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Genesis: Historical research
Reference:

Review of the monograph by Yu.Yu. Gartseva "Legal regulation of interpersonal relations in the Russian Empire of the XVIII – early XX century."

Guliaeva Tatiana Borisovna

PhD in Law

Associate Professor of the Department of Civil and International Law, Nizhny Novgorod Institute of Management Branch of the Russian Presidential Academy of National Economy and Public Administration

603043, Russia, Nizhny Novgorod region, Nizhny Novgorod, Prospekt Oktyabrya str., 25, sq. 58

tbfab@rambler.ru

DOI:

10.25136/2409-868X.2023.2.37589

EDN:

ITXOMB

Received:

20-02-2022


Published:

28-02-2023


Abstract: The subject of the study is a monographic work by Yulia Yurievna Gartseva "Legal regulation of interpersonal relations in the Russian Empire of the XVIII – early XX century." The monograph analyzes the concepts and types of interpersonal relations from the point of view of various scientific views, establishes the threshold of interpersonal relations potentially subject to the norms of law, identifies the circle of subjects on whose initiative interpersonal relations passed into the legal plane, and also identifies historical sources that, by examples, reflected the transition of interpersonal relations under the law. For the first time in the monograph, from the point of view of the science of the history of state and law, the circle of interpersonal relations within the legal field is considered. The scientific novelty of the work is manifested:   Firstly, in using a wide range of scientific publications and sources to conduct a comprehensive study.Secondly, in determining the features of the legal regulation of interpersonal relations between spouses, parents and children in the imperial period of Russian history.Third, in the analysis of the features of historiography of the problem of legal regulation of interpersonal relations in the Russian Empire. The practical significance of the results of the work as a whole lies in the fact that the material presented in it can be used to improve domestic legislation in the relevant field. The work is written in a competent scientific language, its content demonstrates the author's ability to build a competent scientific discussion, formalize the results obtained and draw logically sound conclusions.


Keywords:

children, minors, spouses, parents, gurdianship, guardianship, adoption, inheritance, legal nature, interpersonal relations

This article is automatically translated.

The monograph of Gartseva Yu.Yu. is aimed at researching issues that are quite significant for the scientific environment. The legal system of the Russian Empire in the XVIII – early XX century underwent significant transformations in the field of public relations, in particular interpersonal character. The specifics of such changes largely determined the features of the development of this area of law in the subsequent time. It is worth noting that the author in the monograph repeatedly points out the continuity of the current state of domestic law in the relevant field with the legislative system of the Russian Empire. This factor is one of the aspects of the relevance of the study of this topic – determining the specifics and general nature of the development of law in a certain area in a certain period of history contributes to the development of more perfect norms for the modern institute of interpersonal relations law

The analysis of the evolution of the legal regulation of interpersonal relations is an element of systemic research that explores the nature of social relations. The use of data corresponding to the topic of the work from both legal and related disciplines of the humanities allowed this monograph to comprehensively consider the issues under study.

The chronological boundaries of the work (XVIII – early XX century.) correlate with the era of the Russian Empire. This period is one of the most controversial in the humanitarian environment, including in the field of legal history. The paper presents a greater number of different points of view on various issues of the topic under study. Their comparative analysis is carried out, and the author's conclusions are made on the basis of objective factors.

The structure of the monograph has the following form: introduction, three chapters combining six paragraphs, conclusion, a list of references consisting of 248 titles and 4 appendices that contain statistical data.

The first chapter "Theoretical and methodological foundations of the study of the legal regulation of interpersonal relations in the Russian Empire" consists of two paragraphs.

The first paragraph provides an overview of scientific publications and primary sources on the topic under study. The review of scientific works takes the form of a step-by-step analysis of historiography: pre-revolutionary, Soviet and modern periods. In the second part, an overview of the sources is made, which are divided depending on the shape and type of the material. Along with documentary materials, folklore data and examples from fiction are also widely used in the work, the content of which corresponds to the topic under study.

The author's approach to the work is due to the lack of comprehensive research on this topic and, as a consequence, the need to compile material on it and develop a certain position.

The analysis of each publication and source is made taking into account its place and role for the study of the topic.

As a result, it is concluded that comprehensive studies of the legal regulation of interpersonal relations have not yet been carried out. As a characteristic of the state of law of the Russian Empire and its corresponding area, the following circumstance is indicated: the circle of interpersonal relations that could later take the form of law has not been determined. Also, the following issues are attributed to the "white spots" of the history of jurisprudence: the prerequisites for the emergence of legal norms regulating interpersonal relations; their subject composition and the specifics of legal regulation of this kind of relations in the Russian Empire of a private-public nature have not been investigated.

Based on the analysis of primary sources, it was concluded that in most cases the law enforcement practice corresponded to the requirements of regulatory legal acts.

In the second paragraph "The concept and structure of interpersonal relations" the basic concepts and types of interpersonal relations are analyzed. Approaches to the analysis of these relations from the perspective of psychology are described. It is noted that interpersonal relationships accompany in all spheres of human activity, thereby emphasizing the systemic nature of this topic and the need for its consideration in an interdisciplinary field. The consideration of conflict as a separate form of interpersonal relations is due to the fact that this is the most popular form of relations.

The main attention in the work is given to the analysis of the legal component of the institute of interpersonal relations.

At the end of the section, the characteristic features of interpersonal relations in the legal aspect are indicated: such relations, subject to the rules of law, are based on the free will of the participants, and they are of a framework nature, that is, the boundaries of these relations are defined by legal norms.

The second chapter "Legal regulation of interpersonal relations in the family sphere of Russian society in the XVIII – early XX century." includes two paragraphs.

In the first paragraph, "Legal regulation of interpersonal relations between spouses, parents and children", the aspects of regulation of relations in the systems of various roles of their participants are investigated. The institution of the family is defined as the basis for the functioning of the system of interpersonal relations. The comparison of the legal support of this institute in different periods of the history of the Russian Empire allowed us to fully trace the genesis of this institute. Based on the analysis of examples of judicial practice on this topic, a conclusion is made about the compliance of legislation with the nature of interpersonal relations at different stages of the history of the Russian Empire. The study of examples from fiction on the relevant topic indicates an integrated approach to work.

In the second paragraph "Guardianship, adoption and inheritance in the context of interpersonal relations", the reflections of various types of interpersonal relations in the legislation of the Russian Empire are considered. The study of the materials of the legislative acts themselves is carried out in parallel with the assessment of the real state of affairs in the relevant sphere of society. A characteristic feature of interpersonal relations in the field of opera and adoption is the essential role of the personal characteristics of adoptive parents or guardians.

At the conclusion of the chapter, a controversial thesis is noted that in the Russian Empire, only the boundaries of interpersonal relations were outlined by law, but the nature of relations in a separate family was determined only by the personal characteristics of the parties, participants in these relations, their character and temperament characteristics.

In the third chapter "Legal regulation of interpersonal relations of a private-public and civil nature in the Russian Empire" there are two paragraphs.

In the first paragraph "Legal regulation of interpersonal relations of a private-public nature related to the infliction of property, moral and physical harm", the character of the development of interpersonal relations under the influence of various external factors is analyzed. The study of the development of legislative norms in the field of interpersonal relations of such influence provided an opportunity to identify the specifics of the evolution of the legal system in the relevant area, taking into account the needs of society and the transformation of the conditions of existence of this kind of relationship. The close continuity of Russian law with Roman law in this matter is also noted.

In the second paragraph "Legal regulation of interpersonal relations in the civil sphere of society", the circumstances of obtaining the status of civil relations by interpersonal relations and the corresponding legal regulation are investigated. The research in this issue is based on folklore material (fairy tales, anecdotes) and works of fiction. Based on the data studied, a logical conclusion is made that interpersonal relations in law include a set of interactions between people based on the free will of the parties, which are of a framework nature and fall under the law on the initiative of at least one of the interacting parties.

The conclusion of this paragraph is presented by the reasoned thesis that in the civil-legal sphere of society based on the free will of the parties, the interpersonal shade of relations is manifested when concluding contracts.

The author notes that the relations in the civil-legal sphere of society in the Russian Empire in the XVIII – early XX centuries had a stable pronounced interpersonal character.

The monograph is undoubtedly characterized by scientific novelty, which is manifested in the fact that for the first time in the history of legal science, a comprehensive study was conducted and the author's positions on key issues of legal regulation of interpersonal relations in the Russian Empire of the XVIII – early XX century were determined..

The scientific novelty of the work is manifested:

Firstly, the use of a wide range of scientific publications and sources for conducting a comprehensive study.

Secondly, in determining the features of the legal regulation of interpersonal relations between spouses, parents and children in the imperial period of Russian history.

Thirdly, in the analysis of the features of historiography of the problem of legal regulation of interpersonal relations in the Russian Empire.

The practical significance of the results of the work as a whole lies in the fact that the material presented in it can be used to improve domestic legislation in the relevant field.

The work is written in a competent scientific language, its content demonstrates the author's ability to build a competent scientific discussion, formalize the results obtained and draw logically sound conclusions.

Conclusion: the monograph of Yulia Yurievna Gartseva "Legal regulation of interpersonal relations in the Russian Empire of the XVIII – early XX century" is a competent and unique scientific study that can be recommended for publication.

 

References
1.

Peer Review

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The list of publisher reviewers can be found here.

REVIEW of the article on the topic "Review of the monograph by Yu.Yu. Gartseva "Legal regulation of interpersonal relations in the Russian Empire of the XVIII – early XX century."" The subject of the study. The article proposed for review is devoted to the review "... on the monograph by Yu.Yu. Gartseva "Legal regulation of interpersonal relations in the Russian Empire of the XVIII – early XX century." The author has chosen a special subject of review: the proposed issues are investigated both from the point of view of law and the history of law and folklore, while the author notes that "... definition the specifics and general nature of the development of law in a certain area in a certain period of history contributes to the development of more advanced norms for the modern institution of interpersonal relations law." It describes mainly the construction of the monograph and its structure "... has the following form: introduction, three chapters combining six paragraphs, conclusion, a list of references consisting of 248 titles and 4 appendices that contain statistical data" and the practice that has developed in interpersonal relations and is relevant to the purpose of reviewing. At the same time, the author notes that "The author's approach to the work is due to the lack of comprehensive research on this topic and, as a result, the need to compile material on it and develop a certain position." Research methodology. The purpose of the review is determined by the title and content "The use of data relevant to the topic of the work from both legal and related disciplines of the humanities allowed this monograph to comprehensively consider the issues under study." Based on the set goals and objectives, the author has chosen a certain methodological basis for the review. In particular, the author uses a set of general scientific methods of cognition. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of the proposed topic, as well as draw some conclusions from the materials of the monograph. Thus, the methodology chosen by the author is fully adequate to the purpose of the article (review), allows describing certain aspects of the monograph. The relevance of the stated issues is beyond doubt. The topic of the monograph is important in Russia, from a historical and legal point of view, the work proposed by the author can be considered relevant, namely, he notes that "It is worth noting that the author repeatedly points out in the monograph the continuity of the current state of domestic law in the relevant field with the legislative system of the Russian Empire." Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed review cannot be evaluated. It is not expressed in the specific scientific conclusions of the author of the review, he is the reviewer himself. Thus, the materials of the article (review) in the presented form may be of some interest to the scientific community in terms of contribution to the development of science of the reviewed monograph. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Genesis: Historical research", as it is devoted to the review "... on the monograph by Yu.Yu. Gartseva "Legal regulation of interpersonal relations in the Russian Empire of the XVIII – early XX century." The content of the article corresponds to the title, since the author considered the stated problems and achieved the goal of his review. The quality of the review presentation and its results should be recognized as exhaustive. The subject, objectives, methodology, and results of the review follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found, except for numerous spelling errors (combined spelling of words, descriptions). Bibliography. The quality of the literature used in the monograph should be highly appreciated. The review uses only references to the reviewed monograph. There is no appeal to the opponents. There is probably nothing to compare it with, and the reviewer noted this. Conclusions, the interest of the readership. The conclusions are logical, but not clear (why the published monograph "... by Hartseva ... can be recommended for publication"), they were obtained using a generally recognized methodology. The article (review) in this form may be of interest to the readership. Based on the above, summing up all the positive and negative sides of the article (review), I recommend "publishing", taking into account spelling and other comments.