Law and Politics - rubric History of state and law

Abstract: The article is devoted to the policy of the Soviet government towards the participants of the White movement and the political emigrants in 1920-1930. The author studies the various normative acts, which regulated the return of emigrants. The Soviet government used various means in order to fight its ideological counterparts, but it provided an amnesty for all former Russian citizens, who did not commit grave crimes against it. So it allowed them to return or to recover the Russian (Union) citizenship.

Keywords: jurisprudence, Soviet government, White movement, political emigrants, 1920-1930, amnesties, return, Motherland, citizenship

Abstract: The article is devoted to the ideological bases of Russian trade law, its subject, method, structure, its refl ection in scientifi c disputes. The authors view the pro- and con- positions for the emancipation of trade law in Russia before the revolution, they establish general and supplementary scientifi c problems, as refl ected in the paradigm of trade law and trade legislation.

Keywords: jurisprudence, law, trade law, trade custom, trade relations, duality of private law, trade activity, trade, trade legislation, method of trade law.

Abstract: The article is devoted to the history of extortion in Russian criminal law. The author analyzes pre-Revolution and Soviet periods in formation of defi nition of this crime and its constituent elements.

Keywords: jurisprudence, extortion, history, evolution, order, threat, law, elements, responsibility.

Abstract: In this decade the role of religious factor is ever-growing in private life, as well as in public and political sphere in Russia. According the sociological polls, as held by RPORC in January 2010, 75% of people in Russia are Orthodox Christians. That is why not only the common people, but also the political leaders turn to church in order to persuade or dissuade the people on certain political and civilizationrelated choices. Developed social and political thought of the Russian Orthodox Church, as enshrined in the doctrine is a necessary factor for the active and unabridged infl uence of church into life of society.

Keywords: political science, church, doctrine, concept, social and political, society, state, institution, modern, processes.

Abstract: Based on large amount of archive source the author analyzes the attitudes of the village people towards the local authorities and their representatives. The author shows the mechanism of the functioning of village meetings, and the ways decisions were made in these meetings, analyzes how the peasants perceived the activities of the elected offi cials in the village.

Keywords: jurisprudence, law, community, administration, authority, meeting, elder, crime, record clerk.

Abstract: The article is devoted to the legal position of the foreigners in the Soviet Russia in 1920s – 1930s. The author analyzes the domestic legislation and international agreements, as well as specialized literature, then comes to a conclusion on the national regime of Russia towards foreigners, as refl ected by almost full equality of rights to working resident foreigners and citizens.

Keywords: jurisprudence, Russia, law, position, foreigners, legislation, agreements, regime, identity, equality, right.

Abstract: The article is devoted to the legal basis for the activities of the local Councils in the first half of the 1970s. The author describes some novelties in the powers of the local Councils of Deputies of the Working People, their rights and obligations

Keywords: jurisprudence, deputy, legislation, powers, USSR, RSFSR, Executive Committee, rights, Decree, self-government

Abstract: This article is devoted to the specific features of the legal system of Dagestan in XIX century, the author demonstrates how many moments of the modern concept of the legal system may be used in order to show the valuable elements of the legal life of a society at various periods in history

Keywords: jurisprudence, legal system, legal life, legal cognition, custom, normative legal act, source of law, mechanism of legal regulation, legal ideology, statehood

Abstract: The article is devoted to the rules of “criminal codes” of the ancient civilizations and the problem of establishing criminal deeds and their social dangerousness

Keywords: jurisprudence, history, politics, criminal law, justice, crime, punishment, judicial process, norm-formation, Confucianism

Abstract: Since the Russian state is turned towards market relations, it’s a popular misconception that a cultural object can be moved, changed and rebuilt without much difficulty. In this article by A.N. Panfilov based on analysis of a wide range of sources he shows the reason why it is impossible to establish more or less exact quantity of historical objects and their condition, formulates provisions on improvement of the situation in this sphere. The author establishes the need for the change in the approaches towards safeguarding objects of cultural heritage in historical settlements, offers ideas for regulating such work at the federal level

Keywords: jurisprudence, object of cultural heritage, protection, destruction, nihilism, federal law, historic settlement, decentralization, inventory

Abstract: This article is devoted to the formation of the institution of diplomatic immunity in the Ancient World and in the Middle Ages. The author shows the legal nature of diplomatic immunity of these periods, establishes that elements of diplomatic immunity may be found in the practice of ancient and medieval states

Keywords: jurisprudence, institution of diplomatic protection, Ancient World, Middle Ages, foreigner, sources, custom and contracts, diplomatic immunity, ambassador law, institute of consuls, diplomatic immunity

Abstract: The article is devoted to the trade and industrial policy of the Russian Empire of XIX — early XX centuries, which influenced the forming industrial legislation. The author views key directions of these policy, separating them into key and accompanying ones. The author then mentions the legal drafts in this sphere, which were initiated by the state and facilitated the formation of the Russian economy in the above-mentioned period of time

Keywords: jurisprudence, law, politics, state, economics, industry, legislation, trade and industry, legislation, legal draft, trade and industrial policy, Russian Empire

Abstract: By the middle of XIX century the judicial system of the mountain peoples was based on the very same norms, that they had before they were included into Russia. In the second half of the XIX century the judicial system of the Empire was reformed, and the judicial system in this region sorely needed reform. Due to the reform, there were mountain “speaking” courts, which were aimed to gradually prepare the Northern Caucasus to the introduction of the Russian judicial institutions. Keywords: jurisprudence, judicial system, Northern Caucasus, mountain courts, aul courts, mediation courts, adat, judicial process, reform, mountain peoples

Abstract: This article includes analysis of state regulation of rights and obligations of users of land in the Northern Caucasus and the Transcaucasia due to their introduction into the Russian Empire, their changes. Keywords: jurisprudence, state, territory, owners of land, users of land, property, rights, obligations, individualization, protection

Abstract: This article includes analysis of sex crimes in the Russian village of late XIX — early XX centuries. The author views various types of sexual crimes of Russian peasants, motives and popularity of such crimes. The author also establishes the contents of the criminal legislation of the Russian Empire as well as common legal views of the peasants towards such crimes. Keywords: jurisprudence, peasants, crime, punishment, court, rape, incest, homosexuality, bestiality

Abstract: The author evaluates the correlation of politics, law, economics in the civil legislation of the Soviet state at the time of New Economic Policy (NEP). The author establishes the influence of political factors on development of law and economics, analyzes judicial practice on solving civil cases in 1920s, as well as the basic factors, influencing the real situation in the NEP economics. Keywords: jurisprudence, politics, law, order, economics, state, property, Code, capital, courts

Abstract: The article is devoted to genesis of formation and development of legal conscience of people, prerequisites and sources of its formation. The author establishes five stages of formation of Russian legal conscience, and also pays much attention to the problems of formation and development of legal conscience at the current period. Keywords: jurisprudence, legal conscience, paganism, Christianization, Europeization, crisis, process, dissolution, period

Abstract: In this article the authors evaluate the issues of development of legal science in the period of reforms of that period. The authors analyze the key directions of development of Russian legal thought of late XIX – early XX centuries. Keywords: jurisprudence, reforms, science, law, legal studies, historism, development

Abstract: In the process of introduction of the Northern Caucasus into the Russian Empire, the issue of legal regulation of marriage relations of the mountaineers and mixed marriages arose. This article is devoted to the reforms, which the Tsar’s administration implemented in the Northern Caucasus in the sphere of marriage and family. The author studies the procedure of marriage of the Muslims, limitations to their marriages, the conditions for validity of the marriage, and also such important Sheriat law institutions as stealing of brides, and bride-price (kalym). Keywords: jurisprudence, Northern Caucasus, family and marriage relations, Muslims, mixed marriages, marriage age, bride-price, kalym, Empire law, bride-theft, Sheriat

Abstract: The article is devoted to the contents of enacted political judicial processes on religion, God, church hierarchs and priests, as well as religious believers, which were widespread in the agitation and propaganda of the Soviet state in 1920s. The author establishes the changes in public conscience under the influence of such court procedures. Keywords: jurisprudence, Komsomol (CYL), religion, public conscience, believers, application of law, youth

Abstract: This article includes an attempt to solve the terminological complication in the Russian historical and legal science in the sphere of political and geographical terms, characterizing the Southern North Caucasian end of the Russian Empire of XVIII century. Base on analysis of word usage, some publications on the history of this region, as well as some theoretical and legislative sources, the author offers his option for the most correct terms. Keywords: jurisprudence, Northern Caucasus, Ciscaucasia, terminology, administrative and legal development, state formation, borders, frontiers, Caucasian Province, geography

Abstract: The review article is devoted to the publication of Casian documents and Khan’s yarliks from the fund of the museum and national reserve “Ichan – Kalya” as well as from a number of private collections The documents published are the key financial source for the studies of Muslim jurisprudence, diplomacy, social, economic and legal terminology of the XVII – early XX century of Khiva’s Khanate. Keywords: jurisprudence, judge, qadi, letter, vaqf, claim, rent, granted, Khanate, Khiva, yarlik

Abstract: The author evaluates customary legal views of the Russian peasants towards property crimes, includes the analysis of most popular types of such crimes in the village. He establishes the principles of peasant justice, types of punishment used by the volost courts. He establishes the norms of customary law and official legislation and their role in establishing the punishment for offences. Keywords: jurisprudence, law, community, theft, horse theft, crime, court, punishment

Abstract: Based on comparative study of the norms of the Code on Criminal and Correctional Punishments of 1845 (1885 with changes by Amendments of 1912, 1913, 1914), Criminal Code of 1903, the Criminal Code of RSFSR of 1922, 1926, 1960 and the existing Criminal Code of the Russian Federation of 1996, the author studies the evolution of the legislation of Russia in the sphere of criminal legal protection of trademarks, service marks, name of place of goods’ origin. Keywords: jurisprudence, intellectual property, trademark, means, individualization, brand, history, responsibility

Abstract: The author analyzes the formation of Stavropol District Court, the normative acts, guiding its activities. The author also studies the evolution of judicial system in the region in late XIX – early XX centuries, the structure of judicial power, activities of Justices of Peace, attorneys, judicial investigators. Keywords: jurisprudence, judicial statutes, court, reforms, judicial procedure, judicial structure, justices of peace, attorneys, judicial investigators, national minorities

Abstract: The article is devoted to the tendencies of latest changes in the Russian legal policy, the drafts of changes into the Constitution of the Russian Federation and the Russian legislation. Keywords: jurisprudence, amendments to the Constitution of the Russian Federation, unified judicial power, changes in the Criminal Code of the Russian Federation, state treason, spying, limitations to jury trials, efficient criminal policy, quantity of imprisoned population, liberalization of the legal policy of the Russian Federation

Abstract: The article continues the topic of publication in the journal “Law and Order” (n.3, 2008), where the process of formation and development of legislation on procedural powers of the prosecutor at the stage of institution of legal proceedings was evaluated. This article is devoted to realization of these powers at the Soviet period. The author points out, that the first acts, which established the powers of the Prosecutor after the Revolution were the Provision on Prosecutor Review of 1922, and the Criminal Procedural Code of 1922. The prosecutor became the key actor of the criminal investigation, and he was not allowed to transfer the obligation to institute a criminal case to the investigators, and at the same time he performed control functions. However, the CPC of 1922 did not provide for detailed regulation of the powers of the Prosecutor, so they were formed in practice and latter reflected in the CPC of the RSFSR of 1960. Keywords: jurisprudence, law, procedural, powers, prosecutor, institution of case, criminal, case, Soviet, period

Abstract: The article is devoted to the studies of formation of the super – Presidential system of government in Russia. The author analyzes social and historical prerequisites, political fight, which lead to the super-Presidential Constitution of 1993, as well as the constitutional and legal basis for the Russian super-Presidentialism. The author then comes to a conclusion on natural character of super-Presidentialism, its positive role in support of the Russian statehood and overcoming of the transformation crisis of late 80s – early 90s of the XX century. Keywords: political science, super-Presidentialism, Russia, reforms, Eltsin, Constitution, President, Parliament, Government, power, crisis

Abstract: In 1755 the Manchur army entered Djungaria, and its sphere of power included the Tyva tribes. In 1758 the territory of Tyva was won over by the Manchur dynasty of China, and since that time the Manchur dynasty ruled the territory till 1911. The article is devoted to realization of justice in this period of time. Keywords: justice, Tyva, Manchuria, Manchurian dynasty, rule

Abstract: This article is devoted to analysis of some theoretical and historical legal aspects of issues of federalism in Russia. The study includes pre-Revolution legal and political thought on federalism by both Russian and foreign scientists, as well as post-Revolution thoughts. The author analyzes genesis and development of federal relations at the Soviet time, and specific features of development of Russia within the Soviet Union. Keywords: federalism, federalization, unitarism, sovereignity, ethnic and territorial federalism, federal structure, subject of the federation, unitary model of federalism, federal power

Abstract: The article is devoted to analysis of evolution of the institute of the MPs immunity under the Russian legislation from the moment it was formed till the current stage. The meaning of MPs immunity is analyzed at various stages of the history of the Russian state. The author studies the juridical construction of immunity of the Russian MP. The study of these issues includes comparison of the status of the federal MP and the MP in the Parliament of the constituent subject of the Russian Federation. The author comes to a conclusion that the approach have always been differentiated, and the immunity of the federal MP is too broad, why the regional MP’s immunity is too limited. Keywords: evolution of MP’s immunity, as established for the Russian MPs by the laws of the Russian state

Abstract: The article is devoted to legal nature and general characteristics of the supreme advisory bodies to the Emperor. While they were formed in XVIII century as advisory bodies, they became permanent state institutions, such as the State Council and the Committee of Ministers. When the legislation was brought into the system and publication of the Code of Laws of the Russian Empire of 1832, with its lated reeditions of1842 and 1857, they were institutionalized, and their competence was defined within the system of relations with other central bodies of state government. Keywords: higher committees, the State Counsil, history of Russia, history of state and law of Russia, history of state government, the Committee of Ministers, organization of the state power

Abstract: The investment issues have always attracted a number of professionals, investors, and scholars. The book, which is reviewed in this article, is sure to cause interest, since its authors set an ambitious goal – to prove that investment law should be singled out as an independent branch of law.

Abstract: A number of crimes, objects of which were life and health of an individual, in the ancient Russian law were united into a single system by applying wergeld fines as punishment for such crimes. In XI – XIII centuries wergeld was the key element of this system. This article provides the analysis of the system of wergelds.

Abstract: As the author of this article points out, the formation of the administrative system at the rented territories allows one to study the options in development of Russian system of management of the outskirts of the Empire. However, one cannot classify the administrative system of the Kvantun region (as well as of the Chinese Oriental Railway) clearly as one of pre-existing forms. Most likely, it was one of the attempts to specialize existing forms for the local conditions…

Abstract: The modern official regional symbols became a new phenomenon in the Russian Federation, and they show the social and political identity of the regions. It happened so, that the Chelyabinsk oblast did not have any official regional symbols; they were formed “from nothing”. The rediscovery of the official symbols of the Chelyabinsk oblast proves that the heraldry becomes a new picturesque language of our time…

Abstract: As the author of this article points out, in order to form a unified concept of realization of the principle of humanism in the modern Russia one should take into account the historical experience of the Russian penitentiary in the past. This article is based on non-published materials from the State Archive of the Astrakhan Oblast.

Abstract: The efficiency of the judicial protection and the authority of the state power are correlated with the implementation of the judicial decisions. The understanding of this idea made the authors of the Judicial Reform of 1864 to include the abrupt changes into the system of enforcement of judicial acts, and to introduce the so-called “bailiffs”…

Abstract: At the border of the late Antiquity and the early Middle Ages there’s a period of transformation of the international law in order to duly regulate the relations between the medieval feudal subjects. The international contract practice was generally the first to react to it.

Abstract: The experience of formation and development of the procedural powers of the Prosecutor at the stage of initiating of the criminal case in Russia before the Revolution is multiple-valued and includes both positive and negative aspects. That is why the study of this experience is topical in the modern Russia, when the criminal procedural legislation, regulating the powers of the Prosecutor, changes rapidly and profoundly…

Abstract: The class approach to law in the Soviet state of late 1920 was an overpowering tendency. That is why the political discussions of 1920s are mostly devoted to the social and class structure of the society and the perspectives of its development. How was the separation of classes evaluated in the Soviet village?

Abstract: The criminal organization includes strict hierarchy and its own rules, which change both when the organization itself starts to change, and when the outer environment changes. That is why it is impossible to study the criminal sphere and not to take into account the hierarchy and customs of criminal organizations…

Abstract: Within the vast all-Russian administrative system the management of the rented territories, such as the Kvantun region and the Chinese East Railroad, which appeared due to building of the Siberian Railroad in the territory of China, did not play a significant role. That is why its studies are just starting, but one may already say that the search for the acceptable administrative forms of governing the territories, which formally did not belong to the Russian Empire has to do with the move of the Empire to the ports of the Pacific Ocean and the introduction of the Russian investments into the South-Eastern Asia.

Abstract: The changes in organization of the Russian criminal investigation in late XV - early XVI centuries were due to the changes in the Russian military and appearance of a new estate. The experience of fighting crime, which the criminal investigators of the Russian Empire have accumulated, found its application in the Soviet period, and one may not say that it is totally forgotten nowadays…

Abstract: The Cathedral Code of 1649 is one of the largest written sources on the Russian feudal law, as well as one of the longest – lasting Russian laws. While it was amended and changed, it was in force for almost 200 years. The Cathedral Code influenced the development of the Russian legal civilization enshrined the basic features of the Russian political system, predefined the further political development of Russia…

Abstract: The XVIII century in Russia was indeed a “French Century”. That is why the study of the cross-cultural exchange between the two states allows to evaluate the influence of France on the Russian state and legal system more fully.

Abstract: Throughout the XVIII century the Russian Empire became larger and larger due to inclusion of the Baltic, West – Byelorussian, Ukrainian and Caucasus lands. Thus, its regional government became more liberal as a favor to the local powers, at the same time there was a clear tendency to unified character of management of the outlying districts of the empire.

Abstract: Upon the study of the “free part” of the municipal emblems, the author came to the conclusion that while the regional law-makers are free in choosing what they want to see in the free part, the lack of a normative heraldic system leads to some confusion on this issue.

Abstract: On January 19, 1833, Emperor Nicholas I, in a specially assembled meeting of the State Council, announced the creation of a Code of Laws of the Russian Empire, putting an end to the work that had been going on for more than a hundred years to restore order in the legislative array of the country. This article pursues the following objectives: to show the place and role of the Code of Laws in the legal policy of the Russian state; to characterize the conceptual approaches of M.M. Speransky to the creation of the Code of Laws; briefly the content of the works on the creation of the Code of Laws; to analyze the Code of Laws of the Russian Empire as an act of systematization of the legislation of the Russian Empire; to identify the main directions of the influence of the Code of Laws on the development of the legal system of Russia.

Abstract: The course of accelerating the reforms carried out in Russia forces the legislator to strive for faster filling of emerging legal niches that are not covered by the current federal and regional legislation, as well as regulation of new social relations arising in the context of globalization. All this makes it relevant to use special knowledge to verify the correctness and validity of decisions taken, including in the field of legislation… This article is devoted to the historical aspect of the examination.

Abstract: Modern scientific attitude towards the functions of a state, their system and their classification is closely related to other key categories of the theory of state and law and of political science, such as the nature of a state, its social aims, etc. As the author notes, the functional characteristics form the basis for a strong and effective state, which makes their study so topical.

Abstract: As the author notes, currently there is no generally recognized definition of positive legal responsibility. However, if legal responsibility is diminished to its negative aspects only, its nature cannot be fully revealed, which, in turn does not allow to study the problems of legal responsibility and nature of law itself in their entirety. This article contains analysis of nature and specific features, as well as of value of positive legal responsibility in legal theory.

Abstract: This article is devoted to the problem of finding field-related criteria for classification of legal responsibility. Noting that such classification is complicated by the fact that within some fields of law there are two kinds of responsibility (for example, in labor law), while in some fields of law specific kinds of legal responsibility are just being formed, the author studies such kinds of legal responsibility as labor responsibility, criminal-executive responsibility, family-law responsibility.

Abstract: In this article Professor Baytin studies a number of negative phenomena, which impede formation of the Russian Federation as a jural state, taking the problem of capital punishment and capital punishment moratorium to mirror the said problems. The author also analyses the issues of legitimacy of the capital punishment moratorium, studies position of the Constitutional Court of the Russian Federation and views the possibility of creating an appeal body to review the decisions of the Constitutional Court, providing a right to give authentic interpretation of legislation to the State Duma of the Russian Federation.

Abstract: This article is devoted to the study of history of development of Russian criminal procedural legislation on immunity of prosecutors, investigators and advocates ever since the time of Peter the Great and to our days. Author also provides in-debth analysis of the USSR and the Russian Federation legislation on this issue.

Abstract: This article by Professor V.G. Bayev provides us with a detailed evaluation of the historical school of law, which had been traditionally criticized as a reactionary one. However, as the author notes, its study is of considerable interest within the contest of particular time and place, as the principle of historicism requires us, since there is no such thing as an universal theory and each theory strives to deal with the challenges of its own time. The article contains analysis of the views of the key representatives of this school, as well as of the historical conditions of its development and of its input into the development of legal theory.

Abstract: On July 16-19, 1938 in Moscow there was a famous All-Union Conference of Legal Scholars, where the key issues of the science of law became a subject to discussion, and the new theoretical bases for the further development of the Soviet legal science were formed. This article by A.G. Khochoyan is devoted to the analysis of the value of the Conference to the development of the Russian science…

Abstract: Perevet (treason) is a type of crime, which only appears at the Pskov Judgement Charter and was not priorly regulated by the Ancient Russian legal sources, while the term itself and the crime as such have been existing for a long time before. This article by Y.V. Ospennikov includes analysis of this crime in the Ancient Russian law, including its comparison to arson.

Abstract: Professional competence of an advocate is not merely a sum of various types of information, which he achieves in his studies and in his practice … it’s a unified system of knowledge, skills and principles, allowing an advocate to serve his main goal: to help the people, who come to him for legal advice and help. This article by S.G. Karakhanyan provides the basis for the value of advocate’s competence and its information component.

Abstract: Based on the analysis, the author of the article concludes that during the Great Patriotic War, the NKVD-NKGB played a decisive role in the fight against crimes against state interests. They were given the necessary powers, performed almost the entire volume of relevant operational investigative and investigative work. In order to improve the activities of the NKVD-NKGB bodies, organizational and structural changes were carried out, including the merger of the two departments, and then their separation. The practice of the activities of the internal affairs and state security agencies in the Krasnodar Territory has generally shown a fairly high level of its effectiveness, however, violations of the rule of law have also occurred.

Abstract: Ever since the first years of existence of the Soviet rule the new Soviet law prohibited private property and abruptly changed the economical life, abolished economical freedoms. Basically, the Soviet state violated the laws of economical development of the society, and it did have its influence …

Abstract: By the early XX century the Russian Empire was a multinational unitary state, which provided different statuses for different territories. That is why the problems of territorial structure were quite topical for that time. This article by V.V. Kulchevsky is devoted to the decentralization concepts of that time.

Abstract: Based on the his analysis the author of this article comes to a conclusion that during the WW2 the NKVD - KGB bodies played a leading role in fighing crimes against state interests. They were provided with necessary power and almost solely performed necessary investigation. In order ot improve their activities, there were structural changes, including merger of two bodies and then their separation. Practice of the internal affairs state security bodies in Krasnodar region showed rather high efficiency, however, there were some violations of law in its practice.

Abstract: The formation of the judicial system structurally and functionally separate from administrative and other bodies in the mechanism of public administration in Russia began in the first quarter of the XVIII century. It was during this period of creation of the "regular" model, according to Peter I's plan, that a new organization of the court appeared, which can be considered a prototype of the modern one with legislatively established composition, competence (jurisdiction), specialization, instantiation, fundamental principles of activity, etc. The short duration of the functioning of Peter the Great's judicial system does not detract from its importance, since the main thing of its The model will be reproduced in subsequent domestic judicial reforms and will determine the trends and patterns of its development during the imperial period.

Abstract: Formation of the judicial system, which was structurally and functionally separated from the administrative and other bodies within the system of state government in Russia had started in early XVIII century. At this time the “regular” (as Tsar Peter the Great had called it) state was being formed, and the new concept of courts with their structure, competence, instances, principles, etc. was formed as well. This concept lays at the basis of the modern judicial system in Russia. The short term of existence of the judicial system of Tsar Peter’s model does not miniscule its value, and it shall define the tendencies and rules of development of this sphere at the period of the Russian Empire.

Abstract: Mortgage as means of ensuring obligations is one of the classic civil law institutions, its history takes its start in the Roman law. The Russian civil law, being continental by its nature, traditionally allowed only mortgage of immovable property …

Abstract: Analysis of the constitutional monarchy in Prussia is of much interest to legal scholars, since Germany both before and after the unification, was in fact ruled by Bismarck, so the research should definitely include Bismarck’s position on German model of constitutionalism.

Abstract: It is a generally accepted point of view that the judiciary in the pre-Reform Russia had numerous shortcomings, and its efficiency was lower, than in the European states. As the author of this article points out, part of the blame should be put on the judiciary cadre policy.

Abstract: As the author points out, it is rather important that the advocate is adequately informed on the particular case. There are many cases, that were lost due to lack of necessary information or preparation with due attention to the other party’s legal position, etc.

Abstract: The Revolutionary Order in Soviet Russia in 1920s had to come in the place of administrative arbitrariness, even if it were revolutionary. All problems should have been resolved based on the law and judicial decisions. However in the real life these ideal were much corrupted, which is proven by the practice of executing justice in 1920s.

Abstract: This article is an experience of formation of the instance structure of the general civil courts in Russia in the first half of XIX century. The attention to the civil courts is due to the lack of their analysis in the historical legal science. At the same time, as the author of this article points out, the state and status of the civil courts was a great factor in the social and economical development of the society.

Abstract: The women have always formed a large portion of the workforce in Russia. However, the legal basis for work of women have not always been there, and its development walked hand in hand with formation of legislation on industry and factories. This article includes analysis of legislation and practice.

Abstract: In the first decade of its existence the Soviet government took serious efforts to develop the movement of freelance factory and rural reporters. Some are now surprised that at that time most publications in the newspapers were by these freelancers. However, one should take into account that for many years the Soviet press was done by the amateurs. The key criterion for such journalists was their agreement with the state policy, as expressed in their articles.

Abstract: As the author of this article points out, the period of the 1st Russian Revolutio was rather productive, when it came to development of the Socialist Revolutionary party. During the above-mentioned time this party became rather large, and it could truly compete with the Social Democrates and threaten the existing political structure. In the evaluation by the Tsar’s Government, the SR Party was the most dangerous and aggressive revolutionary organization.

Abstract: Thoughout the development of peaceful settlement procedures it was closely related to the arbitration tribunals, and at the early stage this was a unified process. This article by E.D. Pakhomchik includes the analysis of history and specific features of the modern peaceful settlement process.

Abstract: The article is devoted to historical analysis of evolution of the Muslim legal doctrine. The article establishes the connection between religion and law in Muslim legal studies. At the same time, the author emphasizes the peculiarity of Muslim legal doctrine: religious character, conservatism, high efficiency, etc. Keywords: jurisprudence, source of law, legal doctrine, Islam, Sunnah, ijma, kiyas, stratagems, mazkhabs, adat

Abstract: The article is devoted to specific features of identification of self-made firearms by signs on bullets and bullet cases. Specific features of self-made guns (pistols and revolvers) allows to establish a particular unit of firearms.

Keywords: jurisprudence, arms, bullets, bullet cases, self-made, identification, signs, traces, revolvers, pistols, firearms, gun chamber

Abstract: The question of the Rome and Byzantine law influence the ancient Rus legislation is still insufficiently known and has many debatable points. The fundamental investigations in this sphere belong to Russian scientists in law of the XIX century. As a matter of fact the question of the antique heritage in Russia is mainly studied by the historians. But this question is of great importance for jurisprudence. It defines the degree of the Byzantine law practical importance for the home legislation, the limits of the Byzantine law suitability for Russian conditions, their interactivity with the Russian legislation.

Keywords: family law, law sources, Byzantine law, ancient Rus legislation, Rome law

Abstract: The article includes study of two types of issues: correlation between the reform of state structure of Russia in 1904-1906 and development of control function of the first all-national representative institution of Russia, as well as legal limits and political abilities of implementation of the control function by the State Duma and the State Council.

Keywords: jurisprudence, law, control, request, question, interpellation, parliament, monarchy, government, control

Abstract: In the period from 1766 to early XX century the practice of criminal responsibility for the violation of legislation on elections in Russia went a long way of development from simple forms to efficient and well-grounded forms. In China the institution of protection of election rights was formed much later, basically at the same time with the system of elections. The cultural differences are the key reason for the existing differences.

Keywords: jurisprudence, elections, crimes against elections, cultural traditions, Confucius, historical development, election rights, differences, China, Russia

Abstract: This article is devoted to the problem of re-organization of the police in late XVIII — early XIX centuries, having to do with the growth of the peasant movements in Russia. One of the key steps of the reform was the Police Ustav, which was signed by Catherine the II-nd. The higher power bodies made the decision of forming the chief of police positions in provinces, city provosts in the cities. Accordingly the staff of city police institutions were formed. This reform allowed to support legal order, and to better fight crime in the state.

Keywords: jurisprudence, law, state, peasantry, war, police, Catherine the 2nd, reform, history, Urals

Abstract: Showing the multy-faceted character of political control in authoritarian and totalitarian system, specifics of its implementation among the young people, the author pays attention to regulation of the members of the Komsomol, as one of the forms of political control. At the same time, the realities of the regulation of the Komsomol are shown from the point of view of their influence on the transformation of social thinking at the time of transfer towards the forced construction of socialism in the USSR.

Keywords: jurisprudence, political science, political control, youth, Komsomol, legal thinking, state, regulation, cleanings, collectivization

Abstract: Historically, the railroads have been very important in Russia both in passenger and goods transportation. One of the key goals of the state is to ensure safety and security of transportation, to fight stealing. Considering that stealing is the most popular railroad crime, the author analyzes various types of stealing — stealing at the stations, stealing of railroad property, which were committed in early XX century, analyzes the history in its relation to the modernity, tries to formulate useful ideas for the law-enforcement bodies.

Keywords: jurisprudence, gendarmes, stealing, investigation, investigators, crime, political police, stealing, search, railroad police

Abstract: The article is devoted to the key factors, which influenced the violations of law and discipline among the militia in 1917-1934. This problem is topical both for the formation of the Soviet militia and nowadays. Key factors are social and economic, social and psychological, organization and staff-related, and so are the imperfections of the legislation and the shortcomings of political and economical organization of society as a whole.

Keywords: jurisprudence, deformation, discipline, cadres, violation, lack of efficiency, militia, education, quality, difficulties

Abstract: This article is devoted to the transformation of the methodology of the monetary regulation from the moment of its formation and till the time, when the first central banks appeared. The author points out the relations between the evolution of forms ofmoney, formation of monetary turnover, development of the banking system, formation of the methodology of the monetary regulation. The author also points out some peculiarities of functioning of the first central banks.

Keywords: political science, monetary system, monetary emission, banking system, central banks, monetary regulation, financial regulation, historical prerequisites, political prerequisites, monetary policy

Abstract: This article is devoted to the key reasons for the Great French Revolution, which were the great deficit of the state budget and tax inequality of the social classes of the French society.

Keywords: political science, tax, Revolution, budget, assignate, requisition, unequality, finances, immunity, debt

Abstract: The article is devoted to the issues related to the legal regime of pledged property under the Ancient Russian law. The author studies the role of credit institutions and banks, as well as mortgage, analyzes the problems of practical application of this institution, as well as the legal tendencies of its evolution.

Keywords: jurisprudence, mortgage, credit, pledge, debt, credit societies, land banks, State Nobility Land Bank, Peasant Land Bank, immovable property

Abstract: The article is devoted to the history of formation of the system of taxation in Germany in the Middle Ages. Much attention is paid to the causes of numerous social and political conflicts in Germany of that time. In the author’ point of view the main causes were the greatness of the tax burden and lack of centralized state with united tax laws.

Keywords: political science, Germany, Middle Ages, tax, turmoil, revolt, taxation, obligations, regalities, domain

Abstract: The principles of organization, used in rural and town municipal government in the past are still valuable nowadays. The article is devoted to the historical and legal analysis of such principles.

Keywords: jurisprudence, municipal government, right, representation, system, power, state, reform, subjects

Abstract: The article includes analysis of infanticide and abortion, attitude of peasants to these crimes, their spread in the Russian village, specific features of judicial decisions on such cases, motivation of such crimes.

Keywords: jurisprudence, law, criminal law, infanticide, criminal abortion, peasant woman, sin, motives of crime, children born out of wedlock, punishment

Abstract: The article includes analysis of the experience of fighting corruption in the Soviet Russia in 1920s based on NEP, the author pays attention to legislative and executive actions of the government against it. Much attention is paid to bribery as the most characteristic form of corruption, its various aspects, and specific actions of government.

Keywords: jurisprudence, corruption, bribery, NEP, law, courts, implementation of law, punishment, listing

Abstract: The article includes analysis of various legal conditions of citizens in Russian pre-Revolution law. The author then draws a conclusion that these legal conditions can be divided into two types, depending on social and natural qualities of a person. Depending on the first group of qualities, a subject gained various amount of rights, obligations and legal capacities, while the latter group was legally valuable for a person as a legal subject

Keywords: jurisprudence, condition, status, individual, subject, legal capacity, capability, limitation, individual, citizen

Abstract: It is well known that the problem of grounds for responsibility was well developed in Roman law. Written sources show that much attention was paid to this legal institutions, since the causes of responsibility of debtor were key to the economic mechanism as a whole. This article includes historical analysis of the positions of Roman lawyers on issues of responsibility for violations of property obligations

Keywords: jurisprudence, Roman law, debtor, obligation, grounds for responsibility, fault, good faith, guilt-based responsibility, lawful behavior, absolute responsibility

Abstract: Country councils (zemstva) were one of hte key forms of local self-government in late XIX — early XX centuries. In the second half of XIX century within the framework of European-style reforms in Russia such a reform was implemented, but unfortunately it was not efficiently used in Azerbaijan lands. In the beginning of the previous century there were country council hearings in Azerbaijan, and they set the grounds for the formation of an efficient system of municipal self-government. The author of this article analyses theoretical and legal aspects of implementation of this form of self-government in Azerbaijan, taking into accoutn the prepartaory works on an appropriate legal draft, establishing the key bases for country councils in this land

Keywords: jurisprudence, country councils, petition, conception, explanatory note, country council elected bodies, organs, municipal government, legislation, law, people’s rule, government

Abstract: The article is devoted to the studies of trade and industrial policy of the Russian Empire of XIX – early XX centuries, which influenced the forming legislation on industrial legislation. The author studies key directions of trade and industrial policy, dividing them into key and supporting ones. The author also mentions the legislative drafts, which are initiated by the state in this sphere, which helped the formation of the Russian economics of the period.

Keywords: jurisprudence, law, politics, legislation, state, industry, legislation, legislative drafts, trade and industrial policy, the Russian Empire

Abstract: The article includes analysis of the norms of Exemplary statutes of the agricultural work associations in 1930, 1935, and of the Exemplary statute of 1969. He establishes that the norms of these Statutes were meant to regulate the credit relations in their epoch, provides for the generalized evaluation of retrospective potential of these norms.

Keywords: jurisprudence, Exemplary statute of 1930, Exemplary statute of 1935, Exemplary statute of 1969, credit, Agricultural Bank of the USSR, State Bank of the USSR, credit limitation, production and financial plan, credit relations

Abstract: The article is devoted to the complicated interrelation of the expectations to the legislator of all the classes of the Russian society in one of the hardest periods for the Russian statehood, and their implementation as a declaratory act: the Cross Kissing Record of Vassily Shuisky when entering the throne. The author shows and motivates the differences between the estate representative monarchy and the political regime of oprichnik policy (1565-1572) at the time of reign of Ivan the 4th, as well as the infl uence of it on the Record by Vassily Shuisky.

Keywords: jurisprudence, lawlessness, criminal policy, oprichnik policy, under-cross record, political regime, estate representative monarchy, Ivan the 4th, Vassily Shuisky, history.

Abstract: The article examines the current problems of legislation in the field of citizenship as a problem of international law of the 1920s. The analysis is carried out according to the main provisions of normative acts, including the "Regulations on Union Citizenship" of 1924, in comparison with the legislation of other states. Conclusions are drawn about the successful overcoming by Russian legislation of the conflicts of dual citizenship and citizenship in marriage law.

Keywords: Yurisprudentsiya, pravo, grazhdanstvo, opredelenie, bipatridy, kollizii, brak, prioritety, Rossiya.

Abstract: This article is devoted to the constitutional principles of interaction of legislative (representative) and executive bodies of state government in the history of Russian statehood. The author also studies various organizational and legal forms of interaction of these government bodies. Based on normative materials and practice, the author shows value and role of legislative (representative) and executive bodies of state power in solving the key issues of state life.

Keywords: jurisprudence, power, Soviets, the USSR, unity, Constitution, principles, forms, interaction, mechanism.

Abstract: This article of A.Y. Puryaeva is devoted to the key provisions of the Forest Decrees, which established the status of the Forest Protection Committees in Russia in late XIX – early XX centuries, as well as the procedure for implementing responsibility for the violations of the Provisions on Protection of Forests. The author analyzes the judicial case on non-allowed cutting of protective forest in the Kazan province, gives the statistical data on the work of the Kazan Forest Protection Committee in late XIX century.

Keywords: jurisprudence, forest, pre-Revolution, forest, legislation, Russia, forest protection, Committee, protective, forest.

Abstract: The article is devoted to the problems of history of ancient Russian court, which have no unified scientific solution – such as time when the state courts were formed by the Eastern Slaves, correlation between the Community’s Courts, and the Prince’s Courts, Veche Court and Prince’s Court.

Keywords: Yurisprudentsiya, sud, obshchina, obychai, veche, ordalii, pravosudie

Abstract: The article is devoted to the formation of the local law and its place in the state and legal system of Russia. The author analyzes the factors, which pre-defined the regional systems of local legislations, as well as the criteria for them regarding the citizens of various national regions.

Keywords: Yurisprudentsiya, Rossiiskaya imperiya, Istochniki prava, Mestnoe pravo, Yuridicheskaya politika, Etnopolitika, Svod zakonov Rossiiskoi imperii, Svody mestnykh uzakonenii

Abstract: The article is devoted to the specific features of customary legal position of the married woman in Russia in XIX century. The author characterizes the customs in various regions of the pre-Revolution Russia, as well as the practice of the volost courts based on the complaints of the peasants’ wives. One of the sources is the Russian State Archive of Ancient Acts, as well as the State Archive of Saratov Oblast.

Keywords: Yurisprudentsiya, pravo, zakon, obychai, brak, zhena, sud, razluchenie, razvod

DOI: 10.7256/2454-0706.2013.7.7528

Abstract: The institution of incomplete attempt of crime in the criminal law of the ancient Russian state is hardly well studied and quite topical. The surviving legal texts of that time do not include references or definitions of the stages of crime, which was natural for the legal techniques of that time. Various fragments of stages of completion of crime are provided for on case by case basis in accordance with the legal practice, and sometimes they lack clear formulae. The opinions of the scholars on the presence/absence of the legislatively provided stages of crime (mostly on attempt) in the ancient Russian criminal law are divided and both sides have their own arguments. The scholars’ supporting the position of presence of provisions on attempt of crime in the ancient Russian law insist that it should be interpreted literally and refer to the terminology. Those in opposition of this view point out that the institution of incomplete attempt of crime could not have existed in the ancient Russian law, due to the lack of development of the subjective elements of crime. Probably the truth lies in between these two points. The ancient Russian law did not fully reflect the institution of incomplete attempt of crime, which in fact existed in legal practice. This position of the author is based upon the comparative analysis of some similar norms of legislation of other Slavic states and the Western European states of the same historical period.

Keywords: jurisprudence, preparation, incomplete attempt of crime, malicious intent, offence, intention, temptation, law, court, ancient Russian

DOI: 10.7256/2454-0706.2018.3.25862

Abstract: The subject of this research is the history of establishment and current state of the institution of preemptive rights in the Russian civil law. Attention is focused the trends of formation of the institution of preemptive rights from the first sources of the Russian law until the present time. Based on the conducted analysis, the author concludes that in the Russian civil law the institution of preemptive rights was evolving within the trends of European development. The institution of preemptive rights has emerged primarily in relations associated with common property and family relations. Subsequently, the preemptive rights became available in the stream of commerce to the participants supported by the government. Currently, due to the advancement of corporate legal relations, the institutions of preemptive rights is applied for regulating relations in the corporate structure. The scientific novelty consists in the systemic historical-legal analysis of establishment of the institution of preemptive rights in the Russian civil law, as well as determination of its development trends. The author makes a conclusion on the commonness between the Russian and European paths of development of the institution of preemptive rights in various branches of the civil legal relations; it allows using the approaches of the foreign legislation for improving the Russian institution of preemptive rights with consideration of peculiarities of the Russian legal system.

Keywords: Corporate legal relations, corporate relations, Hereditary relations, civil law, distinctive features of preemptive rights, trends in the development of law, Preemptive right, priority right of inheritance, Right of pre-emption, exclusive preemptive rights

DOI: 10.7256/2454-0706.2023.6.40781

Abstract: The author believes that the abolition of serfdom had a "colossal" significance for the formation of new forms of legal consciousness and legal culture of the peasant population. These categories influenced the historical formation of the rule of law and the transition to a new form of government. The paper states that insufficient attention has been paid to the issues of legal consciousness and legal culture of peasants in the scientific community, which led to a narrow circle of approaches to the study of peasant life and psychology. The subject of the study is the patterns of formation and functioning of the legal consciousness and legal culture of the peasant after the abolition of serfdom. The author used the works of scientists in the field of law, philosophy and history to form more informed conclusions on the research topic. The purpose of the work is to analyze the formation and development of legal consciousness and legal culture of the population of the Russian Empire in the nineteenth century after the abolition of serfdom.

Keywords: peasant reform, reform, peasants, understanding, law, legal literacy, legal nihilism, legal awareness, legal culture, serfdom

DOI: 10.7256/2454-0706.2023.12.69278

Abstract: The subject of the study is the process of changing the legal status of Mongolian lands, which before the beginning of the twentieth century were united into the polities of Outer Mongolia, Inner Mongolia, Barga (Hulun-Buir), which had the status of autonomous states within the Qing Empire. Having guarantees of immunity from the penetration of the Chinese population into their borders, these lands preserved the ancient tribal way of life, the division of the principality (khoshuns) led by the Dzasaks – the descendants of Genghis Khan or his brother Khasar. However, Chinese colonization, which began in the 1880s, the political weakness of the emperors and the objective need to expand the living space of the Han population of the huge empire, forced the central authorities in Beijing to violate ancient agreements, begin to alienate the lands of the khoshuns and create on them the Chinese system of administrative-territorial devices. The research methodology was based on an interdisciplinary approach based on tools from a number of humanities: ideographic, or descriptive-narrative method, the principle of historicism, retrospective method, periodization method, comparative legal method, reconstruction method, structural method and narrative approach, and also, taking into account the legal component of the phenomenon under study – the dogmatic method and the method of legal hermeneutics. The scientific novelty of the work lies in the fact that for the first time in modern domestic science, the process of transition from the clan organization of the Mongolian and Manchu lands to its modern state has been reconstructed, while considering it in the context of the continuity of key territorial structures, a significant part of which is currently functioning in the Chinese People's Republic Republic (provinces and districts).

Keywords: Inner Mongolia, China, khoshun, county, provinces, administrative-territorial division, legal status, Manchuria, colonization, retrospective maps

DOI: 10.7256/2454-0706.2013.7.7328

Abstract: This article was written due to great interest to the institution of simplified judicial arbitration procedure and the amendments in the Chapter 29 of the Arbitration Procedural Code of the Russian Federation. Such attention should facilitate the future application of the novel legal norms, as well as touch upon the past of the institition of simplified procedure, which for the first time appeared in the Russian legislation in 1891. Analysis shows similarities in the norms in the past and present. Some elements can also be found within the system of Soviet State Arbitration.

Keywords: jurisprudence, justice, history, simplified procedure, speed up, category, order, decision, state arbitration, reform

DOI: 10.7256/2454-0706.2013.5.6217

DOI: 10.7256/2454-0706.2017.10.21703

Abstract: The subject of this research is the conceptual grounds of formation of the legislative coverage system aimed at organization and functioning of the administrative autonomy of regions and districts at the initial stage of the establishment of modern Russian statehood during the 1990-1992. Special attention is given to the development of the legal model of interaction between the legislative and executive branches in districts and regions; integration of the principles of sovereignty of the congresses and division of powers in the concepts and projects of organization of the regional government agencies; as well as characteristic of the key stages of legislative regulation of the regional systems of administration. The conducted analysis allows concluding that in the early 1990’s, the formulation of legal theoretical grounds of organization of the administrative autonomy in districts and regions was associated with the creation of the model of cooperation between the representative and executive authorities based on the core principle of Soviet statehood – the sovereignty of the Congresses. The need for modernizing the acting Soviet administrative legal system in districts and regions led to the gradual integration of the new institutions – local self-governance, executive authority, and chief executive realized within the system of separation of powers. As a result, using the transitional and emergency legislation, were created the systems of executive and representative branches of authority, which functioned based on the various conceptual grounds.

Keywords: Constituents of Federation, Regional administration, Local self-governance, Soviet legislation, Legislative acts, Executive authority, Legislative authority, Congress of People’s Deputies , Public administration, System of government

DOI: 10.7256/2454-0706.2022.5.27178

Abstract: In the context of the constant complication of civil turnover and the changing legislative regulation in this regard, the problem of guarantees of the inviolability of property is of serious importance. This situation is further complicated by the fact that a certain imbalance in the formed structure of the civil turnover of property rights is being introduced by large-scale socio-political projects, which include, in particular, the Program of Renovation of the housing stock in Moscow, initiated in 2017. This article reveals the prerequisites for the start of the housing renovation program in Moscow, analyzes the provisions of the first edition of Bill No. 120505-7, which introduces large-scale changes to the current regulation of civil, land, housing and urban development relations in connection with the renovation program. The scientific novelty of the article is determined by the specifics of the problem under study, which has not yet received proper understanding in the Russian legal science. The author attempts to systematically present a critical analysis of the first version of the renovation bill, highlight the main amendments and evaluate them from the point of view of eliminating gaps and contradictions. The key aspects of criticism of this draft law are noted, as well as the amendments made to the current version of the Law are evaluated for their sufficiency to eliminate gaps and contradictions identified in the first version of the bill. Conclusions are also drawn regarding potential areas for improving legislation on the renovation of housing stock in Moscow.

Keywords: the State Duma, critical analysis, civil law, public interest, seizure of property, demolition of emergency housing, apartment building, renovation, renovation bill, housing stock

DOI: 10.7256/2454-0706.2019.7.29499

Abstract: The subject of this research is the non-random variability of dermatoglyphic characteristic of sampling analyzed in forecasting criminalistics. The last decades’ research result testify to the specificity of fingerprint patterns of the persons prone to deviant and addictive behavior as compared to the control groups. However, the characteristics of control sampling are not completely random. Part of the people always elude from volunteer participation in the study and fingerprinting due to the reasons of psychological nature, first and foremost related to their individual dermatoglyphic profile. The research established 50 different dermatoglyphic patterns in 18 various ethnic groups. It is demonstrated that the participants who have been examined last differ greatly from the first volunteers by higher frequency of occurrence of the simple typical whorls; perhaps, they are also less psychologically motivated and emotionally disturbed. Samplings formed on the principles of volunteer participation of the respondents are comparable to each other only in case of exerting equal psychological pressure upon the potential participants. Such may be applied as control samplings in analyzing the samplings consisting of persons subjected to mandatory fingerprinting (alleged offenders, convicts).

Keywords: France, genesis, employee rights, labour legislation, social partnership, collective bargaining agreement, collective bargaining, comparative law, labor union, employer obligations

DOI: 10.7256/2454-0706.2021.9.36015

Abstract: The subject of this research is the legal and economic aspects of regulating the economy and transport in municipalities of “white” Russia during the civil war. The article reveals the key provisions of the legislative and administrative practice of white governments in these economic sectors. The relevance and novelty of this article is substantiated by the remaining gap within the historical-legal science on the topic at hand. Analysis is conducted on the failure of attempts of state regulation of the indicated economic sectors in the conditions of economic ruin using the economic methods and transition towards rigid administration, which did not bring expected results in establishing the work of industry and transport. The following conclusions are formulated: 1. The legal policy and administrative activity of the white governments consisted in restoration of rights of the former business owners and reviving the declined industry and transport on a market basis. 2. Since the majority of private enterprises did not have the necessary circulating assets, the government was forced to transfer them to the state administration and finance them. 3. The transition from market-based methods of industrial and transport management towards imperative administration led to the formation of unproductive quasi-market relations and state management quasi-ownership. 3. The work of cooperatives, which did not require state subsidies and largely provided the army with the essentials, did not receive due state support, since most of the government orders were delivered by the military-industrial complex, although cooperative products were cheaper. 4. Subordination of transport operations to military needs led to the disruption of commercial transportation, which caused standstill or shutdown of many businesses. An important factor of economic collapse consisted in bureaucratic hurdles and corruption within the government apparatus of “white” Russia.

Keywords: anti-Soviet governments, state entities, transport, industry, administration, legislation, state regulation, treasury, loans, cooperative enterprises

DOI: 10.7256/2454-0706.2018.10.22863

Abstract: This article explores the questions of creation and development of legal base of formation of local public authorities in the rural areas in the years of the Russian Civil War. Based on the analysis of a wide range of sources, the peculiarities of instructions and provisions for holding village council elections, congresses of volost councils, the composition and role of election commissions in these campaigns are disclosed. Stability in application of the legislation in the course of holding re-elections and congresses of local councils comes with the end of the Russian Civil War. Based on the analysis of the legal framework, the author comes to the conclusion that the Bolsheviks attached great importance to the creation of local bodies of state power, not only as the political basis of Soviet statehood, but also as the base for mobilizing material and human resources during the Russian Civil War.

Keywords: provisions, instruction, Decrees, constitution, All-Russian Congress of Soviets, Bolsheviks, Soviet authority, Local councils, elections, congresses

DOI: 10.7256/2454-0706.2022.5.32024

Abstract: This article is devoted to the analysis of the content of state organizations' social networks with the example of the CEC of Russia and an attempt to conduct a scientific study of the current tools offered by social networks for building a communicative connection ("power-citizen") and the formation of the image of a state organization. The subject of the study was the CEC of Russia’s communication strategy and presence on selected social networks. An analysis of the actors influencing its creation and implementation was carried out, as well as a study of the audience (target and real) for which information is produced and the formats of interaction with it. When writing the work, the author used the method of content analysis and Integrum monitoring systems to collect statistical information about the reactions of Russian Internet users to the activities of the CEC of Russia. Due to the development of social media algorithms and the increase in their users, there is a request for research describing current processes and changes in society. The specificity of modern society is that there is a formal erasure of borders and simplification of interaction between the state and the citizen, while it is implied that this process is mutually beneficial. The authorities are gaining new tools to influence citizens and new opportunities to form a positive image. Citizens have received a channel to express opinions and direct dialogue with the authorities, especially with regard to expressing dissatisfaction with the government's response to society’s social and political demands.

Keywords: mass communications, mass consciousness, CEC of Russia, self-presentation, political image, look, political perception, social network, content analysis, public participation

DOI: 10.7256/2454-0706.2018.9.26823

Abstract: This article examines the questions of theoretical substantiation of criminal responsibility in the historical and philosophical-legal aspects. It is commonly known that the established standards of the delivery of justice reflect the peculiarities of historical evolution of the traditional institutions of classical criminal law that regulated the grounds for criminal charges. The author notes that the current concept of criminal responsibility is built on the medieval representation on condemnation of criminal volition that manifest in the specific worldview orientations. Similar views are traced in the works of the representatives of German classical philosophy, as well as the more recent philosophical-legal doctrines. The conducted historical analysis demonstrates that in the countries belonging to the continental legal system, prosecution was traditionally administered within the framework of the worldview concept on the adverse impact of criminal volition. The grounds for criminal responsibility is the negative attitude of an offender towards the basic social values, which manifested in the specific unlawful acts. The work systematizes the theoretical representations on the legal nature of criminal responsibility, describes the philosophical views upon the subjective nature of crime. Particular attention is given to the analysis of theoretical views of the representatives of classical school of criminal law, who determined the conceptual content and functional purpose of the majority of modern criminal legal institutions.

Keywords: punishment, delinquency, doctrine, crime, responsibility, morality, legal system, public order, justice, jurisprudence

DOI: 10.7256/2454-0706.2021.3.35235

Abstract: The object of this article is legal regulation of the economic policy of Japan in the occupied territories of Northeast China. The subject of this research is the legal mechanism for regulating price formation in Inner Mongolia during the existence of Mengjiang State. Based on the fact that the Japanese side sought to ensure that the new political unit, i.e. the State of Mengjiang would formally comply with the attributes of an independent state, the author infers the substantive part from the economic function of the state. The goal of the article consists in carrying out a historical-legal analysis of the legal regulation of price formation in Mengjiang. The author sets the task to give characteristics to the normative legal acts of Mengjiang that pertain to price formation; reveal their meaning, content, as well as the legal and social consequences of their application. The author concludes on the effectiveness of legal instruments of economic policy implemented for controlling price formation, with reservation that the military and economic efficiency should not be confused with social and humanitarian efficiency, as it was practiced by the Mengjiang government. The author’s special contribution consists in reconstruction of the legal instruments for economic management of a large region in East Asia, as well as in updating the existing information with new facts. The scientific novelty lies in introduction into the scientific discourse of new data that was previously unknown to a broad array of researchers.

Keywords: Northeast China, Mengjiang, Inner Mongolia, Mongolian Statehood, The economic function of the State, Legal regulation, East Asia, Japanese occupation, Economic policy, Pricing laws

DOI: 10.7256/2454-0706.2017.5.22661

Abstract: The subject of this research is the relations between parents and children in the early XIX – XX centuries. The material allows grasping the significant differences in legal position of the children 100-185 years ago. The object of this research is the legal norms consolidated by the legislation of the Russian Empire – Digest of Civil Laws that regulation the relationship between children and other actors of family law in the stated period. The author meticulously analyzes the relevant to that time legislation (Complete Collection of Laws of the Russian Empire and Digest of Laws of the Russian Empire). Special attention is turned to the norms that provide social support for children from the government. The author conducts a qualitative analysis of the legal grounds of social support for children in the area of family relations of the early XIX – XX centuries, adequately implementing the ways and rules of the method of interpretation of legal acts alongside the formal logical approaches, which allows testifying to the use of the traditional for dogmatic jurisprudence formal legal method. In addition, the author refers to the diachronic comparison and formulates the conclusions on the transformation of legislative regulation of one or another question with the course of historical time. The scientific novelty lies in the detailed description of the legal norms that regulate various aspect of relations in the area of family and marriage in accordance with the legislation of the Russian Federation in the early XIX – XX centuries.

Keywords: Custody of the minors, Child marriage , Matrimonial relations, Digest of civil laws, Parental responsibilities, Children’s responsibilities, Children’s rights, Family and children, Parental authority, Social support for children

DOI: 10.7256/2454-0706.2021.10.36767

Abstract: The subject of this research is the process of establishment and development of the right of nations to self-determination as the fundamental principle of Soviet federalism. The author carefully examines the origin and evolution of the idea of the right of nations to self-determination within the environment of the revolutionary social democracy; the concept, characteristics and principles of the right of nations to self-determination; the normative unification of the right of nations to self-determination with the federal principle of government system in the Soviet constitutions; variations of exercising this right within the framework of socialist federal state. Special attention is given to the evolution of the right of nations to self-determination and the transformation of its goals at different stages of the development of Soviet State. The novelty of this research consists in formulation of the original definition of the right of nations to self-determination in the context of phenomenology of the Soviet federalism. The key characteristics of this right are outlined: 1) suggests multivariance of implementation; 2) drags on time depending on the socioeconomic and political-legal development of the nation; 3) implies adequacy of implementation to the level of collective national sociocultural and political self-identity, etc. The principles of the right in question are determined : 1) priority of actual self-determination in relation to legal formalization if the latter is mandatory; 2) definiteness of the right of nations to self-determination via national declaration of will with regards to legitimation by the positivistic attitudes of the state; 3) evolution in chronological perspective from the national legal nature towards international legal level, etc. The author derives the criteria and classifies the right of nations to self-determination based on them. Description is given to the peculiarities of regulation and implementation of the right of nations to self-determination in accordance with the development stages of the Soviet Federation The author's special contribution lies in the establishment of dialectical link between the formational and civilizational approaches towards comprehension of the essence of the right of nations to self-determination through the prism of the European and Russian social democracy.

Keywords: union republic, USSR, РСФСР, soviet federalism, unitary state, federation, national self-determination, autonomous region, soviet constitutions, right of secession

DOI: 10.7256/2454-0706.2020.2.32112

Abstract: This article presents a brief excurse into the history of the conception of one of the leading movements of criminological science – anthropological criminology. Analytical review of the opinion of leading psychiatrists and forensic pathologists of the early XIX century is given regarding the facts of commission of motiveless violent crimes by individuals without evident mental disorder, which were increasingly recorded by law enforcement of that time. This phenomenon was sequentially named “delirium-free mania”, “monomania”, “moral insanity”, and other terms. The methodology is based on the retrospective analysis of the discourse field formed in the early XIX century around the phenomenon of “monomania” (moral insanity) in Russian and foreign literature on law and forensic psychiatry. The materials presented in this article allow reallocating emphases in the scientific discourse on the origins of criminal anthropology branch within criminology. The main conclusion of the conducted research consists in the fact that beginning of the study of monomania (moral insanity) should be viewed as the starting point in formation of anthropological criminology – one of the two leading branches of criminological science (alongside sociology of crime). This conclusion is made on the basis of analysis of the rarest foreign and Russian literature, most of which has not been republished for approximately 200 years.

Keywords: resonating monomania, monomania, Esqurol, delirium-free mania, Pinel, Lombroso, criminal anthropology, instinctive monomania, Prichard, moral insanity

DOI: 10.7256/2454-0706.2021.1.34832

Abstract: The subject of this article is the political-legal ideas of the Byzantine philosopher, public figure and theologian Theodore the Studite. His life and activity were closely related with the policy of Byzantine Iconoclasm conducted in the VIII – IX centuries. The emperors of the Romans, in their struggle against the political and economic power of the Orthodox Church, used discrepancies in interpretation of one of the doctrinal questions of Christianity, which historically manifested as a “stumbling block” among the adherents of this religion. Western province of the Byzantine Empire were against the policy of “iconoclasm” and its monasticism, the prominent representative of this intellectual tradition of which (in the medieval understanding of the latter) was Theodore the Studite. The political-legal ideas of Theodore the Studite, unlike his theological views, are poorly studied in the Russian science. However, they have certain scientific value due to the uniqueness of views of the philosopher comparing to the works of contemporaries and the Byzantine political;-legal literature overall. In his polemical works of theological orientation, Theodore the Studite discusses the problems of the liberty of conscience, individual autonomy, human rights (in their medieval interpretation), boundaries of intrusion of public authorities in social life, etc. The ideas of the Byzantine philosopher represent one of the first attempts of apologetics of “democratic Christianity”.

Keywords: concept, christianity, empire, philosophy, politics, power, church, state, phenomenon, discourse

DOI: 10.7256/2454-0706.2017.5.23069

Abstract: The subject of this research is the examination of issues of organizational legal nature associates with the development of system higher education in pre-revolutionary and modern Russia. The object of this research is the combination of socioeconomic and political-legal elations established in the Russian State in pre-revolutionary and present periods. The goal of this work consists in determination of the key trends in development of the organizational legal grounds of functionality of the system of higher education in Russia over the period of the XIX – the beginning of XXI centuries. The scientific novelty of this work consists in the following conclusions: the general features common to the development of pre-revolutionary and modern higher education include standardization, tendency towards the applied nature of higher education, development and differentiation of the applied and academic education at the level of advanced and higher education, systemic approach towards the reform of higher education, formation of the highly qualified personnel in various disciplines, and patriotic education.

Keywords: standardization, reforms, staffing, Ministry of Public Education, Russian Empire, higher education, practice-oriented approach, systematic, Electivity, autonomy

DOI: 10.7256/2454-0706.2018.4.24633

Abstract: This article attempts to analyze the common and peculiar within the content of the European constitutions of the XVIII-XIX centuries from the perspective of the philosophical-legal ideas of Antiquity. Special attention is given to the impact of Plato’s and Aristotle’s doctrines upon the spirit of the two constitutional acts of France, Germany and Poland. In the author’s opinion, the concepts of the Ancient Greek thinkers did not fade their importance for the legal science, which is defined by the demand of modern society for the establishment of positive sustainable values during the era of global transformations. The author substantiates a thesis that for finding an optimal balance of values within the modern theory of constitutional law, become relevant the methods proposed by the thinkers of Ancient Greece. Implementation of Aristotle’s principle of the golden mean from the perspective of legal science suggests that the key goal of constitutional regulation is the ensuring of compromise of all social strata through achieving the mathematical equilibrium of the axiological system. However, the realization of the concept of axiological formation of the future with the help of constitutional acts allows affecting the social relations, which cannot develop in any other way rather that the correlating influence by the norms of basic law.

Keywords: Aristotle, Plato, axiology of the constitution, philosophy of constitutional law, first European constitutions, justice, Ancient Greece, constitutionalism, philosophy, individual and state

DOI: 10.7256/2454-0706.2018.11.25683

Abstract: The subject of this research is the judicial and jurisdictional policy of the Russian supreme authority with regards to indigenous people and immigrants of the Ural regions in the early XVIII century. The goal of this work lies in the analysis of the early stages of development of the local systems of justice, forms and methods of adaptation and integration of peoples and separate social groups into the political-legal system of Russia. The author draws a conclusion that in the context of state reforms of the first half of the XVIII century, the judicial and jurisdictional policy of the Russian supreme power with regards to indigenous people of the Ural regions was undergoing transformations aimed at establishment of typical jurisdiction and balanced expansion of the legal field of the Russian Empire. The judicial system and jurisdiction continued to consider the ethnocultural specificity of the population in Ural regions, where the powers in administering justice were delegate to special agencies for increasing the effectiveness of the local government and successful implementation of state policy. The scientific novelty consists in examining the questions of establishment in the province of the Russian Empire of the systems of justice that consider the historical and sociocultural peculiarities of the local population – indigenous peoples and immigrants. The author introduces into the scientific discourse of the regulatory acts and documentation that give a perspective on the results of implementation of the judicial and jurisdictional policy of the Russian supreme authority in the Ural regions during the late XVIII century.

Keywords: legal proceedings, justice, law, judicial system, policy, reforms, Russian Empire, indigenous peoples, estates, province

DOI: 10.7256/2454-0706.2018.1.21986

Abstract: The subject of this research is the question of recognition of the norms of Soviet law by the courts of Capitalist states in civil litigation of Soviet citizens and organizations with foreign citizens and legal entities. It summarizes certain results of historical struggle between the “Socialist” state for recognition of equality of the Soviet system in the international arena. Its key success was the recognition of the the “general international law”, in accordance with which the trade agreements of the country could be formalized with foreign capital. The article demonstrates how with the growth of the power and influence of the Soviet state on the international arena and its recognition by the Capitalist nations, the Western countries changed their stance on the Soviet legislation – from ignoring and perverting it, to its recognition and application in the practice of judicial branches.

Keywords: objective laws, application, recognition, jurisprudence, norms of law, Soviet legislation, capitalist states, USSR, international law, economic ties

DOI: 10.7256/2454-0706.2024.3.40670

Abstract: The subject of the study is the legislation on illegal actions with narcotic drugs and other substances with generally dangerous properties under the criminal codes of 1922 and 1926 in the context of normative continuity with the Code of Criminal and Correctional Punishments of 1845. A comparative legal analysis of the concepts of poisonous, potent and intoxicating substances as subjects of the relevant crimes of the first Soviet criminal codes and the relevant norms of the current criminal law is carried out. For the first time, archival official documents of the highest state bodies were used to substantiate the high degree of public danger of illegal trafficking of potent and poisonous substances. According to the results of the study, legal science and medicine in the studied period had a developed arsenal of conceptual means of describing illegal trafficking and the consequences of the use of substances that pose a danger to public health. The first Soviet legislator took into account unlimited possibilities in the field of chemical synthesis and therefore considered the list of intoxicating substances to be open, referring to any substances whose qualitative features and actual use corresponded to the literal meaning of their names. The concept of potent substances was generic in relation to the concepts of narcotic drugs and other substances, the defining property of which was the intensity of their effects on the body. The continued use of pre-revolutionary conceptual constructions in modern criminal legislation serves as a normative obstacle to the development of the criminal law institute for the protection of public health based on the norms of international law.

Keywords: morphine addiction, cocaine addiction, drug addiction, public health, narcotism, drugs, psychoactive, intoxicating, potent, toxic

DOI: 10.7256/2454-0706.2018.2.25396

Abstract: This article formulates the concept and characteristics of marriage in accordance with the customary law of the Russian peasant community. The established view upon peasant marriages as a property deal is subjected to a critical reevaluation. Based on the practice of volost courts is formed a list of conditions and barriers for entering marriage. Special attention is given to the accord between the will of the intending spouses and the interests of both parties arranging the marriage. The authors point at separate cases of disparity of the customary legal practice with assignments of the positive law. The historical legal method is applies in examination of practice of the peasant volost courts. Juxtaposition of the customary legal model of marriage with the modern family legislation allows concluding that at the present time, the matrimonial law is deprived of the majority of religious and ethnical ideas, which mediated the registration of marriage between the Russian peasants. The authors claim that the current crisis in the indicated area is considerably caused by the legislator’s refusal to right moral laws.

Keywords: indissolubility of marriage, obstacles to marriage, the conditions of marriage, the registration of marriage, the concept of marriage, Russian customary law, Russian peasant community, legal practice, demographic policy, wedding

DOI: 10.7256/2454-0706.2018.11.27936

Abstract: On the background of the Russian economic crisis, the family policy takes on an even greater relevance. The subject of this research is the proposals of political parties in the area of family policies. The object of this research is the election campaigns of the political parties at the 2016 Russian legislative elections. The author carefully examines such aspects of the topic as the significance of family policy in the election programs, establishment of the political parties’ attitude towards the institution of family, determination of the key vectors of political activity with regards to family policy. Due to the recentness of the events under consideration, the question has been thinly studies in the historiography. The author is first to explore specifically the attitude of the political parties towards family policy in the course of the 2016 legislative elections. Neither party has chosen family policy as the background of their political campaign; however multiple initiatives were launched concerning the support of families. The main attention of the political parties is focused on increasing family wealth and solution of housing problem.

Keywords: Yabloko, KPRF, Edinaya Rossiya, political parties, elections to the Duma, electoral programme, family policy, Patrioty Rossii, LDPR, Spravedlivaya Rossiya

DOI: 10.7256/2454-0706.2017.9.23818

Abstract: This article analyses the peculiarities of court ruling revision during the period of validity of the 1960 Code of Criminal Procedure of the RSFSR. The work elucidates that the further development of the socialistic model of court ruling revision was related to the legal recognition and the scientific justification of the admissibility of revision of case facts in a supreme court in the absence of a procedure for the review of direct evidence. The grounds for revision in a cassational and the supervision procedures are identical, which proves that the entering of a ruling into force was of no consequence for the revision system. The modernization of the entire existing legal system, while preserving Soviet and restoring pre-revolutionary agencies for court ruling revision, carried out in the period between the judicial reform of the 1990’s, and the adoption of the Code of Criminal Procedure of the Russian Federation in 2001, is under consideration. The article pays special attention to the attempt to separate the appeal proceeding from current cassational revision procedure by law. The subject of the article required the application of a number of general scientific methods (systemic analysis, description of empiric material, comparison and generalization), as well as field-specific methods (historic and legal analysis, generalization of the law enforcement practice and technical and legal analysis). The author concludes that the existing institutional contradictions of the revision system, established by the 1960 Code of Criminal Procedure of the RSFSR, made it unstable and short-lived. The stated contradictions brought about the need for the court reforms of 1990–2000, which concerned court ruling revision as well. The main result of such reforms was the restoration of appeal proceedings; otherwise, the changes in the revision system were not fundamental.

Keywords: judicial system, 1960 Code of Criminal Procedure of the RSFSR, revision proceedings, reformatio in pejus, recommencement of cases, revision grounds, proceedings in the exercise of supervisory power, Soviet cassational proceedings, court ruling revision, criminal proceeding

DOI: 10.7256/2454-0706.2017.11.20005

Abstract: This article describes the activity and representations of the prominent political figure P. A. Stolypin in the area of conducting reforms in the Russian Empire in the early XX century. The work examines his multifaceted approach to carrying out reforms of such level with the purpose of establishing a new type of personality that was the focus of the entire activity of the government. The author underlines the correlation between the enlightenment of the country and economic ability of its separate citizens, which in accordance with Stolypin’s opinion, plays the key role in development and establishment of civil personality and legal state. Source base of the research consists of several groups: various legislative normative documents (digest of laws of the Russian Empire and decrees of the government); speeches of P. A. Stolypin; case studies on Stolypin’s as a political figure and his reformatory activity. The works in foreign language became a separate group of sources. The article also analyzes Stolypin’s concept of state authority in the Russian Empire that leans on the particular “pillars”, which in turn, consider the historical reality of the Russian people and state. The conclusion is made about the original and multifaceted approach of the government to reforming and enlightenment of the country. The author traces an attempt of creating a new type of personality – socially active individual-proprietor, which P. A. Stolypin intended to achieve by means of the system of law and inclusion of citizens into self-government bodies.

Keywords: theory of public enlightenment, national policy, law, XX century, system of education, Stolypin, reform, civil education, theory, personality

DOI: 10.7256/2454-0706.2017.2.10912

Abstract: This work, from the perspective of detailed historical method of research, analyzes the normative positions of jarligs of Tatar Khans extended to Russian metropolitan bishops as a particular type of subsidized immunity diplomas. It is difficult to overestimate the importance and the value of jarligs within the history of Russian law, including criminal law. The Tatar-Mongol invasion had impact upon the development of statehood and culture of Russian people, as well as affected the area of jurisdiction. Being different in its nature from the norms of the Ancient Russian legal system as a whole, the legal norms of the Golden Horde “familiarize” the princes and clergy with crimes that most likely were unknown to the Ancient Russian criminal law. Among such crimes we can list the bribery and violation of the dictates of legal norms, namely as the infringement on the state interests reflected in administrative order. These criminal acts in the law of the Golden Horde were punished more severely and took precedents in importance of object as compared to other crimes. There emerged certain “compromissory” compositions of crime, which were called to protect the interests of Russian clergy – ban on mockery of Christian faith; destruction, damage, or seizure of church property, as well as religious books and manuscripts as objects that possessed cultural and spiritual importance, and undoubtedly extended well beyond the property of the Russian Orthodox Church. But the Russian clergy represented by the metropolitan bishops was also forbidden to violate the precepts of jarligs, as well as the servants of the Khan.

Keywords: Put to death, Khan, Tatar-Mongol invasion, Russian clergy, Immunity diploma, Legal custom , Paiza, Golden Horde , Metropolitan bishop , Tatar Khans jarligs

DOI: 10.7256/2454-0706.2019.5.27942

Abstract: The full realization and protection of rights, freedoms and legitimate interests of the Russian citizens, as well as practical implementation of the constitutional principles of democracy and people’s participation in state administration requires constant improvement of the system of legal regulation of the civil society institutions in Russia. One of the basic guarantees of the balanced functioning and development of civil society in democratic state is the institution of public control. Optimization of the processes of organization and realization of public control in the Russian Federation suggests using the previous positive experience in this regards. Therefore, special relevance gains the examination of experience of the institution of people’s control in the Soviet Union. This article is dedicated to the comparative-legal study of the institutions of public control in the Russian Federation and people’s control in the Soviet Union with regards to application of positive experience of the latter. The author conducts a comparative-legal analysis of the regulatory framework of public and people’s control; pursues correlation between the concepts, principles, objectives, goals, composition and authorities of the subjects, as well as legal force and the character of decision-making. This allowed determining the limits in application of people’s control in the Soviet Union in the context of optimization of public control in the Russian Federation, formulating specific proposals and recommendations.

Keywords: constitutional and legal analysis, optimization, Constitution, Russian Federation, USSR, public control, people's control of power, positive experience, comparative law, democracy

DOI: 10.7256/2454-0706.2017.7.18325

Abstract: The subject of this research is the normative legal acts that regulate the work of the law enforcement agencies on the fight against child neglect during the Great Patriotic War. The object of this research is the public relations emerging as a result of work of the law enforcement agencies on this matter. The author meticulously reviews the causes of neglect, as well as gives special attention to the key directions of activity of the department on the fights against child neglect and homelessness, as well as children correctional facilities. The scientific novelty consists in the fact that for the first time in Russian jurisprudence, the author attempts a comprehensive analysis of the normative consolidation of the work of law enforcements aimed at fight against child neglect and homelessness during the Great Patriotic War. Conclusion is made that under the circumstances of the newly started war, the problem of child neglect becomes sizable; however, the established system of law enforcement agencies aimed at fighting child neglect and homelessness provided an efficient execution of the delegated functions. The archive materials testify to the fact that the law enforcements successfully fought the mass homelessness and neglect.

Keywords: Decree, Decision, Order, Prisoners, Children correctional facilities, Crime, Underage, Neglect, Homelessness, Great Patriotic War

DOI: 10.7256/2454-0706.2017.9.23920

Abstract: This article is dedicated to the history of establishment of the dual citizenship legal institution in the Republic of Abkhazia. It is noted that at the present stage, the majority of the Abkhazian citizens are bipatrides – along with the citizenship of the Republic of Abkhazia, also have citizenship of other state. The object of this research is the analysis of the content of dual citizenship institution of the Republic of Abkhazia from the historical perspective. The author attempts to examine the establishment process of the aforementioned institution throughout the period of 1990-2017, since the moment of adopting the Declaration of State Sovereignty of the Socialist Soviet Republic of Abkhazia on August 25, 1990 until the present time. The subject of this work is all normative legal acts of the Republic of Abkhazia that were adopted after August 25, 1990, international agreements of the Republic of Abkhazia, as well as normative legal acts of the states, with which in accordance with the legislation and international treaties of the Republic of Abkhazia, bipatrism was established de jure. Of special relevance is the execution of agreement between the Republic of Abkhazia and Russian Federation on cooperation and strategic partnership; as specified in the Article 13, Russian Federation had to take additional measures aimed at streamlining procedures for acquisition of citizenship of the Russian Federation for the citizens of the Republic of Abkhazia. The author believes that in case of adopting such measures, the number of bipatrides – Abkhazian citizens with the Russian citizenship, significantly increases within the territory of the Republic of Abkhazia, and thus, escalates the attention of Russian scholars towards acquisition of the Russian citizenship by the separate categories of individuals – in this case – citizens of a particular state. The scientific novelty consists in the fact, that despite the relevance of the topic at hand, in the Republic of Abkhazia there are no scientific research on dual citizenship as an integral legal institution; the existing works carry the politological, historical, or sociopolitical character. The author is first to define the key periods in establishment of the dual citizenship institution, as well as regularities and peculiarities of its formation over the period of 1990-2017.

Keywords: Stages of establishment, Bipatrides de facto, Bipatrides de jure, International agreement, Dual citizenship institution, Bipatrides, Bipatrism, Dual citizenship, Citizenship, Republic of Abkhazia

DOI: 10.7256/2454-0706.2017.11.24287

Abstract: The subject of this research is the taxation policy of the Finance Minister V. N. Kokovtsov in 1906-1907 and the developed in the Ministry of Finance program of reforms aimed at the complex restructuring of taxation system of the Russian Empire. Based on the archive materials, the author provides a brief characteristic of the content and goals of the tax reform plan, assesses the possibilities of its implementation, as well as factors that impeded the adoption of the majority of proposed draft bills prior to the beginning of the World War I. The scientific novelty is substantiated by the use of archival documents that have not been previously introduced into the scientific discourse, which allowed making a conclusion about the common trend of the entire taxation policy of V. N. Kokovtsov in 1906-1907 towards the increase in tax revenue with the concurrent reallocation of tax burden and reducing tax responsibility for the poor population.

Keywords: State Duma, Draft bill, Taxation policy, Ministry of Finance, Indirect tax, Direct tax, Tax reform, Kokovtsov, Tax plan, Russian Empire

DOI: 10.7256/2454-0706.2017.6.23254

Abstract: The subject of this research is the legal regulation of execution of court decisions throughout the history of Russian law. The object of this research is the social relations established in realization of tasks in the process of executing judicial decisions in the Russian State in various historical periods. The author analyzes the formation and development of the Russian legislation, as well as peculiarities of legal regulation of execution of judicial decisions. Considering the significant changes in legal regulation of executing judicial decisions in different historical periods, associated with the adoption of fundamental legal amendments and reforms in the field of public relations, the author determines the stages of establishment and evolution of the legal regulation of executing judicial decisions. The original periodization of the establishment and development of legal regulation of executing judicial decisions is proposed in the article. The author believes that it is inappropriate to talk about the establishment and development of legal regulation of executing judicial decisions peculiarly in terms of coercion, because the voluntariness of executing judgments existed at all stages of legal regulation decision-making, but beginning in 1864, the procedure of voluntary execution of judicial decisions has received a detailed regulatory consolidation. The scientific consists in the fact that based in the fact that based on the analysis of a number of legal monuments and existing sources, the article provides a fairly complete picture of historical evolution of the procedures related to execution of judicial decisions in the Russian law.

Keywords: development, establishment, law, stages, legal conformity, execution of judicial decisions, bailiff, obligor, collection, evolution

DOI: 10.7256/2454-0706.2014.1.10264

DOI: 10.7256/2454-0706.2014.1.52141

Abstract: The article examines the history of adopting the provisions of the “On Elections of People’s Courts of the RSFSR” in the years 1948 and 1951. The norms of the specified acts are analyzed, the main stages of the electoral process for the election of people’s judges are characterized, and the requirements for candidates are highlighted. It is noted that the qualification requirements set forth in the provisions were extended by the Minister of Justice of the USSR by issuing orders. The measures, taken by public authorities and party organizations in order to ensure the proper procedures for the election, are being considered. There is a conclusion that the adoption of acts on electing the people’s judges, playing a significant role in the formation of the status of judges, constituted an important step on the way to achieving effective judicial independence from the executive authorities. The low-skilled part of the judiciary became the reason for increasing the requirements for candidates, which resulted in making changes not only in the Republican legislation, but also in the Union legislation.

Keywords: Russian Federation, Constitution, people’s judge, councils, executive committee, elections, the Ministry of Justice, law, electoral process and qualification requirement.

DOI: 10.7256/2454-0706.2020.6.32739

Abstract: The object of this research is the administrative-economic reform conducted in the Soviet Union in 1957. The subject of this research is the legal acts of the Councils of National Economy. The author meticulously examines the order of passing legal acts by the Councils of National Economy, as well as their policy-making activity. The article provides the analysis of law and draft bills of government authorities of USSR and RSFSR, as well as legal acts of the Councils of National Economy. Classification of the latter by the content and nature of the contained administrative requirements is conducted. In conclusion, it is established that the crucial questions of competency of the Council were usually resolved collectively; however, there was not clear demarcation between the rights of the chair of the Councils of National Economy and the Councils itself. Gaps in policy-making activity with regards to the order of issuance of acts led to unnatural increase in the already significant amount of such acts, which did not make any essential contributions to the work of institutions and enterprises subordinate to the Council of National Economy.

Keywords: legal acts, economic management, economic council, industry management, administrative and economic reform, management acts, law making, soviet law, soviet state, USSR

DOI: 10.7256/2454-0706.2017.7.23481

Abstract: The subject of this article is the legal establishments of the Russian Empire in formation of the status of Islam and Muslim clergy in the North Caucasus Region (late XVIII – XIX centuries). The author presents an original view of the situation at hand, and arguing that throughout the entire chronological period Muslim religion manifested as an efficient tool for “conciliation of the alien tribes” and was implemented by the government, analyzes the key postulated of lawmaking of the empire with regards to Islam. A conclusion is made that as a result of conflictness of multiple legal establishments in the North Caucasus Region, the adjustment of Russian legislation to Muslim religion took quite long time – the entire XIX century, which contained the religious legal models that fluctuated from the formation of basic foundations of the religion to creation of the legal precedents. In order to not repeat the past wrongs, the modern legal experts and politicians must analyze the existing experience in the “Muslim question” that can help finding the right ways for ruling the multi-confessional nation.

Keywords: Caucasian societies, Russian legislation, Muslim clergy, status of Islam, aborigines, Muslim nations, legal establishment, religious policy, North Caucasus, Russian Empire

Abstract: As the author of this article points out, based upon the studies of the pre-Revolution Russian legislation one can’t draw a clear conclusion on one preferred legal doctrine of Russian legislators. The reforms and disorganization of economics did not allow for creation of the “slim and clear” concept of many social and legal matters, one of which was the concept of a juridical (legal) person…

DOI: 10.7256/2454-0706.2017.11.24611

Abstract: This article examines the question of drawing up the will using the alternative to notarial method under the simplified procedure. Special attention is given to the historical analysis of the last will that in the late XIX century comprised a special group of privileged will subordinate to the drafting and storage regulations. The authors conducted a comparative analysis between the conditions of the last will drawn up in the Roman Empire, and such drafted in rare circumstances in the Russian Empire in accordance with the existing legislation of the Russian Federation. The scientific novelty consists in consideration of the changes in content of the will drawn up under the simplified procedure. Having analyzed the legislation of the present judicial practice, the authors concluded that the legal regulation of the last will with certain transformation passed into the Civil Code of the Russian Federation, and at the present stage qualifies as the will drafted in rare circumstances.

Keywords: notary, historical analysis, laws of the Russian Empire, military personnel, military hospitals, last will , rare circumstances, threat to life, witnesses, judicial practice

DOI: 10.7256/2454-0706.2019.5.29674

Abstract: This article is dedicated to the question of revival and development of people’s justice in the Republic of Abkhazia. The author analyzes the following stages of functionality of quasi-judicial tribunals in the Autonomous Republic of Abkhazia: post-Soviet (the collapse of Soviet state and legal system, and Abkhaz–Georgian conflict; and modern (the establishment of the Republic of Abkhazia and functioning of the official court system). It is underlined that if initially, in absence of the state judicial bodies, people’s justice was much needed, then in current realities, its impact diminishes over time. The author determines that at the present stage, the traditional judicial bodies faded have lost their former importance and carry no social weight (considering the substitution of authority in youth environment). The formed by them legal and moral-ethical practice continues to affect the modern Abkhaz society, including the public officials.

Keywords: justice in Abkhazia, collapse of the USSR, Council of Elders, abkhaz ethnic law, customary law, Apsuara, people's justice, Republic of Abkhazia, increase in crime situation, quasi-judicial tribunals

Abstract: The Russian empire was a classic confessional state. All existing religions were included by the state into the pyramid-like structure with Orthodox Christianity being on the very top of it and enjoying special support and protection of the rulers, as well as almost monopoly on missionary activities. This article by A.A. Safonov is devoted to religious reforms, aimed to bring the Russian Empire closer to the concept of the secular state.

DOI: 10.7256/2454-0706.2017.1.17478

Abstract: The object of this research is the judicial system of the Russian Empire in the late XVIII century. The article analyzes the goals, content, and results of judicial legal reforms realized by Paul I. The author examines the reforms carried out in the general jurisdiction courts, as well as system of bodies of state and public administration. The attention is given to the results of implementation of the judicial legal reform in the regions of Russian Empire with the sanctioned systems of law, and places of compact dwelling of the ethnical social classes. The author concludes that the Emperor Paul I, who attempted to optimize the state apparatus and consolidate legal order based on the “police state ideology”, reduced the number of courts of general jurisdiction, realized decentralization of functions of justice, as well as eliminated the estates representatives from composition of the judicial board. The monarch reinforced the municipal and district police administration, and distributed the principles of centralization and unification at the volost level of administration system. Paul I demonstrated the support of succession of the sources of law, which regulate court organization and procedure in separate areas violated during the ruling period of Catherine the Great, not only by restoring the pre-reformation bodies in Little Russia and Baltic region, but strengthening the distinct status of ethnical estates and mitigating integration of the migrants. The restoration of special judicial organization in separate areas and weakening of the elements of social control over judicial procedure in state courts, were the factor that objectively constrained the development of system of justice in the Russian Empire.

Keywords: Province, Social class, Legal representation, Court procedure, Justice, Law, Court organization, Policy, Reforms, Russian Empire

DOI: 10.7256/2454-0706.2017.11.24673

Abstract: The subject of this research is the doctrinal position of the Vatican regarding the questions of preference of the various political regimes, forms of government, and methods of exercising power. The object of this research is the Catholic Social Teaching during the pontificate of Pope Paul VI, particularly within the framework of the Second Vatican Council. Special attention is given to the so-called “liberal pivot”, noting that speaking of the drastic shift in doctrinal position of the Holy See would be incorrect, because the Council had realized the codification, rather than a change in Vatican’s position. The author concludes that the popular approach in the Western and Russian science, which suggested the consideration of the Second Vatican Council as a pivotal moment in the history of Catholic Social Teaching is inaccurate and carries within it the danger of establishing strive towards universalization of views upon the possibility of democratization of confessional movements, which becomes ever less justified in the modern world. The importance of the Second Vatican Council should be pursued in development instead of the expansion of social teaching, as well as systematization, rather than reassessment of the Church’s position.

Keywords: Second Vatican Council, liberalism, democracy, Pope, Paul VI, Vatican, Catholic social teaching, globalism, encyclical, political ideology

DOI: 10.7256/2454-0706.2018.8.27189

Abstract: The subject of this research is the representative strategies aimed at the political-legal establishment of the supra-estate (class) status of the supreme sovereign power during the reign of Catherine the Great. Special attention is given to the ideological support of the dominant position of the empress, in the state legal system of Russia during the second half of the XVIII century. In the transformation of the supra-estate legislation into an efficient instrument of ruling the society, legitimation of the absolute monarchy was taking place based on the doctrine of common good, which contributed to strengthening of the conservative beginning of state paternalism and development of the supra-estate content. The novelty of this research consists in determining the key vectors of the domestic politics course, which through the political-legal representations ensured targeted influence of the supreme sovereign power upon the society in the course of implementation of the paternalistic model of relations of the citizens.

Keywords: representational strategies, ideological support, political-legal course, state paternalism, super-estate monarchy, estate system, state building, Russian autocracy, lawmaking, ceremonial text

DOI: 10.7256/2454-0706.2019.12.31683

Abstract: The object of this research is the ordinary legal consciousness. The subject of this research is the factors that define the statics and dynamics of ordinary legal consciousness during the first post-revolution decades. Special attention is given to the substantiation of the possibility of using historical sources of private origin for reconstruction of the peculiarities inherent in the ordinary legal consciousness. The work demonstrates that from the position of communicative approach, birth of new Soviet law is seen as a process that combines different strategies of interaction between the subjects depending on historical stage, as well as a dialogue between authorities and the people. The novelty of this research consists in proposal to expand the historiographical base by application of methods such as discourse analysis and semiotic analysis. On several examples from written sources of private origin, the author demonstrates some typological characteristics of legal consciousness, representing basic archetypes. Results of this research substantiate the possibility of reconstruction of the genesis of “living law” using semiotic discourse analysis of historical text and confirm the prospects of their application from the position of communicative approach towards legal understanding. A conclusion is made that post-classical methods of research warrant an opportunity and necessity to expand the source base of study of such type of legal consciousness as ordinary.

Keywords: communicative theory, archetype, ordinary legal consciousness, historical sources of personal origin, transition period, identification, discourse-analysis, everyday life, self-presentation, semiotic of law

DOI: 10.7256/2454-0706.2013.1.51906

Abstract: The article is devoted to the process of formation and development of representation of the Universities in Russia and in Europe as a part of their constitutional status in XIX and early XX centuries, as well as to the constitutional doctrine of professional representation. The growth number of representatives of academic and higher education institutions, as accompanied by the development of the legislative provisions in this sphere, were followed by the considerable amount of criticism. The representation of the Universities via the elections from an academic corporation denies the people’s University, since the representatives of the University tended to represent their corporations, rather than the people as an abstract supreme legal entity, which sums up to a dogmatic fiction, which remains the basis for the constitutional law.