis of the federal system in 1990-s, namely, the international activity of Russian regions, to analyse the genesis of legal regulation in the area, to show the connection between the political processes of sovereignisation and reinforcement of their international legal personality. The methodology of the study includes general and specific scientific methods. The leading research method was historical and legal method; formal legal and comparative legal approaches were also applied. As a result of the conducted study the author drew a conclusion that the international legal personality of the federal subjects of Russia is derivant from the international legal personality of the Russian Federation, is defined by the Constitution of the Russian Federation and the federal laws, cannot be compared to the federal legal personality when it comes to their volume, and cannot have the features of the legal personality of a state. There are two stages in the development of the legal institution of coordination of international and foreign economic relations. At the first stage legal regulation in this sphere is established, and the corresponding powers of the federal subjects are formed. This stage is characterised by an active intervention of the federal subjects into the area of federal regulation and unjustified broadening of powers. The second stage is different from the first one due to the established stable legal regulation, institutionalisation in the field of the implementation of coordination of international and foreign economic relations. The novelty of the paper lies in the fact that it analyses constitutional and other regulatory legal acts of Soviet and post-Soviet periods, as well as bilateral agreements and practice of the Constitutional Court of the Russian Federation from the point of view of formation of political and state-legal processes that provide the Russian regions with an opportunity to perform international activity. The development of regional cooperation with foreign partners is an important reserve of international connections if they are conducted in strict accordance with sovereignty and territorial integrity of Russia. The article highlights certain disadvantages in the legislative regulation in the studied area and provides the recommendations regarding their elimination. In modern political and legal science the study of the federalism-related problems is impossible without deep scientific analysis of certain historical conditions, as well as the genesis of legal means of regulation.

Keywords: state, Constitution, federalism, foreign economic relations, international relations, federal subject of Russia, region, law, Constitutional Court, sovereignty

DOI: 10.7256/2454-0684.2015.9.54454

Keywords: state, Constitution, federalism, foreign economic relations, international relations, federal subject of Russia, region, law, Constitutional Court, sovereignty

DOI: 10.7256/2454-0684.2013.11.7707

DOI: 10.7256/2454-0684.2013.11.54154

Abstract: The author of the article raises very important issues of legal regulation of Russian drugstore activities aimed at profi t earning. Based on analyzed archive documents and regulatory acts of the Russian Empire, the author describes the process of formation of the mechanism of legal regulation at the end of the XIX – beginning of the XX centuries. The purpose of that legal mechanism was, on the one hand, to provide timely pharmaceutical aid to population, and, on the other hand, to protect private drugstore business from wasting competition. Special attention is paid to the Law of 1912 on Some Changes in the Procedure of Opening a Drugstore. The author proves the need in accepting this law and analyzes the contents, peculiarities and diffi culties of the implementation process and outlines the main problems of co-existence of private drugstores and public drugstores.

Keywords: legal studies, pharmacy monopoly, privileges, formation of corporation without licensing or registration required for their validity, medicine, rate, municipal government authorities, district council, interpretation of laws.

DOI: 10.7256/2454-0684.2013.12.10619

DOI: 10.7256/2454-0684.2013.12.54166

Abstract: The subject of the research is the process of formation of the institution of marriage in Ancient Rome. The author of the article carries out the analysis of definitive aspects of marriage in Roman social and legal life and studies particular factors and conditions of marital cohabitation. The author of the article also studies historical and legal aspects of the relation between the institution of iustum matrimonium (marriage in law) and manus in the Roman law, evolution of the role of woman in the system of marital relations, the significance of the institution of dowry (dos) for development of the system of marriage and family relations in ancient Rome and the development of procedures of formalization of legal marriage in ancient Rome. In his research the author uses the dialectic-materialistic philosophical method, general scientific methods (system, deductive and inductive analysis and synthesis, comparative and historical analysis). The author also uses special law methods (formal logical (dogmatic), comparative and historical law methods). Scientific novelty is the proof of the difference between legal constructions of manus and marriage based on new facts and data. Manus and marriage were two different phenomena of the Roman law. They appeared at different times and were aimed at solution of different social tasks. In this regard, the author of the article proves the thesis about manus being a complicated social construct of unlimited domination of a man over a woman for the purpose of economic benefits and exploitation of woman’s physical and childbearing features but not a special form of cohabitation of man and woman and historical prerequisite of a legal marriage.

Keywords: Roman marriage, confarreatio, dowry, iustum matrimonium, manus, cum manu, sine manu, conventio in manum, usus.

DOI: 10.7256/2454-0684.2014.12.13972

DOI: 10.7256/2454-0684.2014.12.54320

Abstract: Based on the analysis of published materials and archives of the Central Historical Archive of the City of Moscow (Document Storage Center till 1917), the author of the article examines the issues of state regulation of hotel business in pre-revolutionary Moscow. In his research Degtyarev analyzes the applicable legislation and problems associated with running a hotel in old Moscow, taxation, security, regulation of allowable additional services, etc. The main purpose of the research is to define the main task to be solved in the process of state regulation of hotel business. The methodological basis for the research involves the fundamental principles of historicism and objectivist. These principles allowed to view hotel business based on the analysis of documents and interaction with other phenomena. Having analyzed unpublished and practically never studied archives, Degtyarev concludes that in that period hotel business was under strict control and regulation of the government. The researcher proves that the government had the fiscal interest in the regulation of hotel business. The government needed regular cash proceeds from a developing and promising business both for the purposes of local self-government and state budget.