Reference:
Zasypkin M.A..
Legal grounds of the activity of the Central Committee on Prisoners of War and Refugees (1918-1919)
// Law and Politics.
2020. № 9.
P. 239-248.
DOI: 10.7256/2454-0706.2020.9.43371 URL: https://en.nbpublish.com/library_read_article.php?id=43371
Abstract:
The subject of this research is the system and types of normative legal acts that regulate the establishment and activity of the Central Committee on Prisoners of War and Refugees as a part of the Council of People’s Commissars on War Affairs of the RSFSR prior to being assigned to People's Commissariat for Interior Affairs of the RSFSR in May 1919. The establishment of migration authorities took place in the objectively severe conditions of civil war and foreign intervention, which affected their legal status. The scientific novelty of this work consists in provision of classification of legal acts in accordance with the legal force, subjects of compliance, content area, and the nature of regulations contained therein. The conducted research demonstrates that the formation of grounds of legal regulation of the activity of the Central Committee on Prisoners of War and Refugees tool place simultaneously with the establishment and development of the Soviet law as a new historical type of law, and these grounds are its constitute elements. The obtained results significantly broaden our historical knowledge, allow rationalizing experience of the past and implementing it in the educational process along with the current practice aimed at improvement of organization and activity of migration authorities.
Keywords:
normative legal acts, system of law, NKVD, Centropled, civil prisoners, prisoners of war, Refugees, norms of law, source of law, legal status
Reference:
Timshina E.L..
Reform of the government structure of Russia in the framework documents of political parties (based on the materials of electoral campaigns of 2011 and 2016)
// Law and Politics.
2020. № 7.
P. 136-150.
DOI: 10.7256/2454-0706.2020.7.43316 URL: https://en.nbpublish.com/library_read_article.php?id=43316
Abstract:
Currently, the question of transformation of government institutions, including through the change of Constitution, is of primary importance on the political agenda. The subject of this research is the proposals of political parties on modernization of state structure and reform of the federal branches of government. The object of this research is the election programs of political parties on the elections to the State Duma of the Federal Assembly of the Russian Federation in 2011 and 2016. The author examines the ideas of party actors regarding modernization in the sphere of public administration, attitude of the parties towards modification of powers of the federal branches of government, relationship format between the center and the federal subjects, strengthening of social control over government. Despite the critical approach of political parties, they did not suggest any integrated projects on modernization of the system, but rather expressed disparate opinion. Part of the proposals pertinent to the reforms of public administration were of populist nature and did not have a mechanism for their implementation. Most specific and realizable initiatives were associated with restoration of the previously existing norms. The parties made various proposals on the question problem of administrative and territorial structure of the country, demonstrating a range of approaches from strong decentralization to unitary state. It is assumed that the question of modernization of state structure will remain on the agenda in the next electoral cycle. However, the integrated approach most likely will not be demonstrated. Reforms of the Federal Assembly and judicial system will continue to be the key vectors of political discourse.
Keywords:
Spravedlivaia Rossiia, federative system, political reform, KPRF, political party, LDPR, Edinaia Rossiia, Gosudarstvennaia Duma, election, Sovet Federtsii
Reference:
Bakharev D.V..
Contribution of Franz Joseph Gall in the establishment of criminal anthropology. Part I. Teaching on Localization of Brain Function
// Law and Politics.
2020. № 7.
P. 151-159.
DOI: 10.7256/2454-0706.2020.7.43345 URL: https://en.nbpublish.com/library_read_article.php?id=43345
Abstract:
This article represents a brief overview of the teaching of Austrian medical scholar and natural scientist Franz Joseph Gall (1758-1828) on human anthropology and psychology. Soviet science viewed Gall as a creator of pseudoscience of phrenology, although in prerevolutionary period, he received mostly complimentary assessment. For example, the prominent Russian criminalist D. A. Dril called Gall a “father of criminal anthropology”. In order to determine the objectivity of such assessments, the author attempted to distill the essence of Gall’s doctrine and assess his conclusions regarding the formation of such branch of criminology as criminal anthropology. The research methodology is based on the analysis of monograph works of F. J. Gall and subsequent summarization of the key theses of psychophysiological doctrine of Austrian scholar. In his works, Gall substantiated the ides that the moral qualities and intellectual abilities are innate, and their manifestation depends on the organization of the brain, which is the organ of all propensities and aptitudes. In his opinion, different parts of brain are responsible for completely different functions. The author concludes that the widespread in Soviet science interpretation of the role of Gall in the area of phrenology is inadequate to reality. Firstly, Gall never attributed any special merits to himself pertaining to studying connection between the form of human skull and peculiarities of his psyche and intellect; and secondly, not disputing the existence of such connection, he however, did not establish any strong patterns.
Keywords:
brain function, brain physiology, cranioscopy, phrenology, Dmitry Dril, Lombroso, criminology, Franz Joseph Gall, criminal anthropology, brain localization
Reference:
Zhil'nikov A.M..
Legal acts of the authorities on industry and construction management in the USSR during 1950s – 1960s
// Law and Politics.
2020. № 6.
P. 84-96.
DOI: 10.7256/2454-0706.2020.6.43334 URL: https://en.nbpublish.com/library_read_article.php?id=43334
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
Reference:
Bakharev D.V..
On the origins of anthropological criminology. Discussion on monomania (moral insanity)
// Law and Politics.
2020. № 2.
P. 48-55.
DOI: 10.7256/2454-0706.2020.2.43305 URL: https://en.nbpublish.com/library_read_article.php?id=43305
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
Reference:
Falaleeva I.N..
Ordinary legal consciousness in Soviet Russia of 1920s – 1930s: on possibility of reconstruction by historical narratives
// Law and Politics.
2019. № 12.
P. 94-100.
DOI: 10.7256/2454-0706.2019.12.43296 URL: https://en.nbpublish.com/library_read_article.php?id=43296
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
Reference:
Tuliakov S..
The problem of control group in criminalistics dermatoglyphics: an anthropologist’s view
// Law and Politics.
2019. № 7.
P. 23-35.
DOI: 10.7256/2454-0706.2019.7.43232 URL: https://en.nbpublish.com/library_read_article.php?id=43232
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
Reference:
Goncharov V.V..
The use of positive experience in organization and realization of people’s control in USSR in the context of optimization of public control in the Russian Federation (constitutional-legal analysis)
// Law and Politics.
2019. № 5.
P. 72-88.
DOI: 10.7256/2454-0706.2019.5.43194 URL: https://en.nbpublish.com/library_read_article.php?id=43194
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
Reference:
Loginov A.V..
The revival and development of people’s justice in Abkhazia
// Law and Politics.
2019. № 5.
P. 89-94.
DOI: 10.7256/2454-0706.2019.5.43238 URL: https://en.nbpublish.com/library_read_article.php?id=43238
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
Reference:
Voropanov V..
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
// Law and Politics.
2018. № 11.
P. 53-60.
DOI: 10.7256/2454-0706.2018.11.43139 URL: https://en.nbpublish.com/library_read_article.php?id=43139
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
Reference:
Timshina E.L..
The aspect of family policy in the political parties’ election campaigns. Based on the material of elections for the State Duma of the Federal Assembly of the Russian Federation of the seventh convocation
// Law and Politics.
2018. № 11.
P. 61-72.
DOI: 10.7256/2454-0706.2018.11.43191 URL: https://en.nbpublish.com/library_read_article.php?id=43191
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
Reference:
Maksimov G.K..
Genesis of legal base of formation of local public authorities in the first years of the Soviet state
// Law and Politics.
2018. № 10.
P. 25-31.
DOI: 10.7256/2454-0706.2018.10.43060 URL: https://en.nbpublish.com/library_read_article.php?id=43060
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
Reference:
Antonov V.F..
Evolution of perceptions on criminal volition in the context of establishment of the modern legal systems
// Law and Politics.
2018. № 9.
P. 35-42.
DOI: 10.7256/2454-0706.2018.9.43166 URL: https://en.nbpublish.com/library_read_article.php?id=43166
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
Reference:
Sokolova E.S..
On the supra-estate (class) trends of the political-legal course of Catherine the Great: ideology, legislation, ceremonial practices (second half of the XVIII century)
// Law and Politics.
2018. № 8.
P. 93-113.
DOI: 10.7256/2454-0706.2018.8.43177 URL: https://en.nbpublish.com/library_read_article.php?id=43177
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
Reference:
Likhter P.L..
Philosophical legal grounds and axiology of the first European constitutions
// Law and Politics.
2018. № 4.
P. 51-59.
DOI: 10.7256/2454-0706.2018.4.43113 URL: https://en.nbpublish.com/library_read_article.php?id=43113
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
Reference:
Kravets I..
Constitutional design, state reforms and Russian bicameralism in the early XX century
// Law and Politics.
2018. № 4.
P. 60-106.
DOI: 10.7256/2454-0706.2018.4.43132 URL: https://en.nbpublish.com/library_read_article.php?id=43132
Abstract:
This article examines the role of the constitutional design in creating the normative legal and theoretical grounds of the Russian monarchic bicameralism; scientific approaches of the national liberal political scientists and constitutionalists towards understanding of bicameralism as a two-chamber parliamentary structure in the early XX century; correlation between parliamentarism and other types f constitutional monarchy within the practice o parliamentary institutions; conservative persuasions and views of the state reformers upon the capabilities and boundaries of the monarchic bicameralism in the Russian Empire; legal and political factors of the functionality of State Duma and State Council in terms of the conservative monarchic constitutionalism of the 1906-1917. The author applies the method of constitutional design for the more profound understanding of the conflict between the constitutional liberal and conservative protective models of Russian reforms in the early XX century. The scientific novelty consists in determination of the Russian specificity of legal and political nature of the monarchic bicameralism, using the method of constitutional design, comparative legal and specific-historical analysis, as well as the problem of implementation of the principles of discontinuity and continuity, and other principles of interaction between the State Duma and State Council. The author outlines the constitutional design and functionality of the Russian bicameralism in the beginning of XX century, which demonstrate the bicameral structure of the representative government in Russia mostly among the lawyers-constitutionalists and constitutional democrats. The conservative bureaucratic circles of the reformers did not share the values of progressive bicameralism and parliamentarism, compounded into a single constitutional project of parliamentary bicameralism.
Keywords:
continuity and discountinuity, constitutional design, the Council of Ministers, the State Council, the State Duma, basic state laws, monarchical constitution, monarchical constitutionalism, Bicameralism, parliamentary precedents
Reference:
Zalivin K..
Development of the institution of preemptive rights in Russian civil law
// Law and Politics.
2018. № 3.
P. 1-6.
DOI: 10.7256/2454-0706.2018.3.43144 URL: https://en.nbpublish.com/library_read_article.php?id=43144
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
Reference:
Vasev I.N., Sinkin K.A..
Registration of marriage in accordance with the customary law of the Russian peasant community of the XIX century
// Law and Politics.
2018. № 2.
P. 60-67.
DOI: 10.7256/2454-0706.2018.2.43135 URL: https://en.nbpublish.com/library_read_article.php?id=43135
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
Reference:
Belkovets L., Belkovets S.V..
Recognition of the Soviet Russian (USSR) law by the judicial branches of European states in the 1920’s
// Law and Politics.
2018. № 1.
P. 56-70.
DOI: 10.7256/2454-0706.2018.1.43033 URL: https://en.nbpublish.com/library_read_article.php?id=43033
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
Reference:
Artemkin A.N..
P. A. Stolypin: general political aspects of state reform
// Law and Politics.
2017. № 11.
P. 66-76.
DOI: 10.7256/2454-0706.2017.11.42983 URL: https://en.nbpublish.com/library_read_article.php?id=42983
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
Reference:
Ilyasova N.F..
The importance and role of V. N. Kokovtsov’s taxation policy in economy of the Russian Empire
// Law and Politics.
2017. № 11.
P. 77-86.
DOI: 10.7256/2454-0706.2017.11.43104 URL: https://en.nbpublish.com/library_read_article.php?id=43104
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
Reference:
Korobko K.I., Ivanova Z.B..
Last will: history and the present
// Law and Politics.
2017. № 11.
P. 87-92.
DOI: 10.7256/2454-0706.2017.11.43112 URL: https://en.nbpublish.com/library_read_article.php?id=43112
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
Reference:
Sardaryan G..
Second Vatican Council and Political Catholicism
// Law and Politics.
2017. № 11.
P. 93-101.
DOI: 10.7256/2454-0706.2017.11.43115 URL: https://en.nbpublish.com/library_read_article.php?id=43115
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
Reference:
Shirko T.I..
Conceptual grounds of legal coverage of regional administration in the Russian Federation during the early 1990’s
// Law and Politics.
2017. № 10.
P. 20-24.
DOI: 10.7256/2454-0706.2017.10.43028 URL: https://en.nbpublish.com/library_read_article.php?id=43028
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
Reference:
Panokin A.M..
Revision of court decisions during the period of validity of the 1960 Code of Criminal Procedure of the RSFSR
// Law and Politics.
2017. № 9.
P. 62-75.
DOI: 10.7256/2454-0706.2017.9.43093 URL: https://en.nbpublish.com/library_read_article.php?id=43093
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
Reference:
Butba S.R..
The establishment of dual citizenship institution in the Republic of Abkhazia (1990-2017): historical legal aspect
// Law and Politics.
2017. № 9.
P. 76-93.
DOI: 10.7256/2454-0706.2017.9.43095 URL: https://en.nbpublish.com/library_read_article.php?id=43095
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
Reference:
Shatilov S.P..
Organizational legal foundations of the work of law enforcements in the fight against child homelessness and neglect during the Great Patriotic War
// Law and Politics.
2017. № 7.
P. 75-84.
DOI: 10.7256/2454-0706.2017.7.42931 URL: https://en.nbpublish.com/library_read_article.php?id=42931
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
Reference:
Bleikh N.O..
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)
// Law and Politics.
2017. № 7.
P. 85-99.
DOI: 10.7256/2454-0706.2017.7.43084 URL: https://en.nbpublish.com/library_read_article.php?id=43084
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
Reference:
Savostyanov S..
Stages of establishment and development of legal regulation of executing judicial decisions in the Russian legislation
// Law and Politics.
2017. № 6.
P. 78-89.
DOI: 10.7256/2454-0706.2017.6.43077 URL: https://en.nbpublish.com/library_read_article.php?id=43077
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
Reference:
Aseeva A.S..
Legal regulation of the relation between parents and children in the early XIX – XX centuries
// Law and Politics.
2017. № 5.
P. 42-49.
DOI: 10.7256/2454-0706.2017.5.43051 URL: https://en.nbpublish.com/library_read_article.php?id=43051
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
Reference:
Biyushkina N.I..
Problems of organizational legal regulation of the system of higher education in Russia: history and modernity
// Law and Politics.
2017. № 5.
P. 50-67.
DOI: 10.7256/2454-0706.2017.5.43072 URL: https://en.nbpublish.com/library_read_article.php?id=43072
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
Reference:
Pashkovsky P.I..
First experience of the Russian parliamentarism and state’s foreign policy
// Law and Politics.
2017. № 4.
P. 146-157.
DOI: 10.7256/2454-0706.2017.4.43043 URL: https://en.nbpublish.com/library_read_article.php?id=43043
Abstract:
The subject of this research is the question of influence of the Russian parliamentarism upon the state’s foreign policy over the period of 1905-1917. The article provides approaches of the scholars, as well as characterizes the key stages of evolution of the Russian parliamentarism in the context of impact upon the state’s foreign policy. The author demonstrates the examples and mechanism of participation of the State Council and State Duma in the country’s foreign affairs; reveals the peculiarities of establishment and social compositions of the two chambers of parliament; and analyzes the specificity of impact of the Russian representative authority upon the state’s foreign policy mechanism. It is noted that the emergence of representative authority, reforms in the Council of Ministers, expansion of civil and political freedoms have significantly complicated the process of functionality of the Russian foreign policy mechanism by creating the indirect instruments of influence upon the state’s foreign policy. The author underlines the rapid growth of interest of the Russian society towards the questions of foreign policy, as well as noticeable empowerment of public opinion regarding the formulation and adoption of decisions in the area of foreign policy.
Keywords:
international relations, state, foreign policy, State Duma, State Council, Russia, parliamentarism, foreign policy decisions, foreign policy mechanism, public opinion
Reference:
Georgievskii E.V..
General criminal law characteristic of Tatar Khans jarligs extended to Russian metropolitan bishops
// Law and Politics.
2017. № 2.
P. 67-77.
DOI: 10.7256/2454-0706.2017.2.42613 URL: https://en.nbpublish.com/library_read_article.php?id=42613
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
Reference:
Voropanov V..
The Judicial legal reform of Paul O: goals, content, and results
// Law and Politics.
2017. № 1.
P. 92-103.
DOI: 10.7256/2454-0706.2017.1.17478 URL: https://en.nbpublish.com/library_read_article.php?id=42897
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