Genesis: Historical research - rubric History of law and state
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History of law and state
Logvinova I.V. - Peculiarities of administrative control of the Northeast of RSFSR during the 1930-1950’s pp. 1-8

DOI:
10.7256/2409-868X.2016.3.19065

Abstract: In this article the author examines the peculiarities of the established in the 1930-1950’s special system of administrative control in the Northeast territory of RSFSR. The specificity of the state construction was substantiated by the fact that in this region had to solve sizeable issues on commercial development under the condition of complete absence of infrastructure, workforce potential, and geographical remoteness from the central government. In the conditions of totalitarian regime this task was imposed upon organization with a special status, which first was under control, and then became a direct subordinate of the People's Commissariat for Internal Affairs (NKVD). The history of Dalstroy (Far North Construction Trust) gives an idea about the scale of the political repressive machine, formed in USSR during Stalin’s regime. Scientific novelty consists in the fact that based on the archive data, the author was able to reveal the mechanism of administration in the production area of Dalstroy in the 1930-1950’s, which proves its special status. The example of Dalstroy demonstrates that in separate regions of the country has been introduced even a stricter and more centralized system of administrative control, directly regulated by NKVD. The principle of reasonableness in the context of totalitarian regime has been used even against the main principles of organization of the Soviet system of administration. Dalstroy was a state –owned institution that carried out complex tasks within jurisdictional region, based on camp system and using the entire potential of the punishment system of NKVD.  
Yarusheva L. - Effect of the Slavic, Roman, and German laws on the establishment of the Russian legal sources pp. 1-16

DOI:
10.7256/2409-868X.2016.1.16313

Abstract: The subject of this research is the genesis of the Russian legal sources and their development under the influence of the Roman law and the German pandectic system. This article examines the sources of the Ancient Rus customary and written laws, their significance for the modern Russian legislation. The author conducts research on the effect of the reception of Roman written law upon the Russian legislation during the establishment of the Ancient Rus, as well as the Imperial Russia; the influence of the pandectic system upon the Russian codification is also being analyzed. Among the main conclusions are the following: firstly, the Russian legal sources have Slavic roots, and are based on the legal customs of the Eastern Slavic tribes; secondly, throughout its entire existence, the Russian written law had a “Roman content” due to the fact that in many Russian sources there could be found a number of adopted to the Russian conditions norms of the Roman law; and thirdly, since the early XX century, the Russian legal sources attained the “German shape” after the implementation of the pandectic system in the course of conducting codification of the Russian legislation.
Tret'yakova E. - Administrative unions of the XIX century as legal form of cooperation of the states pp. 1-8

DOI:
10.7256/2409-868X.2017.1.17619

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

DOI:
10.7256/2409-868X.2017.5.20877

Abstract: The subject of this research is the changes in legal regime of detention of the foreign prisoners of war in France during the ruling period of Napoleon I. The work examines the normative positions pertaining to places of dislocation, organization of work and daily life of the prisoners of war, their financial support administration and police supervision over them, as well as punishments for violation of order and discipline. Legal regulation was exercised on general imperial level alongside separate departments, which causes a question about the interaction of the imperial law with the local law. The article compares the imperial regulations with the acts of prefect of M. de Miramont existing in the Eure department in 1813 – 1814. The relevance of this topic is substantiate by the insufficient study in science of the relation of administrations of various departments towards the dislocated within them prisoners of war and peculiarities of legal regulation of their detention. The conclusion is made that that legal regime of detention of the foreign prisoners of war in France during the late Napoleonic era, to a significant extent is defined not by the general imperial regulations but the local stipulations. Acts of the prefecture issued in the Eure department, testify to the extensive freedom of lawmaking of a prefect in this field. Particularly, the acts of 1814 significantly expanded the authority of the local civil administration pertaining to the depot of prisoners of war within the department’s territory and enhanced its impact upon the military structure in the late ruling period of Napoleon I.
Smirnova-Seslavinskaya M.V. - Legislation and state policy of the Russian Empire with regards to Romani population pp. 1-21

DOI:
10.25136/2409-868X.2017.8.22213

Abstract: The object of this research is the legislation and state policy of the Russian Empire with regards to Romani population, while the subjects is the body of official acts on the Romani people, data about the norms in the case of Romani people in passport and recruitment decrees and code of punishments, as well as information about certain published and archive sources about the realization of such policy. Special attention is given to the general periodization of policy pertaining to Romani people and development of its national principles throughout the transformation process in 1760’s of the local systems of administration aimed at Romani groups in Little Russia and Sloboda Ukraine. The author carries out a comparative analysis of the codified legislation and separate legislative regulations of the Russian Empire in terms of the body of official acts mentioning Romani people with consideration of the stages of social history of the Russian Empire. The author distinguishes the acts that distribute upon the Romani people the general norms (regulating the positions of various social classes and situations in the Russian Empire) from the special laws in their regard. Scientific novelty of the work consists in determination of the specificity of Russian Empire’s policy pertaining to Romani people, and highlighting of its key stages: from treating them as people with a particular lifestyle to the compulsory sedentarization and converting into the Cossacks, as well as further liberalization of laws with limited migration within the Russian Empire, and (often formal) prohibition on nomadism. The author underlines the correlation of the stages of such policy with the periods of socioeconomic reforms of the Russian Empire. The article reveals the common mistakes in interpretation of the content of acts with regards to the Romani people, which lead to ideologizaiton of policy in their case presented in a number of publications on this matter.   
Pletnikov V.S., Pletnikova M.S. - Institution of compensation for moral damage caused by a crime in criminal procedure: stages of formation and specificities of normative consolidation pp. 1-9

DOI:
10.25136/2409-868X.2018.1.22611

Abstract:   The object of this research is the social relations established in the process of state legal development of institution of compensation for moral damage. An attempt is made to trace the path made in the process of normative regulation before the legislator systematized the legal material that in one or another way deals with questions of compensation for moral damage, and has emerged as an independent interdisciplinary legal institution. Special attention is given to the normative sources, the analysis of which allows determining the key stages of development of the indicated legal institution. The article also examines the origination of academic polemics within the framework of the claimed vector of research. Particular place is given to the legal modeling, historical-legal method, and various approaches towards interpretation of law. The scientific novelty of consists in the fact that based on the analysis of the publicly available normative sources, were identified the key stages of development of such legal institution as the compensation for moral damage. The key stages of development of the interdisciplinary legal institution of compensation for moral damage include: the emergence of norms that regulate certain aspects of compensation for moral damage, and their accumulation (formation of the principles and requirements to compensation for moral damage due to committing a criminal action); systematization of legal norms that regulate the questions of compensation for moral damage and deviation from the comprehension of compensation for moral damage as the means used in criminal legislation, while its consolidation as the method of protection of civil rights; normative registration of the interdisciplinary legal institution of compensation for moral damage, through rejection and revival within the new state legal realities.  
Veliev A.E. - Criminal liability for suicide in the law of pre-Petrine Russia pp. 1-9

DOI:
10.25136/2409-868X.2023.2.37587

EDN: HNQPJW

Abstract: This study is devoted to the criminal law regulation of issues related to suicide in pre-Petrine Russia. This period of development of domestic law is characterized by a rather weak, compared with the later stages of the history of criminal legal counteraction to suicide, study. The work presents the testimonies of contemporaries, as well as the monuments of law that were not previously considered in publications devoted to a similar topic. The prescriptions of the norms of positive law affecting suicidal behavior, as well as the sanctions that threatened suicides under the church and customary law of the period under review, are described. Special attention is paid to the popular opinion about the identity of murder and suicide in ancient Russian criminal law. Based on the analysis of normative legal acts of the era in question, it is concluded that although there was no legal responsibility directly for committing suicide in pre-Petrine Russia, the condemnation of suicide by the state authorities still found expression in other forms, in particular, by mentioning this phenomenon in a negative context. At the same time, on the example of a number of normative legal acts of the period under review, the inconsistency of the statement common in Russian science that the term "murder" included not only murder, but also suicide is shown.
Tulbasieva S.K. - Disenfranchisement in Kazakhstan in the 1920s-30s of the twentieth century (on the example of the city of Alma-Ata) pp. 1-12

DOI:
10.25136/2409-868X.2023.3.37630

EDN: BGITQM

Abstract: The article analyzes the history of methods by which the government removed people from active participation in political and public life in Kazakhstan. One of them should be recognized as the deprivation of citizens' voting rights on the basis of class or social status. Meanwhile, disenfranchisement was an integral part of the Soviet electoral system. To understand the essential features of the Soviet electoral law, it is important to investigate the formation and evolution of legislation in this area; the problems of its interpretation and application by local authorities; to consider the factors that influenced the transformation of the circle of election participants. The purpose of the study is the evolution and implementation of the policy of the Soviet government in relation to disenfranchisement and the peculiarities of its implementation in the city of Alma-Ata and its environs. As well as recreating the social appearance and behavior of the categories of "deprived". The deprivation of the electoral rights to participate in elections automatically entailed a number of restrictions in the social and social situation. The deprived turned into outcasts, that is, second-class citizens. Often, disenfranchisement became the basis for further repressive methods of action against a citizen of Soviet Russia, including Soviet Kazakhstan.
Se F. - To the Question of the Scientific Cooperation of North-Eastern China with the Far East of Russia in the Second Half of the 20th-early XXI Centuries. pp. 1-10

DOI:
10.25136/2409-868X.2022.12.39254

EDN: RSQZVQ

Abstract: Today, all over the world, and above all in Russia, there is a significant interest in the history of Chinese studies in the scientific and humanitarian centers of the Russian Federation and the PRC. Academic and applied significance for historians of the two countries acquire an analysis and summary of the experience of the research centers of Chinese in the Far East. Currently, there is an increase in the attention of Russian and Chinese researchers to the scientific cooperation of North-East China with the Far East of Russia. Orientalist V. L. Larin dedicated a considerable part of his works to this problem [3]. Chinese academic studies of scientific exchanges between China and Russia in related fields are mainly reflected in the articles of Tao Lee Lee Lee Jinzin. The object of this statue is Soviet/Russian Chinese. The subject of study is the process of distribution of Chinese studies with the help of research institutions in the Far East. The goal is the disclosure of the main results of analytical centers, showed their role in the distribution of Chinese in the Russian Federation. The author used the methods of scientific knowledge, observed the principles of logical, systematicity and sequence of presentation of the material. For the first time in Russian historiography, an attempt was made in this article to study humanitarian cooperation and summarize the historical experience of the scientific interaction of North-Eastern China with the Far East of Russia. Thus, the active distribution of Chinese studies in the Russian Far East is carried out through the system of scientific institutions in the direction of academic exchanges in the cities of Vladivostok, Blagoveshchensk, Ussuriysk, Khabarovsk, Harbin, Heihe, Jiamus, Chanchun, etc. their cooperation brought significant results and ensured Intellectual support for comprehensive cooperation in many areas. The Far East began to clearly show interest in China as a whole, in its history, culture, economics and science, in the Chinese language.
Savvinov P.O. - Judicial complaints about the activities of magistrates of the Yakut region in the late XIX — early XX centuries pp. 1-9

DOI:
10.25136/2409-868X.2023.9.44055

EDN: YGXIMJ

Abstract: The subject of the study is Judicial complaints about the activities of magistrates of the Yakut region in the communicative space of the Yakut District Court at the end of the XIX − beginning of the XX century. The object of the study is the communicative practice associated with the development of legal proceedings in the Yakut region above the specified period. In the article, the author analyzed judicial complaints against the activities of magistrates and their consideration in the Yakutsk District Court. The study is based on the methodological principles of the frontier modernization approach of I.V. Berezhnikov, which is used to analyze the peripheral regions of the Russian Empire. As a tool of cognition, the comparative historical method is used, which allows to reveal the cause-and-effect relationships and patterns of the historical process. For the first time, the article undertakes a special study of judicial complaints against the activities of magistrates in the communicative space of the Yakut District Court, which is understood as a system of diverse communicative connections arising between various communication participants. The author comes to the conclusion that complaints about the activities of magistrates played an important role in the communicative space of the Yakut District Court during the period under review as a channel of communication between society and the judiciary, which was regulated by the Judicial Statutes of 1864. Appeals of the accused, defendants to the judiciary acted as a communicative channel through which feedback was carried out, through which the Yakut the district court could supervise the activities of magistrates. The Yakutsk District Court considered incoming complaints against magistrates regardless of the severity of the accused's crime.
Koloskov E.A. - The image of Russian Pan-Slavism in the last third of the XIX century: historiography of the issue and the assessment issue pp. 1-10

DOI:
10.25136/2409-868X.2023.10.44203

EDN: YEWENY

Abstract: The article is devoted to the image of Russian Pan-Slavism in the last third of the XIX century. The subject of the study is the explanation of the phenomenon of Russian Pan-Slavism in the main works of domestic and foreign historiography of the XX-XXI centuries. An attempt has been made to trace the change in the assessment of the relationship between Russian Pan-Slavism in the last third of the XIX century with the later idea of Slavic reciprocity through the prism of perception of Russian/USSR foreign policy. In the framework of this study, the author distanced himself from attempts to compare it with the idea of Slavic (or Orthodox reciprocity) as vectors of foreign policy. The main conclusions of this study are the affirmation that domestic tradition remains a desire to separate Pan-Slavism, Slavophilism, the idea of Slavic and Orthodox reciprocity; in the foreign tradition, authors tend to trace the continuous genesis from the middle of the XIX century and to this day, they often associate very different political and social views in their structure within the framework of the single term “Pan-Slavism”.
Karpov G. - The system of government in colonial Kenya pp. 1-21

DOI:
10.25136/2409-868X.2024.2.69894

EDN: GQCWHF

Abstract: The object of the study of this work is the government system of colonial Kenya (1890-1950's). The subject of the study is public authorities, their powers, area of responsibility and features of functioning in East African realities. The author has carried out a detailed analysis of the administrative structure, the law enforcement system, and key management links at the central and regional levels. Special attention was paid to the issues of urban development based on the principle of racial segregation and local self-government, as well as the problem of combating specific crime. The article focuses on a number of non-trivial aspects of the British approach to organizing the work of government agencies, including special recruitment, active lawmaking, largely based on borrowing decisions from British India, and also the introduction of the institute of chiefs at the local level. The methodological basis of the article was historical-legal and problem-chronological approaches, in addition, the author turned to general scientific methods of analysis and deduction. The British system of government was built up in Kenya during the 1900s and 1920s, acquiring features of completeness in the main institutions by the 1930s. Before the arrival of the European colonialists, there was no civilizational basis for the existence of state entities. Therefore the leading role at all levels of the administrative structure belonged to people of European origin. The full power in the colony actually belonged to the governor, who unconditionally pursued the policy of the metropolis. This state of affairs was consolidated by a cultivated ideological paradigm that presupposes the superiority of the British and Europeans in general in all spheres of society, including management. The strength and coherence of the work of the state mechanism was ensured by the homogeneity of the nomenclature. By the time of gaining independence in 1963, the newly-minted Kenyan authorities inherited a completely efficient system of government bodies from the colonial regime.
Sokolova E.S. - On gnoseological potential of the personal worldview factor in the historical legal research of supra-state problematic: on the example of political legal realities of the late XVII – early XVIII centuries pp. 7-25

DOI:
10.25136/2409-868X.2018.7.25905

Abstract: This article is dedicated to the estimation of gnoseological importance of identification of the determinant role of the Russian political elites of Modern Time in terms of institutionalization of the Russian autocracy and establishment of the supra-estate political regime of authoritarian type. Based on the synthesis of the political legal, sociocultural and micro-historical approaches towards studying the carriers of legal information of the period of the state legal reforms of Peter the Great, the author is able to trace the evolution of his theoretical views upon the nature and concept of the nominal decrees. The author believes that the focus of Tsar aimed at activation of the regime of lawfulness was a result of interaction between the “patrimonial” traditionalism, penetration onto the Russian soil of the theoretical-legal constructs of the European Enlightenment based on the doctrine of state paternalism, and the pressing need of political practice in establishment of the model of the professional legal consciousness of officialdom founded on the ideal of the “public good”. On the example of reconstruction of the doctrinal bases underlying the separate decrees of legislative character, aimed at modernization of the political legal and administrative practice of the Russian State of the studied period, the conclusion is made their paternalistic orientation was mediated by the idea on the absence of legal limitations of the will of autocratic monarch, common to an old-Moscovian[WU1]  legal consciousness affected by a set of historical and sociocultural factors. Thus, the pragmatic interest of the ruling elite towards the consolidation of law and lawfulness encouraged not only the exaltation of monarch over the nationals and formation of the supra-estate model of authoritarian political regime, but also the contributed to the development of legal nihilism at the various social levels, which by the beginning of 1720’s got tired of the costs of Peter the Great’s modernization and the cause by it crisis of the political system of Russian Empire.  [WU1]
Akishin M.O. - Language situation and law in Ancient Rus during the period of feudal fragmentation and foreign yoke pp. 9-21

DOI:
10.7256/2409-868X.2016.2.17870

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

DOI:
10.7256/2409-868X.2017.1.20663

Abstract: This article focuses attention of the changes in civil law and procedure, which characterized the process of development and codification of the Soviet legislation over the period of mid 1950’s – mid 1960’s, as well as determines cause-and-effect relationship between the studied transformations and reforms of the Stalinist party-state and political-legal model. Examination of the principles of Soviet civil law and procedure was subjected to creative interpretation; particularly, the author conducted a detailed analysis of provision on the judicial independence in the Soviet State. The work explores the process of formulation and adoption of the fundamentals of civil legislation, as well as fundamentals of civil procedure of the Union of Soviet Socialist Republics and union republics of December 8, 1961. The opinions of the Soviet scholars-civilists related to the development of conceptual apparatus of the branch of the Soviet civil law are being researched and analyzed. The main conclusion of this work consists in the determined by the author multiple and exceptionally important changes in the Soviet civil and civil-procedural law during the studied period reflected in codification of the late 1950-1960’s, which contributed into restoration of the Socialist lawfulness. The author made an original conclusion that the conducted in 1950-1960’s codification of the Soviet civil law was based on the doctrine developed in the works of scholars-civilists in the 1940-1950’s, in other words, within the dominant system of state planning and its frameworks of directive distribution of virtually all material resources. The author’s special contribution lies in the fact that the qualitative political-legal transformations, which took place in USSR over the period of mid 1950’s – mid 1960’s, encouraged the development of the organizational-legal mechanisms of protection and preservation of rights of the Soviet citizens.
Diulina O. - Basic social and legal characteristics of customary law of the nations as factors of its integration into the legal system of the Russian Empire (XVII – XIX centuries). pp. 10-19

DOI:
10.25136/2409-868X.2018.1.23997

Abstract: Legal policy of Russia throughout the period of the XVII-XIX centuries was directed particularly towards creation of legal mechanisms of integration of the customary law of peoples of Moldavia and Wallachia, Livonia, Courland, Governorate of Estonia, and Little Russia into the legal system of the Empire. The law of the affiliated people was based on the distinctive legal tradition. Legal policy of the Russian Empire in relation to law of the indicated peoples was formed in accordance with common to their custom peculiarities. As a prerequisite for formation of the vectors of legal policy, the article takes into account the legal regime of customary law that has already existed in Russia prior to integration. The object of this research is the customary law of the affiliated peoples as an integrable part of the general system of law of the Russian Empire. The subject of this study is the fundamental characteristics of customary law (content of norms and origin of sources), which manifested as the factors of influence upon the measures of integration character taken by the government. The author examined the materials on the origin of customary law sources, content of its norms and acting system of customary law, as well as pursued correlation of the acquired conclusions with the integration actions of the Russian legislator. This allowed making a conclusion on the degree of impact of the integrated law upon the political and legal status of the national borderlands. Relevancy of the study consists in the elevated scientific and practical interest towards the integration processes in law, including as a part of legal policy. The scientific novelty lies in the fact that the legal phenomenon of integration of law is relatively unstudied aspect of history and theory of the Russian law. Generalization of the Russian experience in solution of the integration issues over the indicated timeframe can enrich the theory of law and legal practice. The work reveals that the legal nature of customary law, considering the goal of legal policy of the Russian government, became the positive determinant in the course of integration, being favorable for retention of legal force and creation of the special legal regime of the customary law of nations. Thus the peculiarities and differences with the Russian customs in historical origins, content and form of consolidation of customary rules, did not become an obstacle in the integration process, but rather contributed to securing the special law with greater legal  force in comparison with the General law of the Empire, which distinguishes the legal regime of the established local law in the border regions from the customs of the Russian Empire.
Parchenko N.A., Danilov I.B. - Legal and theoretical framework of economic zoning as a method of administrative-territorial reform of 1920-1923 in the Siberian region pp. 10-20

DOI:
10.25136/2409-868X.2020.1.29772

Abstract: The subject of this research is the analysis of theoretical and legal framework of economic zoning as a method implemented at the initial stage of administrative-territorial reforms in Russia during 1920-1923 in the Siberian region. As the legal framework, the author reviews and analyzes various legal and archival sources. The scientific basis of economic zoning contains the observation of authors covering this topic during the preceding period, as well as the materials of administrative commission and direct theoreticians of economic zoning. The scientific novelty consists in the use of a body of scientific, archival and legal sources in the context of the topic in question, which analysis in such extensive and profound form is presented for the first time. The main conclusion consists in the data on a significant amount of issues faced by a law enforcer under the particular historical circumstances. The indicated problems became the key factor of implementation by the Soviet government of the principle of economic zoning as the main method in carrying out the local administrative-territorial reform.
Popov F.A. - Imposing state of emergency by the Provisional Priamur Government in October of 1921 pp. 14-22

DOI:
10.7256/2409-868X.2017.5.19648

Abstract: This article analyzes the mechanism of imposing state of emergency by the “White” Provisional Priamur Government in October of 1921. Having come to power as a result of the upheaval on May 26, 1921, the Provisional Government faced opposition from the side of the left-wing public forces of the region, particularly Bolsheviks and SR’s. At the same time, the “white” regime in Primorye was not trying to establish the dictatorship on the example of such formed over the 1918-1919 in Siberia under Admiral Kolchak. The Priamur Popular Assembly had been convoked; it had the legislative initiative, and the government held responsibility before it. The declaration of state of emergency in October of 1921 was substantiated by the threat of Bolshevist uprising in Primorye. State of emergency was imposed without notifying the Popular Assembly, which caused the robust discussions among the parliamentarians. During the course of debates, the opposition appealed to the acting legislation, while the government explained its decision by the necessity of urgent measures pertaining to ensuring the security on the subordinated territory. Thus, the Provisional Priamur Government contravened the law and demonstrated its capability to violate the legal norms in favor of the own interests. The scientific novelty consists in introduction to the scientific discourse of the materials associates with the discussions in Priamur Popular Assembly and the reaction of the Primorye society upon it. The conclusion is mate that the decision of the Provisional Priamur Government had the contradictory consequences for the Far Eastern “white” statehood. The easiness of the government in imposing the emergency measures showed the immaturity of parliamentarism of Primorye, as well as its inability to confront the governmental iniquity using the legitimate methods.
Beznosova Y.V. - Means of fulfilling obligations in Ancient India (on the materials of dharmasastra) pp. 14-19

DOI:
10.25136/2409-868X.2018.4.24682

Abstract: The subject of this research is the legal represenations of Brahmanism of procedure for regulating the mean of fulfilling obligations, and the reflected in religious-philosophical and ethical treatises – dharmasastra, of Manu Yajnavalkya, and Narada. Legal terms of Manu dharmasastra have repeatedly become the subject of analysis in examination of one or another aspect of legal regulations of obligatory relations in Ancient India; while the insufficiently studied in the Russian historical legal science dharmasastra of Yajnavalkya, and Narada in the indicated context are studied for the first time. The conducted analysis of the sources allowed concluding that the norms of dharmasastra equally protected the rights of a debtor-pledger and creditor-pledge holder. The rights of pledger were guaranteed in particular by the positions on responsibility of a creditor in case of the use of collateral against the wished of the pledger, as well as the cases of irresponsible treatment of the object of collateral, which resulted in its damage or loss. At the same time, dharmasastra ensured the rights of the creditor, enabling him to retain the collateral if the debt was not returned in double the amount, which eliminated prolongation of the fulfilment of obligations for an indefinite period of time.  
Korovin K.S. - Ideological grounds of the Constitution of the Russian Soviet Federative Socialist Republic of 1918 pp. 15-30

DOI:
10.25136/2409-868X.2017.9.24090

Abstract: The analysis of the Communism ideology through the prism of the constitutional context is new to the modern historiography. The article views Lenin's state and legal ideology as the basis of legitimizing formula of the Russian Constitution of 1918. The main attention is paid to examination of the influence of political and legal ideas of Marxism-Leninism upon the adoption of the framework law of Soviet Russia alongside the further constitutional consolidation. Leaning on the principles of theory of the ideological morphology, the article  structures the formulation of such concepts in Lenin's teaching as a commune state, dictatorship of the proletariat, proletarian democracy, and state management by workers (the elimination of bureaucracy). From the standpoint of the theory of speech acts, history of terms and concept of the “legal policy”, Marxism-Leninism is analyzed in the context of Russian Constitution of 1918. It is asserted that Bolshevism was a type of social engineering, aimed at the legal and political construction of post-revolutionary reality. Thus, the constitutional commission, established in April 1918, became the de facto instrument for consolidating the basic provisions of the Marxist-Leninist ideology in the first Constitution of the Soviet State. In this context, the realization of Lenin's ideas undergone detailed examination in specific Articles of the Constitution of the Russian Soviet Federative Socialist Republic of 1918.
Cherkasova O.V. - Establishment of the principle of good faith in national civil law: historical, doctrinal and law enforcement aspects pp. 15-27

DOI:
10.25136/2409-868X.2020.2.32101

Abstract: The object of this research is establishment of the principle of good faith at different historical periods in the context of formation of various approaches in the doctrine and practice of civil law. Due to the absence of unanimity of opinions regarding the formation of moral-ethical categories within the national civil law, this scientific field is considered problematic and interesting for examination. The subject of this research is the historical, ideological and practical prerequisites that influenced the formation of concept of the principle of good faith in the national civil law. The scientific novelty consists in the proposed by the author principle of good faith in the historical, doctrinal and practical aspects, which leads to suggestion of future course of development of the principle of good faith in the national civil law by means of improving the current civil legislation. The conclusion is drawn that at the present stage the principle of good faith, despite the universality and crosscutting nature, initially forethought by the concept of development of civil legislation, should be concretized in the various civil legal relations, taking into account their peculiarities and specifics. Such type of circumstantiation of the general provisions of law would increase the possibility for introduction of corresponding amendments into the principle of good faith on the level of social norms.
Chukaev T.O., Kozinnikova E.N. - Domestic state studies of the second half of the XIX century . about the problems of interaction between the state, society and the individual pp. 16-22

DOI:
10.25136/2409-868X.2022.3.35563

Abstract: The subject of the study was the theoretical heritage of prominent Russian statesmen of the second half of the XIX century – Vasily Nikolaevich Leshkov (1810-1881) and Vladimir Matveevich Hessen (1868-1920). The initial position of the concepts of "public law" and "rule of law" developed by them is the thesis that in the conditions of the formation of the rule of law, it is necessary to fully develop the institution of civil society – the sphere of manifestation of initiatives of free citizens and voluntarily formed organizations. The causal relationship of the problem of interaction between the state, society and the individual is revealed; the ideas of V. N. Leshkov and V. M. Hessen about the subjects of "public law" and "subjective law" are characterized. The concepts of "public law" and "rule of law", reflected in the theoretical heritage of V. N. Leshkov and V. M. Hessen, which has not received proper understanding to date, are characterized. An assessment is given to the conclusions of V. N. Leshkov and V. M. Gessen that society is considered as the most important subject of management activity in the state. It is concluded that in the conditions of building a developed civil society in the Russian Federation, the concepts of "public law" and "rule of law" require a comprehensive analysis and clarification of their significance for the transformation of the state-legal reality of modern Russia.
Tsvetkov A.O. - On the question of juridical establishment of the legal status of a foreign prisoner of war within the Russian legislation (1829-1904) pp. 17-30

DOI:
10.7256/2409-868X.2016.1.16568

Abstract: This article is dedicated to the research of development of the legal status of a foreign prisoner of war within the Russian legislation. The author analyses the Regulations on prisoners of war during the early XIX and beginning of the XX centuries, and determines the essence of the social-legal factor in establishment of the legal status of a foreign prisoner of war within the Russian law. The legal status of a prisoner of war in the Russian legislation had its own juridical structure, in which the principal elements were not the rights and responsibilities in the general civil sense, but a list of permissions and prohibitions placed on the individual held captives. As a result of evolving, such legal model was expanded by the additional elements, and within time transformed into the modern legislation on prisoners of war. Today, in the event that a person is captured, the government has to ensure the right to life and humane treatment of the captives. The scientific novelty consists in the examination of the establishment of the prisoner of war legal status on the Russian territory as a complex category that has its own genesis, and not the borrowed and adopted to the conditions of the internal governmental policy on treatment of prisoners of war.
Pletnikov V.S. - The Constitution of “developed Socialism” as an instrument of political-legal construction of reality pp. 19-27

DOI:
10.25136/2409-868X.2021.10.36551

Abstract: This article discusses the quality of constitutional-legal regulation and nature of the state of “developed socialism” based on comprehensive analysis of the text of the 1977 Constitution of the Soviet Union. The subject of this research is the target points enshrined in the Basic Law of the country and used for construction of the essential, institutional, functional-activity, normative-regulatory, and effective principles of the model of the state of "developed socialism". Such material allowed classifying the objectives specified in the 1977 Constitution of the Soviet Union, and determining the integrity of target-setting of the legislator in terms of state-building at the new stage of development of Soviet society. Using the model of the state as an instrument for cognizing state-legal life tailored to the needs of goal-setting of human activity, it is concluded that the 1977 Constitution of the Soviet Union is not qualitative instrument that ensures state-legal development of the country. A range of goals stated stipulated in the Basic Law of the country of 1977 duplicate similar provisions enshrined in the 1936 Constitution of the Soviet Union, and do not reflect the needs of the state of “developed socialism”. In view of the progressive goal reflected in the preamble of the 1977 Constitution, it has turned into the instrument of political-legal construction of reality.
Solomko Z. - About social grounds of the local justice reform of 1912 pp. 20-34

DOI:
10.25136/2409-868X.2017.7.23233

Abstract: This article is dedicated to the analysis of the key social determinants that defined the content and results of the local justice reform in Russia in the early XX century (Law of June 15, 1912 “On the Reform of Local Courts”). The author disputes the idealistic interpretation of social grounds of the reform, the supporters of which are willing to see as a primary cause of such event the desire of government to adhere the path of “right-wing development”, ensure the legal need of peasantry, and equalize them in rights with other social classes. The arguments towards using the materialistic approach in studying the reform are being provided. It is proven that reforming the local justice of the early XX century was substantiated primarily by the peculiarities of the Stolypin agrarian reform aimed at development of the “Prussian way” of capitalism with regards to agrarian relations, as well as overall specificity of the Russian pre-revolutionary capitalism, which significantly differed from the capitalism of Western type. Namely these social prerequisites justified the limited restoration of justice courts necessary for ensuring the interests of the growing rural bourgeoisie, retention of volost courts, non-democracy of the reform, neglect in the process of developing the draft law on reforming the local court of peasant’s deputies, as well as delay of implementation of the reform after 1912, its inconsistency and incompleteness. The author highlights correlation between the content of local justice reform and logics of class confrontation throughout the period of formulation and realization of the Law of June 15, 1912. The substantiated in the article ideas allow concretizing the understanding of prerequisites, content, and results of the local justice reform in Russia in the early XX century.
Konovalov I.A. - Political legal status of the indigenous population of Siberia in the “Statute on Alien (Inorodsty) Administration” of 1822 pp. 20-27

DOI:
10.25136/2409-868X.2018.1.23772

Abstract: The object of this research is the legal policy with regards to indigenous peoples of Siberia in the XIX century. The subject of this research is the organization of local administration and legal status of the natives in accordance with the “Statute on Alien (Inorodsty) Administration” of 1822”. The scientific novelty consists in the escalated interest towards the history of local administration among the indigenous peoples of Siberia; it is caused not only by the desire of historians to have a more profound look into the past, but specifically practical needs. Referring to the forgotten traditions of administration it is important to consider the extensive historical experience acquired over the centuries. It is also useful to have a new perspective on the known facts and events in order to overcome the old myths and deceptions, as well as prevent the emergence of new. Special attention is given to structure and organizational legal questions of the work of local self-governance of the indigenous peoples of Siberia, its cooperation with the local administrative and police bodies. The author concludes that the administrative bodies of the indigenous peoples of Siberia were formally included into the system of local institutions of state power. They differed from the state authorities only in the form of organization, conditions, and nature of activity. In the course of reform of the administration of native population of Siberia, the crown administration acted very cautiously, considering the Siberian specificity to the fullest. In this regard, the governmental approach can be viewed as a regional component of the Russian imperial administrative policy.
Levakin I., Yurtaeva E. - “Economic constitutions” in the context of evolution of the states and peoples pp. 20-43

DOI:
10.25136/2409-868X.2018.4.24782

Abstract: The subject of this research is the experience of origination, initial consolidation and historical development of the constitutional legal regulation of economy, fundamental economic-legal phenomena and economic rights in the national constitution of the world’s states. The goal of the work is to demonstrate the common and exceptional methods of legal mediation of economic development, determine the legal peculiarities of establishment of the material being of states and peoples, assess the political legal conditions for structuring of the constitutional “carcass” of economic life of the states and peoples. Alongside the basic historical-comparative method, the author used the systemic, logical, and normative-value approaches. The application of the indicated methods, as well as the specific, synergetic, and methodological ideas allowed revealing the objectively conditioned sustainable trends of legalization of economic pretensions, and detect the random processes that historically found reflection in constitutional regulation. As a result, the authors determined the potential and constructive capabilities of legal solution of the economic-social tasks, ensuring of legal forms of economic management, stabilization and development of economic routine. The scientific novelty consists in conclusion that the constitutions of states, as well as the system of national legal regulation overall, is a procreation of its era, serve as the reflection of the relevant placement of social forces, and manifest as an “economic portrait” of the state in a specific life cycle of the politically organized society.
Solomko Z. - “Shcheglovitovshina” as epiphenomenon of the Russian peripheral capitalism pp. 20-33

DOI:
10.25136/2409-868X.2019.8.30521

Abstract: This article is dedicated to the analysis of ontological aspect of such characteristic features of the Russian justice of the early XX century, which received the name of “Shcheglovitovshina”. Referring to the assessments given by the contemporaries to the activity of I. G. Shcheglovitov, the author disputes the subjective-idealistic understanding of this phenomenon as form of a private “excess”, first and foremost substantiated by the personal qualities and will of I. G. Shcheglovitov and other personas who defined the vector of judicial policy. At the same time, the research does not include the detailed reconstruction of specific historical manifestations of “Shcheglovitovshina”. Methodological tools contains the dialectic-materialistic method of cognition; concept of the dependent peripheral capitalism, particularly the conceptual apparatus of Y. I. Semyonov’s theory; ideas of V. I. Lenin, G. V. Plekhanov, L. D. Trotsky; as well as the traditional general scientific methods of research. The author believes that the systematic manifestations of the various types of legal arbitrariness in the work of Russian justice of the indicated period should be considered as a consistent epiphenomenon of the dependent peripheral-capitalist economy. The important determinants of “Shcheglovitovshina” were the inherent to the societies of the dependent peripheral capitalism at a minimum dual – internal and external – system of exploitation of non-dominant classes, noneconomic coercion to labor in the economic sphere, as well as overall crisis in the system of the Russian peripheral capitalism. The ideas substantiated in the article allow clarifying the understanding of development patterns of the Russian justice of the late XIX – early XX centuries and prerevolutionary Russian law order in general.
Sidorkin Y.V., Orlov D.V. - Police surveillance over prostitution as an intrinsic element of ethical discipline in the conditions of regulation pp. 20-31

DOI:
10.25136/2409-868X.2020.4.32648

Abstract: The authors examine the aspects of law enforcement practice of the local police authorities of the Russian Empire with regards to surveillance over prostitution in the conditions of its regulation since the late XIX century. Emphasis is made on analysis of the activity of police in Nizhny Novgorod Governorate, which was among the first alongside the capital to establish medical-police committee. However, attention is focused not on the sanitary control, but rather surveillance carried out by the police officers over prostitutes and persons involved in organization of prostitution, multiple administrative norms and rules regulating such activity. The research is based on dialectical method of cognition that allows examining police surveillance over prostitution in evolution and interconnection of all its manifestations. The events and facts related to the process of regulation of prostitution were studied in accordance with the principle of historicism, Formal-legal method was applies in analyzing the departmental regulatory legal acts and police law enforcement practice of surveillance activity. The authors’ main contribution consists in examination and introduction into the scientific discourse of archival sources that helped to restore the mechanism of surveillance activity, which includes a range of organizational measures of local police authorities over prostitution and its organization.
Abdulin R.S. - The Emergence and Evolution of the Term "Judicial Management" pp. 20-27

DOI:
10.25136/2409-868X.2024.1.39794

EDN: LWGEKO

Abstract: The object of the article's research is the process of the emergence and development of the concept of "judicial management". The subject of the study is the formation of the judicial management system and the evolutionary development of terms denoting such management. The author summarizes and systematizes theoretical knowledge on the formation and development of the concept of "judicial management", explores the terminological features and principles of modern judicial management. All this made it possible to objectively assess the process of formation and development of judicial management, to see its new facets, the categorical apparatus reflecting the content of the concept of "judicial management". The author is convinced that the theoretical understanding of the formation of the term "judicial management" has a practical effect not only for the subjects of law enforcement activity, but also for the legislator. The scientific novelty of the research consists in the fact that the article conducts a comprehensive interdisciplinary study in which, through the prism of the formation of the institute of judicial management, the formation of the terminological base of judicial management and its historical correlation is shown. On the concrete historical material, the emergence of the first terms denoting judicial management is determined, the formation and its development of the terminological system of judicial management is shown.The main scientific methods of researching the topic of the article were historical–legal and formal-logical methods with the help of which the characteristic properties of such a phenomenon were known as "judicial management". In addition, to achieve this goal, a set of general scientific (analysis, synthesis, deduction, induction, structural-system method) and private scientific methods were used.
Sheptalin A.A. - Genesis and establishment of the institution of inheritance in primitive clan society pp. 21-37

DOI:
10.25136/2409-868X.2019.10.29223

Abstract: The subject of this research is the set of factors and peculiarities of the emergence of institution of inheritance and its establishment in the late-clan community. The goal of this article lies in the attempt of approximate reconstruction of genesis and establishment of the institution of inheritance in primeval society at the stage of emergence and institutionalization of private property. The research objectives lies in determination of the key stages of genesis of the institution of inheritance; as well as in review of the types, forms, principles, limitations, heirs, economic and cultural specificity, and normative status of heritable property. Methodology is based on the concept of multilinear neoevolutionism that allows usage and generalization of ethnological materials on primitive societies for the purpose of reconstruction of preliterate past. The author introduces ethnological materials of the XVIII – early XX centuries that describe synpolite primitive tribes that retained a centuries-old way of life and were never exposed to a direct influence of civilization. The conducted research is highly relevant, since genesis of the institution of inheritance has not previously become the subject of particular consideration within the Russian legal science. The author examines the multi-stage evolution of the institute of inheritance on the examples of tribes of the various economic and cultural types and levels. In the context of emergence and development of the institution of matrimonial law, the article demonstrates the formation of two types of inheritance within the late-clan community: by law and by will. The first type suggest matrilineal transfer of the right of use of collective property to the immediate cognate relatives, as well as patrilineal transfer of intangible goods – privileges, posts, statuses, etc. The second type was applied to acquisition of private property, and made a difficult path of institutionalization and stage-by-stage expansion of the power of testation.
Bogdan V.V. - Development of the Pre-Revolutionary Russian Legislation on the Protection of the Consumer Rights pp. 22-31

DOI:
10.7256/2306-420X.2014.4.13355

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

DOI:
10.7256/2409-868X.2016.2.17367

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

DOI:
10.7256/2409-868X.2017.2.21856

Abstract: The object of this research is the ideas on the struggle against corruption, expressed by the active state counsellor of the late XIX century I. P. Liprandi. The subject of this research is the scientific report published in the Imperial Society for History and Russian Antiquities under the Moscow University. The author carefully examines the dynamics in relation of the ration legislator towards bribery, as well as emergence of the ideas about the criminal character of such action. Special attention is given to the pointed by Liprandi difficulties in the struggle against this vice alongside the measures of this fight. The article applied the method of interpretation of the legal ides. The diachronic comparison allowed revealing the genesis of bribe in the Russian law from the virtually lawful to the understanding of a bribe as a dangerous state crime. The scientific novelty is defined by the fact that for the first time, the unrenowned publication on the topic relevant in modern juridical science, is subjected to academic analysis. The conclusion is made about the high relevance of the expressed by I. P. Liprandi ideas and propositions. The work also demonstrates certain steps of the Russian legislator towards the fight against corruption.
Shatilov S.P., Zarechnev D.O. - Activity of the Chekists of Altai Krai on ensuring security of transition of manufacturing industry to defense production pp. 22-29

DOI:
10.25136/2409-868X.2017.8.22243

Abstract: The object of this research is the social relations emerging in the work process of the People's Commissariat for State Security (NKGB) on ensuring security of transition of manufacturing industry to defense production during the period of Great Patriotic War. The subject of this research is the key directions of NKGB activity that suggested realization of significantly large amount of the important for wartime events aimed at ensuring security of transition of manufacturing industry to defense production. Relevance of this article is defined by the fact that until present time such historical phenomenon as converting the Soviet manufacturing industry into wartime footing alongside the fairly compressed timeframe of the conducted evacuation, remain to evoke astonishment within the public historical consciousness in Russia and abroad, becoming a special topic of historical cognition. The author for the first time examine the regional aspect of the aforementioned historical processes, namely the Chekist activities in Altai Krai pertaining to ensuring security of transition of manufacturing industry to defense production during the Great Patriotic War.  The scientific novelty lies in the authors’ attempt to comprehensively analyze the key directions of the work of NKGB on this matter, which included: preservation of possessions, fight against embezzlement, object secrecy, counteracting desertion and distribution of provocative rumors. The authors conclude that during the period of Great Patriotic War, the People's Commissariat for State Security were involved in the unusual to them objectives, actively participated in converting the national economy into wartime forint, as well as in conjunction with the corporate management adopted measures for executing the defense order. Separate departments of NKGB exercised control over the actions of chief executives and factories on putting in the evacuated enterprises restructured for the needs of wartime. It is also underlined that transition of manufacturing industry to defense production was a compulsory measure for compensating the inefficiency of work of other departments of the state apparatus under the extreme circumstances. In the course of implementation of transition of manufacturing industry to defense production were often applied the repressive methods, including the threat of holding citizens criminally accountable.
Fomin A.A. - The evolution legal approach towards assessment of collaborationists’ activity during the Great Patriotic War pp. 23-40

DOI:
10.7256/2409-868X.2017.5.20220

Abstract: The object of this research is the public relations emerged in the process of establishment and implementation of the legal institution of responsibility of the collaborationists in USSR during the Great Patriotic War. The subject is the system of the normative legal acts that regulate the responsibility of Soviet citizens cooperated with the German Fascist occupants during the war. The author reveals the essence and characteristic peculiarities of the legal regulation of the examined type of responsibility. Based on the analysis of protective legal norms contained in the legislative and institutional acts, the author reviews the specificity of establishment and transformation of the legal approach of Soviet State towards the assessment of collaborationists’ activity and demarcation of the various manifestations of collaborationism. As a result of this research, the author highlights a number of peculiarities common to the lawmaking and law enforcement in the area of counteracting collaborationism, which under the conditions of the urgently elevated during the wartime political and ideological orientations, conduced the formation of the practice of unreasonable and unjust repressions with regards to the Soviet citizens, who were involved in collaboration with the German occupants. The author makes a conclusion on the appropriateness of assessment of the institution of collaborationists’ responsibility as an exceptionally repressive and deprived of any fairness. At the same time, he believes that the enhancement of responsibility for the unlawful activity of collaborationist nature under the extreme circumstances of the Great Patriotic War was necessary and justifiable. Separate examples in the article demonstrate the trends of the gradual transformation of the protective norms towards differentiation and individualization of responsibility of the persons that in one or another way are involved into cooperation with the enemy.
Vasilyeva E. - On the path of democratization: project of the cadet G. K. Guins on reform of the system of government in Siberia and rule of A. V. Kolchak pp. 24-31

DOI:
10.25136/2409-868X.2019.9.29081

Abstract: The subject of this research is the system of views of the prominent political leader of the period of Civil War, constitutional democrat G. K. Guins upon the nature of the political regime of A. V. Kolchak and ways to reform it.  The goal consists in formulation of concept of democratization of the system of government established in Siberia in November 1918, based on the synthesis of assessments, propositions and remarks of the cadet. The project of G. K. Guins is unique for its integrity and is structured on the basis of profound analysis of the formed situation in the East of Russia. The author explores the essence of Kolchak’s regime and prerequisites for its reform; gives assessment to the proposal of rightwing and leftwing constitutional democrats of Siberia; as well as reveals the content of the project of G. K. Guins. The scientific novelty is defined by the fact that this article is first in Russian historiography considers the system of views of G. K. Guins upon the nature of Kolchak’s regime and ways to reform it an independent subject of research. The conclusion is made that G. K, Guin’s propositions on consolidation of power in the East of Russia during the rule of A. V. Kolchak were aimed at democratization of the established after the coup of November 18, 1918 regime, and suggested the creation of law-advisory council called to ensure business cooperation between the opposition, population and government.
Pletnikov V.S. - Formation of the model of state of the whole people in Soviet constitutionalism pp. 25-38

DOI:
10.25136/2409-868X.2020.7.33555

Abstract: The analysis of sources of ideological and normative character demonstrates the process of formation of perception on the state of the whole people within the Soviet legal science and practice. The boundaries of this research are defined through correlation of the concepts: image – model – theory. This allows focusing attention on the significant, system-forming sources of legal knowledge that emerged in the period of 1947-1964, rather than paying attention to separate mentions regarding the need for building the state of the whole people. The theory of the state of the whole people started to develop after L. I. Brezhnev came to power. The author determines the stages in formation of the model of state of the whole people, which were passed by the Soviet State in its development. The three stages in formation of the model of state of the whole people with their legal peculiarities and forms of manifestation were highlighted: - The first stage is associated with the development and preparation of the draft program of the All-Union Communist Party Bolsheviks in 1947; - The second stage is characterized by adoption of the program of the Communist Party of the Soviet Union in 1961; - The third stage is associated with the process of drafting the Soviet Constitution of 1964. Formation of the model of state of the whole people enables formation of the theory of state of the whole people, implemented with adoption of the 1977 Constitution of the Soviet Union.
Dmitriev A. - Rules on the tolerance of Masonry in the Russian Empire of 1811: historiographical analysis pp. 26-56

DOI:
10.25136/2409-868X.2018.7.25601

Abstract: The relationship between the government and Masonic lodges have always aroused genuine multifaceted interest. The goal of this research is to provide a historiographical analysis to the enclosure “Lit. A” to the note of special clergy of the Police Ministry. The author establishes the authenticity of the source and precision of the data contained within, as well as the year, title, legal value, purpose, completeness and meaning of the source. The foundation for this study served the works on the source started by V. I Semevsky, G. V. Vernadsky and A. I. Serkov. The author compares the rules of 1811 and the Decree of Prussian King of 1798; demonstrates the meaning of the rules for the legislative regulation of the activity of Mason lodges; and provides the historiographical analysis of the rules of 1811. The introduction of rules served as an example of the Russian version of modernization of the legislative regulation of Masonry.
Krasnyakov N.I. - Central Asian vassal-dependent khanates in the vicegerent government of the Imperial Russia pp. 28-45

DOI:
10.25136/2409-868X.2018.1.23762

Abstract: This article analyzes the geopolitical situation of the middle of the XIX century, when the Central Asian question began to hold an independent place in the Eastern direction of Russian geopolitics. It is emphasized that continued importance of this vector is expanding the boundaries of the Empire was determined not as much by the interests of industrial and trade development, but the need for sustainable impact upon the states of the Asian Region. The role of the army is underlined as a military and political guarantor and administrative personnel base of advancing the prestige of the Russian state in relation to polyethnic feudal principalities and khanates of the region. The author argues the position that in the management of Turkestan used the available experience in operation of the administrative systems aimed at organization of compound society in the Caucasus. Attention is focused on the broader competence of the governor-general of the region already at the initial period of integration than among the acting in accordance with the general rule regional governors, as well as in making the more independent decisions directly on the spot and lesser reliance on the center. The author highlights the trends of integration and unification in the administrative-regulatory system with the adoption of the Provisional Statute on Administration in Turkestan Region in 1886, which established the fundamental principles of justice, land tenure and land use systems, taxation, political and administrative structure. The main conclusion consists in the fact at the beginning of the XX century the administration retains its form; the modernization of administrative system in the region on the background of the need for reform of the overall provincial structure of the Russian Empire did not receive the essential resources.
Menshikov M.S., Yusupov R.G. - Development of the Bashkortostan Higher School of Law in the context of national historiography of the Russian reforms of 1991 – early 2000’s pp. 28-37

DOI:
10.25136/2409-868X.2019.2.29214

Abstract: This article is dedicated to the question of historiographical mastery of the topic of state policy of the Republic of Bashkortostan in the area of modernization of the higher legal education at the turn of the XX-XXI centuries. The goal of this research lies in substantiation of the scientific significance and relevance of conducting a comprehensive historical study that reveals the process of institutionalization and activity of the system of the Bashkortostan Higher School of Law in the context of contemporary history. The subject of this research is the establishment of national historiography of the higher legal education in Bashkortostan. The authors examine several problematic and thematic levels of historiosophical material – from general questions of state educational strategy to the history of particular universities and their departments. The scientific novelty consists in the analytical overview of national historiography of state policy in the area of the Bashkortostan Higher School of Law at the turn of the XX-XXI centuries. It is concluded that in the late 1990’s – 2010’s there have formed the body of scientific literature that comprises the theoretical and factual basis for the emergence of objective representations on the historical experience and the results of development of the professional education in Russia within the framework of contemporary history. At the same time, the topic of modernization of the Bashkortostan Higher School of Law did not receive proper coverage in the historical research. Therefore, the study of historical experiences of implementation of state policy with regards to the development of higher legal education in Bashkortostan during the 1991 – 2000’s is a relevant scientific task, which solution is maintained by the historiographical, archival, and published historical sources.
Tret'yakova E. - The role and importance of international non-governmental organization the Institute of international law in the nineteenth century pp. 30-38

DOI:
10.7256/2409-868X.2017.2.17824

Abstract: The article is devoted to the study of the role and value of Institute of international law (international non-governmental organizations) in the development of international legal regulation in the nineteenth century. The author identifies and describes some of the prerequisites for the formation of these institutions, as well as characterizes the mission of the organization, lists the range of issues discussed at the meetings of its sessions. Special attention, as demonstration of theoretical and practical importance, is given to the issues of extradition of criminals, which were developed by the Institute of international law, are part of the decision on the issue. The role and importance of the Institute of international law in the development of international legal regulation is being formulated. The study analyzes the work of the Institute of international law, which is based primarily on the data that testifies to the results of activity of the examined structure of private law published in the pre-revolutionary publications. The scientific novelty of this research consists in the historical analysis of the international non-governmental organizations, particularly the Institute of International Law that remains insignificantly studies in modern research. The main conclusion of the study consists in the following: in the second half of the XIX century there has been established an extensive system of international non-governmental organizations that contributed to the development of international law. The Institute of International Law was of special importance for the development of international law due to the fact that it united the leading experts in this area. During the course of its work, the aforementioned institutions executed various issues, most relevant from the perspective of international legal regulation, which carries theoretical and practical character, as well as undoubtedly affected the content of the international law within the examined period.   Of particular importance to the development of international law was international law Institute, bringing together leading experts in this field. In the course of its work, the studied structure was engaged in a variety of issues, most relevant from the point of view of international legal regulation that had not only theoretical but also practical in nature, and have undoubtedly affected the content of international law in the period under review.
Antropov R.V., Antropova N.A. - Legal education of the Third Reich: “under the gun” of Nazi ideology pp. 30-40

DOI:
10.25136/2409-868X.2017.8.21915

Abstract: The subject of this study is the legal education of the Third Reich: its content, aims and objectives, as well as specific features as an addition to Nazi propaganda machine. The research is based on the detailed examination of the sources of German educational law of the period of German State (1933-1945) that have not been previously translated or published in the Russian science, and include educational standards, decrees of the Ministry of Education along with other departments, as well as scientific material of the German authors on Nazi doctrine, which contain commentaries to the situation established within the system of training of the lawyers throughout the period of dominance of the National Socialism. Russian scientific literature reviews the questions of legal education of the Third Reich era only in conjunction with the education in general or the system of justice. Thus, the authors attempted to eliminate the existing gap and saturate into the “Nazi stage” within the history of German legal education. The law «On the Transfer of the Administration of Justice to the Reich» of February 16, 1934 unified the legal education throughout the entire German land in the context of implementing the National Socialist principle of autocracy «the Fuhrer». Its goal consisted in upbringing of the young “law enforcement officers” as the fanatic adherers of the new regime, which is alien to the human values and preaches the racia superiority of the German nation. Such objective was reflected in the developed by Nazi ideologists new educational standards for training the lawyers in 1934 and 1939, in which nothing reminded of the old-pattern lawyer. Only after the fall of Fascism, the German system of legal education was able to return to the principles established in the era of liberalism and remained relevant to this day.
Ryzhkova E.A. - Genesis of the concept of “budget” in the countries of the Arab East pp. 30-39

DOI:
10.25136/2409-868X.2019.7.30301

Abstract: Budget is the key concept of financial system of any country and reflects its socioeconomic policy. The absence of the uniform understanding of budget as a phenomenon necessitates to trace the process of its legislative establishment and adaptation, particularly in the countries of the Arab East, which have walked a centuries-long path towards regulation of budget relations that has a number of striking features. The goal of this work is to determine the importance of reception of the concept of “budget” in the Arab countries. Determine its consequences for the development of budget relations in the countries of the region. This study is first to explore the institution of budget in the countries of the Arab East in a historical retrospective. The conducted analysis allows concluding that the reception of the concept of “budget” did not lead to modification of the content of budget relations, but rather consolidated the achievements of the countries of the Arab region with regards to their regulation.
Naryshkina S.Y. - History and development of the Institute of Conciliation procedures in Russia pp. 30-43

DOI:
10.25136/2409-868X.2023.5.40746

EDN: SWTMTG

Abstract: The article examines the history and development of the institute of conciliation procedures in Russia and some foreign countries. Starting with the first laws on conciliation procedures adopted in tsarist Russia, the authors describe how the institution was formed, what changes occurred in legislation in different historical epochs. The article also analyzes the current state of the institute of conciliation procedures in Russia and gives forecasts of its further development. In particular, the article discusses the impact of recent legislative changes on the institution of conciliation procedures, as well as the role of alternative dispute resolution in modern legal practice. The article points to the need to raise awareness and education among the population and representatives of the business community, as well as the creation of an appropriate infrastructure for mediation and arbitration procedures. The use of the institute of conciliation procedures has great potential for effective dispute resolution, strengthening international relations and improving the quality of life of the population.
Abdulin R.S. - Evolution and establishment of judicial administration in Soviet Russia (1917-1922) pp. 31-52

DOI:
10.25136/2409-868X.2017.9.22622

Abstract: The subject of this research is the stage of organization of the Soviet courts, formation and evolution of the Soviet judicial administration, which had attracted and continues to attract the attention of many scholars. There has been written fairly large amount of articles, books, monographs, and theses dedicated to the events of this time, which ended with the establishment of both, the new political and new judicial systems. However, the official ideology and practice of the Soviet state construction that initially rejected the idea of separation of powers as alien and bourgeois, due to which the court throughout the entire Soviet period did not receive the true independence, left a mark upon all social phenomena, including science to a certain extent. Therefore, multiple works in the area of examination of the establishment of Soviet judicial system and judicial administration, were ideologically tendentious, referred to the extensive circle of communist and propagandistic literature, as well as accessible to public archive materials that favorably characterized the Soviet structure. The author introduces the original point of view on the complicated process of destruction of the old imperial judicial system and creation of the drastically new judicial apparatus alongside the apparatus of judicial administration until the Judiciary Reform of 1922. The scientific novelty consists in the fact that through the prism of state policy in the context of transformations, realized by the Soviet government in judicial sphere, the article demonstrates the establishment of the judicial administration. Based on the generalization of the existing research and published, but not introduced into the scientific discourse archive sources, the work formulates and substantiates the origins, political legal nature of judicial administration applicable to a particular stage of the political legal development of Russia (1917-1922).
Kodan S.V. - Classification of sources on the history of Russian state and law: theoretical approaches, classificatory foundations, characteristic of the types pp. 31-44

DOI:
10.25136/2409-868X.2018.11.27995

Abstract: This article is dedicated to one of the insufficiently studied problems within the historical-legal source study – the classification of sources on the Russian state and law. The attention is focused on the theoretical approaches towards determining the peculiarities of the sources of knowledge on the state-legal phenomena and institutions in the historical projection. The article provides general characteristics of the types and varieties of the carriers of state-legal information that manifest as the sources of establishment and development of state and law in Russia. Methodology leans on the approaches to classification of sources that established in the historical source study applicable to the specificity of studying the carriers of historical-legal information. The scientific novelty consists in the proposed concept of classification of sources on the history of state and law based on the theoretical approaches of historical source study, applicable to understanding of the nature of government administration and normative regulation. The proposed classificatory scheme is defined by the need of including into the scientific discourse of a broad range of information carriers that allow exceeding the limits of positivist approach within the historical-legal research.
Abdulin R.S. - Theory of Judicial Management in Soviet Russia pp. 32-55

DOI:
10.7256/2306-420X.2014.4.13359

Abstract: In article the theory of judicial management in the Soviet Russia is investigated. It is shown various directions of the Soviet school of sciences by definition of the most effective receptions and methods of management of judicial system. The author analyzes numerous publications and scientific works of the Soviet period, and own views about development of this branch of public administration are given in the Soviet Russia. according to the author of article, in practice the Soviet judicial management turns into strictly structured hierarchical system in which under the direction of RCP(b), CPSU the highest and local public authorities, and specialized state bodies (judicial authorities and superior courts) which main objective is creation of appropriate conditions for administration of justice, but in the conditions of total control and supervision of representatives of judicial authority participate. Such approach to understanding of essence of the Soviet judicial management made serious impact on theoretical judgment by the Soviet scientists of all process of implementation of public administration in the Soviet Russia. The problem of formation and development of judicial management in the Soviet Russia is considered as the difficult many-sided process which was taking place under the influence of social and economic features and a concrete political situation. For this purpose the author used set of such methodological approaches which allow, by his assessment, most fully to open the considered subject. Among nikh:dialektichesky and dialectic and materialistic, the historian - situational, komparativistsky (comparative), historical and retrospective and other methodological approaches. Along with research of the historical and legal aspects of a problem connected with functioning of system of bodies of judicial management by the author the important place is given to theoretical provisions of specification of the conceptual framework relating to the sphere of judicial management. An attempt on the basis of an integrated approach to comprehend process of formation of system of bodies and establishments of judicial management with allocation in it and a specification of a place and a role of judicial authorities, superior courts and their collegial bodies, and also forms and methods of the party management of bodies of judicial management and courts is made.
Sumenkov S., Sumenkova M. - Efficiency of the concept of state policy for prevention alcoholism among population of the Russian Federation: historical-legal analysis pp. 32-39

DOI:
10.25136/2409-868X.2019.9.30804

Abstract:  The goal of this research is to analyze the efficiency of state regulation of the production and consumption of alcohol in Russian since the end of the XIX century until present, as well as develop practical recommendations aimed at the improvement of anti-alcohol policy. The relevance of this work is defined by the variety of interests and needs of people, impossibility of their total isolation from it, as well as the balance between the financial profit of the producers of alcohol beverages and government’s concern for public health. The object of this research is the social relations emerged on the basis of production and consumption of alcohol. Dialectical materialism was selected as the basic research method for more in-depth understanding of the essence and designation of legal regulation of alcohol consumption founded on rationalization of the presence of alcohol in different spheres of people’s life. Alcohol consumption and fight against alcoholism are the coexisting in unity and battle opposites, inseparable, but simultaneously mutually cancelling and intertwined phenomena. The use of statistical method allows correlating the quantitative and qualitative impact of alcohol consumption with the demographic situation. The scientific novelty consists in articulation of the problem on the efficiency of measures for regulation of alcohol consumption, as well as proposed methods for its optimization. The authors examine the questions of the efficiency of state regulation of the production and consumption of alcohol. Leaning on the historical material, the article analyzes the specificities of the current concept on reducing alcohol consumption. The authors summarize the experience on the fight against alcohol abuse in the imperial, Soviet and modern Russia; as well as substantiate the necessity of introduction of state monopoly on the production and sales of alcohol.
Shamak S.A. - Senator E. N. Berendts on the work of the Governing Senate in the conditions of the revolutionary transformations of 1917 pp. 32-39

DOI:
10.25136/2409-868X.2022.2.35338

Abstract: The subject of the study was the updated part of the theoretical and legal heritage of the outstanding Russian lawyer of the late XIX - early XX century, professor, senator of the I Department of the Governing Senate Eduard Nikolaevich Berendts (1860-1930). In this article, the main attention was paid to the memoirs of E. N. Berendts about the work of the Governing Senate in the conditions of the revolutionary transformations of 1917, about the change in the system of public administration, about the transformations in the mechanism of the state in general and the state apparatus in particular, about the abdication of Emperor Nicholas II for himself and for the heir, about the legality of coming to power The Provisional Government. When writing the article, universal, general scientific (primarily systemic, structural and functional, modeling, forecasting methods), special (primarily sociological) and private (primarily formal legal, comparative legal, reconstruction and interpretation of legal ideas) methods were used. The scientific novelty is determined by the absence of comprehensive studies in domestic and foreign legal science devoted to the theoretical legacy of E. N. Berendts. The works of E. N. Berendts, which were not translated into Russian earlier, archival materials, which are being introduced into scientific circulation for the first time, are used. For the first time in historical and legal science, the analysis of E. N. Berendts' views on the role and place of the Governing Senate of the Russian Empire in the mechanism of the state, on the problems of the revolutionary transformations of 1917 and the subsequent changes in the work and functional purpose of the Governing Senate, on the formation and activities of the Provisional Government was carried out
Khamidullin U. - Patrimonial law of the Bashkirs of the late XVI century – 30s of the XVIII century: the development of the institute, the specifics of legal regulation. pp. 33-45

DOI:
10.25136/2409-868X.2022.4.37852

Abstract: The article examines the main trends in the development of the Bashkir patrimonial law institute in the period from the end of the XVI century to the 30s of the XVIII century in the conditions of legal pluralism. The question of transformation and its integration into the Russian property law is investigated. Based on the analysis of the Russian patrimonial legislation of the XVI-XVII, normative acts regulating Bashkir land relations, materials of judicial proceedings of the Ufa writ hut and other archival documents, Bashkir legends and chronicles, the author attempts to reconstruct the mechanism of legal regulation of Bashkir patrimonial law, identifying the specifics and logic of its development. As a result of the conducted research , the author comes to the following conclusions: Russian Russian Federation 1) in the conditions of polyuridism that developed in Bashkiria after joining the Russian state, the Moscow authorities, in order to adapt the local law and order, including the order of land ownership, to the new political and legal realities, carried out a legal policy to preserve the patrimonial relations of Bashkirs; the general declarative norms of charters received by Bashkirs from the Russian tsars when accepting citizenship, laid the vector of special legal regulation in the field of Bashkir land rights; 2) the establishment of patrimonial law as an institution of customary law took place through judicial (law enforcement) authorization; 3) a cardinal change in the paradigm of legal regulation of Bashkir patrimonial relations occurred with the adoption of the Decree of February 11, 1736, which legalized the sale of Bashkir patrimonial estates; the introduction of certain elements of the civil property regime it created conditions for the transformation of traditional ancestral land ownership into an institution of collective ownership. Thus, there is an evolution of legal regulation in the field of patrimonial rights of Bashkirs: the former legal policy on the selection of the most optimal mechanism for the adaptation of patrimonial law is replaced by a policy of selection (selection) of customs for the possibility of their application within the framework of a single positive Russian law.
Pozdnyakova A.S. - Criminal offences in practice of the Vyatka provincial revolutionary tribunal during the Civil War pp. 35-42

DOI:
10.25136/2409-868X.2017.7.23539

Abstract: This article is dedicated to examination of one of the activity directions of the Vyatka provincial revolutionary tribunal – the investigation of criminal offences. Based on previously unstudied documents of the Kirov Region State Archive, the author analyzes the involvement of the special judicial investigating agency in the fight against crime, reveals situations when an investigative case could be subject to consideration by the revolutionary tribunal, as well as discusses the applied measures of punishment. The article provides the examples of criminal offences during this timeframe alongside the statistical data on the activity of the Vyatka tribunal. The scientific novelty consists on the fact that the author introduces the previously unexamined archive materials into the scientific discourse. One of the conclusions of this research implies that throughout its existence the Vyatka revolutionary tribunal had dealt with the criminal offences, the number of which varied from 10% to 20% of the overall cases. The author also underlines that by 1922, the tribunal gradually transformed into a civil court.
Sokolova E.S. - On the role of ceremonial legitimation strategies in Russian autocracy (XVII – the first quarter of XVIII century) pp. 36-83

DOI:
10.7256/2409-868X.2015.4.15331

Abstract: The article is devoted to the problem of identifying the historical and legal capacity of historical anthropology and some of the mnemonic structures of the modern Humanities research methodology. Examines theoretical, historical and institutional Foundation of legal and historical reconstruction representational strategies ceremonial text, which was carried out modeling the semantic codes of the ideology of autocracy in the Russian state of the seventeenth and the first quarter of XVIII century. The author analyzes the cultural, historical and political-legal framework of the coronation ceremony and other forms of visual mnemonic of self-representation of the Supreme power. Ceremonial text is treated as an integral part of the legal discourse aimed at the legitimation of the dynasty of the Romanovs and the formation of legal consciousness of Russian subjects, the Imperial paradigm of thinking. Along with the recreation of the mythological component of the representational strategies specified period provides an overview of major forms of broadcast mnemonic codes of the Supreme power to a mass audience. Analyzes the representational function of normative legal acts was developed as the legislative support of the ceremonial aspects of the legal policy of the Russian autocracy. On the basis of a wide range of official legal texts, reflecting the continuity of a number of myths-oriented modeling autocratic ideal, the author makes a conclusion about the active role of the Russian government elite in the adoption of collective images of "historical memory" as at the legislative level and in part mediated by the legislation of the political space of autocratic Russia.
Ul'yanov M.V. - State of criminology at the turn of the 1920’s – 1930’s pp. 38-46

DOI:
10.25136/2409-868X.2019.10.30008

Abstract: This article is dedicated to the circumstances that directly affected the change of character of criminological research during the early 1930’s. Special attention is paid to the substantial contradictions between the representatives of the People's Commissariat for Justice and People's Commissariat for Internal Affairs of the Union of Soviet Socialist Republics (NKVD). The interministerial opposition also reflected in criticism of the work of the criminological establishments that were under the jurisdiction of NKVD. The paramount importance belonged to the dispute on studying criminal activity in USSR, organized in 1929 by the sector of state and law of the Communist Academy after publication of the article by S. Y. Bulatov “The Revival of Lombroso in the Soviet Criminology”. The conclusion is made that the changes that took place at the turn of the 1930’s in the field of studying criminal activity, were substantiated by a set of various circumstances, including rival for the leadership in the law enforcement system and dominance of different government agencies in the ideological sphere of society.
Vankov A. - The experience of creating the first digests of laws in the United States: the role of private companies in systematization of legislation pp. 39-45

DOI:
10.7256/2409-868X.2017.2.17819

Abstract: The article is aimed at analyzing the American experience related to the emergence of systematization and codification of federal statutory law in the United States. The article explores the reasons that caused the necessity of putting the statutory law in order, the events and decisions that took place during that process. The article proves that by trial and error the American lawmakers were able to elaborate an appropriate mechanism for assembling vast compilations (codes) of law: this job involved in commercial organizations who eventually ensured the success. In this connection, the article contains more general recommendations connected to the methods of using commercial organizations in the codification of legislation. In the modern conditions, the conclusions are made applicable to the organizations dealing with systematization of legislation on noncommercial basis – the developers of the reference legal systems.
Gigauri D.I., Korovin K.S. - Revolutionary myth of “proletarian dictatorship” in the Soviet constitutional doctrine of 1918 and visual communication pp. 40-57

DOI:
10.25136/2409-868X.2019.11.31215

Abstract: This article is dedicated to representation of the myth of “proletarian dictatorship” in the Soviet constitutionalism. Having emerged in the XIX century, this mythologem experienced certain transformations as a result of targeted work of the party leaders, legal experts and scholars on creating the first Soviet constitution. Later, its ideological content received normative consolidation in legislation. A symbolic reflection of revolutionary myth became the national holidays, demonstrations, cinematography and theatre, banners and other cultural phenomena that contributed to formation of the new civil consciousness. The authors trace the origin of the concept of “proletarian dictatorship”, as well as its further evolution in Lenin’s doctrine on the state. The description of symbolic practices of representation of ideological framework of the Soviet revolutionary regime allows demonstrating the practical implementation of the new type of constitutionalism – the Soviet. The article substantiates the gradual arrangement of the idea of “proletarian dictatorship” as a fundamental myth of the early Soviet State, as well as examines its visual and communicative aspects. The novelty of this historical-legal research is defined by the use of interdisciplinary approach and comprehensive analysis of the Soviet national ideology. The conclusion is made that the legal ideas contained in the Soviet constitutional doctrine proliferate and reproduce through large-scale cultural manifestations that create revolutionary institutions and examples of civil behavior. At the same time, the myth of “proletarian dictatorship” serves as distinct cultural foundation for the new political legal regime that expresses the essence of the Soviet constitutionalism.
Pastushenko A.A. - Criminal liability for unlawful use of budget funds in accordance with the Russian Penal Code of 1845 pp. 41-46

DOI:
10.25136/2409-868X.2019.1.26678

Abstract: The subject of this research is the questions of criminal liability in accordance with the Russian Penal Code of 1845 for violations, the object of which is the social relations established in terms of the use of budget funds. The author comprehensively analyzes the Penal Code of 1845 for determining regulations that form the mechanism of legal protection of budget funds, particularly from the infringement of public officials, as well as conducts their systemic research and comparison. In the course of this study, the following methods were applied: historical-legal, comparative-historical, comparative-legal, formal-logical and systemic. The specific characteristics of such criminal law standards are described. The conclusion is made on the presence in the Russian Penal Code of 1845 of the ramified system of penal prohibitions in the financial-budgetary sphere. The author concludes on the possibility of use of the separate regulation of Penal Code of 1845 in the current criminal law of the Russian Federation.
Krichevtsev M.V. - The Special Tribunal in Martinique: from the history of French colonial justice in the early 19th century pp. 45-58

DOI:
10.25136/2409-868X.2023.11.69135

EDN: VBGFJO

Abstract: The focus of this article is on the special tribunal, a special judicial body established in the French colony of Martinique in 1803. It was created to carry out criminal repression against black slaves accused of poisoning, arson, stealing boats and pirogues to escape. The main purpose of the study is to determine the legal basis for the organization of a special tribunal in Martinique and to identify its features in relation to the special tribunals that existed in the metropolis from 1801 and 1802. The question of the correlation of these tribunals in the colony and in the metropolis seems to be little studied in historiography. The subject of research in the work is the evolution of the special tribunal during the period of French rule on the island – from the establishment of the court to the loss of control over Martinique by the French in 1809. To work on the topic, documentary materials from the National Archives of overseas France, published legislative acts and acts of ministers of the Napoleonic era, acts of the island administration from the "Code of Martinique" were involved. The study used the method of concrete historical analysis, comparative legal analysis of legal documents and structural and functional analysis of judicial bodies. As a result of the study, it can be concluded that the competence of the Martinique Special Tribunal has changed towards its expansion over three stages in 1803-1809. From an organ of repression exclusively for slaves, it gradually turned into an extraordinary court for slaves and for free people of color, and then for any vagabonds without a place of residence and recognition. Dangerous crimes of a state nature began to belong to his jurisdiction. The comparison of the tribunal with the special tribunals established in the metropolis in 1801 and 1802 does not confirm the full borrowing of judicial law from the metropolis in the organization of the colonial court and testifies in favor of the originality of colonial justice. However, similar features in the composition of these bodies and in the order of judicial procedure allow us to speak about general trends in the development of judicial systems throughout the French Empire, in the metropolis and in the colonies, expressed in the creation of bodies of emergency justice, alternative to courts of general jurisdiction.
Mamontov V. - The impact of the foreign policy factors upon the development of customs legislation in Moscow State of the XVI-XVII centuries pp. 46-50

DOI:
10.7256/2409-868X.2016.4.19069

Abstract: The subject of this research is the legal regulation of the customs of Moscow centralized state of the XVI-XVII centuries. The object is the combination of the socioeconomic and foreign policy relations established in the Moscow centralized state in the XVI-XVII centuries, which affected the development of the Russian customs law during the examined period. The goal of this work is to analyze the influence of the foreign policy factors on the customs policy of Moscow State, as well as its reflection in the normative legal acts of the aforementioned period. Special attention is given to the study of the Russian experience of syncretizing the elements of foreign policy and the customs legal regulation based on the example of formation of the customs legislation in the Moscow State of the XVI-XVII centuries. The examination of the experience of establishment of the Moscow State customs legislation allows claiming that the development of the customs law is performed taking into account the influence of the foreign policy factors that are in turn substantiated by the possibility of implementation of the instruments of customs policy for the purpose of solution of the foreign policy tasks, as well as by the necessity of consideration of the foreign policy conjuncture during the introduction of certain legal norms regulating the relations in the customs sphere.
Solomko Z. - “Fair trial” in Russia during the late XIX – early XX centuries, or the myth of the lost lawfulness pp. 46-59

DOI:
10.25136/2409-868X.2018.1.24233

Abstract:  This article is dedicated to the analysis of adherence of the Russian justice of the late XIX – early XX centuries to the requirements of lawfulness as an attribute of the legal state. By reference to number of basic principles/requirements of lawfulness, advanced by the contemporary mainstream theory of lawfulness (inner consistency of positive law and unity of lawfulness, supremacy of law, equality before law and court, fairness of courts, security of the rights of private entities from arbitrariness of administration, inadmissibility of contraposition of lawfulness and purposefulness), the article demonstrates contradictions of the post-reform positive legal regulation of justice and law enforcement practice in this field, which are incompatible with the dominant in the theory of law concepts of legal state. Attention is focused on such problems of prerevolutionary justice, as the contradiction between the general principles of the Court Statute of 1864 and private legal norms; gradual eroding of the progressive norms of Court Statutes; administrative corrosion of judicial power; legal particularism; lack of the institutions of administrative justice; double law enforcement standards. From the perspective of Marxist analysis, the author demonstrates the legitimate character of the aforementioned phenomena. Attention is turned to the ideological nature of the gaps in the interpretation of prerevolutionary justice that are common to the contemporary mainstream historical-legal consciousness. The contained in the work generalizations and conclusions doubt the methodological and theoretical value of comprehension of the prerevolutionary justice as a phenomenon of the establishing legal statehood, and actualize the relevance of the dialectic-materialistic, social-class analysis of the post-reform justice and prerevolutionary Russian legal order overall.
Zagorodnyuk N.I. - The peculiarities of organization of cultural and educational activity in Tobolsk special detention center (1924-1929) pp. 47-60

DOI:
10.25136/2409-868X.2019.10.30819

Abstract: The subject of this research is the cultural and educational work in Tobolsk special detention center (detention facility for political prisoners) during the 1920’s. The objectives and content are determine by the Penal Code of 1924. The organization of curricular and extracurricular activity in the extreme conditions of incarceration has its own peculiarities, associated with multiple factors: number of prisoners, incarceration conditions, material resources, qualified teaching staff, theatre administration, etc. The article explores the questions of organization of schools, libraries, educational, professional, literary, music, theatre groups, and prison theatre. History of this penitentiary facility is not fully covered in the modern historiography. Precepts of the Penal Code of 1924 pertaining to organization of cultural and educational work has not become the subject of special research. The administration of detention facility for political prisoners observed the formal aspect of the problem: created an educational-custodial division, opened a school, library, various interest groups, maintained a theatre, published a newspaper. Similar to other prisons in the country, the results of work were negatively affected by the weak resource base, lack of financing, teaching personnel and specially trained instructor for the professional training of prisoners. The extreme incarceration conditions required the development of new approaches and methods for accomplishing set objectives.
Chekushkina E.O., Tuguzhekova V.N. - Activity of the Prosecutor's Office of the Khakas Autonomous Oblast during the Great Patriotic War pp. 48-54

DOI:
10.25136/2409-868X.2020.10.34066

Abstract: This article is dedicated to examination of the activity of the Prosecutor's Office of the Khakas Autonomous Oblast during the Great Patriotic War, with involvement of the archival sources. The object of this research is the Soviet Prosecutor's Office in Khakassia; while the subject is the activity of the Prosecutor's Office of the Khakas Autonomous Oblast during the Great Patriotic War. The goal consists in the analysis of work of the Prosecutor's Office of the Khakas Autonomous Oblast during the wartime. The scientific novelty lies in systematization, generalization of materials on the topic, examination of the activity of Prosecutor's Office on the example of a particular region (Khakas Autonomous Oblast), as well as involvement of archival sources. The conclusion is made on contribution of the employees of Prosecutor's Office in supporting and aiding the front. In the conditions of wartime, the Prosecutor's Office of the Khakas Autonomous Oblast alongside Prosecutor's Office of the USSR as a whole, had to transfer its work onto the “wartime footing”, as well as deal with such activities as the struggle against desertion, protection of the rights of military families. Ensuring law enforcement on the home front was the key task of the Prosecutor’s Office.
Pletnikov V.S. - Draft Constitution of the “Thaw” period: historical-legal analysis pp. 48-65

DOI:
10.25136/2409-868X.2020.11.34331

Abstract: The author discloses details of the work of the Constitutional Commission on the new Constitution of the Soviet Union in the period from 1961 to 1964. The list of members of the Constitutional Commission, persons responsible for the formation of constitutional values at the initial stage of building a communist society, and their reassignment to subcommissions is published for the first time. On the example of the activity of the subcommission on the questions of “Public administration, activities of soviets, and nongovernmental organizations”, the author describes the organizational aspects of its work and the nuances of functionality. Assessment is given to the organizing role of apparatus of the Presidium of the Supreme Soviet of the USSR with regards to elaboration of a number of articles for the new Constitution, through the prism of the form and content. The article leans on the materials preserved in the State Archive of the Russian Federation (Fund 7523. Register 131). The presented material is the result of summary of archival research previously not available to the broad academic community. It allows you to debunk the myths that developed after publication of some works and memoirs on the topic. The article illustrates the contribution of staff members of the Presidium of the Supreme Soviet of the USSR and a researchers to the creation of the first constitutional framework of the establishing communist society. The author also lists the actors who made considerable contribution to the development of basic constitutional values.
Gromova G. - Historical and legal study of administrative law for the Council Code 1649 pp. 51-62

DOI:
10.7256/2409-868X.2015.5.15370

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

DOI:
10.7256/2409-868X.2016.4.20072

Abstract: This article examines the impact of state-legal reformations upon the development of the legal language of the Russian Empire of the XVIII century. The author performs an analysis of the Romano-Germanic doctrines of the Renaissance era with regards to the development of the state and law of Russia through the prism of the language borrowings. The article reviews the state-legal policy in the area of language relations, changes in the language of legislation, establishment of the conceptual apparatus of law, language of the official clerical correspondence and judicial procedures, as well as the influence of legal science upon the development of the theory of legal language in the Russian Empire. It is determined that the establishment of the enlightened absolutism and the state of the early New Times had impact upon the development of Russian language. The law in the modern essence becomes the essential source of law. Certain requirements to the language are being formulated in the lawmaking process. The author highlights the establishment of terminology and terminological system of legal language; the legal notions attain the legal definitions. The formation of legal science led to the development of the theory of legal language; the dictionaries of the XVIII century were comprised by the renowned Russian scholars and public figures. It is noted that Russia has formed the tradition of the doctrinal definitions of legal concepts, which were endowed with substantial authority.
Sheptalin A.A. - Genesis and establishment of the normative regulation of the institution of property in the primitive clan society pp. 52-69

DOI:
10.25136/2409-868X.2020.5.31633

Abstract: The subject of this research is the process of emergence and establishment of normative regulation of various forms and types of property in the kinship community. The object of this research is the normative regulation of property, usage of management of real and personal property at the stages of early and later kinship community in the historical dynamics. The goal consists in the attempt of approximate reconstruction of genesis, key stages and peculiarities of establishment of the normative regulation of initial forms and types of property based on the data of legal and economic anthropology. Research methodology is based on the anthropological concept of multilinear neo-evolutionism that allows accurate usage of materials on the synpolite primitive ethnoses for reconstructing the preliterate period overall, as well as different aspects of the genesis of state and law in particular. The novelty is defined by the fact that this topic has not previously become a topic of special examination within the Russian historiography. Using the wide variety of ethnological material, the author doubts the dominant in science representation of the primitive hypercollectivism, substantiates the emergence of complexly structures hierarchical system of property back at the stage of early kinship community, which was regulated by the ancient moral, religious and legal traditions – mononormativities. The consequences of Neolithic revolution are associated with the genesis of family property as the initial form of private property. Its establishment is demonstrated in the context of rights to real and personal property among the clans of economic-cultural types. The author believes that the formed in the Neolithic Age system of common law replaces the previously existing mononormativities in order to serve the new forms of property and socioeconomic relations in the stratified society that was moving towards the emergence of social classes and the state.
Zurnachyan A.S. - Legal regulation of the status of Armenian community in Poland and Ukraine in the XV-XVIII centuries pp. 53-59

DOI:
10.25136/2409-868X.2017.12.22784

Abstract: The subject of this research is the legal status of Armenian community in various cities located in the territories of modern Poland and Ukraine during the period of XV-XVIII centuries. The author examines the legal acts based on which was regulated the system of local self-governance and court system within the Armenian national community, as well as judicial-administrative books that contained the session protocols of the Kamianets-Podilskyi Armenian Court. The article analyzes the content of the indicated sources, their structure and role in life of the Armenian community. The scientific novelty lies in the facts that this work is first to systematically examine the status of Armenian community in Polish and Ukrainian cities from the historical-legal perspective. The work demonstrates the close correlation between the system of local self-governance and court system within the Armenian communities. A conclusion is made that within the examined territory the norms of Armenian law had been sanctioned by the government and became the part of particular international law.
Danilovskaia A.V. - Formation and development of criminal liability for crimes infringing on fair competition pp. 55-74

DOI:
10.25136/2409-868X.2023.12.69411

EDN: DSJSJG

Abstract: The subject of the study is the legal foundations of Russia's criminal law policy in the field of fair competition protection in their historical development, namely the sources of Russian legislation of the XVIII-XXI centuries, containing grounds for criminal liability for encroachments on fair competition, legal acts regulating competitive relations, as well as scientific research by scientists of the XIX-XXI centuries, including dissertations, scientific publications on aspects of legal regulation of competitive relations, criminal prosecution for encroachments on them.The purpose of the work is to identify the historically conditioned attitude of the Russian state towards encroachments on fair competition, their criminalization, penalization and differentiation of responsibility for their commission, systematization of crimes against fair competition, as well as to study the legislative technique used in the formulation of criminal law prohibitions.  The main method of research was the historical method, which allowed us to study the genesis of domestic criminal legislation, which provided for liability for encroachments on fair competition. The logical, comparative method, the method of system analysis, and classification were also used. The main result of the work is the conclusion about the usefulness of taking into account domestic legislative experience in determining the criteria for criminalizing acts that infringe on fair competition, systematizing crimes against fair competition, methods and techniques for formulating criminal law prohibitions against their commission. The novelty of the research lies in the fact that the conducted analysis of domestic legislation can help in substantiating and making decisions of criminal and political significance in relation to understanding the system of crimes against fair competition, criminalization of socially dangerous acts directed against fair competition, their penalization, differentiation of responsibility for their commission, the application of existing criminal legislation and their improvement. The findings can be especially useful in legislative and scientific activities, as well as in the field of education.
Akishin M.O. - State and legal languages of the Russian Empire of the XIX century pp. 56-73

DOI:
10.7256/2409-868X.2016.5.20707

Abstract: The relevance of this topic is substantiated by the following aspects: firstly, by the polemic on “Russification” policy of the XIX – beginning of the XX centuries, which negatively affects the international relations of the adjoining states alongside interpersonal communication of their citizens; and secondly, by the need to continue the examination of the changes that take place within the legal language of the Russian Empire of the XIX century. The subject of this research is the legislative regulation of the status of legal language and its development in the Russian Empire of the XIX – beginning of the XX centuries. The goal of the article consists in the study of the history of law policy in the area of language relations of the Russian Empire, as well as the impact of legal writing upon the language of law. The author determines that the law policy of the Russian Empire in the field of language relations was aimed at strengthening of state positions of the Russian language, which corresponded to the teachings of the Romanticism era about the meaning of language in consolidation of the nation. At the same time, the native languages of indigenous people were also respected in Russia. Legal language as the core of state language in the Russian Empire of the XIX century, represented an entire law institution with the scientifically developed language base. The requirements for the language comprised one of the sections of juridical knowledge – legal writing. The judicial reform of 1864, which strengthened the principles of adversary, publicity and oratory of court proceedings, led to the establishment of judicial public speaking.
Egorov N.Y. - I. T. Tarasov on the limits of government intervention into the public life in terms of realization of the social function pp. 57-65

DOI:
10.25136/2409-868X.2018.6.25489

Abstract: The subject of this research is the actualized part of theoretical-legal heritage of the prominent Russian lawyer of the late XIX – early XX century Ivan Trofimovich Tarasov (1849-1929); his representations of the specificities of realization of social function of the state; correlation of the police, legal, and social states; concept of the social state; potential government intervention and its limits into the various spheres of public life in solution of the socially important issues; as well as maintenance of the balance between exercising the social function and ensuring the human rights and freedoms. The methods of interpretation of the legal ideas and normative legal acts were used in the course of this work. The contemporary legal science has not yet performed a comprehensive problem-theoretical reconstruction of the theoretical-legal heritage of I. T. Tarasov. Leaning on the achievements of the Western European and Russian police-legal theory, I. T. Tarasov determined the circle of paramount issues that are subjected to solution in terms of establishment of the social state and execution of social functions. I. T. Tarasov was one of the first national police scientists who raised a question about the reasonable limitation of government intervention into the public life, as well as the need for determination of the mechanism of such intervention and its legislative consolidation. Such ideas proposed by I. T. Tarasov were revolutionary for his time.
Kodan S.V. - Sources of Personal Origin: Definition, Place and Role in Studying the History of State and Legal Phenomena pp. 60-93

DOI:
10.7256/2306-420X.2014.3.11431

Abstract: The main theme of the present research article is the place and role of sources of personal origin in historical studies and legal studies. This is one of the least investigated questions in historical and legal studies. Reflection of one's personality and epoch, events and relations between participants of these events complete historical studies of state and legal phenomena which other carriers of historical information can't do. The author of the present research article focuses on current researches of source studies in different spheres of social studies and appeals to the theory and practice of using sources of personal origin in studying the legal development of the society. Research methodology is based on the analysis of traditional approaches to using personal perception in creating the image of the past. The scientific importance and novelty of the article is that the author discusses the role and place of personal experience as the historical sources in studying state and legal phenomena. The author of the article also analyzes special features of this carrier of historical information from the point of view of using this method in research work conducted by a historian and a lawer. 
Zharov S., Parsukov V.A. - Control over the trustworthiness of border guards and its cultivation in the Russian Empire of the XIX – early XX century pp. 60-68

DOI:
10.25136/2409-868X.2017.12.23045

Abstract: The object of this research is the legal relations in the Russian Empire associated with the recruitment and upbringing of officers of the special corps of frontier guards. The subject of this research is the axiological approach towards personal qualities of the Russian border guards, systematic formation of spiritual values of the officers and lower ranks in the course of education and service. The authors examine the cultivation of patriotism, diligent attitude to service, bravery and courage in service. Special attention is given to the concept of untrustworthiness and its characteristics. The scientific novelty of this work is defined by the subject of the research: for the first time, the value orientations of training and upbringing of individuals found to be useful in a specific type of service, are subject to scientific analysis. A conclusion is made on high relevancy of the methodology applied in the Russian Empire for establishment of the spiritual values of soldiers and possibility of its implementation under the modern circumstances.  
Filonova O.I. - The status of the judge and the personnel policy of the formation of the corps of judges during the new economic policy period pp. 60-66

DOI:
10.25136/2409-868X.2018.1.23773

Abstract: The subject of this study is judicial body of the New Economic Policy period (1921-1929). The author examines such aspects of the topic as the legal and non-legal components of the status of a judge, mechanism of formation of judicial body, and  judges personnel during the New Economic Policy period. Particular attention is paid to the legislative foundations of the status of Soviet judge, principles and peculiarities of human resource policy in formation of judiciary, as well as problem of legal education. Based on the archival data, the author analyzes the dynamics of composition of the judiciary, as well as describes a portrait of a Soviet judge of the 1920’s. Methodological basis consists in the system approach, which allows exploring the judiciary as such alongside within the state mechanism in the context of the political system of Soviet society. The main conclusions lies in determination in the status of a judge of legal components (age, social status, work experience, absense of criminal record, institution of responsibility, guarantee of judicial immunity), and non-legal (membership in the Communist Party, adherence to its policy). Author’s special contribution to the research lies in the analysis of the human resource policy mechanism in formation of the judiciary, as well as its results, reflected in court personnel. The scientific novelty is defined by the comprehensive approach towards the indicated problematic.
Shatilov S.P. - Unlawful forms of realization of the law enforcement activity during the Great Patriotic War pp. 61-68

DOI:
10.7256/2409-868X.2016.6.17549

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

DOI:
10.7256/2409-868X.2015.5.15908

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

DOI:
10.7256/2409-868X.2017.3.22017

Abstract: The object of this research is the customs policy of the Russian State in historical legal context. The subject of this research is the acts of domestic legislation and international treaties of the Russian Empire over the reviewed period aimed at regulation of the customs and foreign economic activity, as well as the unpublished scientific works on this topic. Special attention is given to examination of positions and views of the public and government figures, who directly participated in discussion and corresponding decision-making. The author carefully explores the legal regulation within the framework of customs policy on the level of the acts of national legislation alongside the international law. The article conducts a historical legal analysis of the questions of customs regulation as the basic component of foreign economic activity. Based on the research of various sources, the work gives characteristics to the general format of customs policy of this period and its specificity. The scientific novelty lies in the complex analysis of legal regulation of the customs policy in the context of general regulation of the foreign economic activity: on one hand, characteristics of the regulation of the aforementioned questions on the level of national legislation; and on the other – international-legal regulation of separate aspects, as well as main features, content, and specificity.
Khubeshty A.F. - Drafting and passing of the Constitution of the Russian Federation in the conditions of confrontation between the legislative and presidential branches in 1993 pp. 66-77

DOI:
10.25136/2409-868X.2021.1.34920

Abstract: The object of this research is the process of drafting and passing of the 1993 Constitution of the Russian Federation. The subject of this research is the political confrontation between the President and legislative authority in the context of elaboration of the basic law of the Russian Federation. The article employs the method of systemic analysis, which allows to gradually trace and analyze the events that determined the impossibility of adopting the Basic Law at the Congress of People’s Deputies of the Russian Federation. The author outlines the causes of confrontation between the President and the legislative branch, as well assesses the political situation, in which the new political system layered over the old, forcing the Congress of People’s Deputies and the Supreme Soviet of Russia to leave the political arena. The article reveals the conditions established in Russia in the 1990 – 1933 for the transformation of sociopolitical relations that allowed the President to take control over the initiative, which determined the political structure and the vector of socioeconomic development of the country. Based on the chronological analysis of the events, the conclusion is made that the likelihood of vast increase of the President’s role in the new political system was predetermined by indecisiveness of the legislative branch. The President and his team were able to implement in draft of the Constitution all their intentions balancing the presidential and parliamentary authorities.
Nasibullin R.A. -
“Definitive fight for eliminating all the consequences of counterrevolutionary distortions on the theoretical legal front in the shortest possib
“Definitive fight for eliminating all the consequences of counterrevolutionary distortions on the theoretical legal front in the shortest possible time ... “: 1937 at Sverdlovsk Law Institute
le time ... “: 1937 at Sverdlovsk Law Institute
pp. 67-78

DOI:
10.25136/2409-868X.2018.1.22790

Abstract: This article examines the initial stage of the political campaign aimed at “liquidation of consequences of counterrevolutionary distortions in the theoretical legal front” in the USSR and Sverdlovsk Law Institute In March of 1937. This battle resulted in seizing from the institute library of the works of repressed authors; dismissal of  the lecturer of Soviet State Law P. A. Gordeev “for perversion in teaching”; on March 16-19 of 1937, holding a meeting of the Institute teachers and students, participants of law school and law courses, employees of court and prosecutor’s office for discussing a situation “on the theoretical legal front”; revision of curriculum and learning materials of the institute; increasing control of the departments and educational sector over delivering lecture and classes. The author analyzes a special opinion of the Professor S. F. Kechakian of May 15, 1937, on resolution of the general meeting. The unpublished archival documents and materials of the Ural State Law University and the State Archive of Sverdlovsk Region are introduced into the scientific discourse. Two addendums from previously unpublished documents from the State Archive of the Sverdlovsk Region, prepared for publication by the author of the article, are attached to the research.
Kodan S.V. - Methodology of historical-legal source studies: goal orientations, functional focus, level of organization of cognitive resources pp. 67-80

DOI:
10.25136/2409-868X.2018.12.28474

Abstract: This article presents the original perspective on the fundamental problems of understanding of goal orientations, functional designation, and methodological structure of the historical-legal source studies. Leaning on the general philosophical comprehension of methodology and the approaches towards definition of methodology in the historical source studies and legal science, the author focuses attention of the place, role and peculiarities of methodology as the tool for studying the carries of state legal information. Attention is also given to the overall arrangement of methodological material based on determining the levels as the model of specialized historiographical methodological knowledge. The five levels-subsystems of methodology of studying the carriers of state legal information are described: methodological principles, methodological approaches, specific scientific methods, methods and technique of research. The scientific novelty of this article consists in the fact that its materials are aimed at generalization and systematization of theoretical knowledge of methodology of the historical-legal source studies as a system of knowledge, cognitive coordinated and instrumental foundation for studying the types and varieties of information carries on the history of state and law.
Raschetov V.A. - Conception, establishment, and development of the Russian investigative authorities: periodization of the historical process pp. 68-82

DOI:
10.7256/2409-868X.2017.4.18553

Abstract: The subject of this research is the genesis of the Russian investigative agencies, periodization of their development alongside dynamic of evolution. The conducted research of evolution of the investigative authorities, since their initial form as judicial agents until their modern state through the examination of the normative legal acts of corresponding periods in the Russian history, can conduce the adjustment of views of the legal scholars and practical workers upon the concept of single investigative apparatus, as the service of prosecutorial or judicial jurisdiction. The author concludes that the Russian pretrial investigation has deep traditions, which take its roots in Ancient Rus’, Muscovite Tsardom, Russian Empire, and Soviet Russia. Concern of the state regarding the increase in efficiency of the pretrial investigation and court procedure is caused by the urgency of the situation within social environment, which results in autocratic activity on its stabilization, including through formation of the new subjects, authorized to execute the criminal indictment. The scientific novelty lies in the applied during the course of historical-legal research foundation, which encouraged the determination of general periodization of the development of investigative agencies consisting of two stages and eight periods that reflect the most significant milestones in their historical path.
Bezhentsev A.A. - Organization of the efforts of the Socialist system of prevention of juvenile delinquency (1917-1950): positive experience, modern prospect of implementation pp. 69-78

DOI:
10.25136/2409-868X.2017.12.22496

Abstract: This article in chronological sequence examines the measures of preventing juvenile neglect and delinquency  over the period of 1917-1950 for the purpose of its implementation at the present stage, as well as determines the most prospect experience of organization of administrative activity of Socialist system aimed at prevention of juvenile delicts. The object of this research is the development trends of social relations of the bodies and institutions of the Socialist system of prevention of neglect and delinquency that form in the process of legal regulation and organization of human rights and law enforcement activities of the indicated system within the framework of 1917-1950. The subject of this research is the theoretical, organizational, administrative, and legal issues of the work of the bodies and institutions of Socialist system of prevention of juvenile neglect and delinquency over the period of 1917-1950; norms of administrative law, which establish the legal status and regulate procedures of realization of the human rights and law enforcement competences belonging to the indicated bodies and institutions. The main conclusion lies in substantiation of the revival of juvenile delinquency rooms in Russia established in 1941; they must be designed in accordance with the standards that require not less than three separate facilities (for inspector on juvenile division; lockable and equipped with vandal-proof soft wall panels for communication with juvenile delinquents; equipped with sleeping accommodations and toys for stray and neglected children).
Borovkov P.S. - Appointment of the institution of pontificate in Ancient Rome in interpretation of Titus Livius: political-legal aspect pp. 70-80

DOI:
10.25136/2409-868X.2020.5.31569

Abstract: This article examines the passages of Titus Livius’ first book dedicated to the College of Pontiffs. The author provides arguments regarding the correlation between this fragment and more ancient narrative and documental sources dated back to pontifical weather notes and other priestly documents. Attention is focused on terminology of the ancient author applied for characteristics of legal prerogatives of pontificate, mechanisms of its cooperation with government authorities, provisions of archaic legislation on the questions of religious development of the Roman civitas. The work employs special legal and cross-disciplinary methods, which allowed carrying out an authentic reconstruction of the concepts, interpretation of the perceptions of the government, law and religion inherent to the political-legal thought of Ancient Rome. In interpretation of Titus Livius, the laws of Numa Pompilius on the priesthood manifests as sequential reforms aimed at the establishment of the institutions of administration and formation of public-legal relations in the archaic Rome. In combination with other ancient texts, the lore of Titus Livius on the appointment of pontificate can be carefully used as a starting point for retrospective research of the evolution of political-legal prerogatives of priesthood and establishment of the institutions of public law in Ancient Rome.
Lyadascheva-Il'icheva M.N. - Forms of systematization of civil legislation in Russian during the period of 1649-1825: historical-legal aspect pp. 72-85

DOI:
10.7256/2409-868X.2017.3.18289

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

DOI:
10.7256/2409-868X.2016.4.17203

Abstract: This article examines the historical aspect of the evolutionary development of the criminal justice system during the Soviet period, which was characterized by the rejection of the established idea about the criminal justice system. During the first years of Soviet authorities, the government attempted to create something new instead of the rejected bourgeois. The thorough development of the criminal justice system took place during the first codification of the Soviet criminal law based on the Guiding Principles of Criminal Law of 1919; however, the list of punishments was rather approximate, which testified about the lack of the principle of certainty in legislative codification of the penal system. Only in the RSFSR Criminal Code of 1922 the penal system contained an exhaustive list of separate types of punishments. The further development of the criminal justice system was based on the scientific research of the legal experts. The author underlines the establishment of the single terminology within the framework of the doctrine on punishment. The term “penal system” has strongly established in the legal research substituting the previously term “ladder of punishments”. The conducted analysis demonstrates the dialectical unity of the two contrary processes: the criminal justice system, preserving essential properties, was in the constant development through the changes in the inner content. The attempts were made to distinguish the punishment from other measures of state compulsion by means of determination of the essential signs of criminal justice.
Dergunov A.A. - Historical and legal analysis of the genesis of pre-emptive law as a general theoretical phenomenon pp. 73-86

DOI:
10.25136/2409-868X.2022.5.38132

Abstract: The object of the study is social relations taken in historical retrospect, arising, changing and developing under the influence of the advantages of some subjects over others. The subject of the study is the preferential rights taken in historical retrospect. The purpose of the presented research is to form the foundations of the concept of the legislative category of preemptive right. Based on the genesis of the preemptive right, the conclusion is made about the dominance of the objective component in this phenomenon, which implies the possibility of having an additional benefit in comparison with other subjects. It is noted that there is a need to distinguish the pre-emptive right from related categories, primarily privileges and benefits. Dialectical materialism has been chosen as the basic method of scientific cognition, which makes it possible to study objective and subjective factors in the essence of pre-emptive law in dynamics. The historical method is actively used, which makes it possible to highlight the genesis of the pre-emptive right at various stages of historical development. A comparative legal method is used to investigate the evolution of the pre-emptive right in the legislation of various states of the world. The scientific novelty of the work lies in the very formulation of the problem of the need for scientific analysis of the genesis of pre-emptive law as an objective and universal phenomenon, implemented not only in normative acts regulating civil legal relations, but also finding its expression in almost all branches of modern legislation. The relevance of the study is determined by the severity of the problems associated with the presence of such a phenomenon as pre-emptive law in the legislation. The prevalence of the latter in regulatory prescriptions can lead to the rights inequality. In turn, the verified establishment and application of this phenomenon makes it possible to optimize the positions of various participants in public relations regulated by law. The historical analysis of the genesis of the preemptive right allows to conclude about the inevitability and permanence of its presence in the legislation, which determines the relevance of the study.
Trofimov E.V. - Political-legal aspects of establishment of the Soviet one-party state (1917-1922) pp. 74-98

DOI:
10.7256/2409-868X.2016.5.20002

Abstract: The object of this research is the relations of the Russian Social Democratic Labor Party and the Russian Communist Party with other political parties after the[WU1]  February Revolution of 1917, which ended with a complete monopolization of authority by the Bolsheviks and elimination of other parties. The political processes are examined simultaneously with the legal limitation of multiparty system and political pluralism. The author reviews the following important milestones: establishment of the Soviet one-party state, October Revolution, All-Russian Congress of Soviets of Workers 'and Soldiers' Deputies, formation of the All-Russian Central Executive Committee and Council of People's Commissars, negotiations in the All-Russian Executive Committee of the Union of Railwaymen, and political defeat of the “Right Bolsheviks”, All-Russian Congress of Soviets of Peasants' Deputies, etc. The causes and circumstances of elimination of political pluralism during the first five years of Soviet government are analyzed using the official documents, materials of the activity of representative institutions, as well a works of V. I. Lenin. The author explores the changes in the Soviet legislation concerning the freedom of activity of the political parties, as well as the process of elimination of political parties and their integration with the Russian Communist Party of Bolsheviks. In the context of Bolsheviks’ struggle for power against other parties, the article gives a political-legal evaluation to the activity of a number of representative institutions, and mutual positions of Bolsheviks and other political parties during the civil war. The role of coincidences and objective processes in strengthening of Bolsheviks’ dictatorship is demonstrated.    [WU1]
Belyaev M.P., Elyazyan A.S. - Inheritance law in the Grand Duchy of Lithuania pp. 76-91

DOI:
10.25136/2409-868X.2023.11.36751

EDN: XEGKNH

Abstract: The subject of the study is the development of legislation on inheritance of property in the Grand Duchy of Lithuania. The object of the study is the hereditary legal relations of the Grand Duchy of Lithuania of the XV-XVI centuries. The purpose of the work is to reveal the evolution of hereditary legal relations, to identify their essence and patterns of development. From the standpoint of the achievements of modern historical and legal science, the aim is to analyze the main provisions of the inheritance law of the Grand Duchy of Lithuania, to note the characteristic features of the codification process of the XVI century, to analyze the causes and identify trends in the evolution of the institutions of inheritance law. To achieve the goal, general scientific and special research methods were used, including dialectical, historical-legal, comparative-legal and systemic. The result of the work was the first in modern Russian historical and legal science study of the problem of inheritance of property under the legislation of the Grand Duchy of Lithuania. The peculiarities of inheritance by law are revealed. A number of controversial issues in historical and legal science (veno, extortionate property, etc.) are touched upon. Provisions describing trends in the development of hereditary legal relations in the Grand Duchy of Lithuania are introduced into scientific discussion. A comparative analysis of inheritance of property in the male and female line in the Statutes of the Grand Duchy of Lithuania is made. In the course of the study, the main features and patterns of the development of the inheritance law of the Grand Duchy of Lithuania are revealed, thereby filling a gap in the national historical and legal science.
Babintseva E.A., Ponomarenko L.V. - To the question on history of formation of the sanitary and nature conservation activity in Russia in the XVIII century pp. 77-82

DOI:
10.25136/2409-868X.2019.12.31648

Abstract: The object of this research is the sanitary-epidemiological measures in the context of history of nature preservation activity in Russia. The chronological framework covers the XVIII century, which became fundamental for the formation of legislative base in this area of study. The goal of this article consists in determining correlation of compliance with sanitary and hygienic standards with environmental well-being.  The authors also explore the question of the relevant for Russian period of the beginning of combatting insanitary conditions. The plague epidemics of the 1700-1722 that reached Moscow is viewed as the central event affecting the development of sanitary measures. The authors analyze the pivotal historical events on the matter covered in the documents and writings of the scholars involved in studying the specificity of this topic. The scientific novelty consists in consideration of the problem at hand from the perspective of historical and legislative process of development of the state. Based on studying historical processes, the authors determine a direct correlation of flora and fauna with the maintenance of sanitary and epidemiological standard at the level of state control.
Dondokov Z.D. - The problem of the legal status of state bodies: the history of civil thought pp. 78-87

DOI:
10.25136/2409-868X.2022.8.38581

EDN: TXLLUV

Abstract: The State has been a participant in economic relations since immemorial times, but it has always been expressed through a system of its organs and organizations. The modern problem of the legal status of state bodies remains relevant even after the extreme reform of civil legislation, since many aspects of such a status remain unclear to the science of civil law. One of the reasons is that the issue is at the intersection of private and public law. The author, using the comparative historical method of research, on the basis of a systematic approach, tries to establish the continuity of approaches to determining the civil status of state bodies at different stages of the development of the state and law. Thus, the author comes to the conclusion that the pre-revolutionary and Soviet stage of the development of civili law thought is characterized by the consideration of state bodies as integral parts of the entire state, in which they play the role of representatives of the latter. At the same time, with the justification in Soviet law of the formal separation of the property of state bodies from the treasury in the civil legislation of the early stage of modern Russian law, individual state bodies are given the independent status of legal entities. However, this trend is not caused either historically or formally legally. As the author shows, it is caused by an attempt to shift the Soviet system of management of socialist property to the modern conditions of a free economy, when the state acts as an equal participant in the market. In conclusion of his research, the author comes to the conclusion that the problem of the participation of state bodies in civil legal relations is rather characteristic of the modern stage of the development of civil law and is due to the desire to limit the civil liability of the state for the actions of its bodies.
Parsukov V.A. - Role of the Separate body of border patrol of the Russian Empire in counteraction against terrorism and contraband pp. 79-90

DOI:
10.7256/2409-868X.2015.5.15931

Abstract: This article examines the experience of the Separate body of the border patrol in counteraction against terrorism and contraband during the period of XIX-XX centuries. Special attention is given the analysis of the legal acts regulating the activity of border patrols throughout the various parts of the Russian border. Based on the conducted analysis of the normative legal acts, the author concludes that the Separate body of border patrol plays a significant role in increasing the efficiency in the fight against terrorism and contraband in the Russian Empire. Scientific novelty of this work consists in the examination of the questions related to the legal regulation of organization of the service of border patrol, in the interest of protection the population from terrorism and political contraband. The author is the first to conduct such analysis within the Russian historical legal science. The legal aspects of protection of national borders of the Russian Empire are being researched.
Antropov R.V., Antropova N.A. - Legislative reforms and experiments in the system of legal education in Germany during the period of 1971-1984 (on the example of Baden-Württemberg state) pp. 79-89

DOI:
10.25136/2409-868X.2017.12.22089

Abstract: The subject of this research is one of the most interesting stages in the development of German legal education, characterized by an unprecedented experiment on testing a monophasic model of preparation of lawyers. The authors set a goal to examine the essence, causes and consequences of the reform undertaken in the system of German legal education over the period of 1971-1984, as well as reveal the advantages and disadvantages of the new educational pursuing correlation with the current Russian realities. The example of the federal state of Baden-Württemberg, which was actively engaged in the innovation activity and achieved measurable results, clearly demonstrates the implementation and organization of the educational process in accordance with the new monophasic model. The article introduces the works of the German authors and separate normative documents (federal and state laws) that have not been translated into the Russian language, and thus inaccessible to large audience. It is established that the realization of the experiment on testing the monophasic model of preparation of lawyers as an antipode to the entrenched classical diphasic model, was caused by the public dissatisfaction with the quality and protracted character of legal education. It was legitimized by the adoption of a so-called “experimental clause” in the § 5b of the German Act on the Legal Status of Judges of September 10, 1971. The result of this reform led to the reduction of term of legal education to six years due to intensification of the educational process, elimination of the dualism of theory and practice, increase of the research component in education, as well as focus on the individualization of education and orientation towards formation of the socially adjusted personality of a lawyer. The results of the experiment have received mostly positive evaluations from all the participants, however, due to sociopolitical motives, the implementation of the new model of preparation of lawyers has been declined. The very idea of the monophasic legal education alongside the active process of diversification in the area of rendering educational services is currently being implemented; and so are the principles proclaimed by the reformers of the 1970’s – 1980’s[WU1] , which are relevant for Russia due to joining to the Bologna Process.  [WU1]
Kondrateva A.N. - Institution of consent in matrimonial canon law of the medieval Western Europe pp. 79-84

DOI:
10.25136/2409-868X.2018.1.24418

Abstract: The subject of this research is the norms of the Western European medieval canon law that regulate the questions of marriage and sexual behavior. The author focuses attention on the figure of the Monk of Bologna John Gratian, who in his "Decree" first spoke about the role of consent of intending spouses to enter marriage. Gratian’s position, officially supported by the Roman Catholic Church, caused acute discussions in medieval society, as well as became one of the factors of jurisdictional battles between the secular and canon law. Using the historical method alongside method of research analysis carried out by European and American experts in the field of canon law, the author established that Gratian had a strong impact upon the process of formation the matrimonial canon law; although, his influence was only de jure and did not directly affect the usual practice of contracting marriage. However, due to the innovations of the Catholic theologian Raymond Peñafortsky, Gratian's idea was implemented de facto. As a result of the study, the conclusion is formulated that the question of the consent of parties was of crucial importance not only with regards to matrimonial relations, but also the criminal-legal sphere (for example, in qualification the committed action as abduction, kidnapping, “raptus”, etc.). Thus, the rules of expressing the consent to marriage have developed into the entire set of revolutionary for the medieval European society provisions that found reflection in the principal source of canon law, and subsequently, in the Modern Age, were accepted by the secular legislation of some Western states.
Bykov A.V., Bykova A.G. - Legal regulation of penalties for disciplinary offences conducted by police officials of the Russian Empire (second half of the XIX – beginning of the XX century) pp. 80-88

DOI:
10.25136/2409-868X.2019.6.28327

Abstract: The state of discipline and lawfulness in the activity of government bodies, including the internal affairs division, and measures of their support, counting penalty for committing violation by discipline, have always been of great importance. Examination of the historical experience of the development of legislation regulating the application of sanctions for official misconducts and disciplinary offences is relevant and allows determining the sources of the current state of this sphere of regulation. The subject of this research is the relations associated with the violation by the police employees of service discipline in prerevolutionary Russia. The goal of this work lies in studying the issues of statutory regulation of brining he police officials to disciplinary responsibility. The author analyzes the regulatory acts contained in the Complete Collection of Laws of the Russian Empire, and published results of scientific activity. At the same time, the author notes that the modern national science does not give as due attention to examination of responsibility of the police officials as to legal regulation of responsibility of the civil service officials overall. The article determines a set of issues and flaws in legal regulation of disciplinary responsibility. The conclusion is made on the need to pass in the end of the XIX – beginning of the XX century of the new normative legal act regulating the responsibility of the police officials for committing disciplinary offences based on the existing experience. The absence of such legal act and archaic nature of the existing norms negatively influenced the efforts on enforcing discipline. The presented results may be used in conducting scientific research and preparing educational learning materials.
Rakhimova G. - Roman Law in England: history of influence demonstrated in the Constitutions of Clarendon of 1164 pp. 81-91

DOI:
10.25136/2409-868X.2018.12.26623

Abstract: This article examines the history of English Law and the impact of the Roman legal tradition upon its evolution. In order to determine the level and depth of such influence, the author attempts to comprehensively analyze the combination of historical records, legislative bills of England and studies of the historians of English Law, who in his opinion, testify to the profound infiltration of the Roman legal culture into the English. The author particularizes the essential and formal indications of the impact demonstrated in the Constitutions of Clarendon of 1164 as an example of England’s Law of the Anglo-Norman era. A conclusion is made that the Constitutions of Clarendon, likewise the historical mirror, confirm the search for systemic approaches in establishment of English Law namely in the Roman legal culture. The fact that English Law formed its concept and mechanism on the basis of the Roman legal tradition and Christian religion, testifies in favor of the historical and essential relation between the Anglo-Saxon and Continental legal systems, which questions the substanuation and purposefulness of the traditions of their contradistinction.
Sumenkova M., Katomina V. - Administrative-legal measures in the fight against alcoholism in Russia: history and modernity pp. 81-95

DOI:
10.25136/2409-868X.2020.5.32770

Abstract: The goal of this research is the formation of conceptual foundation for administrative-legal regulation of fight against alcoholism, cognate with the development of practical recommendations aimed at increasing the efficiency of legal measures of overcoming negative consequences caused by consumption of alcohol beverages. The relevance of this work is determined by severity of the problems related to consumption of alcohol, and as a result, degradation of population, increase in mortality rates, destruction of moral and ethical values of the people, and aggravation of criminogenic situation. The Russian government has always used the administrative-legal measures to combat alcoholism. The object of this research is the social relations in historical retrospective that emerge, develop and transform under the influence of administrative-legal measures of combating alcoholism. The subject is administrative-legal measures of the government aimed at fight against alcoholism. The comparative-legal method allowed juxtaposing the legal measures implemented in prerevolutionary, Soviet and current legislation. The scientific novelty consists in articulation of the problem underlining the need for scientific analysis of administrative-legal measures of combating alcoholism at the domestic level and recommendations on its optimization. The major dilemma of administrative alcohol policy is that one the one hand, excessive liberalization of the consumption of alcohol beverages is the cause of alcoholization of population, while on the other – tightening of control measure leads to the increase of bootlegging, causing the drop in state revenue, as well as worsening of somatic and psychological health of the people.
Shayakhmetova T.E. - Legal regulation of execution of punishment in form of deprivation of freedom in the Russian Empire in XIX century pp. 83-90

DOI:
10.7256/2409-868X.2017.4.18370

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

DOI:
10.7256/2409-868X.2015.4.16090

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

DOI:
10.7256/2409-868X.2017.3.21980

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

DOI:
10.7256/2306-420X.2013.4.324

Abstract: The article is devoted to the specific features of state policy implemented by Bolsheviks during the Civil War. The author defines the followin specific features of the policy: political intimidation in the form of terror, collective punishments, legal extremism. Are analyzed practice of their application, conditions of emergence and long-term consequences for formation of the Soviet it is state - legal policy as complete concept. Influence of civil war on formation of "the military and Soviet legal culture" which found reflection in made legal decisions and methods, as a whole in legal policy is traced. The thesis that the role is right in the conditions of the solution of the main task - "protection of revolution" locates, became minor and in the organizational plan completely included in the party and state system. The author comes to a conclusion that the main feature is state – legal policy there was an intimidation in the form of terror. Terror became defining method of preservation of the power when the law is replaced with fear and violence, the main components of policy of intimidation.Work is written generally on regulations and archival documents a material therefore it can be used when developing scientific subjects, when writing articles and monographs, and also in the course of studying of training courses "History of state and law of Russia", "History of political and legal doctrines" and other training courses
Yashchuk T. - The activity of Legal Commission of the Council of Ministers of USSR with regards to systematization of legislation pp. 89-102

DOI:
10.25136/2409-868X.2019.6.29746

Abstract: The subject of this research is the exercise of powers of Legal Commission of the Council of Ministers of USSR with regards to systematization of Soviet legislation. The author determines the reasons for its establishment, describes the institutionalization process of the Legal Commission, its genetic affinity to a number of commissions dealt with systematization of legislation during the 1920’s. The subject of this research is particularized with chronological framework. The author analyzes the entire period of operation of the Commission, since the organizational activities in 1956 and until the delegation of authorities to the Ministry of Justice of USSR in 1970. The research methodology contains the methods of historicism, formal-legal, and functional. The article examines the arrangement and activity of Legal Commission from the perspective of historicism due to democratization of the political regime and state apparatus reform. The formal-legal method allows identifying and analyzing the core regulatory acts that establish the inner structure and powers of the Legal Commission. The functional method is used for characterizing the key vectors in the activity of Legal Commission on systematization of legislation. The scientific novelty consists in determining a status of Legal Commission of the Council of Ministers of USSR, which due to abolition of the Ministry of Justice of USSR, centralized its fundamental functions on systematization of legislation, and partially the lawmaking functions. The author underlines its role in the developing sectoral framework of the national legislation, finding outdated acts and their further abrogation, comprising the chronological collection of legislative acts and government decisions of the Soviet Union, followed by systematic collection.
Odegov A.E. - Influence of the revolutionary terrorism of the late XIX century upon the transformation of the judiciary of the Russian Empire pp. 91-102

DOI:
10.7256/2409-868X.2015.5.15932

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

DOI:
10.7256/2306-420X.2014.5.13373

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

DOI:
10.7256/2409-868X.2015.4.15629

Abstract: The object of this research is the judicial system of the Russian Empire; the subject is the realization of the institution of the judiciary body of the municipal estates of the 1775-1867. The article presents the analysis of the practice of replacement of the post of a “judge” in the courts of the governorates and districts – in 1775-1797 within the governorates and municipal magistrates and town halls, and in 1802-1867 in the chambers of criminal and civil courts, municipal magistrates and town halls, as well as the attitude of the city residents towards the branches of “official” justice, and efficiency of the judicial-legal policy of the Russian executive authority. The scientific novelty of this research consists in the introduction of the previously unused materials of the procedural documentation of local state branches of the end of XVIII – beginning of the XIX centuries, which shed light on the peculiarities of not only the realization of electoral legislation, but also the work of the courts, created during the reform of the local government of 1775-1785 and their role in the regulation of public relations on the territories of Oblasts with mixed urban population. The conclusions made by the author allow us to assess the methods, means, and results of the efforts of the executive authority in strengthening the balance of public relations – both, inter-class and inter-ethnic.
Krichevtsev M.V. - Life sentence as a type of criminal punishment in France of the late XVIII – early XIX centuries pp. 96-108

DOI:
10.25136/2409-868X.2020.12.34714

Abstract: This article questions the opinion established in modern French historiography on implementation of life sentence as a criminal punishment under the rule of Napoleon Bonaparte (in accordance with the Criminal Code of 1810). Leaning on examination of legislative, policy drafting, and court materials, the author traces the evolution of the system of criminal penalties associated with incarceration. and determines the role of life sentence therein – since the adoption of first criminal laws in the era Great Revolution until the revision Napoleonic Criminal Code in 1832, and the court of Peers under Louis-Philippe I. The acquires materials demonstrate that after long absence of the  Consulate and Early Empire in the time of Revolution,  life sentence was envisaged by the Criminal Code of 1810 as an alternative measure to penal servitude for life or deportation (for criminals of senior age), rather than an separate type of criminal punishment. Reference to the practice of the court of Peers during the Restoration and the July Monarchy suggests that life sentence became a separate type of criminal punishment only with the advent of verdict passed by Peers with regards to 1830 case of former ministers. This sentence was based on the combination of legislative and court functions in actions of the Chamber of Peers as higher justice authority, and thus was of constitutive nature. The conclusion is made that the implementation of life sentence in French criminal law should be attributed to the time of the July Monarchy rather than the ruling of Napoleon Bonaparte.
Bakharev D.V. - "It is impossible not only to provide for all the needs of places of detention caused by overcrowding, but also to feed prisoners": interdepartmental financial disputes on the eve of the birth of the Soviet camp system (1928-1929). pp. 98-111

DOI:
10.25136/2409-868X.2022.6.38344

EDN: FBDOFY

Abstract: The subject of the study is the financial and economic prerequisites of the hardware confrontation on the strategy and priorities of the development of the Soviet correctional labor system, observed at the turn of the 1920s-1930s. Archival documents of that era are analyzed, indicating that the NKVD of the RSFSR and its subordinate Main Directorate of places of detention in the specified period experienced an acute shortage of funds for the maintenance of constantly an increasing contingent of prisoners. The leadership of the People's Commissariat (V. N. Tolmachev) and GUMZ (E. G. Shirvindt) made significant hardware efforts to eliminate the shortage of monetary resources and, with the support of the SNK of the RSFSR, sometimes even acted bypassing the People's Commissariat of Finance of the RSFSR for these purposes.   Therefore, including for this reason, it categorically refused to participate in the financing of measures to create new correctional labor camps under the auspices of the OGPU. At the same time, representatives of the NKVD opposed the very idea of expanding the camp system and transferring other categories of prisoners to the OGPU in addition to those convicted of counterrevolutionary crimes. The article also cites other archival documents, which, together with the rest of the sources analyzed in it, cast doubt on the well-established opinion that the head of the NKVD V. N. Tolmachev was one of the initiators of the project of transition to a mass system of camp organization of forced labor of prisoners in the USSR.
Shchedrina Y.V. - The judges’ affiliation with political parties and question of ensuring judicial independence in Russia: historical-legal aspect pp. 99-111

DOI:
10.7256/2409-868X.2016.5.20718

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

DOI:
10.7256/2409-868X.2015.5.16988

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

DOI:
10.7256/2409-868X.2015.2.13938

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

DOI:
10.7256/2409-868X.2017.3.18202

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

DOI:
10.7256/2409-868X.2016.6.19612

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

DOI:
10.7256/2306-420X.2014.4.11968

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

DOI:
10.7256/2409-868X.2015.4.15412

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

DOI:
10.7256/2409-868X.2015.2.14134

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

DOI:
10.7256/2306-420X.2013.4.745

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

DOI:
10.7256/2306-420X.2014.6.13416

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

DOI:
10.7256/2409-868X.2015.1.13787

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

DOI:
10.7256/2409-868X.2016.6.20616

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

DOI:
10.7256/2409-868X.2015.2.14197

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

DOI:
10.7256/2409-868X.2015.4.14817

Abstract: This article is dedicated to the characterization of the organization and personnel of the investigative branch of the Yekaterinburg Local Court throughout the period of its existence (1874-1917) in the context of development of investigative body of the Russian Empire of the reformation period. The article addresses the issues of evolution of the organizational structure of the investigative body of this period, differentiation of investigative posts, emergence and development of the system of investigative sectors, establishment of investigative sectors on the territory of Central Ural, as well as number and personal characteristics of the of the investigators of the Yekaterinburg Local Court during 1894-1916. The work presents the generalizing information on the social and ethnic origin, family ties, age, education, professional experience and social status of the investigators of the Yekaterinburg Local Court during 1894-1916. The author concluded that unlike during the Soviet era, there were no structured special divisions that united the investigators (investigative departments) in the branches of reformed Russia. There was also no position of a head of the investigators that was part of the court’s personnel. Similarly, there was no division of administration of the investigative branches (investigative division or department) throughout the period of 1864-1917 even in the central apparatus of the Ministry of Justice.
Krichevtsev M.V. - Revision and cassation in French military courts of the late XVIII – early XIX centuries: on the legal nature of permanent councils of revision pp. 146-155

DOI:
10.25136/2409-868X.2021.11.36953

Abstract: This article contains material on the history of the Permanent Councils of Revision – bodies of military justice in France of the late XVIII – early XIX centuries, which is examined in the Russian historiography for the first time, as well as poorly studied in the French historiography. Leaning on the legislative acts and works of the French lawyers of that time, analysis is conducted on the procedure for the formation of the councils of revision, and determination of their judicial competence. The article also raises the question on correlation of the concepts of “revision” and “cassation” in French military justice of the end of revolutionary and post-revolutionary eras. Consideration of the provisions of French jurisprudence of the early XIX century allows concluding that the concept of “revision” could also include cassation of court judgments. Comparison of the permanent councils of revision, which carried out the functions of cassation of court decisions, with the Cassation Tribunal (in the imperial time – the Court of Cassation) did not allow to equate these bodies, which were created separately for military and civilian justice. Having a different procedure for the formation of bench of judges, the permanent councils of revision were granted the limited authority to conduct cassation and were not of equal importance to the Court of Cassation.
Kenya I.A. - Charity in Terms of Socio-Economic Development of Russia: Legal and Regional Aspects pp. 149-164

DOI:
10.7256/2306-420X.2013.3.789

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

DOI:
10.7256/2409-868X.2015.1.13879

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

DOI:
10.7256/2409-868X.2015.2.14294

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

DOI:
10.7256/2306-420X.2014.6.13685

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

DOI:
10.7256/2409-868X.2015.1.13891

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

DOI:
10.7256/2409-868X.2016.6.21086

Abstract: The object of this research is the Camps of the Main Administration for Affairs of Prisoners of War and Internees of NKVD (MVS) of the USSR located in Chelyabinsk Oblast over the period of 1942-1950, theor numbers, dislocation, and time they were active. The author bases himself upon the results of the conducted in the 1990’s search by Association “War Memorials” of the Ministry of Defense of the Russian Federation for the purpose of detection of the location of camps for foreign war prisoner, separate labor battalions and specialized hospitals, as well as recently published in Russia and abroad documental materials. The article reveals the dislocation of all of the facilities for housing and treating of the foreign war prisoners and German internees during the World War II and first postwar years, as well as determines the stages of existence of the camp system of the Main Administration of NKVD of the USSR regarding the war prisoners and internees in Chelyabinsk Oblast.
Maximova O.D. - The definition of law and lawmaking in psychological concept of M. A. Reisner pp. 166-173

DOI:
10.25136/2409-868X.2019.12.31595

Abstract: After the October Revolution, Russian undergone substantial effort on creation of the theory of Soviet law. One of the concepts developed in the 1920’s was the theory of M. A. Reisner, who leaned on the psychological theory of law of Leon Petrażycki and Marxism. Las was viewed as the phenomenon of psyche, but of separate classes (i.e. peasantry or workers) rather than of a separate individual. At the initial state of development of the Soviet law, this concept allowed to a certain extent explain the drastic changes experienced by the national law. Although lawmaking was assessed as the activity severely influenced by the government, the lawmaking in the Soviet State was considered as an organizing activity. Analysis is conducted on the main writings of M. A. Reisner outlining the conceptual grounds of the doctrine. The legal categories, through which he elucidated the concept of law and lawmaking are determined. This theory associates the division of law into public and private with the dominance of private property. The perception of state and law as a seamless unity is subjected to criticism. The conclusion is made that law is an ideological form, while lawmaking is a form of expressing common law, which is achieved and established by the state as a result of class compromise.
Zipunnikova N. - "...We've Turned out Universities to the Advantage of Science and Public Education': On the 180th Anniversary of the General Statute on the Russian Imperial Universities of 1835 pp. 170-204

DOI:
10.7256/2409-868X.2015.2.14305

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

DOI:
10.7256/2306-420X.2014.6.13697

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

DOI:
10.7256/2409-868X.2015.4.15824

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

DOI:
10.7256/2409-868X.2015.5.15031

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

DOI:
10.7256/2409-868X.2015.4.14190

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

DOI:
10.7256/2409-868X.2016.6.21362

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

DOI:
10.7256/2409-868X.2015.6.17355

Abstract: This article examines the question of genesis of the legislative structure of the Digest of Laws of the Russian Empire of 1832. The author analyzes the theoretical ides, basic principles and rules of drafting of the Digest of civil procedural laws. A special attention is given to the construction projects of the system of civil procedural legislation. During the course of examining the legislation structure of the Digest of laws, the author determines the correlation between the elements and the peculiarities of public relations. The author reviews civil procedural law, evolution of the Russian civil procedural law, modern historical legal science, as well as history of the Russian procedural law. It is noted that in the courts of this time period were known for bribery ; it was considered as bureaucracy – corrupted, ignorant, unaccountable, but at the same time was silent before the highest authorities.
Kvachadze O.B., Romanovskaya V.B. - Criminal law and procedural norms within the town law of Western Europe during XI-XV centuries pp. 236-250

DOI:
10.7256/2409-868X.2015.4.15896

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

DOI:
10.7256/2409-868X.2015.4.14496

Abstract: The subject of this research is the genesis of legal education in Germany, changes in the structure and content of university training of legal personnel at various stages of community development of German, taking into account the concrete historical situation. A review of the problem starts with the XIX century, notably since the rule of Prussia in the internal and external political processes of the German Empire, which had an impact on legal education. The closing date of the study is 2003, marked a new chapter in the history of legal education of modern Germany in connection with the adoption of the Law on the reform of legal education in 2002. Methodological basis of research is represented by a set of approaches and methods developed modern historiography, which is based the principles of historicism and science, as well as the historical-comparative method and structural-functional analysis. The study relies heavily on the German-language materials, both published and unpublished (electronic) to allow a full picture of the changes taking place in the field of legal education in Germany and giving the key to understanding the sources and essence of the modern model of judicial training in the Federal Republic, as well as as to why Germany rejected the introduction of tools of the so-called «Bologna process» in the classical legal education.
Sosenkov F.S. - The Main Trends in the Formation of the Soviet Federal Socio-Territorial Space (1917 – 1922) pp. 253-277

DOI:
10.25136/2409-868X.2022.12.39569

EDN: JYOKTL

Abstract: The subject of the study is the process of formation of the Soviet federal socio-territorial space in the period 1917 – 1922, which includes the design of the state borders of Soviet Russia, the definition of the principles of the Soviet Federation (internationalism, the right of nations to self-determination), the regions composition of the RSFSR, the order of distribution of rigions and powers between the center and the regions, the scope of such powers and subjects of reference. The purpose of this study was to study the trends in the formation of the Soviet Federation in the diversity of its regions, the influence of these trends on outsiders of the next historical level of the Soviet Federation – the Union of Soviet Socialist Republics. To achieve this goal, a set of universal (dialectics), general scientific (analysis, synthesis, deduction, induction, structural-system method), private scientific methods (historical method), special methods (formal legal, comparative legal) were used. The novelty of the research lies in the fact that the author highlights the following trends in the first experiments of building a Soviet federal state: 1) the experimental nature of the construction of the Soviet federation in the absence of appropriate political and legal experience; 2) the ideocratic nature of the Soviet federal state, based on internationalism and the right of nations to self-determination; 3) the national-territorial nature with obvious asymmetry in favor of national subjects; 4) the initial non-determination of the borders of the Soviet federation; 5) the indefinite subject composition of the federation, constantly changing, both qualitatively and quantitatively; 6) the situational and individual nature of the distribution of subjects of competence and powers between the center and the regions. A special contribution of the author to the research of the topic is the introduction into scientific circulation of archival documents from the funds of the State Archive of the Russian Federation and the State Archive of Socio-Political History.
Shayakhmetova T.E. - The police involved in the organization of public charity in the Russian Empire of the XIX century pp. 256-267

DOI:
10.7256/2409-868X.2015.6.16694

Abstract: Public charity in the Russian Empire, as a social activity, was a complex of legal and organizational measures aimed at social support and protection of vulnerable groups, creating conditions for the realization of their labor ability, and also measures of law enforcement, medical, religious and educational nature. The police involved in the field of public welfare was manifested in the efforts of state bodies in the sphere of public charity, primarily the Ministry of internal Affairs of the Russian Empire, which was responsible for its organization at Central and peripheral levels.Methodological basis of research is the dialectical-materialistic method of cognition of socio-legal phenomena, as well as historical and legal, system-structural, comparative legal, logical-theoretical and private scientific methods of study normative documents in combination with a systematic approach and analysis. The main conclusion of the conducted research was the provision that the police took an active part in the organization of public charity in the Russian Empire of the XIX century. The Ministry of internal Affairs practically since its formation in 1802, was entrusted to manage not only the orders of public charity, but most importantly the facility of all Affairs of the charity. It was an expression of the desire of the authorities to implement law enforcement and social functions by one Department. Performing a law enforcement function, the Ministry of internal Affairs have solved the problems of police surveillance and control the activities of charity societies and private persons, undertook measures for the prevention and suppression of vagrancy and begging.
Ukolov D.S. - The history of formation and development of rent relations in Europe and Russia pp. 265-274

DOI:
10.7256/2409-868X.2015.4.14440

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

DOI:
10.7256/2409-868X.2015.6.15341

Abstract: This article is dedicated to the history of manifestation of collaborationism in the Soviet Union during the Great Patriotic War, as well as the problem of its differentiation from the other forms of cooperation of the Soviet citizens with the German occupants. The author analyzes the normative legal acts, socio-political processes and phenomena of the researched period in order to determine the juridical understanding of the manifestation of collaborationism, as well as the causes and conditions of political, legal, and social character, which contributed into collaboration and establishment of the repressive practice and prosecution of the Soviet citizens who was cooperating with the enemy. Based on the analysis of the historiography of collaborationism in USSR during the period of the Great Patriotic War and its demarcation from the other forms of cooperation of the Soviet citizens with the German occupants, the author determines a number of characteristic features and conditions that promote the formation and realization of the manifestation of collaborationism, as well as substantiates the need for their juridical and moral-ethic differentiation by taking into account the proposed criteria.
Kodan S.V. - The Code of Laws of the USSR and the Codes of Laws of the Union Republics in Ensuring the Legislative Unity of the USSR (mid-1970s - 1980s) pp. 278-294

DOI:
10.25136/2409-868X.2022.12.39570

EDN: KMYHZM

Abstract: The creation of the Code of Laws of the USSR was a new stage in ensuring the unity of the legislative space in the USSR. In accordance with the decisions of the XXV Congress of the CPSU and the Resolution of the Central Committee of the CPSU, the Presidium of the Supreme Soviet of the USSR and the Council of Ministers of the USSR (1976), theoretical study was carried out and work was carried out in the period up to 1985 on the publication of the Code of Laws of the USSR. Accordingly, the preparation and publication of codes of laws in the Union Republics began. The scientific novelty of the article consists in generalizing the available materials and determining the place and role of the Code of Laws of the USSR and the codes of laws of the Union Republics in ensuring one of the main elements in ensuring the unity of the Secular Union State. It is concluded that the Code of Laws of the USSR and the codes of laws of the Union republics in ensuring the unity of the legislative space of the USSR became the final stage in the centralization and coordination of the system of legislation at the level of the Union state and its constituent republics. The codes of laws were not only an important means of maintaining the unity of the legislative space of the country, but also contributed to the development of the legislative system as a whole and its branches – identifying gaps, coordinating the content of union and republican normative legal acts. At the same time, they are the most important source of studying the development of the USSR and Soviet law as a whole.
Biyushkina N.I. - The principles of the Soviet law in the context of codification during the period of 1950-1960 pp. 291-310

DOI:
10.7256/2409-868X.2015.6.17096

Abstract: The author thoroughly examines a number of the most important historical events that took place in the Soviet State in the 1950’s, which made possible the XX Congress of the Communist Party of the Soviet Union with the momentous report by N. S. Khrushchev dedicated to the cult of personality and its consequences. During this political forum, was approved a number of actions aimed at realization of the principles of socialistic legality and law order, protection of rights and freedoms of the Soviet citizens, interparty democratism, which later was reflected in the Soviet law of the studied period.  The author examines the importance of the XX Congress of the Communist Party as a pivoting point in the domestic policy of the Soviet State, as well as substantiates the causes of conduction of codification of the Soviet legislation during the period of 1950-1960.  The author is the first to conduct a comprehensive analysis of the principles of Soviet law within the stated period. Based on the developed criteria, the periodization of the establishment of the principles of Soviet socialistic law in accordance with its branches is performed.  Codification of the Soviet legislation was based on the general legal principles: socialistic legality, democratism, social justice, and social freedom. The author’s main contribution consists in the conclusion that the true modernization of Soviet legislation during this time frame encouraged solving the most odious totalitarian tasks while preserving the Communist ideology.  
Aleksandrova O. - The peculiarities of process structuring on maritime trade affairs (δίκαι εμπορικαί) in the IV century BC pp. 302-309

DOI:
10.25136/2409-868X.2021.12.36797

Abstract: The subject of this research is the distinctive features of δίκαι εμπορικαί – special type of proceedings in the Athens People's Court of the IV century BC associated with maritime trade operations, which is of crucial importance due to the constant need of the Athenian State for imported grain. The main source for revealing the specificity of this type of proceedings are the speeches attributed to the remarkable Athenian orator Demosthenes: “Against Zenothemid”, “Against Apaturia”, “Against Phormio”, and “Against Lacrit”), as well as speech LVI ("Against Dionysodorus"). This topic is important for understanding the development of Athenian judicial system; however, it is virtually unstudied in the Russian historiography, except certain aspects in the works of L. M. Gluskina and L. P. Marinovich. The following conclusions are made:   - A distinctive feature of δίκαι εμπορικαί processes was the participation of foreigners and possibility of challenging the decision by filing a protest;   - They were announced to be held in a short period of time throughout the navigation period;   - The case was considered on the basis of a written agreement, which had privilege over all other laws. Due to such favorable terms, Athens remained attractive city for conducting trade. The Emporiums were allowed to conclude permanent deals based on the Athens’s need for grain, as well as could count on the quick settlement of conflicts if such emerged. This is how the Athenian State solved the problem of bread delivery to the city.
Antropov R.V. - The German legal education in historical aspect pp. 311-321

DOI:
10.7256/2409-868X.2015.6.16346

Abstract: The modern classical legal education in Germany is a legacy of the Prussian model of judicial training, which in its development has repeatedly transformed, reflecting the political changes and the mood of German society according to the chronology of the historical development of the state. The importance of the study of the German legal education is predetermined by high achievements of the German legal culture, long-standing university traditions and huge intellectual potential of the German historical schools of law, it is impossible to ignore the reformatting of policy of Russia towards the European educational standards.However, for foreign publications, regarding the history of the German legal education, the certain deficiencies and fragmentariness are characterized, and the works of historians of law and comparativists of our country touch on this aspect only in very small degree. The author offers the reader the historical reliability representation about the system of judicial training in Germany in dynamics of its development, built on the basis of use of special historical methods (historical-comparative, historical-systematic, retrospective, synchronic and diachronic analysis and others).The results of the study can be estimated with a number of positions: historical-legal, political, academic and scientific-methodical.
Zipunnikova N. - Development of the law education and teaching of state law (thesis on the characteristic of education and scientific system of Russian in the XVIII-XIX centuries) pp. 326-344

DOI:
10.7256/2409-868X.2015.3.15050

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

DOI:
10.7256/2409-868X.2015.3.15151

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

DOI:
10.7256/2409-868X.2015.3.14690

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

DOI:
10.7256/2409-868X.2015.3.14851

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

DOI:
10.7256/2409-868X.2015.3.15120

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