DOI: 10.7256/2409-868X.2017.4.22551

Abstract: The subject of this research is the problem of formation and theoretical-methodological arrangement of Jhering’s sociological approach to law. The establishment of sociologically oriented legal theory of Jhering is being traced based on determination and examination of the specific theoretical and methodological constructs with consideration of the gradual immersion and improvement of his legal understanding towards the integral sociological oriented legal worldview. The article reviews the problem of formation and application of the original methods of legal knowledge and legal understanding (structural-descriptive functional analysis of law alongside empirical-analytical research, description of social legal reality and factors of social development, the crucial of which is law) in composition of the Viennese and Göttingenian periods. The scientific novelty consists in analysis, revelation, and characterization of the certain theoretical constructs and implemented by the thinker methods that in assemblage define the legal theory of Jhering as one of the first sociological theories of law. The conclusion is made that Jhering’s sociologism was being formed as anti-legalistic ideology aimed at transition from the study of law as a normative system towards the explanation of law using the category of social reality and various mechanisms of realization of sociality by the virtue of law (law as a factor of social stability, social identification, and social integration).  

DOI: 10.7256/2409-868X.2017.4.22535

Abstract: The subject of this research is the question of establishment and theoretical-methodological arrangement of the sociological approach to law in the works of Jhering. The establishment of Jhering’s sociologically oriented legal theory is traced on the basis of determination and examination of the specific theoretical and methodological constructs, considering the successive extension and improvement of his legal understanding aimed at the integral sociologically oriented legal outlook. The article reviews Jhering’s attitude towards the historical school, as well as the role of the “jurisprudence of notions” in establishment of his sociological legal understanding. The scientific novelty consists in analysis, identification, and description of the particular theoretical constructs and applied by the thinker methods, which in collectively characterize Jhering’s legal theory as one of the first sociological theories of law. The conclusion is made that the “jurisprudence of notions” was just a theoretical-ideological foundation of the interpretation of law as a structurally organized wholeness, as well as subject by Jhering to substantial modification already in the early large compositions (first volume of the “Spirit of the Roman Law”) from the transition from examination of law as a normative system towards the explanation of law using the category of social reality.

DOI: 10.7256/2409-868X.2017.4.22574

Abstract: After the declaration of the Republic of Turkey former unionists became Kemalists and started the implementation of many modenizational reforms. Though republican government was paying huge attention to the transformation of the society, the results were not the ones anticipated. Westernization touched only small part of the population. Meanwhile, the traditional Turkish society continued to live according to pre-republican socio-cultural settings. In this condition government transformed into an authoritarian regime. Until 1945 Turkish authoritarianism (with clear tendencies towards totalitarianism) stressed the role of the leader of the country. First two presidents - Mustafa Kemal Atatürk and Ismet İnönü – created personality cults in order to make the authoritarian system to work. The construction of the cult was part of communication between state and society. It was implemented through different mediums. One of them was literature. Verbal fabrication of the sacrality of president was a strong way to translate images of power to the masses. “National Chief” Inonu often used this for his cult. Literature mixed Western political art with Turkic/Islamic traditional iconography, which provided more inclusivity and publicity. Using the example of literature in service of National Chief as an illustration of construction of charismatic leadership in authoritarian regimes of non-western societies, this paper demonstrates some of its main features and evaluation. This is extremely important to understand modern day authoritarian tendencies in Turkey and wider Middle East, which use these mechanisms in a way, they did during authoritarian modernization in 20th century. We provided translations of the original literary works, accompanied with more large background.

DOI: 10.7256/2409-868X.2017.4.22223

Abstract: Typical variety of modernization in modern historical paradigm Based on analysis of the existing points of view, this article substantiates the possibility of application of modernization theory to the historical research for various countries, including the period of Imperial Russia. The author underlines that it is necessary to consider the peculiarities of modernization processes in the history of different states, as well as determines that the relevance of modernization discourse suggest the necessary examination of its diverse aspects. In particular, an important problem lies in highlighting and characterizing the types of modernization for revelation of its specificity in various countries. The methodology of this work is based on the classical interpretation of modernization (transition from the traditional society to modern) as the most applicable to historical research. The conclusion is made that most acceptable is the classification of the types of modernization based on the complex approach, which suggests the study of modernization manifestations in multiple spheres of social life. The author’s characteristic is provided of the specificities and processes that take place within the framework of economic, social, demographic, political, and spiritual modernization.

DOI: 10.7256/2409-868X.2017.4.18553

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

DOI: 10.7256/2409-868X.2017.4.18370

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

DOI: 10.7256/2409-868X.2017.4.22172

Abstract: The subject of this research is the noble, ducal, large industrial and foreign last names, who settled in Tsaritsyno as the countrymen over the period of 1880’s – 1910’s. The objects is the peculiarities of development of the countrymen movement in the late XIX – early XX centuries. The goal of this article is to trace the interconnection between the members of the Orthodox congregation that resided in the large architectural complex of the times of Catherine the Great Tsaritsyno and the process of establishment of the country life around it, using the materials from the Moscow Central State Archive. This article is prepared based on introduction into the scientific discourse of the new archive information, accumulated by the author in the Moscow Central State Archive, which preserved the documents on the history of the Life-Giving Spring Church, and particularly, metrical books of the temple. The author pursued correlation of the data about the countrymen and the congregation, who referred to the church for realization of various Orthodox rituals. The work also applied the materials of a so-called “verbal history” – the interview with descendants of the priests of the Life-Giving Spring Church in Tsaritsyno. The author is first to examine the intersection of the live of Orthodox parishes and the countrymen movements of the late XIX – early XX centuries from such perspective. This approach allowed determining the interconnection of the organization of suburban settlements in places with the active spiritual life under. The new social slice of the Orthodox congregation, when the single organization united the people of various social classes, gradually led to establishment of the other structures in Russian society. 

DOI: 10.7256/2409-868X.2017.4.22389

Abstract: The subject of this research is the non-institutional factors that affected the popularity (level electoral support) of the populist parties in Sweden over the period of 2006-2014: portion of immigrants; change in the portion of immigrants; level of economic wellness of the residents; level of unemployment; level of crime; low level of education of the voters; “historical predisposition” to voting for the populists. Identification of these factors is realized based on the analysis of results of participation in the elections to Riksdag of the party “Sweden Democrats” – the leading populist political power in Sweden at that time. Results of the research demonstrate that the popularity of the “Sweden Democrats” was observed in the regions with the lower level of social wellness, higher level of crime and unemployment, and with more uneducated people among the voters. At the same time, voting for the populists at parliamentary elections, the Swedish voters were on one hand concerned about the number of immigrants from the European countries, which can manifest as their competitors in job market, and on the other – by the dynamic of the increased number of culturally alien immigrants from the non-European countries. The author’s special contribution consists in determination of the following regularity: with the growing popularity of the populist party, the influence of immigration factors alongside the factor of “historical predisposition” towards voting gradually reduces, while the influence of socioeconomic factors increases.

DOI: 10.7256/2409-868X.2017.4.18559

Abstract: The subject of this work is the legal ideas of Ivan Grigorevich Schwartz – prominent representative of masonry in Russia, tenured Professor of philosophy at Moscow University. The author analyzes the origins of and the content of the lectures Schwarz G. I. "three knowledges: curious, pleasant and useful" (1782), lectures at the University (1782) and public lectures (1782-1783), "the Reasoning in the collections of the Friendly learned society" (1782) in relation to law and the doctrine of Russian Freemasons of the XVIII century. This article provides an understanding of the views of I. G. Schwartz for the state, law, morality within the meaning of the terms and categories of the XVIII century and their relation to the doctrine of Russian Freemasonry of the XVIII century. For this purpose the author has used religious-philosophical and historical-legal methods of research. Legal ideas of I. G. Schwartz are the result of religious and philosophical speculation on the nature of man and his place in society. The article shows the role of law, science and itself in religious and social life of man. In his lectures, Schwartz uses such notions as "law", "citizen", "position", "justice", "state" and etc. Schwartz claims that it is necessary for a person to comply with positive law – the existing laws, because this is human nature, pursuit to improvement, return to the Creator, or the original ancient ideal.

DOI: 10.7256/2409-868X.2017.4.19546

Abstract: The subject of this research is the relationship between the censure apparatus of the Bashkir Autonomous Soviet Socialist Republic  and the theatres of Ufa at the initial stage of the Great Patriotic War. The article confirms a generally known fact that the highly ideological and heroic-patriotic spectacle was considered exceptionally relevant. Nevertheless, the understanding that the war had divided the audience into various categories, indicated a number of serious questions that pertain to serving each of the category of spectators. During the course of this research, it was established that for performances in the military recruiting stations, was selected primarily the ideological repertoire, aimed at increase of the battle spirit of the recruited, and mostly the concert format has been chosen for realization of work. The ideological and political orientation was dominating in the theatrical activity, which looks rather obvious. Public festivities occasioned with various events were regularly taking place in Ufa; extreme popularity gained the genre of operetta. In addition to this, the provincial theatres has certain contacts with the local censure; there is a record of precedent, when the representative of the central censure apparatus criticized the Ufimian theaters for excessive freedom and noncompliance with the all written rules for the pre-premiere approval of a spectacle. The author notes that there is no common image of the Soviet censure; it is a product of its time, a complicated social phenomenon.

DOI: 10.7256/2409-868X.2017.4.22336

Abstract: The subject of the study is urban sculptures in context of the history of Vladivostok. This paper researched the sculptures according to the three aspects of the city: Vladivostok as a marine city, military and revolutionary city, and a city with figures of the tiger. The first view is related to the appearance of the city and its geographical location. For this reason in the pre-Soviet Russia Vladivostok was the main port in the Far East. In the first half of 20-th century this city served as a military-revolutionary city. As the main military base and the Russian eastern gate it protected the Far Eastern frontiers. After the collapse of the Soviet Unions, the main symbol of the city was changed to the Amur tiger, and the image of the tiger is appeared up in the visual arts as well. The research was carried out within the framework of diachronic approach, which reveals the transition of urban sculptures and functional method, which finds out the characteristics of the sculpture. The main conclusion of this paper is that in pre-Soviet era the symbol of the city is from historical fact, and in the Soviet era it is connected with political implication. In the post-Soviet period it is appeared that not a politicized, but a neutral, natural symbol, an Amur tiger. Such symbols are represented in the form of sculptures and show evolutionary trends.

DOI: 10.7256/2409-868X.2017.4.18081

Abstract: The object of the present study is an intellectual relations in the field of musical recordings. The subject of the article is a comprehensive description of the main types of violations of intellectual property rights in the history of music recording. One of the purposes of the publication is to systematize and distinction identified in the subject field disturbances in the degree of public danger. In this regard, the author of subject stops his research interest in the problems of illegal activity in this area – plagiarism, counterfeit audio products and the phenomenon of bootlegging in the chronological framework of the second half of the XX century – the first decade of the XXI century. Details considered practical examples of violations of rights holders in the music business. The theoretical core around which are grouped the methodological bases of research is the concept of intellectual property rights (intellectual property rights) in the context of cultural knowledge about soñial-musical (musical-legal) the nature of the three types of infringements of intellectual property rights in the sound recordings of popular music – plagiarism, counterfeiting and bootlegging. The priorities are the general methodological approaches to the analysis of social phenomena: the concrete historical and descriptive methods, comparative, dialectical systemic, structural and functional analyzes.As a result of the study the author comes to the conclusion that the level of musical audio stream adjusted using exclusively legal means is no longer possible and this trend affects the change communication formats in the music industry and record business. The study of the historical and legal aspects of bootlegging as a sub-system of unofficial records gave reason for removing logical-legal formula «Conflict-Free Anti-Recording». Less important intellectual and legal innovation is to identify the different levels of relations in terms of «Non-Release» and «Official Bootleg», which requires, in the author’s opinion, and additional regulatory updates on the legislative level.

DOI: 10.7256/2409-868X.2017.4.18320

Abstract: This philological-genealogical research attempted to find the authentic metrical records on the birth, baptizing, matrimony, death, or burial of the Russian writers and poets who resided in St. Petersburg in the late XIX – beginning of the XX centuries. This became possible due to the Internet access to the recently digitalized metrical books of the churches of Petrograd clerical consistory kept in the Central State Historical Archive of St. Petersburg. Such visual information seems valuable for the literary historians for the purpose of further study of the biographies and genealogy of the Russian literary figures.  During the course of the research, the authors have found the data on the birth/baptizing of N. S. Gumilyov (1886), M. M. Zoshchenko (1894), K. I. Chukovsky (1882), A. A. Blok (1880), V. V. Nabokov (1899), D. S. Merezhkovsky; matrimony of F. M. Dostoyevsky and G. Snitkina (1867), A. L. Blok and A. A. Beketova (1879); death/burial of T. G. Shevchenko (1961), F. M. Dostoevsky (1881), I. A. Goncharov (1891), I. F. Annensky (1909), A. A, Delvig (1831), N. A. Nekrasov (1877/1878), and A. N. Maykov (1897).

DOI: 10.7256/2409-868X.2017.4.22027

Abstract: The subject of this research is the system of eparchial administration in Voronezh and Tambov eparchies, as well as the processes of its transformation during the early Soviet period. The changes in the Church were taking place under the influence of Soviet authorities; therefore, they cannot be presented separate from the surrounding reality. The daily life of the Church (structure of ecclesiastical subordination, responsibilities of the archpriests, administration of the eparchy, clerical work, etc.) in that specific case should not provoke a feeling of closeness, because it is not isolated from the context of historical research the Church over the period of 1920’s – 1930’s, and in many ways completes them. In conceptual aspect, the author prefers the theoretical positions of the leading researchers of the Russian Orthodox Church M. V. Shkarovsky and archpriest Vladislav Tsypin with regards to the provided by them periodization of the state-ecclesiastical relations, key principles of state religious policy, and formulated essential components (theoretical-ideological and legal grounds, organizational-administrative sub-departments) of historical models of the state church policy. The article is based on the archive sources and represents the reconstruction of the system of ecclesiastical administrative authorities, including personal aspect. The scientific novelty consists in the fact that for the author is first to examines the question of transformations in the system of eparchial administration during the years of state cataclysms – wars, revolutions, changes in governorates’ administration.