Keywords: Kitai, Russkaya dukhovnaya missiya, normativnoe obespechenie, instruktsiya, missioner, katekhizatsiya

Keywords: grazhdanskii protsess, uproshchennoe sudoproizvodstvo, vidy proizvodstv

Abstract: The article concerns grounds and contents of responsibility for treason (perevet) as a first public crime mentioned in the acts of ancient Russian law. It is noted that treason was understood as secret informational and other assistance to an enemy of the Pskov city community. The evidence of guilt of a traitor was first of all correspondence with the enemy. Treason was a public state crime in a sense, that it was an encroachment upon the security interests of the entire publicly organized Pskov community. Punishments to the traitors (hanging or throwing off a bridge) were traditional for the veche and Princes justice of the North-Western Russia and it was regulated by a legal custom. At a Christian time the capital punishment (hanging or burning) for treason was sanctioned by the City Law, as included in the Book of the Helmsman. The article analyzes the text of the Pskov Judicial Charter and the chronicles, which mention punishments of the traitors. The provisions of the Pskov Judicial Charter are regarded in connection with the legal customs of the Ancient Rome and medieval China. The conclusion was made that the requirement of the Pskov Judicial Charter of “no property for the traitor” did not introduce treason as a new type of crime, and it did not establish capital punishment as a novel type of punishment. At the same time it regulated proprietary consequences of treason. The Pskov Judicial Charter provided that a criminal lost title to his property (zhivot), which was transferred to the city community. It made it impossible for the traitor to ransom himself out of capital punishment or transfer the property to his heirs. That is why treason and other types of crimes to which the rule of “no property” applied were singled out as a separate category and their legal consequences were quite similar to the “unforgivable” crimes of the Chinese medieval law and the “heritage” crimes of the Ancient Rome.

Keywords: ancient Russian law, the Pskov Judicial Charter, the public crimes, perevet, treason, information assistance to the enemy, zhivot, capital punishment, property, responsibility.

Abstract: The article is devoted to the studies of development of military criminal and military procedural legislation of Russia of the first quarter of XVIII century. The development of these branches of legislation was due to the fact that the newly formed by Peter the Great in the process of military and military judicial reforms “regular” army, military fleet and military courts have formed principally novel objects of legal regulation, which required issuing a large amount of legislative and other normative act. The situation was complicated by the fact that in the course of preparation of the normative basis for the organization and functioning of the reformed armed forces and military judicial bodies the legislator had almost no opportunity to rely on the national legal experience, since the Russian legal models were either absent, or they did not correspond with the direction of the reforms. When preparing the article the author used the historic, comparative legal, and historical genetic study methods, as well as general scientific methods of analysis and synthesis. For the first time this article includes a comprehensive characteristic of the situation in the Russian military criminal and military procedural legislation at the time of the reforms of Tsar Peter the Great within the context of development of military legislation. For the first time, the author provides for the exhaustive nomenclature of the acts of military legislation of the said period, singling out two stages of its development: the late 1690s to 1700s, and 1710th to the first half of 1720s. It is shown that by the start of 1720s the military law was single out as a branch within the Russian legal system. The author defines the place within the legislative system of the Code of Laws of B.P. Sheremetyev of 1702 and the Brief Articles of A.D. Menshikov of 1706. The author also provides new notes on the contents of the Military Articles of 1714 and the Brief Description of Processes and Judicial Proceedings” of 1712, which were first Russian military criminal and military procedural codes.

Keywords: military criminal reform, military crimes, military courts, Tsar Peter the Great, military law, military procedural legislation, military criminal legislation, Ernst Friedrich Krompein, salvus conductus, public crimes.

Abstract: The article is related to the issue of interaction between the legal ideas and views in the cultural context of the ancient Greek drama. The tragedy moments interacted with the ideas of law and order, which were being formed in the ancient world, and provided them with epic and aesthetic platforms. The heroes and personalia of the tragedy were reflections of typical prose, statuses and acts within these legal views. T he mythological attitude to law brought special features into legal conscience and legal practice. The Greek democracy revived the ancient traditions while correcting them with its legal and political commentary. The right to speak and the right to see became specific legal institution of this political system. Specific features of criminal law – guilt and punishment – were duly included into the dramatic picture of the epoch, and they were reflected in the Greek tragedy. The views and institutions, which sprang from the Greek polices and democracy, later had a considerable influence upon the development of European law and legal ideology. In this aspect the law becomes an important part of culture, and its language correlates to the language of legal customs and documents. The ancient Greek tragedy became a visible drama, reflecting the formation of ideas, norms and views, which formed the “body” of law in the sense, in which it shall be perceived by the theoreticians of natural law in Europe and elsewhere.

Keywords: law, legal conscience, guilt, punishment, crime, punishment, adversarial system, democracy, responsibility, state.

Abstract: Protection of property by the ancient Russian Orthodox Church has a rather specific character. By the time when the lists of the Synodal edition of the Statute of Prince Yaroslav on the Church Courts were formed, a number of encroachments on orthodox religious rites and other objects had appeared and formed as well. The Russian Orthodox Church considered the Eastern Slavic people were r eady f or t he r eligion, a nd s trengthened t he p rotection o f i ts o ther s ubsidiary o bjects. I n a ddition to the Orthodox Christian dogma the protection covered property relations regarding church property, symbols and constructions. Crimes against them were often unified by the researchers within the category of sacrilege in the broad sense of this word. Additionally the Church started protecting specific persons. Criminal law protection of property by the ancient Russian Orthodox Church was not among the priority goals, unless one is to speak of the property of the church feudal and sacrilege i n t he b road s ense o f t he t erm a s a t ype o f e ncroachment u pon r eligion. F or a ll o f s uch crimes the immediate object of crime was interests of religion and church. And when the church regulated responsibility for property-related crimes, it clearly limited the sphere of its influence with the family or specific feature of the object of crime, or with the methods of committing such crimes.

Keywords: church theft, sacrilege, Church Statutes, to insult the dead, blasphemy, harming cross, writing on walls, graffiti, epigraphic, grave robbery.

Abstract: The article is devoted to the study of Marquis de Sade as an eccentric political figure of the late Enlightenment period and first years of the French Revolution. His attitude towards revolutionary legislation and revolutionary ideas reflected political and legal positions of a specific social group — the Libertines, who had a considerable influence on the development of legal ideology and legislation of the Revolutionary epoch. Political and legal Ideology of skeptical aristocrats, are expressed by Marquis de Sade was almost identical with the ideas of the Jacobins. Terror of prevailing revolution was collective, while Marquis de Sade supported individual terrorism. Being a participant of revolutionary events, Marquis de Sade had a negative attitude towards organizational violence, which was used by the revolutionaries. While upholding the power of passion and enthusiasm, he had a negative attitude towards the soulless violence by the state. He considered laws and decrees of a new political regime to be legal fictions. Legal nihilism of Marquis de Sade was expressed in his attitude towards revolutionary law as an artificial measure, failing to meet true internal needs of human nature. He also considered nature to be alien. The idea of nature, which may be found at the very basis for natural law, is just as alien for a human being, as it Is machinery substituting for men in the new epoch.

Keywords: violence, law, terror, repression, Libertines, tribunal, revolution, execution, crime, court.

Abstract: The object of study is legal regulation of missionary work of the Russian Orthodox Church (ROC) in early XIX century. The goal was to uncover the specific features of regulation of missionary work of the Russian Orthodox Church in early XIX century based upon the analysis of normative legal documents, archive and documentary materials. The methodological basis for the study was formed by the principles of objectivity, systemic scientific analysis and complex use of sources. The principle of historicism presupposes evaluation of all of the factors and processes within the framework of historic development and their dynamics, allowing for clarity of facts and their mutual and temporal relations. According to this principle the author used systemic approach in study of normative legal sources and archives. The use of systemic principle in the studies of the legal regulation of missionary work of the Russian Orthodox Church facilitated structuring of the existing sources in various historic periods and allowed to recreate the generalized situation of the time. The results of the study allow for the use of new normative legal sources regarding history of missionary work of the Russian Orthodox Church in the further studies. It is for the first time, that the goal of the study in this field is based upon the representative documentary basis, and it is to provide a complex vision of legal regulation of missionary work of the Russian Orthodox Church in early XIX century. The author proves that from 1801 to 1825 the state attempted to codify legal norms directly or indirectly regarding missionary work of the Russian Orthodox Church in order to comply with the interests of the state and to avoid abuse and violations on the part of missionaries.

Keywords: jurisprudence, mission, Synod, codification, instruction, Charter, property, decree, court, order.

Abstract: Currently the issue of formation of the system of administrative courts is quite a topical one in the Russian Federation. There were several attempts to form a system of administrative courts in Russia, but they are not formed yet. Neither the Stolypin reform of 1909, nor the acts of the Temporary Government on administrative courts of 1917 lead to formation of the system of judicial bodies for dealing with the disputes between the citizens and government bodies. In the Soviet period the attitude to the system of administrative justice was negative, since the court was regarded as a body for the protection of the Soviet statehood from encroachments first of all. Its role as a guarantee of responsibility of the state towards its citizens was denied. However, some elements of administrative justice were present. For example, the courts in 1937 to 1961 gradually gained competence over the administrative actions. This article contains chronological analysis and evaluation of the historic aspects of formation and development of administrative justice bodies in Russia within the period from the second half of XIX century to the current time.

Keywords: jurisprudence, justice, presence, Senate, department, challenging, legislative draft, provisions, administration.

Abstract: The article is devoted to the issue of combination of archaic and innovative specific features in the Russian legislative process at the time of the reforms of Tsar Per the Great. It is established that the tradition was followed insomuch as the legislator retained the idea that the key segment of the Russian legislative system should be one codified act. Novel Ideas in the Russian legislative process in the first quarter of XVIII century included 1) changes in the order of official publication of normative acts, which were duplicated by typographic means; 2) formation of incorporation as a type of legislative systematization; 3) large-scale reception of the Western European legal institutions (especially Swedish); 4) the large-scale involvement of the foreign specialist in the Russian service to the legislative drafting. The article for the first time provides the data on the number of normative acts, which were made public by typographic means in 1714-1725, and of incorporated reports, which were published in 1718-1725. The author singles out and characterizes three scenarios for the adoption of foreign legal experience in the law-making process In Russia of the first quarter of XVIII century: 1) direct transfer of the foreign legal institution into the Russian system with minimal adaptation; 2) in-depth adaptation of foreign specimen to the Russian conditions, attempts to synthesize foreign and Russian legal institutions; 3) superficial fragmented borrowing of foreign legal institutions (an extreme example of this scenario was the phenomenon of using foreign terminology for the newly-formed Russian institutions, while these institutions were not analogous to any foreign institutions). Much attention is paid in the article to the characteristic features of the second scenario, taking the process of reception of the principle of structural and functional separation of judicial bodies from administrative bodies.

Keywords: jurisprudence, «police» state, general codification, legislation, incorporation, reception of law, legal propaganda, official publication of law, Peter the Great, legislative process, Directing Senate

Abstract: The article is devoted to the studies of the legal system of the Moscow kingdom in early XVII century. The author studies legal nature of the religious pledge to the tsar of the people of the Moscow kingdom. Based upon the analysis of the text of cross-kissing writs of late XVI — early XVII centuries, the author defines their types and functions. The cross-kissing writs are regarded as public legal means of influence on will and conscience of the people of the state. The author provides characteristic features of state legal means, criminal legal means and procedural means, as provided for in the cross-kissing writs, as well as consequences for non-compliance with the obligations (loss of mercy of God, church damnation, capital punishments and other types of punishment by the king). The article singles out the types of «cross» crimes, which included violations of the «cross-kissing» pledge. The author provides most detailed analysis of the obligation «not to wish evil» to the king, and the obligation to inform against the crime, of which one got to know. The author evaluates the «cross-kissing» as means of prevention of encroachments upon the bases of political regime of the Moscow state and king himself

Keywords: Moscow kingdom, legal system, pledge, cross-kissing writ, «cross» crime, preventive role of pledge, punishments, evil intention, witchcraft, obligation to inform against a crime.

Abstract: The institution of co-participation in crime was formed gradually in the ancient Russian law, but it was not isolated from similar institutions of their nearest Slavic and European neighbors. Together with the gradual legislative formation of the institution of co-participation in crime, the judicial practice in this sphere was accumulated and analyzed; the criminal law means against group commission of crimes were formed. It is clear that the institution of co-participation in crime may be based on the ancient Slavic mythic and epic opposition «one participant — many participants», which was typical for the world view of the ancient people. The same matter accounts for the specific features of differentiation of criminal responsibility with greater responsibility in cases of co-participation in the criminal law of the Ancient Russia. It was specific, and was viewed through the prism of attitude of the victim towards the group crime. The more people participated in a group crime, the greater was the gravity of the offence to a victim. Each of the co-participants in crime paid a separate fine in a same amount with the other co-participants, while the amount of fine per person was equal to a fine for a crime committed by a single person.

Keywords: jurisprudence, co-participation, offence, co-participants, opposition, hryvnya.

Abstract: The author studies the issue of formation of the legal institution of detaining a suspect in the criminal procedural law of Russia. The author considers that development of the legal institution at the various stages of Russian history could be defined by the level and quality of legal regulation of the status of the detainee and guarantees of his rights. One may single out seven key stages in the formation of this legal institution; however, its evolution is not finished by now, so one cannot say that it is formed completely, since some of its elements require further improvement.

Keywords: jurisprudence, detainment, suspect, legal institution, Russkaia Pravda, Law book, Council Code; reform, stage of formation, periods.

Abstract: The article concerns the key directions of the evolution of the military judicial system in the Russian Empire in the first half of the XIX century. The author analyzes the numerous normative legal acts, which regulated the military judicial system at the above-mentioned period in the Russian Empire, defined the powers and competences of the military courts, as well as structure and number of staff in the military judicial bodies. The author also provides the positions of legal scholars, who studied topical issues of military judicial system of Russia.

Keywords: jurisprudence, court, the Russian Empire, auditoriate, kriegsrecht, military collegiate, reform, evolution, praesus, assessor.

Abstract: In this article the author views the problem of correlation of the norms of customary law of hte Bashkir people and the norms of the Russian legislation and the Shariat norms, taking an example of Bashkortostan in XVI — early XX centuries. The historical and legal analysis of the norms of Russian law, the Shariat law and the customary law of the Bashkir includes criminal and civil legal relations, formation of courts and judicial procedure of the Bashkir people. The author comes to a conclusion that the customary law of the Bashkir people may be applied only in the law-making process of hte state (for example in propaganda of morals, ethcis, respect for mothers and wives, support of society as a whole, application of the customary law of the Bashkir may also be taken into account in the formation of the programs of the Government of the Russian Federation for the predictive purposes. It may also be studied as legal culture of the people. The author defines its place and role as a source of law, which may be disuniting the the legal system of Russia, if every national group shall attempt to include such sources into the legal system.

Keywords: jurisprudence, correlation, custom, law, Bashkir, XVI–XX centuries, the Shariat, Russian, norms, analysis.

Abstract: The article presents brief scientific analysis and conclusions on the history of the phenomena of regional law, which were expressed in the unions of state-like formations of Antiquity. Normative regulators of the polices, city states and their unions at the times of Antiquity gained qualities, elements and specific features of regional and federal elements of federations (confederations) as phenomena in legal systems.

Keywords: jurisprudence, regional law, federal law, federative law, federation, constituent subjects of the federation, city states, state-like formations, objects of competence, legal system.

Abstract: The article is devoted to the source studies, history of town-planning policy, the author reconstructs the process and chronological order of systematization of normative sources for the town-planning activities. The author analyzes the objects of competence, form, elements and the system-forming characteristic features of historical legal documents (level of their codification, legal techniques), which regulate various aspects of town-planning activities in accordance with the accepted typology of town-planning objects: housing units, public buildings, official buildings, industrial, rural and city buildings and constructions. The author comes to a conclusion that the codified normative sources (Ustavs, the large Decrees by the Emperor and the Senate) in the Russian Empire formed the basis for the town-planning policy. The article highlights the analysis of the normative acts of XIX century (such as the Fire Ustav, The Social Support Ustav, Rules on Formation of Public Settlements, etc) which were previously studied less scrupulously than the main normative document — the Building Ustav. The author singles out the main characteristic features of normative regulation of the town-planning activity — the legal idealism.

Keywords: jurisprudence, town-planning, source studies, codification, systematization, politics, legislation, Ustav, construction, urbanistics.

Abstract: The article deals with the topical issues of legal regulation of tea trade. Based on the studies of the archive documents and analysis of the normative legal documents of the Russian Empire in late XIX and early XX centuries, the author shows the formation of the mechanism of legal regulation against contraband and falsification of the imported graded tea, which entered the turnover and the special place which the bundling held in this procedure. The author shows the historic peculiarities of the Russian trade legislation and careful step-by-step legal measures.

Keywords: jurisprudence, tea, packet, packaging, supervision, trader, circular, law, falsification, trade.

Abstract: This article is devoted to the alienation problem in political philosophy of the renown European Renaissance philosopher Benedict Spinoza (1632-1677). B. Spinoza paid much attention to the philosophical analysis of political and legal categories, since, being a rationalist, he was much interested in the problem of possibly establishing state rule based on the “natural light” of enlightened mind and public good. The Dutch thinker expressed his views in much detail in his works, and he provided for the constitutional models of the “ideal” state, showing his way to overcome political alienation. While B. Spinoza did not use the term “alienation” in his works, his creative heritage is concerned with the problem of alienation of political institutions. In his point of view it becomes possible to overcome political alienation, when the democratic state, which is a product of the social contract, is established. In order for the state rule to comply with the principle of public good, the activities of the government should be based on the rule of the people. The nature of democracy is to bring the society to its natural condition, so that the legal norms come into accordance with the requirements of natural law. Therefore, only the democratic rule is able to overcome the alienating influence of the government institutions and to establish the priority of the public good, which is a combination of the three key elements: freedom, equality, and justice.

Keywords: jurisprudence, alienation, democracy, natural law, modus, monism, alienation, nature, force, substance.

Abstract: The article is devoted to the topical problems of legal regulation of the tea trade. Based on the study of the archive documents and the analysis of the normative legal acts of the Russian Empire the author shows the formation of the legal regulation mechanism against the widespread problem of falsified tea turnover in late XIX — early XX centuries. The author proves that the legal measures in this sphere were based on the fiscal interests of the government in the first place, and the protection of rights of customers was secondary.

Keywords: trade, tea, falsification, surrogate, customer, import, levy, package, postal packet, report, seller, circular letter, law.